Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with the singing of "The Lord's Prayer" by Kimi Lee Bryant, 1990 Miss South Carolina.
Rep. FAIR presented Kimi Lee Bryant, Miss South Carolina of 1990.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received and referred to the appropriate committee for consideration.
Document No. 1242
Promulgated By Wildlife and Marine Resources Department
Hunt Units and Wildlife Management Area Regulations
Received by Speaker March 14, 1990
Referred to House Committee on Agriculture and Natural Resources
120 day expiration date July 12, 1990
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3303 -- Reps. Sturkie, G. Bailey, Whipper, Klapman, Cork, White, J. Brown, Kohn, Barber, Rama, Hallman, Wright, McGinnis, Quinn, Nesbitt, Littlejohn, H. Brown, Jaskwhich, Haskins, Wofford and Fant: A BILL TO ENACT THE CLEAN INDOOR AIR AND PROMOTION OF PUBLIC HEALTH ACT OF 1989 AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 4388 -- Reps. Rudnick, Smith, Sharpe and Huff: A BILL TO AMEND SECTION 58-23-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF TAXIS IN COUNTIES CONTAINING A CITY HAVING A POPULATION IN EXCESS OF SEVENTY THOUSAND PERSONS, SO AS TO REDUCE THIS POPULATION REQUIREMENT TO TEN THOUSAND PERSONS.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 4445 -- Reps. P. Harris, Blackwell, Waldrop, Moss, Ferguson, Cooper, Felder and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 66 TO TITLE 44 SO AS TO PROVIDE FOR THE ADULT HEALTH CARE CONSENT ACT.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 4534 -- Reps. Felder, Blackwell, Cooper, Ferguson, Moss and White: A BILL TO AMEND CHAPTER 6, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, SO AS TO CREATE GROUPINGS DESIGNATED AS ARTICLE 1, "GENERAL PROVISIONS", ARTICLE 2, "MEDICALLY INDIGENT ASSISTANCE ACT", AND ARTICLE 3, "CHILD DEVELOPMENT SERVICES"; AND TO AMEND THE 1976 CODE BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR PROCEDURES FOR INTERMEDIATE SANCTIONS FOR MEDICAID CERTIFIED NURSING HOMES.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 4578 -- Reps. Keyserling, J. Bailey, Nesbitt, T. Rogers and H. Brown: A BILL TO AMEND CHAPTER 1, TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC RECORDS, REPORTS, AND OFFICIAL DOCUMENTS, SO AS TO EXPAND THE DEFINITION OF "PUBLIC BODY" AND DEFINE "PUBLIC RECORD" AS IT IS DEFINED IN SECTION 30-4-20 (FREEDOM OF INFORMATION), TO DESIGNATE THE CHIEF ADMINISTRATIVE OFFICER OF AN AGENCY, SUBDIVISION, OR PUBLIC BODY AS THE LEGAL CUSTODIAN OF PUBLIC RECORDS INSTEAD OF THE OFFICIAL IN CHARGE OF THE OFFICE HAVING THE PUBLIC RECORD, TO INCREASE THE PENALTY FOR REMOVING A PUBLIC RECORD FROM THE OFFICE IN WHICH IT IS USUALLY KEPT OR ALTERING, DEFACING, MUTILATING, SECRETING, OR DESTROYING A RECORD, TO REQUIRE THE LEGAL CUSTODIAN OF PUBLIC RECORDS TO ADEQUATELY PROVIDE PROTECTION FOR THESE RECORDS, TO REQUIRE THE DEPARTMENT OF ARCHIVES AND HISTORY TO DEVELOP STANDARDS, PROCEDURES, TECHNIQUE, AND SCHEDULES FOR EFFECTIVE MANAGEMENT OF PUBLIC RECORDS AND INSTITUTE AND MAINTAIN A TRAINING AND INFORMATION PROGRAM IN ALL PHASES OF RECORDS AND INFORMATION MANAGEMENT FOR THE EFFICIENT AND ECONOMICAL MANAGEMENT OF RECORDS AND BRING THIS PROGRAM TO THE ATTENTION OF ALL AGENCIES AND SUBDIVISIONS, TO AUTHORIZE THE DEPARTMENT TO REVIEW ALL PUBLIC RECORDS FOR THE PURPOSE OF ESTABLISHING RECORDS SCHEDULES WHICH MAY BE ISSUED BY THE DEPARTMENT AS REGULATIONS WHICH MAY SET MINIMUM AND MAXIMUM RETENTION PERIODS FOR PUBLIC RECORDS, TO AUTHORIZE THE DEPARTMENT TO WAIVE ITS AUTHORITY TO REVIEW RECORDS UNDER CERTAIN CIRCUMSTANCES, TO PROHIBIT THE DISPOSAL OR DESTRUCTION OF RECORDS WITHOUT AN APPROVED RECORDS SCHEDULE, TO REQUIRE THE EXECUTIVE OFFICER OF EACH PUBLIC AGENCY OR BODY AND THE GOVERNING BODY OF EACH SUBDIVISION TO COOPERATE WITH THE DEPARTMENT IN ESTABLISHING A SUITABLE MEDIUM FOR THE RETENTION OF ARCHIVAL RECORDS, TO DELETE THE AUTHORITY OF THE DEPARTMENT TO WITHHOLD FROM PUBLIC INSPECTION CERTAIN RECORDS AND AUTHORIZE THE DIRECTOR TO WITHHOLD FROM PUBLIC ACCESS RECORDS FOR SPECIFIC REASONS, TO CHANGE THE MANNER IN WHICH THE DETERMINATION IS MADE FOR THE DESTRUCTION OF CERTAIN RECORDS, TO ALLOW THE REMOVAL OF RECORDS FOR MICROFILMING FOR PRESERVATION PURPOSES, AND TO INCREASE THE PENALTY FOR THE REFUSAL OR WILFUL NEGLECT OF A PUBLIC OFFICIAL OR CUSTODIAN OF PUBLIC RECORDS TO PERFORM ANY DUTY REQUIRED OF HIM BY SECTIONS 30-1-10 THROUGH 30-1-140.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4653 -- Rep. J. Rogers: A BILL TO AMEND SECTION 40-47-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STANDARDS FOR THE EXAMINATION OF PHYSICIANS, SO AS TO PROVIDE AN EXCEPTION FOR THE SPECIAL PURPOSE EXAMINATION REQUIREMENT AND FOR THE CIRCUMSTANCES UNDER WHICH THE REQUIREMENT APPLIES.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4789 -- Reps. Blackwell, White and Moss: A JOINT RESOLUTION TO PROVIDE THAT THE JOINT LEGISLATIVE HEALTH CARE PLANNING AND OVERSIGHT COMMITTEE SHALL REVIEW REGULATORY REQUIREMENTS ON SMALL AND RURAL HOSPITALS, PROVIDE FOR TEMPORARY IMPLEMENTATION AND EVALUATION OF ALTERNATIVE STANDARDS, DEVELOP A RURAL HEALTH CARE PLAN MEETING THE CRITERIA UNDER THE ESSENTIAL ACCESS COMMUNITY HOSPITAL PROGRAM, AND REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 1253 -- Medical Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-425 SO AS TO PROVIDE FOR THE REGULATION OF A PHARMACY LOCATED OUTSIDE THIS STATE WHOSE PRIMARY BUSINESS IS MAIL ORDER PRESCRIPTION SERVICE.
Ordered for consideration tomorrow.
The following was introduced:
H. 4837 -- Rep. McGinnis: A CONCURRENT RESOLUTION TO CONGRATULATE JAMES F. BYRNES HIGH SCHOOL REBELS BASKETBALL TEAM AND ITS COACH, HAROLD MCMANUS, ON WINNING THE CLASS AAA BOY'S CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4838 -- Reps. Keyserling, White and Cork: A CONCURRENT RESOLUTION COMMENDING BEAUFORT ACADEMY FOR WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION ACADEMIC QUIZ BOWL STATE TITLE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4839 -- Reps. Keyserling, White and Cork: A CONCURRENT RESOLUTION TO COMMEND THE BEAUFORT COUNTY SCHOOL DISTRICT FOR CONDUCTING FOR THE SEVENTH CONSECUTIVE YEAR THE ACADEMIC CHALLENGE COMPETITION AND TO CONGRATULATE THE MORE THAN FIVE HUNDRED STUDENTS FROM THE PUBLIC SCHOOLS WHO COMPETED IN THE CHALLENGE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4840 -- Rep. Bruce: A CONCURRENT RESOLUTION CONGRATULATING THE BOYS' BASKETBALL TEAM OF CHAPMAN HIGH SCHOOL OF INMAN IN SPARTANBURG COUNTY FOR ITS OUTSTANDING 1989-90 SEASON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4841 -- Reps. P. Harris, Tucker, Carnell, McAbee, Moss, Felder, Winstead and Derrick: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MRS. ALBERTA B. WILLIAMS OF COLUMBIA WHO DIED FRIDAY, MARCH 9, 1990.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4842 -- Reps. Rudnick, Klapman, Baxley, McElveen, White, G. Brown, Davenport, Wilder, Limehouse, Rama, Blackwell, Cork, Sturkie, McBride, Waites, McLellan, Carnell, Bennett, J. Bailey, Washington, Koon, Huff, Kay, Townsend, Mappus, Whipper, D. Martin, Quinn, J. Harris, Barber, T.M. Burriss, Corning, Burch, Harrison, Smith, Sharpe, Keesley, Foster, McTeer, McEachin, Glover, Littlejohn, Mattos, J.C. Johnson, Wells, Kinon, Felder, Kirsh, Farr, Phillips, McGinnis, Ferguson, Waldrop, Hendricks, J.W. Johnson, Cole, Baker, M.O. Alexander, Keyserling, Manly, Nettles, Lanford, McLeod, Blanding, Snow, Altman, Gordon, Jaskwhich, Wofford, H. Brown, Bruce and Chamblee: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. LUCILE IRENE MCFADDEN MEADORS OF WEST COLUMBIA, LEXINGTON COUNTY, AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1348 -- Senators Russell and Giese: A CONCURRENT RESOLUTION DECLARING THE WEEK APRIL 1, 1990, THROUGH APRIL 7, 1990, AS DISABLED ATHLETES' WEEK IN SOUTH CAROLINA.
Whereas, South Carolina is blessed with many outstanding athletes who happen to have physical disabilities and who have overcome their disabilities and many other obstacles to achieve athletic excellence; and
Whereas, these athletes have conquered barriers not faced by their able-bodied peers and in so doing have demonstrated courage that is an inspiration to all the people of this State and which serves as a motivational force for all people to maintain and develop their physical health; and
Whereas, these disabled athletes have honorably represented themselves and this State in regional, national, and international competition; and
Whereas, it is important that all South Carolinians recognize and commend physically disabled individuals who strive to compete and improve themselves physically and to encourage those with disabilities who have not yet taken the opportunity to engage in athletic endeavors; and
Whereas, by setting aside the week of April 1 through April 7, 1990, as Disabled Athletes' Week, we acknowledge these unique and courageous citizens and give all South Carolinians an opportunity to participate in appropriate observances during that week. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly, by this resolution, declare the week April 1, 1990, through April 7, 1990, as Disabled Athletes' Week in South Carolina and encourage the observance of the week by appropriate ceremonies.
Be it further resolved that a copy of this resolution be forwarded to Mr. Richard Bagwell, 23 Summercreek Drive, Spartanburg, South Carolina 29302.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1357 -- Senator Macaulay: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 2, 1990, AT 12:00 NOON, AS THE TIME FOR ELECTING SUCCESSORS TO THE MEMBERS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION FROM THE FIRST, THIRD, AND FIFTH CONGRESSIONAL DISTRICTS.
The Concurrent Resolution was ordered placed on the Calendar.
The Senate sent to the House the following:
S. 1385 -- Senators Martschink, Setzler and Rose: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO RESTORE THE CUT OF FIVE MILLION DOLLARS PROPOSED BY THE UNITED STATES ARMY FOR THE ARMY JUNIOR RESERVE OFFICER TRAINING CORPS (JROTC) PROGRAM IN THE CURRENT ARMY BUDGET SUBMISSION AND TO REJECT THE ARMY'S PROPOSED ELIMINATION OF ALL JROTC UNITS AND CADETS IN THE FOLLOWING FISCAL YEAR.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1393 -- Senators Wilson and Lourie: A CONCURRENT RESOLUTION CONGRATULATING AND COMMENDING THE PEOPLE AND LEGISLATURE OF LITHUANIA FOR THEIR COURAGEOUS AND FREEDOM-LOVING ACTION IN FORMALLY DECLARING THE RESTORATION OF THEIR NATIONAL INDEPENDENCE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4843 -- Rep. Barber: A CONCURRENT RESOLUTION TO COMMEND CAPTAIN RICHARD RODGERS OF THE JAMES ISLAND FIRE DEPARTMENT FOR BRAVERY AND HEROISM WITHOUT REGARD TO HIS PERSONAL SAFETY ON THE EVENING OF SEPTEMBER 21, 1989, AS HURRICANE HUGO HIT SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4844 -- Rep. T.C. Alexander: A BILL TO AMEND SECTION 20-7-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MALICIOUS INJURY TO PROPERTY BY A MINOR, SO AS TO INCREASE THE AMOUNT OF LIABILITY FROM A MAXIMUM OF ONE THOUSAND DOLLARS TO A MAXIMUM OF FIVE THOUSAND DOLLARS.
Referred to Committee on Judiciary.
H. 4845 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE GROSS PROCEEDS OF THE SALE OF DURABLE MEDICAL EQUIPMENT, INCLUDING HOSPITAL BEDS, WHEELCHAIRS, AND CRUTCHES, NOT OTHERWISE EXEMPT FROM THE SALES TAX WHEN PURCHASED FOR INDIVIDUAL AND NOT INSTITUTIONAL USE.
Referred to Committee on Ways and Means.
H. 4846 -- Rep. J.C. Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-270 SO AS TO PROVIDE THAT DISPENSING PUMPS AT GASOLINE SERVICE STATIONS MAY HAVE A HOLD OPEN LATCH ON THE APPROVED AUTOMATIC-CLOSING TYPE NOZZLE.
Referred to Committee on Labor, Commerce and Industry.
H. 4847 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 59-21-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GUIDELINES FOR DEVELOPMENT OF A TEACHER INCENTIVE PROGRAM, SO AS TO AUTHORIZE A TEACHER POSSESSING A PROVISIONAL TEACHING CONTRACT TO RECEIVE INCENTIVE REWARDS BEGINNING WITH FISCAL YEAR 1990-91.
Referred to Committee on Education and Public Works.
H. 4848 -- Reps. Wright, Waldrop, G. Brown, Waites, Jaskwhich, Klapman, Quinn, J. Bailey, Farr and Simpson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 25 OF TITLE 50 SO AS TO REGULATE THE LAWFUL NOISE LEVEL AND THE EXHAUST SYSTEMS OF MOTORS USED TO PROPEL WATERCRAFT; AND TO REPEAL ARTICLE 11, CHAPTER 25 OF TITLE 50 RELATING TO MOTORBOATS ON LAKE WYLIE.
Referred to Committee on Agriculture and Natural Resources.
H. 4849 -- Reps. Corbett, Littlejohn, Hallman, G. Bailey, Rama, Baker, Kirsh, H. Brown, Sturkie, Wofford, Keegan, Elliott, Barfield, Blackwell, Mappus, Moss, Vaughn, Cork, Clyborne, Simpson, Davenport, Quinn, Waldrop, Bruce, Jaskwhich, Lanford and Neilson: A BILL TO ENACT THE "STUDENT PROTECTION ACT OF 1990", INCLUDING PROVISIONS THAT EACH EMPLOYEE OF A SCHOOL DISTRICT OR APPLICANT FOR EMPLOYMENT WITH THE DISTRICT, AS A CONDITION OF EMPLOYMENT, SHALL AUTHORIZE A CRIMINAL BACKGROUND INVESTIGATION OF HIMSELF, AND PROVISIONS FOR CERTAIN FEES, THE ESTABLISHMENT OF A MISDEMEANOR OFFENSE, PENALTIES, AND THE ADOPTION AND PROMULGATION OF REGULATIONS.
Rep. CORBETT asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. KLAPMAN objected.
Referred to Committee on Education and Public Works.
H. 4850 -- Rep. Baxley: A BILL TO AMEND TITLE 32, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRACTS AND AGENTS BY ADDING CHAPTER 4 SO AS TO PROVIDE FOR CERTAIN REGULATION OF CONTRACTS FOR PRINT OR MEDIA ADVERTISING.
Referred to Committee on Labor, Commerce and Industry.
H. 4851 -- Reps. Harvin, Baxley, Hallman, R. Brown, G. Brown, Nesbitt, Smith, Moss, Rhoad, Whipper, McBride, M.O. Alexander, K. Bailey, Fair, Wilkins, Koon, McTeer, Snow, Rudnick, Neilson, Chamblee, Wells, H. Brown, Keegan, Littlejohn, Clyborne, Wilder, Wofford, Glover, Ferguson, Davenport, Baker, Manly, McGinnis, Phillips, J. Bailey, Vaughn, J.C. Johnson and Farr: A BILL TO AMEND SECTION 40-17-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF DETECTIVE AND PRIVATE SECURITY AGENCIES AND EXEMPTIONS, SO AS TO PROVIDE THAT CHAPTER 17, TITLE 40 DOES NOT APPLY TO A COUNTY FIRE MARSHAL OR SIMILAR OFFICIAL WHO ALSO RECEIVES COMPENSATION FOR PRIVATE EMPLOYMENT FOR OBTAINING OR FURNISHING INFORMATION WITH REFERENCE TO THE CAUSE OF FIRES OUTSIDE HIS COUNTY OF REGULAR EMPLOYMENT AND WHO IS A STATE CONSTABLE.
Referred to Committee on Labor, Commerce and Industry.
H. 4852 -- Reps. Wilkins, D. Martin, Burch, Hodges, Gentry, Huff, Clyborne, Nettles, Hayes, Harwell, Fair, McKay, Kinon, Corning, Keesley, Haskins and Wilder: A BILL TO ENACT THE "SAFE SCHOOLS ACT OF 1990"; TO AMEND SECTION 16-23-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF CARRYING WEAPONS ON SCHOOL PROPERTY, SO AS TO INCREASE THE PENALTIES; TO AMEND SECTION 44-53-445, AS AMENDED, RELATING TO THE DISTRIBUTION OF A CONTROLLED SUBSTANCE WITHIN A CERTAIN PROXIMITY OF A SCHOOL, SO AS TO PROVIDE FOR MANDATORY FINE AND IMPRISONMENT AS PUNISHMENT, RATHER THAN "FINE OR IMPRISONMENT OR BOTH", AND TO PROVIDE FOR A SEPARATE CRIMINAL OFFENSE OF PURCHASING UNLAWFULLY A CONTROLLED SUBSTANCE WHILE WITHIN A RADIUS OF ONE-HALF MILE OF THE GROUNDS OF AN ELEMENTARY, MIDDLE, OR SECONDARY SCHOOL AND PROVIDE A PENALTY; TO AMEND SECTION 20-7-430, AS AMENDED, RELATING TO TRANSFER OF JURISDICTION BY CERTAIN COURTS OVER JUVENILES, SO AS TO PROVIDE THAT IF A CHILD FIFTEEN YEARS OF AGE OR OLDER IS CHARGED WITH A VIOLATION OF SECTION 16-23-430(1) OR SECTION 44-53-445, THE COURT MAY, UNDER CERTAIN CONDITIONS AND CIRCUMSTANCES, BIND OVER THE CHILD FOR PROPER CRIMINAL PROCEEDINGS TO A COURT WHICH WOULD HAVE TRIAL JURISDICTION OF THE OFFENSES IF COMMITTED BY AN ADULT; TO AMEND SECTION 20-7-3300, RELATING TO THE CONFIDENTIALITY OF JUVENILE RECORDS OF THE DEPARTMENT OF YOUTH SERVICES AND EXCEPTIONS, SO AS TO PROVIDE THAT RECORDS AND INFORMATION PROVIDED TO A PUBLIC OR PRIVATE SCHOOL BY THE DEPARTMENT MUST INCLUDE, IN CERTAIN CASES, A COPY OF, AND, IF REQUESTED, INFORMATION ABOUT, THE PERSON'S JUVENILE CRIMINAL RECORD, AND REQUIRE SCHOOL DISTRICTS TO DEVELOP A POLICY FOR SCHOOLS TO FOLLOW WITHIN THE DISTRICT REGARDING THE CONFIDENTIALITY OF THE RECORDS AND OTHER INFORMATION; AND TO AMEND CHAPTER 63, TITLE 59, RELATING TO EDUCATION AND PUPILS GENERALLY, BY ADDING ARTICLE 4 SO AS TO ENACT THE "SCHOOL CRIME REPORT ACT".
Referred to Committee on Judiciary.
H. 4853 -- Reps. Corbett, Altman, G. Bailey, Baker, Barber, Barfield, Baxley, Blackwell, Boan, G. Brown, H. Brown, Bruce, T.M. Burriss, Clyborne, Cole, Cork, Corning, Davenport, Elliott, Fair, Gentry, Hallman, Harrison, Haskins, Huff, Jaskwhich, Keegan, Keyserling, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Mappus, L. Martin, Mattos, McCain, McGinnis, Moss, Neilson, Quinn, Rama, Rhoad, Simpson, Sturkie, Vaughn, Waites, Waldrop, Wells, Wofford, Wright, Harwell and Kinon: A JOINT RESOLUTION TO CREATE THE ADVISORY COMMISSION ON ELIMINATION OF WASTEFUL STATE GOVERNMENT SPENDING, AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES.
Referred to Committee on Ways and Means.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burriss, M.D. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Davenport Derrick Elliott Faber Fair Fant Farr Felder Ferguson Foster Glover Gordon Gregory Hallman Harris, J. Harris, P. Harrison Harwell Hayes Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Lanford Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Rama Rhoad Rogers, J. Rogers, T. Sharpe Sheheen Short Simpson Smith Snow Stoddard Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Williams, D. Winstead Wofford Wright
I came in after the roll call and was present for the Session on March 15, 1990.
Larry Koon Irene Rudnick Robert A. Kohn Roland S. Corning Paul M. Burch Larry Gentry Rick Quinn Terry E. Haskins Alex Harvin, III
STATEMENT OF ATTENDANCE
Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, March 14.
Announcement was made that Dr. Roy E. Nickles of Charleston is the Doctor of the Day for the General Assembly.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 153 to Section 66, Rep. ELLIOTT having the floor.
Rep. ELLIOTT proposed the following Amendment No. 153 (Doc. No. 1089X), which was adopted.
Amend the bill, as and if amended, Part I, Section 66, Department of Parks, Recreation and Tourism, page 589, right column, by adding an appropriately numbered paragraph to read:
/66.(11) Of the increased funds appropriated for advertising under Special Items in subsection V of this section, four hundred thousand dollars is set aside for use as a one to one match program for advertising for coastal and other counties impacted by Hurricane Hugo./
Renumber sections to conform.
Amend totals and title to conform.
Rep. ELLIOTT explained the amendment.
Rep. ELLIOTT continued speaking.
The amendment was then adopted.
Debate was resumed on Section 67.
Section 67 was adopted.
Section 67.1 was adopted.
The Ways and Means Committee proposed the following Amendment No. 13 (Doc. No. 1646b), which was adopted.
Amend the bill, as and if amended, Part I, Section 67 - Development Board, Page 594, beginning on Line 11, left column, by deleting /a 501(C)(3) corporation or a corporation expected to receive the 501 (C)(3) status/ and inserting /Enterprise Development, Inc. of South Carolina/
Amend further, Line 12, right column, by deleting /One-Stop Business Information Center/ and inserting /business information center/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Section 67.2, as amended, was adopted.
Debate was resumed on Section 72.
Section 72 was adopted.
Rep. J. BAILEY proposed the following Amendment No. 103 (Doc. No. 1693b), which was adopted.
Amend the bill, as and if amended, Part I, Section 72-Old Exchange Building Commission, Page 0602, by inserting a new paragraph appropriately numbered at the end /72.1 Notwithstanding the provisions of Chapter 35 of Title 11 of the Code of Laws of South Carolina (1976), these funds (except for per diem and travel for necessary Commission meetings) shall be used to enter into a written agreement with the City of Charleston for complete administrative, accounting, management, marketing and operating services. Such services shall be performed in accordance with all applicable State laws, regulations, and procedures. Prior to final execution, the agreement must be approved by the House Ways and Means Committee. Costs incurred by the City of Charleston under the agreement shall be immediately reimbursed by the Commission upon submission of proper invoices to the Comptroller General. All revenues earned as a result of operating the Old Exchange Building shall be used by the City of Charleston to defray the operating costs of the Old Exchange Building. It is the intent of the General Assembly that the Old Exchange will be self supporting by June 3, 1994./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KEYSERLING explained the amendment.
The SPEAKER Pro Tempore granted Rep. ALTMAN a temporary leave of absence to attend a Highway Commission meeting.
The amendment was then adopted.
Debate was resumed on 82.1 - 82.9 Proviso.
Section 82.1 was adopted.
Section 82.2 was adopted.
Section 82.3 was adopted.
Section 82.4 was adopted.
Section 82.5 was adopted.
Section 82.6 was adopted.
Section 82.8 was adopted.
Section 82.9 was adopted.
Rep. KEESLEY proposed the following Amendment No. 169 (Doc. No. 1785b), which was adopted.
Amend the bill, as and if amended, Part I, Section 82, SC Tax Commission, Page 0643, Line 13, right column, by adding an appropriately numbered Proviso at the end to read / 82.10 The Tax Commission shall include a space on its annual personal income tax forms by which the taxpayer may indicate to receive from the Tax Commission for the next annual return a pre-printed label in lieu of a blank tax form, the pre-printed label being designed to be affixed to the taxpayer's completed return.
Renumber sections to conform.
Amend totals and title to conform.
Rep. KEESLEY explained the amendment.
The amendment was then adopted.
Debate was resumed on Section 83.
Section 83 was adopted.
Section 83.1 was adopted.
Section 83.2 was adopted.
Section 83.3 was adopted.
Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.
Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 124.
Section 124 was adopted.
Section 124.1 was adopted.
Section 124.2 was adopted.
Section 124.3 was adopted.
Section 124.4 was adopted.
Section 124.5 was adopted.
Section 124.6 was adopted.
Section 124.7 was adopted.
Section 124.8 was adopted.
Section 124.9 was adopted.
Section 124.10 was adopted.
Section 124.11 was adopted.
Section 124.12 was adopted.
Section 124.13 was adopted.
Section 124.14 was adopted.
Section 124.15 was adopted.
Section 124.16 was adopted.
Section 124.17 was adopted.
Section 124.18 was adopted.
Section 124.19 was adopted.
Section 124.20 was adopted.
Section 124.21 was adopted.
Rep. McTEER proposed the following Amendment No. 22 (Doc. No. 0857X), which was adopted.
Amend the report of the Ways and Means Committee, Part I, Section 124, Department of Highways and Public Transportation, by adding an appropriately numbered paragraph to read:
/124.22___. The Select Oversight Committee created under the provisions of Section 12-27-1300 of the 1976 Code shall direct that an amount equal to one-fourth of one cent not to exceed $3,000,000 generated from the tax levied under the provisions of Section 12-27-1210 through 12-27-1240 must be used to fund public transportation activities in this State./
Renumber sections to conform.
Amend title to conform.
Rep. McTEER explained the amendment.
The amendment was then adopted.
Rep. T.C. ALEXANDER proposed the following Amendment No. 12 (Doc. No. 0945X), which was adopted.
Amend the bill, as and if amended, Part I, Section 124 (Department of Highways and Public Transportation), page 0711, right-hand column, by adding the following proviso to be appropriately numbered, as follows:
/124.24___. Of the amount appropriated in this section for "Supplies and Materials" under Part IV ("Motor Vehicle Personal Service"), one thousand dollars must be expended by the department in fiscal year 1990-91 in a pilot project to improve highway safety regarding rural mail delivery, by producing and erecting roadway signs stating "Rural Mail Route, Frequent Stops Ahead", so as to mark rural mail delivery routes where frequent stops occur./
Amend totals and title to conform.
Rep. T.C. ALEXANDER explained the amendment.
The amendment was then adopted.
Rep. BLACKWELL proposed the following Amendment No. 150 (Doc. No. 1085X), which was adopted.
Amend the bill, as and if amended, in PART I, SECTION 124 (DEPT. OF HIGHWAYS 7 PUBLIC TRANSPORTATION), page 0711, by adding an appropriately numbered paragraph to read:
/124.25. The Department of Highways and Public Transportation shall conduct a study of the rental car industry in this State. The study shall include how to effectively enforce laws dealing with the collection of ad valorem taxes from the rental car industry. The department shall work with the county auditors of this State to ensure that all ad valorem taxes due to the counties are paid by the rental car industry./
Renumber paragraphs to conform.
Amend title to conform.
Rep. BLACKWELL explained the amendment.
The amendment was then adopted.
Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.
Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 129.1.
Section 129.1 was adopted.
Section 129.2 was adopted.
Rep. LIMEHOUSE proposed the following Amendment No. 192 (Doc. No. 1122X), which was tabled.
Amend the bill, as and if amended, in PART I, SECTION 129, page 712, by striking proviso 129.3 and inserting:
/129.3. The University of South Carolina, Clemson University, the Medical University of S. C. (including the Medical University Hospital), The Citadel, Winthrop College, S. C. State College, Francis Marion College, College of Charleston, Lander College and the Wil Lou Gray Opportunity School shall remit all revenues and income, collected at the respective institutions, to the State Treasurer according to the term of Section 1 of this Act, but all such revenues or income so collected, except fees received as regular term tuition, matriculation, and registration, shall be carried in a special continuing account by the State Treasurer, to the credit of the respective institutions, and may be requisitioned by said institutions, in the manner prescribed in Section 129.1 of this Act, and expended to fulfill the purpose for which such fees or income were levied, but no part of such income shall be used for permanent improvements without the express written approval of the State Budget and Control Board and the Joint Legislative Capital Bond Review Committee; and it is further required that no such fee or income shall be charged in excess of the amount that is necessary to supply the service, or fulfill the purpose for which such fee or income was charged. Notwithstanding other provisions of this act, funds at State Institutions of Higher Learning derived wholly from athletic or other student contests, from the activities of student organizations, and from the operations of canteens and bookstores, and from approved Private Practice plans may be retained at the institution and expended by the respective institutions only in accord with policies established by the institution's Board of Trustees. A copy of these policies must be provided annually to the General Assembly together with a statement of receipts and expenditures regarding these funds for the previous year. None of these funds may be used to satisfy the obligations of the institution under any personal service contract with an employee of the institution which contract has a duration in excess of three years and which was executed, extended, or renewed after July 1, 1990. Such funds shall be audited annually by the State but, except as otherwise provided above, the provisions of this Act concerning unclassified personnel compensation, travel, equipment purchases and other purchasing regulations shall not apply to the use of these funds./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LIMEHOUSE explained the amendment.
Rep. FELDER raised the Point of Order that Amendment No. 192 was out of order as it was not germane to the Bill in that it did not relate to an appropriation in the Bill. He further stated that the amendment attempted to establish a contract law principle by way of a proviso and this should be separate legislation from the Appropriations Bill.
Rep. LIMEHOUSE argued contra the Point in stating that the amendment reworded the proviso and added guidelines. He further stated that it dealt with the expenditure of public funds and if Rep. FELDER'S argument were correct, then the entire section would not be germane.
Rep. FELDER, citing Rule 5.3, further stated that the intent of the amendment was to address contracts and the proviso did not go to that extent.
SPEAKER Pro Tempore J. ROGERS stated that the amendment dealt with a proviso that was applicable for this year only.
Rep. McEACHIN stated that Rule 5.3 would not be applicable to this portion of the Appropriations Bill.
Rep. LIMEHOUSE, citing Section 1A.1 on page 1 of the Bill, further argued contra the Point in stating that it was the intent of the General Assembly to appropriate all state funds and there was already a ruling from the Attorney General that these were state funds as they were generated by a state agency.
SPEAKER Pro Tempore J. ROGERS stated that the language related to the expenditure of funds, that of personal service contracts, and he overruled the Point of Order.
Rep. LIMEHOUSE continued speaking.
Rep. KIRSH spoke against the amendment.
Rep. LIMEHOUSE spoke in favor of the amendment.
Rep. FELDER moved to table the amendment.
Rep. LIMEHOUSE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, K. Beasley Bennett Blackwell Blanding Brown, J. Burch Burriss, M.D. Burriss, T.M. Carnell Corning Derrick Elliott Fant Farr Felder Foster Glover Gordon Harris, J. Harris, P. Harrison Harvin Hendricks Huff Johnson, J.W. Keesley Keyserling Kirsh Manly Martin, D. McAbee McCain McElveen McGinnis McTeer Nesbitt Nettles Rhoad Rogers, J. Rudnick Sheheen Short Simpson Smith Snow Taylor Tucker Waldrop Washington Whipper White Wilder Wright
Those who voted in the negative are:
Bailey, G. Bailey, J. Baker Barber Barfield Baxley Brown, H. Bruce Chamblee Clyborne Cole Cooper Corbett Cork Davenport Ferguson Gregory Hallman Hayes Holt Jaskwhich Johnson, J.C. Kay Keegan Klapman Kohn Koon Limehouse Littlejohn Mappus Martin, L. McEachin Neilson Sturkie Townsend Vaughn Waites Wells Wilkes Wilkins Williams, D. Wofford
So, the amendment was tabled.
Rep. LIMEHOUSE proposed the following Amendment No. 194 (Doc. No. 1000o), which was tabled.
Amend the bill, as and if amended, in PART I, SECTION 129, page 712, by striking proviso 129.3 and inserting:
/129.3. The University of South Carolina, Clemson University, the Medical University of S. C. (including the Medical University Hospital), The Citadel, Winthrop College, S. C. State College, Francis Marion College, College of Charleston, Lander College and the Wil Lou Gray Opportunity School shall remit all revenues and income, collected at the respective institutions, to the State Treasurer according to the term of Section 1 of this Act, but all such revenues or income so collected, except fees received as regular term tuition, matriculation, and registration, shall be carried in a special continuing account by the State Treasurer, to the credit of the respective institutions, and may be requisitioned by said institutions, in the manner prescribed in Section 129.1 of this Act, and expended to fulfill the purpose for which such fees or income were levied, but no part of such income shall be used for permanent improvements without the express written approval of the State Budget and Control Board and the Joint Legislative Capital Bond Review Committee; and it is further required that no such fee or income shall be charged in excess of the amount that is necessary to supply the service, or fulfill the purpose for which such fee or income was charged. Notwithstanding other provisions of this act, funds at State Institutions of Higher Learning derived wholly from athletic or other student contests, from the activities of student organizations, and from the operations of canteens and bookstores, and from approved Private Practice plans may be retained at the institution and expended by the respective institutions only in accord with policies established by the institution's Board of Trustees. A copy of these policies must be provided annually to the General Assembly together with a statement of receipts and expenditures regarding these funds for the previous year. None of these funds may be used to satisfy the obligations of the institution under any personal service contract with an employee of the institution which contract has a duration in excess of four years and which was executed, extended, or renewed after July 1, 1990. Such funds shall be audited annually by the State but, except as otherwise provided above, the provisions of this Act concerning unclassified personnel compensation, travel, equipment purchases and other purchasing regulations shall not apply to the use of these funds./
Amend title to conform.
Rep. LIMEHOUSE explained the amendment.
Rep. KIRSH moved to table the amendment.
Rep. LIMEHOUSE demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 49 to 27.
Rep. LIMEHOUSE proposed the following Amendment No. 195 (Doc. No. 0996o), which was tabled.
Amend the bill, as and if amended, Part I, Section 129, page 712, by inserting in Proviso 129.3 after /trustees./ on line 20 in the righthand column the following:
/A copy of these policies must be provided annually to the General Assembly together with a statement of receipts and expenditures regarding these funds for the previous year./
Amend title to conform.
Rep. LIMEHOUSE explained the amendment.
Rep. LIMEHOUSE moved to adjourn debate upon the section.
Rep. J.W. JOHNSON moved to table the motion.
Rep. CORBETT demanded the yeas and nays, which were not ordered.
The motion to adjourn debate was tabled by a division vote of 38 to 19.
Rep. J.W. JOHNSON moved to table the amendment, which was agreed to.
Section 129.3 was adopted.
Rep. KIRSH proposed the following Amendment No. 104 (Doc. No. 1735b), which was adopted.
Amend the bill, as and if amended, Part I, Section 129-General & Temporary, Page 0712, Line 25, right column, proviso 129.4, by inserting after /education/ the following /, including but not limited to, technical colleges,/
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Section 129.4, as amended, was adopted.
Section 129.5 was adopted.
Section 129.6 was adopted.
Section 129.7 was adopted.
Section 129.8 was adopted.
Rep. McLELLAN proposed the following Amendment No. 183 (Doc. No. 0937o), which was adopted.
Amend the bill, as and if amended, in Section 129.9, by inserting immediately after /Corrections,/ on line 12 in the lefthand column of page 714 the following:
/the State Commissioner of Mental Health,/.
Amend title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Section 129.9, as amended, was adopted.
Section 129.10 was adopted.
Section 129.11 was adopted.
Section 129.12 was adopted.
Section 129.13 was adopted.
Section 129.14 was adopted.
Section 129.15 was adopted.
Section 129.16 was adopted.
Section 129.17 was adopted.
Section 129.18 was adopted.
Section 129.19 was adopted.
Section 129.20 was adopted.
Section 129.20A was adopted.
Section 129.21 was adopted.
Section 129.22 was adopted.
Section 129.23 was adopted.
Section 129.24 was adopted.
Section 129.25 was adopted.
Section 129.26 was adopted.
Section 129.27 was adopted.
Section 129.28 was adopted.
Section 129.30 was adopted.
Section 129.31 was adopted.
Section 129.32 was adopted.
Section 129.33 was adopted.
Section 129.34 was adopted.
Section 129.35 was adopted.
Section 129.36 was adopted.
Section 129.37 was adopted.
Section 129.38 was adopted.
Section 129.39 was adopted.
Section 129.40 was adopted.
Section 129.41 was adopted.
Section 129.42 was adopted.
Rep. KIRSH moved to table the section, which was agreed to.
Rep. KIRSH proposed the following Amendment No. 173 (Doc. No. 1765b), which was adopted.
Amend the bill, as and if amended, Part I, Section 129-General and Temporary, Page 0723, Line 38, left column, proviso 129.44, by deleting the proviso in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Section 129.45 was adopted.
Rep. KIRSH proposed the following Amendment No. 87 (Doc. No. 0269b), which was adopted.
Amend the bill, as and if amended, Part I, Section 129-General and Temporary Provisos, Page 0723, Line 13, right column, paragraph 129.46, by deleting the proviso in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Section 129.47 was adopted.
Section 129.48 was adopted.
Section 129.49 was adopted.
Section 129.50 was adopted.
Section 129.51 was adopted.
Debate was resumed on Section 130.1.
Section 130.1 was adopted.
Reps. WOFFORD, LIMEHOUSE and GEORGE H. BAILEY proposed the following Amendment No. 122 (Doc. No. 1049X), which was ruled out of order.
Amend the bill, as and if amended, in PART I,page 0726, by adding at the end an appropriately numbered paragraph to read:
/____. (A) A Commission is hereby established to assess the needs and study the problems of retirees residing in this state and to determine what actions the State should take to attract and retain retirees. The Commission shall study and make recommendations about state tax policies affecting the retirees residing in this State, including how to attract and retain more retirees. The Commission shall report such findings to the General Assembly.
(B) The Commission shall consist of two members of the Senate to be appointed by the President of the Senate; two members of the House of Representatives to be appointed by the Speaker of the House; the Commissioner of the Tax Commission or his designee; the State Treasurer or his designee; the Director of the Commission on Aging or his designee; the Director of the Department of Parks, Recreation and Tourism or his designee; the Director of the State Development Board or his designee; and three retired citizens of the state appointed by the Governor. A chairman shall be selected from the legislative membership of the Commission by the members of the General Assembly who are members of the Commission. The Commission shall dissolve one year after its creation.
(C) The members of the Commission shall receive no compensation for their services, other than reimbursement for traveling and other expenses incurred in the performance of their official duties. The expenses of the legislative appointees and governmental members must be paid from the approved accounts of their respective bodies and agencies, and the expenses of the gubernatorial appointees must be paid from funds appropriated to the Governor's Office./
Renumber paragraphs to conform.
Amend totals and title to conform.
Rep. WOFFORD explained the amendment.
Rep. McLELLAN raised the Point of Order that Amendment No. 122 was out of order as it was not germane to the Bill in that it did not relate to an appropriation in the Bill.
Rep. LIMEHOUSE, citing Page 3, paragraph C of the amendment, argued contra the Point in stating that it concerned the compensation of services coming from funds appropriated to the Governor's Office in this year's budget.
SPEAKER Pro Tempore J. ROGERS stated that there was not an appropriation for this purpose and that it did not have an impact on a line-item in the Appropriations Bill and he sustained the Point of Order and ruled the amendment out of order.
Debate was resumed on Section 4.
Section 4 was adopted.
Section 4.1 was adopted.
Section 4.2 was adopted.
Section 4.4 was adopted.
Section 4.5 was adopted.
Section 4.6 was adopted.
Section 4.7 was adopted.
Section 4.8 was adopted.
Section 4.9 was adopted.
Section 4.10 was adopted.
Section 4.13 was adopted.
Rep. BAXLEY proposed the following Amendment No. 28 (Doc. No. 1688b), which was ruled out of order.
Amend the bill, as and if amended, Part I, Section 4-Judicial, Page 0044, Line 15, right column, by adding an appropriately numbered proviso at the end to read /4.__ Notwithstanding any other provision of the law, the Chief Justice is authorized to assign retired judges to hold court as necessary for the administration of the court system./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BAXLEY explained the amendment.
The SPEAKER granted Rep. KLAPMAN a temporary leave of absence for 2 hours.
Rep. J.W. JOHNSON raised the Point of Order that Amendment No. 28 was out of order as it was not germane to the Bill.
Rep. BAXLEY argued contra the Point in stating that the amendment would save money in the expenditure of funds by the use of retired judges instead of active judges.
The SPEAKER stated that there was no money appropriated in the Bill for these judges and he sustained the Point of Order and ruled the amendment out of order.
Debate was resumed on Section 5B.
Section 5B was adopted.
Debate was resumed on Section 27.
Rep. McELVEEN spoke against the section.
Section 27 was adopted.
Section 27.1 was adopted.
Section 27.2 was adopted.
Section 27.3 was adopted.
Section 27.4 was adopted.
Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.
Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.
Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.
Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.
Rep. McLELLAN inquired of the Chair about the status of Part I and proceeding on to Part II at this point.
The SPEAKER stated that if the House went to Part I and its amendments and failed to reopen the section for the amendments, then it would be clinched, so the House would proceed to Part II at this time.
Debate was resumed on Section 15.
Section 15 was adopted.
Debate was resumed on Amendment No. 86, which was proposed on Tuesday, March 13, by Rep. RUDNICK.
Rep. LIMEHOUSE moved to adjourn debate upon the amendment, which was adopted.
Debate was resumed on Amendment No. 96, which was proposed on Tuesday, March 13, by Rep. RUDNICK.
Rep. RUDNICK explained the amendment.
Rep. G. BAILEY moved to table the amendment, which was agreed to by a division vote of 81 to 4.
Rep. RUDNICK proposed the following Amendment No. 97 (Doc. No. 1007X), which was tabled.
Amend the bill, as and if amended, in PART II by adding an appropriately numbered section to read:
TO AMEND SECTION 12-35-516, AS AMENDED, RELATING TO THE MAXIMUM TAX ON THE SALE OR LEASE OF AN AIRCRAFT, MOTOR VEHICLE, BOAT, MOTORCYCLE, TRAILER, RECREATIONAL VEHICLE, OR SELF-PROPELLED LIGHT CONSTRUCTION EQUIPMENT, SO AS TO INCREASE THE MAXIMUM TAX WHICH MAY BE IMPOSED FROM THREE HUNDRED DOLLARS TO NINE HUNDRED DOLLARS.
Section 12-35-516 of the 1976 Code is amended to read:
"Section 12-35-516. The maximum tax imposed by this chapter is nine hundred dollars for each sale made or lease-executed after June 30, 1990 of each:
(1) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;
(2) motor vehicle;
(3) motorcycle;
(4) boat;
(5) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;
(6) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or
(7) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower.
In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals nine hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days./
Renumber sections to conform.
Amend totals and title to conform.
Rep. RUDNICK explained the amendment.
Rep. G. BAILEY moved to table the amendment, which was agreed to.
Rep. RUDNICK proposed the following Amendment No. 98 (Doc. No. 1024X), which was tabled.
Amend the bill, as and if amended, in PART II by adding an appropriately numbered section to read:
TO AMEND SECTION 12-35-516, AS AMENDED, RELATING TO THE MAXIMUM TAX ON THE SALE OR LEASE OF AN AIRCRAFT, MOTOR VEHICLE, BOAT, MOTORCYCLE, TRAILER, RECREATIONAL VEHICLE, OR SELF-PROPELLED LIGHT CONSTRUCTION EQUIPMENT, SO AS TO INCREASE THE MAXIMUM TAX WHICH MAY BE IMPOSED FROM THREE HUNDRED DOLLARS TO EIGHT HUNDRED DOLLARS.
Section 12-35-516 of the 1976 Code is amended to read:
"Section 12-35-516. The maximum tax imposed by this chapter is eight hundred dollars for each sale made or lease-executed after June 30, 1990 of each:
(1) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;
(2) motor vehicle;
(3) motorcycle;
(4) boat;
(5) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;
(6) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or
(7) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower.
In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals eight hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LITTLEJOHN moved to table the amendment, which was agreed to.
Rep. RUDNICK proposed the following Amendment No. 99 (Doc. No. 1026X), which was tabled.
Amend the bill, as and if amended, in PART II by adding an appropriately numbered section to read:
TO AMEND SECTION 12-35-516, AS AMENDED, RELATING TO THE MAXIMUM TAX ON THE SALE OR LEASE OF AN AIRCRAFT, MOTOR VEHICLE, BOAT, MOTORCYCLE, TRAILER, RECREATIONAL VEHICLE, OR SELF-PROPELLED LIGHT CONSTRUCTION EQUIPMENT, SO AS TO INCREASE THE MAXIMUM TAX WHICH MAY BE IMPOSED FROM THREE HUNDRED DOLLARS TO SEVEN HUNDRED DOLLARS.
Section 12-35-516 of the 1976 Code is amended to read:
"Section 12-35-516. The maximum tax imposed by this chapter is seven hundred dollars for each sale made or lease-executed after June 30, 1990 of each:
(1) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;
(2) motor vehicle;
(3) motorcycle;
(4) boat;
(5) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;
(6) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or
(7) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower.
In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals seven hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days./
Renumber sections to conform.
Amend totals and title to conform.
Rep. McCAIN moved to table the amendment, which was agreed to.
Rep. RUDNICK proposed the following Amendment No. 100 (Doc. No. 1027X), which was tabled.
Amend the bill, as and if amended, in PART II by adding an appropriately numbered section to read:
TO AMEND SECTION 12-35-516, AS AMENDED, RELATING TO THE MAXIMUM TAX ON THE SALE OR LEASE OF AN AIRCRAFT, MOTOR VEHICLE, BOAT, MOTORCYCLE, TRAILER, RECREATIONAL VEHICLE, OR SELF-PROPELLED LIGHT CONSTRUCTION EQUIPMENT, SO AS TO INCREASE THE MAXIMUM TAX WHICH MAY BE IMPOSED FROM THREE HUNDRED DOLLARS TO SIX HUNDRED DOLLARS.
Section 12-35-516 of the 1976 Code is amended to read:
"Section 12-35-516. The maximum tax imposed by this chapter is six hundred dollars for each sale made or lease-executed after June 30, 1990 of each:
(1) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;
(2) motor vehicle;
(3) motorcycle;
(4) boat;
(5) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;
(6) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or
(7) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower.
In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals six hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days./
Renumber sections to conform.
Amend totals and title to conform.
Rep. FOSTER moved to table the amendment, which was agreed to.
Rep. RUDNICK proposed the following Amendment No. 101 (Doc. No. 1028X), which was tabled.
Amend the bill, as and if amended, in PART II by adding an appropriately numbered section to read:
TO AMEND SECTION 12-35-516, AS AMENDED, RELATING TO THE MAXIMUM TAX ON THE SALE OR LEASE OF AN AIRCRAFT, MOTOR VEHICLE, BOAT, MOTORCYCLE, TRAILER, RECREATIONAL VEHICLE, OR SELF-PROPELLED LIGHT CONSTRUCTION EQUIPMENT, SO AS TO INCREASE THE MAXIMUM TAX WHICH MAY BE IMPOSED FROM THREE HUNDRED DOLLARS TO FIVE HUNDRED DOLLARS.
Section 12-35-516 of the 1976 Code is amended to read:
"Section 12-35-516. The maximum tax imposed by this chapter is five hundred dollars for each sale made or lease-executed after June 30, 1990 of each:
(1) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;
(2) motor vehicle;
(3) motorcycle;
(4) boat;
(5) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;
(6) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or
(7) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower.
In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals five hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HOLT moved to table the amendment, which was agreed to.
Rep. RUDNICK proposed the following Amendment No. 102 (Doc. No. 1032X), which was tabled.
Amend the bill, as and if amended, in PART II by adding an appropriately numbered section to read:
TO AMEND SECTION 12-35-516, AS AMENDED, RELATING TO THE MAXIMUM TAX ON THE SALE OR LEASE OF AN AIRCRAFT, MOTOR VEHICLE, BOAT, MOTORCYCLE, TRAILER, RECREATIONAL VEHICLE, OR SELF-PROPELLED LIGHT CONSTRUCTION EQUIPMENT, SO AS TO INCREASE THE MAXIMUM TAX WHICH MAY BE IMPOSED FROM THREE HUNDRED DOLLARS TO FOUR HUNDRED DOLLARS.
Section 12-35-516 of the 1976 Code is amended to read:
"Section 12-35-516. The maximum tax imposed by this chapter is four hundred dollars for each sale made or lease-executed after June 30, 1990 of each:
(1) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;
(2) motor vehicle;
(3) motorcycle;
(4) boat;
(5) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;
(6) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or
(7) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower.
In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals four hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WOFFORD moved to table the amendment, which was agreed to.
Rep. LIMEHOUSE moved to reconsider the vote whereby Amendment No. 102 was tabled.
Rep. HASKINS moved to table the motion to reconsider, which was agreed to.
Rep. BAXLEY proposed the following Amendment No. 105 (Doc. No. 0956o), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-35-550, AS AMENDED, OF THE 1976 CODE, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO DELETE ITEM (32)
Section 12-35-550, as last amended by Act 189 of 1989, is further amended by deleting item (32) relating to gross proceeds of the sale of merchandise by canteens operated by the Department of Corrections./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BAXLEY explained the amendment.
Rep. BLANDING raised the Point of Order that Amendment No. 105 was out of order as it was not germane to the Bill.
The SPEAKER stated that it affected revenue under Section 122 of the Bill and he overruled the Point of Order.
Rep. BAXLEY continued speaking.
Rep. BLANDING spoke against the amendment and moved to table the amendment.
Rep. DAVENPORT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, K. Barber Barfield Blackwell Blanding Boan Brown, G. Cooper Elliott Felder Foster Johnson, J.W. Keyserling Kinon Kirsh Mattos McAbee McLellan McTeer Sheheen Snow Washington Whipper White Williams, D.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, J. Baker Baxley Beasley Brown, H. Bruce Burch Burriss, M.D. Carnell Chamblee Clyborne Cole Cork Davenport Fair Fant Farr Ferguson Gentry Glover Hallman Harris, J. Harris, P. Harwell Haskins Hayes Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Keegan Keesley Kohn Koon Lanford Limehouse Littlejohn Manly Mappus Martin, L. McEachin McElveen McGinnis McKay McLeod Moss Neilson Nettles Phillips Quinn Rama Rogers, J. Rudnick Sharpe Short Simpson Smith Stoddard Townsend Tucker Vaughn Wells Wilder Winstead Wofford Wright
So, the House refused to table the amendment.
Rep. CORNING moved that the House recede until 2:00 P.M., which was rejected by a division vote of 43 to 55.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. RUDNICK proposed the following Amendment No. 116 (Doc. No. 1070X), which was tabled.
Amend the bill, as and if amended, in PART II, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-37-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO INCREASE THE EXEMPTION FROM THE FIRST TWENTY THOUSAND DOLLARS TO THE FIRST TWENTY THOUSAND SIX HUNDRED DOLLARS BEGINNING WITH THE 1990 TAX YEAR.
A. The first paragraph of Section 12-37-250 of the 1976 Code is amended to read:
"The first twenty thousand six hundred dollars of the fair market value of the dwelling place of a person is exempt from county, municipal, school, and special assessment real estate property taxes when the person has been a resident of this State for at least one year and has reached the age of sixty-five years on or before December thirty-first, the person has been classified as totally and permanently disabled by a state or federal agency having the function of classifying persons, or the person is legally blind as defined in Section 43-25-20, preceding the tax year in which the exemption is claimed and holds complete fee simple title or a life estate to the dwelling place. A person claiming to be totally and permanently disabled, but who has not been classified by one of the agencies, may apply to the State Agency of Vocational Rehabilitation. The agency shall make an evaluation of the person using its own standards. The exemption includes the dwelling place when jointly owned in complete fee simple or life estate by husband and wife, and either has reached sixty-five years of age, or is totally and permanently disabled, or legally blind under this section, before January first of the tax year in which the exemption is claimed, and either has been a resident of the State for one year. The exemption must not be granted unless the person or his agent makes written application for the exemption before July sixteenth of the tax year in which the exemption is claimed. The application for the exemption must be made to the auditor of the county and to the governing body of the municipality in which the dwelling place is located upon forms provided by the county and municipality and approved by the Comptroller General, and a failure to apply constitutes a waiver of the exemption for that year. Beginning with tax year 1979 the auditor, as directed by the Comptroller General, notify the municipality of all exemption applications for a homestead exemption within the municipality and the information necessary to calculate the amount of the exemption. "Dwelling place" means the permanent home and legal residence of the applicant."
B. The provisions of the first paragraph of Section 12-37-250, as amended by subsection A of this section, are effective for tax years beginning after December 31, 1989./
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Rep. RUDNICK explained the amendment.
Rep. McLELLAN spoke against the amendment.
Rep. T. ROGERS spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. RUDNICK proposed the following Amendment No. 199 (Doc. No. 1059X), which was ruled out of order.
Amend the bill, as and if amended, in PART II, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-37-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO INCREASE THE EXEMPTION FROM THE FIRST TWENTY THOUSAND DOLLARS TO THE FIRST TWENTY THOUSAND SIX HUNDRED DOLLARS BEGINNING WITH THE 1990 TAX YEAR.
A. The first paragraph of Section 12-37-250 of the 1976 Code is amended to read:
"The first twenty thousand six hundred dollars of the fair market value of the dwelling place of a person is exempt from county, municipal, school, and special assessment real estate property taxes when the person has been a resident of this State for at least one year and has reached the age of sixty-five years on or before December thirty-first, the person has been classified as totally and permanently disabled by a state or federal agency having the function of classifying persons, or the person is legally blind as defined in Section 43-25-20, preceding the tax year in which the exemption is claimed and holds complete fee simple title or a life estate to the dwelling place. A person claiming to be totally and permanently disabled, but who has not been classified by one of the agencies, may apply to the State Agency of Vocational Rehabilitation. The agency shall make an evaluation of the person using its own standards. The exemption includes the dwelling place when jointly owned in complete fee simple or life estate by husband and wife, and either has reached sixty-five years of age, or is totally and permanently disabled, or legally blind under this section, before January first of the tax year in which the exemption is claimed, and either has been a resident of the State for one year. The exemption must not be granted unless the person or his agent makes written application for the exemption before July sixteenth of the tax year in which the exemption is claimed. The application for the exemption must be made to the auditor of the county and to the governing body of the municipality in which the dwelling place is located upon forms provided by the county and municipality and approved by the Comptroller General, and a failure to apply constitutes a waiver of the exemption for that year. Beginning with tax year 1979 the auditor, as directed by the Comptroller General, notify the municipality of all exemption applications for a homestead exemption within the municipality and the information necessary to calculate the amount of the exemption. "Dwelling place" means the permanent home and legal residence of the applicant."
B. The provisions of the first paragraph of Section 12-37-250, as amended by subsection A of this section, are effective for tax years beginning after December 31, 1990./
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Rep. McLELLAN raised the Point of Order that Amendment No. 199 was out of order as it was not germane to the Bill.
The SPEAKER, citing Rule 5.3, stated that it would not come into the budget until the year 1991-92 and he sustained the Point of Order and ruled the Amendment out of order.
Rep. T. ROGERS proposed the following Amendment No. 132 (Doc. No. 1010X).
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section, appropriately numbered, to read:
TO AMEND SECTION 12-35-516, AS AMENDED, OF THE 1976 CODE, RELATING TO THE MAXIMUM SALES, USE, AND CASUAL EXCISE TAX ON THE SALE OR LEASE OF AIRCRAFT, MOTOR VEHICLES, MOTORCYCLES, BOATS, TRAILERS, SEMITRAILERS, RECREATIONAL VEHICLES, AND SELF-PROPELLED CONSTRUCTION EQUIPMENT, SO AS TO DELETE THE LIMIT, IMPOSE A TAX RATE OF THREE PERCENT ON THE FIRST TEN THOUSAND DOLLARS AND FOUR PERCENT ON AMOUNTS IN EXCESS OF TEN THOUSAND DOLLARS, EXEMPT THE ENUMERATED ITEMS FROM THE LOCAL OPTION SALES AND USE TAX, PROVIDE FOR THE CREDITING OF THE REVENUE, AND TO PROVIDE THAT THE TAX ON LEASES EXECUTED BEFORE JULY 1, 1990, IS AS PROVIDED IN THE FORMER PROVISIONS OF THE SECTION.
A. Section 12-35-516 of the 1976 Code, as last amended by Act 170 of 1987, is further amended to read:
"Section 12-35-516. (A) In the case of a sale or lease of each:
(1) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;
(2) motor vehicle;
(3) motorcycle;
(4) boat;
(5) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;
(6) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or
(7) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower;
the tax due pursuant to this chapter must be calculated as provided in subsections (B) and (C) of this section.
(B) In the case of a sale, the tax due under this chapter is calculated as follows:
(1) subtract the trade-in allowance, if any, from the sales price;
(2) If the result from (1) is ten thousand dollars or less, multiply by three percent. This is the amount of tax due.
(3) If the result from (1) is more than ten thousand dollars, the tax due is three hundred dollars plus four percent of the amount in excess of ten thousand dollars.
(C) In the case of a lease, if the total of the lease payments is ten thousand dollars or less, the tax due is three percent of each lease payment. If the total of the lease payments is greater than ten thousand dollars, the tax due is three percent of the first ten thousand dollars and four percent of each payment thereafter. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax rates provided by this section, a lease must state specifically the term of, and remain in force for, a period in excess of ninety continuous days.
(D) Sales, Use, and Casual excise tax revenues on the items enumerated in Subsection (A) of this section must be credited as follows:
(1) eighty percent to the general fund of the State; and
(2) twenty percent to the Education Improvement Act of 1984 Fund.
(E) Sales or leases of the items enumerated in Subsection (A) of this section are exempt from the tax imposed pursuant to Chapter 10 of Title 4."
B. The tax due on leases executed before July 1, 1990, of items subject to the maximum tax limitation of Section 12-35-516 of the 1976 Code is determined pursuant to the provisions of Section 12-35-516 in effect on the date of execution of the lease.
C. This section takes effect July 1, 1990./
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Rep. T. ROGERS explained the amendment.
Rep. KOON raised the Point of Order that Amendment No. 132 was out of order as it was not germane to the Bill in that it did not affect expenditures in Part I of the Bill.
Rep. T. ROGERS argued contra the Point.
The SPEAKER, citing Rule 5.3, stated that the Amendment amended the method of collection of the sales tax on a line-item and the rule did not require him to change the figure or add any money and it wouldn't open it up to any tax increase and he overruled the Point of Order.
Rep. T. ROGERS moved to adjourn debate upon the amendment, which was adopted.
Rep. BAKER moved that the House recede until 2:30 P.M., which was adopted.
Further proceedings were interrupted by the House receding, the pending question being consideration of amendments to Part II.
At 2:30 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Debate was resumed on the following Bill, the pending question being the consideration of amendments to Part II.
Rep. SIMPSON proposed the following Amendment No. 152 (Doc. No. 0977o), which was rejected.
Amend the bill, as and if amended, by adding a new section to Part II to be appropriately numbered which shall read:
TO AMEND SECTION 12-35-516, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM TAX ON THE SALE OF CERTAIN PROPERTY, SO AS TO REVISE THIS TAX.
(A) Section 12-35-516 of the 1976 Code is amended to read:
"Section 12-35-516. Notwithstanding any other provision of law, in case of the sale or lease of any (1) aircraft, (2) motor vehicle, (3) motorcycle, (4) boat, (5) trailer or semitrailer pulled by a truck tractor as each is defined in Section 56-3-20 but not including house trailers or campers as defined in Section 56-3-710 (6) recreational vehicle including, but not limited to, tent campers, travel trailers, park models, park trailers, motor homes, and fifth wheels or (7) self propelled light construction equipment with compatible attachments limited to a maximum of 160 net engine horsepower, the sales tax levied by this chapter on these sales is four percent of the sales price with respect to each (1) aircraft, (2) motor vehicle, (3) motorcycle, (4) boat, (5) trailer or semitrailer pulled by a truck tractor as each is defined in Section 56-3-20 but not including house trailers or campers as defined in Section 56-3-710 or (6) recreational vehicle including, but not limited to, tent campers, travel trailers, park models, park trailers, motor homes, and fifth wheels or (7) self propelled light construction equipment with compatible attachments limited to a maximum of 160 net engine horsepower. In the case of a lease, the total tax rate required by law shall apply on each payment. Nothing in this section prohibits a lessee from paying the total tax due at the time of execution of the lease or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must be for a period in excess of ninety days.
The limitation provided in this section extends to the sale of an unassembled aircraft which is to be assembled by the purchaser, but the limitation does not extend to sales of items to be added to the unassembled aircraft."
(B) The provisions of Section 12-35-516 of the 1976 Code, as amended by this section, apply to sales or leases occurring or executed on or after the effective date of this section.
(C) Eighty percent of the revenue derived from the sales taxes imposed by Section 12-35-516, as amended by this section, must be used as provided by the first paragraph of Section 12-35-1550. Twenty percent of the revenue derived from the sales taxes imposed by this section must be deposited in the South Carolina Education Improvement Act Fund.
(D) The provisions of this section take effect July 1, 1990./
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Rep. SIMPSON explained the amendment.
The amendment was then rejected.
Rep. TOWNSEND proposed the following Amendment No. 168 (Doc. No. 1095X), which was tabled.
Amend the bill, as and if amended, in PART II, by adding an appropriately numbered section to read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-735 SO AS TO ESTABLISH A SYSTEM FOR THE ALLOCATION OF FUNDS FOR HIGHWAY MAINTENANCE.
A. The General Assembly finds that it is necessary to insure that monies of the Department of Highways and Public Transportation which the department allocates for highway maintenance expenditures, to the extent possible, are apportioned on an equitable basis among all counties of the State, and maintained for use in the particular county to which the funds were allocated originally.
B. The 1976 Code is amended by adding:
"Section 57-3-735. The department shall determine through its data collecting system the average annual cost to maintain a mile of interstate, primary, secondary, and earth type roads and maintain data on the cost of operation of welcome centers, rest areas, movable and fixed bridges, and ferries.
The department shall publish on a monthly basis the number of miles of each type of road in the system for each county and the total for the State. The budget for highway maintenance for each county must be derived by multiplying the total number of miles of each type road in the county by the average cost to maintain that type of road. The cost of rest areas, welcome center operation, special bridge and ferry maintenance costs must be added to determine county budget totals.
Maintenance funds must be allocated to each county in accordance with the budget formulated. Once funds are earmarked for a county in compliance with this formula, the funds must be retained for use in that county. The monies may not be used by the department in another county. All funds allocated to a county which are not expended during the budgeted period shall remain in that county and any subsequent expenditure of those funds must be by majority of the legislative delegation members of that county with advice from the resident highway engineer. Unexpended funds remaining in a county may not reduce the allocation for that district for the next budgeted period."/
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Rep. TOWNSEND explained the amendment.
Rep. McTEER spoke against the amendment.
Rep. TOWNSEND spoke in favor of the amendment.
Rep. ALTMAN moved to table the amendment, which was agreed to by a division vote of 44 to 23.
Rep. RUDNICK proposed the following Amendment No. 174 (Doc. No. 1107X), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section, appropriately numbered, to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-215 SO AS TO REQUIRE RESIDENTIAL REAL ESTATE QUALIFYING FOR THE FOUR PERCENT ASSESSMENT RATIO TO BE APPRAISED AS RESIDENTIAL REAL ESTATE IN ANY REASSESSMENT PROGRAM.
A. Article 3, Chapter 43, Title 12 of the 1976 Code is amended by adding:
"Section 12-43-215. In any program of reassessment, residential real property receiving the four percent assessment ratio pursuant to Section 12-43-220(c) and which remains eligible for that assessment ratio for the year of reassessment must be appraised as residential real property."
B. Section 12-43-215 of the 1976 Code is effective with respect to reassessment programs occurring after 1988./
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Rep. RUDNICK explained the amendment.
Rep. G. BAILEY moved to table the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 174 was out of order as it was not germane to the Bill.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Reps. McLEOD, BAKER, VAUGHN and J. BAILEY proposed the following Amendment No. 200 (Doc. No. 1128X), which was rejected.
Amend the bill, as and if amended, in PART II, by adding an appropriately numbered section to read:
TO IMPOSE A TAX OF FIVE PERCENT ON THE AMOUNT OF A SETTLEMENT TO A LAW SUIT IN ANY ACTION BROUGHT IN THE COURT OF COMMON PLEAS AND PROVIDE THAT THIS TAX MUST BE IMPOSED ON AMOUNTS DUE THE PARTIES AND ANY CONTINGENT FEE DUE AN ATTORNEY.
Notwithstanding any other provision of law, in addition to all other taxes there is imposed a tax of five percent on the amount of any settlement agreed to by the parties to a law suit in any action brought in the court of common pleas. The tax imposed by this section applies to amounts due the parties and any contingent fee due an attorney./
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Rep. McLEOD explained the amendment.
Rep. HARWELL moved to table the amendment, which was not agreed to.
Rep. SHEHEEN spoke against the amendment.
The amendment was then rejected.
Reps. McLEOD, J. BROWN, and BLANDING proposed the following Amendment No. 203 (Doc. No. 1140X), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section, appropriately numbered, to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 12-35-1155, SO AS TO EXTEND THE SALES TAX AT THE RATE OF THREE PERCENT TO THE GROSS PROCEEDS OF THE SALE OF CAPITAL STOCK AND NONGOVERNMENTAL BONDS AND TO PROVIDE EXCLUSIONS.
A. Article 9, Chapter 35, Title 12 of the 1976 Code is amended by adding:
"Section 12-35-1155. The tax imposed by this chapter, including the requirements of Article 3 of this chapter, applies at the rate of three percent to the gross proceeds of the sale of capital stock and the gross proceeds of the sale of nongovernmental bonds. Sales of original issue capital stock and original issue nongovernmental bonds to underwriters are not considered sales for purposes of this section."
B. This section takes effect July 1, 1990./
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Rep. McLEOD explained the amendment.
Rep. McLELLAN raised the Point of Order that Amendment No. 203 was out of order as intangibles cannot be taxed.
Rep. McLEOD argued contra the Point.
The SPEAKER, citing Article 10, Section 3 of the Constitution, stated that the exemptions from ad valorem taxation under Article J included intangible personal property. He further stated that this did not forbid taxation, but it required a two-thirds vote of both Houses to impose the tax and if it were allowed by two-thirds vote, then the question would be whether or not it would be transferred to the General Appropriations Bill or to the individual amendment. He stated that intangibles cannot be taxed under this Section of the Constitution and they are exempt from ad valorem taxation.
Rep. WINSTEAD then inquired about the two-thirds vote of both Houses and whether or not that would require a referendum.
The SPEAKER stated that it would not since the Constitution provided for exemptions and taxation. He further stated, citing the definition of ad valorem from Black's Law Dictionary, that taxes or duties are either ad valorem or specific and ad valorem was when the duty was laid in the form of a percentage on the value of the property, and specific was where it was imposed as a fixed sum on each article of a class without regard to its value. He then stated that a sales tax was an ad advalorem tax and under Article 10, Section 3 of the Constitution, intangibles were exempt. He further stated that Article 3 did not say that the exemptions could be repealed, but that additional exemptions could be provided by two-thirds vote. He then sustained the Point of Order and ruled the amendment out of order.
Rep. KOHN proposed the following Amendment No. 206 (Doc. No. 1118X), which was tabled.
Amend the bill, as and if amended, by adding a new section to Part II to be appropriately numbered which shall read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2723 SO AS TO IMPOSE A TAX OF FIVE PERCENT ON THE GROSS PROCEEDS OF EVERY COIN-OPERATED MACHINE OR DEVICE WITH A FREE PLAY FEATURE, TO REQUIRE EACH OF THESE MACHINES OR DEVICES TO BE AFFIXED WITH A COUNTER ON JULY 1, 1990, TO PROVIDE FOR THE MANNER IN WHICH THESE TAXES MUST BE PAID, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
(1) The 1976 Code is amended by adding:
"Section 12-21-2723. (A) In addition to the other taxes and license fees required by this chapter, a tax of five percent on the gross proceeds of every coin-operated machine or device with a free play feature is imposed upon the owner of the machine. This tax must be paid monthly in the same manner and under the same terms and conditions that sales taxes are paid.
(B) Every machine or device to which this section applies, on and after July 1, 1990, must be affixed with a counter to confirm the number of games played on the machines. The number of games played monthly on the machine must be reported to the Tax Commission, on all monthly reports to the commission filed for the month of July, 1990, and thereafter, when the tax imposed by this section is paid. The commission shall promulgate regulations to implement the provisions of this section and to provide for the monthly reporting requirements required by this section.
(C) The owner of any machine to which the provisions of this section apply who fails to install a counter on the machine as required by subsection (B) or who wilfully misstates the number of games played on the machine as indicated by the counter is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed five hundred dollars or imprisonment not to exceed sixty days, or both. Each violation of this section constitutes a separate offense."
(D) The revenues derived from the taxes imposed by this section must be deposited in the state general fund.
(2) This act takes effect July 1, 1990./
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Rep. KOHN explained the amendment.
Rep. HARWELL moved to table the amendment, which was not agreed to.
Rep. KOHN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, G. Bailey, J. Baker Barfield Blanding Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burriss, M.D. Carnell Clyborne Cole Corbett Cork Corning Davenport Elliott Faber Fair Fant Farr Felder Foster Gordon Hallman Harrison Harvin Harwell Hayes Hodges Holt Johnson, J.W. Kay Keegan Keyserling Kinon Kirsh Limehouse Littlejohn Martin, L. McAbee McBride McCain McEachin McGinnis McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rogers, J. Smith Snow Tucker Vaughn Waldrop White Winstead Wofford Wright
Those who voted in the negative are:
Alexander, M.O. Altman Barber Baxley Bennett Boan Burch Chamblee Cooper Gentry Glover Harris, J. Harris, P. Hendricks Jaskwhich Johnson, J.C. Keesley Klapman Kohn Koon Manly Mappus Martin, D. Mattos McElveen McKay Rhoad Rudnick Sheheen Short Simpson Sturkie Townsend Waites Washington Whipper Wilder Wilkes Williams, D.
So, the amendment was tabled.
Rep. KOHN proposed the following Amendment No. 207 (Doc. No. 1004o), which was ruled out of order.
Amend the bill, as and if amended, by adding a new section to Part II to be appropriately numbered which shall read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2723, SO AS TO REQUIRE EVERY COIN-OPERATED MACHINE OR DEVICE WITH A FREE PLAY FEATURE TO BE AFFIXED WITH A COUNTER ON JULY 1, 1990, TO REQUIRE OWNERS OF THESE MACHINES TO MAINTAIN CERTAIN WRITTEN RECORDS BASED ON THE COUNTER, AND TO PROVIDE PENALTIES FOR VIOLATION.
The 1976 Code is amended by adding:
"Section 12-21-2723. (A) Every coin-operated machine or device with a free play feature, on and after July 1, 1990, must be affixed with a counter to confirm the number of games played on the machine monthly. The number of games played monthly on the machine must be maintained in written record form by the owner of the machine for a period of four years. These records must be available for inspection by authorized agents of the Tax Commission during normal business hours to insure that the appropriate income taxes attributable to these machines have been paid by the owner and after payment have been deposited in the state general fund. The commission shall promulgate regulations to implement the provisions of this section.
(B) The owner of any machine to which the provisions of this section apply who fails to install a counter on the machine as required by subsection (A), who fails to keep the written records required by this section, or who wilfully misstates the number of games played on the machine as indicated by the counter or the gross proceeds of the machine as indicated by the counter on his records or when filing appropriate state tax returns is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed five thousand dollars or imprisonment not to exceed one year, or both. Each violation of this section constitutes a separate offense."/
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Rep. KOHN explained the amendment.
Rep. HOLT raised the Point of Order that Amendment No. 207 was out of order as it was not germane to the Bill as it did not raise revenue.
Rep. KOHN argued contra the Point.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. GENTRY proposed the following Amendment No. 208 (Doc. No. 1006o), which was tabled.
Amend the bill, as and if amended, in Part II, by adding an appropriately numbered section to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 8-11-87 SO AS TO REDUCE THE AMOUNTS SUBJECT TO THE COPAYMENT FOR THE STATE EMPLOYEE HEALTH PLAN.
A. The 1976 Code is amended by adding:
"Section 8-11-87. The amount subject to the fifteen percent copayment for the State Employee Health Plan is reduced from one thousand five hundred to seven hundred fifty dollars for an individual and from three thousand to one thousand five hundred dollars for a family."
B. This section takes effect January 1, 1991./
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Rep. GENTRY explained the amendment.
Rep. McLELLAN spoke against the amendment.
Rep. GENTRY spoke in favor of the amendment.
Rep. McLELLAN moved to table the amendment.
Rep. GENTRY demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 51 to 17.
Rep. J. ROGERS moved that when the House adjourns it adjourn to meet at 10:00 A.M. tomorrow, which was agreed to by a division vote of 67 to 21.
Reps. McEACHIN, HODGES and McELVEEN proposed the following Amendment No. 120 (Doc. No. 1056X), which was tabled.
Amend the bill, as and if amended, by adding a new section to PART II to be appropriately numbered to read:
TO AMEND SECTIONS 12-35-510, 12-35-610, 12-35-810, 12-35-1120, AND 12-35-1550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX, SO AS TO REDUCE THE RATE OF THE TAX AND PROVIDE FOR THE MANNER IN WHICH THE FUNDS GENERATED BY THE SALES TAX MUST BE EXPENDED; AND TO REPEAL SECTIONS 12-35-515, 12-35-516, 12-35-517, 12-35-518, 12-35-519, 12-35-550, AND 12-35-1230 RELATING TO THE SALES TAX AND SALES TAX EXEMPTIONS.
A. Section 12-35-510 of the 1976 Code is amended to read:
"Section 12-35-510. In addition to all other licenses, taxes and charges imposed, there is levied for the support of public schools of the State, upon every person engaged or continuing within this State in the business of selling at retail any tangible personal property whatsoever, including merchandise and commodities of every kind and character (not including, however, bonds or other evidences of debt or stocks), an amount equal to 3.25 percent of the gross proceeds of sales of the business."
B. Section 12-35-610 of the 1976 Code is amended to read:
"Section 12-35-610. Every person or company engaged or continuing within this State in a business, for which a license or privilege tax is required by this article, may add to the sales price an appropriate amount as determined by the commission."
C. Section 12-35-810 of the 1976 Code is amended to read:
"Section 12-35-810. An excise tax is imposed on the storage, use or other consumption in this State of tangible personal property purchased at retail for storage, use or other consumption in this State, at the rate of 3.25 percent of the sales price of such property, regardless of whether the retailer is or is not engaged in business in this State.
Notwithstanding any other provision of law, a use tax at the rate of 3.25 percent of the value hereinafter prescribed is hereby levied upon the storage or use in this State of any motor vehicles, machines, machinery, tools, or other equipment, or other tangible personal property, brought, imported, or caused to be brought into this State for use in constructing, building, or repairing any building, highway, street, sidewalk, bridge, culvert, sewer or water system, drainage or dredging system, railway system, reservoir or dam, power plant, pipeline, transmission line, tower, dock, wharf, excavation, grading or other improvement or structure, or any part thereof. The owner, or if the property is leased, the lessee of any such motor vehicles, machines, machinery, tools or other equipment, or other tangible personal property, shall be liable to the tax provided herein, to be computed as prescribed below. The useful life of such motor vehicles, machines, machinery, tools, or other equipment, or other tangible personal property shall be determined by the Commission in accordance with the experience and practices of the building and construction trade. The use tax provided for herein shall be computed on the basis of such proportion of the original purchase price of such property as the duration of time of use in this State bears to the total useful life thereof. The tax herein provided shall become due immediately upon such property being brought into this State, and in the absence of satisfactory evidence as to the period of use intended in this State, it shall be presumed that the property will remain in this State for the remainder of its useful life. But the use in this State of any motor vehicles, machines, or machinery previously purchased at retail for use in another state and actually placed into substantial use in another state before being brought, imported or caused to be brought into this State by the owner thereof for use in constructing or repairing its own buildings, structures or other property, shall not be subject to the tax provided in this section. Provided, however, that should any other state levy a sale or use tax against the property of a person or company of this State engaged in the construction business without an allowance for the period of use of such property in such other state or without an allowance for the reasonable depreciation in value of the property so used in such other state, then the Commission, in its discretion, shall be authorized to levy the tax prescribed in this section against the property of a person or company of such other state engaged in the construction business when such property is brought into this State for use, storage or consumption. The tax shall be measured by the original purchase price of such property without regard to any proration for period of use, storage or consumption of such property in this State or for any depreciation in value of such property when brought into this State. Provided, however, that a sales or use tax legally due and paid to another state on such motor vehicles, machines, machinery, tools or other equipment brought, imported, or caused to be brought into this State for use in constructing, building, or repairing any building, highway, street, sidewalk, bridge, culvert, sewer or water system, drainage or dredging system, railway system, reservoir or dam, power plant, pipeline, transmission line, tower, dock, wharf, excavation, grading or other improvement or structure, or any part thereof shall be allowed as a credit in an amount not to exceed the tax due this State, but only if such other state grants substantially similar tax credits on tangible personal property purchased in South Carolina. If the amount of tax paid in another state is not equal to or greater than the amount of tax imposed by this article, the purchaser shall pay to the Tax Commission an amount sufficient to make the tax paid in the other state and this State equal to the amount imposed by this article.
All provisions of this chapter not directly in conflict with the provisions of this section shall be applicable with respect to the matters herein set forth. The use, storage, or consumption of such property when purchased for use in this State shall be subject to the full amount of use tax provided in this section regardless of the period of intended use in this State.
D. Section 12-35-1120 of the 1976 Code is amended to read:
"Section 12-35-1120. Notwithstanding any other provision of law, the license and the sales or use tax imposed by this chapter shall apply with respect to the gross proceeds derived from the rental or charges for any rooms, lodgings or accommodations furnished to transients by any hotel, inn, tourist court, tourist camp, motel, residence or any place in which rooms, lodgings or accommodations are furnished to transients for a consideration, except where such facilities consist of less than six sleeping rooms contained in a single building which is used as the place of abode of the owner or operator of such facilities. The gross proceeds derived from the lease or rental of accommodations supplied to the same person for a period of ninety continuous days shall not be considered proceeds from transients. The tax provided for in this section shall be at the rate of 3.25 percent."
E. Section 12-35-1550 of the 1976 Code is amended to read:
"Section 12-35-1550. The revenue derived from the tax levied by Sections 12-35-510, 12-35-810, and 12-35-1120, and Article 11 of this chapter must be remitted to the State Treasurer. Twenty percent of the revenue derived must be used to fund the provisions of the South Carolina Education Improvement Act of 1984. These funds must be deposited in a separate and distinct fund from the state general fund. All unappropriated revenue in this fund and the earnings of investments from this fund shall remain part of the separate fund and shall not be deposited in the general fund except as provided for in this section. Money from this fund may be only spent for elementary and secondary school purposes. Any change in the management or use of this fund for other than elementary or secondary education is permitted only by two-thirds vote as provided in this section.
The remaining eighty percent of funds collected pursuant to Sections 12-35-510, 12-35-810, 12-35-1120, and Article 11 of this chapter shall be remitted to the State Treasurer to be credited to the State Public School Building Fund for the purposes provided for in Article 3 of Chapter 21 of Title 59 and any sum over and above that so required must be placed to the credit of the genral fund and must be used for school purposes only.
Upon implementation of the provisions of this section by law, such law may not be amended or repealed except by special vote provided in this section.
A special vote means an affirmative two-thirds vote of the total membership of the Senate and an affirmative two-thirds vote of the total membership of the House of Representatives.
All monies appropriated from the Education Improvement Act of 1984 Fund which are disbursed by the State Department of Education must be appropriated in one division of the section in the annual general appropriations act making appropriations for the State Department of Education."
F. Sections 12-35-515, 12-35-516, 12-35-517, 12-35-518, 12-35-519, 12-35-550, and 12-35-1230 of the 1976 Code are repealed.
G. As a result of this section, funds deposited to the general fund and the Education Improvement Act as provided for in Section 12-35-1550 must be the amount as appears in the Estimate of General, School, Highway, and Education Improvement Act Revenue, fiscal year 1990-91, in the 1990-91 General Appropriations Bill.
H. The provisions of this section take effect July 1, 1990./
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Rep. HODGES explained the amendment.
The SPEAKER granted Reps. KEEGAN and CORBETT a leave of absence for the remainder of the day.
Reps. McEACHIN and McELVEEN spoke in favor of the amendment.
Rep. HODGES spoke in favor of the amendment.
Rep. HOLT raised the Point of Order that Amendment No. 120 was out of order as it was taxing over 50 percent of the people in South Carolina and therefore, should be in a separate Bill.
The SPEAKER stated that the amendment was reducing the general tax from 5 percent to 3.25 percent and was not generating any new revenue.
Rep. SIMPSON then inquired about the 1 percent sales tax that goes to the Education Improvement Act and was this amendment allowing a percentage to go to it.
The SPEAKER stated that the amendment was repealing the statute that imposed the 1 percent tax and he overruled the Point of Order.
Rep. McELVEEN spoke in favor of the amendment.
Reps. McLEOD, G. BROWN and McLELLAN spoke against the amendment.
Rep. McLELLAN moved to table the amendment, which was agreed to.
Rep. L. MARTIN moved that the House do now adjourn.
Rep. McLELLAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Martin, L. McEachin Simpson
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barfield Baxley Beasley Bennett Blanding Boan Brown, G. Brown, R. Bruce Burriss, M.D. Carnell Chamblee Clyborne Cole Cooper Cork Davenport Elliott Fant Farr Felder Foster Gordon Hallman Harris, J. Harrison Harwell Haskins Hayes Hodges Holt Jaskwhich Johnson, J.C. Kay Keesley Keyserling Kinon Kirsh Kohn Koon Littlejohn Manly Mappus Martin, D. McAbee McElveen McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Quinn Rama Rhoad Rogers, T. Rudnick Sharpe Sheheen Short Smith Snow Taylor Townsend Tucker Vaughn Waites Waldrop Wells White Wilder Wilkes Wilkins Winstead Wright
So, the House refused to adjourn.
Rep. GENTRY proposed the following Amendment No. 131 (Doc. No. 1039X), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section appropriately numbered to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 59-21-160 SO AS TO REQUIRE THE GENERAL ASSEMBLY ANNUALLY TO PROVIDE FUNDING FOR NOT LESS THAN EIGHTY PERCENT OF THE COST OF PUBLIC SCHOOL EMPLOYEE FRINGE BENEFITS.
Article 1, Chapter 21, Title 59 of the 1976 Code is amended by adding:
"Section 59-21-160. The General Assembly annually shall provide funding to defray not less than eighty percent of the cost of public school employee fringe benefits."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. GENTRY explained the amendment.
Rep. McGINNIS moved to table the amendment, which was agreed to.
Reps. LIMEHOUSE, WOFFORD and H. BROWN proposed the following Amendment No. 135 (Doc. No. 1071X), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a SECTION, APPROPRIATELY NUMBERED, AS FOLLOWS:
TO AMEND SECTION 12-37-220, AS AMENDED, OF THE 1976 CODE, RELATING TO AD VALOREM PROPERTY TAX EXEMPTIONS, SO AS TO INCLUDE THE RESIDENCE OF A HEMIPLEGIC PERSON AND DEFINE THE TERM.
Section 12-37-220(B)(2) of the 1976 Code is amended to read:
"(2) The dwelling house in which he resides and a lot not to exceed one acre of land owned in fee or for life, or jointly with his or her spouse, by a paraplegic or hemiplegic person is exempt from all property taxation as long as the person furnishes satisfactory proof of his disability to the State Tax Commission. The exemption is allowed to the surviving spouse of the person so long as the spouse does not remarry, resides in the dwelling, and obtains by devise the fee or a life estate in the dwelling. The dwelling house is defined as the person's legal residence. For purposes of this item, a hemiplegic person is a person who has paralysis of one lateral half of the body resulting from injury to the motor centers of the brain."/
Amend totals and title to conform.
Rep. LIMEHOUSE explained the amendment.
Rep. McLELLAN raised the Point of Order that Amendment No. 135 was out of order as it was not germane to the Bill.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. HARVIN proposed the following Amendment No. 1 (Doc. No. 0765X), which was tabled.
Amend the bill, as and if amended, PART II (PERMANENT PROVISIONS), by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 58-12-90 OF THE 1976 CODE, RELATING TO CABLE TELEVISION, ANNUAL FEES, USE OF REVENUES, AND THE AVAILABILITY OF A CHANNEL TO THE EDUCATIONAL TELEVISION COMMISSION, SO AS TO ELIMINATE THE REQUIREMENT THAT AN ANNUAL FEE BE PAID BY CABLE TELEVISION COMPANIES, AND TO DELETE THE PROVISIONS PROVIDING FOR THE USE OF THE REVENUE DERIVED FROM THE ANNUAL FEE; AND TO REPEAL SECTION 58-12-130, RELATING TO THE FEE FOR RIGHT-OF-WAY USAGE, AVAILABILITY OF A CHANNEL TO THE EDUCATIONAL TELEVISION COMMISSION, ISSUANCE OF CONTINUING PERMITS, AND ENFORCEMENT.
A. Section 58-12-90 of the 1976 Code is amended to read:
"Section 58-12-90. All cable television companies operating in the State shall make available one six megahertz channel for the transmissions of the South Carolina Educational Television Commission."
B. Section 58-12-130 of the 1976 Code is repealed./
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Rep. McLELLAN moved to table the amendment, which was agreed to.
Rep. KOHN proposed the following Amendment No. 90 (Doc. No. 0943o), which was tabled.
Amend the bill, as and if amended, by adding a new section to Part II to be appropriately numbered which shall read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2723 SO AS TO IMPOSE A TAX OF FIVE PERCENT ON THE GROSS PROCEEDS OF EVERY COIN-OPERATED MACHINE OR DEVICE WITH A FREE PLAY FEATURE, TO PROVIDE FOR A TEN PERCENT LICENSE FEE SURCHARGE ON THESE MACHINES, TO REQUIRE EACH OF THESE MACHINES OR DEVICES TO BE AFFIXED WITH A COUNTER ON JULY 1, 1990, TO PROVIDE FOR THE MANNER IN WHICH THESE TAXES AND LICENSE FEE SURCHARGES MUST BE PAID, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND TO PROVIDE FOR THE MANNER IN WHICH THE FUNDS GENERATED BY THESE TAXES AND LICENSE FEE SURCHARGES MUST BE EXPENDED.
(1) The 1976 Code is amended by adding:
"Section 12-21-2723. (A) In addition to the other taxes and license fees required by this chapter, a tax of five percent on the gross proceeds of every coin-operated machine or device with a free play feature is imposed upon the owner of the machine. This tax must be paid monthly in the same manner and under the same terms and conditions that sales taxes are paid.
(B) A license fee surcharge equal to ten percent of the license fee pertaining to those machines to which subsection (A) applies is also imposed. This license fee surcharge must be paid at the time the license fee on that machine is paid.
(C) Every machine or device to which this section applies, on and after July 1, 1990, must be affixed with a counter to confirm the number of games played on the machines. The number of games played monthly on the machine must be reported to the Tax Commission, on all monthly reports to the commission filed for the month of July, 1990, and thereafter, when the tax imposed by subsection (A) is paid. The commission shall promulgate regulations to implement the provisions of this section and to provide for the monthly and other reporting requirements required by this section.
(D) The owner of any machine to which the provisions of this section apply who fails to install a counter on the machine as required by subsection (C) or who wilfully misstates the number of games played on the machine as indicated by the counter is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed five hundred dollars or imprisonment not to exceed sixty days, or both. Each violation of this section constitutes a separate offense."
(2) Revenues derived from the taxes and license fee surcharges imposed pursuant to Section 12-21-2723 of the 1976 Code must be deposited by the State Treasurer in an account separate and distinct from the state general fund. Any earnings on fund investments must also be retained in the fund. One-half of the monies in the fund must be distributed annually for public school construction and renovation purposes in the same manner and under the same terms and conditions as South Carolina Education Improvement Act Building Fund monies are distributed. The remaining one-half of the monies in the fund must be used to pay those claims for refunds resulting from the Davis v. Michigan decision which the State of South Carolina is ultimately found to be liable for paying. The monies for this purpose must be distributed to the South Carolina Tax Commission which shall pay these refunds solely from this source of revenue with the refunds being paid on a first in first out (FIFO) basis once the commission finds these claims timely filed and properly payable. After all these claims for refund have been paid or settled, the entire balance of the fund must be used thereafter for public school building and renovation as above provided in this section.
(3) The provisions of this section take effect July 1, 1990./
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Rep. KOHN explained the amendment.
Rep. McLELLAN moved to table the amendment, which was agreed to.
Rep. RUDNICK proposed the following Amendment No. 136 (Doc. No. 1074X), which was ruled out of order.
Amend the bill, as and if amended, by adding a new section to Part II appropriately numbered to read:
TO REQUIRE EVERY PUBLIC SCHOOL IN THIS STATE TO PROVIDE A STUDY HALL FOR STUDENTS BETWEEN THE HOURS OF 3:00 P.M. AND 5:30 P.M. EACH FULL SCHOOL DAY BEGINNING WITH THE 1990-91 SCHOOL YEAR, TO PROVIDE FOR THE STAFFING OF THESE STUDY HALLS, TO PROVIDE THAT THE PARENTS OR LEGAL GUARDIANS OF STUDENTS ATTENDING THESE STUDY HALLS ON A VOLUNTARY BASIS MAY BE REQUIRED TO PAY AN HOURLY COST UNDER CERTAIN CONDITIONS, AND TO PROVIDE EXCEPTIONS.
Every public school in this State shall provide a study hall for students between the hours of 3:00 p.m. and 5:30 p.m. each full school day beginning with the 1990-91 school year. Students may attend the study hall on a voluntary basis and may be required to attend the study hall by the faculty or administration if part of a punishment or for other discipline or remedial training reasons. Teachers may be assigned to staff the study halls or may volunteer to staff the study halls and for this service must be additionally compensated by their school district at an hourly rate of not less than ten dollars an hour. Parents or legal guardians of students attending the study hall on a voluntary basis may be required by a district to pay an hourly cost for the study hall at a rate determined by the district.
The provisions of this section shall not apply to those schools holding classes on an irregular or double session basis as a result of unforeseen circumstances. The State Board of Education shall promulgate those regulations necessary to implement the provisions of this section./
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Rep. RUDNICK explained the amendment.
Rep. BOAN raised the Point of Order that Amendment No. 136 was out of order as it was not germane to the Bill.
The SPEAKER sustained the Point of Order.
Reps. T. ROGERS and P. HARRIS proposed the following Amendment No. 187 (Doc. No. 1093X), which was tabled.
Amend the bill, as and if amended, in PART II, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-37-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO INCREASE THE EXEMPTION FROM THE FIRST TWENTY THOUSAND DOLLARS TO THE FIRST TWENTY THOUSAND ONE DOLLARS BEGINNING WITH THE 1990 TAX YEAR AND INCREASE THE EXEMPTION TO TWENTY-FIVE THOUSAND DOLLARS BEGINNING WITH TAX YEAR 1991.
A. The first paragraph of Section 12-37-250 of the 1976 Code is amended to read:
"The first twenty-five thousand dollars of the fair market value of the dwelling place of a person is exempt from county, municipal, school, and special assessment real estate property taxes when the person has been a resident of this State for at least one year and has reached the age of sixty-five years on or before December thirty-first, the person has been classified as totally and permanently disabled by a state or federal agency having the function of classifying persons, or the person is legally blind as defined in Section 43-25-20, preceding the tax year in which the exemption is claimed and holds complete fee simple title or a life estate to the dwelling place. A person claiming to be totally and permanently disabled, but who has not been classified by one of the agencies, may apply to the State Agency of Vocational Rehabilitation. The agency shall make an evaluation of the person using its own standards. The exemption includes the dwelling place when jointly owned in complete fee simple or life estate by husband and wife, and either has reached sixty-five years of age, or is totally and permanently disabled, or legally blind under this section, before January first of the tax year in which the exemption is claimed, and either has been a resident of the State for one year. The exemption must not be granted unless the person or his agent makes written application for the exemption before July sixteenth of the tax year in which the exemption is claimed. The application for the exemption must be made to the auditor of the county and to the governing body of the municipality in which the dwelling place is located upon forms provided by the county and municipality and approved by the Comptroller General, and a failure to apply constitutes a waiver of the exemption for that year. Beginning with tax year 1979 the auditor, as directed by the Comptroller General, notify the municipality of all exemption applications for a homestead exemption within the municipality and the information necessary to calculate the amount of the exemption. "Dwelling place" means the permanent home and legal residence of the applicant."
B. The provisions of the first paragraph of Section 12-37-250, as amended by subsection A of this section, are effective for tax years beginning after December 31, 1990. However, for the tax year beginning January 1, 1990 and ending December 31, 1990, the homestead exemption is twenty thousand and one dollar./
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Rep. T. ROGERS moved to adjourn debate upon the amendment.
Rep. BOAN moved to table the amendment, which was agreed to.
Rep. KOON proposed the following Amendment No. 210 (Doc. No. 1012o), which was ruled out of order.
Amend the bill, as and if amended, by adding a new section to Part II to be appropriately numbered which shall read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-12-35 SO AS TO IMPOSE A CERTAIN MONTHLY TAX ON THE SERVICE THAT A CABLE TELEVISION COMPANY PROVIDES TO EACH CUSTOMER.
(1) The 1976 Code is amended by adding:
"Section 58-12-35. In addition to all other fees and taxes which may be due as provided by law, there is imposed a tax of fifty cents per month on the service a cable television company provides to each customer. This additional tax is to be determined on a per customer basis and not on each outlet or connection a customer has. This tax must be paid monthly to the Tax Commission in the same manner and under the same terms and conditions as are sales taxes."
(2) This section takes effect July 1, 1990./
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Rep. KOON explained the amendment.
Rep. WALDROP raised the Point of Order that Amendment No. 210 was out of order as it was not germane to the Bill.
The SPEAKER sustained the Point of Order.
Reps. FAIR and KOON proposed the following Amendment No. 211 (Doc. No. 1013o), which was ruled out of order.
Amend the bill, as and if amended, by adding a new section to Part II to be appropriately numbered which shall read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-12-36 SO AS TO IMPOSE A CERTAIN MONTHLY TAX ON THE SERVICE A CABLE TELEVISION COMPANY PROVIDES TO EACH CUSTOMER IF THIS SERVICE INCLUDES ACCESS TO A CHANNEL WHICH DISPLAYS NUDITY, PORNOGRAPHY, OR OBSCENE MATERIAL ON A REGULAR DAILY BASIS.
(1) The 1976 Code is amended by adding:
"Section 58-12-36. In addition to all other fees and taxes which may be due as provided by law, there is imposed a tax of two dollars and fifty cents per month on the service a cable television company provides to each customer if the service includes access to a channel which the Tax Commission determines to display nudity, pornography, or obscene material on a regular daily basis. This additional tax is to be determined on a per customer basis and not on each outlet or connection a customer has. This tax must be paid monthly to the Tax Commission in the same manner and under the same terms and conditions as are sales taxes."
(2) This section takes effect July 1, 1990./
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Rep. KOON explained the amendment.
Rep. McLELLAN raised the Point of Order that Amendment No. 211 was out of order as it was not germane to the Bill.
The SPEAKER sustained the Point of Order.
Rep. McLEOD proposed the following Amendment No. 213 (Doc. No. 1156X), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section, appropriately numbered, to read:
TO IMPOSE A TAX EQUAL TO THREE PERCENT ON THE GROSS RECEIPTS OF STOCKBROKERS.
A. In addition to all other fees and taxes imposed by law, there is imposed a tax equal to three percent on the gross receipts attributable to the sale of capital stock and bonds by persons in the business of selling capital stock and bonds. The tax is due and payable on the fifteenth day of the month next succeeding the month in which the tax accrues. The South Carolina Tax Commission shall prescribe the necessary forms and promulgate regulations as necessary to implement the provisions of this section.
B. This section takes effect July 1, 1990./
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Rep. McLEOD explained the amendment.
Rep. McLELLAN moved to table the amendment.
Rep. McLEOD demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 64 to 7.
Rep. KOHN proposed the following Amendment No. 214 (Doc. No. 1017o), which was tabled.
Amend the bill, as and if amended, by adding a new section to Part II to be appropriately numbered which shall read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2723, SO AS TO REQUIRE EVERY COIN-OPERATED MACHINE OR DEVICE WITH A FREE PLAY FEATURE TO BE AFFIXED WITH A COUNTER ON JULY 1, 1990, TO REQUIRE OWNERS OF THESE MACHINES TO MAINTAIN CERTAIN WRITTEN RECORDS BASED ON THE COUNTER, TO PROVIDE PENALTIES FOR VIOLATION, TO INCREASE THE ANNUAL LICENSE FEE ON A PARTICULAR MACHINE UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR THE MANNER IN WHICH CERTAIN OF THE FUNDS GENERATED BY THE PROVISIONS OF THIS SECTION MUST BE EXPENDED.
The 1976 Code is amended by adding:
"Section 12-21-2723. (A) Every coin-operated machine or device with a free play feature, on and after July 1, 1990, must be affixed with a counter to confirm the number of games played on the machine monthly. The number of games played monthly on the machine must be maintained in written record form by the owner of the machine for a period of four years. These records must be available for inspection by authorized agents of the Tax Commission during normal business hours to insure that the appropriate income taxes attributable to these machines have been paid by the owner and after payment have been deposited in the state general fund. Of the additional general fund revenue generated by the provisions of this section, the sum of fifty thousand dollars each year must be expended in the manner the General Assembly shall provide in the annual General Appropriations Act beginning with the fiscal year 1990-91 for school building purposes as provided in the first paragraph of Section 12-35-1550. The commission shall promulgate regulations to implement the provisions of this section.
(B) The owner of any machine to which the provisions of this section apply who fails to install a counter on the machine as required by subsection (A), who fails to keep the written records required by this section, or who wilfully misstates the number of games played on the machine as indicated by the counter or the gross proceeds of the machine as indicated by the counter on his records or when filing appropriate state tax returns is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed five thousand dollars or imprisonment not to exceed one year, or both. Each violation of this section constitutes a separate offense.
(C) If in any year a total of one hundred thousand games have been played on a particular machine as indicated by the counter of that machine, the owner shall report this fact to the Commission at the time the license for that machine is applied for in the next year, and in this event the license fee on that machine for that year is increased by ten percent."/
Renumber sections to conform.
Amend title to conform.
Rep. KOHN explained the amendment.
Rep. McLELLAN moved to table the amendment, which was agreed to.
Debate was resumed on Amendment No. 86, which was proposed on Tuesday, March 13, by Rep. RUDNICK.
Rep. McLELLAN moved to table the amendment, which was agreed to.
Debate was resumed on Amendment No. 132, which was proposed on Thursday, March 15, by Rep. T. ROGERS.
Rep. T. ROGERS explained the amendment.
Rep. McLELLAN moved to table the amendment, which was agreed to.
Rep. McLELLAN moved that the House do now adjourn.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Barber Baxley Bennett Blanding Boan Brown, G. Brown, R. Burriss, M.D. Carnell Chamblee Cooper Corning Davenport Elliott Farr Ferguson Foster Gentry Hallman Harris, J. Hendricks Hodges Holt Huff Johnson, J.W. Kay Keesley Keyserling Kinon Kirsh Klapman Kohn Koon Littlejohn Manly Martin, D. Mattos McAbee McCain McEachin McKay McLellan McTeer Neilson Nesbitt Nettles Rhoad Rudnick Sheheen Short Simpson Stoddard Townsend Tucker Waites Washington Whipper White Wilder Wilkins Winstead
Those who voted in the negative are:
Bailey, G. Baker Barfield Beasley Brown, H. Bruce Clyborne Cole Cork Faber Fant Felder Glover Gordon Harrison Harvin Harwell Haskins Hayes Jaskwhich Johnson, J.C. Limehouse Mappus McBride McElveen McGinnis McLeod Quinn Rama Rogers, J. Rogers, T. Smith Snow Taylor Vaughn Waldrop Wells Wilkes Wofford Wright
So, the motion to adjourn was agreed to.
Rep. McLELLAN moved to reconsider the vote whereby Part I, Sections 4, 4.1, 4.2, 4.4, 4.5, 4.6, 4.7, 4.8, 4.9, 4.10, 4.13, 5B, 27, 27.1, 27.2, 27.3, 27.4, Amendment # 153 (adding 66.11), 67, 67.1, 67.2, 72, Amendment #103 (adding 72.1), 82.1, 82.2, 82.3, 82.4, 82.5, 82.6, 82.8, 82.9, Amendment # 169 (adding 82.10), 83, 83.1, 83.2, 83.3, 124, 124.1, 124.2, 124.3, 124.4, 124.5, 124.6, 124.7, 124.8, 124.9, 124.10, 124.11, 124.12, 124.13, 124.14, 124.15, 124.16, 124.17, 124.18, 124.19, 124.20, 124.21, Amendment # 22 (adding 124.24), Amendment # 12 (adding 124.25), Amendment #150 (adding 124.26), 129.1, 129.2, 129.3, 129.4, 129.5, 129.6, 129.7, 129.8, 129.9, 129.10, 129.11, 129.12, 129.13, 129.14, 129.15, 129.16, 129.17, 129.18, 129.19, 129.20, 129.20A, 129.21, 129.22, 129.23, 129.24, 129.25, 129.26, 129.27, 129.28, 129.30, 129.31, 129.32, 129.33, 129.34, 129.35, 129.36, 129.37, 129.38, 129.39, 129.40, 129.41, 129.42, 129.45, 129.47, 129.48, 129.49, 129.50, 129.51, 130.1, Part II Section 15, Amendment # 105 (adding 18) were adopted and the motion was noted.
Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill.
The Senate returned to the House with concurrence the following:
H. 4837 -- Rep. McGinnis: A CONCURRENT RESOLUTION TO CONGRATULATE JAMES F. BYRNES HIGH SCHOOL REBELS BASKETBALL TEAM AND ITS COACH, HAROLD MCMANUS, ON WINNING THE CLASS AAA BOY'S CHAMPIONSHIP.
H. 4838 -- Reps. Keyserling, White and Cork: A CONCURRENT RESOLUTION COMMENDING BEAUFORT ACADEMY FOR WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION ACADEMIC QUIZ BOWL STATE TITLE.
H. 4839 -- Reps. Keyserling, White and Cork: A CONCURRENT RESOLUTION TO COMMEND THE BEAUFORT COUNTY SCHOOL DISTRICT FOR CONDUCTING FOR THE SEVENTH CONSECUTIVE YEAR THE ACADEMIC CHALLENGE COMPETITION AND TO CONGRATULATE THE MORE THAN FIVE HUNDRED STUDENTS FROM THE PUBLIC SCHOOLS WHO COMPETED IN THE CHALLENGE.
H. 4840 -- Rep. Bruce: A CONCURRENT RESOLUTION CONGRATULATING THE BOYS' BASKETBALL TEAM OF CHAPMAN HIGH SCHOOL OF INMAN IN SPARTANBURG COUNTY FOR ITS OUTSTANDING 1989-90 SEASON.
H. 4841 -- Reps. P. Harris, Tucker, Carnell, McAbee, Moss, Felder, Winstead and Derrick: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MRS. ALBERTA B. WILLIAMS OF COLUMBIA WHO DIED FRIDAY, MARCH 9, 1990.
H. 4842 -- Reps. Rudnick, Klapman, Baxley, McElveen, White, G. Brown, Davenport, Wilder, Limehouse, Rama, Blackwell, Cork, Sturkie, McBride, Waites, McLellan, Carnell, Bennett, J. Bailey, Washington, Koon, Huff, Kay, Townsend, Mappus, Whipper, D. Martin, Quinn, J. Harris, Barber, T.M. Burriss, Corning, Burch, Harrison, Smith, Sharpe, Keesley, Foster, McTeer, McEachin, Glover, Littlejohn, Mattos, J.C. Johnson, Wells, Kinon, Felder, Kirsh, Farr, Phillips, McGinnis, Ferguson, Waldrop, Hendricks, J.W. Johnson, Cole, Baker, M.O. Alexander, Keyserling, Manly, Nettles, Lanford, McLeod, Blanding, Snow, Altman, Gordon, Jaskwhich, Wofford, H. Brown, Bruce and Chamblee: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. LUCILE IRENE MCFADDEN MEADORS OF WEST COLUMBIA, LEXINGTON COUNTY, AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
H. 4843 -- Rep. Barber: A CONCURRENT RESOLUTION TO COMMEND CAPTAIN RICHARD RODGERS OF THE JAMES ISLAND FIRE DEPARTMENT FOR BRAVERY AND HEROISM WITHOUT REGARD TO HIS PERSONAL SAFETY ON THE EVENING OF SEPTEMBER 21, 1989, AS HURRICANE HUGO HIT SOUTH CAROLINA.
At 5:10 P.M. the House in accordance with the motion of Rep. McLELLAN adjourned to meet at 10:00 A.M. tomorrow.
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