Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Most merciful and gracious God, to Your understanding kindness we bring all the uncountable needs of our lives, You Who are our Strength and our Support, our Hope and our Salvation, grant that we may daily be blessed with a more vivid sense of Your nearness and a clearer vision of Your concern for us which is sufficient for all our needs. Make us ever aware of the truth that as we look up to You from whence comes our help that we are made sufficient to tackle hard tasks and heavy responsibilities. So may we go into the challenges of this day with eager and earnest minds, strongly fortified in faith.
We pray to our God Who is "the eternal Rock of Ages." Amen.
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 Thursday, the SPEAKER ordered it confirmed.
Rep. KINON moved that when the House adjourns, it adjourn in memory of Ann Cain Scott of Dillon, which was agreed to.
The following were received and referred to the Committee on Invitations and Memorial Resolutions.
January 21, 1993
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201
Dear Rep. Williams:
The Clemson University Division of Agriculture and Natural Resources cordially invites you to attend the annual "catfish and grits" dinner for members of the S.C. General Assembly. This event will be held on the evening of Tuesday, April 6, 1993, at the Woman's Club of Columbia located at 1703 Blossom Street. The social will begin at 6:00 P.M. with dinner following at 7:00 P.M.
Dress for the occasion is casual. Please join us for some good food and fellowship. We look forward to seeing you on the 6th.
Sincerely,
Milton B. Wise
August 28, 1992
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201
Dear Rep. Williams:
On behalf of the Home Builders Association of South Carolina, I am pleased to invite the members of the House to be our guests at our annual Bird Supper. This will be our twenty-second quail dinner for the legislature and other public officials.
Dianne Glasser, Administrative Assistant for the HBA of South Carolina, has blocked the 6:00 P.M. - 8:00 P.M. time period, Wednesday, April 7, 1993, Moore Building, State Fairgrounds, with the Senate Invitations staff so please record us as requesting the same for the House.
I understand that consideration is being given to going back to one event per evening. For our purposes, as we offer a reception and dinner, that would be great. If you do make that change, please have your Invitations Committee let Dianne know so we can consider adjusting our hours.
We appreciate this opportunity to meet with our elected officials and express our concerns.
Sincerely,
James M. McMichael
President
February 19, 1993
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201
Dear Rep. Williams:
The South Carolina Bankers Association Young Bankers Division will host its annual Oyster Roast for the General Assembly on Tuesday, April 13, 1993, from 6:00 - 8:00 P.M. at Sterling Garden Center, 320 Senate Street, Columbia, South Carolina. We would like to cordially invite the members of the House to attend this function.
I would appreciate your reserving this on the House Calendar and notifying me upon confirmation of this date. Should you need additional information please contact Anne Gillespie at the Association office.
Thank you for your assistance.
Sincerely,
Susan H. Armistead
President
Young Bankers Division
January 5, 1993
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201
Dear Rep. Williams:
The S.C. Association of Regional Councils (SCARC) takes this opportunity to invite all members of the S.C. House of Representatives to a Legislative Reception to be held at the Capitol City Club, 6:00 - 8:00 P.M. on Wednesday, April 14, 1993.
Should you have any questions or need any additional information regarding this reception, please contact me.
Best regards,
Robert M. Strother
Executive Director
October 20, 1992
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201
Dear Rep. Williams:
The Independent Banks of South Carolina wish to extend to the members of the South Carolina House of Representatives, their spouses, staff and attaches, an invitation to a reception on Tuesday, April 20, 1993, from 6:00 - 8:00 P.M. The reception will be held at the Capital City Club in the AT&T building.
Sincerely,
Marion Edwards
IBSC President
December 2, 1992
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201
Dear Rep. Williams:
On behalf of the Independent Consumer Finance Association of South Carolina, we would like to invite the members of the South Carolina House, all staff employees, the House Clerk, and her staff to a reception on April 21, 1993 between the hours of 6:00 P.M. and 8:00 P.M. at The Town House on Gervais Street in Columbia, South Carolina.
We would appreciate you, the members of the House, your staff, the House Clerk, and her staff accepting this invitation.
Sincerely,
G. Elton Todd
February 9, 1993
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201
Dear Rep. Williams:
The Governmental Affairs Committee of the Association of Citadel Men, on behalf of our Citadel alumni and friends of The Citadel, cordially extend an invitation to the members of the House of Representatives, their spouses and attaches to attend the 18th Annual Association of Citadel Men Legislative Barbecue. This event is held to honor the members of the General Assembly, Constitutional Officers, Justices of the Supreme Court, Judges of the Court of Appeals and Judges of the Circuit Court.
The barbecue is scheduled for Wednesday, April 28, 1993, beginning at 6:30 P.M. at the Moore Building on the State Fairgrounds. Dress will be casual. Everyone attending must be at least 21 years of age.
We would request that this invitation be extended to the members of the House of Representatives by placing an announcement in the House Calendar. A formal invitation will be sent to you and to the members of the House about ten days prior to the barbecue.
Very truly yours,
William F. Sachs, Sr.
President
February 19, 1993
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201
Dear Rep. Williams:
The South Carolina Victim Assistance Network annually co-sponsors a Legislative Breakfast so that its members can meet with their legislators. SCVAN is an organization of crime victims and victim assistance professionals and advocates. We would like to have placed on the House Calendar this year an invitation to the breakfast, which will be April 29, 1993, at The Town House Hotel from 8:30 to 9:30 A.M. The invitation applies to all Representatives and the staff of the House Judiciary Committee.
Thank you for your assistance. I can be reached at 737-8122 if you have any questions.
Sincerely,
Peter A. O'Boyle
Executive Director/SCVAN
The following was received and referred to the appropriate committee for consideration.
Document No. 1624
Promulgated By The Board of Medical Examiners
Requirements for Permanent License
Received By Speaker March 18, 1993
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date February 22, 1994
The following were received.
Document No. 1546
Promulgated By Board of Medical Examiners
Criteria for Physician Supervision of Nurses in the Extended Role
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date May 12, 1993
Withdrawn and Resubmitted March 22, 1993
Document No. 1602
Promulgated By Board of Chiropractic Examiners
Professional Practices
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date May 12, 1993
Withdrawn and Resubmitted March 18, 1993
The Senate returned to the House with amendments the following:
H. 3676 -- Rep. Sheheen: A BILL TO AMEND SECTION 56-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MUST NOT BE LICENSED, SO AS TO PROHIBIT RENEWAL OF DRIVER'S LICENSES, TO ADD TO THE LIST OF PROHIBITIONS PERSONS WHOSE LICENSES ARE SUSPENDED OR REVOKED AND PERSONS WHO ARE NOT RESIDENTS OF THE UNITED STATES.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following was introduced:
H. 3750 -- Reps. McKay, Keyserling, Rogers, M.O. Alexander, Mattos, Hodges, Anderson, Phillips, McMahand, McCraw, Askins, Canty, G. Brown, G. Bailey, J. Brown, Witherspoon, Hines, Harwell, Neal, Farr, Elliott, A. Young, Wilkins, Houck, Boan, Snow, Neilson, Cooper, Kennedy, Baxley, Kinon, Byrd, Riser and Barber: A HOUSE RESOLUTION TO SUPPORT T. S. RAGSDALE CO., INC., A PRIVATELY OWNED COMPANY AND ONE OF THE LARGEST TAXPAYERS IN FLORENCE COUNTY, AS THE COMMISSION BUYER ON THE SOUTH CAROLINA FLUE-CURED AND BURLEY TOBACCO MARKETS.
The Resolution was ordered referred to the Committee on Agriculture, Natural Resources and Environmental Affairs.
The following was introduced:
H. 3751 -- Reps. Harvin, G. Brown, Neal and McLeod: A CONCURRENT RESOLUTION RECOGNIZING THE ACHIEVEMENTS OF THE LATE HUBERT D. OSTEEN, SR., OF SUMTER COUNTY UPON HIS INDUCTION INTO THE SOUTH CAROLINA PRESS ASSOCIATION'S HALL OF FAME.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3752 -- Reps. Harvin and D. Smith: A CONCURRENT RESOLUTION CONGRATULATING ROGER MILLIKEN, CHAIRMAN OF THE BOARD AND CHIEF EXECUTIVE OFFICER OF MILLIKEN & COMPANY IN SPARTANBURG, ON HIS INDUCTION INTO THE SOUTH CAROLINA HALL OF FAME.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. McABEE, with unanimous consent, the following was taken up for immediate consideration:
H. 3753 -- Reps. McAbee, Martin and McKay: A HOUSE RESOLUTION DESIGNATING THE MONTH OF MAY, 1993, AS SOUTH CAROLINA TOURISM MONTH WITH SPECIAL OBSERVANCES DURING THE WEEK OF MAY 2-8, 1993, WHICH HAS BEEN DESIGNATED BY CONGRESS AS NATIONAL TOURISM WEEK, AND URGING THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM, IN PARTNERSHIP WITH THE STATE'S TOURISM INDUSTRY, TO CONTINUE ITS PROGRAM TO INCREASE TOURISM IN SOUTH CAROLINA, TO CONDUCT RESEARCH ON THE TOURISM INDUSTRY, AND TO REPORT THE PROGRESS OF TRAVEL AND TOURISM BUSINESS PERIODICALLY TO THE GENERAL ASSEMBLY.
Whereas, $6.4 billion was the total, direct and indirect, impact of domestic travel spending on South Carolina's economy in 1991, affecting 170,000 jobs; and
Whereas, the direct impact of United States traveler spending totaled $4.5 billion and 87,000 jobs in 1991; and
Whereas, revenue to the state's tax coffers from domestic traveler spending was $250 million in 1991; and
Whereas, state tax bills were reduced an average $200 per household in 1991 as a result of tourism expenditures by United States travelers; and
Whereas, spending by international travelers exceeds $150 million annually; and
Whereas, new travel, tourism, and recreation developments in 1992 exceeded $225 million; and
Whereas, South Carolinians' friendly and warm hospitality represents a key element in promoting the state's appeal to visitors, along with the state's beautiful outdoors and natural resources, its sunny climate, outstanding attractions, and fascinating history; and
Whereas, the state's tourism promotion campaign acknowledges the importance of friendly South Carolinians in its tourism slogan, "South Carolina: Smiling Faces, Beautiful Places"; and
Whereas, it is important to the members of the House of Representatives to have the opportunity to salute the State of South Carolina and its people for making the Palmetto State such a desirable place to visit; and
Whereas, it is also important to the members of the House of Representatives to salute and thank the multitude of visitors, travelers, campers, conventioneers, golfers, and others who visit our beautiful State. Now, therefore,
Be it resolved by the House of Representatives:
That the month of May, 1993, is designated as South Carolina Tourism Month with special observances during the week of May 2-8, 1993, which has been designated by Congress as National Tourism Week.
Be it further resolved that the South Carolina Department of Parks, Recreation and Tourism, in partnership with the state's tourism industry, is urged to continue its program to increase tourism in South Carolina, to conduct research on the tourism industry, and to report the progress of travel and tourism business periodically to the General Assembly.
Be it further resolved that a copy of this resolution be forwarded to the executive director of the South Carolina Department of Parks, Recreation and Tourism.
The Resolution was adopted.
The following was introduced:
H. 3754 -- Reps. Keegan, Kelley, Witherspoon, Worley, Snow and Martin: A HOUSE RESOLUTION RECOGNIZING CALVIN GILMORE PRODUCTIONS, LTD., OF MYRTLE BEACH FOR ITS CONTRIBUTIONS TO THE TOURISM INDUSTRY OF THE GRAND STRAND AND OF THE STATE, AND CONGRATULATING THIS OUTSTANDING COMPANY FOR WINNING THE PRESTIGIOUS GOVERNOR'S CUP AWARD AS THE MOST OUTSTANDING TOURISM ATTRACTION OF 1992.
The Resolution was adopted.
The Senate sent to the House the following:
S. 564 -- Senator O'Dell: A CONCURRENT RESOLUTION TO COMMEND W. C. HUNTER OF BELTON, SOUTH CAROLINA FOR HIS DEDICATION TO PERSONS WITH DISABILITIES AND IN CONCEIVING AND IMPLEMENTING THE "BUCK-A-CUP MEANS BRACE-A-CHILD" SLOGAN.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 565 -- Senators Moore, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK BEGINNING OCTOBER 17, 1993, AS "SOUTH CAROLINA CHILDREN'S WEEK" AND TO REQUEST THE GOVERNOR TO CALL UPON THE PEOPLE OF THIS STATE TO OBSERVE THE WEEK WITH APPROPRIATE CEREMONIES AND ACTIVITIES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 566 -- Senators Holland and Giese: A CONCURRENT RESOLUTION TO NAME THE DIVISION OF MOTOR VEHICLES OFFICE BUILDING OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO BE BUILT AT BALLENTINE IN RICHLAND COUNTY IN HONOR OF A. W. UTSEY, JR.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
On motion of Rep. SNOW, with unanimous consent, the following was taken up for immediate consideration:
H. 3755 -- Rep. Snow: A HOUSE RESOLUTION TO WELCOME THE AMERICAN DANCE ENSEMBLE TO SOUTH CAROLINA AND TO INVITE THE ENSEMBLE TO BE PRESENTED TO THE HOUSE OF REPRESENTATIVES ON APRIL 21, 1993.
Whereas, the American Dance Ensemble, a nationally recognized dance troupe engaged in the promoting of ethnic American dances, will perform a dance exhibit at North Myrtle Beach as part of the 1993 Spring Safari of the Society of Shaggers; and
Whereas, this outstanding ensemble has performed throughout the country giving original interpretations of dances peculiar to the region in which they are performing; and
Whereas, the ensemble will be in Columbia on Wednesday, April 21, 1993, as part of its trip to South Carolina; and
Whereas, the members of the House, by this resolution, would like to publicly recognize this outstanding group of dancers, welcome them to South Carolina, and invite them to be presented to the House on April 21, 1993, at a time to be determined by the Speaker. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House hereby welcome the American Dance Ensemble to South Carolina and invite the ensemble to be presented to the House of Representatives on April 21, 1993, at a time to be determined by the Speaker.
Be it further resolved that a copy of this resolution be forwarded to the American Dance Ensemble.
The Resolution was adopted.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3756 -- Rep. Stille: A BILL TO AMEND SECTION 7-7-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ABBEVILLE COUNTY, SO AS TO DELETE THE SPECIFIC LOCATIONS OF POLLING PLACES FOR EACH PRECINCT AND PROVIDE THAT THE POLLING PLACES MUST BE DETERMINED BY THE ABBEVILLE COUNTY ELECTION COMMISSION WITH THE APPROVAL OF THE ABBEVILLE COUNTY LEGISLATIVE DELEGATION.
On motion of Rep. STILLE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3757 -- Reps. Moody-Lawrence, G. Brown, Harwell, Cobb-Hunter, Scott, Holt, Barber, Snow, McLeod, Whipper, Beatty, Stuart, Breeland, Littlejohn, Harvin and Hines: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM TAXABLE INCOME, SO AS TO INCLUDE AS A DEDUCTION PAYMENTS FOR HEALTH INSURANCE PREMIUMS FOR PUBLIC SCHOOL TEACHERS WHO RETIRED BEFORE 1970.
Referred to Committee on Ways and Means.
H. 3758 -- Reps. Moody-Lawrence, Cobb-Hunter, Harwell, Hines, Inabinett, McMahand, Neal, Neilson, Scott, Stone, Simrill and Byrd: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-210 SO AS TO PROVIDE THAT THE MINIMUM SALARY SCHEDULE FOR PUBLIC SCHOOL TEACHERS OR ADMINISTRATORS APPLIES TO ACADEMIC FACULTY OF STATE INSTITUTIONS OF HIGHER LEARNING WHEN THE PROFESSIONAL OR EDUCATIONAL REQUIREMENTS ARE MET.
Referred to Committee on Ways and Means.
H. 3759 -- Reps. Houck, Robinson, Scott, Carnell, Corning, Byrd, M.O. Alexander, Neal, Wilkins, Beatty and Rudnick: A BILL TO AMEND SECTION 34-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL RATE OF INTEREST, SO AS TO ESTABLISH THE LEGAL INTEREST AT PRIME RATE PLUS ONE PERCENT; TO PROVIDE THAT THE RATE FOR MONEY DECREES AND JUDGMENTS IS PRIME RATE PLUS THREE PERCENT; AND TO PROVIDE HOW PRIME RATE IS TO BE CALCULATED.
Referred to Committee on Judiciary.
H. 3760 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-5 SO AS TO DEFINE TERMS RELATING TO FISH, GAME, AND WATERCRAFT AND BY ADDING SECTION 50-3-75 SO AS TO PROVIDE REQUIREMENTS FOR THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO CARRY OUT ITS RESPONSIBILITIES; TO AMEND SECTION 50-15-50, RELATING TO PROGRAMS ESTABLISHED BY THE WILDLIFE AND MARINE RESOURCES COMMISSION TO MANAGE NONGAME AND ENDANGERED WILDLIFE, SO AS TO DELETE THE AUTHORIZATION FOR THE COMMISSION TO ENTER INTO AGREEMENTS TO MANAGE NONGAME OR ENDANGERED WILDLIFE AND DELETE THE AUTHORIZATION FOR CERTAIN REGULATIONS; TO REPEAL SECTIONS 50-1-190, 50-3-80, 50-5-130, 50-11-520, 50-11-860, 50-11-875, 50-11-880, 50-11-883, 50-11-890, 50-11-900, 50-11-910, 50-11-920, 50-11-1050, 50-11-1070, 50-11-1080, 50-11-1090, 50-11-1120, 50-11-1130, 50-11-1150, 50-11-1160, 50-11-1170, 50-13-1950, 50-13-1960, 50-13-1970, 50-13-1980, 50-15-70, 50-21-40, 50-21-50, 50-21-610, AND 50-21-1010 AND CHAPTER 25 OF TITLE 50 RELATING TO BOATING AND WILDLIFE CONSERVATION, AND TO DIRECT THE CODE COMMISSIONER TO CHANGE CERTAIN REFERENCES RELATING TO THE FISH AND GAME LAWS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3761 -- Rep. Kirsh: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 38 SO AS TO AUTHORIZE THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS IN DENOMINATIONS OF LESS THAN ONE THOUSAND DOLLARS; TO AUTHORIZE THESE CAPITAL IMPROVEMENT BONDS TO BE SOLD AT A PRICE LESS THAN PAR; TO AUTHORIZE THAT IN THE COMPUTATION OF THE PRINCIPAL AMOUNT OF CAPITAL IMPROVEMENT BONDS OUTSTANDING, THE AMOUNT THE STATE RECEIVES FROM THE SALE OF THE CAPITAL IMPROVEMENT BONDS RATHER THAN THE PAR AMOUNT OF IT MUST BE USED FOR THIS COMPUTATION; TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO DETERMINE THE MATURITY OF THESE BONDS; TO AUTHORIZE THESE BONDS TO BE OFFERED AND SOLD AT OTHER THAN PUBLIC SALE; AND TO AUTHORIZE THE STATE TREASURER TO DETERMINE THE RATE OF INTEREST THE CAPITAL IMPROVEMENT BONDS WILL BEAR.
Referred to Committee on Ways and Means.
H. 3762 -- Rep. Hodges: A BILL TO AMEND SECTION 29-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIENS ON REAL ESTATE SO AS TO PROVIDE THAT ANY LIEN ON REAL PROPERTY HELD BY A GAS OR ELECTRICAL UTILITY SHALL CONTINUE UNTIL SATISFIED OR RELEASED INSTEAD OF LAPSING TWENTY YEARS AFTER THE MATURITY DATE OF THE LIEN; TO AMEND SECTION 29-3-50, RELATING TO MORTGAGES FOR FUTURE ADVANCES, SO AS TO FURTHER PROVIDE FOR ITS APPLICABILITY TO INDEBTEDNESS OF A GAS OR ELECTRICAL UTILITY; TO AMEND THE 1976 CODE BY ADDING SECTION 29-3-80 SO AS TO PROVIDE THAT A MORTGAGE COVERS AFTER-ACQUIRED PROPERTY OF A GAS OR ELECTRICAL UTILITY, AND BY ADDING SECTION 29-3-90 SO AS TO ALLOW GENERAL AS OPPOSED TO SPECIFIC DESCRIPTIONS OF REAL PROPERTY IN MORTGAGES GIVEN BY A GAS OR ELECTRICAL UTILITY COMPANY.
Referred to Committee on Judiciary.
S. 254 -- Senator Drummond: A BILL TO AMEND SECTION 40-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PHARMACY, SO AS TO PROVIDE THAT CONGRESSIONAL DISTRICT NOMINEES FOR APPOINTMENT TO THE BOARD BY THE GOVERNOR MUST BE ELECTED BY PHARMACISTS RESIDING IN THAT DISTRICT; TO AMEND SECTION 40-43-420, RELATING TO PHARMACY FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO PROVIDE THAT CERTAIN FEES ARE IN EFFECT UNTIL THEY ARE SET IN REGULATION; TO REPEAL SECTION 40-43-480, RELATING TO FUNDING IN THE 1986 APPROPRIATIONS ACT; AND TO REAUTHORIZE THE STATE BOARD OF PHARMACY FOR SIX YEARS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 416 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-712 SO AS TO EXEMPT FROM REPORTING ON THE ANNUAL STATEMENT OF ECONOMIC INTEREST REQUIRED TO BE FILED BY MEMBERS OF THE GENERAL ASSEMBLY ANY ENTRY ARISING FROM ATTENDANCE AT AN EVENT ON THE INVITATION OF A LOBBYIST'S PRINCIPAL WHEN THE INVITATIONS COMMITTEE OF EITHER HOUSE OF THE GENERAL ASSEMBLY ACCEPTED THE INVITATION OR SUCH AN INVITATION EXTENDED TO ALL MEMBERS OF A COUNTY LEGISLATIVE DELEGATION.
Referred to Committee on Judiciary.
S. 551 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF DENTISTRY, RELATING TO GUIDELINES FOR ANESTHESIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1498, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 552 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN, RELATING TO MINIMUM ELIGIBILITY REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1480, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 553 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO MEDICAID ELIMINATION OF MEDICALLY NEEDY PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1572, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 554 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO RESPIRATORY CARE PRACTITIONERS ANNUAL RENEWAL AND LATE FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1516, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 555 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO COMPUTERIZED ADAPTIVE TESTING; ISSUING PERMIT TO CANADIAN LICENSEES WHO HAVE PASSED THE COMMISSION ON GRADUATES OF FOREIGN NURSING SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1585, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 556 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO PROCEDURES FOR CONTESTED CASES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1477, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Judiciary.
S. 557 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO X-RAYS (TITLE B), DESIGNATED AS REGULATION DOCUMENT NUMBER 1467, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 558 -- Senators Passailaigue, Rose, McConnell, Mescher and Richter: A BILL TO AMEND SECTION 13-12-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE TRIDENT ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO PROHIBIT THE IMPLEMENTATION OF THE AUTHORITY UNLESS BERKELEY, CHARLESTON, AND DORCHESTER COUNTIES AGREE TO PARTICIPATE IN THE AUTHORITY; TO AMEND SECTION 13-12-15 OF THE 1976 CODE, RELATING TO THE APPROVAL PROCEDURE TO PARTICIPATE IN THE AUTHORITY, SO AS TO PROVIDE ANOTHER APPROVAL PROCEDURE; TO AMEND SECTION 13-12-220 OF THE 1976 CODE, RELATING TO THE IMPLEMENTATION OF THE PROVISIONS OF CHAPTER 12 OF TITLE 13, SO AS TO IMPLEMENT THE PROVISIONS OF THIS CHAPTER ONLY UPON THE APPROVAL OF EACH OF THE RESPECTIVE COUNTIES.
Referred to Committee on Labor, Commerce and Industry.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Askins Bailey, J. Baker Barber Baxley Beatty Boan Breeland Brown, G. Brown, H. Byrd Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corning Cromer Davenport Delleney Elliott Fair Farr Felder Fulmer Gamble Harrell Harrelson Harris, J. Harris, P. Harrison Hines Hodges Holt Houck Hutson Inabinett Keegan Kelley Kennedy Kinon Kirsh Klauber Koon Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Robinson Rogers Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stone Stuart Thomas Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Williams Witherspoon Wofford Worley Young, R.
I came in after the roll call and was present for the Session on Tuesday, March 23.
Ralph Anderson C. Lenoir Sturkie David A. Wright Jerry N. Govan, Jr. Terry E. Haskins Harry M. Hallman, Jr. Joe E. Brown Thomas E. Huff Eugene C. Stoddard Steve P. Lanford John W. Riser Stephen E. Gonzales David H. Wilkins Annette Young C. Alex Harvin, III Douglas Jennings, Jr. Richard M. Quinn, Jr. Lindsey O. Graham Ralph W. Canty E. B. McLeod, Jr. Joseph T. McElveen, Jr. Michael F. Jaskwhich
LEAVES OF ABSENCE
The SPEAKER granted Rep. G. BAILEY a leave of absence for the week due to illness.
The SPEAKER granted Rep. KEYSERLING a leave of absence for the day.
The SPEAKER granted Rep. HARWELL a temporary leave of absence.
The SPEAKER granted Rep. GRAHAM a temporary leave of absence.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 3734 -- Reps. Gonzales, R. Young, Hallman, Harrell, Fulmer, Hutson and J. Bailey: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE CHARLESTON SCHOOL DISTRICT AND THE MANNER IN WHICH THE ANNUAL TAX MILLAGE FOR THE DISTRICT IS DETERMINED, SO AS TO REVISE THIS PROCEDURE INCLUDING PROVISIONS AUTHORIZING A REFERENDUM FOR INCREASING THE MILLAGE CAP AND AUTHORIZING CHARLESTON COUNTY COUNCIL TO APPROVE A CHANGE IN THE ANNUAL MILLAGE CAP.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 3739 -- Reps. Harwell and Kinon: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1992, AND ENDING JUNE 30, 1993.
H. 3743 -- Reps. J. Bailey, Barber, Whipper, Breeland, Inabinett, Law, G. Bailey, D. Williams and Holt: A BILL TO AMEND SECTION 13-12-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE TRIDENT ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO PROHIBIT THE IMPLEMENTATION OF THE AUTHORITY UNLESS BERKELEY, CHARLESTON, AND DORCHESTER COUNTIES AGREE TO PARTICIPATE IN THE AUTHORITY; TO AMEND SECTION 13-12-15, RELATING TO THE APPROVAL PROCEDURE TO PARTICIPATE IN THE AUTHORITY, SO AS TO PROVIDE ANOTHER APPROVAL PROCEDURE; TO AMEND SECTION 13-12-220, RELATING TO THE IMPLEMENTATION OF THE PROVISIONS OF CHAPTER 12 OF TITLE 13, SO AS TO IMPLEMENT THE PROVISIONS OF THIS CHAPTER ONLY UPON THE APPROVAL OF EACH OF THE RESPECTIVE COUNTIES; AND TO REPEAL SECTION 3 OF ACT 518 OF 1992, RELATING TO THE REQUIREMENT THAT THE ELECTION COMMISSIONER OF BERKELEY, DORCHESTER, AND CHARLESTON COUNTIES PLACE ON THE BALLOT AT THE TIME OF THE NOVEMBER, 1992, GENERAL ELECTION THE QUESTION OF THE CREATION OF THE AUTHORITY AND ITS ISSUANCE OF GENERAL OBLIGATION BONDS.
H. 3745 -- Reps. T.C. Alexander, Mattos and Elliott: A BILL TO REPEAL SECTION 2-1-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORIENTATION PROGRAM FOR NEW LEGISLATORS.
H. 3748 -- Reps. Wilkins and Cato: A BILL TO AMEND SECTION 27-8-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION, DURATION, EFFECT, AND CONVEYANCE OF CONSERVATION EASEMENTS, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR A PUBLIC HEARING ON A PROPOSAL BY A GOVERNMENTAL BODY TO CONVEY AN EASEMENT.
The following Bill was taken up.
H. 3738 -- Reps. J. Bailey, Gonzales and Kirsh: A BILL TO AMEND SECTION 56-5-1300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC ACCIDENT REPORT FORMS, SO AS TO REVISE THE REQUIREMENTS FOR THE CONTENT OF THE REPORTS AND PROHIBIT THE USE OF CERTAIN INFORMATION IN DRIVING RECORDS.
Rep. RUDNICK made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, immediate cloture having been ordered on Part II.
Reps. TOWNSEND, THOMAS, ALLISON, WRIGHT, JASKWHICH, FARR, VAUGHN, CATO, BAKER, J. WILDER, BEATTY, LITTLEJOHN, WALKER and KOON proposed the following Amendment No. 428 (Doc Name L:\council\legis\amend\436\11154AC.93), which was rejected.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-36-910, AS AMENDED, OF THE 1976 CODE, RELATING TO THE IMPOSITION OF THE SALES TAX, SO AS TO IMPOSE A TEN PERCENT TAX ON GROSS PROCEEDS LESS PAYOUTS DERIVED FROM COIN-OPERATED VIDEO GAMES WITH A FREE PLAY FEATURE; TO AMEND SECTION 12-21-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM THE TAX GROSS PROCEEDS FROM VIDEO GAMES WITH A FREE PLAY FEATURE EXCEPT WHERE THE GOVERNING BODY OF THE COUNTY BY ORDINANCE MAKES SUCH PROCEEDS TAXABLE, TO REQUIRE REVENUE FROM THE TAX TO BE DISTRIBUTED TO THE COUNTY OR MUNICIPALITY BASED ON POINT OF SALE, TO THE COUNTY FOR DISTRIBUTION TO THE SCHOOL DISTRICTS IN THE COUNTY BY LOCATION, AND TO THE GENERAL FUND FOR HEALTH CARE PROGRAMS, AND TO PROVIDE THAT SUCH REVENUES ARE NOT SUBJECT TO "LOCAL EFFORT" REQUIREMENTS FOR PURPOSES OF THE EIA.
A. Section 12-36-910(B) of the 1976 Code, as last amended by Act 361 of 1992, is further amended by adding an appropriately numbered item to read:
"( ) gross proceeds accruing or proceeding from the operation of video games, but the applicable rate of The tax pursuant to this special imposition is ten percent.
For purposes of this special imposition of the sales tax, and notwithstanding any other definition of 'gross proceeds' in this chapter:
(i) 'Tangible personal property' includes the operation of video games;
(ii) 'Retailer' includes the owner or operator of an establishment in which are located video games;
(iii) 'Gross proceeds of sales' means the gross proceeds derived from the operation of video games less payouts made;
(iv) 'Video games' means video games with a free play feature licensed pursuant to Section 12-21-2720(A)(3)."
b. Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) gross proceeds accruing or proceeding from the operations of video games with a free play feature licensed pursuant to Section 12-21-2720(A)(3) unless the governing body of a county by ordinance provides that the exemption does not apply in the county. These proceeds are taxable effective on the July first succeeding the receipt by the Tax Commission of a certified copy of the ordinance. Revenue from the tax must be credited to a separate fund in the State Treasury and distributed:
(a) fifty percent to the county based on point of sale which shall distribute to its school district based on a per pupil method;
(b) twenty percent to the county or municipality based upon point of sale;
(c) thirty percent to the general fund of the State to be used for health care programs.
Revenue to a district from this fund is excluded from the definition of 'local effort' pursuant to Section 59-21-1030."
C. This section takes effect July 1, 1993./
Renumber sections & amend totals/title to conform.
Rep. TOWNSEND explained the amendment.
Rep. BOAN moved to table the amendment, which was not agreed to by a division vote of 45 to 50.
Rep. BOAN spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. FAIR demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey, J. Beatty Breeland Byrd Cobb-Hunter Harris, P. Keegan Kelley Kennedy Koon Littlejohn Martin Stille Sturkie Thomas Townsend Walker White Wilder, D. Williams Wright
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Anderson Askins Baker Barber Baxley Boan Brown, G. Brown, H. Carnell Cato Chamblee Clyborne Cooper Corning Cromer Davenport Delleney Elliott Fair Farr Felder Fulmer Gamble Hallman Harrell Harrelson Harris, J. Harrison Harvin Haskins Hines Hodges Holt Houck Huff Hutson Inabinett Jaskwhich Kinon Kirsh Klauber Law Marchbanks Mattos McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Robinson Rogers Rudnick Scott Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stone Stuart Trotter Tucker Vaughn Waites Waldrop Wells Whipper Wilder, J. Witherspoon Wofford Worley Young, R.
So, the amendment was rejected.
Rep. BOAN proposed the following Amendment No. 438 (Doc Name L:\council\legis\amend\JIC\5637HC.93), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a section appropriately numbered to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 8-11-170 SO AS TO PROHIBIT DUAL EMPLOYMENT BY A STATE AGENCY HEAD WITHOUT PRIOR APPROVAL BY THE AGENCY HEAD SALARY COMMISSION AND THE STATE BUDGET AND CONTROL BOARD.
A. Article 1, Chapter 11, Title 8 of the 1976 Code is amended by adding:
"Section 8-11-170. No agency head may be dually employed by another state agency or institution of higher education without prior approval by the Agency Head Salary Commission and the State Budget and Control Board."
B. This section takes effect July 1, 1993./
Renumber sections & amend totals/title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Reps. HOLT and GONZALES proposed the following Amendment No. 441 (Doc Name L:\council\legis\amend\DKA\4447AL.93), 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 56-3-250 OF THE 1976 CODE, RELATING TO CERTIFICATION OF PAYMENT OF TAXES BEFORE REGISTRATION OF MOTOR VEHICLES, SO AS TO REQUIRE CERTIFICATION OF THE PAYMENT OF TAXES FOR THE CURRENT YEAR AND THE PREVIOUS YEAR.
The first paragraph of Section 56-3-250 of the 1976 Code is amended to read:
"No A vehicle shall must not be registered and licensed by the South Carolina Department of Highways and Public Transportation unless a signed statement accompanies the application certifying that all county and municipal taxes legally due by the applicant on the vehicle concerned have been paid for the current year and the previous year and if such the vehicle is legally subject to being returned by the applicant for county and municipal taxes such the return has been made; that the applicant is not delinquent in the payment of any motor vehicle taxes in this State, and that the address and county shown on the application for license is the true legal residence of the applicant. A transfer between members of the same family shall not, for the purpose of this section, be is not considered a bona fide purchase. Any A person falsely certifying as required in this section shall have his driver's license suspended for a period of six months.
Renumber sections & amend totals/title to conform.
Rep. HOLT moved to table the amendment, which was agreed to.
Reps. HASKINS, D. WILDER, KOON, CORNING, INABINETT, McMAHAND, DAVENPORT, HARRELSON, SCOTT, J. BROWN, ALLISON, BREELAND, BEATTY, JASKWHICH, PHILLIPS STODDARD, MOODY-LAWRENCE, SHISSIAS, TUCKER, WRIGHT and BYRD proposed the following Amendment No. 446 (Doc Name L:\council\legis\amend\JIC\5615HC.93), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND THE 1976 CODE BY ADDING ARTICLE 10 IN CHAPTER 36 OF TITLE 12, RELATING TO SALES AND USE TAX, BY IMPOSING AN ADDITIONAL NINE-TENTHS OF ONE PERCENT SALES AND USE TAX FROM WHICH IS EXEMPT ITEMS SUBJECT TO A MAXIMUM SALES AND USE TAX, TO PROVIDE FOR THE DISPOSITION OF REVENUE FROM THE TAX, AND TO DIRECT THE TAX COMMISSION TO PRESCRIBE TABLES PROVIDING THE AMOUNT WHICH MAY BE ADDED TO THE SALES PRICE FOR THE TOTAL SALES AND USE TAX; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXEMPT FROM THE TAX FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD STAMPS, OXYGEN USED FOR MEDICAL PURPOSES, AND DURABLE MEDICAL PROSTHETIC DEVICES.
A. Chapter 36, Title 12 of the 1976 Code is amended by adding:
Section 12-36-1010. An additional tax equal to nine-tenths of one percent of gross proceeds is added to the taxes imposed pursuant to Articles 9, 13, and 17 of this chapter. For all purposes of this title, this additional tax is considered a tax levied pursuant to the South Carolina Sales and Use Tax Act. The commission shall prescribe tables establishing the cumulative amounts that may be added to the sales price reflecting the total tax imposed pursuant to this chapter. The tax imposed by this article does not apply to any item subject to a maximum tax pursuant to Section 12-36-2110.
Section 12-36-1020. The revenue of the tax imposed pursuant to this article must be credited as follows:
(1) eighty percent as provided in Section 59-21-1010(A); and
(2) twenty percent as provided in Section 59-21-1010(B)."
B. Section 12-36-2120 of the 1976 Code is amended by adding three appropriately numbered items to read:
"( ) food which lawfully may be purchased with United States Department of Agriculture food stamps.
( ) oxygen used for medical purposes;
( ) durable medical prosthetic devices."
C. This section takes effect July 1, 1993./
Renumber sections & amend totals/title to conform.
Rep. HASKINS explained the amendment.
Rep. RUDNICK raised the Point of Order that Amendment No. 446 was out of order as it was not germane in that it affected over 50 percent of the population.
Rep. HASKINS argued contra the Point in stating that it was revenue neutral and that it only shifted the burden of taxes. He further stated that it was speculative about the percentage of people affected.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Reps. GONZALES, KELLEY, KEEGAN, HALLMAN, HOLT, FULMER, HARRELL and McABEE proposed the following Amendment No. 463 (Doc Name L:\council\legis\amend\JIC\5660HC.93), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2423 SO AS TO DEDICATE ONE-FOURTH OF ADMISSIONS TAX REVENUES FROM THE FIRST FIFTEEN YEARS OF OPERATION OF A MAJOR TOURISM OR RECREATION FACILITY TO THE COUNTY OR MUNICIPALITY IN WHICH THE FACILITY IS LOCATED FOR ADDITIONAL INFRASTRUCTURE IMPROVEMENTS, TO DEDICATE AN ADDITIONAL ONE-FOURTH OF SUCH ADMISSIONS TAXES FOR FIFTEEN YEARS TO A SPECIAL TOURISM INFRASTRUCTURE DEVELOPMENT FUND WHICH MUST BE USED TO PROVIDE INFRASTRUCTURE DEVELOPMENT GRANTS TO LOCAL UNITS OF GOVERNMENT WITHIN FIVE MILES OF A MAJOR TOURISM OR RECREATION FACILITY, TO PROVIDE THAT THESE PAYMENTS MUST BE REMITTED QUARTERLY TO THE RESPECTIVE COUNTIES AND MUNICIPALITIES AS A SUPPLEMENT TO THEIR SHARE OF THE AID TO SUBDIVISIONS, LOCAL GOVERNMENT FUND DISTRIBUTION IN THE ANNUAL GENERAL APPROPRIATIONS ACT, TO DEFINE "MAJOR TOURISM OR RECREATION FACILITY" AND "ADDITIONAL INFRASTRUCTURE IMPROVEMENTS", AND TO AMEND SECTION 41-45-20, RELATING TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO GIVE THE COUNCIL AUTHORITY TO APPROVE LOCAL INFRASTRUCTURE GRANTS.
A. Article 17, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-2423. An amount equal to one-fourth of the license tax on admissions to a major tourism or recreation facility collected by the Department of Revenue beginning when the facility is open to the general public and ending fifteen years thereafter must be paid to the county or municipality in which the major tourism or recreation facility is located to be used directly or indirectly for additional infrastructure improvements. If the facility is located in an unincorporated area of a county, the payment must be made to the county governing body and, if located within the corporate limits of a municipality, the payment must be made to the municipal governing body. These payments must be remitted quarterly to the respective counties and municipalities as a supplement to their share of the Aid to Subdivisions, Local Government Fund distribution as contained in the annual general appropriations act. The county or municipal governing body may share funds received from these payments with another county, special purpose district, or municipal governing body to provide additional infrastructure facilities or services in support of the tourism or recreation facility that generates the admission tax revenues responsible for the payments. An additional amount equal to one-fourth of the license tax on admissions to a major tourism or recreation facility collected by the Department of Revenue beginning when the facility is open to the general public and ending fifteen years thereafter must be transferred to the State Treasurer to be deposited into a special tourism infrastructure development fund and distributed pursuant to the approval of the Department of Commerce as provided in this section. Deposits into the fund must be separated into special accounts based on which facility generated the transfer. Local units of governments within five miles of a major tourism or recreation facility may apply to the Department of Commerce for infrastructure development grants from the special account for which they are eligible. The amount of the funds received by each of the eligible local governments must be determined by the department based upon its review of a grant application submitted by each government. Preference must be given to applications for projects which directly or indirectly serve the generating facility or other development occurring as a result of the generating facility. Grants may run for more than one year and may be based upon a specified dollar amount or a percentage of the funds annually deposited into the special account. After approval of a grant application the department may approve the release of funds to eligible local governments. Funds must be used directly or indirectly for additional infrastructure improvements provided in this section. The department shall adopt guidelines to administer the fund including, but not limited to, tourism infrastructure development grant application criteria for review and approval of grant applications. Expenses incurred by the department in administering the fund may be paid from the fund.
For purposes of this section 'major tourism or recreation facility' means an establishment to which an aggregate investment in land and new capital assets or in refurbishing or expanding an existing facility of at least twenty million dollars is made within a five-year period and which is used for a theme park, an amusement park, an historical, educational, or trade museum, a botanical or zoological garden, an aquarium, a cultural center, a theater, a motion picture production studio, a convention center, an arena, a coliseum, an auditorium, or a spectator or participatory sports facility and similar establishments. Secondary support facilities such as food and retail services located within or immediately adjacent to and which directly support the primary 'tourism or recreation facility' are included as part of the aggregate investment of at least twenty million dollars for the primary tourism or recreation facility. For purposes of this section 'additional infrastructure improvement' means a publicly-owned road or pedestrian access way, a right-of-way, a bridge, a water and sewer facility, an electric or a gas facility, a landfill or waste treatment facility, a hospital or other medical facility, a fire station, a school, a transportation facility, or similar infrastructure facility and facilities ancillary thereto, including, but not limited to, a publicly-owned tourism or recreation facility which generated the admissions tax from which funds were paid to a county, municipality, or special purpose district. "
B. Section 41-45-20 of the 1976 Code is amended by adding an appropriately lettered item to read:
( ) Approval of infrastructure development grants for local units of government pursuant to Section 12-21-2423.
C. This section takes effect July 1, 1993, and applies to any major tourism or recreation facility as defined in Section 12-21-2423 of the 1976 Code as added by subsection (A) which opens to the general public on or after January 1, 1993./
Renumber sections & amend totals/title to conform.
Rep. GONZALES explained the amendment.
The amendment was then adopted.
Reps. HODGES, HUFF, R. SMITH, QUINN and CROMER proposed the following Amendment No. 468 (Doc Name L:\council\legis\amend\JIC\5636HC.93), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2705 SO AS TO PROVIDE A ONE TIME ONE DOLLAR ADDITIONAL LICENSE FEE ON COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE, TO REQUIRE THE FEE REVENUE TO BE REMITTED TO THE STATE ELECTION COMMISSION AND USED TO DESIGN UNIFORM BALLOT QUESTIONS FOR USE IN REFERENDUMS ON SUCH MACHINES AND TO OFFER TECHNICAL ASSISTANCE TO COUNTIES IN THE CONDUCT OF THESE REFERENDUMS, TO ALLOW A REFERENDUM TO BE HELD IN A COUNTY ON THE QUESTION OF PROHIBITING COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE BY ORDINANCE OF THE COUNTY GOVERNING BODY OR UPON PETITION OF THE QUALIFIED ELECTORS, TO PROHIBIT THE LICENSING OR OPERATION OF SUCH MACHINES IN THE COUNTY AFTER DECEMBER THIRTY-FIRST FOLLOWING A FAVORABLE VOTE IN THE REFERENDUM, TO ALLOW A REFERENDUM TO BE HELD IN THE SAME MANNER TO ALLOW SUCH MACHINES IN A COUNTY WHERE THEY HAVE FIRST BEEN PROHIBITED, AND TO REQUIRE ALL SUCH REFERENDUMS TO BE HELD AT THE TIME OF THE GENERAL ELECTION.
A. Article 19, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-2705 (A) A one time additional license fee of one dollar is imposed on all machines licensed pursuant to Section 12-21-2720(A)(3) for any period between July 1, 1993, and June 30, 1994. The revenue from this additional fee must be remitted to the State Election Commission and used to design uniform ballot questions which must be used in referendums held pursuant to and to provide technical and other assistance to counties conducting a referendum pursuant to this section.
(B) (1) Coin-operated nonpayout machines with a free play feature may not be licensed or operated in a county after December thirty-first following a referendum in the county in which a majority approved prohibiting such machines in the county. Licenses in effect on January first following the referendum are revoked.
(2) In a county where coin-operated nonpayout machines with a free play feature have been prohibited, such machines may be licensed and operated after December thirty-first following a referendum in the county in which a majority approved the licensing and operation of such machines.
(C) (1) The governing body of a county may by ordinance provide for a referendum to be held on the question of prohibiting the licensing and operation of coin-operated nonpayout machines with a free play feature in the county. If such machines are prohibited in a county, the governing body may by ordinance provide for a referendum to be held on the question of allowing such machines to be licensed and operated in the county.
(2) A referendum must be held in the county on the question of prohibiting the licensing and operation of coin-operated nonpayout machines with a free play feature upon a petition so requesting filed with the county election commission more than ninety days before the general election containing the signatures of at least ten percent, but not more than two thousand five hundred, of the qualified electors of the county at the time of the last general election. Similarly, where the licensing and operation of such machines are prohibited in a county, a referendum must be held upon a petition filed with the county election commission requesting such machines to be allowed in the county. The same filing deadlines and signature requirements apply for these petitions.
(D) Referendums held pursuant to this section must be conducted by the county election commission at the time of the general election using the ballot question design of the State Election Commission. The state election laws apply to the referendum, mutatis mutandis. The commission shall certify and publish the results of the referendum. The county election commission shall forward a certified copy of the referendum result to the Tax Commission for any referendum where the result changes the legal status of coin-operated nonpayout machines with a free play feature in the county."
B. This section takes effect July 1, 1993./
Renumber sections & amend totals/title to conform.
Rep. HODGES explained the amendment.
Rep. J. BAILEY moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Barber Breeland Brown, J. Byrd Carnell Cobb-Hunter Corning Davenport Fulmer Gamble Gonzales Hallman Harris, P. Harrison Harvin Holt Inabinett Jaskwhich Keegan Kelley Kennedy Law Littlejohn Martin McAbee Rhoad Richardson Rogers Rudnick Scott Shissias Snow Stille Stuart Tucker Whipper White Williams Witherspoon Worley Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Baker Baxley Boan Brown, G. Canty Cato Chamblee Clyborne Cooper Cromer Delleney Elliott Fair Farr Felder Govan Harrell Harrelson Harris, J. Haskins Hines Hodges Houck Huff Hutson Kinon Kirsh Klauber Koon Lanford Marchbanks Mattos McCraw McElveen McLeod McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Riser Robinson Sheheen Simrill Smith, D. Smith, R. Spearman Stoddard Stone Sturkie Thomas Townsend Trotter Vaughn Waites Waldrop Walker Wells Wilder, D. Wilder, J. Wofford Wright
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: 3610 General Subject Matter: Video poker machines
Amendment #: 468 and other similar amendments.
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. DAVID H. WILKINS
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.
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.
The SPEAKER granted Rep. PHILLIPS a leave of absence for the remainder of the day.
The SPEAKER granted Rep. STUART a temporary leave of absence.
Debate was resumed on the following Bill, the pending question being the consideration of amendments:
Reps. WILKINS, JENNINGS, CLYBORNE, McABEE, WELLS, J. BAILEY, DAVENPORT, BEATTY, FULMER, HALLMAN, RICHARDSON proposed the following Amendment No. 478 (Doc Name L:\council\legis\amend\JIC\5640HC.93), 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 12-27-1270, AS AMENDED, OF THE 1976 CODE, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT FUNDED BY THE SHIMS TAX, SO AS TO INCREASE THE FUND FROM FIFTEEN TO EIGHTEEN MILLION DOLLARS.
A. Section 12-27-1270 of the 1976 Code, as last amended by Act 501 of 1992, is further amended to read:
"Section 12-27-1270. The first fifteen eighteen million dollars generated from the tax levied in Sections 12-27-1210, 12-27-1220, 12-27-1230, and 12-27-1240 must be segregated in a separate account for economic development. This account may be expended only upon the authorization of the South Carolina Coordinating Council for Economic Development which shall establish project priorities. Funds devoted to the economic development account must remain in the account if not expended in the previous fiscal year. Annually, funds from the tax levied in Section 12-27-1210 must be deposited to replenish the account to the extent and in an amount necessary to maintain an uncommitted and/or an unobligated fund balance of fifteen eighteen million dollars but not to exceed fifteen eighteen million dollars for the ensuing fiscal year. The council may spend no more than two hundred fifty thousand dollars, in the first year only, for a long-term economic development plan which must be submitted to the General Assembly on completion of the plan.
The council may spend not more than sixty thousand dollars annually for a state infrastructure model."
B. This section takes effect July 1, 1993./
Renumber sections, amend totals/title to conform.
Rep. WILKINS explained the amendment.
Rep. KENNEDY moved to table the amendment.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, J. Farr Kelley Kennedy Kirsh Law Neal Rudnick Scott Sheheen White Witherspoon
Those who voted in the negative are:
Alexander, M.O. Allison Anderson Askins Bailey, J. Baker Barber Baxley Boan Breeland Clyborne Delleney Felder Gamble Hallman Harrell Harris, J. Harris, P. Harrison Haskins Hines Hodges Holt Huff Jaskwhich Jennings Keegan Klauber Littlejohn Marchbanks Mattos McCraw McLeod Meacham Moody-Lawrence Neilson Richardson Riser Robinson Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stone Stuart Townsend Trotter Tucker Waites Walker Wells Whipper Wilder, D. Wilder, J. Wilkins Wofford Worley Wright Young, A. Young, R.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. HUTSON proposed the following Amendment No. 482 (Doc Name L:\council\legis\amend\EGM\18164AL.93), which was tabled.
Amend the bill, as and if amended, Part II. by adding an appropriately numbered section to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-213, SO AS TO IMPOSE AN ADDITIONAL SURCHARGE OF FIVE PERCENT, NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ON THE FINE IMPOSED FOR SPECIFIED CRIMINAL OFFENSES TO BE USED FOR CERTAIN DEFENSE OF INDIGENTS; TO AMEND SECTION 16-3-26, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFENSE OF INDIGENTS IN CAPITAL CASES SO AS TO ESTABLISH MAXIMUM HOURLY RATES AND MAXIMUM PAYMENTS FOR APPOINTED ATTORNEYS, EXPERT WITNESSES AND INVESTIGATIVE ASSISTANCE AND TO REQUIRE A HEARING ON FEES, COSTS AND OTHER EXPENSES AND TO REQUIRE THE SUPREME COURT TO PROMULGATE GUIDELINES CONCERNING QUALIFICATIONS NECESSARY TO BE A DEATH PENALTY QUALIFIED ATTORNEY; TO AMEND SECTION 17-3-30, RELATING TO PERSONS UNABLE TO EMPLOY COUNSEL, SO AS TO IMPOSE AN APPLICATION FEE FOR PUBLIC DEFENDER SERVICES TO BE USED EXCLUSIVELY FOR CERTAIN DEFENSE OF INDIGENTS; TO AMEND SECTION 17-3-50, RELATING TO THE DEFENSE OF INDIGENTS TO ESTABLISH MAXIMUM HOURLY RATES AND MAXIMUM PAYMENTS FOR APPOINTED ATTORNEYS, EXPERT WITNESSES AND INVESTIGATIVE ASSISTANCE; TO AMEND SECTION 17-15-10, RELATING TO BAIL AND RECOGNIZANCES SO AS TO IMPOSE A BAIL PROCESSING FEE TO BE USED EXCLUSIVELY FOR CERTAIN DEFENSE OF INDIGENTS; AND TO REPEAL SECTION 17-23-70 RELATING TO THE APPOINTMENT OF COUNSEL IN CAPITAL CASES.
A. THE 1976 CODE IS AMENDED BY ADDING:
"Section 14-1-213. In addition to all other fees, fines, and court costs, there is imposed a surcharge of five percent of the amount of the fine up to a maximum of two hundred fifty dollars on every person who is convicted of, pleads guilty to, or pleads nolo contendere to an offense in (1) general sessions court, or (2) magistrate's courts or municipal courts of this State, except for a nonmoving traffic offense. This fee must not be waived, reduced, or suspended. The clerk of court, magistrate or municipal court judge shall collect the surcharges imposed by this section and remit the proceeds to the State fund on a monthly basis. The monies collected under the provisions of this subsection must be deposited in an interest bearing account separate from the general fund and used only to provide for indigent defense services. The monies shall be administered by the Office of Indigent Defense."
B. Section 16-3-26 of the 1976 Code is amended to read:
"Section 16-3-26. (A) Whenever the solicitor seeks the death penalty he shall notify the defense attorney of his intention to seek such the penalty at least thirty days prior to before the trial of the case. At the request of the defense attorney, the defense attorney shall must be excused from all other trial duties ten days prior to before the term of court in which the trial is to be held.
(B) Whenever any a person is charged with murder and the death penalty is sought, the court, upon determining that such the person is unable financially to retain adequate legal counsel, shall appoint two attorneys one attorney to defend such the person in the at a trial of the action. One of the attorneys so The attorney appointed shall have at least five years' experience as a licensed attorney and at least three years' experience in the actual trial of felony cases, and only one of the attorneys so. The attorney appointed shall may be the Public Defender or a member of his staff. In all cases where no conflict exists, the public defender or member of his staff must be appointed if qualified. If a conflict exists, the court shall turn first to the contract public defender attorneys, if qualified, then to the Office of Indigent Defense.
Notwithstanding any other provision of law, the court shall order payment of fees and costs, not to exceed five thousand dollars per trial from funds appropriated for the defense of indigents. An attorney appointed must be compensated at a rate not to exceed fifty dollars an hour for time expended out of court and seventy-five dollars an hour for time expended in court. Fees and costs, including attorney fees, amounting to ten thousand dollars or less need not be approved by the court before completion of trial. Fees and costs in excess of ten thousand dollars anticipated by the defense must be submitted to the court for review and validation, as provided in this section, before trial is completed. Fees and costs in excess of the standard fees and costs must not be paid until after the hearing provided in this section.
(C) Upon a finding in ex parte proceedings that investigative, expert, or other services are reasonably necessary for the representation of the defendant whether in connection with issues relating to guilt or sentence, the court shall authorize the defendant's attorneys attorney to obtain such these services on behalf of the defendant and shall order the payment, of fees and expenses from state funds appropriated for the defense of indigents, of fees and expenses not to exceed twenty-five hundred dollars as the court shall deem considers appropriate. Upon a finding that timely procurement of such services cannot await prior authorization, the court may authorize the provision of and payment for such services nunc pro tunc.
(D) Payment in excess of the limit in Subsection (B) or (C) is authorized only if the court certifies, in a written order with specific findings of fact, that payment in excess of the limit is appropriate because the services provided were of an unusual character or duration and that the expenses were thus reasonably incurred.
(E) After completion of the trial, the court shall conduct a hearing to review and validate the fees, costs and other expenditures on behalf of the defendant.
(F) The Supreme Court shall promulgate guidelines for the use of expert witnesses. The Supreme Court shall promulgate guidelines on the expertise and qualifications necessary for attorneys to be certified as competent to handle death penalty cases.
(G) The Office of Indigent Defense shall maintain a list of death penalty qualified attorneys who have applied for and received certification by the Supreme Court. In the event the court appointed counsel notifies the chief administrative judge in writing that he does not wish to provide representation in a death penalty case, the chief administrative judge shall advise the Office of Indigent Defense which shall forward a name or names to the chief administrative judge for consideration. The appointment power is vested in the chief administrative judge. The Office of Indigent Defense shall establish guidelines necessary to insure that attorneys' names are presented to the judges on a fair and equitable basis taking into account geography and previous assignments from the list. Efforts must be made to present an attorney from the area or region where the action is initiated."
C. Section 17-3-30 of the 1976 Code is amended to read:
"Section 17-3-30. (A) A person to whom counsel has been provided shall execute an affidavit that he is financially unable to employ counsel and that affidavit shall must set forth all his assets. If it appears that the person has some assets but they are insufficient to employ private counsel, the court, in its discretion, may order the person to pay these assets to the defender corporation of the county or counties wherein where he is being represented or, if a defender corporation does not exist therein there, to the judicial department of the State of South Carolina.
(B) A twenty-five dollar application fee for public defender services must be collected from every person who executes an affidavit that he is financially unable to employ counsel. The person may apply to the clerk of court for a waiver or reduction in the application fee. In the event the clerk determines that the person is unable to pay the application fee, the fee may be waived or reduced. The clerk of court shall collect the application fee imposed by this section and remit the proceeds to the State fund on a monthly basis. The monies must be deposited in an interest bearing account separate from the general fund and used only to provide for indigent defense services. The monies must be administered by the Office of Indigent Defense."
D. Section 17-3-50 of the 1976 Code is amended to read:
"Section 17-3-50. (A) When private counsel is appointed pursuant to this chapter and in accordance with a plan of appointment promulgated by the bar of each county, he shall must be paid a reasonable fee to be determined on the basis of ten forty dollars per an hour for time spent out of court and fifteen sixty dollars per an hour for time spent in court. In no event, however, shall such fee exceed the sum of five hundred dollars in a noncapital case and seven hundred and fifty dollars in a capital case through final judgment on trial. The same hourly rates shall apply on appeal and in post-conviction proceedings provided that such fee shall not exceed the sum of five hundred dollars. Compensation must not exceed three thousand five hundred dollars in a case in which one or more felonies is charged and one thousand dollars in a case in which only misdemeanors are charged. Compensation must be paid from funds appropriated for the defense of indigents. The same basis shall must be employed to determine the value of services provided by the office of the public defender for purposes of Section 17-3-40 hereof.
(B) Upon a finding in ex parte proceedings that investigative, expert, or other services are reasonably necessary for the representation of the defendant, the court shall authorize the defendant's attorney to obtain these services on behalf of the defendant and shall order the payment of fees and expenses from state funds appropriated for the defense of indigents, not to exceed five hundred dollars.
(C) Payment in excess of the limit in subsection (A) or (B) is authorized only if the court certifies, in a written order with specific findings of fact, that payment in excess of the limit is appropriate because the services provided were of an unusual character or duration and that the expenses were reasonably incurred.
(D) This section must not be construed to alter the provisions of Section 17-3-10 concerning those defendants who are entitled to legal representation."
E. Section 17-23-70 of the 1976 Code is repealed.
F. This section takes effect July 1, 1993, and five percent surcharge in criminal fines, and the public defender services application fee must be collected for every offense occurring on or after July 1, 1993. The payment schedule set forth in this section applies to any case for which the arrest has occurred, or for which the warrant, or indictment has been issued, on or after July 1, 1993./
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Rep. HUTSON moved to table the amendment, which was agreed to.
Rep. BOAN proposed the following Amendment No. 490 (Doc Name L:\council\legis\amend\CYY\15365SD.93), which was adopted.
Amend the bill, as and if amended, Part II, by adding a new section to be appropriately numbered which shall read:
TO PROVIDE A STATEMENT OF INTENT OF THE GENERAL ASSEMBLY IN REGARD TO THE ACCOUNTABILITY OF STATE AGENCY, DEPARTMENT, AND INSTITUTION HEADS, AND THE EXPECTATION THAT THEY HAVE IN PLACE AN EFFECTIVE SYSTEM OF MANAGEMENT CONTROLS TO PREVENT AND DETECT IMPROPER CONDUCT, WASTE, OR ABUSE WITHIN THEIR AGENCY, DEPARTMENT, OR INSTITUTION.
It is the intent of the General Assembly to ensure that the heads of state agencies, departments, and institutions are held accountable for the effective and efficient use of the public resources entrusted to them annually in the appropriation process. Each agency, department, or institution head is expected to have in place an effective system of management controls to prevent and detect improper conduct by their employees. In the event of mismanagement, waste, or abuse allowed by an agency, department, or institution head, the Governor, constitutional officer, or governing board is expected to take swift and appropriate action to correct the matter and regain the public trust./
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Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. GONZALES proposed the following Amendment No. 502 (Doc Name L:\council\legis\amend\JIC\5657HC.93), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO ALLOW A MUNICIPALITY BY ORDINANCE TO IMPOSE A TWENTY-FIVE PERCENT ADD-ON FEE FOR ANY PERMIT OR LICENSE ISSUED BY THE DEPARTMENT OF REVENUE ALLOWING SUNDAY SALES OF BEER, WINE, OR MINIBOTTLE SALES, TO REQUIRE THE DEPARTMENT TO COLLECT THE ADD-ON LICENSE FEE AND REMIT THE FEES QUARTERLY TO THE MUNICIPALITY IMPOSING THE ADD-ON FEE AS A SUPPLEMENT TO DISTRIBUTIONS TO THE MUNICIPALITY FROM THE LOCAL GOVERNMENT FUND IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
A. A municipality may by odinance impose an add-on fee equal to twenty-five percent of the underlying state fee for any permit or license issued or renewed allowing Sunday sales of beer, wine, or minibottle sales, or seven day a week sales of any combination of these items. The municipality shall forward a certified copy of the imposition ordinance to the Department of Revenue, which shall collect the add-on fee on the appropriate permits or licenses beginning on the first day of the month next succeeding the department's receipt of the certified ordinance. The revenue from the add-on fee must be deposited in a separate fund in the State Treasury and remitted quarterly to the municipality for which the fee was imposed as a supplement to the municipality's share of the Aid to Subdivisions, Local Government Fund distribution as contained in the annual general appropriations act.
B. This section takes effect July 1, 1993./
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Rep. GONZALES explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 502 was out of order as it was not germane as it dealt with local matters.
Rep. GONZALES argued contra the Point in stating that the amendment was drafted so that the money was rebated through the aid to local subdivisions formula and it would be rebated through Line 8 on page 619 of the Bill, although there was no dollar figure in there and is undetermined.
The SPEAKER stated that it did not affect revenue in the first part of the Bill and to meet the test of Rule 5.3, it had to affect revenue in Part I of the Bill.
Rep. GONZALES stated that it became a part of the aid to subdivisions.
The SPEAKER stated it was forbidden to be a part of aid to subdivisions on page 619 by requiring it to be set aside in a separate fund and that it did not relate back to Part I and he sustained the Point of Order and ruled the amendment out of order.
Rep. McABEE proposed the following Amendment No. 506 (Doc Name L:\council\legis\amend\436\11171HC.93), which was tabled.
Amend the bill, as and if amended, PART II, PERMANENT PROVISION, by adding an appropriately numbered section to read:
TO PROVIDE THAT ALL REVENUES DERIVED FROM THE CLEMSON UNIVERSITY REGULATORY AND PUBLIC SERVICE DIVISION MUST BE RETAINED BY THE DIVISION AND TO PROVIDE ALL REVENUES OF THE DIVISION FROM PESTICIDE REGISTRATION FEES AND FROM LICENSING OF STRUCTURAL PEST CONTROL BUSINESSES MUST BE RETAINED BY THE DIVISION TO IMPLEMENT THE PROVISIONS OF THE SOUTH CAROLINA PESTICIDE CONTROL ACT AND APPLICABLE REGULATIONS.
A. All revenues derived from the activities of the Clemson University Regulating and Public Service Division must be retained by the division. All revenues collected by the division from pesticide registration fees and fees collected from licensing of structural pest control businesses must be retained by the division for the purpose of implementing the South Carolina Pesticide Control Act and applicable regulations.
B. This section takes effect July 1, 1993./
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Rep. McABEE moved to table the amendment, which was agreed to.
Rep. RUDNICK proposed the following Amendment No. 510 (Doc Name L:\council\legis\amend\JIC\5645HC.93), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-37-250, AS AMENDED, OF THE 1976 CODE, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO REQUIRE THE EXEMPTION AMOUNT TO BE ADJUSTED ANNUALLY TO OFFSET INCREASES IN THE CONSUMER PRICE INDEX AND TO PRESCRIBE THE PROCEDURE FOR MAKING THE ADJUSTMENT.
A. Section 12-37-250 of the 1976 Code, as last amended by Act 54 of 1991, is further amended by adding at the end:
"The exemption amount provided in this section must be adjusted annually in the same manner that income tax brackets are adjusted as provided in Section (1)(f) of the Internal Revenue Code of 1986, mutatis mutandis. The exemption amount, as adjusted, applies in place of the amount provided in this section for the next tax year. The Comptroller General shall make the appropriate calculation and notify county auditors of the adjusted exemption amount."
B. The inflation adjustment required by the amendment to Section 12-37-250 of the 1976 Code contained in this section must first be made for the exemption amount applicable for the 1994 tax year./
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Rep. RUDNICK explained the amendment.
Rep. BOAN raised the Point of Order that Amendment No. 510 was out of order as it was not germane.
The SPEAKER stated that Section B of the amendment stated that the first implementation of the adjustment was for the 1994 tax year and it would not impact anything in this Budget and it did not relate to Part I and he sustained the Point of Order and ruled the amendment out of order.
Reps. GOVAN, MOODY-LAWRENCE, BREELAND, HINES, WHITE, COBB-HUNTER, WHIPPER, BEATTY, McMAHAND and ROBINSON proposed the following Amendment No. 512 (Doc Name L:\council\legis\amend\DKA\4450AL.93), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-27-1320, AS AMENDED, OF THE 1976 CODE, RELATING TO GOALS OR SET-ASIDES FOR BUSINESSES OWNED AND CONTROLLED BY DISADVANTAGED MINORITIES OR FEMALES, SO AS TO PROVIDE FOR REDUCTION OF FUNDS IF A COUNTY FAILS TO MEET THE REQUIREMENTS OF THE SECTION.
Section 12-27-1320 of the 1976 Code is amended by adding an appropriately lettered subsection to read:
"(__) Each county failing to meet the requirements of 12-27-1320(A), as determined by the department, shall have its allocation of funds under Section 12-27-400 reduced the following year by an amount equal to ten percent of its apportionment for that year and those funds must be equally distributed among the counties which were found to be in compliance with Section 12-27-1320(A)."/
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Rep. GOVAN explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 512 was out of order as it was not germane in that it did not relate to revenue in Part I of the Bill.
Rep. GOVAN argued contra the Point in stating that it was related to an amendment the House passed earlier, Amendment No. 118.
The SPEAKER stated it was not germane and did not relate to Part I of the Bill and he sustained the Point of Order and ruled the amendment out of order.
Reps. KOON, McABEE, M.O. ALEXANDER, RISER and P. HARRIS proposed the following Amendment No. 514 (Doc Name L:\council\legis\amend\436\11170AC.93), 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 59-5-65, AS AMENDED, OF THE 1976 CODE, RELATING TO THE POWERS AND RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION, SO AS TO REQUIRE THE BOARD TO CONSULT WITH THE DEPARTMENT OF AGRICULTURAL EDUCATION AT CLEMSON UNIVERSITY IN THE DEVELOPMENT OF ANY STATE PLAN UNDER THE CARL PERKINS VOCATIONAL AND APPLIED TECHNOLOGY AND EDUCATION ACT.
A. Section 59-5-65 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) consult with the Department of Agricultural Education of Clemson University at all steps in the development of any state plan prepared to satisfy any federal requirement related to the Carl Perkins Vocational and Applied Technology and Education Act or any successor federal law, including, but not limited to, the allocation or distribution of funds under this federal act."
B. This section takes effect July 1, 1993./
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Rep. KOON explained the amendment.
The amendment was then adopted.
Rep. DAVENPORT proposed the following Amendment No. 515 (Doc Name L:\council\legis\amend\17140), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2422 SO AS TO IMPOSE AN ADDITIONAL TWO PERCENT ADMISSIONS TAX AND TO PROVIDE THAT THE REVENUE FROM THE TAX MUST BE CREDITED TO THE GENERAL FUND OF THE STATE AND USED FOR MEDICAID PHARMACEUTICAL SERVICES AND MEDICAID HOME AND COMMUNITY CARE SERVICES.
A. Article 17, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-2422. In addition to the tax imposed pursuant to Section 12-21-2420, there is imposed an additional admissions license tax equal to two percent which must be paid, collected, and enforced in the same manner as the admissions tax imposed pursuant to Section 12-21-2550. The revenue from this admissions tax must be credited to the general fund of the state and used to fund a fourth prescription under Medicaid pharmaceutical services with the remainder being used to fund Medicaid home and community care services."
B. This section takes effect July 1, 1993./
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Rep. DAVENPORT moved to table the amendment, which was agreed to.
Reps. ROBINSON and KIRSH proposed the following Amendment No. 517 (Doc Name L:\council\legis\amend\CYY\15366SD.93), which was adopted.
Amend the bill, as and if amended, Part II, by adding a new section to be appropriately numbered which shall read:
TO AMEND SECTION 13-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SAVANNAH VALLEY AUTHORITY, SO AS TO PROVIDE THAT THE AUTHORITY IS SUBJECT TO THE PROVISIONS OF THE CONSOLIDATED PROCUREMENT CODE AND THE COMPENSATION OF THE EXECUTIVE DIRECTOR OF THE AUTHORITY IS SUBJECT TO THE STATE AGENCY HEAD SALARY REVIEW PROCESS SO LONG AS THE AUTHORITY RECEIVES ANY STATE APPROPRIATED FUNDS, AND TO PROVIDE THAT BEGINNING JULY 1, 1993, THE COMPENSATION OF THE EXECUTIVE DIRECTOR MAY NOT EXCEED THAT WHICH WOULD BE PERMITTED BY THE STATE AGENCY HEAD SALARY REVIEW PROCESS AFTER FACTORING OUT ANY EARLIER SALARY INCREASES ABOVE AUTHORIZED LEVELS.
(1) Section 13-9-30(e) of the 1976 Code is amended to read:
"(e) notwithstanding any provision of law or regulation to the contrary, and in accordance with its own procurement procedures and regulations as approved by the Budget and Control Board, acquire, purchase, hold, use, improve, manage, lease, mortgage, pledge, sell, transfer, and dispose of any property, real, personal, or mixed, or any interest in any property, or revenues of the authority, including as security for notes, bonds, evidences of indebtedness, or other obligations of the authority. Except for the provisions of Sections 11-35-5210 through 11-35-5270, inclusive, in exercising the powers authorized in this chapter the The authority is exempt from subject to the provisions of Title 11, Chapter 35, so long as it receives any state appropriated funds. The authority has no power to pledge the credit and the taxing power of the State or any of its political subdivisions;".
(2) Section 13-9-30(p) of the 1976 Code is amended to read:
"(p) employ and dismiss, at the will and pleasure of the authority, those employees, consultants, and other providers of services as the authority considers necessary and to fix and to pay their compensation; provided, that the state agency head salary review process and the rules and guidelines thereunder applies to the executive director of the authority so long as it receives any state appropriated funds. Beginning July 1, 1993, the compensation of the executive director of the authority may not exceed that which would be permitted by the State Agency Head Salary Review Process after factoring out any earlier salary increases above authorized levels. Employees Except as provided above, employees of the authority or an entity established pursuant to Section 13-9-190 are not considered state employees except for eligibility for participation in the State Retirement System and the State Health Insurance Group Plans and pursuant to Chapter 78 of Title 15. The Except as provided above, the provisions of Chapter 11 of Title 8 and Article 5, Chapter 17 of Title 8 do not apply to the authority. The authority is responsible for complying with the other state and federal laws covering employers. The authority may contract with the Division of Human Resources Management of the State Budget and Control Board to establish a comprehensive human resource management program."/
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Rep. ROBINSON explained the amendment.
Rep. McABEE moved to table the amendment, which was not agreed to by a division vote of 22 to 42.
Rep. McABEE spoke against the amendment.
Rep. McABEE raised the Point of Order that Amendment No. 517 was out of order as it was not germane in that it did not relate to Part I of the Bill.
The SPEAKER stated that it did deal with rules and regulations and did relate to the expenditure of funds and he overruled the Point of Order.
The amendment was then adopted by a division vote of 54 to 28.
Rep. DAVENPORT proposed the following Amendment No. 524 (Doc Name L:\council\legis\amend\436\11176AC.93), which was tabled.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding an appropriately numbered section to read:
TO DIRECT THE SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE TO ALLOCATE TO CERTAIN COUNTY ALCOHOL AND DRUG ABUSE COMMISSIONS A PORTION OF FEDERAL FUNDS APPROPRIATED TO THE STATE UNDER PUBLIC LAW 102-321 TO ESTABLISH REGIONAL DETOXIFICATION PROGRAMS TO SERVE WOMEN AND YOUTH.
Whereas, Richland and Anderson Counties are the only two counties in the State in which local alcohol and drug abuse commissions offer detoxification services; and
Whereas, there is a demand in other counties for detoxification services, but with no local services available, residents of these counties are transported by law enforcement to Columbia and Anderson for services; and
Whereas, transporting individuals out of their county of residence for detoxification services that must be purchased at a higher rate than could be provided locally is an inefficient use of law enforcement officers and human resource dollars; and
Whereas, Public Law 103-321, the federal alcohol and drug block grant, has appropriated approximately $12.4 million to the South Carolina Commission on Alcohol and Drug Abuse for fiscal year 1993 and of this, approximately $2.7 million are new revenues for this fiscal year.
A. The South Carolina Commission on Alcohol and Drug Abuse shall distribute equally the 2.7 million dollars in new revenue allocated to the State pursuant to Public Law 103-321 for the establishment of detoxification programs targeted to serve women and youth. These funds must be distributed to the:
(1) Spartanburg Alcohol and Drug Abuse Commission to serve Spartanburg, Union, and Cherokee Counties;
(2) Charleston Alcohol and Drug Abuse Commission to serve Charleston, Dorchester, and Berkeley Counties;
(3) Florence Alcohol and Drug Abuse Commission to serve Florence, Darlington, and Marion Counties;
(4) Aiken Alcohol and Drug Abuse Commission to serve Aiken, Barnwell, and Edgefield Counties.
Any subsequent increases in funds allocated to the State pursuant to Public Law 102-321 must be distributed equally among all alcohol and drug abuse programs in the State.
Within three months of this section's effective date the Director of the South Carolina Commission on Alcohol and Drug Abuse shall consult with representatives of the Alcohol and Drug Abuse Commissions in Spartanburg, Charleston, Florence, and Aiken Counties for the purpose of developing a plan for each county establishing the detoxification services required by this section and shall subsequently obtain approval of each plan from the respective county legislative delegation.
B. This section takes effect July 1, 1993./
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Rep. DAVENPORT moved to table the amendment, which was agreed to.
Reps. GRAHAM, MARCHBANKS, TROTTER and ROBINSON, proposed the following Amendment No. 528 (Doc Name L:\council\legis\amend\N05\7052BD.93), which was adopted.
Amend the bill, as and if amended, PART II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 46-9-105 SO AS TO PROVIDE FOR THE USE OF THE REVENUE FROM THE ACTIVITIES OF THE CLEMSON UNIVERSITY REGULATORY AND PUBLIC SERVICE DIVISION.
The 1976 Code is amended by adding:
"Section 46-9-105. All revenue, including fertilizer inspection taxes but excluding penalty assessments, from the activities of the Clemson University Regulatory and Public Service Division must be retained by the Division, except for seventy-five thousand dollars which must be returned to the General Fund of the State. Of the retained funds, three hundred thousand dollars annually must be escrowed for operationally-related expenses and to amortize and retire the revenue bond issue necessary to construct a new division facility at Clemson University until the bond debt is satisfied. After satisfaction of the bond debt, the escrowed amount reverts to the General Fund."/
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Rep. GRAHAM explained the amendment.
Rep. BOAN spoke against the amendment and moved to table the amendment.
Rep. RISER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey, J. Barber Beatty Boan Brown, H. Corning Cromer Fair Felder Fulmer Gamble Gonzales Hallman Harrell Harrison Haskins Holt Huff Hutson Inabinett Jaskwhich Kinon Kirsh Klauber Littlejohn Martin McElveen Meacham Moody-Lawrence Neal Neilson Rhoad Rogers Rudnick Scott Sheheen Shissias Simrill Smith, R. Vaughn Waites Walker Whipper Wilder, D. Wilder, J. Wilkins Wofford Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Anderson Askins Baker Baxley Brown, G. Brown, J. Carnell Cato Chamblee Clyborne Cooper Davenport Delleney Farr Graham Harrelson Harris, J. Harris, P. Hines Houck Jennings Keegan Koon Lanford Law Marchbanks Mattos McAbee McCraw McMahand McTeer Quinn Richardson Riser Robinson Sharpe Snow Spearman Stille Stoddard Stone Thomas Townsend Trotter Tucker Waldrop Wells Wilkes Witherspoon Worley Wright
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Reps. T.C. ALEXANDER and CROMER proposed the following Amendment No. 537 (Doc Name L:\council\legis\amend\JIC\5656SD.93), which was tabled.
Amend the bill, as and if amended, Part II, by adding a new section to be appropriately numbered which shall read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-1-105 SO AS TO PROVIDE FOR A REFUND OF A PORTION OF A BIENNIAL LICENSE OR PERMIT WHEN A LICENSEE OR PERMITTEE DIES OR CLOSES THE BUSINESS.
The 1976 Code is amended by adding:
"Section 61-1-105. If a biennial licensee or permittee under this title closes the licensed or permitted business or dies within the first year of the biennial license or permit year, the licensee or permittee or his estate must be refunded the amount of the license or permit fee attributable to the second year of the biennial license or permit year."/
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Rep. T.C. ALEXANDER explained the amendment.
Rep. BOAN moved to table the amendment, which was agreed to.
Rep. G. BROWN proposed the following Amendment No. 540 (Doc Name L:\council\legis\amend\DKA\4472AL.93), which was ruled out of order.
Amend the bill, as and if amended, PART II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-1961 SO AS TO PROVIDE FOR THE ISSUANCE OF PLACARDS TO HANG FROM THE REARVIEW MIRROR OF A MOTOR VEHICLE FOR FREE PARKING FOR HANDICAPPED PERSONS.
The 1976 Code is amended by adding:
"Section 56-3-1961. Notwithstanding any other provision of law, effective January 1, 1994, the placard issued by the department pursuant to Section 56-3-1960 must be of a type to hang from the rearview mirror of the motor vehicle. The department shall design the placard to be used."/
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Rep. G. BROWN explained the amendment.
Rep. WALDROP raised the Point of Order that Amendment No. 540 was out of order as it was not germane.
The SPEAKER stated that it did not relate back to a line item in Part I of the Bill and he sustained the Point of Order and ruled the amendment out of order.
Rep. TOWNSEND proposed the following Amendment No. 543 (Doc Name L:\council\legis\amend\436\11179AC.93), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-36-910, AS AMENDED, OF THE 1976 CODE, RELATING TO THE IMPOSITION OF THE SALES TAX, SO AS TO IMPOSE A TEN PERCENT TAX ON GROSS PROCEEDS LESS PAYOUTS DERIVED FROM COIN-OPERATED VIDEO GAMES WITH A FREE PLAY FEATURE; TO AMEND SECTION 12-21-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM THE TAX GROSS PROCEEDS FROM VIDEO GAMES WITH A FREE PLAY FEATURE EXCEPT WHERE THE GOVERNING BODY OF THE COUNTY BY ORDINANCE MAKES SUCH PROCEEDS TAXABLE, TO REQUIRE REVENUE FROM THE TAX TO BE DISTRIBUTED TO THE COUNTY OR MUNICIPALITY BASED ON POINT OF SALE, TO THE COUNTY FOR DISTRIBUTION TO THE SCHOOL DISTRICTS IN THE COUNTY BY LOCATION, AND TO THE GENERAL FUND FOR STATE EMPLOYEE PAY RAISES, AND TO PROVIDE THAT SUCH REVENUES ARE NOT SUBJECT TO "LOCAL EFFORT" REQUIREMENTS FOR PURPOSES OF THE EIA.
A. Section 12-36-910(B) of the 1976 Code, as last amended by Act 361 of 1992, is further amended by adding an appropriately numbered item to read:
"( ) gross proceeds accruing or proceeding from the operation of video games, but the applicable rate of The tax pursuant to this special imposition is ten percent.
For purposes of this special imposition of the sales tax, and notwithstanding any other definition of 'gross proceeds' in this chapter:
(i) 'Tangible personal property' includes the operation of video games;
(ii) 'Retailer' includes the owner or operator of an establishment in which are located video games;
(iii) 'Gross proceeds of sales' means the gross proceeds derived from the operation of video games less payouts made;
(iv) 'Video games' means video games with a free play feature licensed pursuant to Section 12-21-2720(A)(3)."
b. Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) gross proceeds accruing or proceeding from the operations of video games with a free play feature licensed pursuant to Section 12-21-2720(A)(3) unless the governing body of a county by ordinance provides that the exemption does not apply in the county. These proceeds are taxable effective on the July first succeeding the receipt by the Tax Commission of a certified copy of the ordinance. Revenue from the tax must be credited to a separate fund in the State Treasury and distributed:
(a) fifty percent to the county based on point of sale which shall distribute to its school district based on a per pupil method;
(b) twenty percent to the county or municipality based upon point of sale;
(c) thirty percent to the general fund of the State to be used for state employee pay raises.
Revenue to a district from this fund is excluded from the definition of 'local effort' pursuant to Section 59-21-1030."
C. This section takes effect July 1, 1993./
Renumber sections & amend totals/title to conform.
Rep. TOWNSEND explained the amendment.
Rep. BOAN moved to table the amendment.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Baker Baxley Boan Brown, H. Cato Clyborne Corning Cromer Delleney Fair Farr Gamble Graham Harrison Haskins Hodges Holt Houck Huff Hutson Jaskwhich Jennings Kinon Kirsh Marchbanks Mattos McCraw McTeer Meacham Neilson Quinn Robinson Scott Sharpe Sheheen Simrill Smith, R. Stone Thomas Trotter Vaughn Waites Wells Worley Young, A.
Those who voted in the negative are:
Allison Anderson Barber Beatty Brown, G. Brown, J. Byrd Carnell Chamblee Cobb-Hunter Davenport Felder Fulmer Gonzales Hallman Harrell Harrelson Harris, J. Harris, P. Hines Inabinett Keegan Kelley Kennedy Klauber Koon Lanford Law Littlejohn Martin McElveen McLeod Moody-Lawrence Neal Rhoad Richardson Riser Rogers Rudnick Smith, D. Spearman Stille Stoddard Townsend Tucker Waldrop Walker White Wilder, D. Wilder, J. Wilkes Williams Witherspoon Wright Young, R.
So, the House refused to table the amendment.
Rep. BOAN spoke against the amendment.
Rep. BOAN raised the Point of Order that Amendment No. 543 was out of order as it was not germane.
The SPEAKER stated that if it took effect on July 1, 1993, the earliest time that they could impose the tax would be July 1, 1994 and it did not affect anything in Part I of the Bill and he sustained the Point of Order and ruled the amendment out of order.
Rep. WILKINS proposed the following Amendment No. 544 (Doc Name L:\council\legis\amend\BBM\10398SD.93), which was adopted.
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 1976 CODE BY ADDING SECTION 2-17-17 SO AS TO PROVIDE THAT A DEPARTMENT DIRECTOR, CONSTITUTIONAL OFFICER, AGENCY DIRECTOR, STATE BOARD OR COMMISSION, OR GOVERNING BODY OF ANY OTHER ENTITY OF STATE GOVERNMENT WHOSE DEPARTMENT, OFFICE, AGENCY, BOARD, COMMISSION, OR ENTITY EMPLOYS OR CONTRACTS WITH A LOBBYIST, AS DEFINED IN SECTION 2-17-10, WHO IS NOT A FULL-TIME EMPLOYEE OF THE STATE FROM STATE FUNDS MUST USE A PORTION OF THOSE FUNDS TO PROVIDE IN A TIMELY FASHION COPIES OF THE DISCLOSURE STATEMENTS AND REPORTS FILED BY THE LOBBYIST WITH THE SECRETARY OF STATE OR STATE ETHICS COMMISSION BY MAIL TO THE HOME ADDRESS OF EACH MEMBER OF THE BOARD, COMMISSION, OR GOVERNING BODY, AUTHORITY OR OFFICIAL OF SUCH DEPARTMENT, AGENCY, OR ENTITY.
The 1976 Code is amended by adding:
"Section 2-17-17. A department director, constitutional officer, agency director, state board or commission, or governing body of any other entity of state government whose department, office, agency, board, commission, or entity employs or contracts with a lobbyist, as defined in Section 2-17-10, who is not a full-time employee of the state from funds appropriated in Part I of this act for the fiscal year 1993 or in the annual general appropriations act for other fiscal years must retain and use a portion of these funds to provide in a timely fashion copies of the disclosure statements and reports filed by the lobbyist with the Secretary of State or State Ethics Commission by mail to the home address of each member of the board, commission, or governing body, authority or official of such department, agency, or entity."/
Renumber sections & amend totals/title to conform.
Rep. WILKINS explained the amendment.
Rep. ROBINSON raised the Point of Order that Amendment No. 544 was out of order as it was not germane.
The SPEAKER overruled the Point of Order.
The amendment was then adopted.
Rep. RUDNICK proposed the following Amendment No. 545 (Doc Name L:\council\legis\amend\JIC\5658HC.93), 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 SECTION 12-36-2110, AS AMENDED, OF THE 1976 CODE, RELATING TO MAXIMUM SALES AND USE TAX, SO AS TO ELIMINATE THE CAP ON THE SALE OR LEASE OF MOTOR VEHICLES AND TO PROVIDE FOR THE DISTRIBUTION OF THE REVENUE.
A. Section 12-36-2110(A)(2) of the 1976 Code is amended to read:
"(2) motor vehicle Reserved;
B. Increased revenues generated by deletion of the motor vehicle sales tax cap must be used as follows:
(1) fifty percent for K-12 education; and
(2) fifty percent for the general operation of state government."
C. This section takes effect July 1, 1993, and applies with respect to sales made or leases executed after June 30, 1993./
Renumber sections & amend totals/title to conform.
Rep. RUDNICK explained the amendment.
Rep. HASKINS raised the Point of Order that Amendment No. 545 was out of order as it was not germane in that it affected over 50 percent of the population.
Rep. RUDNICK argued contra the Point in stating that only approximately 200,000 people purchased automobiles in this state per year.
The SPEAKER overruled the Point of Order.
Rep. SIMRILL moved to table the amendment.
Rep. QUINN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Anderson Askins Baker Baxley Boan Breeland Brown, G. Carnell Cato Chamblee Clyborne Corning Davenport Delleney Farr Felder Fulmer Gamble Gonzales Graham Hallman Harrell Harris, J. Harrison Haskins Hodges Holt Houck Huff Hutson Keegan Kinon Kirsh Klauber Koon Lanford Law Marchbanks McAbee McCraw McElveen McLeod McTeer Meacham Quinn Rhoad Rogers Sheheen Shissias Simrill Smith, D. Smith, R. Snow Stille Thomas Townsend Tucker Waldrop Wells Whipper Wilkes Witherspoon Wright Young, A. Young, R.
Those who voted in the negative are:
Beatty Inabinett Kelley Kennedy Littlejohn Martin Moody-Lawrence Neal Robinson Rudnick Scott Stoddard Stuart Trotter Waites Walker White Worley
So, the amendment was tabled.
Rep. McLEOD proposed the following Amendment No. 546 (Doc Name L:\council\legis\amend\DKA\4473AL.93), which was adopted.
Amend the amendment, as and if amended, dated March 15, 1993, bearing document name L:\Council\Legis\Amend\BBM\10371AL.93, as and if amended, Section 56-5-4020 as contained in Section B, by deleting subsection (D).
Renumber sections & amend totals/title to conform.
Rep. McLEOD explained the amendment.
The amendment was then adopted.
Rep. McLEOD proposed the following Amendment No. 547 (Doc Name L:\council\legis\amend\DKA\4474AL.93), which was adopted.
Amend the bill, as and if amended, dated March 15, 1993, bearing document name L:\council\legis\amend\BBM\10371AL.93, as and if amended, subsection D, by striking the last sentence of the first paragraph of Section 56-5-4185 and inserting: /The Department may promulgate regulations to carry out the provisions of this section./
Renumber sections & amend totals/title to conform.
Rep. McLEOD explained the amendment.
The amendment was then adopted.
Rep. CORNING proposed the following Amendment No. 548 (Doc Name L:\council\legis\amend\BBM\10400BD.93), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 61-9-312 SO AS TO PROVIDE FOR A SPECIAL VERSION OF A RETAIL BEER AND WINE PERMIT FOR OFF-PREMISES CONSUMPTION WITH NO RESTRICTIONS ON THE DAYS OR HOURS OF SALES AND PROVIDE FOR THE USE OF GENERATED REVENUE; AND TO REQUIRE THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO PRORATE THE SPECIAL RETAIL PERMIT FEES PROVIDED IN SECTION 61-9-312 FOR THE 1993-94 PERMIT YEAR.
A. The 1976 Code is amended by adding:
"Section 61-9-312. In counties or municipalities where temporary permits are authorized to be issued pursuant to Section 61-5-180, in lieu of the retail permit fee required pursuant to Section 61-9-310, a retail dealer otherwise eligible for the retail permit under that section may elect to apply for a special version of that permit which allows sales for off-premises consumption without regard to the restrictions on the days or hours of sales provided in Sections 61-9-90, 61-9-100, 61-9-110, and 61-9-130. The annual fee for this special retail permit is one thousand dollars. Revenue generated by the fees must be appropriated to the South Carolina Commission on Alcohol and Drug Abuse to be allocated for alcohol and drug abuse education. All other requirements for retail permits provided in Section 61-9-310 apply to the special permits authorized by this section."
B. The Alcoholic Beverage Control Commission shall prorate the special permit fees provided in Section 61-9-312 of the 1976 Code added in subsection A for the 1993-94 permit year according to the length of time the permit is valid.
C. If this section takes effect, it takes effect in lieu of similar provisions in Part I for special permit fees./
Renumber sections & amend totals/title to conform.
Rep. CORNING explained the amendment.
The amendment was then adopted.
On a voice vote on Amendment #548 I voted no.
Rep. BECKY MEACHAM
Rep. J. GARY SIMRILL
Rep. McLEOD proposed the following Amendment No. 560 (Doc Name L:\council\legis\amend\BBM\10402SD.93), which was ruled out of order.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding an appropriately numbered section to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-164 SO AS TO CREATE THE PINEWOOD DEVELOPMENT AUTHORITY, TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES; AND TO AMEND SECTION 44-56-163, RELATING TO THE PINEWOOD HAZARDOUS WASTE CONTINGENCY FUND AND THE PINEWOOD DEVELOPMENT FUND, SO AS TO DELETE DUPLICATE PROVISIONS.
A. The 1976 Code is amended by adding:
"Section 44-56164. (A) There is created a body politic and corporate to be known as the Pinewood Development Authority. The authority shall consist of these ex officio members:
(1) the chairman of the Sumter County Council or a council member designated by the chairman;
(2) the chairman of the Clarendon County Council or a council member designated by the chairman;
(3) one member of the Sumter County Council who represents the geographical area within which this fund may be used for economic development;
(4) one member of the Clarendon County Council who represents the geographical area within which this fund may be used for economic development.
(B) The authority shall approve, by a majority vote, the expenditure of funds from the Pinewood Development Fund, as created in Section 44-56-164(B) and may acquire and develop real and personal property and exercise all powers incidental to developing the Pinewood area pursuant to Section 44-56-164(B)."
B. Section 44-56-163(B) of the 1976 Code, as added by Act 501 of 1992, is amended to read:
"(B) There is created the Pinewood Development Fund in the Office of the State Treasurer. This fund must be financed through fees provided in Sections 44-56-170 and 44-56-510 and credited to this fund pursuant to Section 44-56-175. This fund must be used for economic development in the Pinewood area in Sumter or Clarendon County within a five-mile radius of the Pinewood Hazardous Waste Landfill. Expenditures of these funds must be approved by a majority of the following:
(1) the chairman of the Sumter County Council or a council member designated by the chairman;
(2) the chairman of the Clarendon County Council or a council member designated by the chairman;
(3) one member of the Sumter County Council who represents the geographical area within which this fund may be used for economic development;
(4) one member of the Clarendon County Council who represents the geographical area within which this fund may be used for economic development.
All funds in the Pinewood Development Fund, including interest earned on the fund, must be remitted quarterly by the State Treasurer to the City of Pinewood Pinewood Development Authority and expended pursuant to this subsection."/
Renumber sections & amend totals/title to conform.
Rep. McLEOD explained the amendment.
Rep. WALDROP raised the Point of Order that Amendment No. 560 was out of order as it was not germane.
The SPEAKER stated that part of the hazardous waste funds did become general fund revenue but the Pinewood part was deposited in a separate fund which was not appropriated back and he sustained the Point of Order and ruled the amendment out of order.
Rep. McLEOD proposed the following Amendment No. 561 (Doc Name L:\council\legis\amend\BBM\10403SD.93), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new Section to be appropriately numbered which shall read:
TO PROVIDE THAT IN THE EVENT THAT CERTAIN TYPES OF WASTE ARE RECLASSIFIED FROM NONHAZARDOUS TO HAZARDOUS, THIS RECLASSIFICATION SHALL HAVE NO EFFECT ON THE DISTRIBUTION OF FUNDS TO POLITICAL SUBDIVISIONS OF THIS STATE WHICH RECEIVE FUNDS FROM THESE SOURCES.
Notwithstanding any other provision of law, in the event that certain types of waste are reclassified from nonhazardous to hazardous, this reclassification shall have no effect on the distribution of funds to political subdivisions of this state which receive funds from these sources./
Renumber sections & amend totals/title to conform.
Rep. McLEOD explained the amendment.
Rep. FELDER raised the Point of Order that Amendment No. 561 was ruled out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. MATTOS moved to reconsider the vote whereby Amendment No. 387 was tabled.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Askins Baker Barber Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Canty Carnell Chamblee Cobb-Hunter Cooper Cromer Davenport Delleney Fair Felder Fulmer Gonzales Govan Hallman Harrell Harrelson Harris, J. Harris, P. Harvin Hines Hodges Hutson Inabinett Jennings Kennedy Kinon Klauber Lanford Law Littlejohn Mattos McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Rhoad Richardson Riser Scott Sheheen Shissias Simrill Smith, D. Snow Spearman Stille Stoddard Stone Stuart Thomas Townsend Tucker Waldrop Walker Wells White Wilder, D. Wilder, J. Williams Wofford
Those who voted in the negative are:
Baxley Cato Farr Gamble Harrison Keegan Kelley Kirsh Quinn Rudnick Sharpe Smith, R. Vaughn Waites Witherspoon Young, A.
So, the motion to reconsider was agreed to.
Rep. BAXLEY raised the Point of Order that Amendment No. 387 was out of order as it affected over 50 percent of the population.
The SPEAKER stated that he had already overruled a Point on this on Thursday and it was on page 139 of the Journal and he overruled the Point of Order.
The question then recurred to the adoption of the amendment, which was agreed to.
Reps. BOAN and HODGES proposed the following Amendment No. 564 (Doc Name L:\council\legis\amend\BBM\10405BD.93), 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 8-27-30 OF THE 1976 CODE, RELATING TO EMPLOYMENT PROTECTION FOR REPORTS OF VIOLATIONS OF STATE OR FEDERAL LAW OR REGULATIONS, PRESUMPTION OF RETALIATION, CIVIL ACTION FOR DAMAGES AND REINSTATEMENT, BURDEN OF PROOF, AFFIRMATIVE DEFENSES, RECOVERABLE DAMAGES, AND STATUTE OF LIMITATIONS, SO AS TO, AMONG OTHER THINGS, CHANGE THE KIND OF CIVIL ACTION WHICH AN EMPLOYEE WHO WAS WRONGFULLY TREATED MAY INSTITUTE, AND CHANGE THE BURDEN OF PROOF; TO AMEND SECTIONS 15-78-20 AND 15-78-30, BOTH AS AMENDED, RELATING TO THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO REFERENCE AND INCLUDE CAUSES OF ACTION FILED PURSUANT TO SECTION 8-27-10 ET SEQ. (EMPLOYMENT PROTECTION FOR REPORTS OF VIOLATIONS OF STATE OR FEDERAL LAW OR REGULATIONS); AND TO PROVIDE FOR THE EFFECTIVE DATE AND APPLICABILITY OF THIS SECTION OF PART II.
A. Section 8-27-30(A) of the 1976 Code, as added by Act 354 of 1988, is amended to read:
"(A) It is presumed that an employee of a public body who is discharged, otherwise terminated, or suspended from employment, demoted, suffers a decrease in compensation, or is disciplined, otherwise punished, or threatened by a public body within one year after having reported a violation of any state or federal law or regulation which involves a public body or any employee or official of a public body; within one year after having exposed governmental criminality, corruption, waste, fraud, gross negligence, or mismanagement; or within one year after having testified as a witness in any trial, hearing, or other proceeding involving any of the matters described in Section 8-27-20 was wrongfully treated in one or more ways described in this subsection, whichever may be applicable. If the employee was wrongfully treated he may institute a civil action either for damages or for reinstatement to his former position and lost wages, or for both, in a jury or a nonjury proceeding, pursuant to the South Carolina Tort Claims Act, Section 15-78-10, et seq., in the court of common pleas of the county in which the plaintiff resides at the time of commencing the civil action or the county in which the unlawful activity occurred."
B. Section 8-27-30(B) of the 1976 Code, as added by Act 354 of 1988, is amended to read:
"(B) The presumption established In any action brought under subsection (A) is rebuttable, and the burden is on the defendant plaintiff to demonstrate that the plaintiff he was not discharged, otherwise terminated, or suspended from employment, demoted, suffered a decrease in compensation, or was disciplined, otherwise punished, or threatened because he engaged in any of those activities described in Section 8-27-20. An employer employer's has the following affirmative defenses to this section include, but are not limited to, the following:
(1) wilful or habitual tardiness or absence from work;
(2) being disorderly or intoxicated while at work;
(3) destruction of any of the employer's property;
(4) malingering; and
(5) embezzlement or larceny of the employer's property."
C. Section 15-78-20(b) of the 1976 Code is amended to read:
"(b) The General Assembly in this chapter intends to grant the State, its political subdivisions, and employees, while acting within the scope of official duty, immunity from liability and suit for any tort except as waived by this chapter. The General Assembly additionally intends to provide for liability on the part of the State, its political subdivisions, and employees, while acting within the scope of official duty, only to the extent provided herein. All other immunities applicable to a governmental entity, its employees, and agents are expressly preserved. The remedy provided by this chapter is the exclusive civil remedy available for any tort committed by a governmental entity, its employees, or its agents, including causes of action filed pursuant to Section 8-27-10, et seq., except as provided in Section 15-78-70(b)."
D. Section 15-78-30(b) of the 1976 Code is amended to read:
"(b) 'Claim' means any written demand against the State of South Carolina or a political subdivision for money only, on account of loss, caused by the tort of any employee of the State or a political subdivision while acting within the scope of his official duty, including causes of action filed pursuant to Section 8-27-10 et seq."
E. This section takes effect upon approval by the Governor and applies with respect to any causes of action which accrue on or after the effective date of this section./
Renumber sections & amend totals/title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
I abstained from voting on Amendment #564 due to a potential conflict of interest since 2 members of my firm practice predominantly in this area.
Rep. JAMES L.M. CROMER, JR.
Rep. McLEOD proposed the following Amendment No. 566 (Doc Name L:\council\legis\amend\BBM\10404BD.93), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO PROVIDE REQUIREMENTS FOR FEES CHARGED BY STATE DEPARTMENTS AND AGENCIES.
A. No department or agency of the State may charge a fee for any service offered by the department or agency unless the fee is established by statute. A person who is charged a fee by a department or agency shall sign a form acknowledging the fee and the service before payment. The form must set forth the amount of the fee and the nature of the service and must be submitted to and approved by the General Assembly by joint resolution before use by the department or agency.
B. This section takes effect April 15, 1994./
Renumber sections & amend totals/title to conform.
Rep. McLEOD explained the amendment.
Rep. BOAN raised the Point of Order that Amendment No. 566 was out of order as it was not germane in that it did not relate to revenue in Part I of the Bill.
The SPEAKER stated that it relates to revenue and he overruled the Point of Order.
The amendment was then adopted.
Rep. McLEOD proposed the following Amendment No. 567 (Doc Name L:\council\legis\amend\BBM\10406SD.93), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO PROVIDE THAT 6.84 CENTS A GALLON OF GASOLINE AND OTHER MOTOR FUELS TAX REVENUES MUST BE CREDITED TO THE STATE HIGHWAY FUND AND USED FOR HIGHWAY DIVISION PERSONNEL COSTS, TO PROVIDE THAT ONE CENT A GALLON SHALL BE USED FOR HIGHWAY PERSONNEL WHO SHALL BE STATE EMPLOYEES PAID FROM THE STATE GENERAL FUND, TO REQUIRE THE REMAINING GASOLINE AND OTHER MOTOR FUELS TAX REVENUES TO BE CREDITED TO THE GENERAL FUND OF THE STATE AND LEVY THE TAXES FOR THAT PURPOSE, AND TO REQUIRE THE HIGHWAY DIVISION TO EXHAUST PRIOR STATE HIGHWAY FUND REVENUE BEFORE EXPENDING CURRENT REVENUES.
A. Notwithstanding the provisions of Chapter 27 of Title 12 of the 1976 Code relating to the disposition of gasoline and other motor fuel revenues, after June 30, 1993, the tax revenue from six and eighty-four one hundredths cents on each gallon of gasoline or other motor fuels must be credited to the State Highway Fund and used for the personnel costs of the Highway Division of the Department of Transportation, and one cent a gallon must be used to pay department personnel who shall be state employees to be paid from the state general fund as provided by the General Assembly in the annual general appropriations act. All other gasoline and other motor fuels tax revenues must be credited to the general fund of the state and to this extent, these taxes are levied for the general operations of state government. No current revenues of the State Highway Fund may be expended by the Highway Division until all revenues in the fund attributable to prior fiscal years are first exhausted.
B. This section takes effect July 1, 1993./
Renumber sections & amend totals/title to conform.
Rep. McLEOD explained the amendment.
Rep. FARR spoke against the amendment and moved to table the amendment.
Rep. McLEOD demanded the yeas and nays, which were not ordered.
The amendment was tabled by a division vote of 62 to 28.
Rep. BOAN moved to reconsider the vote whereby Amendment No. 566 was adopted.
Rep. HARRELSON moved to table the motion.
The House refused to table the motion to reconsider by a division vote of 2 to 64.
The question then recurred to the motion to reconsider, which was agreed to.
Rep. BOAN moved to table the amendment, which was agreed to.
Rep. CATO moved to reconsider the vote whereby Amendment No. 548 was adopted.
Rep. R. YOUNG moved to table the motion to reconsider.
Rep. CATO demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Barber Breeland Brown, H. Brown, J. Carnell Cobb-Hunter Corning Cromer Davenport Farr Fulmer Gamble Gonzales Govan Hallman Harrell Harrelson Harris, J. Harvin Holt Inabinett Keegan Kelley Kennedy Lanford Law McAbee McCraw McKay McTeer Richardson Riser Rogers Scott Shissias Smith, D. Snow Spearman Stille Stuart Townsend Tucker White Wilder, J. Wilkes Witherspoon Wright Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Askins Baker Baxley Boan Cato Chamblee Clyborne Cooper Delleney Fair Felder Haskins Hines Hodges Hutson Kinon Kirsh Klauber Koon Littlejohn Marchbanks Mattos McMahand Meacham Moody-Lawrence Neal Quinn Robinson Rudnick Sharpe Sheheen Simrill Smith, R. Stone Thomas Trotter Vaughn Waites Waldrop Whipper Wilkins Worley Young, A.
So, the motion to reconsider was tabled.
Rep. McLEOD proposed the following Amendment No. 568 (Doc Name L:\council\legis\amend\BBM\10407SD.93), which was rejected.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO PROVIDE THAT 5.84 CENTS A GALLON OF GASOLINE AND OTHER MOTOR FUELS TAX REVENUES MUST BE CREDITED TO THE STATE HIGHWAY FUND AND USED FOR HIGHWAY DIVISION PERSONNEL COSTS, TO PROVIDE THAT TWO CENTS A GALLON SHALL BE USED FOR HIGHWAY PERSONNEL WHO SHALL BE STATE EMPLOYEES PAID FROM THE STATE GENERAL FUND, TO REQUIRE THE REMAINING GASOLINE AND OTHER MOTOR FUELS TAX REVENUES TO BE CREDITED TO THE GENERAL FUND OF THE STATE AND LEVY THE TAXES FOR THAT PURPOSE, AND TO REQUIRE THE HIGHWAY DIVISION TO EXHAUST PRIOR STATE HIGHWAY FUND REVENUE BEFORE EXPENDING CURRENT REVENUES.
A. Notwithstanding the provisions of Chapter 27 of Title 12 of the 1976 Code relating to the disposition of gasoline and other motor fuel revenues, after June 30, 1993, the tax revenue from five and eighty-four one hundredths cents on each gallon of gasoline or other motor fuels must be credited to the State Highway Fund and used for the personnel costs of the Highway Division of the Department of Transportation, and two cents a gallon must be used to pay department personnel who shall be state employees to be paid from the state general fund as provided by the General Assembly in the annual general appropriations act. All other gasoline and other motor fuels tax revenues must be credited to the general fund of the state and to this extent, these taxes are levied for the general operations of state government. No current revenues of the State Highway Fund may be expended by the Highway Division until all revenues in the fund attributable to prior fiscal years are first exhausted.
B. This section takes effect July 1, 1993./
Renumber sections & amend totals/title to conform.
Rep. McLEOD explained the amendment.
Rep. QUINN moved to table the amendment, which was not agreed to.
Rep. FARR spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. McLEOD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Anderson Beatty Brown, G. Brown, J. Canty Chamblee Cooper Cromer Harrelson Harris, P. Hines Littlejohn Mattos McElveen McLeod McMahand Neal Neilson Robinson Rudnick Stille Tucker
Those who voted in the negative are:
Alexander, M.O. Allison Askins Baker Barber Baxley Breeland Brown, H. Cato Clyborne Cobb-Hunter Corning Davenport Delleney Fair Farr Felder Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harris, J. Harrison Harvin Haskins Hodges Huff Hutson Inabinett Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Koon Lanford Law Marchbanks Martin McCraw McKay McTeer Meacham Moody-Lawrence Quinn Rhoad Richardson Riser Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stone Stuart Thomas Trotter Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
So, the amendment was rejected.
Rep. McLEOD proposed the following Amendment No. 569 (Doc Name L:\council\legis\amend\BBM\10408SD.93), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO PROVIDE THAT 4.84 CENTS A GALLON OF GASOLINE AND OTHER MOTOR FUELS TAX REVENUES MUST BE CREDITED TO THE STATE HIGHWAY FUND AND USED FOR HIGHWAY DIVISION PERSONNEL COSTS, TO PROVIDE THAT THREE CENTS A GALLON SHALL BE USED FOR HIGHWAY PERSONNEL WHO SHALL BE STATE EMPLOYEES PAID FROM THE STATE GENERAL FUND, TO REQUIRE THE REMAINING GASOLINE AND OTHER MOTOR FUELS TAX REVENUES TO BE CREDITED TO THE GENERAL FUND OF THE STATE AND LEVY THE TAXES FOR THAT PURPOSE, AND TO REQUIRE THE HIGHWAY DIVISION TO EXHAUST PRIOR STATE HIGHWAY FUND REVENUE BEFORE EXPENDING CURRENT REVENUES.
A. Notwithstanding the provisions of Chapter 27 of Title 12 of the 1976 Code relating to the disposition of gasoline and other motor fuel revenues, after June 30, 1993, the tax revenue from four and eighty-four one hundredths cents on each gallon of gasoline or other motor fuels must be credited to the State Highway Fund and used for the personnel costs of the Highway Division of the Department of Transportation, and three cents a gallon must be used to pay department personnel who shall be state employees to be paid from the state general fund as provided by the General Assembly in the annual general appropriations act. All other gasoline and other motor fuels tax revenues must be credited to the general fund of the state and to this extent, these taxes are levied for the general operations of state government. No current revenues of the State Highway Fund may be expended by the Highway Division until all revenues in the fund attributable to prior fiscal years are first exhausted.
B. This section takes effect July 1, 1993./
Renumber sections & amend totals/title to conform.
Rep. McLEOD explained the amendment.
Rep. FARR moved to table the amendment, which was agreed to.
The motion of Rep. KIRSH to reconsider the vote whereby Amendment No. 396 was rejected was taken up.
Rep. MEACHAM spoke in favor of the motion to reconsider.
Rep. FELDER spoke against the motion to reconsider and moved to table the motion to reconsider.
Rep. MEACHAM demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Askins Bailey, J. Barber Boan Breeland Brown, H. Brown, J. Byrd Canty Carnell Cobb-Hunter Cromer Delleney Felder Gamble Gonzales Govan Graham Harrelson Harris, J. Harris, P. Harvin Hines Holt Inabinett Jennings Keegan Kelley Kennedy Kirsh Law Marchbanks Martin Mattos McAbee McCraw McElveen McKay Moody-Lawrence Neal Neilson Rhoad Rogers Rudnick Scott Sheheen Smith, D. Smith, R. Spearman Stille Stone Waites Whipper White Wilder, J. Williams Witherspoon Worley
Those who voted in the negative are:
Allison Anderson Baker Baxley Beatty Brown, G. Cato Chamblee Clyborne Davenport Fair Hallman Harrell Harrison Haskins Hutson Jaskwhich Kinon Klauber Koon Lanford Littlejohn McMahand McTeer Meacham Quinn Richardson Riser Robinson Sharpe Shissias Simrill Snow Stuart Thomas Trotter Tucker Vaughn Walker Wells Wilder, D. Wilkins Wofford Wright Young, A.
So, the motion to reconsider was tabled.
The motion of Rep. DAVENPORT to reconsider the vote whereby Amendment No. 422 was tabled was taken up.
Rep. SNOW moved to table the motion to reconsider.
Rep. CARNELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Allison Baker Baxley Brown, G. Cato Clyborne Cromer Gamble Gonzales Harrell Harrelson Hines Hutson Jaskwhich Jennings Keegan Kelley Kennedy Kinon Kirsh Koon Marchbanks Martin McKay Meacham Neilson Rhoad Riser Robinson Rogers Sharpe Sheheen Simrill Snow Trotter Vaughn Wilkins Witherspoon Worley Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Anderson Bailey, J. Barber Beatty Breeland Brown, H. Brown, J. Byrd Carnell Chamblee Cobb-Hunter Corning Davenport Delleney Fair Felder Fulmer Govan Graham Hallman Harris, P. Harrison Harvin Holt Inabinett Klauber Lanford Law Littlejohn Mattos McAbee McCraw McElveen McLeod McMahand McTeer Moody-Lawrence Neal Quinn Richardson Rudnick Scott Shissias Smith, D. Smith, R. Spearman Stille Stone Stuart Thomas Townsend Tucker Waites Walker Whipper White Wilder, D. Wilder, J. Wilkes Williams Wofford
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider.
Rep. CARNELL demanded the yeas and nays, which were not ordered.
The motion to reconsider was agreed to by a division vote of 60 to 43.
Rep. CARNELL spoke in favor of the amendment.
Rep. CLYBORNE spoke against the amendment.
Rep. SNOW spoke against the amendment.
Rep. P. HARRIS spoke in favor of the amendment.
Rep. CLYBORNE moved to table the amendment.
Rep. CARNELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Baker Barber Baxley Boan Brown, G. Cato Clyborne Corning Cromer Fulmer Gamble Gonzales Hallman Harrell Harrelson Harris, J. Harrison Hines Hodges Huff Jaskwhich Jennings Keegan Kelley Kennedy Kinon Kirsh Koon Marchbanks Martin Mattos McKay Meacham Neilson Quinn Rhoad Riser Robinson Rogers Sharpe Simrill Smith, R. Snow Stone Thomas Trotter Vaughn Walker Wells Wilkins Witherspoon Worley Wright Young, A. Young, R.
Those who voted in the negative are:
Anderson Bailey, J. Beatty Breeland Brown, H. Brown, J. Byrd Canty Carnell Chamblee Cobb-Hunter Delleney Fair Farr Felder Govan Graham Harris, P. Haskins Holt Houck Hutson Inabinett Klauber Lanford Law Littlejohn McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Richardson Rudnick Scott Sheheen Shissias Spearman Stille Stuart Townsend Tucker Waites Whipper White Wilder, D. Wilder, J. Wilkes
So, the amendment was tabled.
Rep. McABEE proposed the following Amendment No. 509 (Doc Name L:\council\legis\amend\DKA\4460HC.93), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, page 651, by striking SECTION 19 and inserting:
TO AMEND THE 1976 CODE BY ADDING ARTICLE 20 IN CHAPTER 21 OF TITLE 12, RELATING TO LICENSE TAXES, BY ENACTING THE VIDEO GAME MACHINES ACT, SO AS TO REGULATE AND TAX VIDEO GAMES WITH A FREE PLAY FEATURE, PROVIDE FOR THE DISPOSITION OF THE TAX REVENUE, REQUIRE A ONE-TIME NONREFUNDABLE FEE OF FIVE HUNDRED DOLLARS ON CERTAIN MACHINES FOR USE BY THE TAX COMMISSION IN BUYING AND INSTALLING METERING DEVICES AND PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 12-21-2726, AS AMENDED, AND 12-21-2738, RELATING TO LICENSING OF COIN-OPERATED MACHINES AND DEVICE LICENSES AND PENALTIES, SO AS TO REVISE REQUIREMENTS AND INCREASE CERTAIN PENALTIES; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO OFFENSES CLASSIFIED AS FELONIES, SO AS TO ADD THE FELONIES CREATED BY THIS SECTION; AND TO REPEAL SECTION 12-21-2732 RELATING TO AN OBSOLETE LICENSE ATTACHMENT REQUIREMENT.
A. Title 12, Chapter 21 of the 1976 Code is amended by adding:
Section 12-21-2770. This article may be cited as the Video Game Machines Act.
Section 12-21-2772. As used in this article:
(1) 'Associated equipment' means a proprietary device, machine, or part used in the manufacture or maintenance of a video game machine including, but not limited to, integrated circuit chips, printed wired assembly, printed wired boards, printing mechanisms, video display monitors, and metering devices.
(2) 'Commission' means the South Carolina Tax Commission.
(3) 'Distributor' means any person who buys and sells, or leases video machines or associated equipment in this State. A distributor may also own, operate, service, or repair video machines in this State.
(4) 'Licensed establishment' means an establishment owned or managed by a person who is licensed pursuant to Article 19 of this chapter for the location of coin-operated nonpayout video machines with a free play feature.
(5) 'Machine' means an electronic video games machine that, upon insertion of cash, is available to play or simulate the play of games as authorized by the commission utilizing a video display and microprocessors in which, by chance, the player may receive free games or credits that can be redeemed for cash.
(6) 'Manufacturer' means any person that manufactures or assembles and programs machines or associated replacement equipment authorized for sale or use in this State.
(7) 'Net machine income' means money put into the machine minus money paid out in cash. 'Gross machine income' means the sum of all cash/money put into the machine.
(8) 'Machine owner' means any person, other than a distributor, who owns and operates, maintains, repairs, or services one or more machines in licensed establishments. For purposes of this article 'owner/operator' is defined the same as 'machine owner'.
(9) 'Contraband device/equipment' or 'gray area machine' means any unlicensed machine.
(10) 'Credit payback value' means the expected payback value of one credit played.
Section 12-21-2774. Each machine licensed under this chapter:
(1) may not have any means of manipulation that affect the random probabilities of winning a video game;
(2) shall have one or more mechanisms that accept only coins or cash in the form of bills. The mechanisms must be designed to prevent obtaining credits without paying by stringing, slamming, drilling, or other means;
(3) must have a commission supplied or approved metering device that keeps a record of all cash (total coin accepted and total credit generated by the bill acceptor) inserted into the machine, credits played for video games and credits won by video players and refunds of winnings and other information as prescribed by the commission;
(4) must be capable of being accessed on demand by telecommunication from a central computer for purposes of polling or reading device activities and for central computer remote shutdown of machine operations.
Section 12-21-2776. (A) All machines must be registered and licensed by the commission under procedures and guidelines issued by the commission.
(B) By July 1, 1994, all machines registered and licensed by the commission must be equipped with a commission supplied or approved metering device. Each machine owner, operator, or licensed establishment must establish and implement cash controls required by the commission.
Section 12-21-2778. (A) A machine must have a credit payback value of at least seventy percent. The commission shall establish the mechanism for ensuring that the machines comply with this section.
(B) Financial inducements that are not electronically generated from the operation of these machines are not allowed to entice people to play, nor may these machines be linked together to produce a bonus or jackpot.
Section 12-21-2779. A machine may not allow more than three dollars to be placed on a game or award won games or credits in excess of the value of five hundred dollars. Violation of the provisions of this section are considered intent to interfere with the proper operation of a machine in accordance with Section 12-21-2794.
Section 12-21-2780. Each machine must be licensed pursuant to Article 19 of this chapter by the commission before placement or operation on the premises of a licensed establishment. Each machine must have the license prominently displayed pursuant to Article 19 of this chapter.
Section 12-21-2781. A seal must be affixed to the commission supplied or approved metering device which corresponds to the license as set forth in Section 12-21-2780.
Section 12-21-2782. The commission shall promulgate regulations regarding the types of machines and equipment that must be licensed and the costs associated with inspection. Notwithstanding the provisions of Section 12-21-2774(1), any machine of a type licensed as of July 1, 1993, in this State and which satisfies the conditions of Section 12-21-2776(B) may continue to operate for five years from July 1, 1993.
Section 12-21-2783. Where the machines are located in buildings that have less than twelve hundred and fifty square feet and the predominant business is selling food or other items for off premise consumption, there is a limit of five machines in that location.
Section 12-21-2784. Each machine manufacturer, distributor, operator, and licensed establishment must be licensed by the commission pursuant to Article 19 of this chapter and this article before a machine or associated equipment is manufactured, distributed, sold, or placed for public use in this State.
Section 12-21-2786. A person licensed as a machine manufacturer, distributor, operator, or licensed establishment may be required to submit to a background investigation. This includes each partner of a partnership and each director and officer and all stockholders of ten percent or more in a parent or subsidiary corporation of a machine manufacturer, distributor, or operator. A person who has been convicted of a state or federal crime relating to gaming or gambling, for which a sentence of imprisonment for two or more years may be imposed, may not be licensed under this article. The commission shall promulgate regulations to establish the criteria for the investigation and to establish additional requirements to preserve the integrity and security of the industry.
Section 12-21-2788. The placement of machines in licensed establishments is subject to the provisions of Article 19 of this chapter and the regulations promulgated by the commission. No person under twenty-one years of age may play the machines described in this article.
Section 12-21-2790. The commission shall deny or revoke an establishment license for machine placement that does not meet the requirements of Section 12-21-2788.
Section 12-21-2792. (A) Beginning July 1, 1995, ten percent of the net machine income must be remitted to the commission twice a month on a schedule determined by the commission. Beginning July 1, 1996, twenty percent of the net machine income must be remitted to the commission twice a month on a schedule determined by the commission. The revenue must be remitted by electronic transfer in a manner provided by the commission. All payments not remitted when due must be paid together with a penalty under the provisions of Section 12-54-40.
(B) Revenues generated pursuant to this section must be distributed as follows:
(1) twenty percent to state aid to education;
(2) fifteen percent to the municipalities and counties where the machines are located;
(3) a sum sufficient to support the enforcement of this article but not to exceed twenty percent to the commission;
(4) forty-five percent and any excess funds existing under item (3) of this subsection to the general fund of the State.
(C) A machine owner, operator, or licensed establishment who falsely reports or wilfully fails to report the amount due required by this section is guilty of a felony and, upon conviction, must be imprisoned not less than one year nor more than five years. In addition, the person must have his license revoked by the commission for not less than three years nor more than ten years.
Section 12-21-2794. It is unlawful to tamper with a machine with intent to interfere with its proper operation. A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned not more than one year or fined not more than five thousand dollars, or both.
Section 12-21-2795. Skimming of machine proceeds is the intentional excluding, or the taking of any action in an attempt to exclude anything or its value from the deposit, counting, collection, or computation of revenues from machines. Whoever commits skimming of machine proceeds is guilty of a felony and, upon conviction, must be imprisoned for not less than one year nor more than ten years, without benefit of probation, parole, or suspension of sentence, and may be fined not more than twenty-five thousand dollars.
Section 12-21-2796. A person who, with intent to manipulate the outcome, payoff, or operation of a machine, manipulate the outcome, payoff, or operation of a machine by physical tampering or any other means is guilty of a felony and, upon conviction, must be imprisoned not less than one year nor more than five years or fined not more than one thousand dollars, or both.
Section 12-21-2797. A machine owner or distributor who wilfully places a machine on location or who wilfully causes a machine to be operated without the state supplied or approved metering device is guilty of a felony and, upon conviction, must be imprisoned for not less than one year nor more than ten years, without benefit of probation, parole, or suspension of sentence, and may be fined not more than twenty-five thousand dollars.
Section 12-21-2798. The commission shall promulgate regulations pertaining to the machines and persons licensed by it. These regulations must include, but are not limited to:
(1) prohibiting the acceptance of checks or credit cards exclusively for playing the machines;
(2) prohibiting the extension of credit, advances, or loans for playing the machines;
(3) assuring access is limited to persons twenty-one years of age or older;
(4) prohibiting the use of any type of advertisement to promote the play of the machines;
(5) the mechanism for transmitting revenue, service, and access information, as well as revenue amounts owed electronically;
(6) the mechanism for verifying information transmitted to the commission;
(7) establishment of guidelines for licensing and review of licensing decisions, including background investigations and license revocation;
(8) other information considered necessary by the commission to carry out the provisions of this article.
Section 12-21-2799. In addition to all other licenses and fees required by law, there is levied on all licenses issued pursuant to Section 12-21-2720(A)(3) after June 30, 1993, a one-time nonrefundable fee of five hundred dollars to be placed in an interest-bearing account to be used by the Tax Commission to purchase and install devices to facilitate the administration of Articles 19 and 20 of Chapter 21 of this title. Any funds in the account at the end of a fiscal year must be carried forward by the commission.
Section 12-21-2800. (A) The commission annually shall issue the following licenses to qualified persons who meet the definitions provided for in Section 12-21-2772 and who comply with the provisions of this article:
(1) Manufacturer $5,000
(2) Distributor $3,000
(3) Machine Owner $2,000
(4) Licensed Establishment $100
(B) A machine owner shall pay a machine owner fee for the privilege of owning and operating machines and is not required to pay more than one such fee.
(C) The machine owner fee is due and payable in addition to any licensed establishment fee resulting from the placement of machine at that establishment. If more than one machine is placed at a licensed establishment, only one licensed establishment fee is due for that establishment.
(D) No license may be issued under this section unless the applicant for a license or renewal presents to the commission a signed statement from the commission and from the Internal Revenue Service showing that the applicant does not owe the state or federal government any delinquent taxes, penalties, or interest.
(E) No distributor, machine owner, or licensed establishment may be issued a license under this section unless the distributor, machine owner, or licensed establishment has been a resident of South Carolina for two years. The commission shall require a statement of residency to be filed with the commission as part of the application process on forms and in a manner prescribed by the commission."
B. Section 12-21-2726 of the 1976 Code, as last amended by Act 170 of 1987, is further amended to read:
"Section 12-21-2726. Every person who maintains for use or permits the use of, on any a place or premises occupied by him, any a machine subject to the license imposed by this article shall by way of proof of licensing must have a current license displayed conspicuously on the front of the machine. attached to the machine, or alternatively the person shall have in his possession and produce on demand a receipt for a cashier's check, money order, or certified check not more than thirty days old made payable to the order of the South Carolina Tax Commission showing thereon the name or model except that those machines described in and licensed as item (3) machines may by way of proof of licensing have a current license on display at the premises occupied by him showing only the following information:
(1) the type of machine;
(2) the number of machines; and
(3) location showing the address of the machines. The owners of those machines described in and licensed as item (3) machines are specifically allowed to take advantage of those provisions of the United States Code which also authorize a tax credit for state-imposed taxes."
C. Section 12-21-2738 of the 1976 Code is amended to read:
"Section 12-21-2738. (A) Any person who fails, neglects, or refuses to comply with the terms and provisions of this article or who fails to attach the required license to any machine, apparatus, billiard, or pocket billiard table, as herein required, is subject to a penalty of fifty dollars for each failure, and the penalty must be assessed and collected by the Commission. A person may not:
(1) fail, neglect, or refuse to comply with the terms and provisions of this article;
(2) fail to attach the required license to a machine, an apparatus, a billiard, or a pocket billiard table; or
(3) fail to display conspicuously the required license on the machine.
(B) A person who violates subsection (A) is subject to a penalty of:
(1) fifty dollars for devices in Sections 12-21-2720(A)(1) and 12-21-2730;
(2) one hundred dollars for devices in Section 12-21-2720(A)(2);
(3) five hundred dollars for devices in Section 12-21-2720(A)(3)
for each failure, and the penalty must be assessed and collected by the commission.
(C) For purposes of the violation in item (3) of subsection (A), each machine by type in excess of the appropriate license displayed constitutes a separate violation.
(D) In addition to the penalty in this section, an unlicensed machine is considered to have been on location as of June first of the licensing period, and the full annual license amount must be collected."
D. Notwithstanding the provisions of items (A) through (F) of Section 10, Part II, Act 501 of 1992, relating to biennial licenses for coin-operated devices, for the licensing period beginning June 1, 1995, the license fee for a machine licensed under Section 12-21-2720(A)(3) of the 1976 Code is three thousand dollars for a one year period. For the licensing period beginning June 1, 1996, the license fee for these machines is eight hundred twenty-five dollars and for the licensing period beginning June 1, 1997 and thereafter, there is no license fee required under Section 12-27-2720(A)(3) of the 1976 Code.
E. Section 12-21-2732 of the 1976 Code is repealed.
F. Section 16-1-10 of the 1976 Code is amended by including the felonies created by the Video Game Machines Act.
G. This section is effective after June 30, 1994, except that:
(1) Section 12-21-2800 of the 1976 Code, as added by Subsection A of this section is effective after June 30, 1993;
(2) Subsection B of this section is effective after June 30, 1993;
(3) Subsection C of this section is effective for licenses issued after May 31, 1993;
(4) Subsection D is effective after June 30, 1993./
Renumber sections & amend totals/title to conform.
Rep. McABEE moved to table the amendment, which was agreed to.
Rep. RICHARDSON proposed the following Amendment No. 562 (Doc Name L:\Council\Legis\Amend\WWW\30049DW.93), which was rejected.
Amend the bill, as and if amended, Part II, Permanent Provisions, page 651, by striking SECTION 19 and inserting:
TO AMEND THE 1976 CODE BY ADDING ARTICLE 20 IN CHAPTER 21 OF TITLE 12, RELATING TO LICENSE TAXES, BY ENACTING THE VIDEO GAME MACHINES ACT, SO AS TO REGULATE AND TAX VIDEO GAMES WITH A FREE PLAY FEATURE, PROVIDE FOR THE DISPOSITION OF THE TAX REVENUE, REQUIRE A ONE-TIME NONREFUNDABLE FEE OF FIVE HUNDRED DOLLARS ON CERTAIN MACHINES FOR USE BY THE TAX COMMISSION IN BUYING AND INSTALLING METERING DEVICES AND PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 12-21-2726, AS AMENDED, AND 12-21-2738, RELATING TO LICENSING OF COIN-OPERATED MACHINES AND DEVICE LICENSES AND PENALTIES, SO AS TO REVISE REQUIREMENTS AND INCREASE CERTAIN PENALTIES; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO OFFENSES CLASSIFIED AS FELONIES, SO AS TO ADD THE FELONIES CREATED BY THIS SECTION; AND TO REPEAL SECTION 12-21-2732 RELATING TO AN OBSOLETE LICENSE ATTACHMENT REQUIREMENT.
A. Title 12, Chapter 21 of the 1976 Code is amended by adding:
Section 12-21-2770. This article may be cited as the Video Game Machines Act.
Section 12-21-2772. As used in this article:
(1) 'Associated equipment' means a proprietary device, machine, or part used in the manufacture or maintenance of a video game machine including, but not limited to, integrated circuit chips, printed wired assembly, printed wired boards, printing mechanisms, video display monitors, and metering devices.
(2) 'Commission' means the South Carolina Tax Commission.
(3) 'Distributor' means any person who buys and sells, or leases video machines or associated equipment in this State. A distributor may also own, operate, service, or repair video machines in this State.
(4) 'Licensed establishment' means an establishment owned or managed by a person who is licensed pursuant to Article 19 of this chapter for the location of coin-operated nonpayout video machines with a free play feature.
(5) 'Machine' means an electronic video games machine that, upon insertion of cash, is available to play or simulate the play of games as authorized by the commission utilizing a video display and microprocessors in which, by chance, the player may receive free games or credits that can be redeemed for cash.
(6) 'Manufacturer' means any person that manufactures or assembles and programs machines or associated replacement equipment authorized for sale or use in this State.
(7) 'Net machine income' means money put into the machine minus money paid out in cash. 'Gross machine income' means the sum of all cash/money put into the machine.
(8) 'Machine owner' means any person, other than a distributor, who owns and operates, maintains, repairs, or services one or more machines in licensed establishments. For purposes of this article 'owner/operator' is defined the same as 'machine owner'.
(9) 'Contraband device/equipment' or 'gray area machine' means any unlicensed machine.
(10) 'Credit payback value' means the expected payback value of one credit played.
Section 12-21-2774. Each machine licensed under this chapter:
(1) may not have any means of manipulation that affect the random probabilities of winning a video game;
(2) shall have one or more mechanisms that accept only coins or cash in the form of bills. The mechanisms must be designed to prevent obtaining credits without paying by stringing, slamming, drilling, or other means;
(3) must have a commission supplied or approved metering device that keeps a record of all cash (total coin accepted and total credit generated by the bill acceptor) inserted into the machine, credits played for video games and credits won by video players and refunds of winnings and other information as prescribed by the commission;
(4) must be capable of being accessed on demand by telecommunication from a central computer for purposes of polling or reading device activities and for central computer remote shutdown of machine operations.
Section 12-21-2776. (A) All machines must be registered and licensed by the commission under procedures and guidelines issued by the commission.
(B) By July 1, 1994, all machines registered and licensed by the commission must be equipped with a commission supplied or approved metering device. Each machine owner, operator, or licensed establishment must establish and implement cash controls required by the commission.
Section 12-21-2778. (A) A machine must have a credit payback value of at least seventy percent. The commission shall establish the mechanism for ensuring that the machines comply with this section.
(B) Financial inducements that are not electronically generated from the operation of these machines are not allowed to entice people to play, nor may these machines be linked together to produce a bonus or jackpot.
Section 12-21-2779. A machine may not allow more than three dollars to be placed on a game or award won games or credits in excess of the value of five hundred dollars. Violation of the provisions of this section are considered intent to interfere with the proper operation of a machine in accordance with Section 12-21-2794.
Section 12-21-2780. Each machine must be licensed pursuant to Article 19 of this chapter by the commission before placement or operation on the premises of a licensed establishment. Each machine must have the license prominently displayed pursuant to Article 19 of this chapter.
Section 12-21-2781. A seal must be affixed to the commission supplied or approved metering device which corresponds to the license as set forth in Section 12-21-2780.
Section 12-21-2782. The commission shall promulgate regulations regarding the types of machines and equipment that must be licensed and the costs associated with inspection. Notwithstanding the provisions of Section 12-21-2774(1), any machine of a type licensed as of July 1, 1993, in this State and which satisfies the conditions of Section 12-21-2776(B) may continue to operate for five years from July 1, 1993.
Section 12-21-2783. Where the machines are located in buildings that have less than twelve hundred and fifty square feet and the predominant business is selling food or other items for off premise consumption, there is a limit of five machines in that location.
Section 12-21-2784. Each machine manufacturer, distributor, operator, and licensed establishment must be licensed by the commission pursuant to Article 19 of this chapter and this article before a machine or associated equipment is manufactured, distributed, sold, or placed for public use in this State.
Section 12-21-2786. A person licensed as a machine manufacturer, distributor, operator, or licensed establishment may be required to submit to a background investigation. This includes each partner of a partnership and each director and officer and all stockholders of ten percent or more in a parent or subsidiary corporation of a machine manufacturer, distributor, or operator. A person who has been convicted of a state or federal crime relating to gaming or gambling, for which a sentence of imprisonment for two or more years may be imposed, may not be licensed under this article. The commission shall promulgate regulations to establish the criteria for the investigation and to establish additional requirements to preserve the integrity and security of the industry.
Section 12-21-2788. The placement of machines in licensed establishments is subject to the provisions of Article 19 of this chapter and the regulations promulgated by the commission. No person under twenty-one years of age may play the machines described in this article.
Section 12-21-2790. The commission shall deny or revoke an establishment license for machine placement that does not meet the requirements of Section 12-21-2788.
Section 12-21-2792. (A) Beginning July 1, 1993, ten percent of the net machine income must be remitted to the commission twice a month on a schedule determined by the commission. Beginning July 1, 1994, thirty percent of the net machine income must be remitted to the commission twice a month on a schedule determined by the commission. The revenue must be remitted by electronic transfer in a manner provided by the commission. All payments not remitted when due must be paid together with a penalty under the provisions of Section 12-54-40.
(B) Revenues generated pursuant to this section must be distributed as follows:
(1) twenty percent to state aid to education;
(2) fifteen percent to the municipalities and counties where the machines are located;
(3) a sum sufficient to support the enforcement of this article but not to exceed twenty percent to the commission;
(4) forty-five percent and any excess funds existing under item (3) of this subsection to the general fund of the State.
(C) A machine owner, operator, or licensed establishment who falsely reports or wilfully fails to report the amount due required by this section is guilty of a felony and, upon conviction, must be imprisoned not less than one year nor more than five years. In addition, the person must have his license revoked by the commission for not less than three years nor more than ten years.
Section 12-21-2794. It is unlawful to tamper with a machine with intent to interfere with its proper operation. A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned not more than one year or fined not more than five thousand dollars, or both.
Section 12-21-2795. Skimming of machine proceeds is the intentional excluding, or the taking of any action in an attempt to exclude anything or its value from the deposit, counting, collection, or computation of revenues from machines. Whoever commits skimming of machine proceeds is guilty of a felony and, upon conviction, must be imprisoned for not less than one year nor more than ten years, without benefit of probation, parole, or suspension of sentence, and may be fined not more than twenty-five thousand dollars.
Section 12-21-2796. A person who, with intent to manipulate the outcome, payoff, or operation of a machine, manipulate the outcome, payoff, or operation of a machine by physical tampering or any other means is guilty of a felony and, upon conviction, must be imprisoned not less than one year nor more than five years or fined not more than one thousand dollars, or both.
Section 12-21-2797. A machine owner or distributor who wilfully places a machine on location or who wilfully causes a machine to be operated without the state supplied or approved metering device is guilty of a felony and, upon conviction, must be imprisoned for not less than one year nor more than ten years, without benefit of probation, parole, or suspension of sentence, and may be fined not more than twenty-five thousand dollars.
Section 12-21-2798. The commission shall promulgate regulations pertaining to the machines and persons licensed by it. These regulations must include, but are not limited to:
(1) prohibiting the acceptance of checks or credit cards exclusively for playing the machines;
(2) prohibiting the extension of credit, advances, or loans for playing the machines;
(3) assuring access is limited to persons twenty-one years of age or older;
(4) prohibiting the use of any type of advertisement to promote the play of the machines;
(5) the mechanism for transmitting revenue, service, and access information, as well as revenue amounts owed electronically;
(6) the mechanism for verifying information transmitted to the commission;
(7) establishment of guidelines for licensing and review of licensing decisions, including background investigations and license revocation;
(8) other information considered necessary by the commission to carry out the provisions of this article.
Section 12-21-2799. In addition to all other licenses and fees required by law, there is levied on all licenses issued pursuant to Section 12-21-2720(A)(3) after June 30, 1993, a one-time nonrefundable fee of five hundred dollars to be placed in an interest-bearing account to be used by the Tax Commission to purchase and install devices to facilitate the administration of Articles 19 and 20 of Chapter 21 of this title. Any funds in the account at the end of a fiscal year must be carried forward by the commission.
Section 12-21-2800. (A) The commission annually shall issue the following licenses to qualified persons who meet the definitions provided for in Section 12-21-2772 and who comply with the provisions of this article:
(1) Manufacturer $5,000
(2) Distributor $3,000
(3) Machine Owner $2,000
(4) Licensed Establishment $ 100.
(B) A machine owner shall pay a machine owner fee for the privilege of owning and operating machines and is not required to pay more than one such fee.
(C) The machine owner fee is due and payable in addition to any licensed establishment fee resulting from the placement of machine at that establishment. If more than one machine is placed at a licensed establishment, only one licensed establishment fee is due for that establishment.
(D) No license may be issued under this section unless the applicant for a license or renewal presents to the commission a signed statement from the commission and from the Internal Revenue Service showing that the applicant does not owe the state or federal government any delinquent taxes, penalties, or interest.
(E) No distributor, machine owner, or licensed establishment may be issued a license under this section unless the distributor, machine owner, or licensed establishment has been a resident of South Carolina for two years. The commission shall require a statement of residency to be filed with the commission as part of the application process on forms and in a manner prescribed by the commission."
B. Section 12-21-2726 of the 1976 Code, as last amended by Act 170 of 1987, is further amended to read:
"Section 12-21-2726. Every person who maintains for use or permits the use of, on any a place or premises occupied by him, any a machine subject to the license imposed by this article shall by way of proof of licensing must have a current license displayed conspicuously on the front of the machine. attached to the machine, or alternatively the person shall have in his possession and produce on demand a receipt for a cashier's check, money order, or certified check not more than thirty days old made payable to the order of the South Carolina Tax Commission showing thereon the name or model except that those machines described in and licensed as item (3) machines may by way of proof of licensing have a current license on display at the premises occupied by him showing only the following information:
(1) the type of machine;
(2) the number of machines; and
(3) location showing the address of the machines. The owners of those machines described in and licensed as item (3) machines are specifically allowed to take advantage of those provisions of the United States Code which also authorize a tax credit for state-imposed taxes."
C. Section 12-21-2738 of the 1976 Code is amended to read:
"Section 12-21-2738. (A) Any person who fails, neglects, or refuses to comply with the terms and provisions of this article or who fails to attach the required license to any machine, apparatus, billiard, or pocket billiard table, as herein required, is subject to a penalty of fifty dollars for each failure, and the penalty must be assessed and collected by the Commission. A person may not:
(1) fail, neglect, or refuse to comply with the terms and provisions of this article;
(2) fail to attach the required license to a machine, an apparatus, a billiard, or a pocket billiard table; or
(3) fail to display conspicuously the required license on the machine.
(B) A person who violates subsection (A) is subject to a penalty of:
(1) two hundred dollars for devices in Sections 12-21-2720(A)(1) and 12-21-2730;
(2) two hundred dollars for devices in Section 12-21-2720(A)(2);
(3) twenty five hundred dollars for devices in Section 12-21-2720(A)(3)
for each failure, and the penalty must be assessed and collected by the commission.
(C) For purposes of the violation in item (3) of subsection (A), each machine by type in excess of the appropriate license displayed constitutes a separate violation.
(D) In addition to the penalty in this section, an unlicensed machine is considered to have been on location as of June first of the licensing period, and the full annual license amount must be collected."
D. Notwithstanding the provisions of items (A) through (F) of Section 10, Part II, Act 501 of 1992, relating to biennial licenses for coin-operated devices, for the licensing period beginning June 1, 1994, the license fee for a machine licensed under Section 12-21-2720(A)(3) of the 1976 Code is three thousand dollars.
E. Section 12-21-2732 of the 1976 Code is repealed.
F. Section 16-1-10 of the 1976 Code is amended by including the felonies created by the Video Game Machines Act.
G. This section is effective after June 30, 1994, except that:
(1) Section 12-21-2800 of the 1976 Code, as added by Subsection A of this section is effective after June 30, 1993;
(2) Subsection B of this section is effective after June 30, 1993;
(3) Subsection C of this section is effective for licenses issued after May 31, 1993;
(4) Subsection D is effective after June 30, 1993./
Renumber sections & amend totals/title to conform.
Rep. RICHARDSON explained the amendment.
Rep. HODGES raised the Point of Order that Amendment No. 562 was out of order as it was the same as a previous amendment debated by the House.
The SPEAKER stated that it was not the same as the previous amendment and he overruled the Point of Order.
Rep. HODGES further raised the Point of Order that Amendment No. 562 was out of order as it was not germane as it did not relate to Part I of the Bill and the thrust of the amendment was to create a regulatory framework for state law to deal with video machines and it also amended a provision in Section 16-1-10, which dealt with criminal classifications.
Rep. RICHARDSON argued contra the Point in stating that the focus was on the budget and it was not about criminology.
Rep. HODGES stated that if it was similar to the previous amendment debated by the House, then it did not take effect until July 1, 1994.
Rep. RICHARDSON stated that in his amendment the fees would take effect on July 1, 1993 or immediately when approved by the Governor.
The SPEAKER stated that it did affect revenue and although it may have sections which do not, that it generally dealt with the expenditure of revenues and regulations concerning the revenues and he overruled the Point of Order.
Rep. RICHARDSON continued speaking.
Rep. J. BROWN moved to table the amendment.
Rep. FAIR demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Askins Baker Baxley Boan Brown, J. Byrd Carnell Cato Clyborne Cooper Davenport Delleney Fair Felder Harris, J. Harrison Haskins Hodges Huff Hutson Jaskwhich Kirsh Marchbanks Mattos McAbee McKay McTeer Meacham Neal Quinn Rhoad Robinson Rudnick Scott Sharpe Sheheen Simrill Smith, R. Snow Stone Trotter Tucker Vaughn Waites Waldrop Wells Wilder, D. Wilder, J. Worley Young, A.
Those who voted in the negative are:
Allison Anderson Barber Beatty Breeland Brown, G. Brown, H. Chamblee Cobb-Hunter Corning Cromer Farr Fulmer Gamble Gonzales Graham Hallman Harrell Harrelson Harvin Hines Houck Jennings Keegan Kelley Kennedy Klauber Koon Lanford Law Littlejohn McCraw McElveen McLeod McMahand Moody-Lawrence Neilson Richardson Riser Rogers Shissias Smith, D. Spearman Stille Stuart Thomas Townsend Walker White Wilkes Williams Wofford Wright Young, R.
So, the House refused to table the amendment.
Rep. HODGES spoke against the amendment.
Rep. HUFF raised the Point of Order that Amendment No. 562 was out of order as the money was not appropriated in Section 19 in Part I of the Bill.
The SPEAKER stated that it did strike Section 19 and the monies were to be deposited in Part I and he overruled the Point of Order.
Rep. HUFF further raised the Point of Order that Section 19 was out of order as it was not germane and if the Section was not germane, then the amendment would fall.
Rep. RICHARDSON stated that the money would go to the Tax Commission.
The SPEAKER stated, citing page 27 of Thursday's Journal, that Section 19 was amended by two amendments on Thursday and it was germane as amended and he overruled the Point of Order.
The question then recurred to the adoption of the amendment.
Rep. BOAN moved that the House do now adjourn, which was rejected by a division vote of 48 to 53.
The question then recurred to the adoption of the amendment.
Rep. FAIR demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey, J. Beatty Breeland Brown, G. Chamblee Cobb-Hunter Cromer Fulmer Gamble Gonzales Hallman Harrell Harrelson Harvin Inabinett Keegan Kelley Kennedy Koon Law Littlejohn Martin McElveen McLeod Richardson Riser Rogers Sharpe Shissias Stuart Townsend Walker White Wilkes Williams Witherspoon Worley Wright
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Anderson Askins Baker Barber Baxley Boan Brown, H. Brown, J. Byrd Carnell Cato Clyborne Cooper Davenport Delleney Fair Farr Felder Graham Harris, J. Harrison Haskins Hines Hodges Holt Houck Huff Hutson Jaskwhich Kinon Kirsh Klauber Lanford Marchbanks Mattos McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Quinn Rhoad Robinson Rudnick Scott Sheheen Simrill Smith, D. Smith, R. Snow Spearman Stille Stone Trotter Tucker Vaughn Waites Waldrop Wells Wilder, D. Wilder, J. Wofford Young, A. Young, R.
So, the amendment was rejected.
Rep. FARR proposed the following Amendment No. 268 (Doc Name L:\council\legis\amend\JIC\5590HC.93), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, beginning on page 651, by striking SECTION 20 in its entirety.
Renumber sections & amend totals/title to conform.
Rep. FARR moved to table the amendment, which was agreed to.
Reps. MOODY-LAWRENCE, SIMRILL, KIRSH and MEACHAM proposed the following Amendment No. 516 (Doc Name L:\council\legis\amend\DKA\4467AL.93), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, SECTION 20, by adding an appropriately lettered subsection to read:
/__. Section 56-5-4580 of the 1976 Code is amended to read:
"Section 56-5-4580. In addition to other equipment required in this chapter article, the following vehicles listed below shall must be equipped as herein stated provided in this section when operated under the conditions stated in Section 56-5-4570;:
(1) On every bus or truck, whatever its size, there shall be on the rear, two reflectors, one on each side and one stop light;
(2) On every bus or truck eighty inches or more in over-all width, in addition to the requirements in item (1),
(a) on the front, two clearance lamps, one at each side,
(b) on the rear, two clearance lamps, one at each side,
(c) on each side, two side-marker lamps, one at or near the front and one at or near the rear, and
(d) on each side, two reflectors, one at or near the front and one at or near the rear;
(3) On every truck tractor,
(a) on the front, two clearance lamps, one at each side, and
(b) on the rear, one stop light;
(4) On every trailer or semitrailer having a gross weight in excess of three thousand pounds,
(a) on the front, two clearance lamps, one at each side,
(b) on each side, two side-marker lamps, one at or near the front and one at or near the rear,
(c) on each side, two reflectors, one at or near the front and one at or near the rear, and
(d) on the rear, two clearance lamps, one at each side, and also two reflectors, one at each side, and one stop light;
(5) On every pole trailer in excess of three thousand pounds gross weight,
(a) on each side, one side-marker lamp and one clearance lamp, which may be in combination, to show to the front, side and rear, and
(b) on the rear of the pole trailer or load, two reflectors, one at each side; and
(6) On every trailer, semitrailer, or pole trailer weighing three thousand pounds gross or less, there shall be on the rear two reflectors, one on each side. If any a trailer or semitrailer is so loaded or is of such dimensions so as to obscure the stop light on the towing vehicle then such the vehicle shall also must be equipped with one stop light;
(7) On every pole truck or trailer, a strip of light reflecting paint, tape, or reflectors on the external sides of the pole support frame or bolsters, or both."/
Renumber sections & amend totals/title to conform.
Rep. MOODY-LAWRENCE explained the amendment.
Rep. J. BROWN raised the Point of Order that Amendment No. 516 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Reps. FARR, BOAN and McABEE proposed the following Amendment No. 521 (Doc Name L:\council\legis\amend\DKA\4468AL.93), which was tabled.
Amend the bill, as and if amended, Part II, by striking SECTION 20 in its entirety and inserting:
TO AMEND SECTION 56-5-4160 OF THE 1976 CODE, RELATING TO PENALTIES FOR EXCESS TRUCK WEIGHTS, SO AS TO ALLOW THE CRIMINAL PENALTY TO BE SUSPENDED AND PROVIDE FOR PAYMENT OF THE PENALTY TO THE STATE TREASURER FOR THE GENERAL FUND.
A. Section 56-5-4160 of the 1976 Code is amended to read:
"Section 56-5-4160. (A) An officer or agent of the department having reason to believe that the weight of a vehicle and load is unlawful may require the driver to stop and submit to a weighing of the vehicle and load either by means of portable or stationary scales and may require that the vehicle be driven to the nearest public scales. Whenever an officer upon weighing a vehicle and load determines that the weight is unlawful, he may require the driver to stop the vehicle in a suitable place and remain standing until the portion of the load necessary to reduce the gross weight of the vehicle to the limits permitted under this chapter is removed. All material so unloaded must be cared for by the owner or operator of the vehicle at his own risk.
(B) A person who operates a vehicle on a public highway whose axle weight or tandem axle weight is in excess of the limits imposed by Section 56-5-4130 or 56-5-4140 is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days, or both. The criminal penalty imposed pursuant to this section may be suspended by the court.
(C) A person who operates a vehicle found to exceed the excess gross weight limitations imposed by Section 56-5-4130 or 56-5-4140 is guilty of a misdemeanor and, upon conviction, shall pay to the department a fine based on the following scale:
POUNDS OF EXCESS AMOUNT OF FINE
WEIGHT IN DOLLARS
(1) 500 - 1500 lbs.: $ 25.00
(2) 1501 - 2500 lbs.: 45.00
(3) 2501 - 3500 lbs.: 60.00
(4) 3501 - 4250 lbs.: 135.00
(5) 4251 - 5250 lbs.: 180.00
(6) 5251 - 6250 lbs.: 300.00
(7) 6250 - 7250 lbs.: 460.00
(8) 7251 - 8250 lbs.: 600.00
(9) 8251 - 10250 lbs.: 700.00
(10) 10251 - lbs. and over: 800.00
If the operator of the vehicle, upon conviction, fails to remit the fine imposed by this subsection to the department, the owner of the vehicle is responsible for remitting the fine. The court is prohibited from suspending may suspend any portion of this fine.
(D) In determining whether or not the limits established by Section 56-5-4130 or 56-5-4140 have been exceeded, the scaled weights of the gross weight of vehicles and combinations of vehicles are deemed to be not closer than ten percent to the true gross weight, except as otherwise provided in Section 56-5-4140.
(E) Magistrates have jurisdiction of violations of this section. All monies collected pursuant to Section 56-5-4160 must be forwarded to the department State Treasurer by the magistrate within forty-five days for deposit in the state highway general fund. Of the monies collected pursuant to subsection (B), the department shall use this money for upgrading and refurbishing existing weigh stations, including adequate night lighting for enforcement activities and any other safety measures that the department considers necessary. The fine may be deposited with the arresting officer or anyone else the department may designate. The fine must be deposited in full or other arrangements satisfactory to the department for payment must be made before the operator is allowed to move the vehicle. If there is no conviction, the fine must be returned to the owner promptly.
'Conviction' as used in this section, also includes the entry of a plea of guilty or nolo contendere and the forfeiture of bail or collateral deposited to secure a defendant's present in the court.
If the fine is not paid in full to the department within forty-five days after conviction, the license and registration of the vehicle found to exceed the limits imposed by Section 56-5-4130 or 56-5-4140 must be suspended. The owner of the vehicles immediately shall return the license and registration of the vehicle to the department. If a person fails to return them as provided in this section, the department may secure possession of them by a commissioned trooper. The suspension continues until the fine is paid in full.
(F) The department shall provide for a separate uniform citation to be used by the Size and Weigh Division. The uniform citation must be used for all size and weigh violations which the Size and Weigh Division primarily is responsible for enforcing.
(G) The issuance of a uniform citation to the operator of a vehicle for a violation of this section constitutes notice to the owner of the violation. The uniform citation must include the following language in bold letters to be printed across the bottom of the citation 'THE ISSUANCE OF SIZE AND WEIGHT UNIFORM CITATION TO THE OPERATOR OF A VEHICLE CONSTITUTES NOTICE TO THE OWNER OF A SIZE AND WEIGHT VIOLATION'."
B. This section takes effect July 1, 1993./
Renumber sections & amend totals/title to conform.
Rep. FARR moved to table the amendment, which was agreed to.
Rep. BARBER moved that the House do now adjourn.
Rep. WILKINS raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.
Rep. HUTSON proposed the following Amendment No. 527 (Doc Name L:\council\legis\amend\JIC\5649HC.93), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, SECTION 20, page 651, right column, line 39, by striking /to the department/ and inserting /to the department/.
Amend further, page 652, left column, by striking lines 23 through 25 and inserting:
/This assessment must be deposited to the credit of the general fund of the county in which the violation occurred./
Amend further, page 652, left column, beginning on line 32, by striking /Magistrates have jurisdiction of violations of this section/ and inserting /Magistrates have jurisdiction of violations of this section./
Amend further, page 652, right column, by striking lines 3 through 6 and inserting:
/'Conviction' as used in this section, also includes the entry of a plea of guilty or nolo contendere and the forfeiture of bail or collateral deposited to secure a defendant's presence in the court./
Renumber sections & amend totals/title to conform.
Rep. HUTSON explained the amendment.
The amendment was then adopted.
Reps. FARR, BOAN, McABEE and T.C. ALEXANDER proposed the following Amendment No. 539 (Doc Name L:\council\legis\amend\DKA\4469AL.93).
Amend the bill, as and if amended, Part II, by striking SECTION 20 in its entirety and inserting:
TO AMEND SECTION 56-5-4160 OF THE 1976 CODE, RELATING TO PENALTIES FOR EXCESS TRUCK WEIGHTS, SO AS TO PROHIBIT A PERSON BEING CHARGED FOR A VIOLATION OF THE AXLE AND TANDEM AXLE LIMITS AT ONE TIME, TO REDUCE THE FINE UNDER CERTAIN CIRCUMSTANCES, TO INCREASE THE PENALTIES FOR VIOLATIONS OF GROSS WEIGHT LIMITATIONS, TO ALLOW THE CRIMINAL PENALTY TO BE SUSPENDED, PROHIBIT COURT COSTS AND ASSESSMENTS IN ADDITION TO THE CIVIL PENALTY, AND TO PROVIDE FOR PAYMENT OF THE PENALTY TO THE STATE TREASURER FOR THE GENERAL FUND.
A. Section 56-5-4160 of the 1976 Code is amended to read:
"Section 56-5-4160. (A) An officer or agent of the department having reason to believe that the weight of a vehicle and load is unlawful may require the driver to stop and submit to a weighing of the vehicle and load either by means of portable or stationary scales and may require that the vehicle be driven to the nearest public scales. Whenever an officer upon weighing a vehicle and load determines that the weight is unlawful, he may require the driver to stop the vehicle in a suitable place and remain standing until the portion of the load necessary to reduce the gross weight of the vehicle to the limits permitted under this chapter is removed. All material so unloaded must be cared for by the owner or operator of the vehicle at his own risk.
(B) A person who operates a vehicle on a public highway whose axle weight or tandem axle weight is in excess of the limits imposed by Section 56-5-4130 or 56-5-4140 is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days, or both. A person who simultaneously violates both the axle weight or tandem axle weight limits may be charged for only one violation. When the gross weight limits are not exceeded and the axle or tandem axle limits are not exceeded by more than five percent, including enforcement tolerances, the fine imposed must not exceed twenty-five dollars.
(C) A person who operates a vehicle found to exceed the excess gross weight limitations imposed by Section 56-5-4130 or 56-5-4140 is guilty of a misdemeanor and, upon conviction, shall pay to the department a fine based on the following scale:
POUNDS OF EXCESS AMOUNT OF FINE
WEIGHT IN DOLLARS
(1) 500 - 1500 lbs.: $ 25.00
(2) 1501 - 2500 lbs.: 45.00
(3) 2501 - 3500 lbs.: 60.00
(4) 3501 - 4250 lbs.: 135.00
(5) 4251 - 5250 lbs.: 180.00
(6) 5251 - 6250 lbs.: 300.00
(7) 6250 - 7250 lbs.: 460.00
(8) 7251 - 8250 lbs.: 600.00
(9) 8251 - 10250 lbs.: 700.00
(10) 10251 - 11250 lbs. and over: 800.00
For each one thousand pounds in excess of 11250 pounds, an additional fifty dollar fine is imposed.
If the operator of the vehicle, upon conviction, fails to remit the fine imposed by this subsection to the department, the owner of the vehicle is responsible for remitting the fine. The court is prohibited from suspending may suspend any portion of this fine.
(D) In determining whether or not the limits established by Section 56-5-4130 or 56-5-4140 have been exceeded, the scaled weights of the gross weight of vehicles and combinations of vehicles are deemed to be not closer than ten percent to the true gross weight, except as otherwise provided in Section 56-5-4140.
(E) Magistrates have jurisdiction of violations of this section. All monies collected pursuant to Section 56-5-4160 must be forwarded to the department State Treasurer by the magistrate within forty-five days for deposit in the state highway general fund. Of the monies collected pursuant to subsection (B), the department shall use this money for upgrading and refurbishing existing weigh stations, including adequate night lighting for enforcement activities and any other safety measures that the department considers necessary. The fine may be deposited with the arresting officer or anyone else the department may designate. The fine must be deposited in full or other arrangements satisfactory to the department for payment must be made before the operator is allowed to move the vehicle. If there is no conviction, the fine must be returned to the owner promptly.
'Conviction' as used in this section, also includes the entry of a plea of guilty or nolo contendere and the forfeiture of bail or collateral deposited to secure a defendant's present in the court.
If the fine is not paid in full to the department within forty-five days after conviction, the license and registration of the vehicle found to exceed the limits imposed by Section 56-5-4130 or 56-5-4140 must be suspended. The owner of the vehicles immediately shall return the license and registration of the vehicle to the department. If a person fails to return them as provided in this section, the department may secure possession of them by a commissioned trooper. The suspension continues until the fine is paid in full.
(F) No court costs may be imposed for a violation of Sections 56-5-4130 and 56-5-4140 if the person forfeits bail or collateral deposited to secure his presence in court.
(G) The department shall provide for a separate uniform citation to be used by the Size and Weigh Division. The uniform citation must be used for all size and weigh violations which the Size and Weigh Division primarily is responsible for enforcing.
(G)(H) The issuance of a uniform citation to the operator of a vehicle for a violation of this section constitutes notice to the owner of the violation. The uniform citation must include the following language in bold letters to be printed across the bottom of the citation 'THE ISSUANCE OF SIZE and WEIGHT UNIFORM CITATION TO THE OPERATOR OF A VEHICLE CONSTITUTES NOTICE TO THE OWNER OF A SIZE and WEIGHT VIOLATION'."
B. This section takes effect July 1, 1993./
Renumber sections & amend totals/title to conform.
Rep. FARR explained the amendment.
Rep. WALDROP spoke against the amendment and moved to table the amendment.
Rep. WILKES demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 38 to 61.
Rep. J. BROWN raised the Point of Order that Amendment No. 539 was out of order as it was not germane.
The SPEAKER stated that the money did go in the general fund and it was germane and he overruled the Point of Order.
The SPEAKER granted Rep. SNOW a leave of absence for the remainder of the day.
Rep. FULMER moved that the House do now adjourn.
Rep. FARR demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Bailey, J. Baker Barber Baxley Beatty Boan Breeland Brown, G. Brown, J. Byrd Chamblee Cooper Corning Davenport Fair Fulmer Gonzales Graham Hallman Harrelson Harvin Haskins Hines Hodges Inabinett Jaskwhich Jennings Kennedy Koon Littlejohn Marchbanks Mattos McElveen McKay McLeod McMahand Moody-Lawrence Neilson Rhoad Robinson Rudnick Scott Simrill Smith, D. Spearman Stone Townsend Trotter Tucker Waldrop Wells Whipper Williams Witherspoon Wright Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Brown, H. Carnell Cato Clyborne Cobb-Hunter Cromer Delleney Farr Felder Gamble Govan Harrell Harris, J. Harrison Holt Houck Hutson Keegan Kelley Kinon Kirsh Klauber Law Martin McAbee McCraw McTeer Meacham Neal Quinn Richardson Riser Rogers Sharpe Sheheen Shissias Smith, R. Stille Stuart Thomas Vaughn Waites Walker White Wilder, D. Wilder, J. Wilkes Wilkins Wofford Worley Young, A.
So, the motion to adjourn was agreed to.
Rep. BOAN moved to reconsider the vote whereby Part II, Amendment #438, Amendment #463, Amendment #468, Amendment #478, Amendment #490, Amendment #514, Amendment #517, Amendment #528, Amendment #544, Amendment #546, Amendment #547, Amendment #387, Amendment #564, and Amendment #527 were adopted and the motion was noted.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 539.
The Senate returned to the House with concurrence the following:
H. 3625 -- Reps. J. Harris, H. Brown and Spearman: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 1993 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1993 SOUTH CAROLINA FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT ASSEMBLY OF THE HOUSE OF REPRESENTATIVES AND THE SENATE TO BE HELD IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 28, 1993, AT 12:00 NOON, AND RECOGNIZING AND COMMENDING THE 1993 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN THE PALMETTO STATE.
H. 3751 -- Reps. Harvin, G. Brown, Neal and McLeod: A CONCURRENT RESOLUTION RECOGNIZING THE ACHIEVEMENTS OF THE LATE HUBERT D. OSTEEN, SR., OF SUMTER COUNTY UPON HIS INDUCTION INTO THE SOUTH CAROLINA PRESS ASSOCIATION'S HALL OF FAME.
H. 3752 -- Reps. Harvin and D. Smith: A CONCURRENT RESOLUTION CONGRATULATING ROGER MILLIKEN, CHAIRMAN OF THE BOARD AND CHIEF EXECUTIVE OFFICER OF MILLIKEN & COMPANY IN SPARTANBURG, ON HIS INDUCTION INTO THE SOUTH CAROLINA HALL OF FAME.
At 5:35 P.M. the House in accordance with the motion of Rep. KINON adjourned in memory of Ann Cain Scott of Dillon, to meet at 10:00 A.M. tomorrow.
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