Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O Lord God, as we come into Your presence we are haunted by duties unfinished, promptings disobeyed, beckoning ignored. We cry out for Your help for the problems that beset us: the problem of selfishness which we call self-interest; the problem of greed often called profit; the problem of license disguising itself as liberty; the problem of materialism the hook baited with security. Help us to see our problems in the right perspective, and by Your help to conquer them.
Lord, in Your mercy, hear our prayer. 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 yesterday, the SPEAKER ordered it confirmed.
Rep. HINES moved that when the House adjourns, it adjourn in memory of Reverend Julius Albert Lighty of Darlington, which was agreed to.
The following was received.
Columbia, S.C., March 2, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1208:
S. 1208 -- Senators Holland, Courtney and Jackson: A CONCURRENT RESOLUTION TO FIX TUESDAY, MARCH 15, 1994, AT 12:30 P.M., AS THE TIME FOR ELECTING SUCCESSORS TO THE MEMBERS OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FROM THE FIRST, SECOND, THIRD, FOURTH, FIFTH, SIXTH, AND AT-LARGE DISTRICTS, SO AS TO FILL TERMS WHICH WILL EXPIRE JUNE 30, 1994.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., March 3, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Matthews, Holland and Thomas of the Committee of Conference on the part of the Senate on S. 520:
S. 520 -- Senators Thomas and Wilson: A BILL TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, QUALIFICATIONS, IDENTIFICATION, AND CONDUCT OF POLL WATCHERS, SO AS TO SPECIFY THE MAXIMUM SIZE AND SIZE OF LETTERING ON IDENTIFICATION BADGES AND TO PROHIBIT BADGES IN FLUORESCENT COLORS.
Very respectfully,
President
No. 457
Received as information.
Rep. SPEARMAN, from the Saluda Delegation, submitted a favorable report, with amendments, on:
H. 4866 -- Rep. Spearman: A BILL TO AMEND SECTION 7-7-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PRECINCTS IN SALUDA COUNTY, SO AS TO REDESIGNATE THE PRECINCTS, AND PROVIDE THAT THE PRECINCT LINES DEFINING THE PRECINCTS ARE AS SHOWN ON OFFICIAL MAPS ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD DESIGNATED AS DOCUMENT P-81-94, AND MUST BE ESTABLISHED BY THE SALUDA COUNTY ELECTION COMMISSION SUBJECT TO THE APPROVAL OF A MAJORITY OF THE SALUDA COUNTY LEGISLATIVE DELEGATION.
On motion of Rep. SPEARMAN, with unanimous consent, the following Bill was taken up for immediate consideration.
H. 4866 -- Rep. Spearman: A BILL TO AMEND SECTION 7-7-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PRECINCTS IN SALUDA COUNTY, SO AS TO REDESIGNATE THE PRECINCTS, AND PROVIDE THAT THE PRECINCT LINES DEFINING THE PRECINCTS ARE AS SHOWN ON OFFICIAL MAPS ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD DESIGNATED AS DOCUMENT P-81-94, AND MUST BE ESTABLISHED BY THE SALUDA COUNTY ELECTION COMMISSION SUBJECT TO THE APPROVAL OF A MAJORITY OF THE SALUDA COUNTY LEGISLATIVE DELEGATION.
The Bill was read the second time and ordered to third reading.
On motion of Rep. SPEARMAN, with unanimous consent, it was ordered that H. 4866 be read the third time tomorrow.
Rep. HARRELSON, from the Colleton Delegation, submitted a favorable report, with amendments, on:
S. 1188 -- Senators Washington and Mescher: A BILL TO CREATE THE COLLETON COUNTY BOARD OF ELECTIONS AND REGISTRATION, PROVIDE FOR THE NUMBER AND MANNER OF APPOINTMENT OF ITS MEMBERS, TERMS, FILLING OF VACANCIES, ELECTION OF THE BOARD'S CHAIRMAN, AND RELATED MATTERS, AND TO ABOLISH THE COLLETON COUNTY ELECTION COMMISSION AND COLLETON COUNTY REGISTRATION BOARD AND DEVOLVE THEIR POWERS AND DUTIES UPON THIS NEW BOARD.
Ordered for consideration tomorrow.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4843 -- Reps. Tucker, P. Harris, McCraw, D. Smith, Phillips, Wilkins and Haskins: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO CONDUCT A STUDY OF THE U. S. INTERSTATE I-85 CORRIDOR IN GREENVILLE, SPARTANBURG, ANDERSON, AND CHEROKEE COUNTIES FOR THE PURPOSE OF DEVELOPING A TWENTY-YEAR PLAN FOR BETTER TRAFFIC MANAGEMENT AND TO REPORT THE FINDINGS TO THE GENERAL ASSEMBLY.
Ordered for consideration tomorrow.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1105 -- Senator Leatherman: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE FLORENCE COUNTY VISITOR INFORMATION CENTER.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 4702 -- Reps. J. Brown, Beatty, Cobb-Hunter, Gamble, Stuart, McAbee, Canty, McMahand, Byrd, Govan, Inabinett, Lanford, Whipper, Wells, Keyserling and Hutson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-105 SO AS TO PROVIDE REQUIREMENTS TO RENEW A LICENSE FOR FUNERAL DIRECTORS AND EMBALMERS.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
S. 88 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 44-41-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING ABORTIONS, SO AS TO CHANGE A REFERENCE IN THE DEFINITION OF HOSPITAL; TO AMEND SECTION 44-41-70, RELATING TO REGULATIONS FOR CERTIFICATION OF HOSPITALS AND OTHER FACILITIES, SO AS TO INCLUDE FACILITIES IN WHICH FIRST TRIMESTER ABORTIONS ARE PERFORMED; TO AMEND SECTION 44-93-100, RELATING TO EXCEPTIONS TO THE EXEMPTION OF SMALL QUANTITY GENERATORS FROM THE INFECTIOUS WASTE MANAGEMENT ACT, SO AS TO REQUIRE THESE GENERATORS TO MANAGE FETAL REMAINS IN ACCORDANCE WITH THE REQUIREMENTS FOR PATHOLOGICAL WASTE.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, Reps. MOODY-LAWRENCE, BREELAND, SHISSIAS, NEAL and J. BROWN, for the minority, submitted an unfavorable report, on:
S. 155 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-60 SO AS TO PROVIDE FOR THE REPORTING OF PRENATAL EXPOSURE TO CONTROLLED SUBSTANCES.
On motion of Rep. WOFFORD, the following Bill was referred to the Committee on Ways and Means.
The following was introduced:
H. 4867 -- Rep. Cromer: A HOUSE RESOLUTION TO AMEND RULE 10.1 OF THE HOUSE OF REPRESENTATIVES, RELATING TO WHO MAY BE ADMITTED WITHIN THE HALL OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROHIBIT A PAGE, LIAISON, OR ATTACHE OF THE SENATE FROM BEING ADMITTED WITHIN THE HALL.
The Resolution was ordered referred to the Committee on Rules.
The following was introduced:
H. 4868 -- Reps. Snow, M.O. Alexander, Allison, Anderson, J. Bailey, Baker, Barber, Baxley, Breeland, J. Brown, Byrd, Carnell, Chamblee, Clyborne, Cobb-Hunter, Corning, Cromer, Delleney, Elliott, Fair, Fulmer, Gamble, Govan, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Hines, Hodges, Holt, Huff, Inabinett, Jaskwhich, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Law, Littlejohn, Martin, Mattos, McCraw, McElveen, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Rudnick, Scott, Sharpe, Shissias, D. Smith, R. Smith, Spearman, Stille, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whipper, White, J. Wilder, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and A. Young: A HOUSE RESOLUTION TO REQUEST THE ATTORNEY GENERAL AND THE STATE CONSUMER ADVOCATE TO INVESTIGATE WHETHER OR NOT CERTAIN COMPANIES OR ENTITIES OFFERING RESIDENTS OF THIS STATE THROUGH THE MAIL THE OPPORTUNITY TO WIN CASH OR PRIZES THROUGH A SWEEPSTAKES OR SIMILAR TYPES OF CONTEST ARE VIOLATING ANY PROVISION OF STATE OR FEDERAL LAW.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4869 -- Reps. Martin, Snow, Kelley, Witherspoon, Worley, Keegan and Thomas: A CONCURRENT RESOLUTION TO COMMEND MIKE PATE AND VERNIE DOVE OF HORRY COUNTY AND THE CITIZENS OF HORRY COUNTY FOR ESTABLISHING THE "KIDS VOTING OF HORRY COUNTY" PROGRAM, A NONPROFIT, NONPARTISAN VOTER EDUCATION PROGRAM, AND TO RECOGNIZE THIS PROGRAM AS A FINE EXAMPLE FOR PROMOTING CITIZEN PARTICIPATION IN GOVERNMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4870 -- Reps. Davenport, Meacham, Vaughn, R. Smith, M.O. Alexander, Stoddard, Marchbanks, Wofford, Stone, Stuart, Townsend, Moody-Lawrence, Harrell, Witherspoon, Cato, Simrill, Hutson, Keegan, Chamblee, Harrelson, Stille, Hallman, Haskins, Richardson, Riser, J. Wilder, Klauber, D. Wilder, Fulmer, Cromer, Spearman, J. Bailey, H. Brown, Baker, Hines, G. Bailey, Allison, Lanford, Scott, Robinson, Tucker, Wright, Carnell, Neilson, Koon, Phillips, Law, Kinon, Littlejohn, Walker, D. Smith, McCraw, Farr and Jaskwhich: A CONCURRENT RESOLUTION MEMORIALIZING THE PRESIDENT OF THE UNITED STATES AND THE CONGRESS OF THE UNITED STATES TO TAKE URGENT AND FIRM ACTION TO ENSURE THE HEALTH OF THE AMERICAN TEXTILE INDUSTRY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4871 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING PHILIP M. WHITE OF ANDERSON COUNTY ON BEING VOTED "SMALL BUSINESS PERSON OF THE YEAR" BY THE ANDERSON AREA CHAMBER OF COMMERCE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4872 -- Rep. Houck: A BILL TO AMEND SECTIONS 44-53-210 AND 44-53-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULES II AND IV CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT INJECTABLE FORMS OF PENTAZOCINE ARE SCHEDULE II AND THAT ORAL DOSAGE FORMS OF PENTAZOCINE ARE SCHEDULE IV.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4873 -- Rep. Houck: A BILL TO AMEND SECTION 44-53-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF PROFESSIONALS UNDER NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO REVISE THE DATES FOR EXPIRATION AND RENEWAL OF REGISTRATIONS; AND TO PROVIDE STAGGERED REGISTRATIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4874 -- Reps. Koon, Cromer, Rhoad, Sturkie, R. Smith, M.O. Alexander, Witherspoon, McLeod, Riser, Littlejohn, Williams, G. Brown, Askins, McKay, Harrison, Wright, Cato, Trotter, Harvin, Snow, Thomas and Kennedy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-3-80 SO AS TO PROVIDE EXEMPTIONS FROM A COUNTY OR MUNICIPAL LICENSE FEE IMPOSED ON DOMESTIC ANIMAL OWNERS.
Referred to Committee on Ways and Means.
H. 4875 -- Reps. Neal, Cobb-Hunter, Corning, Inabinett, Scott, Gonzales, Whipper, Harrison, J. Brown, Byrd, Phillips, Stille, Breeland, Hines, Moody-Lawrence, Govan, Williams, Snow, Neilson, Waites and Graham: A BILL TO AMEND SECTION 40-15-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECIPROCAL LICENSING FOR DENTISTS AND DENTAL HYGIENISTS, SO AS TO PROVIDE THAT THE BOARD MAY GRANT RECIPROCAL LICENSES TO STATES WHO ARE MEMBERS OF REGIONAL TESTING SERVICES WITHOUT THE BOARD BEING A MEMBER OF THE TESTING SERVICE IF THE LICENSING REQUIREMENTS ARE OTHERWISE EQUIVALENT TO SOUTH CAROLINA.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4876 -- Reps. J. Harris, Boan, Hodges, H. Brown, Spearman, Rogers and Jaskwhich: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-30-130 SO AS TO DEVOLVE UPON THE DEPARTMENT OF CULTURAL AND INFORMATIONAL RESOURCES THE POWERS AND DUTIES OF THE SOUTH CAROLINA ARTS MUSEUM, SOUTH CAROLINA MUSEUM COMMISSION, STATE LIBRARY BOARD, COMMISSION OF ARCHIVES AND HISTORY, AND CONFEDERATE RELIC ROOM; TO AMEND THE 1976 CODE BY ADDING CHAPTER 17 IN TITLE 60, RELATING TO LIBRARIES, ARCHIVES, MUSEUMS, AND ARTS, SO AS TO ESTABLISH THE SOUTH CAROLINA DEPARTMENT OF CULTURAL AND INFORMATIONAL RESOURCES AND PROVIDE FOR ITS GOVERNANCE, FUNCTIONS, AND DIVISIONS; TO AMEND SECTION 1-30-10, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, SO AS TO ADD THE DEPARTMENT OF CULTURAL AND INFORMATIONAL RESOURCES; AND TO PROVIDE TRANSITION PROVISIONS; AND TO REPEAL CHAPTERS 1, 11, AND 15 OF TITLE 60 OF THE 1976 CODE AND ARTICLE 1, CHAPTER 13 OF TITLE 60 OF THE 1976 CODE, RELATING TO THE ENTITIES DEVOLVED UPON THE DEPARTMENT CREATED BY THIS SECTION.
Referred to Committee on Judiciary.
H. 4877 -- Reps. Fair, Govan, Simrill, Law, Richardson, Jaskwhich, Stuart, Vaughn, Trotter, Allison, Littlejohn, Marchbanks, Cooper, D. Wilder and J. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-637 SO AS TO PROVIDE THAT A PRISONER IS NOT ELIGIBLE FOR PAROLE UNLESS HE PASSES A BASIC READING TEST AND TO PROVIDE AN EXCEPTION.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4878 -- Reps. Harrell, Law, A. Young, Wofford, Thomas, Graham, Clyborne, J. Brown, Cobb-Hunter, Wilkins and Fulmer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-387 SO AS TO MAKE IT UNLAWFUL TO EMPLOY A PERSON UNDER THE AGE OF EIGHTEEN YEARS TO APPEAR IN A STATE OF SEXUALLY EXPLICIT NUDITY IN A PUBLIC PLACE, AND TO PROVIDE PENALTIES.
Referred to Committee on Judiciary.
H. 4879 -- Rep. McAbee: A BILL TO PROVIDE THAT SECTIONS 8-27-10 THROUGH 8-27-50 OF THE 1976 CODE OF LAWS (GOVERNING EMPLOYMENT PROTECTION FOR REPORTS OF VIOLATIONS OF STATE OR FEDERAL LAW OR REGULATIONS) APPLY TO ANY CIVIL ACTION PENDING ON THE EFFECTIVE DATE OF THIS ACT.
Referred to Committee on Judiciary.
H. 4821 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1993-94.
Without reference.
H. 4822 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.
Without reference.
S. 624 -- Senator Giese: A BILL TO AMEND SECTION 59-29-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUPERVISION OF PHYSICAL EDUCATION COURSES BY THE STATE SUPERINTENDENT OF EDUCATION, SO AS TO PROVIDE THAT THE PHYSICAL EDUCATION COURSE REQUIRED IN THE SECONDARY SCHOOLS MUST BE GIVEN OVER TWO SEMESTERS WITH THE FIRST SEMESTER BEING A PERSONAL FITNESS AND WELLNESS COMPONENT AND THE SECOND SEMESTER BEING A LIFETIME FITNESS COMPONENT.
Referred to Committee on Education and Public Works.
S. 712 -- Senator Hayes: A BILL TO AMEND SECTION 43-45-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMUNITY ECONOMIC OPPORTUNITY ACT OF 1983, ADMINISTERING AGENCY, AND DUTIES AND FUNCTIONS, SO AS TO DELETE THE PROVISIONS RELATING TO THE DUTY OF PRESCRIBING THE PERSONNEL PROCEDURES AND FINANCIAL SYSTEMS UNDER WHICH EACH COMMUNITY-BASED ORGANIZATION RECEIVING FUNDS UNDER CHAPTER 45 OF TITLE 43 MUST OPERATE AND RELATING TO THE DUTY OF REVIEWING AND APPROVING ALL BYLAWS FOR ORGANIZATIONS RECEIVING FUNDS UNDER THAT CHAPTER.
Referred to Committee on Ways and Means.
S. 1000 -- Senators Rankin and Greg Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-35-45 SO AS TO PERMIT THE USE OF PYROTECHNIC MATERIALS INSIDE ANY ENCLOSED ENTERTAINMENT OR ASSEMBLY AREA BEFORE PROXIMATE AUDIENCES WHEN THE INDOOR PYROTECHNICS ARE USED IN ACCORDANCE WITH APPLICABLE STANDARDS OF THE NATIONAL FIRE PROTECTION ASSOCIATION.
Referred to Committee on Labor, Commerce and Industry.
S. 1063 -- Senator Bryan: A BILL TO AMEND SECTIONS 40-25-30, 40-25-40, AND 40-25-80, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITH REGARD TO THE LICENSING OF PERSONS ENGAGING IN THE PRACTICE OF SPECIALIZING IN HEARING AIDS, THE COMMISSION OF HEARING AID SPECIALISTS, AND EXCEPTIONS TO THE APPLICABILITY OF CHAPTER 25 OF TITLE 40 (THE PRACTICE OF SPECIALIZING IN HEARING AIDS), SO AS TO DELETE THE REQUIREMENT THAT THE DEPARTMENT APPOINT LICENSED HEARING AID SPECIALISTS TO CONDUCT OR SUPERVISE THE EXAMINATION OF APPLICANTS FOR LICENSES, INCREASE FROM FOUR TO FIVE THE NUMBER OF LICENSED HEARING AID SPECIALISTS ON THE COMMISSION AND CHANGE THEIR QUALIFICATIONS FOR SERVING ON THE COMMISSION, AND PROVIDE THAT CHAPTER 25 OF TITLE 40 DOES NOT APPLY TO AN AUDIOLOGIST LICENSED TO PRACTICE IN SOUTH CAROLINA; TO AMEND SECTION 40-25-110, AS AMENDED, RELATING TO THE QUALIFICATIONS OF APPLICANTS FOR EXAMINATION AS A HEARING AID SPECIALIST, SO AS TO DELETE PROVISIONS RELATING TO AUDIOLOGISTS BEING LICENSED WITHOUT WRITTEN EXAMINATION AND A PRACTICAL TEST.
On motion of Rep. HOUCK, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1071 -- Senator Bryan: A BILL TO AMEND SECTION 40-43-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE PHARMACY ACT INCLUDING THE DEFINITION OF "PRACTITIONER" AS ONE LICENSED TO PRESCRIBE DRUGS, SO AS TO INCLUDE PHYSICIANS' ASSISTANTS AND THERAPEUTICALLY CERTIFIED OPTOMETRISTS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1094 -- Senators Bryan and Giese: A BILL TO AMEND SECTION 44-7-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR LICENSURE FOR CERTAIN HEALTH FACILITIES AND SERVICES, SO AS TO EXEMPT COMMUNITY-BASED HOUSING SPONSORED, LICENSED, OR CERTIFIED BY THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1131 -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-905 SO AS TO PROVIDE FOR A PARTIAL REFUND OR CREDIT WHEN THE OWNER OF A MOTOR VEHICLE SO REQUESTS UPON THE SURRENDER OF THE LICENSE PLATE AND REGISTRATION TO THE DEPARTMENT OF REVENUE AND TAXATION IN THE FIRST TWELVE MONTHS OF A BIENNIAL REGISTRATION PERIOD.
Referred to Committee on Education and Public Works.
S. 1216 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO THE ADULT EDUCATION CURRICULUM AND ADULT EDUCATION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1670, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works.
S. 1217 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STATE-OWNED TEXTBOOKS/INSTRUCTIONAL MATERIALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1710, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works.
The following was introduced:
H. 4880 -- Reps. Townsend, Cooper, Chamblee, P. Harris and Tucker: A CONCURRENT RESOLUTION COMMENDING ELBRIDGE JUETTE (E.J.) WRIGHT, JR., OF ANDERSON COUNTY FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE STATE BOARD OF EDUCATION FROM 1989 TO 1994.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4881 -- Reps. Klauber, Carnell and McAbee: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF JOSEPH HOWARD PATRICK, DISTINGUISHED CITIZEN OF GREENWOOD COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Baxley Beatty Boan Brown, G. Brown, H. Brown, J. Byrd Carnell Cato Chamblee Cobb-Hunter Cooper Corning Cromer Davenport Delleney Elliott Fair Farr Felder Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harvin Haskins Hines Hodges Holt Houck Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McElveen McKay McLeod McMahand McTeer Meacham Neal Neilson Rhoad Richardson Riser Robinson Rogers Rudnick Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Thomas Townsend Trotter Tucker Vaughn Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Thursday, March 3.
James J. Bailey Olin R. Phillips Bessie Moody-Lawrence Floyd Breeland C. Lenoir Sturkie Dell Baker John L. Scott, Jr. Ralph W. Canty Richard M. Quinn, Jr. H. Howell Clyborne, Jr.
LEAVES OF ABSENCE
The SPEAKER granted Reps. BARBER, HARWELL, HARRISON and WAITES a leave of absence for the day.
The SPEAKER granted Rep. TUCKER a leave of absence for the remainder of the day due to a medical appointment.
Announcement was made that Dr. John P. Evans from Greenville is the Doctor of the Day for the General Assembly.
Rep. SPEARMAN and the Saluda County Delegation presented the Saluda High School Marching Band and the directors, winners of the 1993 State Class AA Championship.
Rep. BOAN moved that when the House adjourns today, it adjourn to convene at 2:00 P.M., Monday, March 7, in Statewide Session, which was agreed to.
Rep. BOAN moved that H. 4820, the General Appropriation Bill, be set for Special Order regardless of any other Special Orders on Monday, March 7, immediately after the call of the uncontested Calendar, and immediately after the roll call every day thereafter, and continue each day until given a second reading, which was agreed to.
Rep. BOAN moved that while debating H. 4820, the General Appropriation Bill, the Bills on the Calendar be printed by number only, with the exception of the first day, which was agreed to.
At 10:30 A.M. the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
S. 1013 -- Senator Mitchell: A CONCURRENT RESOLUTION TO CONGRATULATE MISS KIMBERLY AIKEN OF COLUMBIA UPON BEING CHOSEN MISS AMERICA 1994 AND TO EXTEND AN INVITATION TO MISS AIKEN TO ADDRESS A JOINT SESSION OF THE GENERAL ASSEMBLY AT 10:30 A.M. ON THURSDAY, MARCH 3, 1994.
Miss America and distinguished party were escorted to the rostrum by Senators Patterson, Mitchell, Courson and Short and Representatives ALLISON, CROMER, J. BROWN and WHIPPER.
Senator Mitchell presented Miss America with a framed copy of the Resolution.
Lt. Governor Theodore introduced Miss America, Kimberly Aiken, who addressed the Joint Assembly as follows:
"Thank you very much... Lt. Governor Nick Theodore, Senators and Representatives... It is good to be back here in South Carolina where I have so many wonderful memories, friends and supporters. Through my travels around our great nation, I find warmth and comfort in the many updates and progress reports that I receive about the great Palmetto state, my home, South Carolina. I am pleased to know that South Carolina's job rate has improved to where it is actually less than the national average. Currently, in South Carolina the unemployment rate is about 5.8 percent when the country's average unemployment rate is almost 7 percent. As an advocate for homeless families, I know that the key to self sufficiency is gainful employment. I am encouraged that as lawmakers you are seriously trying to wrestle with increasing crime rates by legislation to defer crime and improve the quality of life for all South Carolinians. I am happy to hear that South Carolina will help prepare athletes from around the world for the 1996 Olympic Games. The influx of visitors to our great state will only serve to expose others to the warm hospitality offered to South Carolina and its citizens. As I drive around Columbia, I have noticed the many expansion projects underway since I have been gone since August. The University of South Carolina's acquisition of the Carolina Plaza and the addition of the new arts center adjacent to the Koger Center are welcomed additions. And it is exciting to hear the many plans and proposals and projects for Columbia's Congaree Vista area. I also understand that there is talk of new decorative trolleys for Columbia's retail and commercial district. That should attract more people to the downtown area. That coupled with plans for expansion of the new Adam's Mark Hotel spell exciting things for our Capitol city's downtown area. I am also pleased with the progress of my HERO project, operating here in Columbia to assist homeless children and their families. I would like to thank my parents, the Urban League and many HERO supporters for continuing the project in my absence. The homeless education and resource organization serves as a support base for existing homeless projects. The This, That, 'N' The Other Cafe for homeless job seekers and the learning lab at St. Lawrence Place assist homeless women, men and children as they struggle to put their lives back together again. As I travel around the country, it is apparent that the growing problem of homelessness can be reversed with more long term housing, job training and better healthcare and support services. The country is very much injust with this problem. Most local communities do not have the capacity to offer long term housing solutions with support services either as permanent housing solutions or as transitional ones. This is particularly disturbing in light of the many families who are one paycheck away from becoming homeless. Homelessness is no longer just the bag lady or bag man, it is the man, the woman, the children, the teenagers, the abandoned babies, the forgotten veterans, the mentally ill, the substance abusers that everyone has given up on. It is the man next door. When we think of the homeless, we think of the stereotypical bag lady or the street bum. For most of us, the images of the homeless are these images. Unfortunately, reality of the homeless is quite different. Homeless families are the fastest growing segment of the homeless population in this country. With that plight facing anywhere from 700,000 to 3 million people in this country, the cycle of homelessness continues on with parents passing their legacy onto their children. As legislators and as leaders, you are faced with determining not only what is necessary for your local community, but what is needed at the state level to address the issues of homelessness. What should be the role of government at every level in motivating and enabling homeless people to break the cycle? How can government partner with the private sector in order to bridge the funding gap that is facing us all. As you tackle with what should be the appropriate response to homelessness in South Carolina, I ask you to think in different terms. I ask you to establish partnerships at every level. Partnerships that are willing to be judged on the results rather than the process. I ask you to move beyond the short term emergency solutions that have traditionally been pursued, but instead develop a comprehensive long term partnership approach to help homeless families and individuals attain independence and live with dignity. I ask you to join me in pledging your time and your commitment. I would like to leave you with a final quote by former President Lyndon B. Johnson and it says, 'You don't know what poverty can do until you see the scars it leaves on the face of a child who has dreams.' And to you South Carolina, I say thank you very much."
Senator Mitchell presented Miss America with roses.
Representative J. BROWN, on behalf of the Black Caucus, presented Miss America with a framed copy of a map of the State of South Carolina.
Upon the conclusion of her address, Miss America and her escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 11:00 A.M. the House resumed, the SPEAKER in the Chair.
The SPEAKER granted Rep. HARRELSON a leave of absence for the remainder of the day due to a medical appointment.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 24.
H. 4633 -- Reps. Boan, Barber, Carnell, Cobb-Hunter, Felder, J. Harris, P. Harris, Holt, Kinon, Kirsh, McAbee, McCraw, McKay, McTeer, Mattos, Quinn, Rogers, Delleney, Phillips and H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-257 SO AS TO ESTABLISH AN ADDITIONAL HOMESTEAD EXEMPTION FROM SCHOOL TAXES IMPOSED FOR PURPOSES OTHER THAN CONSTRUCTION AND PROVIDE THAT THE EXEMPTION DOES NOT APPLY TO SCHOOL OPERATING TAXES LEVIED AFTER 1997, TO PHASE IN THE AMOUNT OF THE EXEMPTION, TO PROVIDE FOR THE METHOD OF REIMBURSEMENT OF REVENUES LOST BECAUSE OF THE EXEMPTION, AND TO PROVIDE THAT THE PROPERTY EXEMPT FROM SCHOOL TAXES PURSUANT TO THIS SECTION IS NEVERTHELESS CONSIDERED TAXABLE PROPERTY FOR PURPOSES OF THE CONSTITUTIONAL DEBT LIMIT AND THE INDEX OF TAXPAYING ABILITY, TO PROVIDE A SPENDING LIMITATION FOR COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE AND PUBLIC SERVICE DISTRICTS AND AN AD VALOREM TAX REVENUE LIMITATION FOR SCHOOL DISTRICTS FOR FISCAL YEARS 1994-95 THROUGH 1997-98 AND PROVIDE EXCEPTIONS; TO AMEND SECTIONS 12-4-540, 12-37-10, 12-37-210, 12-37-730, 12-37-760, AND 12-37-780, RELATING TO THE POWERS OF THE DEPARTMENT OF REVENUE AND TAXATION WITH RESPECT TO PROPERTY TAXATION OF BUSINESS PROPERTY AND THE DUTIES AND POWERS OF COUNTY AUDITORS WITH RESPECT TO THE FILING OF PERSONAL PROPERTY TAX RETURNS, SO AS TO PROVIDE THAT ALL PERSONAL PROPERTY TAX RETURNS ARE FILED WITH THE DEPARTMENT OF REVENUE AND TAXATION, DELETE OBSOLETE PROVISIONS AND CONFORM EXISTING FILING REQUIREMENTS TO THESE CHANGES; TO AMEND SECTION 12-43-210, AS AMENDED, RELATING TO COUNTYWIDE REASSESSMENT PROGRAMS, SO AS TO REQUIRE SUCH PROGRAMS EVERY FIVE YEARS ON A SCHEDULE DETERMINED BY THE DEPARTMENT OF REVENUE AND TAXATION, AND PROVIDE FOR THE WITHHOLDING OF STATE AID TO SUBDIVISIONS' DISTRIBUTIONS TO COUNTIES FAILING TO COMPLY WITH THE SCHEDULE, TO REQUIRE THE DEPARTMENT TO DETERMINE PERSONNEL NEEDS OF COUNTY ASSESSORS AND REPORT ITS FINDINGS BY MAY 1, 1995, TO PROVIDE FOR AN INITIAL SCHEDULE OF REASSESSMENTS; TO PROVIDE THAT IF A COURT OF COMPETENT JURISDICTION VOIDS THE HOMESTEAD EXEMPTION ALLOWED BY THIS ACT, THEN THE SPENDING LIMITATIONS IMPOSED ON COUNTIES, MUNICIPALITIES, SPECIAL PURPOSE PUBLIC SERVICE DISTRICTS, AND SCHOOL DISTRICTS BY THIS ACT ARE SIMILARLY VOID, AND TO REPEAL SECTIONS 12-37-20, 12-37-750, 12-37-810, 12-37-820, 12-37-830, 12-37-850, 12-37-870, 12-37-910, 12-37-940, 12-37-1620, AND 12-37-2010, RELATING TO PERSONAL PROPERTY TAXES.
Debate was resumed on Amendment No. 24, which was proposed on Wednesday, March 2, by Rep. GONZALES.
Rep. GONZALES moved to adjourn debate upon the amendment, which was adopted.
Rep. GONZALES proposed the following Amendment No. 25, which was adopted.
Amend the Report of the Committee on Ways and Means, as and if amended, SECTION 2, page 4633-3, by inserting an appropriately numbered item immediately after line 35 to read:
/( ) amounts placed in a general reserve fund with a balance not exceeding ten percent of the prior year's budgeted spending; provided, however, that any expenditure from funds contained in such a general reserve fund shall be subject to the same restrictions as any other spending under the provisions of this section;/
Amend further, SECTION 3, page 4633-4, by inserting an appropriately numbered item immediately after line 20 to read:
/( ) amounts placed in a general reserve fund with a balance not exceeding ten percent of the prior year's budgeted spending; provided, however, that any expenditure from funds contained in such a general reserve fund shall be subject to the same restrictions as any other spending under the provisions of this section;/
Amend further, SECTION 4, page 4633-5, by inserting an appropriately numbered item immediately after line 3 to read:
/( ) amounts placed in a general reserve fund with a balance not exceeding ten percent of the prior year's budgeted spending; provided, however, that any expenditure from funds contained in such a general reserve fund shall be subject to the same restrictions as any other spending under the provisions of this section;/
Amend further, SECTION 5, page 4633-5, by inserting an appropriately numbered item immediately after line 21 to read:
/( ) amounts placed in a general reserve fund with a balance not exceeding ten percent of the prior year's budgeted spending; provided, however, that any expenditure from funds contained in such a general reserve fund shall be subject to the same restrictions as any other spending under the provisions of this section;/
Renumber sections and items to conform.
Amend title to conform.
Rep. GONZALES explained the amendment.
The question of a quorum was raised.
A quorum was later present.
Rep. GONZALES continued speaking.
The amendment was then adopted.
Rep. GONZALES proposed the following Amendment No. 26, which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, SECTION 2, page 4633-3, beginning on line 37, by striking /(7) spending approved by at least a two-thirds vote of the governing body of the county./ and inserting:
/ (7) spending approved by at least a two-thirds vote of the governing body of the county or by a majority of the registered voters of the county voting in a referendum held for that purpose, with such approval to be subject to the following provisions:
(a) any such referendum for approval of additional spending may be initiated by the vote of a majority of the governing body or by a petition signed by fifteen percent of the qualified electors of the county;
(b) only one referendum for approval of additional spending may be held within any two year period;
(c) a referendum may also be held on disapproval of any increased spending which has been approved by a two-thirds vote of the governing body under this provision which increase has not been approved by referendum upon petition signed by fifteen percent of the qualified electors of the county;
(d) only one referendum for disapproval of any particular increase in spending may be held within any two year period, and the results thereof, if favorable, shall bind the governing body for a period of four years thereafter both as to that particular increase and any subsequent increase, unless the subsequent increase is approved by referendum as provided herein;
(e) any referendum called under the provisions of this section shall be held not less than 30 days and not more than six months after the call therefor, as determined by the governing body, and the results of any referendum shall become effective with the first fiscal year beginning after the date of the referendum;
(f) in the case of natural disaster or other similar emergency, the governing body may by a two-thirds vote approve a spending increase notwithstanding a referendum disapproving a spending increase within the preceeding four years but such emergency increase may not extend for more than one year and may only be approved after a public hearing advertised at least seven days in advance in a newspaper of general circulation in the affected jurisdiction;
(g) petitions submitted and elections held pursuant to this section shall be governed mutatis mutandis by the provisions applicable to the election of members of the governing body./
Amend further, SECTION 3, page 4633-4, beginning on line 22, by striking /(7) spending approved by at least a two-thirds vote of the governing body of the municipality./ and inserting:
/ (7) spending approved by at least a two-thirds vote of the governing body of the municipality or by a majority of the registered voters of the municipality voting in a referendum held for that purpose, with such approval to be subject to the following provisions:
(a) any such referendum for approval of additional spending may be initiated by the vote of a majority of the governing body or by a petition signed by fifteen percent of the qualified electors of the municipality;
(b) only one referendum for approval of additional spending may be held within any two year period;
(c) a referendum may also be held on disapproval of any increased spending which has been approved by a two-thirds vote of the governing body under this provision which increase has not been approved by referendum upon petition signed by fifteen percent of the qualified electors of the municipality;
(d) only one referendum for disapproval of any particular increase in spending may be held within any two year period, and the results thereof, if favorable, shall bind the governing body for a period of four years thereafter both as to that particular increase and any subsequent increase, unless the subsequent increase is approved by referendum as provided herein;
(e) any referendum called under the provisions of this section shall be held not less than 30 days and not more than six months after the call therefor, as determined by the governing body, and the results of any referendum shall become effective with the first fiscal year beginning after the date of the referendum;
(f) in the case of natural disaster or other similar emergency, the governing body may by a two-thirds vote approve a spending increase notwithstanding a referendum disapproving a spending increase within the preceeding four years but such emergency increase may not extend for more than one year and may only be approved after a public hearing advertised at least seven days in advance in a newspaper of general circulation in the affected jurisdiction;
(g) petitions submitted and elections held pursuant to this section shall be governed mutatis mutandis by the provisions applicable to the election of members of the governing body./
Amend further, SECTION 4, page 4633-5, beginning on line 5, by striking /(7) spending approved by at least a two-thirds vote of the governing body authorized by law to levy district tax millage in the district./ and inserting:
/ (7) spending approved by at least a two-thirds vote of the governing body authorized by law to levy district tax millage in the district or by a majority of the registered voters of the district voting in a referendum held for that purpose, with such approval to be subject to the following provisions:
(a) any such referendum for approval of additional spending may be initiated by the vote of a majority of the governing body authorized by law to levy district tax millage in the district or by a petition signed by fifteen percent of the qualified electors of the district;
(b) only one referendum for approval of additional spending may be held within any two year period;
(c) a referendum may also be held on disapproval of any increased spending which has been approved by a two-thirds vote of the governing body authorized by law to levy district tax millage in the district under this provision which increase has not been approved by referendum upon petition signed by fifteen percent of the qualified electors of the district;
(d) only one referendum for disapproval of any particular increase in spending may be held within any two year period, and the results thereof, if favorable, shall bind the governing body authorized by law to levy district tax millage in the district for a period of four years thereafter both as to that particular increase and any subsequent increase, unless the subsequent increase is approved by referendum as provided herein;
(e) any referendum called under the provisions of this section shall be held not less than 30 days and not more than six months after the call therefor, as determined by the governing body authorized by law to levy district tax millage in the district, and the results of any referendum shall become effective with the first fiscal year beginning after the date of the referendum;
(f) in the case of natural disaster or other similar emergency, the governing body authorized by law to levy district tax millage in the district may by a two-thirds vote approve a spending increase notwithstanding a referendum disapproving a spending increase within the preceeding four years but such emergency increase may not extend for more than one year and may only be approved after a public hearing advertised at least seven days in advance in a newspaper of general circulation in the affected jurisdiction;
(g) petitions submitted and elections held pursuant to this section shall be governed mutatis mutandis by the provisions applicable to the election of members of the governing body authorized by law to levy district tax millage in the district./
Amend further, SECTION 5, page 4633-5, beginning on line 23, by striking /(4) revenues of additional ad valorem taxes approved by at least a two-thirds vote of the governing body authorized by law to levy school tax millage in the school district./ and inserting:
/ (4) revenues of additional ad valorem taxes approved by at least a two-thirds vote of the governing body authorized by law to levy school tax millage in the school district or by a majority of the registered voters of the school district voting in a referendum held for that purpose, with such approval to be subject to the following provisions:
(a) any such referendum for approval of additional spending may be initiated by the vote of a majority of the governing body authorized by law to levy school tax millage in the school district or by a petition signed by fifteen percent of the qualified electors of the school district;
(b) only one referendum for approval of additional spending may be held within any two year period;
(c) a referendum may also be held on disapproval of any increased spending which has been approved by a two-thirds vote of the governing body authorized by law to levy school tax millage in the school district under this provision which increase has not been approved by referendum upon petition signed by fifteen percent of the qualified electors of the school district;
(d) only one referendum for disapproval of any particular increase in spending may be held within any two year period, and the results thereof, if favorable, shall bind the governing body authorized by law to levy school tax millage in the school district for a period of four years thereafter both as to that particular increase and any subsequent increase, unless the subsequent increase is approved by referendum as provided herein;
(e) any referendum called under the provisions of this section shall be held not less than 30 days and not more than six months after the call therefor, as determined by the governing body authorized by law to levy school tax millage in the school district, and the results of any referendum shall become effective with the first fiscal year beginning after the date of the referendum;
(f) in the case of natural disaster or other similar emergency, the governing body authorized by law to levy school tax millage in the school district may by a two-thirds vote approve a spending increase notwithstanding a referendum disapproving a spending increase within the preceeding four years but such emergency increase may not extend for more than one year and may only be approved after a public hearing advertised at least seven days in advance in a newspaper of general circulation in the affected jurisdiction;
(g) petitions submitted and elections held pursuant to this section shall be governed mutatis mutandis by the provisions applicable to the election of members of the governing body authorized by law to levy school tax millage in the school district./
Amend title to conform.
Rep. GONZALES explained the amendment.
The SPEAKER granted Rep. WHITE a leave of absence for the remainder of the day.
Rep. GONZALES continued speaking.
The SPEAKER granted Rep. WILLIAMS a leave of absence for the remainder of the day due to a doctor's appointment.
Rep. BOAN moved to table the amendment.
Rep. GONZALES demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 49 to 31.
Reps. CLYBORNE, HUFF and WILKES proposed the following Amendment No. 29 (Doc Name L:\council\legis\amend\JIC\5648HTC.94), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. The penultimate paragraph of Section 12-37-930 of the 1976 Code is amended to read:
"In no event should the The original cost must not be reduced more than eighty percent for property tax years before 1995. For property tax year 1995 and thereafter, original cost must not be reduced below the amounts provided in the following schedule:
1995 nineteen percent
1996 eighteen percent
1997 seventeen percent
1998 sixteen percent
1999 fifteen percent
2000 fourteen percent
2001 thirteen percent
2002 twelve percent
2003 eleven percent
After 2003 ten percent.
In the year of acquisition, depreciation shall be is allowed as if the property were owned for the full year. The term 'original cost' shall mean means gross capitalized cost as shown by the taxpayer's records for income tax purposes."/
Renumber sections to conform.
Amend title and totals to conform.
Rep. CLYBORNE was recognized.
Rep. ROBINSON moved to reconsider the vote whereby Amendment No. 16 was rejected and the motion was noted.
Rep. CLYBORNE explained the amendment.
Rep. WILKES spoke in favor of the amendment.
Rep. McABEE raised the Point of Order that Amendment No. 29 was out of order as it was not germane in that there is no section in the Bill now that deals with personal property.
Rep. WILKES argued contra the Point.
Rep. BAKER stated that Section 6 of the Bill gave the department the authority to appraise and assess all other personal property and this would fall under that category as personal property and that would make it germane.
The SPEAKER stated that a previous amendment struck Section 6 from the Bill and he sustained the Point of Order and ruled the amendment out of order.
The motion of Rep. ROBINSON to reconsider the vote whereby Amendment No. 16 was rejected, was taken up.
Rep. WALKER spoke in favor of the motion to reconsider.
Rep. ROGERS moved to table the motion to reconsider.
Rep. WALKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Askins Bailey, G. Bailey, J. Baker Baxley Boan Breeland Brown, G. Brown, J. Byrd Carnell Cato Chamblee Clyborne Cobb-Hunter Corning Cromer Delleney Elliott Farr Hallman Harris, J. Harris, P. Hines Holt Huff Hutson Inabinett Jennings Keegan Kennedy Keyserling Kirsh Law Marchbanks Martin Mattos McAbee McCraw McElveen McKay McLeod McMahand McTeer Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Riser Robinson Rogers Rudnick Sharpe Sheheen Shissias Smith, R. Snow Spearman Stoddard Stone Trotter Whipper Wilder, D. Wilder, J. Wilkes Witherspoon Worley Wright
Those who voted in the negative are:
Allison Beatty Canty Cooper Davenport Gamble Govan Harrell Harvin Klauber Koon Lanford Littlejohn Meacham Richardson Simrill Smith, D. Stuart Sturkie Thomas Townsend Walker Wells Wofford Young, A.
So, the motion to reconsider was tabled.
Rep. HUFF moved to reconsider the vote whereby Amendment No. 13 was adopted.
Rep. HUFF spoke in favor of the motion to reconsider.
Rep. McABEE spoke against the motion to reconsider.
Rep. McABEE 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. Anderson Bailey, J. Baxley Boan Breeland Canty Carnell Chamblee Cobb-Hunter Cromer Delleney Elliott Farr Govan Harris, J. Harris, P. Harvin Hines Hodges Houck Inabinett Jennings Keyserling Kinon Martin Mattos McAbee McCraw McElveen McMahand McTeer Neal Rhoad Rogers Sheheen Snow Spearman Stoddard Thomas Whipper Wilder, J.
Those who voted in the negative are:
Allison Bailey, G. Baker Brown, H. Cato Clyborne Cooper Corning Davenport Fair Felder Gamble Gonzales Hallman Harrell Holt Huff Hutson Keegan Kelley Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks McKay Meacham Moody-Lawrence Neilson Phillips Quinn Richardson Riser Robinson Rudnick Sharpe Shissias Simrill Smith, D. Smith, R. Stille Stone Stuart Sturkie Townsend Trotter Vaughn Walker Wells Wilder, D. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the House refused to table the motion to reconsider.
Rep. McABEE spoke against the motion to reconsider.
Rep. CLYBORNE spoke in favor of the motion to reconsider.
The SPEAKER granted Rep. STODDARD a leave of absence for the remainder of the day due to illness.
Reps. FELDER and WILKES spoke in favor of the motion to reconsider.
The question then recurred to the motion to reconsider, which was agreed to by a division vote of 61 to 41.
Rep. McTEER moved to adjourn debate upon the amendment, which was adopted.
Reps. VAUGHN, WELLS, G. BAILEY, WITHERSPOON, WALKER, LITTLEJOHN, RISER, A. YOUNG, KENNEDY, WILKINS, TROTTER, DAVENPORT, HASKINS, CLYBORNE, ALLISON, HUTSON and FULMER proposed the following Amendment No. 32 (Doc Name L:\council\legis\amend\JIC\5603HTC.94), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. The provisions of Section 12-37-257 of the 1976 Code and of Sections 2, 3, 4, and 5 of this act must not be amended or repealed except in separate legislation enacted expressly for that purpose passed by a special vote of the General Assembly. For purposes of this section, a special vote means an affirmative two-thirds vote of the total membership of the House of Representatives and an affirmative two-thirds vote of the total membership of the Senate./
Renumber sections to conform.
Amend title to conform.
Rep. VAUGHN explained the amendment.
Rep. BOAN moved to table the amendment.
Rep. VAUGHN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Askins Bailey, G. Bailey, J. Baxley Boan Breeland Brown, G. Brown, J. Carnell Chamblee Cobb-Hunter Cromer Delleney Elliott Farr Felder Govan Harris, J. Harris, P. Harvin Hines Hodges Holt Inabinett Jennings Keegan Keyserling Kinon Law Martin Mattos McAbee McCraw McElveen McKay McLeod McMahand McTeer Neilson Phillips Rhoad Rogers Rudnick Sheheen Smith, R. Snow Stone Stuart Waldrop Whipper Wilder, D. Wilder, J. Wilkes
Those who voted in the negative are:
Allison Baker Brown, H. Cato Clyborne Cooper Corning Davenport Fair Gamble Gonzales Harrell Haskins Hutson Jaskwhich Kirsh Klauber Koon Littlejohn Marchbanks Meacham Moody-Lawrence Quinn Richardson Riser Robinson Sharpe Shissias Simrill Smith, D. Stille Sturkie Townsend Trotter Vaughn Walker Wells Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the amendment was tabled.
The SPEAKER granted Rep. NEILSON a temporary leave of absence.
Rep. BOAN proposed the following Amendment No. 34 (Doc Name L:\council\legis\amend\JIC\5652HTC.94), which was adopted.
Amend the Report of the Committee on Ways and Means, as and if amended, page 4633-3, lines 13 and 40, by striking /1994-95/ and inserting /1995-96/.
Amend further, page 4633-4, line 25, by striking /1994-95/ and inserting /1995-96/.
Amend further, page 4633-5, line 8, by striking /1994-95/ and inserting /1995-96/.
Amend title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Reps. HUFF, ALLISON, FULMER, QUINN, CATO, KLAUBER, CORNING, LANFORD, H. BROWN, STURKIE, SHARPE, KELLEY, KEEGAN, WALKER, STONE, HASKINS, WILKINS, LAW, MEACHAM, WELLS, HUTSON, CLYBORNE, HALLMAN, WITHERSPOON, WRIGHT, SIMRILL, D. SMITH, A. YOUNG, R. SMITH, WOFFORD, KOON, RICHARDSON, COOPER, TOWNSEND, TROTTER, HARRISON and LITTLEJOHN proposed the following Amendment No. 35 (Doc Name L:\council\legis\amend\JIC\5642HTC.94), which was rejected.
Amend the Report of the Committee on Ways and Means, as and if amended, page 4633-2, by striking lines 9 through 20 and inserting:
/(C)(1) Beginning with appropriations for fiscal year 1995-96, all growth in general fund revenues available for appropriation must first be applied for the annual reimbursement to school districts required pursuant to this section. If annual revenue growth is insufficient, then any surplus general fund revenues available must be used for the reimbursement and, to the extent necessary, these surplus revenues may not be appropriated for any other purpose. If the amount appropriated to reimburse school districts is insufficient to offset the revenue loss, then the State Budget and Control Board shall order midyear budget reductions in an amount sufficient to provide the full reimbursement. If a reduction is necessary, the board shall order agencies to identify spending priorities in agency budgets and the reduction ordered by the board shall apply first to these lower priorities. The board may exempt agencies or programs within agencies from these reductions./
Amend title to conform.
Rep. HUFF explained the amendment.
Rep. BOAN spoke against the amendment and moved to table the amendment.
Rep. R. YOUNG demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Askins Bailey, J. Boan Breeland Brown, G. Canty Carnell Cobb-Hunter Cromer Delleney Elliott Farr Felder Govan Harris, J. Hines Hodges Holt Houck Inabinett Jennings Kennedy Keyserling Kinon Kirsh Marchbanks Martin Mattos McAbee McCraw McElveen McLeod McMahand McTeer Moody-Lawrence Neal Phillips Rhoad Robinson Rogers Rudnick Sheheen Snow Trotter Waldrop Whipper Wilder, D. Wilder, J. Wilkes Worley
Those who voted in the negative are:
Allison Bailey, G. Baker Baxley Brown, H. Brown, J. Cato Chamblee Clyborne Cooper Corning Davenport Fair Fulmer Gamble Gonzales Hallman Harrell Haskins Huff Hutson Jaskwhich Keegan Kelley Klauber Koon Lanford Law Littlejohn McKay Meacham Quinn Richardson Riser Sharpe Shissias Simrill Smith, D. Smith, R. Stille Stone Stuart Sturkie Thomas Townsend Vaughn Walker Wells Wilkins Witherspoon Wofford Wright Young, A. Young, R.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. WALKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baker Brown, H. Cato Clyborne Cooper Davenport Fair Fulmer Gamble Gonzales Hallman Harrell Haskins Huff Hutson Jaskwhich Keegan Kelley Klauber Koon Lanford Law Littlejohn Marchbanks Meacham Quinn Richardson Riser Robinson Sharpe Shissias Simrill Smith, R. Stille Stone Stuart Sturkie Thomas Townsend Trotter Vaughn Walker Wells Wilkins Witherspoon Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Anderson Askins Bailey, G. Bailey, J. Baxley Boan Breeland Brown, G. Brown, J. Canty Carnell Cobb-Hunter Cromer Delleney Elliott Farr Felder Govan Harris, J. Harris, P. Hines Hodges Holt Houck Inabinett Jennings Kennedy Kinon Kirsh Martin Mattos McAbee McCraw McElveen McKay McLeod McMahand McTeer Moody-Lawrence Neal Phillips Rhoad Rogers Rudnick Scott Sheheen Smith, D. Snow Waldrop Whipper Wilder, D. Wilder, J. Wilkes Worley
So, the amendment was rejected.
Reps. KOON, TROTTER and STURKIE proposed the following Amendment No. 39 (Doc Name L:\council\legis\amend\JIC\5654HTC.94), which was rejected.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 36, Title 12 of the 1976 Code is amended by adding:
Section 12-36-1010. This article may be cited as the Property Tax Relief Sales Tax Act.
Section 12-36-1020. An additional tax equal to two percent 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 department shall prescribe tables establishing the total amount that may be added to the sales price to reflect all tax levied pursuant to this chapter.
Section 12-36-1030. (A) Notwithstanding any other provision of this chapter providing for the distribution of sales, use, and casual excise tax revenues, beginning July 1, 1995, the first two billion one hundred million dollars of the revenue of the taxes imposed by this chapter in a fiscal year must be credited to a separate fund in the State Treasury entitled the Property Tax Relief Fund. Beginning with revenues credited to the fund in fiscal year 1996-97, the amount credited each year must be adjusted by a percentage equal to any consumer price index increase in the twelve months ending on December 31 of the preceding year.
(B) The State Treasurer shall first use the proceeds of the Property Tax Relief Fund to pay the current interest and principal on general obligation bonds and lease payments on certificates of participation in lease-purchase agreements of all counties, municipalities, school districts, and special purpose or public service districts of the State outstanding as of July 1, 1995.
(C) (1) After deduction of amounts paid pursuant to subsection (B), the State Treasurer shall distribute the remaining revenues in the Property Tax Relief Fund quarterly as follows:
(a) sixty-one and ninety-nine hundredths percent to school districts based on the proportion that the one hundred thirty-five day average daily membership of the district is to the State total one hundred thirty-five day average daily membership;
(b) twenty-five and sixty-four hundredths percent to counties based on the percentage that the population in the unincorporated area of a county is of the total population in unincorporated areas in the State;
(c) twelve and thirty-seven hundredths percent to municipalities based on the percentage that the population of the municipality is of the total municipal population in the State.
(2) Population figures used in this subsection must be figures provided by the annual update of census data.
(D) A county shall allocate a portion of its distribution to any special purpose or public service district in the county if the district imposed a property tax millage for tax year 1994. The allocation must be based on the percentage of the total of county and district property tax revenues for tax year 1994 represented by district property tax revenue for the same year.
(E) Sales, use, and casual excise tax revenues not credited to the Property Tax Relief Fund must be distributed for the purposes and in the proportions applicable for the distribution of such revenues in fiscal year 1993-94.
Section 12-36-1040. For property tax year 1995, the millage imposed by a county, municipality, school district, and special purpose or public service district is reduced by fifty percent over the millage rate imposed by the entity in the prior tax year. After 1995 and until all outstanding general obligation bonds issued by a taxing entity are repaid, no taxing entity may impose a property tax except to avoid default on general obligation bonds of the entity. When all outstanding general obligation bonds of a taxing entity in a county, including county issued bonds are repaid, no property tax may be levied by a county, municipality, school district, special purpose or public service district for any purpose and the office of county assessor and delinquent tax collector, or its equivalent, is abolished.
Section 12-36-1050. After June 30, 1995, no general obligation bonds may be issued pledging property tax revenues for repayment and no bonds pledging any Property Tax Relief Fund revenues for repayment may be issued without the prior permission of the State Budget and Control Board."
SECTION 2. Section 12-36-2120 of the 1976 Code, as last amended by Section 198, Act 181 of 1993, is further amended to read:
"Section 12-36-2120. Exempted from the taxes imposed by this chapter are the gross proceeds of sales, or sales price of:
(1) tangible personal property or receipts of any business which the State is prohibited from taxing by the Constitution or laws of the United States of America or by the Constitution or laws of this State;
(2) tangible personal property sold to the federal government;
(3) textbooks, magazines, and periodicals used as a part of a course of study in primary and secondary schools and institutions of higher learning, and all books, magazines, and periodicals sold to publicly supported state, county, or regional libraries which are open to the public without charge;
(4) livestock. 'Livestock' is defined as domesticated animals customarily raised on South Carolina farms for use primarily as beasts of burden, or food, and certain mammals when raised for their pelts or fur. Animals such as dogs, cats, reptiles, fowls (except baby chicks and poults), and animals of a wild nature, are not considered livestock;
(5) feed used for the production and maintenance of poultry and livestock;
(6) insecticides, chemicals, fertilizers, soil conditioners, seeds, or seedlings, or nursery stock, used solely in the production for sale of farm, dairy, grove, vineyard, or garden products or in the cultivation of poultry or livestock feed;
(7) containers and labels used in:
(a) preparing agricultural, dairy, grove, or garden products for sale; or
(b) preparing turpentine gum, gum spirits of turpentine, and gum resin for sale.
For purposes of this exemption, containers mean boxes, crates, bags, bagging, ties, barrels, and other containers;
(8) newsprint paper, newspapers, and religious publications, including the Holy Bible and the South Carolina Department of Agricultures The Market Bulletin;
(9) coal, or coke or other fuel sold to manufacturers, electric power companies, and transportation companies for:
(a) use or consumption in the production of by-products;
(b) the generation of heat or power used in manufacturing tangible personal property for sale. For purposes of this item, 'manufacturer' or 'manufacturing' includes the activities of a processor;
(c) the generation of electric power or energy for use in manufacturing tangible personal property for sale; or
(d) the generation of motive power for transportation. For the purposes of this exemption, 'manufacturer' or 'manufacturing' includes the activities of mining and quarrying;
(10) (a) meals or foodstuffs used in furnishing meals to school children, if the sales or use are within school buildings and are not for profit;
(b) meals or foodstuffs provided to elderly or disabled persons at home by nonprofit organizations that receive only charitable contributions in addition to sale proceeds from the meals;
(11) (a) toll charges for the transmission of voice or messages between telephone exchanges;
(b) charges for telegraph messages; and
(c) carrier access charges and customer access line charges established by the Federal Communications Commission or the South Carolina Public Service Commission;
(12) water sold by public utilities, if rates and charges are of the kind determined by the Public Service Commission, or water sold by nonprofit corporations organized pursuant to Sections 33-35-10 to 33-35-170;
(13) fuel, lubricants, and supplies for use or consumption aboard ships in intercoastal trade or foreign commerce. This exemption does not exempt or exclude from the tax the sale of materials and supplies used in fulfilling a contract for the painting, repair, or reconditioning of ships and other watercraft;
(14) wrapping paper, wrapping twine, paper bags, and containers, used incident to the sale and delivery of tangible personal property;
(15) gasoline or other motor vehicle fuels taxed at the same rate as gasoline, fuels used in farm machinery, farm tractors, and commercial fishing vessels, and clean alternative transportation fuels as defined in regulation by the South Carolina Department of Revenue and Taxation as defined by the State Energy Office. Gasoline used in aircraft is not exempted by this item;
(16) farm machinery and their replacement parts and attachments, used in planting, cultivating or harvesting farm crops, including bulk coolers (farm dairy tanks) used in the production and preservation of milk on dairy farms, and machines used in the production of poultry and poultry products on poultry farms, when such products are sold in the original state of production or preparation for sale. This exemption does not include automobiles or trucks;
(17) machines used in manufacturing, processing, compounding, mining, or quarrying tangible personal property for sale. 'Machines' include the parts of machines, attachments, and replacements used, or manufactured for use, on or in the operation of the machines and which are necessary to the operation of the machines and are customarily so used. This exemption does not include automobiles or trucks;
(18) fuel used exclusively to cure agricultural products;
(19) electricity used by manufacturers, miners, or quarriers to manufacture, mine, or quarry tangible personal property for sale. For purposes of this item, 'manufacturer' or 'manufacture' includes the activities of processors;
(20) railroad cars, locomotives, and their parts, monorail cars, and the engines or motors that propel them, and their parts;
(21) vessels and barges of more than fifty tons burden;
(22) materials necessary to assemble missiles to be used by the Armed Forces of the United States;
(23) farm, grove, vineyard, and garden products, if sold in the original state of production or preparation for sale, when sold by the producer or by members of the producers immediate family;
(24) supplies and machinery used by laundries, cleaning, dyeing, or pressing establishments in the direct performance of their primary function, but not sales of supplies and machinery used by coin-operated laundromats;
(25) motor vehicles (excluding trucks) or motorcycles, which are required to be licensed to be used on the highways, sold to a resident of another state, but who is located in South Carolina by reason of orders of the United States Armed Forces. This exemption is allowed only if, within ten days of the sale, the vendor is furnished a statement, from a commissioned officer of the Armed Forces of a higher rank than the purchaser, certifying that the buyer is a member of the Armed Forces on active duty, and a resident of another state;
(26) all supplies, technical equipment, machinery, and electricity sold to radio and television stations, and cable television systems, for use in producing, broadcasting, or distributing programs. For the purpose of this exemption, radio stations, television stations, and cable television systems are deemed to be manufacturers;
(27) all plants and animals sold to any publicly supported zoological park or garden or to any of its nonprofit support corporations;
(28) medicine and prosthetic devices sold by prescription; hypodermic needles, insulin, alcohol swabs, and blood sugar testing strips sold to diabetics under the authorization and direction of a physician; and dental prosthetic devices;
(29) Reserved;
(30) office supplies, or other commodities, and services resold by the Division of General Services of the State Budget and Control Board to departments and agencies of the state government, if the tax was paid on the divisions original purchase;
(31) vacation time sharing lease plans as provided by Chapter 32 of Title 27;
(32) natural and liquefied petroleum gas and electricity used exclusively in the production of poultry, livestock, swine, and milk;
(33) electricity, natural gas, fuel oil, kerosene, LP gas, coal, or any other combustible heating material or substance used for residential purposes. Individual sales of kerosene of twenty gallons or less by retailers are considered used for residential heating purposes;
(34) thirty-five percent of the gross proceeds of the sale of modular homes as defined in Section 31-17-20;
(35) motion picture film sold or rented to or by theaters;
(36) tangible personal property where the seller, by contract of sale, is obligated to deliver to the buyer, or to an agent or donee of the buyer, at a point outside this State or to deliver it to a carrier or to the mails for transportation to the buyer, or to an agent or donee of the buyer, at a point outside this State;
(37) petroleum asphalt products, commonly used in paving, purchased in this State, which are transported and consumed out of this State;
(38) hearing aids, as defined by Section 40-25-20(5);
(39) concession sales at a festival by an organization devoted exclusively to public or charitable purposes, if:
(a) all the net proceeds are used for those purposes;
(b) the festival is listed as a special event in the calendar of events provided by the South Carolina Department of Parks, Recreation and Tourism; and
(c) in advance of the festival, its organizers provide the commission, on a form it prescribes, information necessary to insure compliance with this item. For purposes of this item, a 'festival' does not include a recognized state or county fair;
(40) containers and chassis, including all parts, components, and attachments, sold to international shipping lines which have a contractual relationship with the South Carolina State Ports Authority and which are used in the import or export of goods to and from this State. The exemption allowed by this item is effective for sales after June 30, 1982;
(41) items sold by organizations exempt under Section 12-37-220 A(3) and (4) and B(5), (6), (7), (8), (12), (16), (19), (22), and (24), if the net proceeds are used exclusively for exempt purposes and no benefit inures to any individual. An organization whose sales are exempted by this item is also exempt from the retail license tax provided in Article 5 of this chapter. The exemption allowed by this item is effective for sales after June 30, 1989;
(42) depreciable assets, used in the operation of a business, pursuant to the sale of the business. This exemption only applies when the entire business is sold by the owner of it, pursuant to a written contract and the purchaser continues operation of the business. The exemption allowed by this item is effective for sales after June 30, 1987.
(43) all supplies, technical equipment, machinery, and electricity sold to motion picture companies for use in filming or producing motion pictures. For the purposes of this item, 'motion picture' means any audiovisual work with a series of related images either on film, tape, or other embodiment, where the images shown in succession impart an impression of motion together with accompanying sound, if any, which is produced, adapted, or altered for exploitation as entertainment, advertising, promotional, industrial, or educational media; and a 'motion picture company' means a company generally engaged in the business of filming or producing motion pictures;
(44) electricity used to irrigate crops;
(45) gross proceeds from the sale of building materials, supplies, fixtures, and equipment for the construction, repair, or improvement of or that become a part of a self-contained enclosure or structure specifically designed, constructed, and used for the commercial housing of poultry or livestock.
(46) War memorials or monuments honoring units or contingents of the Armed Forces of the United States or of the National Guard, including United States military vessels, which memorials or monuments are affixed to public property;"
SECTION 3. Section 12-36-2110 of the 1976 Code is repealed.
SECTION 4. This act takes effect July 1, 1995./
Amend title to conform.
Rep. KOON explained the amendment.
Rep. ANDERSON objected to the Bill.
Rep. KOON continued speaking.
Rep. STURKIE spoke in favor of the amendment.
Rep. RUDNICK raised the Point of Order that Amendment No. 39 was out of order as it was not germane.
The SPEAKER stated it was germane in the way that it was drafted and he overruled the Point of Order.
Rep. G. BROWN spoke against the amendment.
Reps. WALDROP, WILKES and HASKINS spoke in favor of the amendment.
Rep. GRAHAM spoke against the amendment.
Rep. CARNELL moved that the House do now adjourn.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Carnell Chamblee Cobb-Hunter Elliott Hallman Harris, P. Inabinett McAbee Moody-Lawrence Rudnick Whipper Wilder, D.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Askins Bailey, G. Bailey, J. Baker Baxley Beatty Boan Breeland Brown, H. Canty Cato Clyborne Cooper Corning Cromer Davenport Delleney Fair Fulmer Gamble Gonzales Govan Graham Harrell Harris, J. Haskins Hodges Holt Houck Huff Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Martin Mattos McCraw McElveen McKay McLeod Meacham Neal Neilson Quinn Rhoad Richardson Riser Robinson Rogers Sharpe Sheheen Shissias Simrill Smith, R. Snow Spearman Stille Stone Stuart Sturkie Thomas Townsend Trotter Vaughn Waldrop Walker Wells Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the House refused to adjourn.
Rep. FAIR spoke in favor of the amendment.
Rep. G. BROWN spoke against the amendment.
Reps. CANTY, BAKER and WALKER spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey, G. Baker Brown, H. Canty Corning Delleney Elliott Fair Fulmer Gamble Gonzales Hallman Harrell Harris, P. Haskins Hutson Kelley Keyserling Klauber Koon Lanford Law Littlejohn McAbee McElveen McKay Quinn Riser Robinson Sharpe Shissias Smith, R. Stille Stuart Sturkie Thomas Townsend Trotter Waldrop Walker Wilkes Witherspoon Worley Wright
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Anderson Askins Bailey, J. Baxley Beatty Boan Breeland Brown, G. Cato Chamblee Clyborne Cobb-Hunter Cooper Cromer Davenport Farr Govan Graham Harris, J. Hines Hodges Holt Houck Huff Inabinett Jaskwhich Jennings Keegan Kennedy Kirsh Marchbanks Martin Mattos McCraw McLeod McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Rogers Rudnick Scott Sheheen Simrill Smith, D. Snow Spearman Stone Vaughn Wells Whipper Wilder, D. Wilder, J. Wilkins Wofford Young, A.
So, the amendment was rejected.
Rep. FARR moved immediate cloture on the entire matter.
Rep. GONZALES 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, G. Bailey, J. Baxley Boan Brown, G. Cromer Elliott Fair Farr Harris, J. Harris, P. Haskins Hines Houck Jaskwhich Jennings Keegan Kirsh Law Mattos McAbee McCraw McKay McLeod McMahand Meacham Moody-Lawrence Neilson Phillips Rhoad Richardson Robinson Rogers Sheheen Simrill Smith, D. Snow Spearman Stuart Waldrop Wilder, D. Wilder, J. Wilkes Wilkins Wofford
Those who voted in the negative are:
Allison Anderson Baker Beatty Breeland Brown, H. Canty Cato Chamblee Clyborne Cobb-Hunter Cooper Corning Davenport Delleney Fulmer Gamble Gonzales Govan Graham Hallman Harrell Holt Huff Hutson Inabinett Kelley Kennedy Keyserling Klauber Koon Littlejohn Marchbanks Martin McElveen McTeer Neal Quinn Riser Rudnick Scott Sharpe Shissias Smith, R. Stille Stone Sturkie Thomas Townsend Trotter Vaughn Walker Whipper Witherspoon Worley Wright Young, A.
So, immediate cloture was rejected.
Rep. INABINETT moved that the House do now adjourn.
Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Anderson Bailey, G. Bailey, J. Baxley Breeland Brown, G. Brown, H. Cobb-Hunter Elliott Fair Farr Gonzales Graham Hallman Harris, P. Holt Houck Inabinett Jaskwhich Jennings Kennedy Koon Marchbanks McAbee McMahand Moody-Lawrence Neal Phillips Rhoad Rudnick Scott Sheheen Snow Spearman Stille Thomas Townsend Trotter Waldrop Whipper Wilder, J.
Those who voted in the negative are:
Alexander, M.O. Allison Askins Baker Boan Canty Cato Chamblee Clyborne Cooper Corning Cromer Davenport Delleney Fulmer Gamble Govan Harrell Harris, J. Haskins Huff Hutson Keegan Kelley Keyserling Kirsh Klauber Lanford Law Littlejohn Mattos McCraw McElveen McLeod McTeer Meacham Quinn Richardson Riser Robinson Rogers Sharpe Shissias Simrill Smith, R. Stone Stuart Sturkie Vaughn Walker Wilder, D. Wilkes Wilkins Wofford Wright Young, A.
So, the House refused to adjourn.
The SPEAKER granted Rep. INABINETT a leave of absence for the remainder of the day.
Reps. McLEOD and SHEHEEN proposed the following Amendment No. 40 (Doc Name L:\council\legis\amend\JIC\5658HTC.94), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 12-43-220(c) of the 1976 Code, as last amended by Section 219, Act 181 of 1993, is further amended by adding at the end:
"No residential property owner-occupant is eligible for the assessment ratio allowed by this item unless the person both resides and is domiciled in this State."/
Renumber sections to conform.
Amend title to conform.
Rep. McLEOD explained the amendment.
The amendment was then adopted.
Rep. QUINN proposed the following Amendment No. 41 (Doc Name L:\council\legis\amend\JIC\5665HTC.94), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, page 4633-3, line 35, by striking /and lease-purchase payments/.
Amend further, page 4633-4, line 20, by striking /and lease-purchase payments/.
Amend further, page 4633-5, line 3, and beginning on line 20, by striking /lease-purchase payments/.
Amend further, by adding a new SECTION appropriately numbered to read:
/SECTION ___. In addition to any other limits on the revenue raising power, the governing body of a county, municipality, school district, or special purpose or public service district may not impose an additional tax or fee or remove existing exemptions except upon a three-fourths vote of the governing body."
B. This section takes effect July 1, 1994./
Renumber sections to conform.
Amend title to conform.
Rep. QUINN explained the amendment.
Rep. BOAN 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, M.O. Alexander, T.C. Anderson Askins Baxley Boan Breeland Brown, G. Cobb-Hunter Cromer Delleney Farr Gonzales Govan Harrell Harris, J. Harris, P. Harvin Hines Houck Jennings Kennedy Kirsh Martin Mattos McAbee McCraw McElveen McKay McLeod McMahand Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Rogers Rudnick Scott Sheheen Snow Spearman Stuart Thomas Trotter Whipper Wilder, D. Wilder, J. Wilkes Worley
Those who voted in the negative are:
Allison Bailey, G. Baker Brown, H. Cato Chamblee Clyborne Cooper Corning Davenport Fair Gamble Hallman Haskins Hutson Jaskwhich Keegan Kelley Klauber Koon Law Littlejohn Meacham Quinn Riser Sharpe Shissias Simrill Smith, D. Smith, R. Stille Stone Sturkie Townsend Vaughn Walker Wells Wilkins Witherspoon Wofford Wright Young, A.
So, the amendment was tabled.
Rep. QUINN proposed the following Amendment No. 42 (Doc Name L:\council\legis\amend\JIC\5663HTC.94), which was adopted.
Amend the Report of the Committee on Ways and Means, as and if amended, page 4633-3, line 35, by striking /and lease-purchase payments/.
Amend further, page 4633-4, line 20, by striking /and lease-purchase payments/.
Amend further, page 4633-5, line 3, and beginning on line 20, by striking /lease-purchase payments/.
Amend title to conform.
Rep. QUINN explained the amendment.
Rep. GONZALES 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, M.O. Anderson Askins Boan Breeland Cobb-Hunter Cromer Delleney Gonzales Harris, J. Harris, P. Hines Houck Jennings Kennedy Martin Mattos McAbee McCraw McElveen McKay McLeod McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Rogers Scott Snow Stille Stuart Townsend Whipper Wilder, D. Wilder, J. Wilkes Worley
Those who voted in the negative are:
Alexander, T.C. Allison Bailey, G. Baker Baxley Brown, H. Cato Chamblee Clyborne Cooper Corning Davenport Fair Farr Fulmer Gamble Hallman Harrell Harvin Haskins Hutson Jaskwhich Keegan Kelley Kirsh Klauber Koon Law Littlejohn Marchbanks Meacham Quinn Rudnick Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stone Sturkie Thomas Trotter Vaughn Walker Wilkins Witherspoon Wofford Wright Young, A.
So, the House refused to table the amendment.
Rep. GONZALES spoke against the amendment.
Rep. QUINN spoke in favor of the amendment.
Rep. SCOTT spoke against the amendment.
Rep. ROGERS moved to adjourn debate upon the amendment.
Rep. QUINN demanded the yeas and nays, which were not ordered.
The House refused to adjourn debate by a division vote of 40 to 41.
The question then recurred to the adoption of 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. Allison Bailey, G. Baker Baxley Brown, H. Cato Chamblee Clyborne Cooper Corning Cromer Davenport Delleney Fair Fulmer Gamble Hallman Harvin Haskins Hutson Jaskwhich Keegan Kelley Kennedy Kirsh Klauber Koon Lanford Littlejohn Marchbanks Meacham Phillips Quinn Richardson Riser Robinson Rudnick Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Stone Stuart Thomas Vaughn Walker Wells Wilkes Wilkins Witherspoon Wofford Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Anderson Askins Bailey, J. Boan Breeland Brown, G. Byrd Cobb-Hunter Farr Gonzales Govan Harris, J. Harris, P. Hines Hodges Houck Jennings Martin Mattos McAbee McElveen McKay McMahand McTeer Moody-Lawrence Neal Neilson Rhoad Rogers Scott Snow Spearman Stille Townsend Whipper Wilder, D. Wilder, J. Worley
So, the amendment was adopted.
Reps. DAVENPORT and CLYBORNE proposed the following Amendment No. 43 (Doc Name L:\council\legis\amend\JIC\5668HTC.94), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, in SECTION 2, page 4633-3, by inserting immediately after line 38:
/In addition to any other limits on the revenue raising power, the governing body of a county may not impose an additional tax or fee or remove existing exemptions except upon a three-fourths vote of the governing body./
Amend further, SECTION 3, page 4633-4, by inserting immediately after line 23:
/In addition to any other limits on the revenue raising power, the governing body of a municipality may not impose an additional tax or fee or remove existing exemptions except upon a three-fourths vote of the governing body./
Amend further, SECTION 4, page 4633-5, by inserting immediately after line 6:
/In addition to any other limits on the revenue raising power, the governing body of a special purpose district may not impose an additional tax or fee or remove existing exemptions except upon a three-fourths vote of the governing body./
Amend further, SECTION 5, page 4633-5, by inserting immediately after line 30:
/In addition to any other limits on the revenue raising power, the governing body authorized by law to levy school taxes may not impose an additional school tax or school fee or remove existing exemptions except upon a three-fourths vote of the governing body./
Amend title to conform.
Rep. CLYBORNE explained the amendment.
Rep. CLYBORNE continued speaking.
The SPEAKER Pro Tempore granted Rep. CANTY a temporary leave of absence.
Rep. SHEHEEN spoke against the amendment.
Rep. CLYBORNE spoke in favor of the amendment.
Rep. SHEHEEN moved to table the amendment.
Rep. CORNING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Anderson Askins Bailey, G. Bailey, J. Baxley Boan Breeland Brown, G. Cobb-Hunter Cromer Delleney Farr Gonzales Govan Graham Harris, J. Harris, P. Harvin Hines Hodges Houck Jennings Kennedy Keyserling Kinon Koon Lanford Marchbanks Martin Mattos McAbee McCraw McElveen McLeod McMahand McTeer Neal Phillips Rhoad Richardson Robinson Rogers Rudnick Scott Sheheen Snow Spearman Stille Thomas Trotter Whipper Wilder, D. Wilder, J. Wilkes Worley
Those who voted in the negative are:
Baker Brown, H. Cato Chamblee Clyborne Cooper Corning Davenport Fair Fulmer Gamble Hallman Harrell Haskins Huff Hutson Jaskwhich Keegan Kelley Kirsh Klauber Law Littlejohn McKay Meacham Moody-Lawrence Quinn Riser Sharpe Shissias Simrill Smith, D. Smith, R. Stone Stuart Sturkie Townsend Vaughn Walker Witherspoon Wofford Wright Young, A.
So, the amendment was tabled.
Reps. TOWNSEND, TROTTER, ALLISON, STILLE, VAUGHN, COOPER, WALKER, A. YOUNG, LITTLEJOHN, JASKWHICH, WELLS and HUFF proposed the following Amendment No. 44 (Doc Name L:\council\legis\amend\CYY\15825AC.94).
Amend the bill, as and if amended, page 4633-5, Section 5, by deleting beginning on line 28 /then additional revenues may be raised by ad valorem taxes sufficient to meet this requirement/ and inserting /the General Assembly must appropriate sufficient funds to meet this requirement with no mid-year cuts imposed on school districts/
Amend title to conform.
Rep. TOWNSEND explained the amendment.
Rep. BOAN moved to table the amendment.
Rep. TOWNSEND demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey, J. Boan Brown, G. Cobb-Hunter Cromer Delleney Farr Harris, J. Hines Hodges Houck Jennings Keegan Keyserling Kinon Kirsh Marchbanks McAbee McCraw McElveen McKay McLeod McTeer Moody-Lawrence Neal Robinson Rogers Sheheen Waldrop
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Baker Baxley Beatty Breeland Brown, H. Brown, J. Byrd Cato Chamblee Clyborne Cooper Corning Davenport Fair Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harris, P. Harvin Haskins Huff Hutson Jaskwhich Kelley Kennedy Klauber Koon Lanford Law Littlejohn Martin Meacham Phillips Quinn Richardson Riser Rudnick Scott Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stone Stuart Sturkie Thomas Townsend Trotter Vaughn Walker Wells Whipper Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the House refused to table the amendment.
Rep. KENNEDY moved to adjourn debate upon the amendment, which was adopted.
Reps. ROBINSON, CLYBORNE and A. YOUNG proposed the following Amendment No. 45 (Doc Name L:\council\legis\amend\JIC\5667HTC.94), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, in SECTION 2, page 4633-3, by inserting immediately after line 38:
/In addition to any other limits on the revenue raising power, the governing body of a county may not impose an additional tax or fee or remove existing exemptions except upon a two-thirds vote of the governing body./
Amend further, SECTION 3, page 4633-4, by inserting immediately after line 23:
/In addition to any other limits on the revenue raising power, the governing body of a municipality may not impose an additional tax or fee or remove existing exemptions except upon a two-thirds vote of the governing body./
Amend further, SECTION 4, page 4633-5, by inserting immediately after line 6:
/In addition to any other limits on the revenue raising power, the governing body of a special purpose district may not impose an additional tax or fee or remove existing exemptions except upon a two-thirds vote of the governing body./
Amend further, SECTION 5, page 4633-5, by inserting immediately after line 30:
/In addition to any other limits on the revenue raising power, the governing body authorized by law to levy school taxes may not impose an additional school tax or school fee or remove existing exemptions except upon a two-thirds vote of the governing body./
Amend title to conform.
Rep. ROBINSON explained the amendment.
Rep. STILLE raised the Point of Order that Amendment No. 45 was out of order as it was not germane.
Rep. ROBINSON argued contra the Point.
Rep. STILLE stated that the Bill dealt with existing taxation and the amendment dealt with new taxation.
Rep. McABEE stated, citing Section B of 4-9-55, that except upon approval of each house of the General Assembly by two-thirds of the members voting in each house, the General Assembly may not enact, amend, or repeal any general law if the anticipated effect of doing so would be to reduce the authority that counties have to raise revenues in the aggregate.
SPEAKER Pro Tempore WILKINS overruled the Point of Order.
Rep. ROBINSON continued speaking.
Rep. ROGERS moved to table the amendment.
Rep. A. YOUNG demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 43 to 40.
Rep. FARR moved immediate cloture on the entire matter.
Rep. MEACHAM raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. HALLMAN 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. Boan Brown, G. Carnell Cato Clyborne Cromer Farr Graham Harris, J. Harris, P. Harvin Haskins Hines Hodges Houck Hutson Jaskwhich Jennings Keegan Kennedy Kinon Kirsh Lanford Mattos McAbee McCraw McKay McLeod McMahand McTeer Meacham Neilson Phillips Rhoad Rogers Rudnick Sheheen Simrill Smith, R. Stone Vaughn Waldrop Whipper Wilder, D. Wilder, J. Young, A.
Those who voted in the negative are:
Allison Anderson Baker Beatty Breeland Brown, H. Byrd Chamblee Cobb-Hunter Cooper Corning Davenport Delleney Fulmer Gamble Gonzales Govan Hallman Huff Kelley Keyserling Klauber Koon Law Littlejohn Marchbanks McElveen Moody-Lawrence Neal Quinn Richardson Riser Robinson Scott Sharpe Shissias Smith, D. Snow Spearman Stille Stuart Sturkie Thomas Townsend Trotter Walker Wells Wilkes Witherspoon Wofford Worley Wright
So, immediate cloture was rejected.
Rep. McTEER moved that the House do now adjourn.
Rep. CLYBORNE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Anderson Askins Bailey, G. Bailey, J. Baxley Boan Breeland Brown, G. Brown, H. Carnell Delleney Fair Farr Harris, J. Harris, P. Hines Hodges Houck Jaskwhich Jennings Kennedy Kinon Koon Martin Mattos McAbee McCraw McKay McLeod McMahand McTeer Neilson Phillips Rhoad Rogers Rudnick Sharpe Sheheen Snow Spearman Stille Thomas Vaughn Waldrop Whipper Wilder, J. Wilkes Witherspoon
Those who voted in the negative are:
Allison Baker Beatty Byrd Cato Chamblee Clyborne Cobb-Hunter Cooper Corning Cromer Davenport Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harvin Haskins Huff Hutson Keegan Kelley Kirsh Klauber Lanford Law Littlejohn Marchbanks Meacham Moody-Lawrence Neal Quinn Richardson Riser Robinson Scott Shissias Simrill Smith, D. Smith, R. Stone Sturkie Trotter Walker Wells Wilder, D. Wilkins Wofford Worley Wright Young, A.
So, the House refused to adjourn.
Rep. ROBINSON proposed the following Amendment No. 46 (Doc Name L:\council\legis\amend\JIC\5675HTC.94), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, SECTION 12, page 4633-8, line 25, by striking /fifth/ and inserting /tenth/.
Amend title to conform.
Rep. ROBINSON explained the amendment.
Rep. BOAN moved to table the amendment, which was agreed to.
Reps. MARCHBANKS and WILKINS proposed the following Amendment No. 47 (Doc Name L:\council\legis\amend\JIC\5676HTC.94).
Amend the Report of the Committee on Ways and Means, as and if amended, page 4633-2, line 10, by striking /and/ and inserting /, hereafter full funding of any state mandates, and/.
Amend title to conform.
Rep. MARCHBANKS explained the amendment.
Rep. BOAN moved to table the amendment, which was not agreed to by a division vote of 36 to 37.
Rep. ROGERS spoke against the amendment.
Rep. MARCHBANKS spoke in favor of the amendment.
Rep. MARCHBANKS moved to adjourn debate upon the amendment, which was adopted.
Rep. FARR moved that the House do now adjourn.
Rep. SIMRILL raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Breeland Brown, J. Byrd Carnell Cobb-Hunter Delleney Farr Fulmer Govan Hallman Harrell Harris, P. Harvin Jennings Keyserling McAbee McElveen McKay McLeod Moody-Lawrence Neal Rhoad Rudnick Scott Sharpe Sheheen Snow Spearman Stille Thomas Townsend Waldrop Whipper
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Askins Baker Boan Brown, G. Brown, H. Cato Chamblee Clyborne Cooper Corning Cromer Davenport Gamble Gonzales Graham Harris, J. Haskins Hines Hodges Houck Huff Hutson Jaskwhich Keegan Kelley Kinon Kirsh Klauber Lanford Law Littlejohn Mattos McCraw McMahand Meacham Neilson Phillips Richardson Riser Robinson Shissias Simrill Smith, R. Stone Stuart Trotter Vaughn Walker Wells Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Wright Young, A.
So, the House refused to adjourn.
Rep. M.O. ALEXANDER moved immediate cloture on the entire matter.
Rep. SIMRILL raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.
Rep. HODGES moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.
Reps. VAUGHN, HASKINS and CATO propose the following Amendment No. 50 (Doc Name L:\council\legis\amend\JIC\5678HTC.94), which was adopted.
Amend the Report of the Committee on Ways and Means, as and if amended, SECTION 5, page 4633-5, by adding a new paragraph at the end of the section to read:
/The provisions of this section may not be construed to amend or repeal any existing provision of law limiting the fiscal autonomy of a school district to the extent those limitations are more restrictive than the provisions of this section./
Amend title to conform.
Rep. VAUGHN explained the amendment.
The amendment was then adopted.
Rep. VAUGHN proposed the following Amendment No. 51 (Doc Name L:\council\legis\amend\JIC\5677HTC.94), which was adopted.
Amend the Report of the Committee on Ways and Means, as and if amended, page 4633-3, by striking line 36.
Amend further, page 4633-4, by striking line 21.
Amend further, page 4633-5, by striking lines 4 and 22.
Renumber sections and items to conform.
Amend title to conform.
Rep. VAUGHN explained the amendment.
The amendment was then adopted.
Rep. COBB-HUNTER proposed the following Amendment No. 52 (Doc Name L:\council\legis\amend\JIC\5680HTC.94), which was rejected.
Amend the Report of the Committee on Ways and Means, as and if amended, SECTION 2, page 4633-3, after line 38, by adding an appropriately numbered item to read:
/( ) spending for economic development purposes./
Amend further, SECTION 3, page 4633-4, after line 23, by adding an appropriately numbered item to read:
/( ) spending for economic development purposes./
Amend further, SECTION 4, page 4633-5, after line 6, by adding an appropriately numbered item to read:
/( ) spending for economic development purposes./
Renumber to conform.
Amend title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. BOAN moved to table the amendment, which was not agreed to.
Rep. BAKER spoke against the amendment.
The amendment was then rejected by a division vote of 33 to 57.
Rep. LANFORD moved to reconsider the vote whereby Amendment No. 45 was tabled.
Rep. SCOTT moved to table the motion to reconsider.
Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Askins Bailey, J. Boan Breeland Brown, G. Brown, J. Carnell Cobb-Hunter Cromer Farr Gonzales Govan Harris, J. Harris, P. Harvin Hines Hodges Houck Jennings Kelley Kennedy Keyserling Kinon Martin Mattos McCraw McLeod McMahand Moody-Lawrence Neal Neilson Rhoad Rogers Rudnick Scott Sheheen Spearman Stille Stuart Wilkes
Those who voted in the negative are:
Alexander, T.C. Allison Baker Brown, H. Cato Clyborne Cooper Corning Davenport Delleney Fair Fulmer Gamble Graham Hallman Harrell Haskins Huff Hutson Jaskwhich Keegan Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks McElveen McKay Meacham Phillips Quinn Richardson Riser Robinson Sharpe Shissias Simrill Smith, D. Smith, R. Snow Stone Sturkie Trotter Vaughn Waldrop Walker Wells Wilder, D. Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider.
Rep. SCOTT 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 Baxley Brown, H. Cato Chamblee Clyborne Cooper Corning Davenport Fair Fulmer Gamble Graham Hallman Harrell Haskins Huff Hutson Jaskwhich Keegan Kelley Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Mattos McKay Meacham Phillips Richardson Riser Robinson Sharpe Shissias Simrill Smith, D. Smith, R. Snow Stone Thomas Townsend Trotter Vaughn Waldrop Walker Wells Wilder, D. Wilkins Witherspoon Wofford Wright Young, A.
Those who voted in the negative are:
Anderson Askins Bailey, J. Boan Breeland Carnell Cobb-Hunter Cromer Delleney Farr Gonzales Govan Harris, J. Harris, P. Harvin Hines Houck Jennings Kennedy Keyserling Kinon McCraw McElveen McMahand Moody-Lawrence Neal Neilson Rhoad Rogers Rudnick Scott Sheheen Spearman Stille Stuart Wilder, J. Wilkes Worley
So, the motion to reconsider was agreed to.
Rep. BOAN moved immediate cloture on the entire matter.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Anderson Askins Bailey, G. Bailey, J. Baxley Boan Breeland Carnell Cato Chamblee Clyborne Cobb-Hunter Cromer Farr Govan Graham Harris, J. Harris, P. Harvin Haskins Hines Hodges Houck Jaskwhich Jennings Keegan Kinon Kirsh Lanford Marchbanks Mattos McCraw McKay McLeod McMahand Meacham Moody-Lawrence Neilson Phillips Richardson Rogers Rudnick Sheheen Smith, D. Smith, R. Stone Townsend Trotter Whipper Wilder, D. Wilder, J. Wilkes Young, A.
Those who voted in the negative are:
Allison Baker Brown, H. Brown, J. Cooper Corning Davenport Delleney Fair Fulmer Gamble Gonzales Hallman Harrell Huff Hutson Kelley Keyserling Klauber Koon Law Littlejohn McElveen Neal Riser Robinson Scott Sharpe Shissias Simrill Snow Spearman Stille Stuart Sturkie Thomas Vaughn Waldrop Walker Wells Wilkins Witherspoon Wofford Worley Wright
So, immediate cloture was ordered.
Rep. BOAN moved that the House do now adjourn.
Rep. KLAUBER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Askins Bailey, G. Bailey, J. Baxley Boan Breeland Brown, G. Brown, J. Byrd Carnell Cobb-Hunter Delleney Fair Farr Govan Harris, J. Harris, P. Hines Hodges Houck Jaskwhich Jennings Kennedy Keyserling Kinon Koon Marchbanks Mattos McCraw McElveen McKay McLeod McMahand Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Rudnick Scott Sheheen Snow Spearman Stille Thomas Townsend Waldrop Whipper Wilder, J. Wilkins Witherspoon
Those who voted in the negative are:
Alexander, T.C. Allison Baker Brown, H. Cato Chamblee Clyborne Cooper Corning Cromer Davenport Fulmer Gamble Gonzales Graham Hallman Harrell Harvin Haskins Huff Hutson Keegan Kelley Kirsh Klauber Lanford Law Littlejohn Meacham Richardson Robinson Shissias Simrill Smith, D. Smith, R. Stone Stuart Trotter Vaughn Walker Wells Wilder, D. Wilkes Wofford Worley Young, A.
So, the motion to adjourn was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 45, immediate cloture having been ordered.
The Senate returned to the House with concurrence the following:
H. 4869 -- Reps. Martin, Snow, Kelley, Witherspoon, Worley, Keegan and Thomas: A CONCURRENT RESOLUTION TO COMMEND MIKE PATE AND VERNIE DOVE OF HORRY COUNTY AND THE CITIZENS OF HORRY COUNTY FOR ESTABLISHING THE "KIDS VOTING OF HORRY COUNTY" PROGRAM, A NONPROFIT, NONPARTISAN VOTER EDUCATION PROGRAM, AND TO RECOGNIZE THIS PROGRAM AS A FINE EXAMPLE FOR PROMOTING CITIZEN PARTICIPATION IN GOVERNMENT.
H. 4871 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING PHILIP M. WHITE OF ANDERSON COUNTY ON BEING VOTED "SMALL BUSINESS PERSON OF THE YEAR" BY THE ANDERSON AREA CHAMBER OF COMMERCE.
H. 4880 -- Reps. Townsend, Cooper, Chamblee, P. Harris and Tucker: A CONCURRENT RESOLUTION COMMENDING ELBRIDGE JUETTE (E.J.) WRIGHT, JR., OF ANDERSON COUNTY FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE STATE BOARD OF EDUCATION FROM 1989 TO 1994.
H. 4881 -- Reps. Klauber, Carnell and McAbee: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF JOSEPH HOWARD PATRICK, DISTINGUISHED CITIZEN OF GREENWOOD COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
At 4:20 P.M. the House in accordance with the motion of Rep. HINES adjourned in memory of Rev. Julius Albert Lighty of Darlington, to meet at 10:00 A.M. tomorrow.
This web page was last updated on Monday, June 29, 2009 at 3:34 P.M.