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| Referred to Committee on Ways and Means.
On motion of Rep. CORNING, with unanimous consent, the following was taken up for immediate consideration:
H. 4743 -- Rep. Corning: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO RICHLAND NORTHEAST HIGH SCHOOL'S MODEL UNITED NATIONS TEAM AND THE TEAM'S FACULTY ADVISER ON WEDNESDAY, FEBRUARY 16, 1994, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED FOR CERTAIN ACHIEVEMENTS.
Be it resolved by the House of Representatives:
That Richland Northeast High School's Model United Nations Team and the team's faculty adviser are extended the privilege of the floor of the House of Representatives on Wednesday, February 16, 1994, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated for certain achievements.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as
follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Baker Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Canty Carnell Cato
Chamblee Clyborne Cobb-Hunter Cooper Corning Cromer Delleney Fair Farr Fulmer Gamble Govan Hallman Harrell Harrelson Harris, P. Haskins Hines Hodges Holt Houck Hutson Inabinett Jaskwhich Keegan Kelley Kennedy Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Mattos McAbee McCraw McKay McLeod McMahand McTeer Meacham Neal Neilson Phillips Quinn Richardson Riser Robinson Rogers Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stone Stuart Thomas Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkins Williams Witherspoon Wofford Worley Wright Young, A.STATEMENT OF ATTENDANCE I came in after the roll call and was present for the Session on Tuesday, February 15. Timothy C. Wilkes Thomas N. Rhoad Jean L. Harris Douglas Jennings, Jr. Robert A. Barber, Jr. G. Ralph Davenport, Jr. B. Hicks Harwell Roger M. Young Bessie Moody-Lawrence John G. Felder C. Lenoir Sturkie Larry L. Elliott Lindsey O. Graham Morgan Martin
Joseph T. McElveen, Jr. C. Alex Harvin, III Eugene C. Stoddard James H. Harrison
The SPEAKER granted Rep. KEYSERLING a leave of absence for the day.
The SPEAKER granted Rep. BYRD a leave of absence to attend a relative's funeral.
Announcement was made that Dr. Stanley C. Baker of Greenwood, is the Doctor of the Day for the General Assembly.
Rep. SHARPE arose to a Point of Personal Privilege.
Rep. DAVENPORT moved to adjourn debate upon the following Bill until Thursday, February 17, which was adopted.
H. 4605 -- Reps. Wells, Allison, Littlejohn, D. Smith, Walker, Lanford and Davenport: A BILL TO PROVIDE THAT THE MEMBERS OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION MUST BE APPOINTED BY THE SPARTANBURG COUNTY COUNCIL PURSUANT TO SECTION 4-9-170 OF THE 1976 CODE.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4720 -- Reps. Law, Williams, Wofford, R. Young and H. Brown: A BILL TO AMEND ACT 518 OF 1982, RELATING TO THE BERKELEY COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT VACANCIES MUST BE FILLED FOR THE UNEXPIRED PORTION OF THE TERM BY APPOINTMENT OF THE BERKELEY COUNTY LEGISLATIVE DELEGATION.
H. 3987 -- Reps. Riser, Snow, Rhoad, Inabinett and Witherspoon: A BILL TO AMEND SECTION 50-13-1180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TROTLINES, SO AS TO REVISE THE REQUIREMENTS FOR TROTLINE HOOKS USED IN LAKES MARION AND MOULTRIE.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 532 -- Senators Wilson, Bryan, Giese and Thomas: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO PROVIDE THAT LITTER INCLUDES CIGARETTES AND CIGARETTE FILTERS.
Rep. R. YOUNG moved to adjourn debate upon the following Bill until Tuesday, February 22, which was adopted.
H. 4124 -- Rep. Gonzales: A BILL TO AMEND SECTION 5-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDINANCES FOR UPKEEP OF PROPERTY IN A MUNICIPALITY, SO AS TO PROVIDE THAT THE COST TO THE MUNICIPALITY FOR CORRECTING PROPERTY CONDITIONS IS A LIEN WITH THE SAME PRIORITY AS MUNICIPAL TAXES.
The following Bill was taken up.
H. 4532 -- Reps. Hodges, Corning, Cromer, Harwell, Jennings, Scott, D. Smith, J. Wilder, R. Young, Wilkins, Harrell, Clyborne and Boan: A BILL TO AMEND SECTION 58-9-570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FACTORS WHICH THE PUBLIC SERVICE COMMISSION MUST CONSIDER IN DETERMINING
The Committee on Judiciary proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10886JM.94), which was adopted.
Amend by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 58-9-575.(A)Notwithstanding any other provision of this chapter, in fixing rates and charges for a local exchange telephone utility, the commission may, upon the request of a telephone utility or upon the commission's own motion, consider, in lieu of the procedures provided in this chapter, alternative means of regulating that telephone utility. If the commission determines that a telephone utility is subject to competition with respect to its services, the commission may implement regulatory alternatives, including, but not limited to, equitable sharing of earnings between a telephone utility and its customers, consistent with the provisions of this chapter.
(B) The commission shall review and may authorize implementation of an alternative regulatory plan if it finds, after notice and hearing, that the substantial evidence of record shows that the plan:
(1) is consistent with the public interest;
(2) does not jeopardize the availability of reasonably affordable and reliable telecommunications services;
(3) provides clearly identifiable benefits to consumers that are not otherwise available under existing regulatory procedures;
(4) will reduce regulatory delay and costs;
(5) provides adequate safeguards to consumers of telecommunications services, including other telecommunications companies, when such services are not readily available from alternative suppliers in the relevant geographic market;
(6) includes safeguards that guarantee that rates for noncompetitive services do not subsidize the prices charged for competitive services. In determining whether a service is competitive, the commission shall consider, at a minimum, the availability, market share, and price of comparable service alternatives;
(8) does not jeopardize the ability of the telephone utility to provide quality, affordable telecommunications service.
(C) The commission may, at any time, on its own motion, on the motion of any interested party, or on the motion of the telephone utility, review any decision adopting an alternative method of regulation and, after notice and opportunity to be heard, impose any additional regulatory safeguards, including full rate-base regulation consistent with the provisions of this chapter."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. HODGES moved to adjourn debate upon the following Bill until Thursday, February 17, which was adopted.
S. 487 -- Senator Rose: A BILL TO AMEND ARTICLE 3, CHAPTER 5, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORONERS, BY ADDING SECTION 17-5-130, SO AS TO PROVIDE FOR THE QUALIFICATIONS AND AGE REQUIREMENTS TO HOLD THE OFFICE OF CORONER.
Rep. GOVAN moved to adjourn debate upon the following Bill until Wednesday, February 23, which was adopted.
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.
The following Bill was taken up.
H. 4691 -- Ways and Means Committee: A BILL MAKING APPROPRIATIONS FROM FISCAL YEAR 1992-93 SURPLUS GENERAL FUND REVENUES AND TO REPEAL SECTION 12-47-447, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF TAX REFUNDS.
Rep. HUTSON proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20333SD.94), which was ruled out of order.
Amend the bill, as and if amended, by adding the following new section to be appropriately numbered which shall read:
/SECTION (A)Beginning with the effective date of this act and continuing until July 1, 1994, the Department of Revenue and Taxation as a result of the settlement of Bass vs. The State of South Carolina and Perri vs. The State of South Carolina shall attempt to notify each taxpayer who reported military, civil service, or other type of retirement income from the federal government on a State of South Carolina income tax return for the years 1985 through 1988 of the fact that they may be entitled to a refund of a portion of such taxes paid plus interest. No such notice is required to be given to any taxpayer who the department knows is a class action plaintiff in the above-referenced lawsuits or who previously has filed a claim for refund based on the Davis vs. Michigan decision. Before July 1, 1994, the department also shall cause publication of a notice in newspapers of general circulation in each county of the State which shall provide similar information to federal retirees or their heirs or surviving spouses.
(B) The notices required by subsection (A) must inform taxpayers or their heirs or surviving spouses that to qualify for a refund each affected taxpayer must contact the department by December 31, 1994, and to file a claim for refund with the department for these taxes paid. If the taxpayer has previously perfected an appeal or filed a request seeking a refund which was accepted by the department, the taxpayer is not required to make a new filing. Failure by the department to notify any taxpayer is not grounds to excuse or mitigate the taxpayer's failure to file a claim for refund with the department by December 31, 1994, under the provisions of this act.
(C) A taxpayer who is not part of the above-referenced class or who has not previously filed a claim for refund with the department and who files a valid claim for refund with the department by December 31, 1994,
Renumber sections to conform.
Amend title to conform.
Rep. HUTSON explained the amendment.
Rep. CARNELL raised the Point of Order that Amendment No. 1 was out of order as it was not germane.
Rep. HUTSON argued contra the Point in stating that it was germane in that it involved the settlement of the federal retirees and the Bill provided for the first partial payment of that total settlement. He further stated that the amendment required the Tax Commission to notify all of the people that are not covered by the two lawsuits.
The SPEAKER stated that the Bill appropriated 30 million dollars for the payment of refunds due pursuant to the agreement settling of Bass vs. the State of South Carolina and Perri vs. the State of South Carolina. He further stated that the second section appropriated money to the Division of General Services for the State House renovations. He further stated that although the amendment referred to the Bass and Perri lawsuits, it did not deal with the people who are entitled to refunds under that settlement agreement but that it dealt with people who are not entitled to refunds under the settlement agreement.
Rep. HUTSON stated that the intent was to cover the people who are not covered by the settlement but there are people who are covered under the settlement for some years but not for others and the amendment was germane for people covered under the settlement as well as others.
The SPEAKER stated that you are covered under the settlement if you file a claim for a refund. He further stated that Sections A and B of the amendment extended the period of time for filing a refund for the years covered under 1985, 1986, 1987 and 1988 and extend the time for filing the refund by opening up a window for the statute of limitations. He further stated that this would extend a benefit for people who are not covered by the settlement agreement in the two lawsuits.
The SPEAKER stated that you cannot expand the class by statute and the only way to expand it was by the Court. He further stated that under Rule 5.3, you cannot have any part of a permanent provision in an Appropriations Bill which does not relate to the money directly appropriated in Part I of an Appropriations Bill.
Rep HUTSON stated that the amendment provided for payment of the people who were not currently covered to be paid on or before July 1, 1995.
The SPEAKER stated that the amendment did not affect the people who were already getting paid under the lawsuit but that it let an additional group of people get paid.
Rep. HUTSON stated that it would affect some people who are included.
The SPEAKER stated that the amendment was not germane and he sustained the Point of Order and ruled the amendment out of order.
Rep. J. BAILEY moved that the House do now adjourn, which was adopted.
Further proceedings were interrupted by adjournment, the pending question being consideration of amendments.
The Senate returned to the House with concurrence the following:
H. 4729 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO COMMEND MR. CECIL WILLIAMS, INTERNATIONALLY KNOWN PHOTOGRAPHER FOR HIS PHOTO DOCUMENTARY WORK ON THE CIVIL RIGHTS ERA "FOR FREEDOM AND JUSTICE" AND THE SHOWING OF HIS WORKS IN THE SOUTH CAROLINA STATE UNIVERSITY EXHIBIT, "QUIET HEROES: A DOCUMENTATION OF THE CIVIL RIGHTS ERA FROM 1949 THROUGH THE PRESENT."
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