Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

| Printed Page 2910, Mar. 2 | Printed Page 2930, Mar. 2 |

Printed Page 2920 . . . . . Wednesday, March 2, 1994

Rep. FAIR objected to the Bill.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3239SD.94), which was adopted.

Amend the bill, as and if amended, SECTION 7(A), page 6, by adding after /Commerce,/ on line 11 /the State Board for Technical and Comprehensive Education,/.

When amended subsection (A) reads:

/(A) By July 1, 1994, the Director of the Department of Commerce, with the State Superintendent of Education, shall convene a School-To-Work Task Force representing a broad-based coalition of business and industry leaders, and with representatives from the Department of Commerce, the State Board for Technical and Comprehensive Education, the Department of Labor, the Employment Security Commission, the State Chamber of Commerce, the State Department of Education, the Commission on Higher Education, Job Training Partnership Act (JTPA), school districts, and post-secondary institutions. This task force shall guide, encourage, and facilitate actions which enable the school-to-work system to be implemented. The role of the task force is to work with the State Board of Education to:

(1) provide input to shape the development and scope of a statewide initiative;

(2) help promote the school-to-work system to key employers and education leaders across the State and encourage active participation of employers across the State; and

(3) identify and recognize exemplary programs and practices and help disseminate general information to interested parties across the State.


Printed Page 2921 . . . . . Wednesday, March 2, 1994

The School-To-Work Task Force shall report to the House Education and Public Works and the Senate Education Committees by January 1, 1996 as to the progress made in establishing the school-to-work system, difficulties encountered and any actions required by the General Assembly to ensure success of the system./

Amend title to conform.

Rep. McELVEEN explained the amendment.

The amendment was then adopted.

Reps. J. WILDER, BAXLEY and WALKER proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\CYY\15745AC.94), which was adopted.

Amend the bill, as and if amended, Section 7(A), page 6, by inserting after /(JTPA),/ on line 14 /the State Transition Coordinator for People with Disabilities,/.

Amend title to conform.

Rep. FAIR proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\GJK\20381SD.94), which was adopted.

Amend the bill, as and if amended, by striking /the kindergarten/ in SECTION 4(C)(1)(a) as contained on page 5, line 2 and inserting /grade six/.

Amend title to conform.

Rep. FAIR explained the amendment.

The amendment was then adopted.

Rep. FAIR proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\GJK\20382SD.94), which was adopted.

Amend the bill, as and if amended, by striking /grade six/ in SECTION 4(C)(1)(b) as contained on page 5, line 5 and inserting /grade eight/.

Amend title to conform.

Rep. FAIR explained the amendment.

The amendment was then adopted.


Printed Page 2922 . . . . . Wednesday, March 2, 1994

Rep. FAIR proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\GJK\20391SD.94), which was adopted.

Amend the bill, as and if amended, by adding a new section to be appropriately number which shall read:

/SECTION .The provisions of this act apply to all schools of this State including those schools which have been deregulated as provided by law./

Renumber sections to conform.

Amend title to conform.

Rep. FAIR explained the amendment.

The amendment was then adopted.

Rep. FAIR proposed the following Amendment No. 14 (Doc Name L:\council\legis\amend\GJK\20423SD.94), which was adopted.

Amend the bill, as and if amended, in SECTION 4.(A), page 4, line 11, by inserting after /appropriate./ the following: /Students may transfer between Tech Prep and College Prep tracks within guidelines established by the State Board of Education to allow for transfer up to the senior year in high school./

Amend title to conform.

Rep. FAIR explained the amendment.

The amendment was then adopted.

Rep. FAIR proposed the following Amendment No. 15 (Doc Name L:\council\legis\amend\GJK\20424SD.94).

Amend the bill, as and if amended, by striking SECTION 4.(B)(1)(c) which begins on line 25, page 4, and inserting:

/(c) incorporate into the curriculum the skills and knowledge suggested in the South Carolina Chamber of Commerce's Education Study, "What Work Requires of Schools", and place an emphasis on the importance of individual achievement as a cornerstone upon which self-respect, academic, and personal success are founded./

Amend title to conform.

Rep. FAIR explained the amendment.

RECURRENCE TO THE MORNING HOUR

Rep. TOWNSEND moved that the House recur to the morning hour, which was agreed to.


Printed Page 2923 . . . . . Wednesday, March 2, 1994

Further proceedings were interrupted by recurrence to the morning hour, the pending question being consideration of Amendment No. 15.

CONCURRENT RESOLUTION

The following was introduced:

H. 4863 -- Reps. Breeland, Whipper, Inabinett, Hallman, Harrell, Holt, Fulmer, Hutson, Barber, J. Bailey, Gonzales and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. ZOLA DAVIS OF CHARLESTON IN CHARLESTON COUNTY UPON HIS EXTRAORDINARY RECORD AS A MEMBER OF THE BURKE HIGH SCHOOL FOOTBALL TEAM.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 4864 -- Rep. Richardson: A BILL TO AMEND SECTION 59-17-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERATION OR DIVISION OF SCHOOL DISTRICTS, SO AS TO PROVIDE THAT IF CERTAIN PETITION REQUIREMENTS ARE SATISFIED, THE COUNTY BOARD OF EDUCATION IS REQUIRED TO ALTER OR DIVIDE THE SCHOOL DISTRICTS CONCERNED IN THE MANNER STIPULATED IN THE PETITION, AND TO PROVIDE THAT IF CERTAIN OTHER PETITION REQUIREMENTS ARE SATISFIED, THE COUNTY BOARD OF EDUCATION IS REQUIRED TO CALL THE REFERENDUMS CONCERNING THE ALTERATION OR DIVISION OF THE AFFECTED SCHOOL DISTRICTS, AND IF THE RESULTS OF THE REFERENDUMS ARE FAVORABLE IN EACH OF THE SCHOOL DISTRICTS, THE COUNTY BOARD OF EDUCATION IS REQUIRED TO ALTER OR DIVIDE THE SCHOOL DISTRICTS IN THE MANNER STIPULATED.

Referred to Committee on Education and Public Works.

H. 4865 -- Reps. Keyserling, White, Richardson and Harrelson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 TO TITLE 59 SO AS TO CREATE


Printed Page 2924 . . . . . Wednesday, March 2, 1994

THE BEAUFORT-JASPER HIGHER EDUCATION COMMISSION AND PROVIDE FOR ITS MEMBERSHIP, MEETINGS, AUTHORITY, AND DUTIES; TO REPEAL ACT 90 OF 1959 RELATING TO THE BEAUFORT COUNTY HIGHER EDUCATION COMMISSION; AND TO PROVIDE FOR FINAL AND INITIAL TERMS.

Referred to Committee on Education and Public Works.

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.

Referred to Saluda Delegation.

H. 4681--POINT OF ORDER

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 15.

H. 4681 -- Reps. McElveen, Sheheen, Wilkins, Phillips, McTeer, Rogers, Farr, McCraw, Shissias, J. Bailey, Meacham, G. Brown, Waites, Cobb-Hunter, Barber, Tucker, Houck, Martin, Kirsh, Wright, Moody-Lawrence, Chamblee, Stille, McLeod, Stoddard, Simrill, Sturkie, D. Wilder, Cooper, Townsend, Hodges, Stuart, Allison, Walker, Snow, Boan, Gamble, Vaughn, Jaskwhich, Delleney, Wells, Neilson, Haskins, Davenport, Hines, Littlejohn, Cato, Beatty, Robinson, Lanford and Jennings: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994" SO AS TO ESTABLISH A SCHOOL-TO-WORK SYSTEM TO EQUIP ALL STUDENTS WITH RELEVANT ACADEMIC SKILLS, MARKETABLE OCCUPATIONAL SKILLS, AND APPROPRIATE WORK-PLACE BEHAVIORS, TO ACCOMPLISH THE ABOVE THROUGH REVISIONS IN ACADEMIC AND VOCATIONAL CURRICULUM, ESTABLISHMENT OF CAREER EXPLORATION AND COUNSELING INITIATIVES, AND A PROGRAM OF APPRENTICESHIPS, MENTORSHIPS, AND WORK-PLACE EXPERIENCES, TO PROVIDE


Printed Page 2925 . . . . . Wednesday, March 2, 1994

THAT BEGINNING WITH THE 1995-96 SCHOOL YEAR AND UNDER CERTAIN CONDITIONS, COMPLETION OF APPLIED ACADEMIC COURSES IN MATHEMATICS, SCIENCE, AND COMMUNICATIONS SKILLS SHALL FULFILL HIGH SCHOOL COURSE PREREQUISITE REQUIREMENTS AS EQUIVALENT TO PRECOLLEGE CURRICULUM REQUIREMENTS FOR APPLICANTS TO FOUR-YEAR POST-SECONDARY INSTITUTIONS, TO ESTABLISH A COMMITTEE TO STUDY AND MAKE RECOMMENDATIONS CONCERNING STATE TAX CREDITS FOR WORK-BASED PROGRAMS, HOW TO MAXIMIZE GOVERNMENT AND PRIVATE FUNDING FOR EDUCATION, AND WORKERS' COMPENSATION, INSURANCE AND LIABILITY ISSUES RELATING TO THE SCHOOL-TO-WORK SYSTEM; AND TO AMEND SECTION 41-13-20, RELATING TO CHILD LABOR, SO AS TO PROVIDE THAT NO CHILD UNDER THE AGE OF EIGHTEEN DURING THE REGULAR SCHOOL YEAR MAY WORK MORE THAN TWENTY HOURS A WEEK AND TO PROVIDE EXCEPTIONS.

AMENDMENT NO. 15--TABLED

Debate was resumed on Amendment No. 15 by Rep. FAIR.

Rep. TOWNSEND moved to table the amendment.

Rep. FAIR demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 50 to 34.

Rep. FAIR proposed the following Amendment No. 16 (Doc Name L:\council\legis\amend\GJK\20425SD.94).

Amend the bill, as and if amended, in SECTION 4.(B)(1)(d) by inserting after /year/ on page 4, line 29 /. If this change will cause a hardship, schools may be granted a waiver from eliminating the general track in the manner established by the State Board of Education;/

Amend title to conform.

Rep. FAIR explained the amendment.

Rep. TOWNSEND moved to table the amendment.

POINT OF ORDER

Rep. ROBINSON raised the Point of Order that the Bill was out of order as it did not have a fiscal impact statement attached.

The SPEAKER stated that it did not and he sustained the Point of Order.


Printed Page 2926 . . . . . Wednesday, March 2, 1994

H. 4633--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up.

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


Printed Page 2927 . . . . . Wednesday, March 2, 1994

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.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5498HC.94), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. (A) Article 3, Chapter 37, Title 12 of the 1976 Code is amended by adding:

"Section 12-37-257.(A)In addition to any other homestead exemption allowed by law, the amount of fair market value provided in subsection (B) of every homestead qualifying for the assessment ratio provided pursuant to Section 12-43-220(c) is exempt from all school taxes except school taxes levied for:

(1) debt service;

(2) payments for lease-purchases of school facilities; and

(3) additional school taxes for operating purposes levied for property tax years beginning after 1997.

(B) Amounts of fair market value exempt pursuant to subsection (A) are as follows:

Property Tax YearExempt Amount

1994 $ 5,400

1995 21,000

1996 54,000

After 1996one hundred

percent of fair

market value

(C) (1) The exemption allowed by this section is conditional on full funding of the Education Finance Act and on an appropriation by the General Assembly each year reimbursing school districts an amount equal to the Department of Revenue and Taxation's estimate of total school tax


Printed Page 2928 . . . . . Wednesday, March 2, 1994

revenue loss resulting from the exemption in the next fiscal year. If the appropriation for a year is less than the certified estimate, the department shall calculate a proportionate reduction in the exemption amount otherwise applicable sufficient to eliminate any loss of revenue to school districts. The department shall notify the appropriate county tax officials of the reduced exemption and the reduced exemption amount applies instead of the amount provided in Subsection (B) for the appropriate tax year.
(2) The Department of Revenue and Taxation shall provide to the General Assembly and the Governor annually before December fifteenth a certified estimate of the total amount necessary to reimburse school districts for tax revenue not collected because of the exemption allowed by this section in the next fiscal year.

(3) (a) From the general fund of the State, the Comptroller General annually shall pay to the county treasurer of each county for the account of each school district in the county a sum equal to the taxes not collected for the school district because of the exemption provided in this section. The county treasurer shall furnish the Comptroller General on or before April first following the tax year, or during an extension authorized by the Comptroller General not to exceed sixty days, an accounting or statement as prescribed by the Comptroller General that reflects the amount of school district taxes not collected because of the exemption. Funds paid by the Comptroller General as the result of an erroneous or improper application must be returned to the Comptroller General for deposit to the credit of the general fund of the State. The Comptroller General shall promulgate regulations as may be necessary to carry out the provisions of this section.

(b) If reimbursement funds appropriated at least equal the estimated amount and the appropriated amount is insufficient to offset the revenue loss, the Comptroller General, from the general fund of the State, shall reimburse school districts the total reimbursement required regardless of the amount appropriated.

(D) Notwithstanding any other provision of law, the fair market value of a homestead exempted from property taxation in the manner provided in this section is considered taxable property for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State and for purposes of computing the index of taxpaying ability pursuant to Section 59-20-20(3)."

(B) The provisions of Section 12-37-257(C)(1) and (2), as added by this act, first apply for property tax year 1995 and fiscal year 1995-96.


Printed Page 2929 . . . . . Wednesday, March 2, 1994

SECTION 2. Beginning with county government spending for fiscal year 1994-95 and ending with county government spending for fiscal years after 1997-98, total spending by a county government in a fiscal year may not exceed total county government spending in the prior fiscal year by more than the percentage increase in the consumer price index in the twelve months ending December 31 preceding the fiscal year as determined by the Bureau of Labor Statistics of the United States Department of Labor. Total spending by a county government for purposes of this limitation is the total of all county government spending in a fiscal year from all sources of funds and for all purposes, but total county government spending does not include:

(1) spending in an amount not exceeding the amount represented by applying the county's tax millage for the most recently completed property tax year to the assessed value of new construction and improvements to existing property not previously taxed;

(2) spending of fee revenues generated by income-producing services first extended to customers in the current fiscal year;

(3) spending of funds derived from state or federal sources and spending of local sales and use tax revenues distributed to the county pursuant to Chapter 10, Title 4 of the 1976 Code;

(4) a capital expenditure financed without borrowing using funds derived from any source other than county property taxes;

(5) spending for debt service and lease-purchase payments;

(6) spending to offset a prior year deficit; and

(7) spending approved by at least a two-thirds vote of the governing body of the county.

SECTION 3. Beginning with municipal government spending for fiscal year 1994-95 and ending with municipal government spending for fiscal years after 1997-98, total spending by a municipal government in a fiscal year may not exceed total municipal government spending in the prior fiscal year by more than the percentage increase in the consumer price index in the twelve months ending December 31 preceding the fiscal year as determined by the Bureau of Labor Statistics of the United States Department of Labor. Total spending by a municipal government for purposes of this limitation is the total of a municipal government spending in a fiscal year from all sources of funds and for all purposes, but total municipal government spending does not include:

(1) spending in an amount not exceeding the amount represented by applying the municipality's tax millage for the most recently completed property tax year to the assessed value of new construction and improvements to existing property not previously taxed;


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