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

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| Printed Page 2960, Mar. 3 | Printed Page 2980, Mar. 3 |

Printed Page 2970 . . . . . Thursday, March 3, 1994

STATEMENT OF ATTENDANCE

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.

Total Present--120

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.

DOCTOR OF THE DAY

Announcement was made that Dr. John P. Evans from Greenville is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

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.


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MOTION ADOPTED

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.

MOTION ADOPTED

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.

MOTION ADOPTED

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.

JOINT ASSEMBLY

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.

ADDRESS BY KIMBERLY AIKEN, MISS AMERICA
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.


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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


Printed Page 2973 . . . . . Thursday, March 3, 1994

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.


Printed Page 2974 . . . . . Thursday, March 3, 1994

JOINT ASSEMBLY RECEDES

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.

THE HOUSE RESUMES

At 11:00 A.M. the House resumed, the SPEAKER in the Chair.

LEAVE OF ABSENCE

The SPEAKER granted Rep. HARRELSON a leave of absence for the remainder of the day due to a medical appointment.

H. 4633--OBJECTION, AMENDED AND
INTERRUPTED DEBATE

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


Printed Page 2975 . . . . . Thursday, March 3, 1994

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.

AMENDMENT NO. 24--DEBATE ADJOURNED

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


Printed Page 2976 . . . . . Thursday, March 3, 1994

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.

POINT OF QUORUM

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:


Printed Page 2977 . . . . . Thursday, March 3, 1994

/ (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


Printed Page 2978 . . . . . Thursday, March 3, 1994

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


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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:


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