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Printed Page 3550, Mar. 16
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| Amend title to conform.
Rep. LANFORD explained the amendment.
Rep. McLEOD moved to table the amendment.
Rep. LANFORD demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, J. Baker Barber Baxley Boan Brown, H. Byrd Carnell Cato Chamblee Cooper Corning Cromer Davenport Delleney Elliott Fair Farr Felder Fulmer Gamble Gonzales Hallman Harrell Harris, J. Harris, P. Harwell Hodges Holt Houck Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Law Martin Mattos McAbee McCraw McKay McLeod McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Rhoad Richardson Riser Rogers Rudnick Sheheen Simrill Smith, R. Snow Stoddard Stone Sturkie Tucker Vaughn Waites Waldrop Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Young, A. Young, R.
Allison Beatty Brown, J. Govan Keyserling Koon Lanford Littlejohn Marchbanks McElveen Robinson Scott Stille Thomas Townsend Trotter Walker
So, the amendment was tabled.
Rep. D. WILDER moved to reconsider the vote whereby Amendment No. 69 was rejected.
Rep. SIMRILL moved to table the motion to reconsider.
Rep. MEACHAM demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Baker Brown, H. Cato Chamblee Clyborne Cooper Corning Fair Fulmer Gamble Gonzales Graham Hallman Harrell Harrison Holt Huff Hutson Jaskwhich Keegan Kelley Kirsh Klauber Lanford Law Littlejohn Marchbanks Mattos Meacham Quinn Riser Robinson Shissias Simrill Smith, D. Smith, R. Stille Stone Townsend Trotter Vaughn Walker Wilkins Witherspoon Wofford Young, A.
Barber Baxley Beatty Boan Breeland Brown, J. Byrd Carnell Cobb-Hunter Davenport Delleney Elliott Farr Felder Govan Harrelson Harris, J. Harris, P. Harwell Hines Hodges Houck Inabinett Jennings Kennedy Keyserling Kinon Martin McAbee McCraw McElveen McKay McLeod McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Rudnick Scott Sheheen Snow Spearman Thomas Tucker Waites Waldrop Whipper White Wilder, D. Wilder, J. Wilkes
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider, which was agreed to.
Rep. CLYBORNE 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:
Baker Beatty Cato Chamblee Clyborne Cooper Fair Haskins Hutson Jaskwhich Keegan Kelley Koon Law Marchbanks Riser Robinson Spearman
Stille Stoddard Townsend Trotter Witherspoon Wofford
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, J. Barber Baxley Boan Breeland Brown, H. Brown, J. Byrd Carnell Cobb-Hunter Corning Cromer Davenport Delleney Elliott Farr Felder Fulmer Gamble Gonzales Govan Graham Harrell Harrelson Harris, J. Harris, P. Harrison Harwell Hines Hodges Holt Houck Huff Inabinett Jennings Kennedy Keyserling Kinon Kirsh Klauber Littlejohn Martin McAbee McCraw McElveen McKay McLeod McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Rogers Rudnick Scott Sheheen Shissias Simrill Smith, R. Snow Stone Stuart Thomas Tucker Vaughn Waldrop Walker Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Wright
So, the House refused to adjourn.
Rep. HASKINS moved to table the amendment.
Those who voted in the affirmative are:
Alexander, M.O. Allison Baker Brown, H. Cato Chamblee Clyborne Cooper Corning Davenport Fair Fulmer Gamble Gonzales Graham Hallman Harrell Harrison Haskins Holt Houck Huff Hutson Jaskwhich Keegan Kelley Kirsh Klauber Lanford Law Littlejohn Marchbanks Mattos Meacham Phillips Quinn Riser Robinson Shissias Simrill Smith, D. Smith, R. Stone Sturkie Townsend Trotter Vaughn Walker Wilkins Witherspoon Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, T.C. Bailey, J. Barber Baxley Beatty Boan Breeland Brown, J. Byrd Carnell Cobb-Hunter Cromer Delleney Elliott Farr Felder Govan Harrelson Harris, J. Harris, P. Harwell Hines Hodges Inabinett Jennings Kennedy Keyserling Kinon Koon Martin McAbee McCraw McElveen McKay McLeod McTeer Moody-Lawrence Neal Neilson Rhoad Richardson Rudnick
Scott Sheheen Snow Spearman Stille Stoddard Thomas Tucker Waites Waldrop Whipper White Wilder, D. Wilder, J. Wilkes
So, the House refused to table the amendment.
Rep. QUINN moved that the House recede for 10 minutes.
Rep. CLYBORNE raised the Point of Order that Amendment No. 69 was out of order as it was not the same amendment that had been previously placed on the desk when cloture was ordered and that it appeared that it had been altered or changed.
The SPEAKER stated that it was the amendment placed on the desk and that another amendment had been used as a vehicle and it was handwritten on there and he overruled the Point of Order.
The question then recurred to the adoption of the amendment.
Rep. CATO demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Askins Bailey, J. Baxley Beatty Boan Breeland Brown, G. Brown, J. Byrd Carnell Cobb-Hunter Delleney Elliott Farr Felder Govan Harrelson Harris, J. Harris, P. Harwell Hines Hodges Inabinett Jennings Kennedy Keyserling Kinon Koon Martin McAbee McCraw McElveen McLeod McTeer Moody-Lawrence Neal Neilson Rhoad
Richardson Rudnick Scott Sheheen Snow Spearman Stille Stoddard Sturkie Thomas Tucker Waites Whipper White Wilder, D. Wilder, J. Wilkes Worley
Those who voted in the negative are:
Alexander, M.O. Allison Baker Barber Brown, H. Cato Chamblee Clyborne Cooper Corning Cromer Davenport Fair Fulmer Gamble Gonzales Graham Hallman Harrell Harrison Haskins Holt Huff Hutson Jaskwhich Keegan Kelley Kirsh Klauber Lanford Law Littlejohn Marchbanks McKay Meacham Phillips Quinn Riser Robinson Shissias Simrill Smith, D. Smith, R. Stone Townsend Trotter Vaughn Waldrop Walker Wilkins Witherspoon Wofford Wright Young, A. Young, R.
So, the amendment was adopted.
The SPEAKER granted Rep. BYRD a leave of absence.
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 three and one-half 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;
(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.
(F) Any funds remaining in the Property Tax Relief Fund in any year after the required distributions to counties and municipalities as provided herein and after any other required distributions shall be deposited to the credit of the Education Improvement Act of 1984 Fund.
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:
(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) (2) 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)(3) feed used for the production and maintenance of poultry and livestock;
(6)(4) 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)(5) 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
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