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 3590, Mar. 16 | Printed Page 3610, Mar. 17 |

Printed Page 3600 . . . . . Thursday, March 17, 1994

H. 4942 -- Rep. D. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-377 SO AS TO PROVIDE FOR THE OFFENSE OF ATTEMPTING TO POSSESS OR PURCHASE A CONTROLLED OR IMITATION CONTROLLED SUBSTANCE AND FOR PENALTIES; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO THE DEFINITION OF VIOLENT CRIME, SO AS TO INCLUDE AN ADDITIONAL SECTION PERTAINING TO DRUG TRAFFICKING; TO AMEND SECTION 16-19-130, RELATING TO THE CRIMES OF BETTING, POOL SELLING, AND BOOKMAKING, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 16-19-160, RELATING TO PUNCHBOARDS FOR GAMING, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 44-53-370, AS AMENDED, RELATING TO THE OFFENSES FOR TRAFFICKING IN CONTROLLED SUBSTANCES, SO AS TO PROVIDE ADDITIONAL PENALTIES FOR TRAFFICKING IN MARIJUANA; TO AMEND SECTION 44-53-375, AS AMENDED, RELATING TO THE OFFENSES PERTAINING TO ICE, CRANK, AND CRACK COCAINE, SO AS TO DELETE THE OFFENSE FOR "ATTEMPTING TO POSSESS" THE DRUG AND REVISE THE PENALTIES; TO AMEND SECTION 44-53-391, RELATING TO DRUG PARAPHERNALIA, SO AS TO REVISE RELATED OFFENSES AND PENALTIES; AND TO AMEND SECTION 44-53-450, RELATING TO CONDITIONAL DISCHARGES FOR THE FIRST OFFENSE PERTAINING TO ILLEGAL DRUGS, SO AS TO INCLUDE AN ADDITIONAL OFFENSE
Printed Page 3601 . . . . . Thursday, March 17, 1994

TO WHICH THE DISCHARGE APPLIES AND CORRECT AN OBSOLETE REFERENCE.

Referred to Committee on Judiciary.

H. 4943 -- Reps. Cromer, Wells, Hutson, Clyborne, Wofford, A. Young, Hallman, Stone, Fulmer, Meacham, Allison, Simrill, Trotter, Witherspoon, Stuart, R. Smith, Marchbanks, Littlejohn, Walker, Robinson, Riser, Fair, H. Brown, Klauber and Keegan: A JOINT RESOLUTION TO LIMIT TO THIRTY-SIX MONTHS THE LENGTH OF TIME A FAMILY MAY RECEIVE AID TO FAMILIES WITH DEPENDENT CHILDREN BENEFITS AND TO PROVIDE AN EXCEPTION; TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO APPLY FOR A WAIVER TO IMPLEMENT THIS TIME LIMIT; TO DIRECT THE DEPARTMENT TO CONTRACT FOR A STUDY TO DETERMINE THE SAVINGS IN FUNDS DUE TO THIS LIMITATION AND TO DIRECT THAT SAVINGS REALIZED BY THIS LIMITATION MUST BE APPROPRIATED TO THE DEPARTMENT FOR ITS JOBS PROGRAM AS PROVIDED FOR IN THE GENERAL APPROPRIATIONS ACT.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 4944 -- Reps. McLeod, Inabinett, Stuart, Stoddard, Govan, Simrill, Shissias, Littlejohn, Allison, H. Brown, Sharpe, D. Wilder, G. Brown, McKay, Harwell, Hutson, Moody-Lawrence, Kelley, Rhoad, Stone, G. Bailey, Clyborne, Jaskwhich, Neilson, Davenport, Law, M.O. Alexander, Vaughn, Robinson, Whipper, Fulmer, Neal, Houck, Stille, Harrell, Richardson, Hallman, Waites, Keegan, Harvin, Breeland, Fair, Spearman and D. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1085 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO USE, SOLICIT, INDUCE, COERCE, OR EMPLOY A PERSON UNDER SEVENTEEN YEARS OF AGE TO COMMIT A FELONY, TO ALSO MAKE IT UNLAWFUL TO CONSPIRE TO DO THE ABOVE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Judiciary.

H. 4937--ORDERED TO BE READ SECOND TIME TOMORROW

On motion of Rep. FAIR, with unanimous consent, it was ordered that H. 4937 be read the second time tomorrow.


Printed Page 3602 . . . . . Thursday, March 17, 1994

ROLL CALL

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            Barber
Baxley           Beatty           Boan
Breeland         Brown, G.        Brown, H.
Brown, J.        Byrd             Carnell
Cato             Chamblee         Clyborne
Cobb-Hunter      Cooper           Corning
Cromer           Davenport        Delleney
Elliott          Fair             Farr
Felder           Fulmer           Gamble
Gonzales         Govan            Graham
Hallman          Harrell          Harris, J.
Harris, P.       Harrison         Harwell
Haskins          Hines            Hodges
Holt             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          Moody-Lawrence   Neal
Neilson          Phillips         Richardson
Riser            Robinson         Rogers
Rudnick          Scott            Sharpe
Sheheen          Shissias         Simrill
Smith, D.        Smith, R.        Snow
Spearman         Stille           Stoddard
Stone            Stuart           Thomas
Townsend         Trotter          Tucker
Vaughn           Waites           Waldrop
Walker           Whipper          White
Wilder, D.       Wilder, J.       Wilkes
Wilkins          Williams         Witherspoon

Printed Page 3603 . . . . . Thursday, March 17, 1994

Wofford          Worley           Wright
Young, A.        Young, R.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Thursday, March 17. Thomas N. Rhoad William S. Houck, Jr. C. Lenoir Sturkie C. Alex Harvin, III Ralph W. Canty

Total Present--121

LEAVE OF ABSENCE

The SPEAKER granted Rep. RHOAD a leave of absence.

STATEMENT OF ATTENDANCE

Rep. KOON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, March 16.

DOCTOR OF THE DAY

Announcement was made that Dr. Gerald Wilson of Columbia, is the Doctor of the Day for the General Assembly.

H. 4633--RECOMMITTED TO THE
WAYS AND MEANS COMMITTEE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 70, immediate cloture having been ordered.

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


Printed Page 3604 . . . . . Thursday, March 17, 1994

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.
Printed Page 3605 . . . . . Thursday, March 17, 1994

AMENDMENT NO. 70--TABLED

Debate was resumed on Amendment No. 70, which was proposed on Wednesday, March 16, by Rep. BOAN.

MOTION NOTED

Rep. GONZALES moved to reconsider the vote whereby Amendment No. 27 was tabled and the motion was noted.

MOTION NOTED

Rep. RICHARDSON moved to reconsider the vote whereby Amendment No. 69 was adopted and the motion was noted.

Rep. BOAN moved to table the amendment, which was agreed to.

AMENDMENT NO. 27--RECONSIDERED AND ADOPTED

The motion of Rep. GONZALES to reconsider the vote whereby Amendment No. 27 was tabled was taken up and agreed to.

Rep. GONZALES explained the amendment.

The amendment was then adopted.

AMENDMENT NO. 69--MOTION TO RECONSIDER TABLED

The motion of Rep. RICHARDSON to reconsider the vote whereby Amendment No. 69 was adopted was taken up.

Rep. FELDER moved to table the motion to reconsider.

Rep. MEACHAM demanded the yeas and nays, which were taken resulting as follows:

Yeas 61; Nays 53

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Anderson
Bailey, G.       Barber           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           Houck            Inabinett
Jennings         Kennedy          Keyserling
Kinon            Koon             Martin

Printed Page 3606 . . . . . Thursday, March 17, 1994

Mattos           McAbee           McCraw
McElveen         McLeod           McMahand
McTeer           Moody-Lawrence   Neal
Neilson          Phillips         Rogers
Rudnick          Scott            Sheheen
Snow             Spearman         Stoddard
Thomas           Tucker           Waites
Waldrop          Whipper          White
Wilder, D.       Wilder, J.       Williams
Worley

Total--61

Those who voted in the negative are:

Allison          Bailey, J.       Baker
Brown, H.        Cato             Chamblee
Clyborne         Cooper           Corning
Cromer           Davenport        Fair
Fulmer           Gamble           Gonzales
Graham           Hallman          Harrell
Harrison         Haskins          Holt
Huff             Hutson           Keegan
Kelley           Kirsh            Klauber
Lanford          Law              Littlejohn
Marchbanks       McKay            Meacham
Richardson       Riser            Robinson
Sharpe           Shissias         Simrill
Smith, D.        Smith, R.        Stille
Stone            Townsend         Trotter
Vaughn           Walker           Wilkins
Witherspoon      Wofford          Wright
Young, A.        Young, R.

Total--53

So, the motion to reconsider was tabled.

AMENDMENT NO. 13--ADOPTED

Debate was resumed on Amendment No. 13, which was proposed on Wednesday, March 2, by Rep. McABEE.

The amendment was then adopted.


Printed Page 3607 . . . . . Thursday, March 17, 1994

Rep. CLYBORNE proposed the following Amendment No. 56 (Doc Name L:\council\legis\amend\GJK\20569SD.94), which was tabled.

Amend the bill, as and if amended, by adding SECTION 6 to read:

/SECTION 6. The last paragraph of Section 12-4-540(A) of the 1976 Code, as added by Act 50 of 1991, is amended to read:

"In addition, the commission department has the sole responsibility for the appraisal, assessment, and equalization of the taxable values of all other the personal property of merchants."/

Amend the bill further, as and if amended, by adding SECTION 6A to read:

/SECTION 6A. 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 and one-half 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 totals and title to conform.

Rep. CLYBORNE moved to table the amendment, which was agreed to.

Rep. FELDER moved to recommit the Bill to the Ways and Means Committee.


Printed Page 3608 . . . . . Thursday, March 17, 1994

Rep. CLYBORNE moved to table the motion and demanded the yeas and nays, which were taken resulting as follows:
Yeas 44; Nays 68

Those who voted in the affirmative are:

Allison          Bailey, G.       Baker
Beatty           Brown, H.        Cato
Chamblee         Clyborne         Corning
Davenport        Fair             Fulmer
Gamble           Gonzales         Hallman
Harrell          Harrison         Haskins
Huff             Hutson           Jaskwhich
Keegan           Kelley           Kirsh
Klauber          Law              Littlejohn
Meacham          Moody-Lawrence   Riser
Rogers           Sharpe           Shissias
Simrill          Smith, R.        Stoddard
Stone            Stuart           Vaughn
Walker           Witherspoon      Wofford
Wright           Young, A.

Total--44

Those who voted in the negative are:

Alexander, M.O.  Alexander, T.C.  Anderson
Askins           Bailey, J.       Barber
Baxley           Boan             Brown, G.
Byrd             Carnell          Cobb-Hunter
Cromer           Delleney         Elliott
Farr             Felder           Govan
Graham           Harrelson        Harris, J.
Harris, P.       Harwell          Hines
Hodges           Holt             Houck
Inabinett        Jennings         Kennedy
Keyserling       Kinon            Koon
Lanford          Marchbanks       Martin
Mattos           McAbee           McCraw
McElveen         McKay            McLeod
McMahand         McTeer           Neal
Neilson          Phillips         Richardson
Robinson         Rudnick          Scott

Printed Page 3609 . . . . . Thursday, March 17, 1994

Sheheen          Snow             Spearman
Stille           Sturkie          Thomas
Townsend         Trotter          Tucker
Waites           Waldrop          White
Wilder, D.       Wilder, J.       Wilkins
Williams         Worley

Total--68

So, the House refused to table the motion to recommit.

The question then recurred to the motion to recommit the Bill.

Rep. MEACHAM demanded the yeas and nays, which were taken resulting as follows:

Yeas 69; Nays 49

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, J.      Byrd
Carnell          Cobb-Hunter    Cromer
Delleney         Elliott        Farr
Felder           Govan          Graham
Harrelson        Harris, J.     Harris, P.
Harvin           Harwell        Hines
Hodges           Holt           Houck
Inabinett        Jennings       Kennedy
Keyserling       Kinon          Marchbanks
Mattos           McAbee         McCraw
McElveen         McKay          McLeod
McMahand         McTeer         Moody-Lawrence
Neal             Neilson        Phillips
Richardson       Robinson       Rudnick
Scott            Sheheen        Snow
Spearman         Stille         Thomas
Townsend         Trotter        Tucker
Waites           Waldrop        Whipper

Printed Page 3610 . . . . . Thursday, March 17, 1994

White            Wilder, D.     Wilder, J.
Wilkins          Williams       Young, R.

Total--69


| Printed Page 3590, Mar. 16 | Printed Page 3610, Mar. 17 |

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