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 6440, May 16 | Printed Page 6460, May 16 |

Printed Page 6450 . . . . . Monday, May 16, 1994

(10) Taxpayers required to remit taxes under Article 13, Chapter 36 of Title 12 shall identify the county in which the tangible personal property purchased at retail is stored, used, or consumed in this State.

(11) Utilities are required to report sales in the county in which consumption of the tangible personal property occurs.

(12) A taxpayer subject to the tax imposed by Section 12-36-920, who owns or manages rental units in more than one county shall separately report in his sales tax return the total gross proceeds from business done in each county.

(13) The gross proceeds of sales of tangible personal property delivered after the imposition date of the tax levied under this section in a county, either under the terms of a construction contract executed before the imposition date, or a written bid submitted before the imposition date, culminating in a construction contract entered into before or after the imposition date, are exempt from the special local sales and use tax provided in this section if a verified copy of the contract is filed with the Department of Revenue and Taxation within six months after the imposition of the special local sales and use tax.

(14) Notwithstanding the imposition date of the special local sales and use tax authorized pursuant to this section, with respect to services that are regularly billed on a monthly basis, the special local sales and use tax is imposed beginning on the first day of the billing period beginning on or after the imposition date.

(15) The revenues of the tax collected in each county under this section must be remitted to the State Treasurer and credited to a fund separate and distinct from the general fund of the State. After deducting the amount of refunds made and costs to the Department of Revenue and Taxation of administering the tax, not to exceed one percent of the revenues, the State Treasurer shall distribute the revenues quarterly to the county in which the tax is imposed and these revenues must be used only for the purpose stated in the imposition ordinance. The State Treasurer may correct misallocation costs or refunds by adjusting subsequent distributions, but these adjustments must be made in the same fiscal year as the misallocation.

(16) The Department of Revenue and Taxation shall furnish data to the State Treasurer and to the counties receiving revenues for the purpose of calculating distributions and estimating revenues. The information which must be supplied to counties upon request includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information about a specific taxpayer is considered confidential and is


Printed Page 6451 . . . . . Monday, May 16, 1994

governed by the provisions of Section 12-54-240. A person violating this section is subject to the penalties provided in Section 12-54-240.

(17) The Department of Revenue and Taxation may promulgate regulations necessary to implement this section.

(B) (1) This subsection is intended to provide an additional and alternative method for the provision of and financing for highways, roads, streets, and bridges, either alone or jointly with the Department of Transportation to the end that these transportation facilities may be undertaken in such manner as may best be calculated to expedite relief of hazardous and congested traffic conditions on the highways in the State, including the authorization for turnpike projects undertaken by the Department of Transportation in Article 9 of Chapter 5 of Title 57.

(2) If the authority enters into a partnership with the Department of Transportation relating to such turnpike facilities, the authority may designate, establish, plan, improve, construct, maintain, operate, and regulate designated highways, roads, streets, and bridges as "turnpike facilities" as a part of the state highway system or any federal aid system whenever the authority determines the traffic conditions, present or future, justifies these facilities. Under such partnership arrangement, the authority may utilize funds available for the maintenance of the state highway system, for the maintenance of any turnpike facility financed pursuant to this chapter. If the authority determines it is feasible to make all or part of a construction project a turnpike facility, it may engage in the preliminary estimates and studies incident to the determination of the feasibility or practicability of constructing any toll road as it from time to time considers necessary and the cost of the preliminary estimates and studies may be paid from the general highway fund and must be reimbursed from funds provided under this chapter only if the studies and estimates lead to the construction of a toll road.

(3)) Under the partnership arrangement, the authority may acquire such lands and property, including rights of access as may be needed for turnpike facilities, by gift, devise, purchase, or condemnation by easement or in fee simple as authorized by law on or after the effective date of this chapter for acquiring property or property rights in connection with other state highways.

(4) In designating, establishing, planning, abandoning, improving, constructing, maintaining, and regulating turnpike facilities, the authority may exercise such authorizations as are granted generally to the Department of Transportation by the provisions of other statute law applicable to the state highway system, except as they may be inconsistent with the provisions included in this chapter.


Printed Page 6452 . . . . . Monday, May 16, 1994

(5) Whenever it becomes necessary that monies be raised for the transportation facilities described in this chapter, the authority may issue toll revenue bonds to provide all or a portion of the cost of these facilities after adopting its resolution setting forth the following:

(a) the toll facility proposed to be constructed;

(b) the amount required for feasibility studies, planning, design, right-of-way acquisition and construction of the toll facility;

(c) a tentative time schedule setting forth the period of time for which the toll shall be imposed;

(d) a debt service table showing the estimated annual principal and interest requirements for the proposed toll revenue bonds;

(e) any feasibility study obtained by the authority relating to the proposed toll facility;

(f) any covenants to be made in the bond resolution respecting competition between the proposed toll facility and possible future highways whose construction would have an adverse effect upon the toll revenues which would otherwise be derived by the proposed toll facility.

(6) In addition to the powers listed above, the authority may in connection with such toll facilities:

(a) fix and revise from time to time and charge and collect tolls for transit over each turnpike facility constructed by it;

(b) combine, for the purpose of financing the facilities any two or more turnpike facilities;

(c) control access to turnpike facilities;

(d) to the extent permitted by a bond resolution, expend turnpike facility revenues in advertising the facilities and services of the turnpike facility or facilities to the traveling public;

(e) receive and accept from any federal agency grants for or in the aid of the construction of any turnpike facility;

(f) do all acts and things necessary or convenient to carry out the powers expressly granted in this chapter;

(g) enter into contracts with the Department of Transportation for sharing the cost of building and the revenues derived from the facilities authorized herein and for the operation and maintenance of such facilities.

(C) It is intended that this chapter is an additional and alternative method of financing highway and bridge projects to those already provided under the provisions of the State Highway Bond Act (Section 57-11-210); the State Turnpike Bond Act (Section 57-5-1310 et seq.), the Revenue Bond Act for Utilities (Section 6-21-10 et seq.) and Section 4-9-30(5)."

Renumber sections to conform.

Amend totals and title to conform.


Printed Page 6453 . . . . . Monday, May 16, 1994

Rep. MARTIN explained the amendment.

POINT OF ORDER

Rep. McTEER raised the Point of Order that Amendment No. 5 was out of order as it was not germane.

Rep. MARTIN argued contra the Point.

The SPEAKER sustained the Point of Order and ruled the amendment out of order.

Rep. J. BAILEY moved to adjourn debate upon the Bill until Tuesday, May 17, which was adopted.

ORDERED TO THIRD READING

The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:

H. 5148 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM - WRITING TEST: MINIMUM STANDARDS OF STUDENT ACHIEVEMENT; SCORING CRITERIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1753, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5149 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, GRADES 9-12, PROVISIONS FOR GRANTING HIGH SCHOOL CREDIT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1754, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5150 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO OUTDOOR ADVERTISING AND THE HIGHWAY ADVERTISING CONTROL ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1764,


Printed Page 6454 . . . . . Monday, May 16, 1994

PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. PHILLIPS explained the Joint Resolution.

H. 5151 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO SPECIFIC INFORMATION SERVICE SIGNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1767, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4142 -- Reps. Quinn, Wright and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 25, TITLE 50, SO AS TO PROVIDE FOR RESTRICTIONS, NO WAKE ZONES, PENALTIES, AND FINE DISBURSEMENTS FOR WATERCRAFT ON LAKE MURRAY.

H. 5084 -- Reps. Wilkins and McTeer: A BILL TO AMEND SECTION 3-1-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGREEMENTS AND RELATIONS WITH THE UNITED STATES GOVERNMENT, JURISDICTION OVER LANDS ACQUIRED BY THE UNITED STATES, AND SERVICE OF PROCESS, SO AS TO PROVIDE FOR CONCURRENT JURISDICTION IN AND OVER LAND ACQUIRED BY THE UNITED STATES, AS AN ALTERNATIVE TO THE ALREADY-EXISTING EXCLUSIVE JURISDICTION.

Rep. WILKINS explained the Bill.

HOUSE TO MEET AT 11:00 A.M. TOMORROW

Rep. TUCKER moved that when the House adjourns, it adjourn to meet at 11:00 A.M. tomorrow, which was agreed to.

H. 3840--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3840 -- Reps. Kennedy, Jaskwhich and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-25 SO AS TO PROVIDE THAT A PERSON WHO WAS EMPLOYED AND CERTIFIED AS A TEACHER IN THE PUBLIC SCHOOLS OF THIS STATE AT THE TIME OF HIS


Printed Page 6455 . . . . . Monday, May 16, 1994

RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM MAY RETURN TO COVERED EMPLOYMENT UNDER CERTAIN CONDITIONS WHETHER OR NOT HIS TEACHING CERTIFICATE HAS BEEN RENEWED.

Rep. GAMBLE proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\20553SD.94), which was adopted.

Amend the Report of the Committee on Education and Public Works, as and if amended, by adding at the end of Section 59-25-25 of the 1976 Code the following paragraph:

/No district may employ a retired teacher under the provisions of this section unless it is unable to employ a certified teacher. Retired teachers employed under the provisions of this section are considered temporary employees to which the provisions of Chapter 26 of Title 59 do not apply./

Renumber sections to conform.

Amend title to conform.

Rep. KENNEDY spoke in favor of the amendment.

Rep. GAMBLE explained the amendment.

Rep. J. BROWN moved to table the amendment, which was not agreed to.

The question then recurred to the adoption of the amendment, which was agreed to.

Rep. KENNEDY proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\GJK\20777SD.94), which was adopted.

Amend the bill, as and if amended, in Section 59-25-25 of the 1976 Code, as contained in SECTION 1, by adding a new paragraph at the end to read:

/Notwithstanding any other provision of law, a retired teacher must complete a minimum of three hours instead of six hours of continuing education every five years to remain certified./

Renumber sections to conform.

Amend totals and title to conform.

Rep. KENNEDY explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.


Printed Page 6456 . . . . . Monday, May 16, 1994

H. 3264--DEBATE ADJOURNED

Rep. HODGES moved to adjourn debate upon the following Bill until Tuesday, May 24, which was adopted.

H. 3264 -- Rep. Hodges: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR TAKING ANTLERED DEER, SO AS TO DELETE THE PROVISIONS FOR THE WILDLIFE AND MARINE RESOURCES COMMISSION TO SET THE SEASON IN GAME ZONE 4 AND PROVIDE FOR THE SEASON IN THAT GAME ZONE.

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

SPEAKER PRO TEMPORE IN CHAIR

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. McCRAW a leave of absence for the remainder of the day.

H. 4349--AMENDED AND SENT TO THE SENATE

The following Bill was taken up.

H. 4349 -- Reps. Wilkins, Wright, Harrell, Fulmer, Corning, Simrill, Hallman, H. Brown, Clyborne, Vaughn, Allison, Gamble, Marchbanks, Trotter, Stuart, Walker, Hutson, Littlejohn, Wells, Huff, D. Smith, Gonzales, Witherspoon, Haskins, Shissias, Thomas, Kelley, Harrison, Stone, Fair, Richardson, Riser, R. Smith, Graham, Law, Davenport, A. Young, Sharpe and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-25 SO AS TO ESTABLISH THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED COMMENCING WITH THE 1994 GENERAL ELECTION, TO DESIGNATE THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE HOUSE REAPPORTIONMENT PLAN CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT, AND TO REPEAL SECTION 2-1-10, RELATING TO ELECTION


Printed Page 6457 . . . . . Monday, May 16, 1994

DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES WERE FORMERLY ELECTED.

Rep. HODGES proposed the following Amendment No. 31A (Doc No. L:\PRINTING\DAILY\REAP\HOUSE516.DOC), which was adopted.

Amend the bill, as and if amended, in Section 2-1-25, on the 1976 Code by striking House Districts 1 through 124 and inserting:
DISTRICT 1

Area. . . . .Population

Oconee County

HOLLY SPRINGS. . . . . 683

KEOWEE KEY. . . . . 1,418

LONG CREEK. . . . . 447

MADISON . . . . . 869

MOUNTAIN REST. . . . . 1,078

RICHLAND

Tract 0305.00

Blocks: 241, 250, 251, 252, 255, 256, 260, 261, 262. . . . . 41

Tract 0306.00

Blocks: 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257. . . . . 287

Tract 0309.00

Blocks: 104, 105. . . . . 31

Tract 0310.00

Blocks: 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 432, 433, 456, 457, 458, 459, 460, 461, 462, 463, 501, 502, 503, 504, 505, 506, 507, 508, 509, 516, 517, 518, 519, 520, 521, 522. . . . . 283

SALEM . . . . . 2,394

TAMASEE . . . . . 1,436

WALHALLA. . . . . 9,699

WEST UNION. . . . . 1,630

WESTMINSTER. . . . . 7,670


Printed Page 6458 . . . . . Monday, May 16, 1994

DISTRICT TOTAL. . . . . 27,966

PERCENT VARIATION. . . . . -0.544

DISTRICT 2

Area. . . . .Population

Oconee County

EARLES GROVE

Tract 0309.00

Blocks: 405, 549. . . . . 84

FRIENDSHIP. . . . . 2,319

KEOWEE . . . . . 2,527

NEWRY CORINTH. . . . . 530

OAKWAY . . . . . 1,050

PROVIDENCE

Tract 0309.00

Blocks: 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 570. . . . . 637

RAVENEL . . . . . 2,098

RETURN . . . . . 643

RICHLAND

Tract 0305.00

Blocks: 257, 259. . . . . 248

Tract 0306.00

Blocks: 258, 259, 260, 261, 262. . . . . 3

SENECA . . . . . 13,965

SHILOH . . . . . 1,296

SOUTH UNION. . . . . 903

TOKEENA . . . . . 629

UTICA . . . . . 1,008

DISTRICT TOTAL. . . . . 27,940

PERCENT VARIATION. . . . . -0.637


Printed Page 6459 . . . . . Monday, May 16, 1994

DISTRICT 3

Area. . . . .Population

Pickens County

CALHOUN . . . . . 3,672

CENTRAL 1. . . . . 2,483

CENTRAL 2

Tract 0110.03

Blocks: 251, 252. . . . . 3

Tract 0111.01

Blocks: 101, 102, 111, 112, 113, 114, 115, 116A, 116B, 116C, 153, 154, 155, 156, 160A, 160B, 161A, 161B, 162. . . . . 166

Tract 0111.02

Blocks: 105, 106, 107, 108, 109, 110, 111, 112A, 112B, 113A, 113B, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 201A, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212A, 212B, 213A, 213B, 214, 215A, 215B, 215C, 215D, 216A, 216B, 217, 218, 219, 220, 221, 222, 223A, 223B, 224A, 224B, 224C, 225A, 225B, 226. . . . . 1,560

Tract 0111.03

Blocks: 145, 148, 149, 150, 158, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177. . . . . 81

CLEMSON . . . . . 2,554

LAWRENCE CHAPEL. . . . . 719

PIKE . . . . . 755

PRATERS CREEK

Tract 0103.00

Blocks: 107, 108, 109, 110, 111, 112, 113, 114, 135, 136, 137, 138, 139, 152, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 245, 246, 247, 248, 249, 250, 253, 261, 262, 263, 264, 265, 266. . . . . 636

SIX MILE. . . . . 3,368


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