Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
On this day, O Lord, many of us recall with humble gratitude the life of the late Speaker of this House, Solomon Blatt whose birthday was remembered yesterday. With deep thankfulness we rejoice in the memory of his abiding faith in God, his dependence upon the efficacy of prayer, his devotion to the moral law of Mt. Sinai and the eternal truths of the Sermon on the Mount, his never failing patriotism, his ever present kindness and charity, his warmhearted and durable friendship so evident in his helpfulness to so many.
And may the mantle of Solomon Blatt rest upon us that we may be wise as he was wise, true as he was true, loyal as he was loyal, and a friend of many as he was a friend to many.
And to You, Lord God, we give all praise for those who have kept the faith. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. HALLMAN moved that when the House adjourns, it adjourn in memory of Samuel Winfield McConnell of Charleston, which was agreed to.
The following was received and referred to the Committee on Invitations and Memorial Resolutions.
February 23, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The S.C. WIFE (Women Involved in Farm Economics), would like to host the members of the General Assembly at the Legislative Breakfast, Thursday, March 16, 1995, in the lower lobby of the Statehouse, from 9:00 to 10:30 A.M.
Thank you,
Tammy L. Smith
SC WIFE Secretary & Treasurer
February 21, 1995
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore submitted for your consideration.
Respectfully,
David M. Beasley
Governor
Reappointment, Member, State Ethics Commission, with term to commence May 31, 1995, and to expire May 31, 2000:
4th Congressional District:
Mr. Raymond B. Smith, 466 Pimlico Road, Greenville, S.C. 29607
The appointment confirmation was ordered referred to the Committee on Judiciary.
February 27, 1995
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore submitted for your consideration.
Respectfully,
David M. Beasley
Governor
Reappointment, Member, State Ethics Commission, with term to commence May 31, 1995, and to expire May 31, 2000:
2nd Congressional District:
Mr. Edward E. Duryea, 3 Riverside Lane, Beaufort, S.C. 29902
The appointment confirmation was ordered referred to the Committee on Judiciary.
The following was received and referred to the appropriate committee for consideration.
Document No. 1843
Promulgated By Public Service Commission
Motor Carriers
Received By Speaker February 24, 1995
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date January 24, 1996
The Senate sent to the House the following:
S. 445 -- Senators O'Dell and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SECTION OF HIGHWAY 76-178 FROM BELTON TO HONEA PATH IN ANDERSON COUNTY IN HONOR OF ERNEST A. BURRISS.
The Concurrent Resolution was ordered referred to the Committee on Education and Public Works.
The Senate sent to the House the following:
S. 563 -- Senator Waldrep: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF, ONE OF THIS STATE'S MOST PROMINENT EDUCATORS, CARROLL FREDERICK REAMES OF ANDERSON, WHO DIED FRIDAY, FEBRUARY 10, 1995.
The Concurrent Resolution was agreed to and returned to the Senate with concurrence.
The following was introduced:
H. 3692 -- Rep. Kelley: A HOUSE RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO ADOPT H. R. 842, THE "TRUTH IN BUDGETING ACT".
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3693 -- Reps. Robinson, Rice, Marchbanks and Trotter: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE THE MEMBERS OF THE RICHARD H. GETTYS MIDDLE SCHOOL CHEERLEADING SQUAD OF PICKENS COUNTY UPON RECENTLY BEING SELECTED FIRST RUNNER-UP IN THE JUNIOR HIGH DIVISION OF THE NATIONAL CHEERLEADERS ASSOCIATION NATIONAL CHAMPIONSHIP IN DALLAS, TEXAS, FOR THE PURPOSE OF BEING RECOGNIZED IN THE HOUSE BALCONY ON MARCH 2, 1995.
The Resolution was adopted.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3362 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 1995 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTION 44-2-40, AS AMENDED, OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT AND USES OF THE SUPERB ACCOUNT AND THE SUPERB FINANCIAL RESPONSIBILITY FUND, SO AS TO PLACE THE ADMINISTRATION OF THE SUPERB FINANCIAL RESPONSIBILITY FUND UNDER THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO CLARIFY THE USES AND MAXIMUM PAYOUTS OF THE FUND, AND TO PROVIDE THAT DISPUTES OVER THIRD PARTY CLAIMS AGAINST THE FUND MUST BE DETERMINED BY THE ADMINISTRATIVE LAW JUDGE DIVISION; TO AMEND SECTION 8-11-165 OF THE 1976 CODE, RELATING TO THE AGENCY HEAD SALARY COMMISSION, SO AS TO REQUIRE AGENCY HEAD SALARY COMMISSION AND STATE BUDGET AND CONTROL BOARD APPROVAL TO SET THE SALARY OF A PRESIDENT OF A TECHNICAL COLLEGE IN EXCESS OF NINETY-FIVE PERCENT OF THE MIDPOINT OF THE AGENCY HEAD SALARY RANGE AND TO CORRECT OBSOLETE REFERENCES; TO AMEND SECTION 23-6-40 OF THE 1976 CODE RELATING, TO THE MANAGEMENT OF THE DEPARTMENT OF PUBLIC SAFETY SO AS TO PROVIDE THAT THE DEPARTMENT DIRECTOR SHALL RECOMMEND THE SALARIES OF DEPUTY DIRECTORS; TO AMEND SECTION 57-1-450 OF THE 1976 CODE RELATING TO THE MANAGEMENT OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT DIRECTOR SHALL RECOMMEND THE SALARIES OF DEPUTY DIRECTORS; TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-335 SO AS TO AUTHORIZE THE DIVISIONS OF THE BUDGET AND CONTROL BOARD TO PROVIDE TO AND RECEIVE FROM OTHER GOVERNMENTAL ENTITIES GOODS AND SERVICES, AND TO AUTHORIZE THESE DIVISIONS TO CHARGE AND PAY FOR SUCH GOODS AND SERVICES, THE REVENUE FROM WHICH MUST BE USED FOR THE COSTS OF PROVIDING THE GOODS AND SERVICES; TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-95 SO AS TO PROVIDE THAT WITH RESPECT TO DEBTS OWED TO THE BUDGET AND CONTROL BOARD AT THE END OF ANY FISCAL YEAR, THE BOARD IS AUTHORIZED TO TRANSFER ANY FUNDS REMAINING IN THE AGENCY'S ACCOUNTS TO PAY THESE DEBTS PRIOR TO THE CLOSING OF THE BOOKS FOR THAT FISCAL YEAR, AND TO PROVIDE EXCEPTIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 48-52-435 SO AS TO PROVIDE THAT IN ORDER TO AVOID DUPLICATIVE STUDIES, FUNDS SHALL NOT BE EXPENDED BY STATE AGENCIES FOR STUDIES INVESTIGATING ALTERNATIVE ENERGY USAGE OR CONSERVATION MEASURES WITHOUT PRIOR APPROVAL OF THE STATE ENERGY OFFICE AND THE JOINT LEGISLATIVE COMMITTEE ON ENERGY; TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-115 SO AS TO PROVIDE THAT PRICES OFFERED IN CONNECTION WITH CONTRACTS FOR PURCHASES MADE BY THE STATE OF SOUTH CAROLINA FOR ANY COUNTY, MUNICIPALITY, COLLEGE OR UNIVERSITY, POLITICAL SUBDIVISION, SCHOOL DISTRICT, OR AGENCY OF THE STATE SHALL NOT BE SUBJECT TO FAIR TRADE CONTRACTS; TO AMEND THE 1976 CODE BY ADDING SECTION 10-1-200 SO AS TO PROVIDE FOR THE REGULATION OF PARKING FACILITIES OWNED OR CONTROLLED BY AGENCIES OF STATE GOVERNMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 10-1-180 SO AS TO PROVIDE THAT THE EXPENDITURE OF FUNDS BY ANY STATE AGENCY, EXCEPT THE DEPARTMENT OF TRANSPORTATION FOR PERMANENT IMPROVEMENTS AS DEFINED IN THE STATE BUDGET, ARE SUBJECT TO APPROVAL AND REGULATION OF THE STATE BUDGET AND CONTROL BOARD; TO AMEND THE 1976 CODE BY ADDING SECTION 10-1-190 SO AS TO PROVIDE THAT, AS PART OF THE APPROVAL PROCESS RELATING TO TRADES OF STATE PROPERTY FOR NONSTATE PROPERTY, THE STATE BUDGET AND CONTROL BOARD IS AUTHORIZED TO APPROVE THE APPLICATION OF ANY NET PROCEEDS RESULTING FROM SUCH A TRANSACTION TO THE IMPROVEMENT OF THE PROPERTY HELD BY THE BOARD; TO AMEND THE 1976 CODE BY ADDING SECTION 10-3-60 SO AS TO PROVIDE THAT REVENUES GENERATED FROM THE RENTALS OF THE FACILITIES OF THE GOVERNOR'S MANSION COMPLEX MAY BE RETAINED AND EXPENDED FOR THE BUDGETED OPERATION OF THE COMPLEX; TO AMEND ARTICLE 1, CHAPTER 35, TITLE 11, OF THE 1976 CODE RELATING TO GENERAL PROVISIONS CONCERNING THE CONSOLIDATED PROCUREMENT CODE BY ADDING SUBARTICLE 11 SO AS TO AUTHORIZE A GOVERNMENTAL BODY TO ACCEPT GIFTS-IN-KIND OF ARCHITECTURAL OR ENGINEERING SERVICES, OR BOTH AND ITEMS OF CONSTRUCTION WITH A VALUE OF LESS THAN TWO HUNDRED FIFTY THOUSAND DOLLARS WITH THE APPROVAL OF CERTAIN INDIVIDUALS IF THE GIFT IS MADE OR ACCEPTED WITHOUT THE INTENT TO INFLUENCE THE JUDGMENT OF THE GOVERNMENTAL BODY; TO AMEND SECTION 11-35-5260 OF THE 1976 CODE RELATING TO ANNUAL REPORTS BY A GOVERNMENTAL BODY BEING MADE ANNUALLY TO THE BUDGET AND CONTROL BOARD CONCERNING THE NUMBER AND DOLLAR VALUE OF CONTRACTS AWARDED TO ELIGIBLE MINORITY BUSINESSES DURING THE PRECEDING FISCAL YEAR, SO AS TO REQUIRE THE REPORTS TO BE MADE TO THE DIVISION OF OPERATIONS OF THE BOARD BY AUGUST FIFTEENTH OF THE TOTAL DOLLAR VOLUME OF BUSINESS THAT WAS CONTRACTED EITHER DIRECTLY OR THROUGH CERTIFIED SUBCONTRACTORS WHO ARE SMALL, MINORITY, OR WOMEN-OWNED BUSINESS DURING THE PREVIOUS FISCAL YEAR; TO AMEND THE 1976 CODE BY ADDING SECTION 48-52-635 SO AS TO AUTHORIZE A STATE AGENCY TO CARRY FORWARD AND RETAIN SAVINGS REALIZED FROM ENERGY CONSERVATION MEASURES WHICH HAVE BEEN CERTIFIED BY THE STATE ENERGY OFFICE; TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-141, SO AS TO REQUIRE STATE AGENCIES TO INSURE STATE-OWNED VEHICLES THROUGH THE BUDGET AND CONTROL BOARD OR ABSORB THE COST OF ACCIDENT REPAIRS, ESTABLISHES CONDITION UNDER WHICH A STATE EMPLOYEE WHILE DRIVING A STATE-OWNED VEHICLE IS LIABLE FOR AN ASSESSMENT; TO AMEND SECTION 1-11-270 OF THE 1976 CODE, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT ESTABLISHING CRITERIA FOR INDIVIDUAL ASSIGNMENT OF MOTOR VEHICLES, SO AS TO DEFINE THE CONDITIONS FOR WHICH A STATE-OWNED VEHICLE MAY BE ASSIGNED TO STATE EMPLOYEES; TO AMEND SECTION 1-11-710 OF THE 1976 CODE, RELATING TO THE BUDGET AND CONTROL BOARD MAKING INSURANCE AVAILABLE TO ACTIVE AND RETIRED EMPLOYEES, SO AS TO REQUIRE THE BUDGET AND CONTROL BOARD TO DEVELOP AND IMPLEMENT A PLAN TO INCREASE THE EMPLOYER CONTRIBUTION RATES OF STATE RETIREMENT SYSTEM TO A LEVEL ADEQUATE TO COVER THE EMPLOYER'S SHARE FOR THE CURRENT FISCAL YEAR'S COST OF PROVIDING HEALTH AND DENTAL INSURANCE TO RETIRED STATE AND SCHOOL DISTRICT EMPLOYEES; TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-580 SO AS TO REQUIRE THE BUDGET AND CONTROL BOARD TO MAKE QUARTERLY PAYMENTS ON INSURANCE CONTRACTS WHERE THE ANNUAL PREMIUM EXCEEDS FIFTY THOUSAND DOLLARS AND TO UNDERTAKE NEGOTIATIONS TO IMPLEMENT THIS REQUIREMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-450 SO AS TO ALLOW THE BUDGET AND CONTROL BOARD TO WITHHOLD LONG-TERM CARE INSURANCE PREMIUMS FOR STATE OF SOUTH CAROLINA RETIREES; TO AMEND THE 1976 CODE BY ADDING SECTION 2-7-78 SO AS TO PROVIDE REQUIREMENTS FOR CERTIFICATION OF REVENUE IN THE GOVERNOR'S RECOMMENDED APPROPRIATIONS BILL AND THE CONFERENCE COMMITTEE REPORT ON THE BILL; TO AMEND THE 1976 CODE BY ADDING SECTION 8-11-195 SO AS TO ESTABLISH GUIDELINES FOR STATE EMPLOYEE FURLOUGH POLICIES; TO AMEND THE 1976 CODE BY ADDING SECTION 8-11-200 SO AS TO PROVIDE THE REQUIREMENTS FOR REIMBURSEMENT OF TRAVEL EXPENSES TO PERSONS INTERVIEWING FOR STATE EMPLOYMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 8-11-190 SO AS TO PROVIDE FOR THE USE OF PUBLIC FUNDS TO REWARD STATE EMPLOYEES; TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-50 SO AS TO PROVIDE THAT FUNDS ACCUMULATED BY THE DIVISION OF BUDGET AND ANALYSES, BUDGET AND CONTROL BOARD, UNDER CONTRACT FOR PROVIDING GOODS AND SERVICES WHICH ARE NOT EXPENDED MAY BE CARRIED FORWARD FOR THE COSTS ASSOCIATED WITH PROVIDING THESE GOODS AND SERVICES; TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-2322 SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO SELL A DEALER LICENSE PLATE FOR USE ON A MOTOR VEHICLE WHICH THE DEALER LOANS TO A SCHOOL FOR DRIVER EDUCATION; TO AUTHORIZE A TWENTY DOLLAR FEE FOR THE LICENSE PLATE AND TO REQUIRE SURRENDER OF THE LICENSE PLATE WHEN IT IS NO LONGER USED FOR DRIVER EDUCATION; TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-370 SO AS TO PROVIDE THAT A STATE AGENCY COLLECTING REVENUE TO BE APPLIED TO PAYMENTS ON GENERAL OBLIGATION BONDS SHALL SUBMIT REVENUE COLLECTED TO THE STATE TREASURER AND THE REVENUE SUBMITTED CONSTITUTES A REIMBURSEMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 2-7-115 SO AS TO PROVIDE THAT THE APPROPRIATIONS FOR DEBT SERVICE IN THE GENERAL APPROPRIATIONS ACT ARE THE ESTIMATED DEBT SERVICE REQUIREMENTS OF BONDS OF THE STATE FOR EACH FISCAL YEAR, AND TO PROVIDE THAT THE INCLUSION OF THESE APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT SHALL NOT PREVENT THE ISSUANCE OF ADDITIONAL BONDS PURSUANT TO CURRENT OR FUTURE AUTHORIZATIONS IF PERMITTED BY LAW; TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-590 SO AS TO REQUIRE THE SPECIAL FUND THAT SUPPORTS CERTAIN BONDED DEBT OF THE STATE ISSUED BEFORE DECEMBER 1, 1997, TO BE FIRST APPLIED TO DEBT SERVICE; TO AMEND THE CODE OF 1976 BY ADDING SECTION 2-7-107 SO AS TO REQUIRE SUFFICIENT APPROPRIATIONS TO PAY GENERAL OBLIGATION DEBT INCURRED AFTER DECEMBER 1, 1977; TO AMEND THE 1976 CODE BY ADDING SECTION 11-1-100 SO AS TO AUTHORIZE THE BUDGET AND CONTROL BOARD, AFTER REVIEW OF THE JOINT BOND REVIEW COMMITTEE, TO REGULATE THE STARTING DATE OF THE VARIOUS PROJECTS APPROVED FOR FUNDING THROUGH THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS; TO AMEND THE 1976 CODE BY ADDING SECTION 4-5-260 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT, WITH RESPECT TO STATE AID TO SUBDIVISIONS FOR COUNTY GOVERNMENT AND THE ALLOCATION FORMULA FOR AN ANNEXED COUNTY, WHERE A PORTION OF ONE COUNTY IS ANNEXED TO ANOTHER COUNTY, THE TOTAL AMOUNT ALLOCATED TO THE TWO COUNTIES SHALL NOT EXCEED THE TOTAL WHICH WOULD BE ALLOCATED TO THE TWO COUNTIES SEPARATELY; TO AMEND THE 1976 CODE BY ADDING SECTION 6-27-45 SO AS TO PROVIDE THAT, WITH RESPECT TO LOCAL GOVERNMENT AND THE STATE AID TO SUBDIVISIONS ACT, NOTWITHSTANDING THE AMOUNT APPROPRIATED IN THE ANNUAL GENERAL APPROPRIATION ACT FOR "HOMESTEAD EXEMPTION REIMBURSEMENT", THERE MUST BE ANNUALLY APPROPRIATED WHATEVER AMOUNT IS NECESSARY TO REIMBURSE TO COUNTIES AND MUNICIPALITIES FOR EXEMPTIONS ALLOWED IN ACCORDANCE WITH THE PROVISIONS OF LAW; TO AMEND THE 1976 CODE BY ADDING SECTION 11-3-240 SO AS TO SPECIFY THAT FOUR CENTS PER CAPITA BE APPROPRIATED TO EACH COUNTY TO BE APPLIED TOWARD THE EXPENSE OF PRINTING TAX FORMS AND SUPPLIES, AND PROVIDE FOR THE MANNER OF PAYMENT; TO AMEND THE 1976 CODE BY ADDING ARTICLE 10 TO CHAPTER 21 OF TITLE 8 SO AS TO PROVIDE SALARY SUPPLEMENTS FOR CLERKS OF COURT, PROBATE COURT JUDGES, AND SHERIFFS; TO AMEND THE 1976 CODE BY ADDING SECTION 6-7-185 SO AS TO SPECIFY HOW THE ANNUAL APPROPRIATION TO THE REGIONAL COUNCILS OF GOVERNMENTS IS ALLOCATED; TO AMEND THE 1976 CODE BY ADDING SECTION 6-7-157 SO AS TO REQUIRE REGIONAL COUNCILS OF GOVERNMENT TO PROVIDE A SPENDING PLAN BEFORE RECEIPT OF STATE FUNDS AND PROVIDE FOR AN AUDIT OF APPROPRIATED FUNDS; TO AMEND THE 1976 CODE BY ADDING SECTION 6-7-155 SO AS TO REQUIRE THE STATE TREASURER TO DISBURSE FUNDS TO REGIONAL COUNCILS OF GOVERNMENT UPON APPROVAL; TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-75 SO AS TO PROVIDE THAT WHERE A PORTION OF ONE COUNTY IS ANNEXED TO ANOTHER COUNTY, THE AMOUNT ALLOCATED UNDER AID TO SUBDIVISIONS TO THE TWO COUNTIES MUST NOT EXCEED THE AMOUNT THAT WOULD BE ALLOCATED TO THE COUNTIES SEPARATELY AND TO REQUIRE THE POPULATION OF THE ANNEXED AREAS TO BE TAKEN INTO CONSIDERATION IN DETERMINING THE PROPORTIONATE ALLOCATION FOR EACH COUNTY; TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-140 SO AS TO ALLOW THE BUDGET AND CONTROL BOARD TO TRANSFER TO THE BOND CONTINGENCY REVOLVING FUND ANY CAPITAL IMPROVEMENT BOND PROJECT BALANCES DETERMINED NOT TO BE USABLE OR NEEDED, AND PROVIDE FOR EXEMPTIONS AND RELATED MATTERS; TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-180 SO AS TO PROVIDE ADDITIONAL POWERS TO THE BUDGET AND CONTROL BOARD INCLUDING THE POWER TO EXAMINE AGENCY ACCOUNTING SYSTEMS AND REQUIRE ADOPTION OF POLICIES AND PROCEDURES FOR PROPER ACCOUNTING; TO PROTECT AGAINST FIRE LOSS AND DETERIORATION OF STATE PROPERTY; TO APPROVE DESTRUCTION OF AGENCY RECORDS; TO APPROVE PLANS FOR PERMANENT IMPROVEMENTS MADE BY STATE AGENCIES; TO APPROVE BLANKET BONDS INCLUDING BONDS ON EMPLOYEES OR STATE OFFICIALS; AND TO CONTRACT TO DEVELOP AN ENERGY UTILIZATION MANAGEMENT SYSTEM FOR FACILITIES UNDER THE BOARD'S CONTROL; TO AMEND SECTION 1-1-810 OF THE 1976 CODE, RELATING TO THE PERIOD TO BE COVERED BY ANNUAL REPORTS, SO AS TO PROVIDE THAT EACH STATE AGENCY AND DEPARTMENT SHALL SUBMIT AN ANNUAL REPORT WHICH MUST BE AN ACCOUNTABILITY REPORT; AND TO AMEND SECTION 1-1-820, RELATING TO CONTENTS OF ANNUAL REPORTS, SO AS TO PROVIDE THAT AN ACCOUNTABILITY REPORT MUST CONTAIN THE AGENCY MISSION, OBJECTIVES, AND PERFORMANCE MEASURES; TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-405 SO AS TO PROVIDE THAT NO AIRCRAFT MAY BE PURCHASED, LEASED, OR LEASE-PURCHASED FOR MORE THAN A THIRTY-DAY PERIOD BY ANY STATE AGENCY WITHOUT THE PRIOR AUTHORIZATION OF THE BUDGET AND CONTROL BOARD AND THE JOINT BOND REVIEW COMMITTEE; TO AMEND SECTION 44-53-530, AS AMENDED, OF THE 1976 CODE, RELATING TO THE SEIZURE AND FORFEITURE OF PROPERTY USED IN ILLEGAL CONTROLLED SUBSTANCE TRANSACTIONS, SO AS TO PROVIDE THAT IF THE PROPERTY SEIZED AND FORFEITED IS AN AIRCRAFT OR WATERCRAFT AND IS TRANSFERRED TO A STATE LAW ENFORCEMENT AGENCY OR OTHER STATE AGENCY, ITS USE AND RETAINAGE BY THAT AGENCY SHALL BE AT THE DISCRETION AND APPROVAL OF THE BUDGET AND CONTROL BOARD; TO AMEND THE 1976 CODE BY ADDING SECTION 56-31-60 SO AS TO PROVIDE FOR A PENALTY OF ONE THOUSAND DOLLARS A VEHICLE ON EACH VEHICLE WHICH A CAR RENTAL COMPANY FAILS TO REGISTER AND LICENSE IN THIS STATE, AND FAILS TO REMIT PROPERTY TAXES IN THIS STATE AS REQUIRED BY LAW, AND TO PROVIDE FOR THE SEIZURE AND SUBSEQUENT DESTRUCTION OF THE VEHICLE IF THE APPROPRIATE FEES AND TAXES ARE NOT PAID AFTER NINETY DAYS; TO AMEND SECTION 12-21-2710 OF THE 1976 CODE, RELATING TO COIN-OPERATED MACHINES AND DEVICES PROHIBITED BY LAW, SO AS TO INCLUDE VIDEO SLOT MACHINES WHICH DO NOT DISBURSE MONEY BUT WHICH HAVE A FREE PLAY FEATURE AND ALL OTHER VIDEO GAMES WHICH DO NOT DISBURSE MONEY BUT WHICH HAVE A FREE PLAY FEATURE REGARDLESS OF THE GAME ON THE MACHINES WITHIN THE CATEGORY OF DEVICES EXEMPT FROM THE PROHIBITION; TO AMEND SECTION 12-21-2720, AS AMENDED, RELATING TO LICENSE FEES FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO INCREASE THE FEE ON CERTAIN MACHINES AND TO DELETE A ONE-TIME ADDITIONAL FEE; TO AMEND SECTIONS 12-21-2776 AND 12-21-2804, AS AMENDED, RELATING TO REGULATION OF VIDEO GAMES WITH A FREE PLAY FEATURE, SO AS TO EXTEND FROM JULY 1, 1995, TO JULY 1, 1998, THE DEADLINE FOR INSTALLING METERS, TO INCREASE FROM FIVE TO EIGHT THE NUMBER OF MACHINES ALLOWED AT A SINGLE PLACE OR PREMISES, AND TO ALLOW MACHINES TO BE PLAYED UNTIL TWO O'CLOCK A.M. ON SUNDAYS; AND TO REPEAL SECTION 12-21-2791, RELATING TO LIMITS ON CASH PAYOUTS; TO REDUCE THE SOFT DRINKS TAX BY AN INCREMENTAL ONE-SIXTH IN FISCAL YEARS 1995-96 THROUGH 1999-2000; AND TO REPEAL ARTICLE 13, CHAPTER 21 OF TITLE 12 OF THE 1976 CODE, RELATING TO THE IMPOSITION OF THE SOFT DRINKS TAX, EFFECTIVE JULY 1, 2000; TO AMEND SECTION 57-11-20, AS AMENDED, OF THE 1976 CODE, RELATING TO THE STATE HIGHWAY FUND, SO AS TO REQUIRE INTEREST EARNED FROM THE FUND TO BE DEPOSITED IN THE FUND; TO AMEND SECTION 44-96-160, AS AMENDED, OF THE 1976 CODE, RELATING TO THE SALE AND DISPOSAL OF MOTOR OIL, SO AS TO PROVIDE THAT MOTOR CARRIERS RATHER THAN FOR HIRE MOTOR CARRIERS ARE EXEMPT FROM CERTAIN FEES, AND TO PROVIDE FOR TECHNICAL CORRECTIONS CONCERNING REPORTS FILED WITH THE ENVIRONMENTAL PROTECTION AGENCY REGARDING THE EXISTENCE OF WASTE OIL STORAGE TANKS; TO AMEND THE 1976 CODE, BY ADDING SECTION 58-23-25 SO AS TO DEFINE THE PUBLIC SERVICE COMMISSION'S MOTOR CARRIER REGULATORY AUTHORITY; BY ADDING SECTION 58-23-350 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE AND TAXATION WITH AUTHORITY TO ISSUE CLASS E CERTIFICATES OF COMPLIANCE TO FOR-HIRE MOTOR VEHICLES, TO PROVIDE FOR THE FEE AND PROCEDURE TO OBTAIN A CERTIFICATE, PROCEDURES TO ENSURE COMPLIANCE WITH THESE REQUIREMENTS, AND THE POSSIBILITY THAT A CERTIFICATE HOLDER MAY BE ELIGIBLE FOR CERTAIN EXCEPTIONS PROVIDED IN SECTIONS 58-23-620 AND 44-96-160(V)(1); TO AMEND SECTION 58-23-590, RELATING TO LICENSE FEES FOR CLASS E AND F CERTIFICATE HOLDERS, SO AS TO ELIMINATE THE FEE SCHEDULE FOR CLASS E AND F CERTIFICATE HOLDERS, AND TO ALLOW THE PUBLIC SERVICE COMMISSION TO DETERMINE THE ASSESSMENTS FOR HOUSEHOLD GOODS AND HAZARDOUS WASTE DISPOSAL, TO ESTABLISH THE OFFICE COMPLIANCE AND PROVIDE IT WITH THE POWER TO ASSESS FEES, GRANT OPERATING CERTIFICATES, SET RATES, AND ENFORCE THE COMMISSION'S REGULATIONS; TO AMEND SECTION 58-23-620, RELATING TO SITUATIONS IN WHICH LOCAL LICENSE FEES MAY OR MAY NOT BE IMPOSED ON A CERTIFICATE A, B, C, D, E, OR F HOLDER, SO AS TO DELETE THE CERTIFICATE D AND TO PROVIDE CIRCUMSTANCES IN WHICH LOCAL LICENSE FEES MAY BE IMPOSED ON A CERTIFICATE OF COMPLIANCE OR A COMMON OR CONTRACT MOTOR CARRIER OF PROPERTY; TO AMEND SECTION 58-23-640, AS AMENDED, RELATING TO THE ASSESSMENT AND DISTRIBUTION OF THE PUBLIC SERVICE COMMISSION'S IDENTIFIER FEE, SO AS TO SUBSTITUTE "DEPARTMENT OF REVENUE AND TAXATION" FOR "PUBLIC SERVICE COMMISSION" AND PLACE ALL REVENUE GENERATED BY THE FEE IN THE GENERAL FUND; TO AMEND SECTION 58-23-650, AS AMENDED, RELATING TO THE PUBLIC SERVICE COMMISSION'S AUTHORITY TO ENTER INTO RECIPROCAL AGREEMENTS WITH REGULATORY AGENCIES OF OTHER STATES HAVING JURISDICTION OVER MOTOR CARRIERS, SO AS TO SUBSTITUTE "DEPARTMENT OF REVENUE AND TAXATION" FOR "PUBLIC SERVICE COMMISSION", AND TO PROVIDE THE DEPARTMENT OF PUBLIC SAFETY AUTHORITY TO ENFORCE THESE AGREEMENTS; TO AMEND SECTION 58-23-1120, RELATING TO REQUIRING A MOTOR CARRIER TO COMPLY WITH ORDERS AND REGULATIONS PRESCRIBED BY THE PUBLIC SERVICE COMMISSION, SO AS TO DEFINE THE ROLE OF THE PUBLIC SERVICE COMMISSION, THE DEPARTMENT OF PUBLIC SAFETY, AND THE TRANSPORT POLICE DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY IN THE REGULATION OF MOTOR CARRIERS; AND TO REPEAL SECTION 58-23-580 RELATING TO LICENSE FEES FOR CLASS D CERTIFICATE HOLDERS; TO AMEND SECTIONS 24-21-510 AND 24-21-540 OF THE 1976 CODE, RELATING TO DUTIES OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES FOR COMMUNITY CONTROL CENTERS, PRESENTENCE INVESTIGATIONS, AND SENTENCING OPTIONS, SO AS TO DELETE REFERENCES TO PRESENTENCE INVESTIGATIONS; AND TO REPEAL SECTIONS 24-21-520 AND 24-21-530 OF THE 1976 CODE, RELATING TO PRESENTENCE INVESTIGATIONS; TO AMEND SECTION 50-11-20, AS AMENDED, OF THE 1976 CODE, RELATING TO THE MIGRATORY WATERFOWL COMMITTEE, SO AS TO DELETE PROVISIONS PERTAINING TO THE COMMITTEE, TRANSFER ITS DUTIES AND RESPONSIBILITIES TO THE DEPARTMENT OF NATURAL RESOURCES, AND REVISE PROCEDURES PERTAINING TO RELATED FUNDS; TO REPEAL CHAPTER 19, TITLE 1, OF THE 1976 CODE, RELATING TO THE STATE REORGANIZATION COMMISSION, TO REPEAL CHAPTERS 22, 23, 25, 27, 29, 39, 43, 51, 55, AND 73, ALL OF TITLE 2, RELATING TO VARIOUS COMMITTEES INCLUDING THOSE RELATING TO AQUACULTURE, INSURANCE, CRIME, ALCOHOL AND DRUG ABUSE, ELECTION LAW, MENTAL HEALTH AND MENTAL RETARDATION, TEXTILES, AGING, HEALTH CARE, AND THE DISABLED, TO REPEAL SECTION 11-35-520 RELATING TO THE PROCUREMENT POLICY COMMITTEE, CHAPTER 32 OF TITLE 46, RELATING TO THE TOBACCO ADVISORY COMMISSION, ARTICLE 11, CHAPTER 3 OF TITLE 57, RELATING TO THE INTERAGENCY COUNCIL ON PUBLIC TRANSPORTATION, AND CHAPTER 9 OF TITLE 59, RELATING TO THE COMMITTEE TO MAKE A CONTINUING STUDY OF THE EDUCATIONAL SYSTEM; TO AMEND THE 1976 CODE BY ADDING SECTION 11-11-325 SO AS TO ESTABLISH A SEPARATE FUND IN THE STATE TREASURY STYLED THE "STATE PROPERTY TAX RELIEF FUND" AND PROVIDE THAT AMOUNTS CREDITED TO THIS FUND MUST BE USED TO PROVIDE PROPERTY TAX RELIEF FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY; BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA:
Without reference.
H. 3690 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.
Without reference.
H. 3691 -- Rep. H. Brown: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY SINE DIE ADJOURNMENT DATE OF THE GENERAL ASSEMBLY SO AS TO PROVIDE THAT THE SINE DIE ADJOURNMENT DATE IS EXTENDED BY ONE STATEWIDE LEGISLATIVE DAY FOR EACH STATEWIDE DAY AFTER MAY TWENTY-FIFTH THAT THE ANNUAL GENERAL APPROPRIATIONS ACT IS NOT ENROLLED FOR RATIFICATION.
Referred to Committee on Judiciary.
H. 3694 -- Reps. Wright, Allison, Bailey, Byrd, Cooper, Fulmer, Harrell, J. Harris, Hodges, Keegan, Kelley, Knotts, Koon, Lanford, Limehouse, Mason, McMahand, Meacham, Phillips, Sharpe, Shissias, Stuart, Townsend, Walker, Wilder, Wofford, Kennedy, Cain and Stille: A BILL TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR AND ENFORCEMENT OF VIOLATIONS OF THE MANDATORY USE OF SEAT BELTS PROVISION, SO AS TO DELETE THE PROVISION THAT BOTH REQUIRES A VIOLATION NOT TO CONSTITUTE NEGLIGENCE PER SE OR CONTRIBUTORY NEGLIGENCE AND NOT BE ADMISSIBLE AS EVIDENCE IN A CIVIL ACTION.
Referred to Committee on Education and Public Works.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Bailey Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Cain Canty Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Fleming Fulmer Gamble Govan Hallman Harrell Harris, P. Harrison Harwell Haskins Herdklotz Hines Hodges Howard Huff Hutson Inabinett Jaskwhich Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McElveen McMahand Meacham Moody-Lawrence Neal Phillips Quinn Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Wright Young, A. Young, J.
I came in after the roll call and was present for the Session on Tuesday, February 28.
John G. Felder Denny W. Neilson Douglas Jennings, Jr. Harold G. Worley Jean L. Harris Michael L. Fair Jackson S. Whipper C. Alex Harvin, III
LEAVES OF ABSENCE
The SPEAKER granted Rep. S. WHIPPER a temporary leave of absence for the day.
The SPEAKER granted Rep. McKAY a leave of absence due to an accident.
Announcement was made that Dr. Robert Cutting of Aiken is the Doctor of the Day for the General Assembly.
The House stood in silent prayer in memory of former Speaker of the House, Solomon Blatt, on occasion of his 100th birthday.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3649 -- Reps. Jennings, J. Harris and Kinon: A BILL TO PROVIDE THAT THE BOARDS OF TRUSTEES OF THE SCHOOL ADMINISTRATIVE AREAS OF MARLBORO COUNTY ARE ABOLISHED AND THEIR POWERS AND DUTIES DEVOLVED UPON THE MARLBORO COUNTY BOARD OF EDUCATION, AND TO PROVIDE THAT THE ABOVE PROVISIONS SHALL NOT BE DEEMED TO ABOLISH THE ADMINISTRATIVE AREAS THEMSELVES.
H. 3659 -- Rep. Cato: A BILL TO AMEND ACT 199 OF 1971, AS AMENDED, RELATING TO THE NORTH GREENVILLE FIRE DISTRICT, SO AS TO PROVIDE THAT MEMBERS OF THE GOVERNING BODY MUST BE ELECTED ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF ODD-NUMBERED YEARS AND PROVIDE THAT THE TERMS OF MEMBERS SERVING ON THE EFFECTIVE DATE OF THIS ACT ARE EXTENDED UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 535 -- Senator Moore: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURT, SO AS TO REVISE THE AREAS FOR AIKEN COUNTY.
The following Bill was taken up.
H. 3115 -- Reps. Shissias, Gamble, Neilson, Baxley, Allison, Elliott, Stuart and Knotts: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO ORDER PARTIES IN A DIVORCE ACTION TO ATTEND THE PARENT AND CHILD TRANSITIONS PROGRAM, AN EDUCATIONAL PROGRAM CONDUCTED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES ON THE EFFECTS OF DIVORCE ON CHILDREN; AND TO ADD SECTION 44-49-90 SO AS TO DIRECT THE DEPARTMENT TO DEVELOP AND IMPLEMENT THIS PROGRAM AND TO AUTHORIZE THE DEPARTMENT TO CHARGE A FEE FOR THE PROGRAM.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21426AC.95).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 20-7-420 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) In a proceeding involving minor children in matters of divorce, custody, or separation the court on its own motion or the motion of either party may order the parties to attend the Parent and Child Transitions program, an educational program to be conducted by the Department of Alcohol and Other Drug Abuse Services on the effects of divorce on children. The court must require the parties to pay to participate in the program, unless the parties are financially indigent. The department must develop a sliding fee scale to apply in assessing fees for the cost of the program."
SECTION 2. The 1976 Code is amended by adding:
"Section 44-49-90. The department shall develop and implement the Parent and Child Transitions program for use with the department's clients and as may be ordered by the Family Court in proceedings involving minor children in matters of divorce, custody, or separation. The department must charge a fee to participants in the program and must develop a sliding fee scale to apply in assessing these fees to make the program totally self-sufficient after the first year."
SECTION 3. The Legislative Audit Council must conduct a review of the Department of Alcohol and Other Drug Abuse Services' Parent and Child Transition program to evaluate the effectiveness of the program in assisting families and in particular children in coping with and adjusting to divorce. The council shall submit a report of its review and evaluation to the General Assembly before July 1, 1998.
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. JENNINGS explained the amendment.
Rep. FLEMING moved to adjourn debate upon the Bill.
Rep. HARRISON moved to table the motion.
Rep. FLEMING demanded the yeas and nays, which were not ordered.
The motion to adjourn debate was tabled by a division vote of 30 to 28.
Rep. FLEMING spoke against the amendment.
Reps. MARCHBANKS, FLEMING, COOPER, CHAMBLEE, RICHARDSON, SIMRILL, ROBINSON, TRIPP, ELLIOTT, EASTERDAY, TROTTER and KIRSH objected to the Bill.
The following Bill was taken up.
H. 3042 -- Reps. Kirsh, Meacham and Richardson: A BILL TO AMEND SECTION 40-11-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FINANCIAL STATEMENT REQUIRED TO LICENSE A CONTRACTOR, SO AS TO REQUIRE AN AFFIDAVIT OF FINANCIAL CONDITION INSTEAD OF A FINANCIAL STATEMENT.
Reps. RICE, BAILEY and DAVENPORT proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9949JM.95).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-11-160 of the 1976 Code is amended to read:
"Section 40-11-160. The board shall may not issue a license to any a contractor above at the Group 1 2 or 3 level as this is defined by regulation of the board until such the contractor furnished furnishes the board with a financial statement certified by a certified public accountant or a public accountant. The board may not issue a license to a contractor at the Group 1 Level or the Group 4 Level as defined by regulation of the board until the contractor furnishes the board with an affidavit by the contractor of his financial condition."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. RICE explained the amendment.
Rep. ELLIOTT moved to adjourn debate upon the Bill until Tuesday, March 7, which was adopted.
The following Bill was taken up.
H. 3647 -- Ways and Means Committee: A BILL TO SUSPEND THE LIMITATION ON GENERAL FUND APPROPRIATIONS PROVIDED PURSUANT TO SECTION 11-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, BEGINNING WITH APPROPRIATIONS FOR FISCAL YEAR 1995-96, TO PROVIDE FOR THE USE OF THE ADDITIONAL REVENUE FOR PROPERTY TAX RELIEF AND FOR THE CONTINUED SUSPENSION OF THE LIMITATION UNTIL SUFFICIENT RECURRING REVENUES ARE AVAILABLE FOR THE STATE PROPERTY TAX RELIEF FUND TO REPLACE OPERATING PROPERTY TAX REVENUES ON OWNER-OCCUPIED RESIDENTIAL PROPERTY, AND TO PROVIDE FOR THE REINSTATEMENT OF THE LIMITATION WHEN THESE RECURRING REVENUES ARE AVAILABLE.
Rep. SHEHEEN moved to recommit the Bill.
Rep. SHARPE moved to table the motion.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Elliott Fleming Fulmer Gamble Hallman Harrell Harrison Haskins Herdklotz Huff Hutson Jaskwhich Keegan Kelley Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McTeer Meacham Quinn Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Stille Tripp Trotter Vaughn Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Bailey Baxley Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Canty Carnell Cave Clyburn Cobb-Hunter Delleney Felder Govan Harris, J. Harris, P. Harwell Hines Hodges Howard Jennings Kennedy Keyserling Kinon Kirsh Lloyd McAbee McCraw McElveen McMahand Moody-Lawrence Neal Neilson Rhoad Richardson Rogers Scott Sheheen Spearman Stuart Tucker Whipper, L. Wilder Williams
So, the motion to recommit was tabled.
Reps. HUFF, A. YOUNG, FELDER, HARRELL, DAVENPORT, FULMER, ROBINSON, KELLEY, KNOTTS and CARNELL objected to the Bill.
The following Bill was taken up.
H. 3124 -- Reps. Cromer, Keyserling, Meacham, Stille, Richardson, Stuart and Cotty: A BILL TO AMEND SECTION 38-73-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO PROVIDE THAT THREE DOLLARS, RATHER THAN ONE DOLLAR, OF THE YEARLY PREMIUM FOR UNINSURED MOTORIST COVERAGE MUST BE TRANSFERRED TO THE DEPARTMENT OF INSURANCE, RATHER THAN THE DEPARTMENT OF PUBLIC SAFETY, TO PROVIDE FUNDS FOR THE COSTS OF ADMINISTERING THE PROVISIONS OF SECTION 38-73-738, RATHER THAN ARTICLE 3, CHAPTER 10, TITLE 56; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-738 SO AS TO PROVIDE FOR A SYSTEM WHEREBY THE DEPARTMENT OF INSURANCE ISSUES TO EACH FIRST TIME DRIVER'S LICENSE APPLICANT WHO IS AT LEAST FIFTEEN YEARS OLD BUT LESS THAN SEVENTEEN YEARS OLD A DRIVER TRAINING VOUCHER, AND PROVIDE FOR RELATED MATTERS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-75 SO AS TO PROVIDE THAT A DRIVER'S LICENSE CANNOT BE ISSUED TO ANY PERSON WHO IS AT LEAST FIFTEEN YEARS OLD BUT UNDER SEVENTEEN YEARS OLD UNTIL THE PERSON HAS PROVIDED EVIDENCE OF SATISFACTORY COMPLETION OF AN APPROVED DRIVER TRAINING COURSE AS PROVIDED IN SECTION 38-73-738, AND PROVIDE FOR RELATED MATTERS.
The Committee on Education and Public Works proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9838JM.95).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 56-1-75. (A) The department shall not issue a driver's license to any person who is at least fifteen years of age but less than seventeen years of age until the applicant has provided the department satisfactory evidence of successful completion of an approved driver training course as provided in this section.
(B) This requirement does not apply to a beginner's permit as provided in Section 56-1-50; however, it must be complied with before the issuance of a special restricted license as provided for in Section 56-1-180.
(C) An 'approved driver training course' for purposes of this section is a driver training course which has been approved by the South Carolina Department of Education, the South Carolina Department of Public Safety, or any other responsible educational agency and conducted by:
(1) a recognized secondary school, college, or university;
(2) instructors certified by the South Carolina Department of Education, the South Carolina Department of Public Safety, or other responsible educational agency; or
(3) any other school approved and supervised by the South Carolina Department of Education, the South Carolina Department of Public Safety, or other responsible educational agency.
(D) The requirements of the course must include the following minimum criteria:
(1) eight hours of classroom instruction for driver training school approved courses;
(2) six hours of actual on-street practice driving;
(3) instruction on the effects drugs and alcohol have on the operation of motor vehicles and the consequences of drug or alcohol impaired driving; and
(4) a relevant test on the course material.
(E) For purposes of this section 'satisfactory evidence' is a certificate, on a form prescribed by the Department of Revenue and Taxation, signed by an official of the school, the South Carolina Department of Education, the South Carolina Department of Public Safety, or other responsible educational agency, which certifies that:
(1) the person achieved a passing grade on a relevant test on the course material;
(2) the course was approved by and the instructors were certified by the South Carolina Department of Education, the South Carolina Department of Public Safety, or other responsible educational agency; and
(3) for schools other than recognized secondary schools, college, or universities, the school was approved and supervised by the South Carolina Department of Education, the South Carolina Department of Public Safety, or other responsible educational agency.
(F) Successful completion of a driver training course as provided in this section entitles the person to the driver training credit provided in Regulation 69-13.2(I) for youthful operators.
(G) The department, upon satisfactory proof that a minor who is at least fifteen years of age but less than seventeen years of age has become a resident of South Carolina and has a valid driver's license from his prior state of residence but has not completed a driver training course, may grant the minor a temporary driver's license under such terms considered necessary by the department to allow the minor to operate a motor vehicle of a specified type or class in this State in order to obtain the driver training course necessary for a driver's license in South Carolina."
SECTION 2. This act takes effect January 1, 1996, but does not apply to any person born before January 1, 1980./
Amend title to conform.
Rep. COOPER explained the amendment and moved to adjourn debate upon the Bill until Wednesday, March 1, which was adopted.
The following was introduced:
H. 3695 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.3534, RELATING TO THE ENTERPRISE ZONE ACT OF 1995, FOR SECOND READING OR OTHER CONSIDERATION ON FEBRUARY 28, 1995, IMMEDIATELY FOLLOWING THE CALL OF THE MOTION PERIOD AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.3534 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H.3534 is set by special order for second reading or other consideration on February 28, 1995, immediately following the call of the motion period and continuing each legislative day immediately following the call of the uncontested calendar until H.3534 is given third reading or it is otherwise disposed of.
Rep. HUFF explained the Resolution.
Rep. McTEER raised the Point of Order that the Bill was out of order under Rule 5.10 in that it had not been on the members' desks the required amount of time. He stated that the Rules regarding the setting of Special Order would not preclude the Rule. He stated that Rule 6.3, 14 (a), stated that notwithstanding the order of business set forth in Rule 6.3 a matter may be set for Special Order for consideration on a particular day at a particular hour or at a particular place on the Calendar and that it was clear that it was referring to the remainder of Rule 6.3, which was just the daily order of business and in no way would preclude the rights of the membership to know what the Bill said before they voted on it, which was what Rule 5.10 assured the House.
The SPEAKER stated that the position on the Point was that the House under Rule 6.3, 14 (a), could not set a matter for Special Order unless it had been on the Calendar for more than 24 hours.
Rep. McTEER stated that it could be set for Special Order but it could not be taken up until it had been on the Calendar for more than 24 hours.
The SPEAKER stated that on April 21, 1994, the House did exactly that on S. 1196.
Rep. McTEER inquired if the Point was raised on that day.
The SPEAKER stated that the Point was not raised.
Rep. McTEER stated that the Rules guaranteed the membership the opportunity to study a Bill before it was debated.
The SPEAKER stated that if you looked at Rule 6.3, 14 (a) as the ability of the House to change the Calendar, then you would conclude that it preempted that Rule. He further stated that there was precedence from then Speaker Pro Tempore Mike Daniel from June of 1981, which was the only thing found on this direct Point, and it indicated that setting a Bill for Special Order in effect preempted the 24-hour Point.
Rep. FELDER stated further into Rule 6.3, it stated that once the Bill had been set for Special Order, then it would be transferred on the Calendar. He stated that to raise the 24-hour Point, that the House had not reached the place where it would be permitted. He stated that once it had been set for Special Order, then the Body had placed it on a special place on the Calendar and therefore, not subject to that Point.
The SPEAKER stated that the Rule clearly stated that to set a Bill for Special Order that it had to be on the Calendar and there was precedence in 1986 when Rep. Felder raised a Point that you could not set a Bill for Special Order because it was not on the Calendar and it was sustained. He stated that this Bill was on the Calendar.
Rep. SHEHEEN stated that there was a way to resolve Rule 5.10 and that Rule 5.10 was merely a printing rule. He further stated that you could waive the printing under Rule 5.14 and the Rules addressed that, but that Rule 4.15 stated that you could not alter or suspend the Rules of the House by the vote of the House unless it was by a written resolution of the Rules Committee voted on and amended by two-thirds. He further stated that you could not suspend the printing rule except for how the Rules of the House allowed you to.
Rep. HASKINS stated that the Point was being raised too early and at an improper time because the question before the Body was the Special Order resolution and not the Bill and there was a Point raised on April 12, 1984, with regard to a Bill where a motion to commit the Bill had been made prior to the 24-hour Point being raised and at that time Speaker Schwartz stated that there was precedence supporting the position that the motion was the prevailing question and he sustained the Point. He ruled that the 24-hour Point was improper because the motion before the House was the Special Order.
The SPEAKER stated that if he didn't rule on it now, then he would be preempting Rep. McTEER from raising the Point.
Rep. McELVEEN stated that under Rep. SHEHEEN's reasoning earlier, that since it was a printing rule that he would not be waiving his right for a later time.
Rep. HUFF stated that the printing rule would normally be raised when you arrive at the Bill itself.
Rep. McELVEEN stated the Rule was there to protect every member and give them the opportunity to look over legislation.
Rep. HUFF stated that the remedy for that would be to vote not to set it for Special Order.
The SPEAKER stated that this Bill had been printed and was on the desk and on the Calendar.
Rep. SHEHEEN stated that Rule 5.14 stated any documents required to be printed under the Rules of the House. He stated that Rule 5.10 had always been interpreted as a printing rule and required the printed copies to be on the desks for 24 hours and the House had waived that before.
Rep. A. YOUNG moved to waive Rule 6.1, which was agreed to.
Rep. HASKINS stated that with regard to printing the Rule being cited stated that you could waive the printing of a Bill and it stated the procedure for doing that, but in this case it had been already printed. He stated that the House was dealing with a question of whether or not it should be taken up in the regular order on the Calendar with a provision that you have to wait 24 hours or whether it was going to be taken up under a Special Order.
Rep. SHEHEEN stated that Rule 5.10 had nothing to do with the order of the Calendar and that was under Rule 6.3.
Rep. McELVEEN stated that Rule 5.10 had been amended a couple of years ago to require a Bill to actually be on the desk for one statewide legislative day. He stated that the House was not going to get that opportunity if it were set for Special Order.
Rep. FELDER stated that the Rules postured the House in the position to be able to insist on Special Order and once that was done, then you deal with the Bill even if it had been printed but not on the Calendar for 24 hours. He stated that waiving the printing Rule was improper at this time and the question was whether the House would set it for Special Order.
Rep. McTEER stated that there was a difference between what Rule 6.3 stated and what Rule 5.10 stated. He stated that Rule 6.3 dealt with setting a Bill for Special Order and that Rule 5.10 did not apply to a majority and that it was designed to protect the individual members of the House.
Rep. McELVEEN stated that the whole reason for Rules was to have an orderly procession of legislation so that everybody can be informed and participate. He stated that one member of the Body could insist on Special Orders but the right of the same member to have the right to consider it for a day would be disregarded.
The SPEAKER stated that the Point of Order was overruled as the House could set a Bill for Special Order. He referred back to the June, 1981, Point of Order and previous Points that he had reviewed.
Rep. HUFF continued speaking.
Reps. ROGERS and SHEHEEN spoke against the Resolution.
Rep. HUFF spoke in favor of the Resolution.
Reps. McELVEEN and BAXLEY proposed the following Amendment No. 1, which was tabled.
Change "Feb. 28" to "March 1".
Rep. BAXLEY explained the amendment.
Rep. HUFF moved to table the amendment.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Delleney Easterday Fair Felder Fleming Fulmer Gamble Hallman Harrell Harrison Harvin Haskins Herdklotz Huff Hutson Jaskwhich Jennings Keegan Kelley Kennedy Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Baxley Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Elliott Govan Harris, J. Harris, P. Harwell Hines Hodges Howard Inabinett Keyserling Kinon Kirsh Lloyd Martin McElveen McMahand McTeer Moody-Lawrence Neal Neilson Rhoad Rogers Scott Sheheen Shissias Spearman Stille Stoddard Thomas Tucker Whipper, L. White Wilder Wilkes Williams Worley
So, the amendment was tabled.
The question then recurred to the adoption of the Resolution.
Rep. SCOTT demanded the yeas and nays, which were not ordered.
The Resolution was adopted by a division vote of 74 to 33.
The following was introduced:
H. 3696 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.3613, RELATING TO THE SOUTH CAROLINA FAMILY INDEPENDENCE ACT OF 1995, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER DISPOSITION OF H.3534 AND TO PROVIDE FOR THE THIRD READING SPECIAL ORDER CONSIDERATION OF H.3613 IMMEDIATELY FOLLOWING THE THIRD READING OR OTHER DISPOSITION OF H.3534.
Be it resolved by the House of Representatives:
That H.3613 is set by special order for second reading or other consideration immediately following second reading or other disposition of H.3534 and is set for third reading special order consideration immediately following the third reading or other disposition of H.3534, and such third reading special order consideration of H.3613 to continue each legislative day immediately following the call of the uncontested calendar until it is given third reading or is otherwise disposed of.
Rep. HUFF explained the Resolution.
Rep. HODGES spoke against the Resolution.
Rep. BAXLEY proposed the following Amendment No. 1, which was tabled.
Add on line 23, after the "immediately" the following:
upon the conclusion of the uncontested Calendar, on Wednesday, March 1, Delete remainder.
Rep. BAXLEY explained the amendment.
Rep. HUFF moved to table the amendment, which was agreed to by a division vote of 62 to 36.
The Resolution was then adopted.
Rep. HUFF moved that the House recede until 2:45 P.M., which was adopted.
At 2:45 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised. A quorum was later present.
Rep. SHEHEEN moved to adjourn debate upon the following Bill until Wednesday, March 1, which was adopted.
H. 3228 -- Reps. Neilson, Cain, McMahand, Littlejohn, Meacham, Hallman, Rice, L. Whipper, White, Simrill, Jaskwhich, Elliott, Whatley, Herdklotz, Easterday, Haskins, Seithel, Davenport and Limehouse: A BILL TO AMEND SECTION 20-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUAL RIGHTS OF PARENTS, SO AS TO PROVIDE THAT BOTH CUSTODIAL AND NONCUSTODIAL PARENTS HAVE THE RIGHT TO PARTICIPATE IN THEIR CHILDREN'S SCHOOL ACTIVITIES.
The following Bill was taken up.
H. 3305 -- Reps. Kennedy, Whatley, Askins, Delleney, McCraw, S. Whipper and Phillips: A BILL TO AMEND SECTION 57-5-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTALLATION OF RIGHT-OF-WAY ENTRANCES AND APRONS, SO AS TO REQUIRE INSTALLATION FOR EXISTING BUSINESS FACILITIES AND TO LIMIT THE LENGTH OF AN ENTRANCE.
The Committee on Education and Public Works proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9930CM.95).
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/SECTION 1. Section 57-5-1140 of the 1976 Code, as added by Section 48A, Part II, Act 501 of 1992, is amended to read:
"Section 57-5-1140. (A) The department shall construct at its expense with its maintenance forces the portion within the right-of-way of entrances and aprons to state highways at any point necessary to render adequate ingress and egress to the abutting property at locations where the driveways will not constitute hazardous conditions.
(B) The driveways must be of access to existing developed property or property that is being developed for the personal use of the owner and not for speculative or resale purposes. An entrance ten feet wide (paved portion) measured at right angles to the centerline of the driveway is the maximum width for one-way traffic. An entrance sixteen feet wide (paved portion) is the maximum width for two-way traffic. If pipe culvert is necessary for drainage, the department shall install the amount necessary for twelve inch, fifteen inch, eighteen inch, twenty-four inch, or thirty inch pipe. Should the driveway installation require pipe larger than thirty inches, the department may install the pipe and charge the homeowner for the difference in cost between thirty inch pipe and larger diameter pipe required.
(C) The driveways must be of access to existing developed property or property that is being developed for the business use of the owners. An entrance twenty feet wide (paved portion) measured at right angles to the centerline of the driveway is the maximum width for one-way traffic. An entrance fifty feet wide (paved portion) is the maximum width for two-way traffic. If a pipe culvert is necessary for drainage, the department may install the pipe at the business owner's expense.
(D) Driveways requiring drainage structures other than pipe must be brought to the attention of the State Maintenance Engineer. The entrances to be constructed as outlined in this section shall include base and surfacing as necessary to provide an all weather driveway entrance. If wider entrances or additional entrances are requested and approved, the construction may be performed by the department at the owner's expense."/
Amend title to conform.
Rep. KENNEDY explained the amendment.
Rep. TUCKER objected to the Bill.
Rep. WALKER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3666 -- Education and Public Works Committee: A BILL TO AMEND TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO AUTHORIZE COUNTIES TO ESTABLISH OPTIONAL METHODS FOR THE FINANCING OF TRANSPORTATION FACILITIES INCLUDING THE ACQUISITION, CONSTRUCTION, EQUIPMENT, AND OPERATION OF HIGHWAYS, ROADS, STREETS, BRIDGES, AND OTHER TRANSPORTATION-RELATED PROJECTS EITHER ALONE, IN PARTNERSHIP WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, OR JOINTLY-OPERATED PROJECTS OF THE COUNTY AND OTHER GOVERNMENTAL ENTITIES, AND AMEND SECTION 57-5-1330, RELATING TO THE POWERS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT MAY NOT DESIGNATE AS A TURNPIKE FACILITY ANY HIGHWAY, ROAD, BRIDGE, OR OTHER TRANSPORTATION FACILITY FUNDED IN WHOLE OR IN PART BY A LOCAL OPTION SALES AND USE TAX AS PROVIDED IN CHAPTER 37 OF TITLE 4.
Rep. TRIPP made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. TUCKER withdrew his objection to the following Bill.
H. 3305 -- Reps. Kennedy, Whatley, Askins, Delleney, McCraw, S. Whipper and Phillips: A BILL TO AMEND SECTION 57-5-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTALLATION OF RIGHT-OF-WAY ENTRANCES AND APRONS, SO AS TO REQUIRE INSTALLATION FOR EXISTING BUSINESS FACILITIES AND TO LIMIT THE LENGTH OF AN ENTRANCE.
The following Concurrent Resolution was taken up.
H. 3646 -- Reps. Hodges and McElveen: A CONCURRENT RESOLUTION TO REQUEST CANDIDATES FOR JUDICIAL OFFICES TO BE FILLED BY ELECTION OF THE GENERAL ASSEMBLY DURING ITS 1995 SESSION TO REFRAIN FROM VISITING THE STATE HOUSE, BLATT BUILDING, GRESSETTE BUILDING, OR ANY OTHER BUILDINGS OF THE STATE CAPITOL COMPLEX FOR THE PURPOSE OF MEETING MEMBERS AND CAMPAIGNING FOR OFFICE UNTIL SUCH TIME AS THE LEGISLATIVE SCREENING COMMITTEE HAS RENDERED ITS REPORT REGARDING THE QUALIFICATIONS OF THE CANDIDATES FOR THE JUDICIAL OFFICES TO WHICH THE CANDIDATES SEEK ELECTION.
Amend Title To Conform
Whereas, numerous candidates for judicial offices to be filled by election of the General Assembly during its 1995 session are presently visiting the State House and the state Capitol Complex each legislative day to further their judicial candidacy; and
Whereas, although under present law no pledges to any candidate can be made by a member of the General Assembly until the legislative screening committee has rendered its findings in regard to the candidates for that office, it is perfectly permissible for these candidates to greet members of the General Assembly for informational purposes only as described above prior to seeking their pledges once pledging is permitted; and
Whereas, the practice of visiting the State House daily for purposes of greeting members of the General Assembly is a demanding and trying experience not only for the members of the General Assembly but most certainly for the candidates themselves thereby taking away from the productive work these excellent and capable individuals could be doing elsewhere; and
Whereas, the members of the General Assembly, by this resolution, are desirous of finding a solution to this situation. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby request candidates for judicial offices to be filled by election of the General Assembly during its 1995 session to refrain from visiting the State House, Blatt Building, Gressette Building, or any other buildings of the state Capitol Complex for the purpose of meeting members and campaigning for office until such time as the legislative screening committee has rendered its report regarding the qualifications of the candidates for the judicial offices to which the candidates seek election, unless the candidate makes an appointment to visit the member in his State House Office.
Rep. SIMRILL proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\DKA\3737CM.95), which was adopted.
Amend the Concurrent Resolution, as and if amended, by inserting on page 2, before the period on line 15, /, unless the candidate makes an appointment to visit the member in his State House Office/
Amend title to conform.
Rep. TRIPP explained the amendment.
The amendment was then adopted.
The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 3542 -- Reps. McElveen, Richardson, G. Brown, Canty, Keyserling, Neal and J. Young: A CONCURRENT RESOLUTION REQUESTING THE GOVERNOR, STATE BUDGET AND CONTROL BOARD, AND THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO MAKE AVAILABLE FUNDS FROM ALL POSSIBLE SOURCES TO ASSIST LOCAL POLITICAL SUBDIVISIONS IN COMBATTING FURTHER MILITARY BASE CLOSURES IN THIS STATE.
Rep. McELVEEN explained the Concurrent Resolution.
Rep. H. BROWN moved to table the Resolution.
Rep. WHITE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Brown, H. Cain Cato Chamblee Dantzler Easterday Fair Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harwell Herdklotz Hutson Jaskwhich Keegan Kelley Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Rhoad Riser Robinson Sandifer Seithel Sharpe Smith, D. Smith, R. Stoddard Tripp Trotter Vaughn Wells Whatley Wilkins Witherspoon Wofford Wright
Those who voted in the negative are:
Anderson Baxley Beatty Boan Breeland Brown, G. Brown, T. Carnell Cave Clyburn Cobb-Hunter Cotty Cromer Davenport Delleney Govan Harvin Hines Inabinett Kennedy Keyserling Kinon Kirsh Lloyd Mason McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Rice Richardson Rogers Sheheen Shissias Spearman Tucker Whipper, L. Whipper, S. White Wilkes Worley Young, J.
So, the Resolution was tabled.
The following Concurrent Resolution was taken up.
S. 476 -- Senator Leventis: A CONCURRENT RESOLUTION MEMORIALIZING THE MEMBERS OF THE SOUTH CAROLINA CONGRESSIONAL DELEGATION AND THE ENVIRONMENTAL PROTECTION AGENCY TO HELP SOUTH CAROLINA'S COTTON FARMERS AND THE ECONOMY OF THIS STATE BY ENCOURAGING AND APPROVING EMERGENCY ACTION TO ALLOW THE USE OF "STAPLE HERBICIDE".
Rep. FELDER moved to adjourn debate upon the Concurrent Resolution until Wednesday, March 1, which was adopted.
The motion period was dispensed with on motion of Rep. BAILEY.
The following Bill was taken up.
H. 3534 -- Reps. Wilkins, Tripp, Knotts, Whatley, Harrell, Wofford, A. Young, Hutson, Sandifer, Walker, Littlejohn, Herdklotz, Jaskwhich, Meacham, Fleming, Cain, Kelley, Simrill, Law, Mason, Jennings, Kennedy, Cato, Rice, Klauber, Stuart, Gamble, J. Young, Cotty, Shissias, Haskins, Harrison, Riser, Huff, Robinson, Marchbanks, H. Brown, Witherspoon, Baxley, Lanford, Waldrop and Easterday: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTER 10 ENACTING THE ENTERPRISE ZONE ACT OF 1995 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF ENTERPRISE ZONES IN WHICH VARIOUS TAX INCENTIVES MAY APPLY FOR BUSINESSES, TO PROVIDE THE CRITERIA FOR AREAS TO QUALIFY AS ENTERPRISE ZONES, TO PROVIDE THAT BUSINESSES QUALIFY FOR ENTERPRISE ZONE INCENTIVES BY MEANS OF ENTERING INTO A REVITALIZATION AGREEMENT WITH THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, TO PROVIDE INCENTIVES, DEPENDING ON ELIGIBILITY, THAT INCLUDE THE MAXIMUM CREDIT ALLOWED UNDER THE TARGETED JOBS TAX CREDIT AND AN ADDITIONAL CREDIT FOR EMPLOYEES FORMERLY RECEIVING AFDC, FEE IN LIEU OF TAXES FOR PROPERTY TAXES, RETAINING AN AMOUNT OF EMPLOYEE WAGES NOT TO EXCEED FIVE PERCENT FOR FIFTEEN YEARS FOR DEVELOPMENT EXPENSES AND ALLOWING INDIVIDUAL INCOME TAX CREDITS FOR EMPLOYEES AND WITHHOLDING TAX CREDITS FOR EMPLOYERS AND EMPLOYEES EQUAL TO THE RETAINED AMOUNT, AND TO PROVIDE THE CRITERIA FOR SELECTING OF QUALIFYING BUSINESSES AND PROJECTS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9940HTC.95), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 12 of the 1976 Code is amended by adding:
Section 12-10-10. This chapter may be cited as the Enterprise Zone Act of 1995.
Section 12-10-20. The General Assembly finds:
(1) that the economic well-being of the citizens of the State will be enhanced by the increased development and growth of industry within the State and that it is in the best interest of the State to induce the location or expansion of manufacturing, processing, distribution, warehousing, research and development, corporate offices, and certain tourism facilities within the State in order to promote the public purpose of creating new jobs within the State;
(2) that the inducement provided in this chapter will encourage the creation of jobs which would not otherwise exist and will create sources of tax revenues for the State and its political subdivisions;
(3) the powers to be granted to the Coordinating Council for Economic Development by this chapter and the purposes to be accomplished are proper governmental and public purposes and that the inducement of the location or expansion of manufacturing, processing, distribution, warehousing, research and development, corporate offices, and certain tourism facilities within the State is of paramount importance.
Section 12-10-30. As used in this chapter:
(1) 'council' means the Advisory Coordinating Council for Economic Development;
(2) 'department' means the South Carolina Department of Revenue and Taxation;
(3) 'manufacturing' means engagement primarily in an activity or activities listed under the Standard Industrial Classification (SIC) codes 20 through 39 according to the federal Office of Management and Budget;
(4) 'qualifying business' means an employer that meets the requirements of Section 12-10-50 and other applicable requirements of this chapter, and enters into a revitalization agreement with the council to undertake a project under the provisions of this chapter;
(5) 'project' means an investment for one or more purposes in Section 12-10-80(B) needed for a qualifying business to locate, remain, or expand in an enterprise zone and otherwise fulfill the requirements of this chapter.
Section 12-10-40. Annually, by December thirty-first, using the most current data available, the council shall designate the enterprise zones within this State as provided in this section. Each enterprise zone must meet one of the following criteria:
(1) consist of a census tract in which either the median household income is eighty percent or less of the state average, or at least twenty percent of households are below the poverty level according to the most recent United States census;
(2) consist of a county classified as less developed pursuant to Section 12-7-1220;
(3) be located in a federal military base or installation which was closed, or designated to be closed or in a federal facility in which the permanent employment was reduced by three thousand or more jobs after December thirty-first, 1990;
(4) consist of a census tract with at least one hundred manufacturing jobs, at least fifty percent of which are textile and apparel jobs; or
(5) consist of a census tract where a manufacturing facility has closed or experienced permanent layoffs and notified the Employment Security Commission under the federal Worker Adjustment and Retaining Notification (WARN) Act of 1988. The enterprise zone designation applies only for five years after the date of closure or layoff, and the number of jobs permanently lost must equal twenty-five percent or more of the total manufacturing workforce in the tract at the time the layoff occurred. In no event shall the job loss have occurred more than five years prior to the effective date of this chapter.
Section 12-10-50. To qualify for the benefits provided in this chapter, a business must be located within an enterprise zone and satisfy the following criteria:
(1) it must be primarily engaged in a business of the type identified in Section 12-7-1220;
(2) it shall provide a benefits package to full-time employees which includes health care; and
(3) it shall enter into a revitalization agreement which is approved by the council, except that no revitalization agreement is required for a qualifying business with respect to Sections 12-10-70(2), 12-10-70(3) and 12-10-80(D).
The council shall determine that the available incentives are appropriate for the project, and the council shall certify to the department that the total benefits of the project exceed the costs to the public, and that the qualifying business otherwise fulfills the requirements of this chapter. No provision of this chapter must be construed to allow the council to negotiate a fee-in-lieu of property taxes agreement or approve job training or retraining.
Section 12-10-60. The council shall enter into a revitalization agreement with each qualifying business with respect to the project. The terms and provisions of each revitalization agreement must be determined by negotiations between the council and the qualifying business. The revitalization agreement must set a date by which the qualifying business shall have completed the project. Within three months of the completion date, the qualifying business shall document the actual costs of the project in a manner acceptable to the council.
Section 12-10-70. Qualifying businesses are entitled to the following benefits in addition to all others provided by law:
(1) If at least fifty-one percent of the full-time employees hired for the project either reside in an enterprise zone at the time of employment, have a household income that is eighty percent or less of the median household income for the county prior to employment, or have been a recipient of Aid to Families with Dependent Children (AFDC) payments within the past twelve months, the qualifying business is entitled to the maximum jobs tax credit on the basis provided in Section 12-7-1220(B); in addition, a qualifying business is entitled to an additional five hundred dollars a year tax credit in the third, fourth, and fifth year of any AFDC recipient's continued employment with the qualifying business, based on the status of the employee at the time of beginning employment.
(2) The qualifying business is eligible for the benefits provided in Section 4-29-67 if it meets one-half of the quantitative requirements of that section.
(3) The business is eligible to use the special source revenue bonds authorized under Sections 4-29-68 and 4-1-175.
Section 12-10-80. (A) Upon certification by the council to the department of the council's determination that a business is a qualifying business certification for a qualifying business, a qualifying business may require, as a condition of employment, that each person whose job was created as a result of the project, agree to permit the qualifying business to deduct and withhold in an escrow account a job development fee from the gross wages paid to the employee by the qualifying business. Job development fees may not be collected from persons employed by a qualifying business before the entry by the qualifying business into a revitalization agreement. If a qualifying business elects to collect a job development fee, it shall deduct the job development fee from the paycheck of each new employee and shall make its payroll books and records available for inspection by the council or the department at the times the council or the department may request. Each qualifying business collecting a job development fee shall file with the council and the department the information and documentation respecting the imposition and collection of the job development fee according to the revitalization agreement. Each qualifying business collecting a job development fee is allowed a credit against the withholding tax liability provided in Chapter 9 of this title otherwise owed to the State, the credit not to exceed the lesser of the amount of such tax or the aggregate job development fees withheld.
(B) A qualifying business may collect a job development fee under the revitalization agreement for a period not to exceed fifteen years. The qualifying business may expend funds from the escrow account pursuant to the plan revitalization agreement and as provided below for any of the following purposes:
(1) training costs and facilities;
(2) acquiring and improving real estate;
(3) improvements to both public and private utility systems including water, sewer, electricity, natural gas, and telecommunications;
(4) fixed transportation facilities including highway, rail, water, and air; and
(5) construction or improvements of any real property and fixtures constructed or improved primarily for the purpose of complying with local, state, or federal environmental laws or regulations.
(C) The total amount withheld from the new employee's wages and expended by the qualifying business shall not exceed the following gross wages of the employee:
(1) two percent if the gross wages of the employee are equivalent to six dollars or more an hour but less than eight dollars an hour;
(2) three percent if the gross wages of the employee are equivalent to eight dollars or more an hour but less than ten dollars an hour;
(3) four percent if the gross wages of the employee are equivalent to ten dollars or more an hour but less than fifteen dollars an hour; and
(4) five percent if the gross wages of the employee are equivalent to fifteen dollars or more an hour.
The hourly gross wage figures set forth in this section must be adjusted annually by the federal consumer price index, selected by the council, for the most recent calendar year.
(D) Any qualifying business in an enterprise zone may negotiate with the council for the withholding of job development fees of up to five hundred dollars an employee a year for the purpose of retraining production employees, where this retraining is necessary for the qualifying business to remain competitive or to introduce new technologies. This retraining must be approved by and performed by the technical college under the jurisdiction of the State Board for Technical and Comprehensive Education serving the designated enterprise zone. Withholdings and expenditures under this section may not exceed five hundred dollars in a year nor exceed two thousand dollars over five years and the qualifying business must match on a dollar for dollar basis the employee's withholding share which is paid to the local technical college providing the training. The total amount withheld and the matching pursuant to this section must be paid to the technical college that provides the training to defray the cost of the training program. Any training cost in excess of the job development fees and matching funds is the responsibility of the qualifying business based on negotiations with the technical college.
(E) Each employee who has been assessed a job development fee as provided in this section is allowed a credit against the employee's state income taxes in an amount equal to one hundred percent of the job development fee withheld from the employee's wages during the calendar year. Each employee who has been assessed a job development fee as provided in this section is allowed a credit against the employee's withholding tax liability calculated pursuant to Chapter 9 of this title in an amount equal to one hundred percent of the job development fee withheld from the employee's wages during the calendar year.
(F) Any job development fee of a qualifying business permanently lapses upon expiration or termination of the revitalization agreement. In the event of termination, the council shall direct the qualifying business to suspend immediately the assessment of wages or the spending of funds from the escrow account, and the department may direct the transmittal of such funds to the department as withholding taxes.
Section 12-10-90. If a qualifying business fails to achieve the level of capital investment or employment set forth in the revitalization agreement, the department may terminate the revitalization agreement and reduce or suspend all or any part of the incentives until the time the anticipated capital investment and employment levels are met. However, these incentives must not be suspended retroactively. The council will provide in the revitalization agreement entered into in connection with a project for the levels of capital investment and employment expected to be achieved and for the time period in which the levels must be achieved.
Section 12-10-100. (A) The council shall establish criteria for the determination and selection of qualifying businesses and the approval of revitalization agreements. These criteria must give greatest weight to the creditworthiness of the business, the number, type, and quality of new jobs to be provided by the project to residents of this State, and the economic viability of the business. The council may include in its criteria requirements relating to the capital costs of, and projected employment to be produced by, projects eligible for financing under this chapter and requirements relating to the employment of previously unemployed or underemployed persons.
With respect to each business and project, the council shall request the materials and make the inquiries necessary to determine whether the business and its proposed project satisfy the council's announced criteria and to conduct an adequate cost/benefit analysis with respect to the proposed project and the incentives proposed to be granted by the council with respect to the project. After a review of the relevant materials and completion of its inquiries and analysis, the council may by resolution of its members designate an applicant business as a qualifying business and authorize the undertaking of its project according to the revitalization agreement.
(B) The council shall establish criteria and guidelines as necessary for employee income investment plans, with consent of the department.
(C) The council shall establish an application fee schedule, not to exceed two thousand dollars for each qualifying business, for undertaking the provisions of this chapter. The State Treasurer shall establish an account for these fees which must be expended by the council only for meeting administrative, data collection, credit analysis, costs/benefits analysis, reporting, and any other obligations pursuant to this chapter. This account may retain funds for expenditure in the next fiscal year only for purposes enumerated in this section.
(D) By March first of each year, the council shall prepare a public document that itemizes revitalization agreements concluded during the prior calendar year. The report shall list each agreement, the results of each costs/benefits analysis, and receipts and expenditures of application fees. This document must be forwarded to the State Budget and Control Board, Senate Finance Committee, and House Ways and Means Committee. This document may not contain any proprietary or confidential information that is otherwise exempt under the South Carolina Freedom of Information Act, and nothing in this section must be construed to require the release of such exempt information.
Section 12-10-110. This chapter must be liberally construed in conformity with the findings provided in Section 12-10-20."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. HARRELL explained the amendment.
Rep. HARRELL spoke in favor of the amendment.
The amendment was then adopted.
Reps. WILKINS and HARRELL proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\5472HTC.95), which was adopted.
Amend the Report of the Committee on Ways and Means, as and if amended, page 3534-2, line 4, by striking /the/ and inserting /the Advisory/.
Amend title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Reps. WILKINS and HARRELL proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\JIC\5479HTC.95).
Amend the Report of the Committee on Ways and Means, as and if amended, page 3534-7, by inserting immediately after line 31:
/(E) The council is exempt from Chapter 23 of Title 1 through January 31, 1996./
Amend title to conform.
Rep. HARRELL explained the amendment.
Rep. SHEHEEN spoke against the amendment.
Rep. HARRELL spoke in favor of the amendment and moved to adjourn debate upon the amendment, which was adopted.
Rep. COBB-HUNTER proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\PFM\7211AC.95).
Amend the bill, as and if amended, SECTION 1, Section 12-10-70(1), Page 3534-4, line 10, by inserting after /employment./:
/A job tax credit granted under this item must be recaptured from the employer if the person for whom the tax credit was granted is not employed by the employer one year after the ending date of the period for which the tax credit was granted. The Department of Revenue and Taxation shall develop regulations to implement this item./
Amend title to conform.
Rep. COBB-HUNTER explained the amendment and moved to adjourn debate upon the amendment, which was adopted.
Rep. COBB-HUNTER proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\GJK\21489AC.95), which was tabled.
Amend the bill, as and if amended, in Section 12-10-50(2) of the 1976 Code as contained in SECTION 1, page 3534-3, line 20, after /care/ by inserting /with benefits at least equal to those offered to state employees/
Renumber sections to conform.
Amend totals and title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
The SPEAKER granted Rep. HINES a leave of absence for the remainder of the day.
Rep. COBB-HUNTER proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\GJK\21488AC.95), which was tabled.
Amend the bill, as and if amended, in Section 12-10-50 of the 1976 Code as contained in SECTION 1, on page 3534-3, line 29, after /chapter./ by inserting /In counting benefits, the council may not include the employment of persons who would otherwise be employed in the same or other places of employment. In counting costs, the council must count, in addition to direct costs, all indirect costs of the project including, but not limited to, costs of required new infrastructure, such as roads, schools, water, and sewer systems, required new social services and tax expenditures, such as manufacturer's abatements, and environmental impacts including, but not limited to toxic and hazardous waste management, monitoring storage and cleanup, and the effects or the quality of life of environmental degradation from the project./
Renumber sections to conform.
Amend totals and title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
Rep. CAVE proposed the following Amendment No. 8.
Any existing business which has a reduction in force of 10 or more employees within the pass 12 month period shall not be eligible for the tax benefit of this act.
Rep. CAVE explained the amendment and moved to adjourn debate upon the amendment, which was adopted.
Rep. COBB-HUNTER proposed the following Amendment No. 10 (Doc Name L:\council\legis\amend\JIC\5483AC.95), which was tabled.
Amend the bill, as and if amended, in Section 1 by adding at the end of Section 12-10-80(E):
/Each employer who deducts job employment fees annually by February first shall provide to each employee from whose wages the fee has been deducted a statement separately setting forth all deductions and a description of the process for claiming the credit on their state income tax returns and the description must be written at no higher than the sixth grade level./
Amend totals and title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. HARRELL spoke against the amendment.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
Rep. S. WHIPPER proposed the following Amendment No. 11, which was tabled.
That 20 percent of total number of jobs come from the following groups:
All families whose income for the five years prior to employment/job availability meet the national suggested poverty guidelines.
Rep. S. WHIPPER explained the amendment and moved to adjourn debate upon the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
Rep. CARNELL proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\JIC\5485HTC.95), which was adopted.
Amend the Report of the Committee on Ways and Means, as and if amended, page 3534-3, by striking lines 11 through 13 and inserting:
/the tract at the time the layoff occurred. The job loss shall have occurred no more than five years prior to the effective date of this chapter, except in any census tract where a catastrophic loss of one thousand or more jobs from a single employer has occurred since 1980 and fewer than half the job losses have been replaced. Any such tract will remain an enterprise zone until at least half the catastrophic job losses have been replaced. Where a municipality in which the catastrophic job loss occurred is split by census tracts, each tract containing any part of the municipality meets the catastrophic job loss criteria./
Amend title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Reps. BOAN, THOMAS and HODGES proposed the following Amendment No. 13, which was tabled.
Add to Section 12-10-40 at page 3534, line 13, the following new subsection (6):
(6) Located in a county without an interstate highway.
Rep. HODGES explained the amendment.
Rep. HARRELL spoke against the amendment.
Rep. HODGES spoke in favor of the amendment.
Rep. HARRELL moved to table the amendment.
Rep. THOMAS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Delleney Easterday Fair Felder Hallman Harrell Harrison Haskins Herdklotz Huff Hutson Jaskwhich Keyserling Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Marchbanks Mason Meacham Neilson Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Sheheen Simrill Smith, R. Stuart Tripp Vaughn Wells Whatley Wilkins Wofford Wright Young, A.
Those who voted in the negative are:
Baxley Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Fleming Gamble Harris, J. Harris, P. Harvin Hodges Inabinett Jennings Keegan Kelley Kennedy Kinon Lloyd Martin McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Rogers Scott Shissias Spearman Thomas Trotter Tucker Whipper, L. Whipper, S. White Wilder Wilkes Williams Witherspoon Worley Young, J.
So, the amendment was tabled.
Rep. CANTY proposed the following Amendment No. 14 (Doc Name L:\council\legis\amend\JIC\5488HTC.95), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, page 3534-4, line 7, by striking /five hundred/ and inserting /one thousand/.
Amend title to conform.
Rep. CANTY explained the amendment.
Rep. HARRELL spoke against the amendment.
Rep. CANTY spoke in favor of the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to by a division vote of 49 to 21.
Rep. McELVEEN proposed the following Amendment No. 15, which was tabled.
Amend by adding at page 3534-3, line 33, after the word "project", the following:
provided that, before entering such an agreement, the project must be approved by ordinance of the governing body of any affected local jurisdiction.
Amend to conform.
Rep. McELVEEN explained the amendment.
Rep. HARRELL spoke against the amendment.
Rep. McELVEEN spoke in favor of the amendment.
Rep. HARRELL moved to table the amendment.
Rep. McELVEEN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 60 to 21.
Reps. WILKINS and HARRELL proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\JIC\5490HTC.95), which was adopted.
Amend the Report of the Committee on Ways and Means, as and if amended, page 3534-7, by inserting immediately after line 31:
/(E) Notwithstanding any other provision of law, the council may promulgate regulations to implement the provisions of this chapter immediately upon the effective date of this chapter. These regulations remain in effect until the convening of the General Assembly for the 1996 session, at which time the council shall comply with the requirements of Chapter 23 of Title 1. The regulations initially promulgated by the council remain in effect until compliance with Chapter 23 of Title 1 during the 1996 session of the General Assembly./
Amend title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. CARNELL proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\JIC\5473HTC.95), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, page 3534-3, by striking lines 11 through 13 and inserting:
/the tract at the time the layoff occurred. The job loss shall have occurred no more than five years prior to the effective date of this chapter, except in any census tract where a catastrophic loss of five hundred or more jobs from a single employer has occurred since 1980 and fewer than half the job losses have been replaced. Any such tract will remain an enterprise zone until at least half the catastrophic job losses have been replaced./
Amend title to conform.
Rep. HARRELL moved to table the amendment, which was agreed to.
Debate was resumed on Amendment No. 4, by Reps. WILKINS and HARRELL.
Rep. HARRELL moved to table the amendment, which was agreed to.
Rep. COBB-HUNTER proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\PFM\7211AC.95), which was tabled.
Amend the bill, as and if amended, SECTION 1, Section 12-10-70(1), Page 3534-4, line 10, by inserting after /employment./:
/A job tax credit granted under this item must be recaptured from the employer if the person for whom the tax credit was granted is not employed by the employer one year after the ending date of the period for which the tax credit was granted. The employee would be defined as one who would qualify for unemployment insurance. The Department of Revenue and Taxation shall develop regulations to implement this item./
Amend title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
Debate was resumed on Amendment No. 8, by Rep. CAVE.
Rep. CAVE explained the amendment and moved to table the amendment, which was agreed to.
Rep. THOMAS proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\JIC\5481AC.95), which was adopted.
Amend the bill, as and if amended, Section 12-10-40, as contained in Section 1of the bill by inserting on page 3534-3, line 14:
/Notwithstanding any other provision of this section or chapter, the area west of the Waccamaw River and south of Highway 521 to the Charleston County line and west to the Williamsburg County line is designated as an enterprise zone./
Rep. THOMAS explained the amendment.
Rep. HARRELL spoke against the amendment.
Rep. HARRELL moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Brown, H. Cain Cato Chamblee Dantzler Easterday Fair Fleming Hallman Harrell Haskins Herdklotz Huff Jaskwhich Kirsh Koon Law Limbaugh Limehouse Marchbanks Mason Meacham Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Tripp Trotter Vaughn Wells Whatley Wilkins Wofford Young, A.
Those who voted in the negative are:
Anderson Baxley Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Cotty Cromer Davenport Delleney Felder Gamble Govan Harris, J. Harris, P. Harrison Harvin Harwell Hines Howard Hutson Inabinett Jennings Keegan Kelley Keyserling Kinon Klauber Knotts Lanford Lloyd Martin McCraw McElveen McMahand McTeer Neal Neilson Rogers Scott Sheheen Shissias Spearman Stille Stuart Thomas Townsend Tucker Whipper, L. Whipper, S. White Wilder Wilkes Williams Worley Wright Young, J.
So, the House refused to table the amendment.
Rep. HASKINS spoke against the amendment.
Rep. WILKES spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. NEILSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Baxley Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cotty Cromer Davenport Delleney Felder Gamble Govan Harris, J. Harris, P. Harvin Harwell Hines Hodges Howard Inabinett Jennings Kelley Keyserling Kinon Lanford Lloyd Martin McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Rhoad Richardson Rogers Scott Sheheen Shissias Spearman Stille Stuart Thomas Townsend Tucker Whipper, L. Whipper, S. White Wilkes Williams Worley Young, J.
Those who voted in the negative are:
Allison Bailey Brown, H. Cain Cato Chamblee Cooper Dantzler Easterday Fair Fleming Hallman Harrell Harrison Haskins Herdklotz Huff Jaskwhich Keegan Kennedy Kirsh Knotts Koon Law Limbaugh Limehouse Marchbanks Mason Meacham Quinn Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Tripp Trotter Vaughn Wells Whatley Wilder Wilkins Witherspoon Wofford Wright Young, A.
So, the amendment was adopted.
Rep. CAVE proposed the following Amendment No. 19 (Doc Name L:\council\legis\amend\GJK\21501AC.95), which was adopted.
Amend the bill, as and if amended, in Section 12-10-70(1) of the 1976 Code by adding at the end of this item:
/A new job is not considered a new job for the purpose of this credit if it replaces the same job that was part of a reduction in force in the preceding twelve months./
Renumber sections to conform.
Amend totals and title to conform.
Rep. CAVE explained the amendment.
The amendment was then adopted.
Rep. CAVE proposed the following Amendment No. 20, which was tabled.
The job development fees would be escrowed with an agent agreed to by the council and the qualifying business and no expenditure made without prior approval of Council.
Rep. CAVE explained the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
Rep. McELVEEN proposed the following Amendment No. 21, which was tabled.
Amend @ page 3534-3, line 33, by adding:
provided, that the council must advise any affected local jurisdiction of the project and of the terms of the agreement a reasonable time before entering a revitalization agreement so as to permit local comment.
Rep. McELVEEN explained the amendment.
Rep. HARRELL spoke against the amendment and moved to table the amendment.
Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Baxley Boan Brown, H. Cain Carnell Cato Chamblee Cotty Dantzler Davenport Delleney Easterday Fair Felder Fleming Gamble Hallman Harrell Harris, J. Harris, P. Harrison Harwell Haskins Herdklotz Huff Hutson Jaskwhich Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Marchbanks McAbee McCraw Meacham Neilson Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Tucker Vaughn Wells Whatley Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Cave Clyburn Harvin Hines Hodges Howard Inabinett Keyserling Lloyd McElveen McMahand McTeer Neal Richardson Rogers Thomas White Williams
So, the amendment was tabled.
Reps. BOAN and HODGES proposed the following Amendment No. 22, which was tabled.
Add to Section 12-10-40 the following subsection (6):
(6) a county in which 20% or more of its work force works out of state.
Rep. HODGES explained the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to by a division vote of 58 to 46.
Rep. KEYSERLING proposed the following Amendment No. 23, which was tabled.
Add to Section 12-10-40:
(6) consist of a census tract where tourism/retirement living jobs comprise fifty percent or more of the existing jobs.
Rep. KEYSERLING explained the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to by a division vote of 51 to 32.
The Bill, as amended, was read the second time and ordered to third reading.
I support the Enterprize Act but due to a prior commitment I am unable to remain for the final vote.
Rep. HARRY R. ASKINS
Rep. INABINETT moved that the House do now adjourn, which was adopted.
At 5:48 P.M. the House in accordance with the motion of Rep. HALLMAN adjourned in memory of Samuel Winfield McConnell of Charleston, to meet at 10:00 A.M. tomorrow.
This web page was last updated on Monday, June 29, 2009 at 1:49 P.M.