Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God, Lord of all power and might, keep us this day in health of body, in soundness of judgment, in purity of heart, in cheerfulness of disposition, in contentment with our lot, and in charity toward our fellowmen. Further all our worthy undertakings with Your blessings. In our work, strengthen us; in our difficulties, direct us; in our perils, defend us; in our troubles, comfort us. Supply our every need in keeping with Your knowledge of all Your children.
And may no cloud of doubt ever hide from us the brilliance of Your love. 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 yesterday, the SPEAKER ordered it confirmed.
Rep. HINES moved that when the House adjourns, it adjourn in memory of John Pauley of Lamar, which was agreed to.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3642 -- Reps. Koon, Gamble, Knotts, Riser, Spearman, Stuart and Wright: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO TAKE IMMEDIATE ACTION TO STOP THE DUMPING INTO THE AMERICAN MARKET OF VELVET IMPORTED FROM OTHER COUNTRIES AND TO REQUEST THE CONGRESS TO EXTEND THE IMPORTED VELVET DUTY TAX WHICH IS TO EXPIRE AT THE END OF 1996.
Ordered for consideration tomorrow.
Rep. WELLS, from the Spartanburg Delegation, submitted a favorable report, on:
S. 585 -- Senator Reese: A BILL TO AMEND ACT 813 OF 1946, AS AMENDED, RELATING TO THE CREATION OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE COMMISSION.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3573 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-3-50 SO AS TO PROVIDE THAT A PUBLIC HOUSING AUTHORITY MAY OBTAIN DATA FROM THE DEPARTMENT OF REVENUE AND TAXATION AND THE EMPLOYMENT SECURITY COMMISSION TO VERIFY A PERSON'S ELIGIBILITY FOR A PUBLIC HOUSING PROGRAM AND TO PROVIDE THE METHOD OF MAKING AND RESPONDING TO THESE REQUESTS; AND TO AMEND SECTIONS 12-54-240, AS AMENDED, AND 41-29-170 OF THE 1976 CODE, RELATING TO AUTHORITY OF THE DEPARTMENT OF REVENUE AND TAXATION AND EMPLOYMENT SECURITY COMMISSION TO DISCLOSE OFFICIAL INFORMATION, SO AS TO AUTHORIZE DISCLOSURE TO A PUBLIC HOUSING AUTHORITY, AND PROVIDE FOR THE DISCLOSURE OF AN APPLICANT'S CURRENT AND PREVIOUS EMPLOYERS.
Ordered for consideration tomorrow.
The following was introduced:
H. 3851 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND MICHELLE SCHWENDIMANN OF INMAN FOR BEING SELECTED AS A FINALIST IN THE 1995-96 CONGRESS-BUNDESTAG YOUTH EXCHANGE PROGRAM AND TO WISH FOR HER A VERY REWARDING AND CHALLENGING SCHOOL YEAR IN GERMANY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3852 -- Rep. Fair: A BILL TO AMEND SECTION 44-79-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF PHYSICAL FITNESS SERVICES CONTRACTS, SO AS TO PROVIDE THEY ARE UNENFORCEABLE IF THE CONTRACT DOES NOT COMPLY WITH STATE OR FEDERAL LAW; TO AMEND SECTION 44-79-70, RELATING TO RIGHTS AGAINST SUCCESSORS TO CONTRACT, SO AS TO PROVIDE THAT NO PURCHASER OF A CONTRACT ASSOCIATED WITH PROVIDING PHYSICAL FITNESS SERVICES MAY COLLECT ON THE CONTRACT OR REPORT A DELINQUENCY UNDER THE CONTRACT IF THE CONTRACT IS IN VIOLATION OF THE CHAPTER; AND TO AMEND SECTION 44-79-80, RELATING TO FINANCIAL RESPONSIBILITY REQUIREMENTS, SO AS TO INCLUDE IN THE EXEMPTION FROM CERTAIN REQUIREMENTS, FACILITIES THAT HAVE BEEN IN CONTINUOUS OPERATION FOR TEN OR MORE YEARS.
Referred to Committee on Labor, Commerce and Industry.
H. 3853 -- Rep. Davenport: A BILL TO AMEND ACT 172 OF 1969, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT, SO AS TO AUTHORIZE THE BOARD OF THE DISTRICT TO EMPLOY FIREMEN AND OTHER EMPLOYEES NECESSARY TO CARRY OUT THE RESPONSIBILITIES OF THE BOARD.
On motion of Rep. DAVENPORT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3854 -- Rep. Boan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 28 TO TITLE 12 SO AS TO CONFORM SOUTH CAROLINA'S METHOD OF IMPOSING AN EXCISE TAX ON MOTOR FUEL TO FEDERAL LAW.
Referred to Committee on Ways and Means.
H. 3855 -- Reps. Townsend and Allison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-245 SO AS TO REQUIRE A SCHOOL DISTRICT BOARD OF TRUSTEES TO EXPEL FOR NO LESS THAN ONE YEAR A STUDENT WHO BRINGS A FIREARM TO SCHOOL OR TO ANY SETTING UNDER JURISDICTION OF THE BOARD, AND TO PROVIDE THE PROCEDURES FOR AND OTHER REQUIREMENTS OF SUCH EXPULSION.
Referred to Committee on Education and Public Works.
H. 3856 -- Reps. Townsend and Allison: A BILL TO AMEND SECTION 59-24-10, AS AMENDED, AND SECTIONS 59-24-30 AND 59-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERFORMANCE AND LEADERSHIP ASSESSMENTS AND STANDARDS FOR SCHOOL ADMINISTRATORS, SO AS TO FURTHER PROVIDE FOR THESE ASSESSMENTS AND STANDARDS AND TO PROVIDE FOR PROFESSIONAL DEVELOPMENT PLANS AND EVALUATION PROCEDURES FOR THESE ADMINISTRATORS; AND TO AMEND SECTION 59-3-90, AS AMENDED, RELATING TO IN-SERVICE TRAINING PROGRAMS FOR TEACHERS, SO AS TO PROVIDE FOR PROFESSIONAL DEVELOPMENT PLANS FOR TEACHERS.
Referred to Committee on Education and Public Works.
H. 3857 -- Reps. Inabinett, Limehouse, Moody-Lawrence, Howard, Hallman, Bailey, Simrill, Seithel, Chamblee, Hines, Haskins, Keegan, Kelley, Fulmer, Dantzler, L. Whipper, Lloyd, Byrd, Stille, Cain, McTeer, A. Young, Neal, Trotter, Shissias, Richardson, Worley, S. Whipper and Law: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO INCLUDE SEAFOOD PROCESSING FACILITIES WITHIN THE CLASSIFICATION OF AGRICULTURAL REAL PROPERTY.
Referred to Committee on Ways and Means.
H. 3858 -- Reps. Bailey, Rice, Baxley, Limbaugh, Simrill, Clyburn, Mason, Jennings, H. Brown, Moody-Lawrence, Wofford, A. Young, Shissias, Hutson, Dantzler, Williams, Stille, Boan, Law, Rhoad, Davenport, Kirsh, Littlejohn, J. Harris, Wright, Harrell and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1333 SO AS TO AUTHORIZE THE FAMILY COURT TO SUSPEND OR RESTRICT THE DRIVER'S LICENSE OF A CHILD ADJUDICATED DELINQUENT OR FOUND IN CONTEMPT OF COURT OR IN VIOLATION OF A TERM OR CONDITION OF PAROLE.
Referred to Committee on Judiciary.
H. 3859 -- Reps. Riser, Hines, Inabinett, Rhoad, Witherspoon, Koon, Limehouse and Fulmer: A JOINT RESOLUTION TO DIRECT THE CLEMSON UNIVERSITY LIVESTOCK-POULTRY HEALTH DIVISION TO ESTABLISH A QUARANTINE FOR LARYNGOTRACHEITIS, AN INFECTIOUS AND COMMUNICABLE POULTRY DISEASE, AND TO PROVIDE REQUIREMENTS FOR THE QUARANTINE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3860 -- Reps. Limehouse, Trotter, Herdklotz, Seithel, Simrill, Easterday, Fulmer, Hallman, Haskins, A. Young, Tripp, L. Whipper, Rhoad, Vaughn, Phillips, Robinson and Waldrop: A BILL TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD SUPPORT, BY ADDING PART II SO AS TO AUTHORIZE AND PROVIDE PROCEDURES FOR THE ENFORCEMENT OF CHILD SUPPORT THROUGH THE REVOCATION OF DRIVERS' LICENSES; AND TO DESIGNATE SECTIONS 20-7-840 THROUGH 20-7-938 AS PART I, SUBARTICLE 3, ARTICLE 9, CHAPTER 7, TITLE 20 AND NAMED "CHILD SUPPORT PROCEEDINGS AND ENFORCEMENT".
Referred to Committee on Judiciary.
H. 3861 -- Reps. Fleming, Herdklotz, Sandifer, Seithel, Tripp, Limehouse, Mason, Meacham, Huff, Felder, Simrill, Fulmer, Robinson, A. Young, Phillips, McCraw, Walker, Haskins, Cain, Littlejohn, Davenport, Harrell, D. Smith, Klauber, H. Brown, Fair, Quinn, Easterday and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 30 TO TITLE 17 SO AS TO ESTABLISH PROCEDURES TO CONDUCT WIRETAPPING AND ELECTRONIC SURVEILLANCE.
Referred to Committee on Judiciary.
H. 3862 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HEALTH CARE COOPERATIVE AGREEMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1806, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3863 -- Reps. Beatty, Walker, Lanford, Littlejohn, Allison and Davenport: A BILL TO PROVIDE FOR THE FISCAL AUTONOMY OF THE SEVEN LOCAL SCHOOL DISTRICTS IN SPARTANBURG COUNTY; TO PROVIDE FOR THE POWERS OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY; TO PROVIDE FOR THE OPERATIONAL BUDGET OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY; TO PROVIDE FOR THE EQUITABLE DISTRIBUTION OF ASSETS OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY; TO PROVIDE FOR THE COUNTY BOARD'S MEETINGS; AND TO REPEAL ACT 610 OF 1994, RELATING TO THE ABOLITION OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY.
On motion of Rep. WALKER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3864 -- Rep. Quinn: A BILL TO AMEND SECTION 15-41-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM BANKRUPTCY PROCEEDINGS, SO AS TO REVISE A REFERENCE TO CITED PROVISIONS OF THE FEDERAL BANKRUPTCY REFORM ACT.
Referred to Committee on Judiciary.
S. 136 -- Senators Short, Courson, Hayes, Rose, Wilson and O'Dell: A BILL TO AMEND ARTICLE 5, CHAPTER 5, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA EMPLOYABLES PROGRAM ACT, BY ADDING SECTION 43-5-585 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE REPORTS TO CONSUMER REPORTING AGENCIES OF PERSONS DELINQUENT IN CHILD SUPPORT PAYMENTS FOR TWO CONSECUTIVE MONTHS.
Referred to Committee on Judiciary.
S. 238 -- Senators Leatherman and Elliott: A BILL TO AMEND SECTION 38-33-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE HEALTH MAINTENANCE ORGANIZATION ACT OF 1987, SO AS TO MAKE CHANGES TO THE DEFINITION OF "COPAYMENT" OR "DEDUCTIBLE"; TO AMEND SECTION 38-33-80, AS AMENDED, RELATING TO THE HEALTH MAINTENANCE ORGANIZATION ACT OF 1987, THE PROVISION THAT THE ENROLLEE IS ENTITLED TO EVIDENCE OF COVERAGE, THE CONTENTS OF THE EVIDENCE OF COVERAGE, DISCONTINUANCE OR REPLACEMENT OF COVERAGE, AND CHARGES FOR SERVICES, SO AS TO PROVIDE THAT A HEALTH MAINTENANCE ORGANIZATION THAT ISSUES A HEALTH MAINTENANCE ORGANIZATION CONTRACT WHICH REQUIRES THE ENROLLEE TO PAY A SPECIFIED PERCENTAGE OF THE COST OF COVERED HEALTH CARE SERVICES SHALL CALCULATE THOSE COPAYMENTS AND DEDUCTIBLES ON THE NEGOTIATED REDUCED RATE OF THE PROVIDER, AND PROVIDE THAT NOTHING IN THIS SECTION PRECLUDES A HEALTH MAINTENANCE ORGANIZATION FROM ISSUING A CONTRACT WHICH CONTAINS FIXED DOLLAR COPAYMENTS AND DEDUCTIBLES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-241 SO AS TO PROVIDE THAT AN INSURER THAT NEGOTIATES REDUCED RATES WITH PROVIDERS FOR COVERED HEALTH CARE SERVICES UNDER AN INDIVIDUAL OR GROUP ACCIDENT AND HEALTH INSURANCE POLICY MUST PROVIDE THAT PERCENTAGE COPAYMENTS AND DEDUCTIBLES PAID BY THE INSURED ARE APPLIED TO THE NEGOTIATED REDUCED RATES OF THAT PROVIDER, AND PROVIDE THAT NOTHING IN THIS SECTION PRECLUDES AN INSURER FROM ISSUING A POLICY WHICH CONTAINS FIXED DOLLAR COPAYMENTS AND DEDUCTIBLES.
Referred to Committee on Labor, Commerce and Industry.
S. 296 -- Senator Hayes: A BILL TO AMEND SECTION 27-18-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEMAND, SAVINGS, OR TIME DEPOSITS WITH BANKING OR FINANCIAL INSTITUTIONS BEING DEEMED ABANDONED UNDER THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO PROVIDE THAT IF THE OWNER OF THE DEPOSIT REPORTED THE INTEREST THEREON AS INCOME ON HIS STATE OF SOUTH CAROLINA INCOME TAX RETURN FOR ANY YEAR OF THE APPLICABLE FIVE-YEAR PERIOD, THE FIVE-YEAR PERIOD IS TOLLED AS OF DECEMBER THIRTY-FIRST OF THAT YEAR, AND TO PROVIDE A PROCEDURE FOR THE BANKING OR FINANCIAL INSTITUTION AND THE DEPARTMENT OF REVENUE AND TAXATION TO CONFIRM WHETHER OR NOT THE INTEREST INCOME HAS BEEN REPORTED.
Referred to Committee on Labor, Commerce and Industry.
S. 362 -- Senators Cork, Washington, Lander and Elliott: A BILL TO AMEND CHAPTER 5 OF TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, SO AS TO CREATE A RESERVE DETENTION OFFICER PROGRAM, AND TO DESIGNATE SECTIONS 24-5-10 THROUGH 24-5-170 AS ARTICLE 1, CHAPTER 5 OF TITLE 24.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 629 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE UNIVERSITY OF SOUTH CAROLINA, RELATING TO VIOLATIONS, PENALTIES, AND BONDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1778, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works.
S. 636 -- Senators Washington and Mescher: A BILL TO REPEAL ACT 16 OF 1973 RELATING TO THE ELECTION OF THE COLLETON COUNTY VETERANS AFFAIRS OFFICER.
On motion of Rep. LLOYD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
On motion of Rep. SCOTT, with unanimous consent, the following was taken up for immediate consideration:
H. 3865 -- Reps. Scott, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION RECOGNIZING AND SUPPORTING NATIONAL FAIR HOUSING MONTH, APRIL, 1995, IN SOUTH CAROLINA.
Whereas, April, 1995, is National Fair Housing Month; and
Whereas, the purpose of Fair Housing Month is to recognize, support, and encourage the right of every person, regardless of race, color, creed, gender, or national origin, to purchase and live in the housing of his choice and to have the affordability to decide where to live; and
Whereas, the Greater Columbia Community Relations Council has a full agenda planned for Fair Housing Month, including a poster contest on April 6, 1995, with posters submitted by students from Richland School Districts One and Two depicting what fair housing means to children; and
Whereas, the National Association of Real Estate Brokers, founded in 1947 for the purpose of providing democracy in housing, under its present leadership, National President Larry Cameron of Atlanta, Georgia, joins in participation with The South Carolina Chapter of The National Association of Real Estate Brokers in a partnership with the Greater Columbia Community Relations Council in recognizing Realtist Week and Fair Housing Month; and
Whereas, among many other activities, there will also be a Housing Fair held at Seawell's Restaurant in Columbia on April 29, 1995; and
Whereas, the purpose of Fair Housing Month is laudatory and deserves recognition and support by the people of South Carolina. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, recognizes and supports National Fair Housing Month, April, 1995, in South Carolina.
Be it further resolved that a copy of this resolution be forwarded to the appropriate officials or organizations planning and holding celebrations of Fair Housing Month.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3866 -- Rep. Scott: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO OFFICIALS OF THE GREATER COLUMBIA COMMUNITY RELATIONS COUNCIL, MR. LARRY CAMERON, PRESIDENT OF THE NATIONAL ASSOCIATION OF REAL ESTATE BROKERS, AND OFFICIALS OF THE SOUTH CAROLINA CHAPTER OF THE NATIONAL ASSOCIATION OF REAL ESTATE BROKERS, ON A DATE TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED FOR THEIR EFFORTS IN BEHALF OF NATIONAL FAIR HOUSING MONTH IN SOUTH CAROLINA.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to officials of the Greater Columbia Community Relations Council, Mr. Larry Cameron, President of the National Association of Real Estate Brokers, and officials of the South Carolina Chapter of the National Association of Real Estate Brokers, on a date and at a time to be determined by the Speaker, for the purpose of being recognized for their efforts in behalf of National Fair Housing Month in South Carolina.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Cain Canty Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Fair Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harrison Harwell Haskins Herdklotz Hines Hodges Howard Huff Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, J.
I came in after the roll call and was present for the Session on Thursday, March 23.
Alma W. Byrd George H. Bailey Molly M. Spearman Harry R. Askins Donald W. Beatty John G. Felder Jerry N. Govan, Jr.
STATEMENT OF ATTENDANCE
Rep. MARTIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 21.
Announcement was made that Dr. John Evans of Greenville is the Doctor of the Day for the General Assembly.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3663 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2340 SO AS TO CREATE AN ANTIQUE MOTOR VEHICLE DEALER LICENSE PLATE.
H. 3826 -- Reps. Carnell, McAbee, Boan, Hallman and Keegan: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE JOHN DE LA HOWE SCHOOL.
The following Bill was taken up.
H. 3459 -- Reps. Martin, R. Smith, A. Young, Kelley, McCraw, Baxley, Wright, Meacham, Clyburn, Askins, Neilson, Allison, Townsend, Lanford, Sandifer, S. Whipper, Jennings, Shissias, Fulmer, Simrill, McKay, J. Harris, Huff, Delleney, Thomas, Wells, Gamble, L. Whipper, Limbaugh, Phillips, Walker, Littlejohn, Harrison, Boan, Davenport, D. Smith, Wofford, Spearman, Robinson, Hallman, Harrell, Hines, Sharpe, Rice, Cato and Mason: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 SO AS TO PROHIBIT HARASSMENT AND STALKING, TO PROVIDE DEFINITIONS, TO PROVIDE PENALTIES, AND TO AUTHORIZE TEMPORARY RESTRAINING ORDERS; AND TO REPEAL SECTION 16-3-1070, RELATING TO THE CRIME OF STALKING.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3921CM.95), which was adopted.
Amend the bill, as and if amended, Section 16-3-1700(A)(1), SECTION 1, page 1, by striking the item and inserting:
/(1) following the targeted person as he moves from location to location;/
Amend further, page 2, by striking the last paragraph of subsection (A), beginning on line 4, and inserting:
/Harassment does not include words or conduct that is protected by the Constitution of this State or the United States, and does not apply to law enforcement officers or process servers performing their official duties./
Amend further, page 2, by striking the last paragraph of Section 16-3-1700(B), beginning on line 17, and inserting:
/Stalking does not include words or conduct that is protected by the Constitution of this State or the United States and does not apply to law enforcement officers or process servers performing their official duties./
When amended Section 16-3-1700 reads:
/Section 16-3-1700. For the purpose of this article:
(A) `Harassment' means a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that causes the person and would cause a reasonable person in his position to suffer mental distress. Harassment may include, but is not limited to:
(1) following the targeted person as he moves from location to location;
(2) visual, physical, or verbal contact that is initiated, maintained, or repeated after a person has been provided notice that the contact is unwanted;
(3) surveillance of or the maintenance of a presence near the targeted person's:
(a) residence;
(b) place of work;
(c) school; or
(d) another place regularly occupied by the targeted person; and
(4) vandalism and property damage.
Harassment does not include words or conduct that is protected by the Constitution of this State or the United States, and does not apply to law enforcement officers or process servers performing their official duties.
(B) `Stalking' means a pattern of words or conduct that is intended to cause and does cause a targeted person and would cause a reasonable person in the targeted person's position to fear:
(1) death of the person or a member of his family;
(2) assault upon the person or a member of his family;
(3) bodily injury to the person or a member of his family;
(4) criminal sexual contact on the person or a member of his family;
(5) kidnapping of the person or a member of his family; or
(6) damage to the property of the person or a member of his family.
Stalking does not include words or conduct that is protected by the Constitution of this State or the United States, and does not apply to law enforcement officers or process servers performing their official duties.
(C) `Aggravated stalking' means stalking accompanied or followed by an act of violence.
(D) `Pattern' means two or more acts within a ninety-day period.
(E) `Family' means a spouse, child, parent, sibling, or a person who regularly resides in the same household as the targeted person./
Amend further, page 5, line 5, by striking Section 16-3-1770(C) and inserting:
/(C) A restraining order issued pursuant to this article conspicuously shall bear the following language: `Violation of this order is a criminal offense punishable by thirty days in jail, a fine of five hundred dollars, or both'./
Amend further, page 6, by adding a new section after Section 16-3-1830:
/Section 16-3-1840. As a condition of bail, a magistrate may order a defendant charged with harassment or stalking under this article to undergo a mental health evaluation performed by the local mental health department./
Renumber sections to conform.
Amend title to conform.
Rep. MARTIN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. MARTIN, with unanimous consent, it was ordered that H. 3459 be read the third time tomorrow.
The following Bill was taken up.
H. 3320 -- Reps. Cooper, Witherspoon, Meacham, Chamblee, Tripp, P. Harris, Cato, Trotter, Thomas, Townsend and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870 SO AS TO RESTRICT THE USE OF PERSONAL WATERCRAFT INCLUDING JET SKIS AND PROVIDE PENALTIES FOR VIOLATIONS.
Rep. RICE 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. 3413 -- Reps. Townsend, Stille, Rogers, Riser, Cooper, McAbee, Williams, Wells, Trotter, Davenport and Carnell: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO REVISE THE RABBIT SEASON.
Rep. ROBINSON 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 Bills were taken up, read the second time, and ordered to a third reading:
H. 3526 -- Reps. Jaskwhich, Herdklotz, Vaughn, Tripp, Cato, Easterday and Haskins: A BILL TO AMEND SECTION 50-11-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO INCLUDE ROLLING GREEN RETIREMENT COMMUNITY IN GREENVILLE COUNTY.
Rep. WITHERSPOON explained the Bill.
S. 294 -- Senator Land: A BILL TO AMEND SECTION 48-11-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERSHED CONSERVATION DISTRICTS, SO AS TO DELETE THE PROVISION FOR BACK SWAMP WATERSHED CONSERVATION DISTRICT IN LEE COUNTY WHICH NEVER HAS IMPLEMENTED A PROJECT OR WORK OF IMPROVEMENT; TO DISSOLVE THE DISTRICT; AND TO REPEAL ACT 602 OF 1961 RELATING TO THE AUTHORIZATION TO CREATE THE DISTRICT.
Rep. WILKES explained the Bill.
H. 3552 -- Reps. Jennings, Tucker, Baxley, Chamblee, Stuart, Canty, Richardson, Askins, Inabinett, Littlejohn, Meacham, Sandifer, Lanford, Wofford, Herdklotz, Moody-Lawrence, Quinn, Law, Sheheen, McCraw, Whatley, Shissias, Kirsh, Fleming, Stille, Limbaugh, Lloyd, Huff, Cain, Seithel, Hines, Wells, Allison, Vaughn, Davenport, Tripp, Easterday, D. Smith, Dantzler, J. Harris, Klauber and Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 56 SO AS TO REQUIRE MOTOR VEHICLE MANUFACTURERS TO DISCLOSE POST-MANUFACTURING DAMAGES AND REPAIRS IN WRITING TO MOTOR VEHICLE DEALERS, TO REQUIRE MOTOR VEHICLE DEALERS TO DISCLOSE TO MOTOR VEHICLE PURCHASERS IN WRITING NEW CAR DAMAGES WHICH EXCEED THREE PERCENT OF THE "MANUFACTURER'S SUGGESTED RETAIL PRICE", AND TO DEFINE "MANUFACTURER'S SUGGESTED RETAIL PRICE".
Rep. GAMBLE explained the Bill.
H. 3117 -- Reps. Cato, Riser and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-935 SO AS TO PROVIDE REQUIREMENTS FOR CONSUMER LEASES FOR AUTOMOBILES.
Rep. GAMBLE explained the Bill.
On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that H. 3526 be read the third time tomorrow.
On motion of Rep. WILKES, with unanimous consent, it was ordered that S. 294 be read the third time tomorrow.
On motion of Rep. GAMBLE, with unanimous consent, it was ordered that H. 3552 be read the third time tomorrow.
On motion of Rep. GAMBLE, with unanimous consent, it was ordered that H. 3117 be read the third time tomorrow.
The following Bill was taken up.
H. 3549 -- Rep. Sharpe: A BILL TO AMEND SECTION 44-56-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR PERMITS AND PERMIT ISSUANCE UNDER THE "SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT", SO AS TO PROVIDE FOR THE FORMS OF FINANCIAL ASSURANCE REQUIRED TO ENSURE THE AVAILABILITY OF FUNDS FOR CLEAN-UP COSTS AND RESTORATION OF ENVIRONMENTAL IMPAIRMENT ARISING FROM A FACILITY.
Rep. SHEHEEN 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. 3740 -- Rep. Davenport: A BILL TO AMEND SECTION 46-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE MIGRANT FARM WORKERS COMMISSION, SO AS TO REVISE THE NAME AND TO ADD A MEMBER; AND TO AMEND SECTION 46-43-40, RELATING TO THE COOPERATION OF STATE AGENCIES AND DEPARTMENTS WITH THE COMMISSION, SO AS TO REVISE REPORTING REQUIREMENTS.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7322BDW.95).
Amend the bill, as and if amended, Section 46-43-10, page 1, by striking lines 40 through 41 and inserting:
/farm workers in this State; and one person to represent the interests of migrant farm workers or seasonal farm workers, or both. provided, However, any an organization created subsequent/ so that when amended the section reads:
/"Section 46-43-10. There is hereby created the Migrant and Seasonal Farm Workers Commission appointed by the Governor and constituted as follows: comprised of six farmers whose principle source of income is derived from farming, five of whom contract for migrant or seasonal farm workers, or both, two of whom shall represent the peach growers in this State, one of whom shall represent represents the apple growers, two of whom shall represent the various vegetable growers and producers of other row crops in this State which are planted, cultivated, or harvested, partially or completely, by migrant or seasonal farm workers, and one general farmer who may or may not contract for migrant or seasonal farm workers; four members who represent state agencies with statewide jurisdiction which are involved with migrant or seasonal farm workers; and five members who represent some organization organizations in South Carolina which is are presently involved with migrant or seasonal farm workers in this State; and one person to represent the interests of migrant farm workers or seasonal farm workers, or both. provided, However, any an organization created subsequent to May 25, 1976, may become eligible to have representatives appointed to this commission upon approval of the Migrant Farm Workers Commission as then constituted. Terms of office shall be are for four years with the initial appointments being divided between two and four-year appointments and until a successor is appointed and qualifies."/
Amend title to conform.
Rep. DAVENPORT explained the amendment.
Rep. HASKINS 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. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.
Rep. RISER 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. 3604 -- Reps. Wilkins, McMahand, Herdklotz, Haskins, Littlejohn, Wells, Rice, Jaskwhich, D. Smith, Tripp, Walker, Davenport, Fair, Allison, Lanford and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-11-220 SO AS TO CREATE AN AIRPORT ENVIRONS AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT AND PROVIDE THAT AN AIRPORT ENVIRONS AUTHORITY IS CREATED AND CONFERRED CERTAIN POWERS TO ENSURE COMPATIBLE LAND USE OF PROPERTY IN THE ENVIRONS AREA, PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, AND PROVIDE THAT IF THERE IS A CONFLICT BETWEEN THE POWERS CONFERRED ON THE AUTHORITY AND OTHER REGULATIONS APPLICABLE TO THE SAME AREA, THE PROVISIONS CONFERRED TO THE AUTHORITY PURSUANT TO THE PROVISIONS OF THIS ACT CONTROL.
Rep. VAUGHN 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. 3599 -- Rep. Richardson: A BILL TO AMEND SECTION 42-1-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF CASUAL EMPLOYEES AND CERTAIN OTHER EMPLOYMENTS FROM TITLE 42, WORKERS' COMPENSATION, SO AS TO ADD TO THE LIST OF SUCH EXEMPTIONS EMPLOYEES COVERED BY THE LONGSHORE & HARBOR WORKERS' COMPENSATION ACT.
Rep. CATO 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. 3045 -- Reps. Kirsh, Stille and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-225 SO AS TO REQUIRE A RETAIL DEALER TO AFFIX A LEGIBLE STATEMENT OF THE PERCENTAGE OF ETHANOL, METHANOL, OR A COMBINATION OF THEM TO THE DISPENSER OF ALL MOTOR FUEL KEPT, OFFERED, OR EXPOSED FOR SALE OR SOLD AT RETAIL CONTAINING AT LEAST TWO PERCENT BY VOLUME OF ETHANOL, METHANOL, OR A COMBINATION OF THEM, AND TO PROVIDE FOR THE PLACEMENT AND SIZE OF THE STATEMENT ON THE PUMP WHICH DISPENSES THE FUEL AND DEFINE "RETAIL DEALER".
Rep. RICHARDSON 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. 3665 -- Reps. Gamble, Cato, Worley, G. Brown and L. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-933 SO AS TO PROVIDE REQUIREMENTS FOR CONSUMER LEASES FOR AUTOMOBILES.
Rep. GAMBLE explained the Bill.
Rep. WALDROP objected to the Bill.
The Bill was then read the second time and ordered to third reading.
On motion of Rep. GAMBLE, with unanimous consent, it was ordered that H. 3665 be read the third time tomorrow.
The following Bill was taken up.
H. 3285 -- Reps. Neilson, Lloyd, G. Brown, Hines, L. Whipper, Breeland, J. Young, Canty, Rice, Felder, Chamblee, Gamble, Keyserling, Robinson, Herdklotz, Davenport, Mason, Thomas and Byrd: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER JOINT CUSTODY.
Rep. HARRISON 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.
S. 356 -- Senator Bryan: A BILL TO AMEND SECTION 8-21-770(B), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF FEES AND COSTS, SO AS TO SPECIFY THAT FEES IN ESTATE AND CONSERVATORSHIP PROCEEDINGS MUST BE BASED UPON THE GROSS VALUE OF THE PERSONAL PROPERTY OF THE PROBATE ESTATE; AND TO PROVIDE FOR A RETROACTIVE REFUND TO TAXPAYERS OF THE DIFFERENCE BETWEEN THE CURRENT FEES PAID THROUGH AUGUST 15, 1994, AND THE REDUCED FEES.
Rep. NEAL 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. 3835 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE THAT "AVERAGE WEEKLY WAGE" MUST BE CALCULATED BY TAKING THE TOTAL WAGES PAID FOR THE LAST FOUR QUARTERS IMMEDIATELY PRECEDING THE QUARTER IN WHICH THE INJURY OCCURRED AS REPORTED ON THE EMPLOYMENT SECURITY COMMISSION'S EMPLOYER CONTRIBUTION REPORTS DIVIDED BY FIFTY-TWO OR BY THE ACTUAL NUMBER OF WEEKS FOR WHICH WAGES WERE PAID, WHICHEVER IS LESS; TO AMEND SECTION 42-9-360, RELATING TO ASSIGNMENTS OF WORKERS' COMPENSATION AND EXEMPTIONS FROM THE CLAIMS OF CREDITORS AND TAXES, SO AS TO ADD PROVISIONS TO THE SECTION INCLUDING, AMONG OTHER THINGS, THE PROVISION THAT IT SHALL BE UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO ACTIVELY PURSUE COLLECTION PROCEDURES AGAINST A WORKERS' COMPENSATION CLAIMANT BEFORE THE FINAL ADJUDICATION OF THE CLAIMANT'S CLAIM; AND TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO THE WORKERS' COMPENSATION LAW AND EMPLOYERS' RECORDS AND REPORTS OF INJURIES, SO AS TO DELETE THE CURRENT PROVISIONS OF THE SECTION, AND PROVIDE, AMONG OTHER THINGS, THAT EVERY EMPLOYER SHALL KEEP A RECORD OF ALL INJURIES RECEIVED BY HIS EMPLOYEES IN THE COURSE OF THEIR EMPLOYMENT ON FORMS APPROVED BY THE WORKERS' COMPENSATION COMMISSION AND THAT CERTAIN INJURIES MUST BE REPORTED IN WRITING TO THE COMMISSION ACCORDING TO CERTAIN GUIDELINES.
Rep. BAILEY 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. 3836 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-9-45 SO AS TO PROVIDE THAT MENTAL ILLNESS RESULTING FROM WORK-RELATED STRESS IS NOT AN ACCIDENTAL INJURY ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT EXCEPT UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR RELATED MATTERS.
Rep. CATO 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. 3837 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS OF WORKERS' COMPENSATION HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT WHEN AN EMPLOYEE HAS BEEN OUT OF WORK DUE TO A REPORTED WORK-RELATED INJURY OR OCCUPATIONAL DISEASE FOR EIGHT DAYS, AN EMPLOYER MAY START TEMPORARY TOTAL DISABILITY PAYMENTS IMMEDIATELY AND MAY CONTINUE SUCH PAYMENTS FOR UP TO ONE HUNDRED TWENTY DAYS WITHOUT WAIVER OF ANY GROUNDS FOR DENIAL OF A CLAIM AS MAY APPEAR FOLLOWING A GOOD FAITH INVESTIGATION, PROVIDE FOR THE TERMINATION OR SUSPENSION OF TEMPORARY DISABILITY COMPENSATION, AND PROVIDE FOR RELATED MATTERS.
Rep. CLYBURN 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. 3838 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE.
Rep. CATO 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. 3839 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 34-3-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COPIES AND REPRODUCTIONS OF BANKING RECORDS AND THEIR ADMISSIBILITY INTO EVIDENCE, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE RECORDS MAY BE COPIED AND REPRODUCED, TO REVISE THE ENTITIES TO WHICH THIS SECTION APPLIES, AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH COPIES AND REPRODUCTIONS OF THESE RECORDS MAY BE ADMITTED INTO EVIDENCE.
Rep. COBB-HUNTER 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. 3840 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 34-3-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF CONDITION OF INSTITUTIONS IN THIS STATE LENDING MONEY AND RECEIVING DEPOSITS, SO AS TO FURTHER PROVIDE FOR THE SUBMITTING OF THESE REPORTS; TO AMEND SECTION 34-3-420, RELATING TO STATEMENTS OF CONDITION WHICH MUST BE SENT TO THE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO REVISE THE DATE THESE REPORTS MUST BE SUBMITTED AND THE CONDITIONS UNDER WHICH THESE REPORTS ARE REQUIRED AND SUBMITTED; AND TO REPEAL SECTIONS 34-3-390, 34-3-400, AND 34-3-410 RELATING TO STATEMENTS OF CONDITION REQUIRED OF CERTAIN BANKS OR INSTITUTIONS ENGAGED IN THE BANKING BUSINESS.
Rep. MASON 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. 3816 -- Reps. Quinn, Koon, Tripp, A. Young, Seithel, Knotts, Fulmer, H. Brown, Rice, Meacham, Littlejohn, Cain, Sharpe, Simrill, Cato, Mason, Wofford, Limbaugh, Hutson, Kelley, Hallman, Witherspoon, Cooper, Wright, Stille, Trotter, Huff, Law, Chamblee, Haskins, Wells, D. Smith, Riser, Davenport, Robinson, R. Smith, Vaughn, Herdklotz, Walker, Fleming, Klauber, Waldrop, Dantzler, Fair, Whatley and Easterday: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-163 SO AS TO REQUIRE ALL PORTRAITS, FLAGS, BANNERS, MONUMENTS, STATUES, AND PLAQUES WHICH MAY BE REMOVED FROM THE STATE HOUSE DURING RENOVATIONS TO THEIR ORIGINAL LOCATION WHEN THE STATE HOUSE IS REOCCUPIED AND PROVIDE THAT THE LOCATION OF THESE ITEMS MUST NOT BE CHANGED UNLESS APPROVED BY AN ACT PASSED BY THE GENERAL ASSEMBLY.
Rep. COBB-HUNTER 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. ROBINSON withdrew his objection to H. 3606 however, other objections remained upon the Bill.
Rep. SHEHEEN, with unanimous consent, made a statement relative to the Joint Assembly of March 22.
The Senate amendments to the following Bill were taken up for consideration.
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.
Rep. THOMAS proposed the following Amendment No. 1A (Doc Name L:\council\legis\amend\JIC\5481AC.95), which was tabled.
Amend the bill, as and if amended, Section 12-10-40, as contained in Section 1 of the bill by inserting on page 3534-3, line 14:
/Notwithstanding any other provision of this section or chapter, the area south 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, which was agreed to.
Rep. THOMAS proposed the following Amendment No. 2A, which was tabled.
Amend the bill, as and if amended, Section 12-10-40, as contained in Section 1 of the bill by inserting on page 3534-3, line 14:
/Notwithstanding any other provision of this section or chapter, the area designated as Census Zone 9808 in Georgetown County.
Rep. THOMAS explained 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 Boan Brown, H. Cain Cato Chamblee Clyburn Cooper Cotty Dantzler Davenport Easterday Elliott Fair Fulmer Hallman Harrell Harris, J. Harrison Haskins Herdklotz Howard Huff Kirsh Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Marchbanks Mason McAbee McCraw McKay Meacham Phillips Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stille Stoddard Stuart Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilder Wilkins Wofford Wright Young, A.
Those who voted in the negative are:
Anderson Askins Baxley Breeland Brown, G. Brown, J. Byrd Carnell Cave Delleney Fleming Gamble Harris, P. Harwell Hines Hutson Inabinett Jennings Keegan Kelley Keyserling Kinon Lanford Lloyd Martin McElveen McMahand McTeer Moody-Lawrence Neal Richardson Rogers Scott Sheheen Spearman Thomas Tucker Whipper, L. Whipper, S. White Wilkes Williams Worley Young, J.
So, the amendment was tabled.
Rep. THOMAS proposed the following Amendment No. 5A (Doc Name L:\council\legis\amend\JIC\5481AC.95), which was tabled.
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 south 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. Subject to review as other enterprise zones created by this act./
Rep. THOMAS explained 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:
Bailey Boan Brown, H. Cain Cato Clyburn Cotty Dantzler Davenport Easterday Elliott Fair Felder Fulmer Hallman Harrell Harris, J. Harris, P. Harrison Harwell Haskins Herdklotz Huff Hutson Jennings Kinon Kirsh Klauber Koon Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw McKay Meacham Phillips Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, R. Stille Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilder Wilkins Wofford Young, A.
Those who voted in the negative are:
Anderson Askins Baxley Breeland Brown, J. Byrd Carnell Cave Chamblee Cooper Cromer Delleney Fleming Gamble Hines Howard Inabinett Keegan Kelley Keyserling Knotts Lanford Lloyd Martin McElveen McMahand McTeer Moody-Lawrence Neal Neilson Richardson Rogers Scott Sheheen Spearman Stoddard Thomas Tucker Whipper, L. Whipper, S. Wilkes Williams Worley Wright Young, J.
So, the amendment was tabled.
Rep. THOMAS proposed the following Amendment No. 3A, which was tabled.
Amend the bill, as and if amended, Section 12-10-40, as contained in Section 1 of the bill by inserting on page 3534-3, line 14:
/Notwithstanding any other provision of this section or chapter, the area in Georgetown County located south of the Waccamaw River and south of Highway 521 to the abutting county lines. Subject to review as any other enterprise zones created by this act./
Rep. THOMAS explained the amendment.
Rep. HASKINS raised the Point of Order that Amendment No. 3-A was out of order as it was the same as Amendment No. 5-A, which had already been proposed and defeated.
Rep. THOMAS argued contra the Point in stating that it was not exactly the same.
The SPEAKER overruled the Point of Order.
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 Boan Brown, H. Cain Cato Cotty Cromer Dantzler Davenport Easterday Elliott Fair Felder Fulmer Hallman Harrell Harris, J. Harris, P. Harrison Harwell Haskins Herdklotz Huff Hutson Kennedy Kinon Kirsh Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw McKay Meacham Quinn Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stille Stuart Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilder Wilkins Wofford Wright Young, A.
Those who voted in the negative are:
Anderson Askins Baxley Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cave Delleney Fleming Gamble Hines Howard Inabinett Jennings Keegan Kelley Keyserling Lanford Lloyd Martin McElveen McMahand McTeer Moody-Lawrence Neilson Phillips Rhoad Richardson Rogers Scott Sheheen Shissias Stoddard Thomas Tucker Whipper, L. Whipper, S. White Wilkes Williams Worley Young, J.
So, the amendment was tabled.
Rep. HARRELL explained the Senate amendments.
The SPEAKER granted Rep. JENNINGS a leave of absence for the remainder of the day.
The question then recurred to the motion to concur or non-concur.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The motion period was dispensed with on motion of Rep. HASKINS.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 30, immediate cloture having been ordered.
H. 3651 -- Rep. H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-330 SO AS TO ESTABLISH THE STATE PROPERTY TAX CREDIT FUND AND REQUIRE ANNUAL APPROPRIATIONS TO THE FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-251 SO AS TO ALLOW A HOMESTEAD EXEMPTION FROM PROPERTY TAXES OTHER THAN THOSE LEVIED FOR BONDED INDEBTEDNESS EQUAL TO TWENTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS OF FAIR MARKET VALUE ESCALATING, DEPENDING ON REVENUES IN THE STATE PROPERTY TAX CREDIT FUND TO A COMPLETE EXEMPTION FROM ALL TAXES EXCEPT THOSE LEVIED FOR BONDED INDEBTEDNESS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-217 SO AS TO REQUIRE TRIENNIAL REASSESSMENT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-75, AND 59-73-35 SO AS TO IMPOSE SPENDING LIMITS ON COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE DISTRICTS AND IMPOSE AN AD VALOREM TAX REVENUE LIMITATION ON SCHOOL DISTRICTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-350 SO AS TO PROVIDE A STANDARDIZED TAX BILL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-60 SO AS TO PROVIDE FOR NOTICE REQUIREMENTS FOR LOCAL GOVERNMENT BUDGETING.
Debate was resumed on Amendment No. 30, which was proposed on Wednesday, March 22, by Reps. CROMER, SHISSIAS and STUART.
Rep. WILKINS explained the amendment and 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 Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Delleney Easterday Fair Felder Fleming Fulmer Hallman Harrell Harris, J. Harris, P. Harrison Harwell Haskins Herdklotz Huff Keegan Kelley Kinon Kirsh Klauber Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McKay Meacham Quinn Rice Richardson Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stille Tripp Trotter Vaughn Walker Wells Whatley Wilder Wilkins Witherspoon Wofford Worley Young, A. Young, J.
Those who voted in the negative are:
Askins Bailey Baxley Beatty Boan Breeland Brown, G. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Elliott Gamble Govan Hines Hodges Howard Inabinett Kennedy Keyserling Knotts Koon Lloyd Martin McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Riser Rogers Scott Sheheen Shissias Spearman Stoddard Stuart Thomas Tucker Whipper, L. Whipper, S. White Wilkes Williams Wright
So, the amendment was tabled.
Rep. DAVENPORT proposed the following Amendment No. 39 (Doc Name L:\council\legis\amend\PT\1856DW.95), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, SECTION 2, Page 3651-2, Line 9, by striking /12-43-220(c)/ and inserting /12-43-220/.
Amend title to conform.
Rep. DAVENPORT moved to table the amendment, which was agreed to.
Rep. WRIGHT proposed the following Amendment No. 42 (Doc Name L:\council\legis\amend\DKA\3835HTC.95), which was tabled.
Amend the report, as and if amended, Section 11-11-330, as contained in SECTION 1, page 3651-2, by inserting an appropriately lettered subsection immediately after line 5 to read:
/( ) Effective beginning with appropriations for the fiscal year beginning in the first property tax year after the tax exemption allowed pursuant to Section 12-37-251 is fully implemented, and notwithstanding the provisions of Section 11-11-140, the General Assembly annually shall appropriate an amount not less than one-half of estimated recurring general fund revenue growth to a special fund set aside to provide a property tax exemption from operating millages for all taxable property other than property assessed pursuant to Section 12-43-220(c). The exemption shall apply in the manner that the General Assembly shall provide by law and it is the intention of the General Assembly annually and cumulatively to provide funds sufficient to phase in a one hundred percent operating millage exemption for such property./
Amend further by striking SECTIONS 4 through 9 and inserting:
/SECTION 4. A. Section 12-37-220(B) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) an amount of the fair market value of real property, not including agricultural real property, equal to increases in such value resulting from countywide reassessment programs occurring after the current owner acquired the property. This exemption does not extend to increases in fair market value attributable to permanent improvements, unless such improvements merely restore the status quo ante of a structure damaged or destroyed by mishap or natural disaster. When ownership of real property benefiting from this exemption changes, the fair market value of the property escalates to its then current fair market value. For purposes of this exemption, the acquisition of residential property assessed pursuant to Section 12-43-220(c) by interspousal gift or by a surviving spouse by devise or operation of law is not considered a change of ownership."
B. This section is effective for increases in fair market value occurring as a result of reassessment programs occurring after 1994.
SECTION 5. A. Article 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-60. The governing body of a county, municipality, special purpose or public service district, and the governing body authorized by law to levy school taxes may not increase the millage rate it imposes for a tax year over the millage rate it imposed for the prior tax year by more than the percentage increase in the consumer price index in the most recently completed calendar year, without 3/5 vote of the governing body. Any additional increase requires 2/3 vote of governing body."
B. This section applies for property tax years beginning after 1995./
Renumber sections to conform.
Amend title to conform.
Rep. WRIGHT explained the amendment and moved to table the amendment, which was agreed to.
Rep. ROGERS proposed the following Amendment No. 44 (Doc Name L:\council\legis\amend\PT\1859DW.95), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, Page 3651-4, SECTION 4, by inserting immediately after Line 21:
/(D) Notwithstanding any provision of law to the contrary, after an action is taken by the governing body which is provided for in this section, the provisions of Article 13, Chapter 9, Title 4, may be utilized to initiate a petition amending or rejecting an ordinance adopted by the governing body./
Amend the Report further, as and if amended, Page 3651-5, SECTION 5, by inserting immediately after Line 8:
/(D) Notwithstanding any provision of law to the contrary, after an action is taken by the governing body which is provided for in this section, the provisions of Article 13, Chapter 9, Title 4, may be utilized to initiate a petition amending or rejecting an ordinance adopted by the governing body./
Amend title to conform.
Rep. ROGERS explained the amendment and moved to table the amendment, which was agreed to.
Rep. ROGERS proposed the following Amendment No. 45 (Doc Name L:\council\legis\amend\PT\1855DW.95), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, in Section 4-9-142 of the 1976 Code as contained in SECTION 4; in Section 5-21-70 as contained in SECTION 5; and in Section 6-1-60 as contained in SECTION 6 by adding a new item (4) immediately following item (3) in subsection (A) of each of these sections to read:
/(4) to raise the revenue necessary to comply with state legislative and administrative mandates as defined in Section 4-9-55./
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROGERS moved to table the amendment, which was agreed to.
Reps. LANFORD, G. BROWN, ELLIOTT, FELDER and STUART proposed the following Amendment No. 24, which was tabled.
Amend the bill, as and if amended, by adding the following items to be an appropriately numbered section to read:
Section ____. A. Section 4-9-55(c) of the 1976 Code is amended to read:
"The provisions of this section do not apply to:
(1) laws enacted to require funding of pension benefits existing on the effective date of this section;
(2) laws relating to the Judicial Department;
(3) criminal laws;
(4) election laws;
(5) the general appropriation act;
(6)(2) the Department of Education;
(7) special appropriations acts;
(8)(3) laws reauthorizing but not expanding then-existing statutory authority;
(9)(4) laws having a fiscal impact of less than ten cents per capita on a statewide basis; laws creating, modifying, or repealing noncriminal infractions."
B. Section 4-9-55 of the 1976 Code is further amended by adding an appropriately numbered item to read as follows:
"( ) As used in this chapter, the term `unfunded mandate' means: (1) a requirement imposed upon a county by the state or federal government which require a county to provide certain services, or take certain actions without providing full funding to pay for the services or actions required;
(2) limitations imposed by the state or federal government upon a county's authority to generate own-source revenue to pay for services provided by the county;
(3) exemptions granted by the state or federal government which reduce the county's tax base; or
(4) reductions in funds provided by the state or federal government to a county."
Renumber sections & amend title to conform.
Rep. LANFORD explained the amendment and moved to table the amendment, which was agreed to.
Rep. SIMRILL moved to reconsider the vote whereby Amendment No. 23 was adopted.
Rep. FELDER moved to table the motion to reconsider and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Baxley Beatty Boan Breeland Brown, G. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cotty Cromer Delleney Elliott Felder Fleming Gamble Govan Harris, J. Harris, P. Hines Howard Inabinett Keegan Kennedy Keyserling Lanford Lloyd Martin McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Scott Sheheen Shissias Spearman Stille Thomas Townsend Tucker Whipper, L. Whipper, S. White Wilder Wilkes
Those who voted in the negative are:
Allison Brown, H. Cain Cato Chamblee Dantzler Davenport Easterday Fair Fulmer Hallman Harrell Harrison Harwell Haskins Herdklotz Huff Hutson Kelley Kirsh Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Marchbanks Mason McKay Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stuart Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider.
Rep. FELDER 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 Easterday Fair Fulmer Hallman Harrell Harrison Harwell Haskins Herdklotz Huff Hutson Kelley Kinon Kirsh Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Marchbanks Mason McKay Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stuart Tripp Trotter Vaughn Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Askins Baxley Beatty Boan Breeland Brown, G. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Delleney Elliott Felder Fleming Gamble Govan Harris, J. Harris, P. Hines Hodges Howard Inabinett Keegan Kennedy Keyserling Lanford Lloyd Martin McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Scott Sheheen Shissias Spearman Stille Thomas Townsend Tucker Waldrop Whipper, L. Whipper, S. White Wilder Wilkes
So, the motion to reconsider was agreed to.
Reps. FELDER and LANFORD spoke in favor of the amendment.
Reps. VAUGHN, HARRELL and H. BROWN spoke against the amendment.
Rep. HASKINS moved to table the amendment.
Rep. FELDER 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 Fair Fulmer Hallman Harrell Harrison Harwell Haskins Herdklotz Huff Hutson Keegan Kelley Kinon Kirsh Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Marchbanks Mason McKay Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stuart Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Askins Bailey Baxley Beatty Boan Breeland Brown, G. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Delleney Elliott Felder Fleming Gamble Govan Harris, J. Harris, P. Hines Hodges Howard Inabinett Kennedy Keyserling Lanford Lloyd Martin McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Scott Sheheen Shissias Spearman Stille Stoddard Thomas Townsend Tucker Whipper, L. Whipper, S. White Wilder Wilkes
So, the amendment was tabled.
Rep. HARRELL moved to reconsider the vote whereby Amendment No. 12 was tabled.
Rep. MOODY-LAWRENCE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Brown, H. Brown, T. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Elliott Fair Felder Fleming Fulmer Gamble Hallman Harrell Harris, P. Harrison Harwell Haskins Herdklotz Huff Hutson Keegan Kelley Keyserling Kinon Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw McKay Meacham Moody-Lawrence Neilson Phillips Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Bailey Baxley Beatty Boan Breeland Brown, G. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Delleney Govan Harris, J. Hines Hodges Howard Inabinett Kennedy Kirsh Klauber Lloyd Martin McAbee McElveen McMahand McTeer Neal Rhoad Rogers Scott Sheheen Spearman Stille Stoddard Stuart Tucker Whipper, L. Whipper, S. White Wilder Wilkes
So, the motion to reconsider was agreed to.
Reps. HASKINS and MEACHAM spoke in favor of the amendment.
Reps. SHEHEEN and WILKES spoke against the amendment.
Rep. HASKINS spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Cain Chamblee Cooper Cotty Dantzler Davenport Easterday Elliott Fair Fleming Fulmer Hallman Harrell Harrison Harwell Haskins Huff Hutson Kelley Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason Meacham Quinn Rhoad Richardson Riser Robinson Sandifer Seithel Shissias Smith, D. Tripp Trotter Waldrop 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, T. Byrd Canty Carnell Cato Cave Clyburn Cobb-Hunter Cromer Delleney Felder Gamble Govan Harris, J. Herdklotz Hines Hodges Howard Inabinett Keegan Kennedy Keyserling Kinon Kirsh Klauber Lloyd Martin McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rice Rogers Scott Sheheen Simrill Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tucker Vaughn Whipper, L. Whipper, S. White Wilder Wilkes Worley
So, the amendment was rejected.
Rep. SIMRILL moved to reconsider the vote whereby Amendment No. 17 was adopted.
Rep. LANFORD spoke in favor of the motion to reconsider.
Rep. KIRSH spoke against the motion to reconsider.
Rep. KIRSH moved to table the motion to reconsider and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Bailey Baxley Boan Breeland Brown, G. Brown, T. Byrd Canty Carnell Cave Chamblee Clyburn Cobb-Hunter Dantzler Delleney Elliott Felder Gamble Govan Harris, J. Hodges Howard Inabinett Kelley Kennedy Keyserling Kirsh Klauber Law Limbaugh Littlejohn Lloyd McCraw McElveen McMahand McTeer Moody-Lawrence Neal Phillips Rhoad Richardson Robinson Rogers Scott Sharpe Sheheen Spearman Stille Stoddard Stuart Waldrop Walker Wells Whipper, L. Whipper, S. White Wilder Wilkes Wofford Young, A.
Those who voted in the negative are:
Askins Brown, H. Cain Cato Cooper Cotty Davenport Easterday Fair Fleming Fulmer Hallman Harrell Harris, P. Harrison Harwell Haskins Herdklotz Hines Huff Hutson Keegan Kinon Knotts Koon Lanford Limehouse Marchbanks Martin Mason McKay Meacham Neilson Quinn Rice Riser Sandifer Seithel Shissias Simrill Smith, D. Smith, R. Thomas Tripp Trotter Tucker Vaughn Whatley Wilkins Worley Wright Young, J.
So, the motion to reconsider was tabled.
Reps. HODGES and RICHARDSON spoke in favor of the Bill.
Rep. KEYSERLING spoke against the Bill.
Reps. CANTY, G. BROWN, CAVE, COBB-HUNTER, McELVEEN and SCOTT spoke against the Bill.
Reps. WRIGHT, MARTIN, KIRSH, WILKINS and KENNEDY spoke in favor of the Bill.
The question then recurred to the passage of the Bill on second reading.
Pursuant to the provisions required by South Carolina Code of Laws, Sec. 4-9-55(B), the yeas and nays were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Beatty Boan Brown, G. Brown, H. Brown, J. Brown, T. Cain Cato Chamblee Clyburn Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Fair Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harwell Haskins Herdklotz Hines Hodges Huff Hutson Inabinett Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Martin Mason McAbee McCraw McKay McTeer Meacham Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Rogers Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Breeland Canty Carnell Cave Cobb-Hunter Howard Keyserling Lloyd McElveen Moody-Lawrence Neal Scott Whipper, S. White
So, having received the necessary vote of two-thirds of the membership present and voting, the Bill was read the second time and ordered to third reading.
Rep. FELDER inquired about a fiscal impact statement prior to third reading in compliance with Section 2-7-76 which states that a revised estimated fiscal impact and cost statement must be prepared at the direction of the presiding officer of the House of Representatives or the Senate by the Budget Division prior to third reading of the bill or resolution, if there is a significant amendment to the bill or resolution.
The SPEAKER stated that he would comply in accordance with Section 2-7-76.
H. 3651 has many provisions that I agree with and several provisions that I don't agree with. Specifically not giving the public the right to vote for property tax relief by voting to raise the sales tax in S.C. and the Bill does nothing to stop mandates to local governments without providing the funding mechanism. My only reason for voting for the Bill is to allow some form of property tax relief.
Rep. GRADY A. BROWN
I voted against H. 3651 because it was a direct attack on Home Rule and would tie the hands of City and County Councils. They, as elected officials, should have the ability to control their budgets so they can respond to the needs of the people that they represent.
The Legislature should focus on state government and quit trying to micromanage local governments. We have approved Property Tax Relief in the State Budget Bill, one which doubles the $20,000 Homestead Exemption for those over age 65 and gives every other homeowner a $20,000 exemption which would amount to about $190 per year.
Rep. MARION P. CARNELL
H. 3651, to some small extent, is a continuation of the House's progressive efforts last year to provide South Carolinians' with residential property tax relief. I supported property tax relief last year and still believe that property taxpayers want and deserve relief from an excessive tax burden. However, I cannot vote for passage of H. 3651. This Bill violates the principles of Home Rule and compromises the integrity of the Education Improvement Act. I strongly believe that local governing entities should have the flexibility and authority to govern. The tax rate caps as outlined in this Bill and the House's failure to deal with unfunded mandates inhibit local governments' ability to effectively address the needs and concerns of their citizens. Secondly, this Bill provides tax relief at the expense of both public and higher education. Education, not property tax relief, should be the State's number one priority. Those who want to reduce the size of government and provide property tax relief by cutting education are, in my opinion, misguided and short-sighted about what is in the best interest of this State.
Rep. GILDA COBB-HUNTER
I concur with Rep. HODGES. Further, I would add that while it is impractical, if not impossible, to vote against this Bill given everyone's commitment to reduce property taxes, the people need to know how this Bill proposes to reduce property taxes. As Rep. HODGES says: on the backs of school children and working families. I would add, we have endorsed a very irresponsible and liberal precedent of dipping into our set asides and savings to fund the issues of the day. Not to disclose this fact would be hypocritical for anyone who considers themselves to be a fiscal conservative.
Rep. JAMES L.M. CROMER, JR.
Although I have always been a huge supporter of eliminating unfunded mandates, I voted in opposition of Amendment No. 23 to Bill H. 3651 because of its broad nature and lack of definition of what an unfunded mandate is. The Bill in its unamended form calls for a study commission to define for those impacted by mandates from the state exactly what unfunded mandates are. My belief is without a clear definition of unfunded mandates, localities could possibly call virtually anything an unfunded mandate. When the study commission completes its work we can immediately eliminate all unfunded mandates to the local level with a clear understanding of all parties involved.
Rep. MICHAEL E. EASTERDAY
I voted against Amendment No. 23 on H. 3651 because it was overly broad. I am opposed to unfunded mandates.
Rep. MICHAEL L. FAIR
I voted for H. 3651, although I have grave reservations about it. My hope is the Senate will take the appropriate action to protect education and local government. This Bill disproportionately benefits wealthier homeowners at the expense of less wealthy homeowners, and fails to provide a reasonable funding mechanism. My vote is simply to keep the issue alive. Property tax relief cannot be provided on the backs of school children and working families.
Rep. JAMES H. HODGES
Mr Speaker, Members of the House.
Having promised the people in Beaufort relief from excessive property taxes, I regret I cannot support H-3651.
Before I proceed, I want to first express thanks to the members of the House Ways and Means Committee and especially to Chairman Henry Brown. They have worked long and hard to provide property tax relief. It is also in order to recognize Governor Beasley for his leadership in keeping property tax relief to the fore.
After talking with colleagues and constituents over the past several weeks, I believe this measure asks the people of South Carolina to pay too much for what remains uncertain "relief."
We ask them to withstand cuts in education funding, despite our commitments otherwise, when it is critical we expand efforts to provide the best possible education opportunities for our young people; by spending budgeted set-asides, mandated by Carnell-Felder, we ask the citizens to jeopardize the recovery of our state's hard earned premier bond rating thereby increasing the cost when the state borrows money to finance South Carolina's growth for the future;
by pledging one-half of future growth to fund property tax reform, we ask them to invest half of the future growth in state revenue to pay today's bills;
by placing spending caps on local government (including schools) we ask the people to tie the hands of those they elect to serve them in local government, that government closest to, and most trusted by, the people to respond to their daily needs; and finally,
we ask the people to make these sacrifices without giving them any certainty of actual property tax savings.
Instead of certain and specific property tax reform, H-3651 provides, at best, modest relief and a "promise" for more. (It is only appropriate to tell those who don't know that this General Assembly has broken previous "tax promises," specifically those which assured the citizens that every penny of sales tax go to the public schools. The General Assembly has broken this promise and, accordingly, demonstrated it cannot be trusted with promises passed off from one legislative generation to the next.)
Mr Speaker, our debate on property tax reform over the past two years has been based on invalid assumptions: that the escalation of property taxes is related to funding our public schools; and that property tax reform requires a statewide approach rather than a local solution.
Let me explain:
(1) The idea of tying property tax reform to funding local school districts was invented last year as a political ploy when we proposed property tax reform in the Boan Bill. (We thought,we will achieve property tax reform because "no one could have the nerve to put at risk secure funding for our schools.")
Yes, the General Assembly is constitutionally mandated to support public schools. We must honor that commitment by fully applying each of the five cents we collect in sales tax to fund schools.
(2) Contrary to underlying assumptions in H-3651, the rise in property tax is a local problem better resolved at the local level . . . if we untie the hands of local governments and stop denying them a means for raising revenue as required to address the problem.
If we disregard these false assumptions, and if we analyze the reasons for the dramatic rise in property taxes, we see that taxes have risen to finance the urbanization, or suburbanization if you will, of our historically rural state and the expense associated with implementing unfunded state and local mandates.
People living in the suburbs, today, demand services which, in the past, were provided only to those who lived in town.
It used to be that when you chose to live in the country you expected: to live in a house accessible only by a dirt road; to draw your drinking water from a private well; to dump your sewage into a septic tank; to fight a fire with water from your well and tools from your storage shed with help from your neighbors; to have your family and neighbors chase away those who may threaten your personal property and/or your family's safety; to have a doctor come to your home when you were sick, have a friend take you to the hospital or to hire a private ambulance.
Today, most South Carolinians expect municipal and county government to: pave and maintain drainage of the road to their home; provide water and then remove their sewage; have public safety agencies, including fire, police and emergency medical technicians, respond within minutes to their public safety needs.
Given citizen demand for these local services, it is no surprise that property taxes, currently the only revenue source to pay for these services, are rising.
If the citizens think property tax is too high, then the local government must be prepared to cut services or employ alternative sources for generating the revenue necessary to fund those services. This is where the General Assembly can, and should in fact, be involved in property tax reform. We should untie the hands of local government and provide them with the option of alternative sources of revenue: county-wide sales tax; county-wide special purpose sales tax; county-wide income tax; various other fees employed by local government in other states as an alternative to property tax. Let local people decide what is best for local needs. Keep state government in Columbia out of the business of cities, towns and counties. It is time for genuine home rule, not control from Columbia.
We must also curb mandating local programs for local government for which we are not prepared to pay with state funds.
Am I just complaining . . . or do I have an alternative to H-3651? I have an alternative plan for ensuring property tax reform. Unfortunately, however, I was not able to offer it today since it would be ruled out of order because, as a replacement to the measure before us, it doesn't meet the test of germaneness.
Briefly, my four point plan for property tax reform follows.
(1) Demonstrate the State's commitment to tax reform for every South Carolinian. Initiate a referendum through which the voters may choose whether or not to phase out the sales tax on food and replace the "lost revenues" by applying up to 25% of future annual revenues resulting from growth over a period of up to four years. The current sales tax on food impacts every South Carolinian. Accordingly, phasing out this tax sends a clear message and provides tax savings for all.
(2) Recommit the General Assembly to restrict funds generated from state sales tax to the public schools. When our predecessors first established the state sales tax in the early 1950's, they promised the people the funds would go to our schools. When they increased that tax from three percent to four percent in the 1970's they further pledged the additional penny would go to the public schools. And again in the 1980's when they added the fifth penny through the Education Improvement Act, we again pledged the penny to the public schools. As recently as two weeks ago, we took the money and ran. We violated our commitment, shifted funds from account to account to create the proposed property tax reform to fund so called property tax relief.
(3) Untie the hands of local government so that they, with and only with agreement from the people, may establish alternative sources of revenue to pay for local services. To do this, the General Assembly should initiate a county referenda process through which the people may endorse or reject alternatives to property tax to fund local government services. If one follows recommendations from The Advisory Commission on Inter-Governmental Relations, such alternatives would include, but not necessarily be limited to: a county-wide sales tax; a county-wide special purpose sales tax; a county-wide income tax; a county-wide employment tax.
(4) Commit the General Assembly to end mandates on local government for which we are not prepared to provide funding.
I recognize this is a different approach from H-3651. It is based on reason, not on quick fix politics as usual which more often than not ensures good headlines though achieves little headway toward remedying a problem. It is an approach based on common sense.
I need not tell my colleagues how difficult and, needless to say, politically risky it is to vote against so called "property tax reform." At the same time, it is wrong to promise the people something we cannot deliver. Because I am not convinced that H-3651 ensures the comprehensive property tax reform the people back home are expecting, I am taking the risk of opposing this legislation.
Mr. Speaker, thank you and the members of the House for the opportunity to make this statement.
Rep. WILLIAM D. KEYSERLING
I voted against H. 3651. The remarks Rep. KEYSERLING placed in the Journal express my general reservations about the Bill. I believe that the people of our State would be better served by a plan similar to that proposed by the Ad Hoc Tax Reform Committee chaired by Rep. BOAN and Senator Leatherman. I believe the House can do much better than this.
Rep. JOSEPH T. McELVEEN, JR.
I want the Journal to reflect that I voted for this Bill because of my strong desire to reduce property tax for all South Carolina citizens. However, I voted so with great reluctance.
This Bill gives property tax relief at the expense of Higher and Public Education. I know of no greater need in our State than education and believe that education is the solution for almost every problem our people experience. The Bill is neither fiscally conservative nor responsible.
Rep. JUNE S. SHISSIAS
I voted for H. 3651 (Property Tax Relief) because I favor property tax relief but disagree with the following:
1) Caps on local government spending.
2) Has no provision to stop unfunded mandates from passing through state government to local governments.
3) Spends $54 million of the Carnell Felder Reserve Fund.
I supported unsuccessful efforts to eliminate the above items by attempting amendments to the Bill.
Rep. TIMOTHY C. WILKES
Rep. SIMRILL moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3823 -- Rep. Stuart: A CONCURRENT RESOLUTION TO RECOGNIZE THE HORSENECK COMMUNITY IN LEXINGTON COUNTY ON SUNDAY, MARCH 19, 1995, UPON THE OCCASION OF ITS DEDICATION AND OPEN HOUSE OF THE HORSENECK COMMUNITY CENTER AND TO COMMEND THE MANY CITIZENS AND GROUPS THAT JOINED TOGETHER TO MAKE THIS PROJECT A REALITY.
H. 3831 -- Reps. J. Brown, Scott, Neal, Shissias, Cromer, Harrison, Rogers, Cotty, Byrd, Howard and Quinn: A CONCURRENT RESOLUTION CONGRATULATING THE EAU CLAIRE SHAMROCKS BOYS BASKETBALL TEAM OF RICHLAND COUNTY ON WINNING THE 1995 STATE CLASS AAA BASKETBALL CHAMPIONSHIP.
H. 3832 -- Rep. McMahand: A CONCURRENT RESOLUTION CONGRATULATING AND COMMENDING ATTALA THERESE YOUNG OF PIEDMONT ON HER OUTSTANDING ACCOMPLISHMENTS AS A STUDENT-ATHLETE AT ERSKINE COLLEGE.
At 2:05 P.M. the House in accordance with the motion of Rep. HINES adjourned in memory of John Pauley of Lamar, to meet at 10:00 A.M. tomorrow.
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