Indicates Matter Stricken
Indicates New Matter
The House assembled at 9:30 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
God of all generations, may we feel Your nearness amid the uncertainties of this day. Spare us from despair, defeatism, frustrations, anything less than the best. Accomplish through us Your divine purposes, however frail our efforts. Cause us to feel at all times the upward tug of divine inspired hope. When we cannot see clearly the road ahead, light up the pathway enough that we may take one step at a time. When our human strength falters, give us Your strength sufficient for our needs.
So speak clearly to us in the words of the Psalmist: "Wait on the Lord; be of good courage, and I will strengthen your heart." (Psalm 27:14a)
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. BREELAND moved that when the House adjourns, it adjourn in memory of Birdie Garrett of Charleston, which was agreed to.
On motion of Rep. J. HARRIS, with unanimous consent, the following was taken up for immediate consideration.
H. 4690 -- Rep. J. Harris: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA ARTS COMMISSION TO USE THE CHAMBER OF THE HOUSE OF REPRESENTATIVES ON TUESDAY, MAY 7, 1996, FOR THE PRESENTATION OF THE ANNUAL ELIZABETH O'NEILL VERNER AWARDS.
Be it resolved by the House of Representatives:
That the South Carolina Arts Commission is authorized to use the Chamber of the House of Representatives on Tuesday, May 7, 1996, from 5:30 p.m. to 7:00 p.m. for the presentation of the commission's annual Elizabeth O'Neill Verner Awards.
Be it further resolved that the State House security forces provide such assistance and access as is necessary for the awards ceremony in accordance with previous procedures.
Be it further resolved that the South Carolina Arts Commission agrees in writing to reimburse General Services for any expenses incurred that are beyond the normal operational expenses of maintaining the House Chamber on that date and time.
Be it further resolved that authorization for use of the House Chamber is subject to cancellation should the House be in regular session on Tuesday, May 7, 1996, beyond the hour of 5:30 p.m.
The Resolution was adopted.
The following was introduced:
H. 4691 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF WALTER SHERARD MCADAMS OF ANDERSON AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. QUINN, with unanimous consent, the following was taken up for immediate consideration.
S. 1193 -- Senator Jackson: A CONCURRENT RESOLUTION TO URGE THE AMERICAN BAR ASSOCIATION TO GIVE ITS FAVORABLE CONSIDERATION FOR THE THURGOOD MARSHALL AWARD TO ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED CITIZENS, JUDGE MATTHEW J. PERRY.
Whereas, Judge Matthew J. Perry was born in Columbia, South Carolina and is a graduate of Booker T. Washington High School, South Carolina State College, and the School of Law, South Carolina State College; and
Whereas, Judge Perry married the former Ms. Hallie Bacote of Timmonsville and honorably served his country in the United States Army from 1942 to 1946; and
Whereas, Judge Perry has been the recipient of countless honorary degrees, awards and recognition, including the Order of the Palmetto, the highest honor which may be conferred on an individual citizen in the state of South Carolina by the Governor, and South Carolinian of the Year, by the WIS television station; and
Whereas, Judge Perry has established a distinguished legal career devoted to the cause of civil rights dating back to the 1950's and the 1960's; and
Whereas, Judge Perry served for several years on the Board of Directors of the National Association for the Advancement of Colored People (NAACP) and as counsel and chairman of the Legal Committee of the Board of the South Carolina Conference of Branches of the NAACP; and
Whereas, Judge Perry received the William R. Ming Advocacy Award, recognizing him for outstanding skills and successes as a lawyer representing causes espoused by the NAACP; and
Whereas, the many cases argued and won by Judge Perry relating to civil rights have provided equal opportunities and obtained justice for individuals that otherwise may not have been realized; and
Whereas, cases argued by Judge Perry resulted in the admission of the first African-Americans to Clemson University and the University of South Carolina, and the desegregation of numerous elementary and secondary schools throughout the state of South Carolina; and
Whereas, other cases argued by Judge Perry resulted in the desegregation of public parks, beaches and other recreational areas that had been segregated pursuant to statute, and the reapportionment of the South Carolina House of Representatives which resulted in the election of the first African-American representatives this century; and
Whereas, in 1975, Judge Perry was nominated by President Gerald Ford and unanimously confirmed by the United States Senate as a Judge of the United States Court of Military Appeals; and
Whereas, in 1979, Judge Perry was nominated by President Jimmy Carter and unanimously confirmed by the United States Senate as a United States District Judge for the District of South Carolina; and
Whereas, the Thurgood Marshall Award is intended to recognize members of the legal profession who have made significant long term contributions to the advancement of civil rights, civil liberties, and human rights in the United States; and
Whereas, Judge Perry possesses the requisite virtues and characteristics required for the nominees of this distinguished award, including a tireless dedication to the cause of civil rights. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina urges the American Bar Association to give its favorable consideration for the Thurgood Marshall Award to one of South Carolina's most distinguished citizens, Judge Matthew J. Perry.
Be it further resolved that a copy of this resolution be forwarded to Judge Perry.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4692 -- Rep. Keegan: A BILL TO AMEND SECTION 39-20-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF A LIEN WITHOUT JUDICIAL INTERVENTION CONCERNING SELF-STORAGE FACILITIES, SO AS TO DELETE THE REQUIREMENT THAT THE OWNER NOTIFY OTHER PARTIES WITH SUPERIOR LIENS, DELETE THE REQUIREMENT THAT THE OWNER MAKE A DETAILED INVENTORY OF THE PERSONAL PROPERTY SUBJECT TO THE LIEN, ALLOW THE OWNER TO DISPOSE OF THE PROPERTY AT PUBLIC SALE AFTER FIFTEEN RATHER THAN FOURTEEN DAYS FROM THE DELIVERY OF A CERTIFIED LETTER, AND DELETE THE REQUIREMENT THAT THE OWNER ADVERTISE IN A NEWSPAPER OF GENERAL CIRCULATION WHERE THE SELF-STORAGE FACILITY IS LOCATED OF THE SALE TO THE HIGHEST BIDDER OF THE PROPERTY SUBJECT TO THE LIEN.
Referred to Committee on Judiciary.
H. 4693 -- Reps. Phillips and McCraw: A JOINT RESOLUTION TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO ERECT TRAFFIC SIGNALS ON SOUTH CAROLINA HIGHWAY 198 AT EXIT 102 ON INTERSTATE HIGHWAY 85.
On motion of Rep. PHILLIPS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4694 -- Reps. Harrison, Wofford, Stuart, Hodges, Neal, Cave, Govan, Baxley, Knotts, Meacham, Bailey, Delleney, Shissias, Klauber, Simrill, Thomas, Clyburn, Wright, Fulmer, Jennings, Martin, J. Harris, Kinon, J. Young, Boan, Limbaugh, McCraw, Young-Brickell, T. Brown, Scott, Tucker, White, D. Smith and Phillips: A BILL TO AMEND SECTION 58-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TELEPHONE COMPANIES AND DEFINITIONS, SO AS TO ADD PROVISIONS DEFINING "BASIC LOCAL EXCHANGE TELEPHONE SERVICE", "CARRIER OF LAST RESORT", "INCUMBENT LOCAL EXCHANGE CARRIER" OR "INCUMBENT LEC", "LOCAL EXCHANGE CARRIER" OR "LEC", "NEW ENTRANT LOCAL EXCHANGE CARRIER" OR "NEW ENTRANT LEC", "SMALL LOCAL EXCHANGE CARRIER" OR "SMALL LEC", "TELECOMMUNICATIONS SERVICES", AND "UNIVERSAL SERVICE"; TO AMEND SECTION 58-9-280, RELATING TO TELEPHONE COMPANIES AND THE REQUIREMENT THAT A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY MUST BE OBTAINED BEFORE CONSTRUCTION, OPERATION, OR EXTENSION OF A PLANT OR SYSTEM, SO AS TO ADD PROVISIONS WHICH PROVIDE, AMONG OTHER THINGS, THAT AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, THE PUBLIC SERVICE COMMISSION MAY GRANT A CERTIFICATE TO OPERATE AS A TELEPHONE UTILITY TO APPLICANTS PROPOSING TO FURNISH LOCAL TELEPHONE SERVICE IN THE SERVICE TERRITORY OF AN "INCUMBENT LEC", SUBJECT TO CERTAIN CONDITIONS AND EXEMPTIONS, AND TO PROVIDE FOR RELATED MATTERS; TO AMEND THE 1976 CODE BY ADDING SECTION 58-9-576 SO AS TO PROVIDE THAT AN "INCUMBENT LEC" MAY ELECT TO HAVE RATES, TERMS, AND CONDITIONS PURSUANT TO THE PLAN DESCRIBED IN THIS SECTION, AND TO PROVIDE FOR RELATED MATTERS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 58-9-577 SO AS TO PROVIDE THAT, NOTWITHSTANDING SECTIONS 58-9-575 AND 58-9-576, A "SMALL LEC" MAY ELECT TO HAVE THE RATES, TERMS, AND CONDITIONS OF ITS SERVICES DETERMINED PURSUANT TO ALTERNATIVE FORMS OF REGULATION, WHICH MAY DIFFER AMONG COMPANIES AND MAY INCLUDE, BUT NOT BE LIMITED TO, PRICE REGULATION, RATHER THAN RATE OF RETURN OR OTHER FORMS OF EARNING REGULATION, AND TO PROVIDE FOR RELATED MATTERS.
Referred to Committee on Labor, Commerce and Industry.
S. 506 -- Senator Saleeby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-415 SO AS TO PROVIDE THAT UPON GIVING THE WORKERS' COMPENSATION COMMISSION DOCUMENTATION THAT A SUBCONTRACTOR HAS REPRESENTED HIMSELF TO A CONTRACTOR AS HAVING WORKERS' COMPENSATION INSURANCE AT THE TIME THE SUBCONTRACTOR WAS ENGAGED BY THE CONTRACTOR TO PERFORM WORK, THE CONTRACTOR IS RELIEVED OF RESPONSIBILITY FOR ALL CLAIMS FILED BY EMPLOYEES OF AN UNINSURED SUBCONTRACTOR, PROVIDE FOR THE EXCLUSIVE REMEDY OF THOSE EMPLOYEES, AND PROVIDE FOR THE CIRCUMSTANCES AND PENALTIES FOLLOWING THE FILING OF FALSE DOCUMENTATION OF WORKERS' COMPENSATION INSURANCE BY A SUBCONTRACTOR TO A CONTRACTOR OR A HIGHER TIER SUBCONTRACTOR.
Referred to Committee on Labor, Commerce and Industry.
S. 741 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 40-22-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS FOR REGISTRATION AS A PROFESSIONAL LAND SURVEYOR, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, FOR GRADUATION FROM A SCHOOL OR COLLEGE OF TWO OR MORE YEARS WITH AN ASSOCIATE DEGREE IN AN ABET COMMISSION ACCREDITED CURRICULUM OF ENGINEERING TECHNOLOGY OR LAND SURVEYING, INCLUDING COMPLETED COURSES IN SURVEYING AND MAPPING OF NOT LESS THAN TWELVE SEMESTER HOURS OR THE EQUIVALENT IN QUARTER HOURS SATISFACTORY TO THE BOARD; TO AMEND SECTION 40-22-240, RELATING TO THE QUALIFICATIONS FOR REGISTRATION AS A TIER B PROFESSIONAL LAND SURVEYOR, SO AS TO PROVIDE FOR FIFTEEN, RATHER THAN TWELVE, SEMESTER HOURS OR THE EQUIVALENT IN QUARTER HOURS OF SURVEYING, MAPPING, HYDRAULICS, AND HYDROLOGY COURSES; TO AMEND SECTION 40-22-250, RELATING TO THE QUALIFICATIONS FOR CERTIFICATION AS LAND SURVEYOR-IN-TRAINING, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, FOR THE COMPLETION OF COURSES IN SURVEYING AND MAPPING OF NOT LESS THAN TWELVE SEMESTER HOURS OR THE EQUIVALENT IN QUARTER HOURS; AND TO AMEND SECTION 40-22-280, RELATING TO ENGINEERS AND LAND SURVEYORS, APPLICATIONS FOR REGISTRATION, AND REFERENCES, SO AS TO CHANGE THE PROVISIONS CONCERNING REFERENCES FOR ENGINEERING REGISTRATION AND LAND SURVEYING REGISTRATION.
Referred to Committee on Labor, Commerce and Industry.
S. 1164 -- Judiciary Committee: A BILL TO AMEND PART I, ARTICLE 2, CHAPTER 2, TITLE 62, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTESTATE SUCCESSION, BY ADDING SECTION 62-2-114, SO AS TO PROVIDE THAT IF THE PARENTS, WHO ARE HEIRS OF A CHILD PURSUANT TO SECTION 62-2-103(2), ARE DIVORCED, SEPARATED, OR LIVING APART, UPON MOTION OF EITHER PARENT, THE PROBATE COURT MAY DENY OR LIMIT EITHER PARENT'S ENTITLEMENT FOR A SHARE OF THE PROCEEDS IF THE COURT DETERMINES, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE PARENT HAS REFUSED TO REASONABLY SUPPORT THE DECEDENT AS DEFINED IN SECTION 20-7-40 AND HAS OTHERWISE NOT PROVIDED FOR THE NEEDS OF THE DECEDENT; AND TO AMEND SECTION 42-9-140, RELATING TO WORKERS' COMPENSATION PAYMENTS WHEN A DECEASED EMPLOYEE LEAVES NO DEPENDENTS, SO AS TO PROVIDE THAT THE COMMISSION MAY DENY OR LIMIT PAYMENTS TO A PARENT WHO IS OTHERWISE ENTITLED TO RECOVER AMOUNTS PROVIDED FOR A DECEASED EMPLOYEE IF THE COMMISSION DETERMINES, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE PARENT HAS REFUSED TO REASONABLY SUPPORT THE DECEDENT AS DEFINED IN SECTION 20-7-40 AND HAS OTHERWISE NOT PROVIDED FOR THE NEEDS OF THE DECEDENT.
Referred to Committee on Judiciary.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Breeland Brown, G. Brown, H. Brown, J. Byrd Cain Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fleming Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Haskins Herdklotz Hines, M. Hodges Howard Hutson Inabinett Jaskwhich Keegan Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Lee Limbaugh Littlejohn Lloyd Loftis Marchbanks Mason McAbee McCraw McKay McMahand Meacham Moody-Lawrence Neal Neilson 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. Whipper, S. White Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young-Brickell
I came in after the roll call and was present for the Session on Thursday, February 29.
H.B. Limehouse III Ronald C. Fulmer John G. Felder Dewitt Williams James N. Law Mark S. Kelley Douglas E. McTeer, Jr. William D. Boan Theodore A. Brown George H. Bailey J. Michael Baxley Jesse E. Hines Douglas Jennings, Jr. L. Morgan Martin Joseph T. McElveen, Jr. C. Alex Harvin III Ralph W. Canty W. Jeffrey Young
LEAVES OF ABSENCE
The SPEAKER granted Rep. CARNELL a leave of absence for the day.
The SPEAKER granted Rep. J. YOUNG a temporary leave of absence.
The SPEAKER granted Rep. KENNEDY a leave of absence for the remainder of the day, due to business matters relating to his mother's death.
Announcement was made that Dr. David Gatti of Columbia is the Doctor of the Day for the General Assembly.
Rep. FLEMING, on behalf of the Union Delegation, presented to the House the Union High School Yellow Jackets Football team, winners of the 1995 AAAA State Championship, their coaches and other school officials.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Part II.
Rep. SHEHEEN raised the Point of Order that Section 32 was out of order as it was not germane. He further stated that it amended three different Code Sections.
The SPEAKER sustained the Point of Order and ordered the section stricken from the Bill.
Section 33 was adopted.
Rep. HARRELL proposed the following Amendment No. 203 (Doc Name P:\amend\JIC\5346SD.96), which was tabled.
Amend the bill, as and if amended, Part II, SECTION 24, by striking subsection C, which begins on line 32, page 520 and inserting:
/C. Title 59 of the 1976 Code is amended by adding:
Section 59-144-10. This chapter may be cited as the 'Public School Facilities Assistance Act'. Funds available from the Educational Assistance Endowment Fund, as established in Chapter 143 of this title, must be used for the purposes of the Public School Facilities Assistance Act as provided in this chapter.
Section 59-144-20. For the benefit of the people of the State and the increase of their commerce, welfare, and prosperity, it is essential that the school districts of this State be assisted in obtaining adequate school facilities to assist youth in achieving the required levels of learning. It is the purpose of this chapter to provide a measure of assistance to the school districts of this State in securing the facilities and structures which are needed to accomplish the goals and purposes of public education, all to the public benefit and good, to the extent and manner provided in this chapter.
Section 59-144-30. Funds made available through this chapter must be used for permanent school instructional facilities and fixed equipment including the costs for construction, improvement, enlargement, or renovation of public school facilities. However, after all construction and renovation needs identified in a district's school facilities improvement plan have been met, the district may request to use its allocation for payment of debt service. As used in this chapter, 'school facilities' only includes facilities necessary for instructional and related purposes including, but not limited to, classrooms, libraries, media centers, laboratories, cafeterias, physical education spaces, related interior and exterior facilities, and the conduit, wiring, and powering of hardware installations for classroom computers or for area network systems. 'School facilities' does not include unimproved real property, centralized district administration facilities, portable classrooms, or other facilities, including those normally identified with interscholastic sports activities.
Section 59-144-40. The State Budget and Control Board, in conjunction with the State Board of Education and the Advisory Committee herein established, shall be responsible for performing all the duties and functions under this chapter in regard to the allocation and distribution of the funds made available for public school district facilities needs.
Section 59-144-50. A school district may accumulate its allotments for up to seventy-two months to meet the facilities' needs identified in its capital improvement plan.
Section 59-144-100. (1) Funds made available under this chapter must be allotted annually to the school districts using formulas based on facilities' needs, past fiscal effort in providing for facilities, and district wealth. This allocation shall be made in the following manner:
(a) Fifty percent of the funds allocated annually to the several school districts for facilities' needs must be distributed based on a standardized assessment of the districts' needs for facilities using a uniform estimate of costs as established in Section 59-144-120. Individual district allotments must be based on the districts' facilities' need relative to the state total facilities' need. For the first year's allotment, however, the school districts' facilities' needs must be defined as the amount of needs reported in the 1994 Department of Education Facilities Report. For the first two years of the program, district allotments must be adjusted for an overstatement or an understatement of need. As the uniform assessment of needs and the standardized cost allowances are implemented and as district facilities' needs are verified, subsequent district allotments must be adjusted to correct for an overstatement of needs in any previous year.
(b) Twenty-five percent of the funds allocated annually to the school districts must be distributed based on equalized effort defined as the prior five years' average expenditures for capital projects and debt service, including lease-purchase obligations, for school instructional facilities divided by the average assessed value of all property subject to ad valorem school taxation and adjusted to reflect an equalized per pupil mill value. Individual district allotments must be based on a district's equalized effort relative to the state total equalized effort. The amount included for lease-purchase obligations shall not include the costs of utilities or operation and maintenance of the leased facility.
(c) Twenty-five percent of the funds allocated annually must be distributed based on relative district wealth. Individual district allotments must be based on the prior year's Education Finance Act allocation relative to the state total allocation except that an adjustment must be made to provide a minimum factor as established by the State Board of Education so that a district shall qualify for a minimum amount of funding.
(d) A district's annual allotment must be the sum of the three amounts calculated as provided in this section. Funds from a district's allotment shall be made available as needed once approval is received from the State Board of Education pursuant to Chapter 23 of this title.
(2) Notwithstanding the provisions of Section 59-143-10 and this chapter, from the funds made available under this chapter from the public school facilities assistance allocation:
(a) Three million dollars annually for two consecutive years beginning with fiscal year 1996-97 must be allocated to the Governor's School for the Arts; and
(b) Five million dollars annually for three consecutive years beginning with fiscal year 1996-97 must be allocated to the Governor's School for Math and Science.
Section 59-144-110. The State Board of Education shall establish and appoint a twenty-member advisory committee to assist in developing guidelines, regulations, and standards pursuant to this chapter. The State Superintendent of Education shall recommend members for the advisory committee which shall include individuals with backgrounds in the following areas:
(a) capital improvements financing;
(b) building construction;
(c) school building design;
(d) district finances;
(e) district administration;
(f) local boards of trustees;
(g) classroom instruction; and
(h) educational facilities requirements at the primary, elementary, middle, and high school levels.
Members of the committee shall receive mileage, subsistence, and per diem as provided by law for members of state boards, committees, and commissions to be paid from Public School Facilities Assistance Act funds. The members of the advisory committee shall serve at the pleasure of the State Board of Education.
Section 59-144-120. The State Board of Education responsibilities in regard to this chapter include:
(1) adopting policies, guidelines, and standards for a comprehensive school facility survey with annual updates to be undertaken by every district. The survey shall include a description of all existing school facilities and a list of needed renovations, modifications, and new construction projects. The Department of Education shall provide consultation and technical assistance with regard to the survey. The survey must be filed with the Department of Education and may be revised by the district following established guidelines. No school district which has not assisted with and complied with this survey is eligible to receive funds under this chapter. This comprehensive survey shall serve as the basis for a uniform statewide school facilities inventory and data base on building conditions and maintenance management. To this end, the Department of Education shall review district surveys to ensure complete and uniform reporting;
(2) adopting policies, guidelines, and regulations for district five-year comprehensive school facilities' improvement plans with annual updates. Local school district facilities construction plans shall include, but are not limited to, a list of construction projects currently eligible for funding under this chapter, school facilities projected as needed five years in the future, and proposed new construction, alterations, and renovations as appropriate for instructional programs to be listed in priority order;
(3) developing policies, guidelines, and standards for a uniform assessment of facilities' needs and standardized cost allowances for estimating the cost in meeting these needs in order to provide for a systematic reporting of each district's needs to be used in calculating the allotment of funds under Section 59-144-100. Facilities' needs include, but are not limited to, facility need capacity and condition, space requirements, program standards, and pupil growth. Costs allowances shall be developed to include such measures as costs per square foot, costs per pupil, or costs per teaching unit with such costs adjusted annually to reflect changes in the cost of labor and materials. These standards and cost allowances are to be used only for providing a uniform reporting of districts' needs for formula allotment purposes and are not intended to limit district options in determining the most appropriate manner in which to meet individual district needs;
(4) developing policies and guidelines for school districts to notify the State Board of Education of the anticipated times of expenditures from district allotments;
(5) adopting policies, standards, and regulations to ensure the accuracy of district reporting required under this chapter and the use of funds disbursed under this chapter.
Section 59-144-130. Every three years by December first beginning with the year 1998, the State Board of Education shall report to the General Assembly the projected five-year school facilities' improvement requirements reported by the school districts, the needs identified since the last report, and those previously identified needs addressed since the last report.
Section 59-144-140. The Department of Education's responsibilities shall include:
(1) providing staffing assistance to the State Board of Education and the advisory committee in the development of policies, guidelines, standards, and regulations implementing this chapter;
(2) providing technical assistance to school districts in completing the comprehensive school facilities' survey and annual updates and assisting districts in developing their five-year comprehensive school facilities' improvement plans;
(3) ensuring compliance with state standards and requirements, inspecting construction projects for education facilities, and approving completed construction pursuant to Chapter 23 of this title for projects paid for in whole or in part with funds allocated under this chapter. To assist with the inspection of construction projects, the State Board of Education may designate selected local units of administration which have staff qualified to conduct the inspections to act on behalf of the Department of Education; and
(4) reviewing each district's school facility surveys, funding applications, and financial reports to ensure compliance with the intent of this chapter.
Section 59-144-150. To qualify for funds under this chapter, each school district shall meet the conditions and qualifications provided for in this chapter. Funds must be withheld from districts when inappropriate reporting of facilities' needs is found or when inappropriate use of funds is documented.
Section 59-144-160. To accomplish the statewide uniform facilities' inventory and data base and to assist districts with the comprehensive facilities' improvement plans, the authority shall release to the Department of Education for this purpose up to two hundred thousand dollars from Public School Facilities Assistance Act funds for each of the first three years after the effective date of this chapter including the year this chapter is enacted. The department may carry forward these funds for use for the same purpose in subsequent years.
Section 59-144-170. By December 1, 1998, the State Board of Education shall recommend to the General Assembly changes to be made to this chapter regarding program objectives, appropriate funding levels, and funding allotment formulas.
Section 59-144-300. The authority, in its role as manager of the Educational Assistance Endowment Fund, may assist school districts of this State in providing school facilities, and for this purpose the authority may:
(1) adopt regulations for the conduct of its affairs and business;
(2) adopt an official seal and alter it;
(3) maintain an office at a place it designates;
(4) sue and be sued in its own name;
(5) use such state funds as appropriated by the General Assembly for the purposes of this chapter;
(6) do all things necessary or convenient to carry out the purposes of this chapter.
Section 59-144-310. In addition to any other contractual remedies, a grant agreement may be enforced according to its terms and conditions in the circuit court of this State, and the court may utilize the process of injunction or mandamus to effect the enforcement of the agreement.
Section 59-144-320. School districts may perform acts, take actions, adopt proceedings, and make and carry out grant agreements which are contemplated by this chapter. The grant agreements do not need to be identical among all participants but may be structured as determined by the authority according to the needs of the participating school districts and the authority.
Section 59-144-330. All expenses incurred in carrying out the provisions of this chapter are payable solely from funds as prescribed in this chapter and no liability may be incurred by the authority beyond monies provided under the provisions of this chapter. The State may make allocations or grants of money or property to the authority to enable it to carry out its purposes and for the exercise of its powers. This section may not be construed to limit any other power to make grants to the authority.
Section 59-144-400. The Department of Juvenile Justice, the Wil Lou Gray Opportunity School, the John de la Howe School, and the South Carolina School for the Deaf and the Blind also shall be annually allocated funds from the Educational Assistance Endowment Fund for facilities needs on a per pupil basis using on weighted pupil units for one hundred percent of their allocations. For purposes of these allocations only, all pupils of these schools are considered K-12 pupils./
Renumber sections & amend totals/title to conform.
Rep. HARRELL explained the amendment.
Rep. HARRELL continued speaking.
Reps. WELLS, WALKER and TOWNSEND spoke against the amendment.
The SPEAKER Pro Tempore granted Rep. COOPER a leave of absence for the remainder of the day.
Rep. TOWNSEND continued speaking.
Rep. R. SMITH spoke against the amendment.
Rep. WELLS spoke against the amendment.
Rep. WELLS moved to table the amendment.
Rep. HARRELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Bailey Baxley Boan Brown, G. Brown, H. Brown, J. Byrd Cain Cato Chamblee Clyburn Davenport Easterday Felder Fleming Gamble Harris, J. Harris, P. Haskins Herdklotz Hines, J. Hines, M. Hodges Hutson Jaskwhich Jennings Kinon Kirsh Klauber Knotts Lanford Law Lee Limbaugh Littlejohn Loftis Marchbanks Mason McCraw McElveen McKay McTeer Moody-Lawrence Neilson Phillips Quinn Rhoad Rice Riser Robinson Sandifer Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Townsend Tripp Trotter Vaughn Waldrop Walker Wells Wilkes Wilkins Wofford Wright Young-Brickell
Those who voted in the negative are:
Breeland Brown, T. Cave Cobb-Hunter Cotty Cromer Dantzler Delleney Fulmer Govan Hallman Harrell Harrison Howard Inabinett Keegan Kelley Keyserling Koon Limehouse Lloyd Martin McAbee McMahand Meacham Neal Richardson Rogers Scott Seithel Shissias Stille Stoddard Stuart Thomas Tucker Whatley Whipper, L. Whipper, S. White Wilder Witherspoon Worley
So, the amendment was tabled.
Rep. ROGERS proposed the following Amendment No. 209 (Doc Name P:\amend\JIC\5343HTC.96), which was tabled.
Amend the bill, as and if amended, Part II in Section 24, page 520, by adding a new paragraph at the end of Section 59-143-10 of the 1976 Code to read:
/In fiscal year 1996-97 and succeeding fiscal years, if the Children's Education Endowment Fund does not receive revenue pursuant to Section 48-48-140(C) of at least one hundred million dollars exclusive of any interest or earnings thereon, an amount sufficient to make up the difference is automatically appropriated from the general fund of the State to the Fund. When required, this appropriation must occur at the time in the fourth fiscal quarter when the shortfall can be most accurately determined. The one hundred million dollar minimum amount is not subject to any reduction by virtue of budget reductions imposed to offset general fund revenue shortfalls in any fiscal year./
Renumber sections & amend totals/title to conform.
Rep. ROGERS explained the amendment.
Rep. H. BROWN spoke against the amendment and moved to table the amendment.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Boan Brown, G. Brown, H. Cain Cato Chamblee Dantzler Davenport Delleney Easterday Fleming Fulmer Gamble Hallman Harrell Harrison Haskins Herdklotz Hutson Jaskwhich Jennings Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Martin Mason McCraw McElveen McKay Meacham Neilson Phillips Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Sheheen Simrill Smith, R. Spearman Stille Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilkes Wilkins Witherspoon Wofford Wright Young-Brickell
Those who voted in the negative are:
Anderson Breeland Byrd Cave Clyburn Cobb-Hunter Cotty Cromer Govan Hines, J. Hines, M. Hodges Howard Inabinett Keyserling Lee Lloyd McAbee McTeer Moody-Lawrence Neal Richardson Rogers Scott Shissias Stoddard Whipper, L. White Wilder
So, the amendment was tabled.
Rep. SPEARMAN proposed the following Amendment No. 193 (Doc Name P:\amend\BBM\10612DW.96), which was adopted.
Amend the bill, as and if amended, Part II, SECTION 24, Code Section 59-144-100, page 521, by striking subsection (C), lines 34 through 41.
Renumber sections & amend totals/title to conform.
Rep. SPEARMAN explained the amendment.
Rep. SPEARMAN spoke in favor of the amendment.
Rep. H. BROWN spoke against the amendment.
Rep. WELLS spoke against the amendment.
Reps. BAXLEY, NEILSON and J. HARRIS spoke against the amendment.
Reps. WILKINS and TOWNSEND spoke against the amendment.
Rep. TOWNSEND moved to table the amendment.
Rep. MEACHAM demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Baxley Brown, H. Brown, J. Chamblee Easterday Fulmer Hallman Harrell Harris, J. Harrison Haskins Herdklotz Hines, J. Hines, M. Jaskwhich Jennings Lee Loftis Marchbanks Martin McAbee Neilson Quinn Richardson Riser Seithel Sharpe Smith, D. Smith, R. Stille Townsend Wells Whatley Whipper, L. Whipper, S. Wilkins
Those who voted in the negative are:
Allison Askins Bailey Boan Breeland Brown, G. Cain Cato Cave Cobb-Hunter Cotty Dantzler Davenport Delleney Felder Fleming Gamble Govan Harris, P. Hodges Howard Hutson Inabinett Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Mason McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Phillips Rhoad Robinson Rogers Sandifer Scott Sheheen Shissias Simrill Spearman Stoddard Stuart Thomas Tripp Trotter Tucker Vaughn Waldrop Walker White Wilder Wilkes Witherspoon Wofford Worley Wright Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
The following was received.
Columbia, S.C., February 29, 1996
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:55 A.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. TOWNSEND, the invitation was accepted.
Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of Section 24.
At 11:55 A.M. the House attended in the Senate Chamber, where the following Acts were duly ratified.
(R258) S. 560 -- Senator Alexander: AN ACT TO AMEND SECTION 22-5-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED BY MUNICIPAL AUTHORITIES OR MAGISTRATES OF ANOTHER COUNTY, SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS OF A MUNICIPALITY, WITH THE ASSISTANCE OF LAW ENFORCEMENT OFFICIALS OF THE COUNTY IN WHICH THE MUNICIPALITY IS LOCATED, MAY SERVE A WARRANT ON A PERSON INCARCERATED IN THAT COUNTY'S JAIL OR DETENTION CENTER WHO IS CHARGED WITH A VIOLATION OF A MUNICIPAL ORDINANCE OR OTHER PROVISIONS OF LAW UNDER THE JURISDICTION OF THE MUNICIPALITY WITHOUT THE NECESSITY OF A MAGISTRATE OF THE COUNTY ENDORSING THE WARRANT.
(R259) S. 804 -- Senators Rose, McConnell and Mescher: AN ACT TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.
(R260) S. 1014 -- Senators McConnell, Passailaigue, Courson, Rose and Richter: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-7-100, SO AS TO ESTABLISH THE HUNLEY COMMISSION TO NEGOTIATE WITH THE UNITED STATES GOVERNMENT ON BEHALF OF THE STATE OF SOUTH CAROLINA CONCERNING THE SUBMARINE H.L. HUNLEY TO ENSURE THAT THE SUBMARINE AND ANY HUMAN REMAINS LOCATED THEREIN REMAIN IN SOUTH CAROLINA IN PERPETUITY AND ARE DISPLAYED IN AN APPROPRIATE MANNER FOR THE BENEFIT OF FUTURE GENERATIONS AND TO PROVIDE THAT THE GEOGRAPHICAL COORDINATES OF THE HUNLEY'S LOCATION ARE EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT.
(R261) H. 3307 -- Reps. J. Brown, Baxley, Jennings, Limbaugh, Law, H. Brown, Cotty, Knotts, Witherspoon, A. Young, Townsend, Clyburn, Moody-Lawrence, Rogers, Fleming, Walker, Scott, Hines, Stuart, R. Smith, Neal, Littlejohn, Anderson, Cave, Lanford, Kennedy, Inabinett, Tripp, Stille, Hallman, Phillips, G. Brown, Simrill, Govan, Wright, Wilder, Neilson, S. Whipper, Harwell, Richardson, Breeland, Shissias, Easterday, Fair, Harrison, L. Whipper, Vaughn, Wells, Spearman, McCraw, Herdklotz, Huff, Beatty, Williams, Riser, Kelley, Cooper, J. Young, T. Brown, Dantzler, Haskins, Sharpe, Klauber, Kirsh, Thomas, Byrd, Mason, Davenport and Jaskwhich: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-51-57 SO AS TO REQUIRE A POST-PODIATRIC MEDICAL FORMAL PRECEPTORSHIP OR RESIDENCY PROGRAM AND TO AUTHORIZE ISSUANCE OF LIMITED LICENSES WHILE IN SUCH PROGRAM; TO AMEND SECTION 40-51-30, AS AMENDED, RELATING TO THE BOARD OF PODIATRY EXAMINERS, SO AS TO PROVIDE FOR THE ELECTION OF PODIATRIC NOMINEES TO THE BOARD FROM DISTRICTS CREATED IN THE STATE AND TO PROVIDE ELECTION PROCEDURES; TO AMEND SECTION 40-51-40, RELATING TO THE BOARD'S AUTHORITY TO PROMULGATE REGULATIONS, SO AS TO INCLUDE REGULATIONS ESTABLISHING CONTINUING EDUCATION REQUIREMENTS; TO AMEND SECTION 40-51-80, RELATING TO EXAMINATION OF APPLICANTS FOR LICENSURE, SO AS TO EXPAND THE TYPE OF EXAMINATIONS THAT THE BOARD MAY ADMINISTER AND REQUIRE EXAMINATIONS TO BE OFFERED TWICE ANNUALLY; TO AMEND SECTION 40-51-110, RELATING TO RECIPROCAL LICENSURE AND LICENSURE BY ENDORSEMENT, SO AS TO DELETE PROVISIONS RELATING TO LICENSURE BY ENDORSEMENT; TO AMEND SECTION 40-51-130, RELATING TO DISPLAY AND RECORDING OF LICENSES, SO AS TO DELETE PROVISIONS REQUIRING RECORDING OF A LICENSE WITHIN THE COUNTY CLERK OF COURT; TO AMEND SECTION 40-51-140, RELATING TO LICENSE RENEWAL FEES, SO AS TO REQUIRE THE BOARD TO ESTABLISH THIS FEE IN REGULATIONS AND TO REQUIRE TWELVE HOURS OF CONTINUING EDUCATION FOR RENEWAL AND PENALTIES FOR FAILURE TO COMPLY; TO AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY PROCEDURES AND GROUNDS FOR DISCIPLINE, SO AS TO REVISE THE THRESHOLD FOR INITIATING THESE PROCEDURES AND UNDER CERTAIN CIRCUMSTANCES TO REQUIRE A LICENSEE OR APPLICANT TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION AND TO AUTHORIZE THE BOARD TO OBTAIN RECORDS; TO AMEND SECTION 44-7-70, RELATING TO HEALTH CARE FACILITIES REPORTING TO THE STATE BOARD OF MEDICAL EXAMINERS THE RESULTS OF ACTIONS TAKEN AGAINST A PHYSICIAN'S PRACTICE PRIVILEGES, SO AS TO ALSO REQUIRE SUCH REPORTING ON PODIATRISTS TO THE BOARD OF PODIATRY EXAMINERS; AND TO REPEAL SECTION 40-51-90, RELATING TO PASSING SCORES ON PODIATRY EXAMINATIONS.
At 12:05 P.M. the House resumed, the SPEAKER in the Chair.
Debate was resumed on the following Bill, the pending question being the consideration of Part II, Section 24.
Debate was resumed on Section 24.
Rep. FLEMING proposed the following Amendment No. 126 (Doc Name P:\amend\DKA\3562CM.96), which was tabled.
Amend the bill, as and if amended, Part II, SECTION 24, page 521, lines 24 through 26, by striking items (1) and (2) of Section 59-144-100(A), and inserting:
/(1) sixty percent of the funds allocated annually to the several school districts for new facilities for schools constructed before 1940;
(2) forty percent must be allocated on a per pupil basis using the weighted pupil units of each district for the preceding year;/
Renumber sections & amend totals/title to conform.
Rep. FLEMING explained the amendment.
Rep. SANDIFER moved to table the amendment.
Rep. FLEMING demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 50 to 5.
Rep. TOWNSEND proposed the following Amendment No. 222 (Doc Name P:\amend\JIC\5353SD.96), which was tabled.
Amend the bill, as and if amended, Part II, SECTION 24, in Section 59-144-100 of the 1976 Code by adding a new subsection to be appropriately lettered immediately following subsection (B) which begins on line 30 of page 521 to read:
/( ) Three million dollars annually for four consecutive years beginning with Fiscal Year 1996-97 must be allocated to the several multi-district career centers of this State on a per pupil basis./
Renumber sections & amend totals/title to conform.
Rep. TOWNSEND explained the amendment.
Rep. SPEARMAN moved to table the amendment.
Rep. TOWNSEND demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Brown, J. Brown, T. Cain Canty Cato Cotty Cromer Dantzler Delleney Easterday Felder Gamble Hallman Harrell Harrison Harvin Haskins Herdklotz Hutson Inabinett Keegan Kinon Kirsh Klauber Knotts Koon Law Limbaugh Limehouse Loftis Marchbanks Mason McAbee McCraw Meacham Moody-Lawrence Phillips Quinn Rhoad Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stoddard Stuart Thomas Tripp Tucker Vaughn Waldrop Whatley Whipper, L. Whipper, S. Wilder Wilkes Wilkins Wofford Worley Wright Young-Brickell
Those who voted in the negative are:
Allison Cave Chamblee Davenport Fleming Harris, J. Harris, P. Hines, M. Howard Kelley Keyserling Lanford Lee Littlejohn McElveen McTeer Neal Neilson Richardson Scott Smith, D. Stille Townsend Trotter Walker Wells White
So, the amendment was tabled.
Section 24 as amended was adopted.
I wish to be recorded as voting in favor of the amendment. I inadvertently voted to table the amendment.
Rep. C. ALEX HARVIN III
Debate was resumed on Section 26.
Rep. GAMBLE proposed the following Amendment No. 211 (Doc Name P:\amend\PT\2312CM.96), which was adopted.
Amend the bill, as and if amended, Part II, SECTION 26, Page 523, by adding an appropriately numbered paragraph to read:
/__. In all criminal proceedings in circuit court where the death penalty is being sought against a defendant receiving representation pursuant to Title 17, Chapter 3, the defendant must be provided with apparel, the cost of which may not exceed two hundred dollars, to be provided by the Indigent Defense Fund which must be worn in court at all times unless the defendant desires to wear his own apparel at his expense in which case he may do so. Other than the apparel provided the defendant under this section or the apparel the defendant provides at his own expense, the State has no other obligation to provide clothing or apparel for these proceedings to this defendant. The Office of Indigent Defense, in its sole discretion, shall determine what apparel to procure for male defendants and for female defendants, but which may include jumpsuits for men, pantsuits for women, or some type of outerwear to be worn over the clothing worn to court by the defendant. The General Assembly, in the annual general appropriations act beginning with the year 1996-97 from funds appropriated for operating expenses of the circuit court in Part I, Section 14, shall appropriate the funds to secure such wearing apparel."
E. This section takes effect July 1, 1996./
Renumber sections & amend totals/title to conform.
Rep. GAMBLE explained the amendment.
The amendment was then adopted.
Debate was resumed on Amendment No. 141, which was proposed on Wednesday, February 28, by Rep. GAMBLE.
Rep. GAMBLE moved to table the amendment, which was agreed to.
Section 26 as amended was adopted.
Debate was resumed on Section 28.
Section 28 was adopted.
Rep. HARRISON proposed the following Amendment No. 79 (Doc Name P:\amend\pfm\8014AC.96), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 59-145-20 OF THE 1976 CODE, RELATING TO FUNDING SINGLE-GENDER EDUCATIONAL OFFERINGS, SO AS TO PROHIBIT THE COMMISSION ON HIGHER EDUCATION FROM REQUIRING A CHANGE TO A COURT-APPROVED, SINGLE-GENDER EDUCATIONAL PROGRAM WHICH WOULD HINDER A SUBSTANTIVELY COMPARABLE OUTCOME; AND TO AMEND ACT 145 OF 1995, RELATING TO THE GENERAL APPROPRIATIONS ACT, SO AS TO REVISE THE EFFECTIVE PROVISION RELATING TO SINGLE-GENDER EDUCATION AND TO DESIGNATE CERTAIN PROVISIONS OF THE ACT AS CHAPTER 145, TITLE 59.
A. Section 59-145-20 of the 1976 Code, as added by Section 95B, Part II, Act 145 of 1995, is amended to read:
"Section 59-145-20. The General Assembly shall annually shall provide such funding as may be necessary, under the auspices of the Commission on Higher Education, to establish and maintain approved single-gender educational offerings; however, the commission may not require a change to a court-approved, single-gender educational program which would hinder the program's ability to produce a substantively comparable outcome."
B. Section 95C, Part II of Act 145 of 1995 is amended to read:
"C. This section takes effect upon approval of this act by the Governor, but shall be is void and of no effect if the United States Supreme Court issues a ruling which reverses the holding in U.S. v. Commonwealth of Virginia, 44 F.3d 1229, 1232, 1238 (4th Cir. 1995) prohibits a state from funding any single-gender educational program."
C. Sections 95A and 95B, Part II, Act 145 of 1995 are designated as Sections 59-145-10 and 59-145-20 of the 1976 Code, respectively, and further are designated as Chapter 145 of Title 59 of the 1976 Code entitled 'Single-Gender College'./
Renumber sections & amend totals/title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 93 (Doc Name P:\amend\GJK\22404HTC.96), which was tabled.
Amend the bill, as and if amended, Part II, by adding a new SECTION appropriately numbered to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 8-1-200 SO AS TO REQUIRE THOSE STATE OFFICERS AND EMPLOYEES WHO ARE FURNISHED HOUSING AND CHARGED RENT BY THEIR EMPLOYER TO BE CHARGED RENT IN AN AMOUNT EQUAL TO THE FAIR MARKET RENTAL VALUE OF THE SPECIFIC HOUSING PROVIDED.
A. Chapter 1, Title 8 of the 1976 Code is amended by adding:
"Section 8-1-200. When a state agency provides housing to an agency officer or employee and charges rent for the housing, the rent charged must equal the fair market rental value of the specific housing provided."
B. This section takes effect July 1, 1996, and applies with respect to rent due after July 1, 1996, or, when the rent is fixed pursuant to a lease or other contract, beginning with the first month after the current lease or contract expires or is otherwise voided."/
Renumber sections & amend totals/title to conform.
Rep. KIRSH explained the amendment.
Rep. FELDER raised the Point of Order that Amendment No. 93 was out of order as it was not germane.
Rep. KIRSH argued contra the Point in stating that it dealt with college expenses in Part I.
Rep. SHEHEEN cited Page 150, Section 18MA, other operating expenses under MUSC.
Rep. McABEE stated that the thrust of the amendment was to enhance the monies that go into Part I and that the amendment tried to do indirectly what could not be done directly.
The SPEAKER stated that it did relate back to Part I and he overruled the Point of Order.
Rep. McABEE spoke against the amendment.
Rep. McABEE continued speaking.
Rep. CROMER spoke in favor of the amendment.
Rep. L. WHIPPER spoke against the amendment.
Rep. FELDER spoke against the amendment.
Rep. FELDER continued speaking.
Rep. KIRSH spoke in favor of the amendment.
Rep. FELDER moved to table the amendment, and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Bailey Breeland Brown, G. Brown, J. Brown, T. Cain Canty Cave Clyburn Cobb-Hunter Dantzler Delleney Felder Govan Harrell Harris, P. Harrison Harvin Herdklotz Hines, M. Howard Inabinett Keegan Keyserling Kinon Klauber Knotts Koon Law Lee Limehouse Lloyd Mason McAbee McElveen McMahand McTeer Moody-Lawrence Neal Phillips Quinn Rhoad Rice Richardson Riser Scott Seithel Sharpe Smith, R. Spearman Stoddard Townsend Tucker Waldrop Whipper, L. Whipper, S. White Wilder Wilkes Witherspoon Wofford Wright
Those who voted in the negative are:
Allison Cato Cotty Cromer Davenport Easterday Gamble Hallman Haskins Hodges Hutson Jaskwhich Kelley Kirsh Lanford Limbaugh Littlejohn Loftis Marchbanks McCraw McKay Meacham Robinson Rogers Sandifer Sheheen Shissias Simrill Smith, D. Stille Stuart Thomas Tripp Trotter Vaughn Walker Wells Wilkins Worley
So, the amendment was tabled.
Rep. MARCHBANKS proposed the following Amendment No. 107 (Doc Name P:\amend\PT\2311AC.96), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 1-19-70 OF THE 1976 CODE, RELATING TO THE OFFICERS AND EMPLOYEES OF THE STATE REORGANIZATION COMMISSION, SO AS TO REFERENCE ITS FUNCTIONS UNDER THE COMPLIANCE REVIEW ACT OF 1988 AND DELETE REFERENCES TO OTHER AUTHORITY OF THE COMMISSION EFFECTIVE JANUARY 1, 1997; TO AMEND SECTION 2-65-70, RELATING TO INDIRECT COST RECOVERY, SO AS TO DELETE A REFERENCE TO THE JOINT APPROPRIATIONS REVIEW COMMITTEE; TO REPEAL SECTIONS 1-19-10 THROUGH 1-19-50 AND 1-19-80 THROUGH 1-19-270, ALL RELATING TO THE FUNCTIONS OF THE STATE REORGANIZATION COMMISSION EFFECTIVE JANUARY 1, 1997; TO REPEAL CHAPTERS 39, 43, 47, 53, 55, 68, AND 73 OF TITLE 2, CHAPTER 21 OF TITLE 51, ALL RELATING TO VARIOUS STUDY COMMITTEES; AND TO REPEAL SECTIONS 2-65-20 THROUGH 2-65-60 AND 2-65-80 THROUGH 2-65-120, RELATING TO THE JOINT APPROPRIATIONS REVIEW COMMITTEE EFFECTIVE JANUARY 1, 1997.
A. Section 1-19-70 of the 1976 Code is amended to read:
"Section 1-19-70. The Commission shall elect from its membership a chairman, a vice-chairman and a secretary and shall appoint such technical, administrative, clerical and other employees as may be deemed by it to be considers necessary to carry on its functions under the provisions of Chapter 22 of this title. A majority of the commission shall constitute a quorum. No plan of reorganization may be submitted unless such plan shall have the affirmative vote of not less than seven members of the Commission."
B. Section 2-65-70(a)(1) of the 1976 Code is amended to read:
"(1) Each agency receiving grants or contracts to which indirect costs may be charged must have an approved indirect cost rate or cost allocation plan. Agencies must prepare the indirect cost proposals and submit them to the Governor for review. The Governor must submit the proposals to the appropriate federal agencies, negotiate the agreements, and transmit approved agreements to the state agencies. The Joint Appropriations Review Committee must be provided with a copy of the proposals, for review and comment, prior to submission to the federal agency."
C. (1) Sections 1-19-10 through 1-19-50 of the 1976 Code are repealed. Sections 1-19-80 through 1-19-270 of the 1976 Code are repealed.
(2) The following provisions of the 1976 Code are repealed:
(a) Chapter 39
of Title 2 Mental Health, Mental
Retardation Study
Committee
(b) Chapter 43
of Title 2 Textile Industry Study
Committee
(c) Chapter 47
of Title 2 Joint Bond Review
Committee
(d) Chapter 53
of Title 2 Committee on Energy
(e) Chapter 55
of Title 2 Health Care Planning and
Oversight Committee
(f) Sections 2-65-20
through
2-65-60 and
Sections 2-65-80
through
2-65-120 Joint Appropriations
Review
Committee
(g) Chapter 68
of Title 2 Joint Legislative
Committee
on Cultural Affairs
(h) Chapter 73
of Title 2 Joint Committee on the
Disabled
(i) Chapter 21
of Title 51 Committee on Tourism
D. This section takes effect July 1, 1996, except that subsections A, B, C(1), and C(2)(f) are effective January 1, 1997./
Renumber sections & amend totals/title to conform.
Rep. MARCHBANKS explained the amendment.
The amendment was then adopted.
Reps. TOWNSEND, McCRAW, SHARPE, SCOTT, J. BROWN, BYRD, LITTLEJOHN, PHILLIPS and TROTTER proposed the following Amendment No. 108 (Doc Name P:\amend\GJK\22402HTC.96), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding a new SECTION to be appropriately numbered to read:
TO AMEND SECTION 1-11-730, AS AMENDED, OF THE 1976 CODE, RELATING TO PERSONS ELIGIBLE TO PARTICIPATE IN THE STATE INSURANCE PLANS, SO AS TO AUTHORIZE PARTICIPATION BY A FORMER MEMBER OF THE GENERAL ASSEMBLY WITH AT LEAST EIGHT YEARS CREDITED SERVICE IN THE GENERAL ASSEMBLY RETIREMENT SYSTEM UPON PAYMENT OF THE CONTRIBUTION REQUIRED OF CURRENT EMPLOYEES RATHER THAN THE FULL PREMIUM COST.
Section 1-11-730(B) of the 1976 Code, as added by Act 364 of 1992, is amended to read:
"(B) A member of the General Assembly who leaves office or retires with at least eight years credited service in the General Assembly Retirement System is eligible to participate in the plans by paying the full current employee share of premium costs as determined by the State Budget and Control Board."
Renumber sections & amend totals/title to conform.
Rep. TOWNSEND explained the amendment.
Rep. ROBINSON raised the Point of Order that Amendment No. 108 was out of order as it was not germane in that it did not relate back to Part I.
Rep. TOWNSEND argued contra the Point.
Rep. ROBINSON stated that it eliminated retirees from paying both employer and employee shares and if they are currently doing that, then there is no money for employer shares in Part I.
Rep. TOWNSEND stated that it was rolled over.
SPEAKER Pro Tempore HASKINS stated that it did not relate back to Part I and he sustained the Point of Order and ruled the amendment out of order.
Reps. J. HARRIS and SHARPE proposed the following Amendment No. 113 (Doc Name P:\amend\DKA\3553CM.96), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 50-11-760, AS AMENDED, OF THE 1976 CODE, RELATING TO THE PROHIBITION OF HUNTING FROM CERTAIN PUBLIC ROADS AND RAILROAD RIGHTS-OF-WAY AND PENALTY PROVISIONS, SO AS TO PROVIDE THAT HUNTING FROM ALL PUBLIC HIGHWAYS, HIGHWAY RIGHTS-OF-WAY AND RIGHTS-OF-WAY OWNED BY RAILROADS IS PROHIBITED, AND TO REQUIRE THE DEPARTMENT OF NATURAL RESOURCES AND THE DEPARTMENT OF PUBLIC SAFETY TO USE FUNDS APPROPRIATED IN THE ANNUAL APPROPRIATIONS ACT TO ENFORCE THE PROVISIONS OF THIS SECTION.
Section 50-11-760 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-11-760. (A) The hunting of all game from all public roads highways, highway rights-of-way, and rights-of-way owned by railroads is prohibited whenever the public roads or railroad rights-of-way are adjacent to lands that are posted against trespassing or hunting. The provisions of this section do not apply to hunting by owners of the adjacent lands or by persons who have permission of the owners to hunt the adjacent lands. 'Hunting' as used in this section includes the hunting of deer by occupying stands therefor. Any A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or be imprisoned for a period not to exceed more than thirty days.
(B) The Department of Natural Resources and the Department of Public Safety must use funds appropriated in the annual appropriations act to enforce the provisions of this section."/
Renumber sections & amend totals/title to conform.
Rep. J. HARRIS explained the amendment.
Rep. RHOAD raised the Point of Order that Amendment No. 113 was out of order as it was not germane.
Rep. J. HARRIS stated that it tied back into the county fine money.
SPEAKER Pro Tempore HASKINS stated that it directly affected an appropriation and he overruled the Point of Order.
Rep. J. HARRIS continued speaking.
Rep. J. HARRIS moved to adjourn debate upon the amendment.
Rep. RHOAD moved to table the motion, which was agreed to.
Rep. RHOAD moved to table the amendment, which was agreed to.
Rep. TOWNSEND proposed the following Amendment No. 122 (Doc Name P:\amend\JIC\5354SD.96), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section appropriately numbered to read:
TO AMEND SECTION 59-26-20, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION INCLUDING DUTIES WITH REGARD TO THE SOUTH CAROLINA STUDENT LOAN PROGRAM AND THE GOVERNOR'S TEACHING SCHOLARSHIP LOAN PROGRAM, SO AS TO REVISE THE MANNER IN WHICH LOANS UNDER THESE PROGRAMS MAY BE CANCELED.
(1) Section 59-26-20(k) of the 1976 Code, as last amended by Act 259 of 1992, is further amended to read:
"(k) The Commission on Higher Education, in consultation with the State Department of Education and the staff of the South Carolina Student Loan Corporation, shall develop a loan program whereby talented and qualified state residents may be provided loans to attend public or private colleges and universities for the sole purpose and intent of becoming certified teachers employed in the State in areas of critical need. Areas of critical need shall include both rural areas and areas of teacher certification and must be defined annually for that purpose by the State Board of Education. The recipient of a loan is entitled to have up to one hundred percent of the amount of the loan plus the interest canceled if he becomes certified and teaches in an area of critical need. The loan must be canceled at the rate of twenty percent of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in either an academic critical need area or in a geographic need area. Beginning July 1, 1989, the loan must be canceled at the rate of thirty-three and one-third percent of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in both an academic critical need area and a geographic need area. Each complete year of teaching service in an academic critical need area or in a geographic need area shall cancel the unpaid principal on the loan plus the interest that has accrued on that portion of the principal which is attributable to the cost, as determined by the commission, of twenty-four credit hours of instruction at the institution attended; provided, that if the complete year of teaching service is in both an area of academic critical need and an area of geographic critical need, the cost of thirty-six credit hours of instruction shall be canceled in the manner provided in this section. The credit hours must be canceled in the order they were completed with the credit hours earned first being canceled first. 'Cost' as used herein means any educational cost which the student was entitled to pay from the proceeds of the loan. In case of failure to make a scheduled repayment of any installment, failure to apply for cancellation of deferment of the loan on time, or noncompliance by a borrower with the intent of the loan, the entire unpaid indebtedness including accrued interest, at the option of the commission, shall become immediately due and payable. The recipient shall execute the necessary legal documents to reflect his obligation and the terms and conditions of the loan. The loan program, if implemented, pursuant to the South Carolina Education Improvement Act, is to be administered by the South Carolina Student Loan Corporation. Funds generated from repayments to the loan program must be retained in a separate account and utilized as a revolving account for the purpose that the funds were originally appropriated. Appropriations for loans and administrative costs incurred by the corporation are to be provided in annual amounts, recommended by the Commission on Higher Education, to the State Treasurer for use by the corporation. The select committee shall review the loan program annually and report to the General Assembly."
(2) Section 59-26-20(o) of the 1976 Code, as last amended by Act 259 of 1992, is further amended to read:
"(o) The Commission on Higher Education in consultation with the State Department of Education and the staff of the South Carolina Student Loan Corporation, shall develop a Governor's Teaching Scholarship Loan Program to provide talented and qualified state residents loans not to exceed five thousand dollars a year to attend public or private colleges and universities for the purpose of becoming certified teachers employed in the public schools of this State. The recipient of a loan is entitled to have up to one hundred percent of the amount of the loan plus the interest on the loan canceled if he becomes certified and teaches in the public schools of this State for at least five years. The loan is canceled at the rate of twenty percent of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in a public school. However, beginning July 1, 1990, the loan is canceled at the rate of thirty-three and one-third percent of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in both an academic critical need area and a geographic need area as defined annually by the State Board of Education. Each complete year of teaching service in a public school shall cancel the unpaid principal on the loan plus the interest that has accrued on that portion of the principal which is attributable to the cost, as determined by the commission, of twenty-four credit hours of instruction at the institution attended; provided, that if the complete year of teaching service is in both an academic critical need area and a geographic need area, the cost of thirty-six credit hours of instruction shall be canceled in the manner provided in this section. The credit hours must be canceled in the order they were completed with the credit hours earned first being canceled first. 'Cost' as used herein means any educational cost which the student was entitled to pay from the proceeds of the loan. In case of failure to make a scheduled repayment of any installment, failure to apply for cancellation or deferment of the loan on time, or noncompliance by a borrower with the purpose of the loan, the entire unpaid indebtedness plus interest is, at the option of the commission, immediately due and payable. The recipient shall execute the necessary legal documents to reflect his obligation and the terms and conditions of the loan. The loan program must be administered by the South Carolina Student Loan Corporation. Funds generated from repayments to the loan program must be retained in a separate account and utilized as a revolving account for the purpose of making additional loans. Appropriations for loans and administrative costs must come from the Education Improvement Act of 1984 Fund, on the recommendation of the Commission on Higher Education to the State Treasurer, for use by the corporation. The select committee shall review this scholarship loan program annually and report its findings and recommendations to the General Assembly. For purposes of this item, a 'talented and qualified state resident' includes freshmen students who graduate in the top ten percentile of their high school class, or who receive a combined verbal plus mathematics Scholastic Aptitude Test score of at least eleven hundred and enrolled students who have completed one year (two semesters or the equivalent) of collegiate work and who have earned a cumulative grade point average of at least 3.5 on a 4.0 scale. To remain eligible for the loan while in college, the student must maintain at least a 3.0 grade point average on a 4.0 scale."
(3) The provisions of this section shall be construed to be the payback method referred to in Part IB, Section 19A, Paragraph 46 under which students receiving student loans and Governor's Teaching Scholarships provided from EIA funds are permitted to pay back such loans or scholarships./
Renumber sections & amend totals/title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Reps. KNOTTS, KOON, RISER, WRIGHT, WHATLEY and LIMEHOUSE proposed the following Amendment No. 164 (Doc Name P:\amend\DKA\3568HTC.96), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new SECTION, appropriately numbered, to read:
TO AMEND SECTION 12-36-2110 OF THE 1976 CODE, RELATING TO THE MAXIMUM SALES TAX ON CERTAIN TRANSACTIONS, SO AS TO DELETE THIS MAXIMUM TAX EXCEPT FOR THE MAXIMUM TAX ON THE SALES OF MUSICAL INSTRUMENTS SOLD TO RELIGIOUS ORGANIZATIONS; TO AMEND SECTION 12-36-2120, RELATING TO SALES TAX EXEMPTIONS, SO AS TO REVISE THESE EXEMPTIONS, DELETE CERTAIN EXEMPTIONS, AND PROVIDE THAT A SALES TAX OF THREE AND ONE-HALF PERCENT SHALL BE ASSESSED ON THE GROSS PROCEEDS OF THE SALE OF FOOD WHICH MAY BE PURCHASED LAWFULLY WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD STAMPS; AND TO PROVIDE FOR THE USE OF THE ADDITIONAL REVENUE GENERATED BY THE ABOVE PROVISIONS.
A. Section 12-36-2110 of the 1976 Code is amended to read:
"Section 12-36-2110. (A) The maximum tax imposed by this chapter is three hundred dollars for each sale made after June 30, 1984, or lease executed after August 31, 1985, of each:
(1) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;
(2) motor vehicle;
(3) motorcycle;
(4) boat;
(5) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, and horse trailers but not including house trailers or campers as defined in Section 56-3-710;
(6) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or
(7) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower.
In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals three hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days.
(B) For the sale of a manufactured home, as defined in Section 40-29-20, the tax is calculated as follows:
(1) subtract trade-in allowance from the sales price;
(2) multiply the result from (1) by sixty-five percent;
(3) if the result from (2) is no greater than six thousand dollars, multiply by five percent for the amount of tax due;
(4) if the result from (2) is greater than six thousand dollars, the tax due is three hundred dollars plus two percent of the amount greater than six thousand dollars.
However, a manufactured home is exempt from any tax that may be due above three hundred dollars as a result of the calculation in item (4) if it meets these energy efficiency levels: storm or double pane glass windows, insulated or storm doors, a minimum thermal resistance rating of the insulation only of R-11 for walls, R-19 for floors, and R-30 for ceilings. However, variations in the energy efficiency levels for walls, floors, and ceilings are allowed and the exemption on tax due above three hundred dollars applies if the total heat loss does not exceed that calculated using the levels of R-11 for walls, R-19 for floors, and R-30 for ceilings. The edition of the American Society of Heating, Refrigerating, and Air Conditioning Engineers Guide in effect at the time is the source for heat loss calculation. The dealer selling the manufactured home must maintain records, on forms provided by the State Energy Office, on each manufactured home sold which contains the above calculations and verifying whether or not the manufactured home met the energy efficiency levels provided for in this subsection. These records must be maintained for three years and must be made available for inspection upon request of the Department of Consumer Affairs or the State Energy Office.
(C) For the sale of each musical instrument, or each piece of office equipment, purchased by a religious organization exempt under Internal Revenue Code Section 501(c)(3), the maximum tax imposed by this chapter is three hundred dollars. The musical instrument or office equipment must be located on church property and used exclusively for the organizations exempt purpose. The religious organization must furnish to the seller an affidavit on forms prescribed by the commission. The affidavit must be retained by the seller.
(D) The maximum tax levied pursuant to this chapter on the sale or use of each item of machinery for research and development is three hundred dollars. As used in this subsection, "machinery for research and development" means machinery used directly and exclusively in research and development in the experimental or laboratory sense for new products, new uses for existing products, or for improving existing products. To be eligible for the limitation imposed by this subsection, the machinery must be located in a separate facility devoted exclusively to research and development as defined in this subsection. The limitation does not extend to machinery used in connection with efficiency surveys, management studies, consumer surveys, economic surveys, advertising, promotion, or research in connection with literary, historical, or similar projects."
B. Section 12-36-2120 of the 1976 Code, as last amended by Act 61 of 1995, is further amended to read:
"Section 12-36-2120. Exempted from the taxes imposed by this chapter are the gross proceeds of sales, or sales price of:
(1) tangible personal property or receipts of any business which the State is prohibited from taxing by the Constitution or laws of the United States of America or by the Constitution or laws of this State;
(2) tangible personal property sold to the federal government;
(3) (a) textbooks, books, magazines, periodicals, newspapers, and access to on-line information systems sold to primary and secondary schools and institutions of higher learning for use in a course of study in primary and secondary schools and institutions of higher learning or for students' use in the school library of these schools and institutions;
(b) books, magazines, periodicals, newspapers, and access to on-line information systems sold to publicly supported state, county, or regional libraries;
Items in this category may be in any form, including microfilm, microfiche, and CD ROM;
(4)(3) livestock. 'Livestock' is defined as domesticated animals customarily raised on South Carolina farms for use primarily as beasts of burden, or food, and certain mammals when raised for their pelts or fur. Animals such as dogs, cats, reptiles, fowls (except baby chicks and poults), and animals of a wild nature, are not considered livestock;
(5)(4) feed used for the production and maintenance of poultry and livestock;
(6)(5) insecticides, chemicals, fertilizers, soil conditioners, seeds, or seedlings, or nursery stock, used solely in the production for sale of farm, dairy, grove, vineyard, or garden products or in the cultivation of poultry or livestock feed;
(7)(6) containers and labels used in:
(a) preparing agricultural, dairy, grove, or garden products for sale; or
(b) preparing turpentine gum, gum spirits of turpentine, and gum resin for sale.
For purposes of this exemption, containers mean boxes, crates, bags, bagging, ties, barrels, and other containers;
(8) newsprint paper, newspapers, and religious publications, including the Holy Bible and the South Carolina Department of Agricultures The Market Bulletin;
(9) coal, or coke or other fuel sold to manufacturers, electric power companies, and transportation companies for:
(a) use or consumption in the production of by-products;
(b) the generation of heat or power used in manufacturing tangible personal property for sale. For purposes of this item, 'manufacturer' or 'manufacturing' includes the activities of a processor;
(c) the generation of electric power or energy for use in manufacturing tangible personal property for sale; or
(d) the generation of motive power for transportation. For the purposes of this exemption, 'manufacturer' or 'manufacturing' includes the activities of mining and quarrying;
(10)(7) (a) meals or foodstuffs used in furnishing meals to school children, if the sales or use are within school buildings and are not for profit;
(b) meals or foodstuffs provided to elderly or disabled persons at home by nonprofit organizations that receive only charitable contributions in addition to sale proceeds from the meals;
(c) food stuffs, either prepared or packaged for the homeless or needy that are sold to nonprofit organizations, or food stuffs that are subsequently sold or donated by a nonprofit organization to another nonprofit organization. This subitem is only applicable to food stuffs which are eligible for purchase under the USDA food stamp program;
(11) (a) toll charges for the transmission of voice or messages between telephone exchanges;
(b) charges for telegraph messages; and
(c) carrier access charges and customer access line charges established by the Federal Communications Commission or the South Carolina Public Service Commission;
(12) water sold by public utilities, if rates and charges are of the kind determined by the Public Service Commission, or water sold by nonprofit corporations organized pursuant to Sections 33-35-10 to 33-35-170;
(13) fuel, lubricants, and supplies for use or consumption aboard ships in intercostal trade or foreign commerce. This exemption does not exempt or exclude from the tax the sale of materials and supplies used in fulfilling a contract for the painting, repair, or reconditioning of ships and other watercraft;
(14) wrapping paper, wrapping twine, paper bags, and containers, used incident to the sale and delivery of tangible personal property;
(15)(8)(a) gasoline and other fuels subject to tax under Chapter 27 of Title 12; however, gasoline used in aircraft is not exempt from the sales and use tax;
(b) fuels subject to tax under Chapter 29 of Title 12; however, if the fuel tax is subsequently refunded under Section 12-29-380, the sales or use tax is due unless otherwise exempt, and the person receiving the refund is liable for the sales or use tax;
(c) fuels used in farm machinery and farm tractors; and
(d) fuels used in commercial fishing vessels;
(16)(9) farm machinery and their replacement parts and attachments, used in planting, cultivating, or harvesting farm crops, including bulk coolers (farm dairy tanks) used in the production and preservation of milk on dairy farms, and machines used in the production of poultry and poultry products on poultry farms, when such products are sold in the original state of production or preparation for sale. This exemption does not include automobiles or trucks;
(17)(10) machines used in ginning cotton, manufacturing, processing, compounding, mining, or quarrying tangible personal property for sale. 'Machines' include the parts of machines, attachments, and replacements used, or manufactured for use, on or in the operation of the machines and which are necessary to the operation of the machines and are customarily so used. This exemption does not include automobiles or trucks;
(18)(11) fuel used exclusively to cure agricultural products;
(19) electricity used by cotton gins, manufacturers, miners, or quarriers to manufacture, mine, or quarry tangible personal property for sale. For purposes of this item, "manufacture" or "manufacture" includes the activities of processors;
(20) railroad cars, locomotives, and their parts, monorail cars, and the engines or motors that propel them, and their parts;
(21) vessels and barges of more than fifty tons burden;
(22) materials necessary to assemble missiles to be used by the Armed Forces of the United States;
(23)(12) farm, grove, vineyard, and garden products, if sold in the original state of production or preparation for sale, when sold by the producer or by members of the producer's immediate family;
(24) supplies and machinery used by laundries, cleaning, dyeing, pressing, or garment or other textile rental establishments in the direct performance of their primary function, but not sales of supplies and machinery used by coin-operated laundromats;
(25) motor vehicles (excluding trucks) or motorcycles, which are required to be licensed to be used on the highways, sold to a resident of another state, but who is located in South Carolina by reason of orders of the United States Armed Forces. This exemption is allowed only if within ten days of the sale the vendor is furnished a statement from a commissioned officer of the Armed Forces of a higher rank than the purchaser certifying that the buyer is a member of the Armed Forces on active duty and a resident of another state or if the buyer furnishes a leave and earnings statement from the appropriate department of the armed services which designates the state of residence of the buyer;
(26) all supplies, technical equipment, machinery, and electricity sold to radio and television stations, and cable television systems, for use in producing, broadcasting, or distributing programs. For the purpose of this exemption, radio stations, television stations, and cable television systems are deemed to be manufacturers;
(27) all plants and animals sold to any publicly supported zoological park or garden or to any of its nonprofit support corporations;
(28)(13) (a) medicine and prosthetic devices sold by prescription, and free samples of prescription medicine distributed by its manufacturer and any use of these free samples;
(b) hypodermic needles, insulin, alcohol swabs, and blood sugar testing strips sold to diabetics under the authorization and direction of a physician;
(c) medicine donated by its manufacturer to a public institution of higher education for research or for the treatment of indigent patients; and
(d) dental prosthetic devices;
(29)(14) Reserved; food which may be purchased lawfully with United States Department of Agriculture food stamps shall be subject to a sales tax equal to three and one-half percent of the gross proceeds of the sale of such food;
(30) office supplies, or other commodities, and services resold by the Division of General Services of the State Budget and Control Board to departments and agencies of the state government, if the tax was paid on the divisions original purchase;
(31) vacation time sharing lease plans as provided by Chapter 32 of Title 27;
(32)(15) natural and liquefied petroleum gas and electricity used exclusively in the production of poultry, livestock, swine, and milk;
(33) electricity, natural gas, fuel oil, kerosene, LP gas, coal, or any other combustible heating material or substance used for residential purposes. Individual sales of kerosene of twenty gallons or less by retailers are considered used for residential heating purposes;
(34) thirty-five percent of the gross proceeds of the sale of modular homes as defined in Section 31-17-20;
(35) motion picture film sold or rented to or by theaters;
(36) tangible personal property where the seller, by contract of sale, is obligated to deliver to the buyer, or to an agent or donee of the buyer, at a point outside this State or to deliver it to a carrier or to the mails for transportation to the buyer, or to an agent or donee of the buyer, at a point outside this State;
(37) petroleum asphalt products, commonly used in paving, purchased in this State, which are transported and consumed out of this State;
(38)(16) hearing aids, as defined by Section 40-25-20(5);
(39) concession sales at a festival by an organization devoted exclusively to public or charitable purposes, if:
(a) all the net proceeds are used for those purposes;
(b) the festival is listed as a special event in the calendar of events provided by the South Carolina Department of Parks, Recreation and Tourism; and
(c) in advance of the festival, its organizers provide the commission, on a form it prescribes, information necessary to insure compliance with this item. For purposes of this item, a 'festival' does not include a recognized state or county fair;
(40) containers and chassis, including all parts, components, and attachments, sold to international shipping lines which have a contractual relationship with the South Carolina State Ports Authority and which are used in the import or export of goods to and from this State. The exemption allowed by this item is effective for sales after June 30, 1982;
(41) items sold by organizations exempt under Section 12-37-220 A(3) and (4) and B(5), (6), (7), (8), (12), (16), (19), (22), and (24), if the net proceeds are used exclusively for exempt purposes and no benefit inures to any individual. An organization whose sales are exempted by this item is also exempt from the retail license tax provided in Article 5 of this chapter. The exemption allowed by this item is effective for sales after June 30, 1989;
(42) depreciable assets, used in the operation of a business, pursuant to the sale of the business. This exemption only applies when the entire business is sold by the owner of it, pursuant to a written contract and the purchaser continues operation of the business. The exemption allowed by this item is effective for sales after June 30, 1987.
(43) all supplies, technical equipment, machinery, and electricity sold to motion picture companies for use in filming or producing motion pictures. For the purposes of this item, 'motion picture' means any audiovisual work with a series of related images either on film, tape, or other embodiment, where the images shown in succession impart an impression of motion together with accompanying sound, if any, which is produced, adapted, or altered for exploitation as entertainment, advertising, promotional, industrial, or educational media; and a 'motion picture company' means a company generally engaged in the business of filming or producing motion pictures;
(44)(17) electricity used to irrigate crops;
(45)(18) building materials, supplies, fixtures, and equipment for the construction, repair, or improvement of or that become a part of a self-contained enclosure or structure specifically designed, constructed, and used for the commercial housing of poultry or livestock.;
(46)(19) War memorials or monuments honoring units or contingents of the Armed Forces of the United States or of the National Guard, including United States military vessels, which memorials or monuments are affixed to public property;
(47)(20) tangible personal property sold to charitable hospitals predominantly serving children exempt under Section 12-37-220, where care is provided without charge to the patient.
(48) solid waste disposal collection bags required pursuant to the solid waste disposal plan of a county or other political subdivision if the plan requires the purchase of a specifically designated containment bag for solid waste disposal;
(49) postage purchased by a person engaged in the business of selling advertising services for clients consisting of mailing, or directing the mailing of, printed advertising material through the United States mail directly to the client's customers or potential customers or by a person to mail or direct the mailing of printed advertising material through the United States mail to a potential customer;
(50)(a) recycling property;
(b) electricity, natural gas, propane, or fuels of any type, oxygen, hydrogen, nitrogen, or gasses of any type, and fluids and lubricants used by a qualified recycling facility;
(c) tangible personal property which becomes, or will become, an ingredient or component part of products manufactured for sale by a qualified recycling facility;
(d) tangible personal property of or for a qualified recycling facility which is or will be used (1) for the handling or transfer of postconsumer waste material, (2) in or for the manufacturing process, or (3) in or for the handling or transfer of manufactured products;
(e) machinery and equipment foundations used or to be used by a qualified recycling facility;
(f) as used in this item, "recycling property", "qualified recycling facility", and "postconsumer waste material" have the meanings provided in Section 12-7-1275(A);"
C. The additional revenue generated each fiscal year beginning on July 1, 1996, as determined by the State Treasurer from the amendments to Sections 12-36-2110 and 12-36-2120 of the 1976 Code as contained in this section must be used annually in the manner the General Assembly shall provide in the annual general appropriations act for recurring ad valorem personal property tax relief on motor vehicles and boats and motors.
D. This section takes effect July 1, 1996./
Renumber sections & amend totals/title to conform.
Rep. KNOTTS explained the amendment.
Rep. MEACHAM moved to table the amendment.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Brown, H. Brown, J. Cain Cato Chamblee Dantzler Davenport Easterday Felder Fulmer Hallman Harrell Harris, P. Harrison Haskins Herdklotz Jaskwhich Keegan Kirsh Klauber Law Limbaugh Loftis Marchbanks Mason McAbee McMahand McTeer Meacham Moody-Lawrence Quinn Rice Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stoddard Townsend Tripp Trotter Wells Wilder Wofford Worley
Those who voted in the negative are:
Allison Bailey Breeland Brown, G. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Cotty Cromer Delleney Fleming Gamble Govan Harris, J. Harvin Hines, J. Hines, M. Hodges Howard Hutson Inabinett Jennings Kelley Keyserling Kinon Knotts Koon Lee Limehouse Littlejohn Lloyd McCraw McElveen McKay Neal Phillips Rhoad Richardson Riser Rogers Scott Sheheen Shissias Spearman Stille Stuart Thomas Waldrop Walker Whatley Whipper, L. Whipper, S. White Wilkes Witherspoon Wright
So, the House refused to table the amendment.
Rep. H. BROWN spoke against the amendment.
Rep. H. BROWN raised the Point of Order that Amendment No. 164 was out of order as it affected over 50 percent of the population.
Rep. QUINN stated that it eliminated telephone exemptions to everyone who owned a telephone and that was certainly a majority.
SPEAKER Pro Tempore HASKINS cited Section 11-11-440 which states that the General Assembly may not provide for any general tax increase or enact any new general taxes in the permanent provisions of the State General Appropriations Act or act supplemental thereto and must be done by separate act. He further stated that general tax increases and new general taxes mean tax increases which apply to over 50 percent of the population as a whole.
Rep. SHEHEEN stated that it had to be presented how many phones were in service.
Rep. QUINN stated that everyone had a telephone.
SPEAKER Pro Tempore HASKINS stated that it could not be applied as a pass through cost. He further stated that the Rule was clear and that you had to show that at least 50 percent of the population would have an increase in taxes.
Rep. HARRELL stated that on Line 33 it referred to electricity for residential purposes and that would be directly on an individual's electric bill and certainly over 50 percent of the population had electricity.
Rep. SHEHEEN stated that you still had to have the number of people affected and how many people owned those houses and if that was over 50 percent.
Rep. QUINN stated that it dealt with the direct customer cost on the telephone and also public utilities. He further stated it had several exemptions that related to consumers that were clearly a majority of the population of the state.
SPEAKER Pro Tempore HASKINS stated that on March 18, 1993, there was an amendment to raise taxes on tobacco products and Rep. Rudnick raised the Point that it affected over 50 percent of the population. He further stated that Rep. Haskins had argued that it was shifting the burden and that it was speculative of what percentage of the population was affected and there was nothing pointed out then to give actual numbers of people affected and that Speaker Sheheen had sustained the Point of Order and ruled the amendment out of order.
Rep. HODGES cited a precedent from March of 1994 when Reps. Koon and Sturkie had an amendment that increased the sales tax to reduce property tax and he stated that it had been ruled in order.
SPEAKER Pro Tempore HASKINS further cited Section 33 on Page 22 which increased the tax on every residence in South Carolina with electricity and unless there were evidence presented that it would be fewer than half of the residences, then he would have to sustain the Point of Order. He further sustained the Point of Order and ruled the amendment out of order.
Rep. WITHERSPOON proposed the following Amendment No. 176 (Doc Name P:\amend\DKA\3574HTC.96), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 50-3-316, AS AMENDED, OF THE 1976 CODE, RELATING TO THE REQUIREMENTS FOR ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REQUIRE THE DEPARTMENT TO EMPLOY THE MOST QUALIFIED APPLICANTS, REQUIRE OFFICERS TO RESIDE WITHIN FIFTEEN MILES OF THE COUNTY FOR WHICH THEY ARE EMPLOYED, AND PROVIDE FOR FUNDING FOR ENFORCEMENT OFFICERS.
A. Section 50-3-316 of the 1976 Code, as amended by Section 1258 of Act 181 of 1993, is further amended to read:
"Section 50-3-316. The department shall, In employing enforcement officers, the department shall use the criteria as required by the Division of Human Resource Management and the department, which shall. The criteria must include, but are not limited to, a written examination, physical examination, and interview. Each applicant shall be is required to perform at minimal levels as required by the Division of Human Resource Management and the department. The department shall employ the most qualified applicants. If an enforcement officer does not reside in the county or within fifteen miles of the county for which he is employed, he shall move to the county or within fifteen miles of the county at his expense within three months of employment. Enforcement officers must be compensated from funds provided to the department in the annual general appropriations act.
The department, when employing enforcement officers within a particular county, must hire those applicants, if any, who meet the minimum employment qualification requirements as required by the Division of Human Resource Management and the department and who reside within that particular county before the department may hire other qualified applicants who reside outside that county.
If more than one vacancy exists in a county, the resident candidate with the next highest score will be chosen to fill the second vacancy. Additional vacancies would be filled in the same manner.
If there are no candidates for that county who meet the minimum requirements, the vacancy will be filled by the top scoring candidate regardless of county of residence."
B. This section takes effect July 1, 1996./
Renumber sections & amend totals/title to conform.
Rep. WITHERSPOON explained the amendment.
Rep. H. BROWN raised the Point of Order that Amendment No. 176 was out of order as it was not germane.
Rep. WITHERSPOON argued contra the Point.
The SPEAKER overruled the Point of Order.
Rep. McABEE moved to table the amendment, which was agreed to by a division vote of 36 to 33.
Reps. QUINN, HARRELL, LIMEHOUSE, H. BROWN, HARRISON, HASKINS, VAUGHN, ROBINSON and KLAUBER proposed the following Amendment No. 177 (Doc Name P:\amend\BBM\10629AC.96), which was tabled.
Amend the bill, as and if amended, Part II by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 59-145-30 SO AS TO PROVIDE THAT IF THE CITADEL SINGLE-GENDER PROGRAM IS FOUND TO BE UNCONSTITUTIONAL NO HIGHER EDUCATION INSTITUTION OR AGENCY MAY RECEIVE OR EXPEND STATE FUNDS IF THE INSTITUTION OR AGENCY MAINTAINS A SINGLE-GENDER EDUCATION PROGRAM.
A. The 1976 Code is amended by adding:
"Section 59-145-30. Notwithstanding any other provision of law, if the Single-Gender Education Program of the Citadel is conclusively determined by a court of competent jurisdiction to violate the laws or Constitution of this State or the United States, any state higher education agency, institution, or entity maintaining a single-gender education program may not be appropriated or may not expend state funds from any source, if the agency, institution, or entity maintains a program of single-gender education. Further, no state higher education agency, institution or entity, including the S.C. Commission on Higher Education Tuition Grants, may allocate, distribute, or award state appropriated funds to any person or institution of higher education, if the state funds benefit, directly or indirectly, an institution of higher education that maintains a program of single-gender education."
B. This section takes effect July 1, 1996./
Renumber sections & amend totals/title to conform.
Rep. QUINN explained the amendment.
Rep. COBB-HUNTER moved to table the amendment.
Rep. HALLMAN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 52 to 32.
Rep. STODDARD proposed the following Amendment No. 182 (Doc Name P:\amend\DKA\3575CM.96), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 40-39-100, AS AMENDED, RELATING TO INTEREST ON LOANS PAWNBROKERS MAY CHARGE, SO AS TO PROVIDE THAT A PAWNBROKER MAY PURCHASE AN ADDITIONAL LICENSE THAT PERMITS THE PAWNBROKER TO ENGAGE IN CERTAIN TRANSACTIONS.
A. Section 40-39-100 of the 1976 Code, as last amended by Act 491 of 1988, is further amended to read:
"Section 40-39-100. (A) Pawnbrokers may charge interest on loans not exceeding the following amounts:
(1) at the rate of two dollars and fifty cents per for each thirty-day period for each ten dollars loaned for the first fifty dollars loaned;
(2) at the rate of two dollars per for each thirty-day period for each ten dollars loaned on that portion of the loan exceeding fifty dollars but not exceeding one hundred dollars;
(3) at the rate of one dollar and fifty cents per for each thirty-day period for each ten dollars loaned on that portion of the loan exceeding one hundred dollars but not exceeding two hundred dollars;
(4) at the rate of one dollar per for each thirty-day period for each ten dollars loaned on that portion of the loan exceeding two hundred dollars but not exceeding one thousand dollars;
(5) at the rate of fifty cents per for each thirty-day period for each ten dollars loaned on that portion of the loan exceeding one thousand dollars but not exceeding two thousand dollars.
(B) No A pawnbroker may not separate or divide a pawn transaction into two or more transactions for the purpose or with the effect of obtaining a total pawn interest rate in excess of that authorized for an amount financed equal to the total of the amounts financed in the resulting transactions.
(C) No A pawnbroker may not make a loan in excess of two thousand dollars. Every pawnbroker shall post these rates in a form which is prescribed by the administrator. The following statement must be included in the posted rate schedule:
"Consumers: All pawnbrokers operating in South Carolina are required by law to post a schedule showing the maximum rate of LOAN FINANCE CHARGES stated as dollars for each ten dollars for each thirty-day period that the pawnbroker intends to charge for various types of pawn transactions. The purpose of this requirement is to assist you in comparing the maximum rates that pawnbrokers charge, thereby furthering your understanding of the terms of pawn transactions and helping you to avoid the uninformed use of credit.
NOTE: Pawnbrokers are prohibited only from granting credit at rates higher than those specified above. A pawnbroker may be willing to grant you credit at rates that are lower than those specified, depending on the amount, terms, collateral, and your credit worthiness.
(D) An additional license may be obtained for an additional one hundred dollars each year that permits the pawnbroker to enter into loans at a rate of thirty-five cents for each thirty-day period for each ten dollars loaned on the portion of the loan exceeding four thousand dollars. This fee, along with the fee contained in Section 40-39-120, must be deposited with the Department of Consumer Affairs."
B. This section takes effect July 1, 1996./
Renumber sections & amend totals/title to conform.
Rep. STODDARD explained the amendment.
Rep. STUART raised the Point of Order that Amendment No. 182 was out of order as it was not germane.
Rep. STODDARD argued contra the Point.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. KELLEY proposed the following Amendment No. 185 (Doc Name P:\amend\BBM\10632DW.96), which was adopted.
Amend the bill, as and if amended, Part II by adding an appropriately numbered SECTION to read:
REQUIRING THE DEPARTMENT OF TRANSPORTATION TO TRANSFER ANNUALLY ONE HUNDRED THOUSAND DOLLARS FROM HIGHWAY FUNDS TO THE DEPARTMENT OF PUBLIC SAFETY TO FUND THE SOUTH CAROLINA MOTORCYCLE RIDER SAFETY EDUCATION PROGRAM AND PROVIDE THAT ANY UNEXPENDED FUNDS TRANSFERRED TO THE DEPARTMENT OF PUBLIC SAFETY LAPSE AND MAY NOT BE CARRIED FORWARD INTO THE NEXT FISCAL YEAR.
A. The Department of Transportation is required to transfer annually one hundred thousand dollars from highway funds to the Department of Public Safety to fund the South Carolina Motorcycle Rider Safety Education Program. However, any transferred funds not expended by the Department of Public Safety lapse and may not be carried forward into the next fiscal year.
B. This section takes effect July 1, 1996./
Renumber sections & amend totals/title to conform.
Rep. KELLEY explained the amendment.
The amendment was then adopted.
Reps. TOWNSEND, HARRELL and WELLS proposed the following Amendment No. 197 (Doc Name P:\amend\PFM\8046SD.96), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO PROVIDE THAT IF A SCHOOL DISTRICT ELECTS TO USE EDUCATIONAL IMPROVEMENT ACT APPROPRIATIONS FROM THE LOCAL SCHOOL INNOVATION FUND FOR ADULT EDUCATION, THESE FUNDS SHALL BE DISTRIBUTED TO THE REQUESTING SCHOOL DISTRICTS BY THE DEPARTMENT OF EDUCATION FOR THE PURPOSE OF PROVIDING BASIC ADULT EDUCATION IN ACCORDANCE WITH THE PROVISIONS OF LAW PERTAINING TO ADULT EDUCATION AS GOVERNED BY THE DEPARTMENT OF EDUCATION'S REGULATIONS AND THE STATE PLAN FOR ADULT EDUCATION.
Notwithstanding any other provision of law, if a school district elects to use Education Improvement Act appropriations from the Local School Innovation Fund for adult education, these funds shall be distributed to the requesting school district by the Department of Education for the purpose of providing basic adult education in accordance with the provisions of law pertaining to adult education as governed by the Department of Education's regulations and the State Plan for Adult Education./
Renumber sections & amend totals/title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Reps. JASKWHICH, HODGES, SEITHEL, CATO, KIRSH, VAUGHN, STILLE and QUINN proposed the following Amendment No. 198 (Doc Name P:\amend\BBM\10627SD.96), which was ruled out of order.
Amend the bill, as and if amended, Part II by adding an appropriately numbered SECTION to read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-703, SO AS TO PROVIDE THAT AN INDIVIDUAL EMPLOYED BY THE STATE, ITS AGENCIES, OR ANY OF ITS AFFILIATES WHO HAS DIRECTLY PARTICIPATED IN THE NEGOTIATION, SALE, OR APPROVAL OF STATE ASSETS IS PROHIBITED FROM PERSONALLY BENEFITING FROM SUCH TRANSACTION OR ACCEPTING A POSITION WITH THE ENTITY OR ENTITIES WHO PURCHASED OR LEASED SUCH STATE ASSETS, AND TO PROVIDE FOR A CIVIL PENALTY TO BE ASSESSED AND PAID INTO THE STATE GENERAL FUND FOR VIOLATIONS OF THE ABOVE PROVISION OCCURRING DURING FISCAL YEAR 1996-97 AND THEREAFTER.
(A) The 1976 Code is amended by adding:
"Section 8-13-703. An individual employed by the State, its agencies, or any of its affiliates, who has directly participated in the negotiation or approval of any sale or lease of state assets is prohibited from personally benefiting from such transaction. In addition, this individual is prohibited from accepting any position with or remuneration from the entity or entities purchasing or leasing such assets, or any party related to them."
(B) Any state employee violating the provisions of Section 8-13-703(A) during fiscal year 1996-97 or thereafter shall pay into the State general fund a civil penalty equal to one hundred percent of the benefit he received from such violation as determined by the State Ethics Commission./
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Rep. JASKWHICH explained the amendment.
Rep. LAW raised the Point of Order that Amendment No. 198 was out of order as it was not germane.
Rep. JASKWHICH, citing Section 71, argued contra the Point.
SPEAKER Pro Tempore HASKINS stated that the amendment referred to the sale of state assets and that was not referred to and that the amendment was to prohibit a state employee from benefiting from the sale of state property and that would not impact the general fund of the State and he sustained the Point of Order and ruled the amendment out of order.
Reps. STILLE, COBB-HUNTER, NEAL, McELVEEN and KIRSH proposed the following Amendment No. 201 (Doc Name P:\amend\201), which was rejected.
Amend the bill, as and if amended, to add an appropriately numbered section to Part II, to read as follows:
/SECTION 1. Of the money appropriated for use by the Department of Revenue and Taxation on line 15 on page 373 of Part IA of this Act, the Department of Revenue and Taxation must publish a notice on the back of the South Carolina Individual Income Tax Return Instruction Book that separately lists by dollar amount or percentage the amount of State expenditures for both the current and previous fiscal year for the following activities: Legislative Department, Judicial Department, Executive Department, K-12 Education, Higher Education, Other Education, Health Division, Public Safety Department, Social Rehabilitation Division, Correctional Department, Conservation and Natural Resources Division, Regulatory Division, Debt Service, Miscellaneous Division, and Transportation Division; and the notice must separately list and describe all taxes and fees that were increased over the previous year's level.
SECTION 2. This section shall be effective upon signature by the Governor./
Renumber sections & amend totals/title to conform.
Rep. STILLE explained the amendment.
Rep. H. BROWN moved to table the amendment, which was not agreed to by a division vote of 36 to 40.
Rep. WILKES spoke against the amendment.
Rep. STILLE spoke in favor of the amendment.
Rep. STUART raised the Point of Order that Amendment No. 201 was out of order as it was not germane.
Rep. STILLE cited Page 373, Line 36 and stated that it referred back to other operating expenses under the Department of Revenue.
SPEAKER Pro Tempore HASKINS overruled the Point of Order.
Rep. KIRSH spoke in favor of the amendment.
Rep. WILKES spoke against the amendment.
Rep. HARRELL spoke against the amendment.
The amendment was then rejected.
Reps. McELVEEN, COBB-HUNTER, NEAL, HODGES, SHEHEEN, HERDKLOTZ, SHISSIAS, STILLE, FELDER and SPEARMAN proposed the following Amendment No. 204 (Doc Name P:\amend\204), which was ruled out of order.
Amend the bill, as and if amended, to add an appropriately numbered section to Part II, to read as follows:
/SECTION 1.A. Subsection (C) of SECTION 4-9-55 of the 1976 Code is amended to read:
"(C) 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 Appropriations Act;
(6)(5) the Department of Education;
(7) special appropriations acts;
(8)(6) laws reauthorizing but not expanding then-existing statutory authority;
(9)(7) laws having a fiscal impact of less than ten cents per capita on a statewide basis; laws creating, modifying, or repealing noncriminal infractions."
B. This section is effective for fiscal years beginning after June 30, 1995.
SECTION 2. Up to five hundred dollars of the amount appropriated to the Budget and Control Board, Division of Operations on line 28, Page 76 of Part IA of this Act, shall be expended to produce a study on the budget provisions affected by this proviso./
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Rep. McELVEEN explained the amendment.
Rep. KLAUBER raised the Point of Order that Amendment No. 204 was out of order as it was not germane.
Rep. McELVEEN argued contra the Point in stating that Section 2 of the amendment related to a line item.
The SPEAKER inquired about the substantial effect portion of Rule 5.3.
Rep. McELVEEN stated that it depended on whether $500 was substantial.
Rep. ROBINSON stated that Section 1 had no relation to Part I and was not germane.
Rep. McELVEEN cited Rule 5.3 and stated that it was germane under the Rule. He further stated that his amendment was an 'anti-bobtailing' amendment.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Reps. CAVE, McABEE, COBB-HUNTER, NEAL, HERDKLOTZ, McCRAW, FELDER, KIRSH and McELVEEN proposed the following Amendment No. 208 (Doc Name P:\amend\208), which was rejected.
Amend the bill, as and if amended, by adding an appropriately numbered section in Part II of the bill as follows:
/SECTION 1. Chapter 45, Title 12 of the 1976 Code of Laws is amended by adding:
"SECTION 12-45-73. Every property tax bill for real property must include for each governmental entity imposing a property tax, the tax due for the preceding property tax year for both the operating and debt service for that entity, as well as the current year's tax due for operating and debt service purposes; provided, however that any increased costs due to acquisition or modification of computer software, computer hardware, tax forms, incremental increases in postage due to increased form size or weight, and any surcharges or increases in the cost of a contract between the governmental entity and a private service which handles property tax notice preparation, printing, or mailing for which the governmental entity is contractually bound to pay must be set forth in an affidavit submitted on behalf of the governmental entity to the Comptroller General and the Comptroller General shall then issue a voucher for the payment of the incremental cost of implementing this section, within forty-five days of receiving the affidavit, for which the Treasurer must issue a check drawn on the general fund of the State for the amount of the voucher within fifteen days of receipt.
SECTION 2. Of the funds appropriated to the Comptroller General on page 45, line 9, of Part IA of this Act, the Comptroller General may spend an amount, not to exceed ten dollars, to generate a report to the General Assembly detailing the cost of implementing this proviso.
SECTION 3. This section shall become effective upon signature of the Governor./
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Rep. CAVE explained the amendment.
Rep. H. BROWN raised the Point of Order that Amendment No. 208 was out of order as it was not germane.
Rep. CAVE argued contra the Point.
Rep. McABEE stated that it directed the Comptroller General to issue a voucher for the payment of the incremental cost of implementing the section and that it was germane.
The SPEAKER stated that it could be referred back to Part I and he overruled the Point of Order.
Rep. HARRELL moved to table the amendment.
Rep. CAVE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Brown, H. Cain Cato Cotty Dantzler Easterday Gamble Hallman Harrell Harrison Haskins Keegan Kelley Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McKay Quinn Rice Richardson Riser Robinson Sandifer Seithel Shissias Smith, R. Stuart Thomas Tripp Trotter Vaughn Walker Whatley Wilkins Witherspoon Wofford Worley Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Askins Baxley Breeland Brown, G. Brown, J. Byrd Canty Cave Chamblee Clyburn Cobb-Hunter Cromer Delleney Felder Fleming Govan Harris, J. Herdklotz Hines, J. Hodges Howard Inabinett Jaskwhich Jennings Keyserling Kirsh Lloyd McAbee McCraw McTeer Meacham Moody-Lawrence Neilson Phillips Rhoad Rogers Scott Sharpe Sheheen Simrill Spearman Stille Stoddard Townsend Tucker Waldrop Whipper, L. Whipper, S. White Wilder Wilkes
So, the House refused to table the amendment.
Rep. HARRELL spoke against the amendment.
Rep. CAVE spoke in favor of the amendment.
Rep. H. BROWN spoke against the amendment.
The amendment was then rejected.
Reps. WILKINS, HARRISON and D. SMITH proposed the following Amendment No. 210 (Doc Name P:\amend\DKA\3577HTC.96), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142 AND 5-21-70 SO AS TO IMPOSE LIMITS ON THE AUTHORITY OF COUNTIES AND MUNICIPALITIES TO IMPOSE NEW TAXES, RAISE THE RATES OF EXISTING TAXES AND UNIFORM SERVICE CHARGES AND PROVIDE EXCEPTIONS, TO AUTHORIZE COUNTIES AND MUNICIPALITIES TO IMPOSE UNIFORM SERVICE CHARGES ON ACCOMMODATIONS PROVIDED TRANSIENTS AND FOOD AND BEVERAGES SERVED IN ESTABLISHMENTS LICENSED FOR ON PREMISE CONSUMPTION FOR SPECIAL PURPOSES RELATING TO TOURISM, TO PROVIDE THE MAXIMUM RATES OF THESE CHARGES AND THE REQUIREMENTS FOR IMPOSITIONS AND RATE INCREASES, TO PROVIDE FOR A ROLLBACK TAX CALCULATION APPLICABLE TO MILLAGES IMPOSED FOR REASSESSMENT YEARS, AND TO REQUIRE THESE JURISDICTIONS TO CERTIFY COMPLIANCE WITH THE PROVISIONS OF THESE SECTIONS ANNUALLY IN WRITING TO THE COMPTROLLER GENERAL TO OBTAIN REIMBURSEMENT FOR THE HOMESTEAD EXEMPTIONS FOR THE ELDERLY OR DISABLED; BY ADDING SECTION 6-1-85 SO AS TO PROHIBIT POLITICAL SUBDIVISIONS, INCLUDING SCHOOL DISTRICTS, FROM IMPOSING TAXES OR FEES ON REAL PROPERTY TRANSFERS EXCEPT AS SPECIFICALLY AUTHORIZED BY GENERAL LAW AND TO PROVIDE A PHASE OUT PERIOD FOR JURISDICTION WHERE THESE TAXES OR FEES ARE CURRENTLY IMPOSED, AND TO REQUIRE ANNUAL COMPLIANCE REPORTS TO THE COMPTROLLER GENERAL IN ORDER TO OBTAIN REIMBURSEMENTS FOR THE HOMESTEAD EXEMPTION FOR THE ELDERLY OR DISABLED; AND TO AMEND SECTION 11-11-440, RELATING TO THE PROHIBITION ON GENERAL TAX INCREASES OR NEW GENERAL TAXES AS PERMANENT PROVISIONS IN APPROPRIATION BILLS, SO AS TO REQUIRE THE SEPARATE LEGISLATION REQUIRED FOR THESE PURPOSES TO PASS EACH HOUSE OF THE GENERAL ASSEMBLY BY AT LEAST A TWO-THIRDS MAJORITY.
A. Article 1, Chapter 9, Title 4 of the 1976 Code is amended by adding:
"Section 4-9-142. (A) The governing body of a county may not impose any new tax after December 31, 1995, unless the tax is specifically authorized by the General Assembly by general law. The governing body of a county may not increase tax or uniform service charge rates, excluding utilities, imposed for any purposes above the rates imposed for such purposes for the prior tax year. However, rates may be increased by the percentage increase in the Consumer Price Index based upon the southeastern average. Notwithstanding the limitations contained in this subsection, rates may be increased for the following purposes:
(1) in response to a natural or environmental disaster as declared by the Governor;
(2) to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution;
(3) to raise the revenue necessary to comply with judicial mandates requiring the use of county funds, personnel, facilities, or equipment; or
(4) millage which is levied to pay bonded indebtedness or payments for real property purchased using a lease-purchase agreement or used to maintain a reserve account. Nothing in this section prohibits the use of energy saving performance contracts as provided in Section 48-52-670.
(B) Existing tax and uniform service charge rates may be further increased only upon a two-thirds vote of the governing body of the county. However, if the governing body has fewer than six members or more than twelve members, a three-fifths vote is required. Additionally, no supermajority is required to further increase the rate of the charges specifically authorized by this subsection if, in a referendum held for this purpose, a majority of the qualified electors of the county voting in the referendum approve the imposition of the increased rate of the existing charge. The referendum must be held only in that portion of the county where the rates of such charges are to be raised. This subsection does not apply to the vote of a county council in the preparation or adoption of the budget of a school district that is not fiscally autonomous.
(C) The imposition of a new tax expressly authorized by the General Assembly by general law or a new uniform service charge requires a two-thirds vote of the governing body of the county except that if the governing body is comprised of fewer than six members or more than twelve members, a three-fifths majority is required.
(D) (1) Notwithstanding any other provision of law, the governing body of a county may by ordinance impose a uniform service charge on accommodations provided transients and on food and beverages served in establishments licensed for on-premises consumption. The maximum rate that may be imposed on accommodations is three percent of the measure of the charge and in the case of food and beverages, one percent of the measure of the charge. However, when a charge is imposed on food and beverages, the maximum rate of the accommodations charge is two percent. The charges authorized by this subsection may be imposed within an incorporated area of the county only with the approval of a two-thirds majority of the governing body of the affected municipality and these charges cannot be imposed in a municipality which has imposed either or both of these charges within its jurisdiction. The charges authorized by this subsection may be imposed or raised only in the manner provided in subsection (C) except that no supermajority is required to impose or increase the rate of the charges specifically authorized by this subsection if, in a referendum held for this purpose, a majority of the qualified electors of the county voting in the referendum approve the imposition of the new charge or the increased rate of the existing charge. The referendum must be held only in that portion of the county where the charges are to be imposed or rates of such charges raised. The maximum rates provided in this subsection may not be exceeded regardless of the method of imposition.
(2) The revenues of the charges authorized by this subsection may be used only for:
(a) tourism-related buildings including, but not limited to, civic centers, coliseums, and aquariums;
(b) cultural, recreational, or historical facilities;
(c) beach access and renourishment;
(d) highways, roads, streets, and bridges providing access to tourist destinations;
(e) advertisements and promotions related to tourism development.
(3) Nothing in this subsection may be construed as authorizing additional charges on accommodations and food and beverages when the governing body of the county enacted before 1996 taxes, fees, or uniform service charges on these items measured substantially in the same manner. To the extent that the maximum charge rates authorized in this subsection have not been exceeded in cumulative local impositions occurring before 1996, any rate increases are allowed only as provided in this subsection.
(E) For the tax year of implementation of the values determined by a countywide equalization and reassessment program, the millage rate for all real and personal property must not exceed the rollback millage, as defined in this subsection, except that the rollback millage may be increased by the percentage increase in the consumer price index, based on the southeastern average, for the year immediately preceding the year the reassessment values are implemented. The millage rate may be further increased during the year of implementation of reassessment values upon a two-thirds vote of the governing body. However, if the governing body has fewer than six members, a three-fifths vote is required. For purposes of this subsection, the rollback millage rate is computed by dividing the prior year property tax revenues by the budget year property tax assessment base.
(F) Notwithstanding any other provision of law, no reimbursement otherwise due a county pursuant to Section 12-37-270 may be paid unless the governing body of the county certifies in writing to the Comptroller General that the county shall comply with the requirements of this section."
B. Article 1, Chapter 21, Title 5 of the 1976 Code is amended by adding:
"Section 5-21-70. (A) The governing body of a municipality may not impose any new tax after December 31, 1995, unless the tax is specifically authorized by the General Assembly by general law. The governing body of a municipality may not increase tax or uniform service charge rates, excluding utilities, imposed for any purposes above the rates imposed for such purposes for the prior tax year. However, rates may be increased by the percentage increase in the Consumer Price Index based upon the southeastern average. Notwithstanding the limitations contained in this subsection, rates may be increased for the following purposes:
(1) in response to a natural or environmental disaster as declared by the Governor;
(2) to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution;
(3) to raise the revenue necessary to comply with judicial mandates requiring the use of municipal funds, personnel, facilities, or equipment; or
(4) millage which is levied to pay bonded indebtedness or payments for real property purchased using a lease-purchase agreement or used to maintain a reserve account. Nothing in this section prohibits the use of energy saving performance contracts as provided in Section 48-52-670.
(B) Except as provided in subsection (D) and notwithstanding any provision of law, tax and uniform service charge rates may be further increased only upon a two-thirds vote of the governing body of the municipality. However, if the governing body has fewer than six members or more than twelve members, a three-fifths vote is required.
(C) The imposition of a new tax expressly authorized by the General Assembly by general law or a new uniform service charge requires a two-thirds vote of the governing body of the municipality except that if the governing body is comprised of fewer than six members or more than twelve members, a three-fifths majority is required.
(D)(1) Notwithstanding any other provision of law, the governing body of a municipality by ordinance may impose a uniform service charge on accommodations provided transients within the municipality and on food and beverages served in establishments located in the municipality licensed for on-premises consumption. The maximum rate that may be imposed on accommodations is three percent of the measure of the charge and in the case of food and beverages, one percent of the measure of the charge. However, when a charge is imposed on food and beverages, the maximum rate of the accommodations charge is two percent. The charges authorized by this subsection may be imposed or raised only in the manner provided in subsection (C) except that no supermajority is required to impose or increase the rate of the charges specifically authorized by this subsection if, in a referendum held for this purpose, a majority of the qualified electors of the municipality voting in the referendum approve the imposition of the new charge or the increased rate of the existing charge. The maximum rates provided in this subsection may not be exceeded regardless of the method of imposition.
(2) The revenues of the charges authorized by this subsection may be used only for:
(a) tourism-related buildings including, but not limited to, civic centers, coliseums, and aquariums;
(b) cultural, recreational, or historical facilities;
(c) beach access and renourishment;
(d) highways, roads, streets, and bridges providing access to tourist destinations;
(e) advertisements and promotions related to tourism development.
(3) Nothing in this subsection may be construed as authorizing additional charges on accommodations and food and beverages when the governing body of the municipality enacted before 1996 taxes, fees, or uniform service charges on these items measured substantially in the same manner. To the extent that the maximum charge rates authorized in this subsection have not been exceeded in cumulative local impositions occurring before 1996, any rate increases are allowed only as provided in this subsection.
(E) For the tax year of implementation of the values determined by a countywide equalization and reassessment program, the millage rate for all real and personal property must not exceed the rollback millage, as defined in this subsection, except that the rollback millage may be increased by the percentage increase in the consumer price index, based on the southeastern average, for the year immediately preceding the year the reassessed values are implemented. The millage rate may be further increased during the year of implementation of reassessment values upon a two-thirds vote of the governing body. However, if the governing body has fewer than six members, a three-fifths vote is required. For purposes of this subsection, the rollback millage rate is computed by dividing the prior year property tax revenues by the budget year property tax assessment base.
(F) Notwithstanding any other provision of law, no reimbursement otherwise due a municipality pursuant to Section 12-37-270 may be paid unless the governing body of the municipality certifies in writing to the Comptroller General that the municipality shall comply with the requirements of this section."
C. A. Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-85. Municipalities and counties, may not impose any fee or tax of any nature or description on the transfer of real property unless the General Assembly has expressly authorized by general law the imposition of the fee or tax."
B. Notwithstanding the provisions of Section 6-1-85 of the 1976 Code as added by this section, the governing body of any municipality, county, school district, or special purpose district which has enacted and collected any fee or tax which is charged on the transfer of real estate may continue to collect the fees or taxes until the earlier of:
(1) the end of the entity's current fiscal year as of the effective date of this section; or
(2) January 1, 1997.
Notwithstanding any other provision of law, no reimbursement otherwise due any jurisdiction pursuant to Section 12-37-270 of the 1976 Code which is affected by the phase-out provisions of this subsection may be paid unless the governing body of the jurisdiction certifies in writing to the Comptroller General that the jurisdiction shall comply with the requirements of this section."
D. Section 11-11-440(A) of the 1976 Code is amended to read:
"(A) The General Assembly may not provide for any general tax increase or enact new general taxes in the permanent provisions of the State General Appropriation Act or acts supplemental thereto., and any such Any general tax increases or new general taxes must be enacted only by separate act passed by a vote of at least two-thirds of the members of each house."
E. This section takes effect January 1, 1997./
Renumber sections & amend totals/title to conform.
Rep. WILKINS explained the amendment.
Reps. HODGES, G. BROWN, WILKES and RICHARDSON spoke against the amendment.
Rep. G. BROWN spoke against the amendment.
Rep. HODGES raised the Point of Order that Amendment No. 210 was out of order in compliance with Rule 5.3 which requires that every amendment to the General Appropriations Bill and Supplemental Appropriations Bill include provisions appropriating funds affecting revenue, rules and regulations relative thereto. He further stated that the substantial effect of the amendment was not directly germane to the Bill because it did not directly affect an appropriation in Part I and the issue of total revenues. He further stated that the substantial effect was to impose some impacts on local government.
Rep. WILKINS stated that the amendment had a $65 million substantial effect. He further stated that at the end of each subsection, there was language which stated not withstanding any provision of the law, no reimbursement otherwise due a county pursuant to Section 12-37-270 may be paid unless the governing body of the county certifies in writing to the Comptroller General that the county shall comply with the requirements of the section. He further stated that the same language was there in dealing with municipalities. He further stated that it required the governing bodies to verify in writing to the Comptroller General that they will comply with the requirement of the amendment before they can get reimbursement. He further stated that it was germane because of the provision regarding the Homestead Exemption Reimbursement Statute and again, they would have to verify that they would comply. He further cited Section 68 on Page 381 of the Bill.
Rep. HODGES stated that a certification provision could be added to any provision of the Bill and make it germane under that argument. He further stated that under the provisions of the amendment, the counties and cities have no power to do the things that the amendment required them to certify. He further stated that the substantial effect was simply to impose the limits and had nothing to do with certification.
Rep. McELVEEN stated that the certification proposal did not require the state to expend any money and it did require the county to spend money. He further stated he had an amendment earlier requiring $500 to be spent from a line item and that had been ruled out of order because it did not have substantial impact on an appropriation in Part I. He further stated that this amendment did not state how much of an impact and it did not require the state to spend any money.
Rep. WILKINS stated that in reference to Part I, the precedents over the last ten years clearly showed that you did not have to cite the chapter and verse in the amendment as long as you could point out where it had an impact or effect on Part I appropriations or revenues. He further stated that Part IA of the Bill was affected by the amendment in Section 68A on Page 381, Line 9, $15.6 million and Section 68A on Page 381, Lines 4 and 16, $43.7 million and $6.1 million, respectively.
Rep. McTEER inquired whether the Bill had stated that any municipalities that raised the fees would be ineligible to receive the monies, then it might be germane, but it did not say that, it stated that they could not raise the fees. He further stated that they were not allowed to raise the fees so the extra language had no effect.
SPEAKER Pro Tempore HASKINS stated that there were three different provisions which referred to line items in Section 68A and set up a procedure whereby local government would receive property tax money and the homestead exemption money and the substantial effect of the amendment was setting up the procedure.
Rep. McTEER inquired whether or not they were allowed not to comply.
Rep. WILKINS stated that on Page 19, Paragraph F, it stated that no reimbursement otherwise viewed as a municipality pursuant to Section 12-37-270, which is the Homestead Exemption Statute, through which property tax relief also flows, may be paid unless the governing body certifies in writing that it has complied with the requirements of the section. He further stated that it was a penalty and that they would not get the money if they did not comply.
Rep. McTEER inquired if they could opt not to comply and not to receive the money.
Rep. WILKINS stated that certain requirements had been imposed in the Bill and there was an added penalty for noncompliance within the 1996-97 fiscal year and that made it germane.
Rep. McELVEEN stated that none of the arguments showed that the amendment had the substantial effect of affecting revenue, rules and regulations, directives and procedures relative to the appropriation of funds or raising of revenue. He further stated that there was more strict rule for putting a permanent part of the Appropriations Bill in that it must apply directly with an appropriation being made or revenue provided for the fiscal year in the Bill.
Rep. ROGERS stated that if the Rep. Wilkins' argument that the matter may be made germane by the inclusion of the requirement of the certification to the Comptroller General of adherence to the directive to local government to comply with certain provisions included, then it would give the Body the right to regulate or to manage or to prescribe or to direct any matter relating to local government and require that as a condition of receiving their entitlement under Homestead Exemption or under Aid to Subdivisions that there be a certification of compliance. He further stated that it was clearly violative of the substantial effect requirement of Rule 5.3.
Rep. HODGES further stated that the amendment did nothing more than simply certify the existing law. He further stated that to rule in favor of allowing this amendment would allow future persons offering amendments to simply allow someone to send a certification provision that they were in compliance with existing law and that would be good enough to make provisions germane.
SPEAKER Pro Tempore HASKINS stated that the substantial effect of the amendment set out a procedure whereby cities and counties and local governments can comply with certain terms within the fiscal year in order to receive the homestead exemption and their share of the property tax relief that is funneled through the same section and that the precedents did not require that an amendment state specifically what line item in Part I it affects. He further stated that the Rule requires that it directly affect a line item and there were several line items that had been pointed out in Section 68A on Page 381 which were directly affected by the provisions of the amendment and he overruled the Point of Order.
The SPEAKER Pro Tempore granted Rep. McELVEEN a leave of absence for the day.
Reps. ROGERS and SCOTT spoke against the amendment.
Rep. HUTSON spoke upon the amendment.
The question then recurred to the adoption of the amendment.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Boan Brown, H. Cain Cato Chamblee Cotty Cromer Davenport Delleney Easterday Fleming Gamble Harrison Haskins Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Littlejohn Loftis Marchbanks Mason McKay Meacham Quinn Rice Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stuart Thomas Tripp Trotter Vaughn Walker Wells Wilkins Witherspoon Wofford Worley Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Askins Bailey Baxley Breeland Brown, G. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Dantzler Felder Fulmer Govan Hallman Harrell Harris, J. Harris, P. Herdklotz Hines, J. Hodges Howard Inabinett Jaskwhich Jennings Keyserling Lee Limehouse Lloyd McAbee McCraw McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Rogers Scott Sheheen Stille Stoddard Townsend Tucker Waldrop Whatley Whipper, L. Whipper, S. White Wilder Wilkes
So, the amendment was adopted.
I was off of the floor with a constituent when the vote was taken. I have consistently voted against this in the past in bill form and would have voted against it if I had been present.
Rep. C. ALEX HARVIN III
I feel a need to explain my frustration over this issue, the conflict between tax caps and home rule. I am as much an advocate of limiting taxes as anyone in the General Assembly. In fact, I have gone on record at home as an advocate of reducing property tax and ultimately eliminating property tax because we need to avoid taxing people out of their homes, especially those on fixed incomes. We also need to continue to make our State appealing for economic development and investment and to promote the retirement industry and tourism. I am also a strong advocate of home rule. This amendment and H. 4492 are perceived as being anti-home rule. Perception is reality. In any community, county and city councils have been responsible. I have helped to elect many of them and this looks like we are slapping them in the face. I maintain that the tax cap and home rule issues should be separated. We are hypocrites in the General Assembly. Look at the growth we have seen in the State Budget. We should be taking a different approach and curbing our spending. We should be leaving more dollars to be spent at home. I want to address another aspect of this amendment that adversely affects my community. We are one of three counties that have a transfer fee. I am not an advocate of transfer fees. I was one of the first to have to pay a transfer fee. However, when we eliminate the transfer fee, our county council will have to look elsewhere to replace that revenue. Where do you think that revenue will come from to cover the costs of these transfers - all property owner? I ask unanimous consent to insert my remarks in the Journal to explain my position on this amendment.
Rep. HEYWARD G. HUTSON
Reps. GAMBLE, KNOTTS, WRIGHT, RISER, SPEARMAN and KOON proposed the following Amendment No. 223 (Doc Name P:\amend\GJK\22430SD.96), which was ruled out of order.
Amend the bill, as and if amended, Part II, the SECTION added by the amendment of Representative Wilkins, #210, et al, by adding an appropriately lettered subsection to read:
/(__)(A) Title 6, Chapter 1 of the 1976 Code is amended by adding:
"Section 6-1-120. Notwithstanding any other provision of law, no municipality may impose a tax, fee, or uniform service charge on accommodations provided for transients or food or beverages served in establishments located in an area of a county that has been annexed by the municipality if:
(1) the annexed area of the county was unincorporated as of January 1, 1996, and subsequently annexed by the municipality;
(2) the governing body of the county in which the annexed area is located has not agreed to the annexation; and
(3) the majority of the geographical area of the municipality is in a county other than the county in which the annexed area is located."
(B) This section takes effect July 1, 1996./
Renumber sections & amend totals/title to conform.
Rep. GAMBLE explained the amendment.
Rep. SHEHEEN raised the Point of Order that Amendment No. 223 was out of order as it was not germane.
Rep. GAMBLE argued contra the Point in stating that it was another provision which stipulated the effect of the accommodations tax.
SPEAKER Pro Tempore HASKINS stated that it added a new section and it did not show any connection to the Bill and he sustained the Point of Order and ruled the amendment out of order.
Rep. RICHARDSON proposed the following Amendment No. 230 (Doc Name P:\amend\230), which was adopted.
Amend the amendment, #210, as and if amended, by adding a section F on page 10, line 15, inserting the words /"operation and maintenance of items in sections A-E, including police, fire protection, emergency medical service and emergency preparedness operations directly attendant to these facilities"/
Rep. RICHARDSON explained the amendment.
The amendment was then adopted.
Rep. KOON moved to reconsider the vote whereby Amendment No. 176 was tabled and the motion was noted.
Rep. RICHARDSON proposed the following Amendment No. 231 (Doc Name P:\amend\231), which was tabled.
Amend the Amendment #210, as and if amended, by adding on page 20, Section 6-1-85, after the word unless, /"Passed by a referendum gaining a two-thirds majority. In addition the transfer fee may not exceed one-fourth of one percent and must be paid by the seller."/
Rep. RICHARDSON explained the amendment.
Rep. RICHARDSON continued speaking.
Rep. D. SMITH spoke against the amendment.
Rep. RICHARDSON spoke in favor of the amendment.
Rep. FELDER spoke against the amendment.
Rep. D. SMITH moved to table the amendment, which was agreed to.
Rep. KLAUBER moved to reconsider the vote whereby Amendment No. 230 was adopted.
Rep. RICHARDSON moved to table the motion to reconsider.
Rep. KEYSERLING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Bailey Baxley Breeland Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Dantzler Delleney Govan Hallman Harrell Harris, J. Harris, P. Hines, J. Hodges Howard Hutson Inabinett Jennings Keyserling Lee Limehouse Lloyd McAbee McCraw McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Rogers Scott Seithel Sheheen Stille Stoddard Stuart Townsend Tucker Whatley Whipper, L. Whipper, S. White Wilder Wilkes Young-Brickell
Those who voted in the negative are:
Allison Brown, H. Cain Cato Chamblee Cotty Cromer Davenport Easterday Felder Fleming Fulmer Gamble Harrison Haskins Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Limbaugh Littlejohn Loftis Marchbanks Mason McKay Meacham Quinn Rice Riser Robinson Sandifer Sharpe Shissias Simrill Smith, D. Smith, R. Thomas Tripp Trotter Vaughn Waldrop Walker Wells Wilkins Witherspoon Worley Wright Young
So, the motion to reconsider was tabled.
Rep. ROGERS proposed the following Amendment No. 236 (Doc Name P:\amend\PFM\8063HTC.96), which was tabled.
Amend the amendment offered by Representative Wilkins, et al, dated February 29, 1996, document number P\AMEND\DKA\3577HTC.96, designated amendment number 210, as and if amended, page 5, line 16, and page 14, line 8, by striking /with/ and inserting /with unfunded mandates imposed by state or federal law or/.
Renumber sections & amend totals/title to conform.
Rep. ROGERS explained the amendment.
Rep. WILKINS spoke against the amendment.
Rep. ROGERS spoke in favor of the amendment.
The SPEAKER Pro Tempore granted Rep. BOAN a leave of absence for the remainder of the day.
The SPEAKER Pro Tempore granted Rep. McELVEEN a leave of absence.
Rep. YOUNG-BRICKELL moved to table the amendment.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Brown, H. Cain Cato Chamblee Cotty Cromer Dantzler Davenport Easterday Fleming Fulmer Gamble Hallman Harrell Harrison Haskins Hutson Keegan Kelley Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McKay Meacham Quinn Rice Robinson Sandifer Seithel Sharpe Shissias Smith, D. Smith, R. Spearman Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Askins Bailey Baxley Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Delleney Govan Harris, J. Harris, P. Harvin Hines, J. Hodges Howard Inabinett Jennings Keyserling Kinon Kirsh Lee Lloyd McAbee McCraw McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Rogers Scott Sheheen Simrill Stille Stoddard Stuart Townsend Tucker Whipper, L. Whipper, S. White Wilder Wilkes
So, the amendment was tabled.
Reps. SCOTT and QUINN proposed the following Amendment No. 213 (Doc Name P:\amend\PT\2313CM.96), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 1-23-540, AS AMENDED, OF THE 1976 CODE, RELATING TO ANNUAL SALARY OF JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO INCREASE THE ANNUAL SALARY OF ASSOCIATE JUDGES FROM EIGHTY TO EIGHTY-FIVE PERCENT OF CIRCUIT COURT JUDGES.
A. Section 1-23-540 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 1-23-540. The chief judge (Seat 1) shall receive as annual salary equal to ninety percent of that paid to the circuit court judges of this State. The remaining judges shall receive as annual salary equal to eighty eighty-five percent of that paid to the circuit court judges of this State. They are not allowed any fees or perquisites of office, nor may they hold any other office of honor, trust, or profit. Administrative law judges in the performance of their duties are also entitled to that per diem, mileage, expenses, and subsistence as is authorized by law for circuit court judges.
Each administrative law judge shall devote full time to his duties as an administrative law judge, and may not practice law during his term of office, nor may he during this term be a partner or associate with anyone engaged in the practice of law in this State."
B. This section takes effect July 1, 1996./
Renumber sections & amend totals/title to conform.
Rep. QUINN explained the amendment.
Rep. KIRSH moved to table the amendment.
Rep. NEILSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Brown, H. Cain Cato Chamblee Dantzler Davenport Easterday Fulmer Gamble Hallman Harrell Hines, J. Hutson Keegan Kelley Kirsh Knotts Koon Law Limehouse Littlejohn Loftis Marchbanks Mason McKay McTeer Meacham Moody-Lawrence Neilson Phillips Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, R. Spearman Stille Stoddard Stuart Trotter Vaughn Waldrop Walker Wells Whatley Wilder Witherspoon Wofford Worley Young-Brickell
Those who voted in the negative are:
Anderson Breeland Brown, T. Byrd Clyburn Cobb-Hunter Cromer Govan Harris, J. Harvin Howard Inabinett Keyserling Lanford Lloyd McAbee Neal Quinn Richardson Scott Townsend Tripp Tucker Whipper, L. Wright
So, the amendment was tabled.
Rep. G. BROWN proposed the following Amendment No. 216 (Doc Name P:\amend\JIC\5350CM.96), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new SECTION, appropriately numbered, to read:
TO AMEND SECTION 56-5-1520, AS AMENDED, OF THE 1976 CODE, RELATING TO THE RULES CONCERNING CERTAIN MAXIMUM SPEED LIMITS, SO AS TO REVISE THE STATE'S MAXIMUM SPEED LIMITS, AND TO PROVIDE THAT CERTAIN FUNDING FOR THE ADMINISTRATION OF THIS SECTION SHALL BE PROVIDED THROUGH FUNDS APPROPRIATED TO THE ANNUAL APPROPRIATIONS ACT; AND TO REPEAL SECTION 56-5-1510, RELATING THE STATE'S MAXIMUM SPEED LIMIT.
A. Section 56-5-1520 of the 1976 Code, as last amended by Section 36R, Part II of Act 497 of 1994, is further amended to read:
"Section 56-5-1520. (a) General rule. No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed must be so controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use care.
(b) Maximum speed limits. Except when a special hazard exists that requires lower speed for compliance with paragraph (a) of this section, the limits specified in this section or established as hereinafter authorized are maximum lawful speeds, and no person shall drive a vehicle on a highway at a speed in excess of these maximum limits:
(1) thirty miles an hour in any urban district;
(2) fifty-five miles an hour in other locations or on other sections except where speeds above fifty-five miles an hour are otherwise provided by Section 56-5-1510 on state secondary highways;
(3) sixty-five miles an hour on urban interstate highways;
(4) sixty miles an hour on state primary highways; and
(5) seventy-five miles an hour on rural interstate highways.
'Urban district' means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred feet for a distance of a quarter of a mile or more.
The maximum speed limits set forth in this section may be altered as authorized in Sections 56-5-1530 and 56-5-1540.
(c) When lower speeds required; penalties; citation for violating speed limits. The driver of every vehicle shall, consistent with the requirements of paragraph (a), drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, approaching a hillcrest, when traveling upon any narrow bridge, narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
(d) Any person violating the speed limits established by this section is guilty of a misdemeanor and, upon conviction for a first offense, must be fined or imprisoned as follows:
(1) in excess of the above posted limit but not in excess of ten miles an hour by a fine of not less than fifteen dollars nor more than twenty-five dollars;
(2) in excess of ten miles an hour but less than fifteen miles an hour above the posted limit by a fine of not less than twenty-five dollars nor more than fifty dollars;
(3) in excess of fifteen miles an hour but less than twenty-five miles an hour above the posted limit by a fine of not less than fifty dollars nor more than seventy-five dollars; and
(4) in excess of twenty-five miles an hour above the posted limit by a fine of not less than seventy-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.
(e) Any citation for violating the speed limits issued by any authorized officer must note on it the rate of speed for which the citation is issued. Funding for the administration of the provisions of this section considered necessary by the General Assembly shall be provided to the department through funds appropriated to the department in the annual general appropriations act.
(f) In expending the funds credited to the state general fund from fines generated under subsection (d), the department first shall consider the need for additional highway patrolmen."
B. Section 56-5-1510 of the 1976 Code is repealed./
Renumber sections & amend totals/title to conform.
Rep. G. BROWN explained the amendment.
Rep. LOFTIS raised the Point of Order that Amendment No. 216 was out of order as it was not germane.
Rep. G. BROWN argued contra the Point.
SPEAKER Pro Tempore HASKINS sustained the Point of Order and ruled the amendment out of order.
Rep. G. BROWN proposed the following Amendment No. 217 (Doc Name P:\amend\JIC\5351CM.96), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new SECTION, appropriately numbered, to read:
TO AMEND SECTION 56-5-1520, AS AMENDED, OF THE 1976 CODE, RELATING TO GENERAL RULES REGARDING MAXIMUM SPEED LIMITS AND WHEN LOWER SPEED LIMITS MAY BE REQUIRED, SO AS TO REVISE THE STATE'S MAXIMUM SPEED LIMITS AND TO PROVIDE THAT CERTAIN FUNDING FOR THE ADMINISTRATION OF THIS PROVISION SHALL BE PROVIDED THROUGH FUNDS APPROPRIATED IN THE ANNUAL GENERAL APPROPRIATIONS ACT; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE FIFTY-FIVE MILES AN HOUR MAXIMUM SPEED LIMIT.
A. Section 56-5-1520 of the 1976 Code, as last amended by Section 36R, Part II of Act 497 of 1994, is further amended to read:
"Section 56-5-1520. (a) General rule. No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed must be so controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use care.
(b) Maximum speed limits. Except when a special hazard exists that requires lower speed for compliance with paragraph (a) of this section, the limits specified in this section or established as hereinafter authorized are maximum lawful speeds, and no person shall drive a vehicle on a highway at a speed in excess of these maximum limits:
(1) thirty miles an hour in any urban district;
(2) fifty-five miles an hour in other locations or on other sections except where speeds above fifty-five miles an hour are otherwise provided by Section 56-5-1510 on state primary highways;
(3) fifty miles an hour on state secondary highways;
(4) sixty miles an hour on urban interstate highways; and
(5) seventy miles an hour on rural interstate highways.
'Urban district' means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred feet for a distance of a quarter of a mile or more.
The maximum speed limits set forth in this section may be altered as authorized in Sections 56-5-1530 and 56-5-1540.
(c) When lower speeds required; penalties; citation for violating speed limits. The driver of every vehicle shall, consistent with the requirements of paragraph (a), drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, approaching a hillcrest, when traveling upon any narrow bridge, narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
(d) Any person violating the speed limits established by this section is guilty of a misdemeanor and, upon conviction for a first offense, must be fined or imprisoned as follows:
(1) in excess of the above posted limit but not in excess of ten miles an hour by a fine of not less than fifteen dollars nor more than twenty-five dollars;
(2) in excess of ten miles an hour but less than fifteen miles an hour above the posted limit by a fine of not less than twenty-five dollars nor more than fifty dollars;
(3) in excess of fifteen miles an hour but less than twenty-five miles an hour above the posted limit by a fine of not less than fifty dollars nor more than seventy-five dollars; and
(4) in excess of twenty-five miles an hour above the posted limit by a fine of not less than seventy-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.
(e) Any citation for violating the speed limits issued by any authorized officer must note on it the rate of speed for which the citation is issued. Funding for the administration of the provisions of this section considered necessary by the General Assembly shall be provided to the department through funds appropriated to the department in the annual general appropriations act.
(f) In expending the funds credited to the state general fund from fines generated under subsection (d), the department first shall consider the need for additional highway patrolmen."
B. Section 56-5-1510 of the 1976 Code is repealed./
Renumber sections & amend totals/title to conform.
Rep. G. BROWN explained the amendment.
Rep. MARCHBANKS raised the Point of Order that Amendment No. 217 was out of order as it was not germane.
SPEAKER Pro Tempore HASKINS sustained the Point of Order and ruled the amendment out of order.
Reps. HUTSON, KELLEY, LIMEHOUSE, CAIN, ALLISON, MARCHBANKS, GAMBLE, THOMAS, JASKWHICH, KIRSH, HARRISON, KEEGAN, WALDROP, RICE, HALLMAN, VAUGHN, SANDIFER, STILLE, CATO, EASTERDAY, DANTZLER, BOAN, MEACHAM, MARTIN, R. SMITH, LAW, ROBINSON, KNOTTS, TROTTER, FULMER, DAVENPORT, SIMRILL, WITHERSPOON, HARRELL, WHATLEY, YOUNG-BRICKELL, BAXLEY, WORLEY, SHARPE, ASKINS, CROMER, J. HARRIS, CHAMBLEE, KLAUBER, D. SMITH, WRIGHT, KOON, LIMBAUGH, LANFORD, WALKER and S. WHIPPER proposed the following Amendment No. 219 (Doc Name P:\amend\JIC\5349CM.96), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new SECTION, appropriately numbered, to read:
TO PROVIDE THE GENERAL ASSEMBLY, INCLUDING ITS APPROPRIATE STANDING COMMITTEES, TO USE A "ZERO BASE" BUDGET PROCESS IN THE PREPARATION OF THE GENERAL APPROPRIATIONS BILL.
A. The 1976 Code is amended by adding:
"Section_______. The General Assembly, including its appropriate standing committees, shall use a 'zero base' budget process in the preparation of the general appropriations bill."
B. This section takes effect July 1, 1996.
Renumber sections & amend totals/title to conform.
Rep. HUTSON explained the amendment.
Rep. WHITE raised the Point of Order that Amendment No. 219 was out of order as it was not germane.
Rep. HUTSON argued that the substantial effect of the amendment was the entire Bill and that made it germane.
SPEAKER Pro Tempore HASKINS stated that it had an impact on a future budget and not this one and he sustained the Point of Order and ruled the amendment out of order.
Reps. J. HARRIS and SHARPE proposed the following Amendment No. 220 (Doc Name P:\amend\PT\2317JM.96), which was ruled out of order.
Amend the bill, as and if amended, Part II, Part II, by adding a new SECTION to be appropriately numbered to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 57-7-90 SO AS TO PROVIDE THAT, FOR THE PURPOSES OF HUNTING, IT IS UNLAWFUL FOR CERTAIN PERSONS TO SHOOT OR DISCHARGE A WEAPON IN CERTAIN PLACES OR POSSESS A LOADED WEAPON IN CERTAIN PLACES, TO PROVIDE PENALTIES, AND TO PROVIDE THE PROCEDURE FOR TICKETING OFFENDERS, AND TO PROVIDE FOR THE DISBURSEMENT OF FEES COLLECTED UNDER THIS SECTION.
The 1976 Code is amended by adding:
"Section 57-7-90. A. Except for law enforcement officers and military personnel acting in the performance of their duties, it is unlawful, for the purpose of hunting, for any person to shoot or discharge a weapon from, onto, or across the right-of-way of any public, paved road, or for the purpose of hunting possess a loaded weapon while occupying any portion of the right-of-way of any public paved highway. This does not prohibit the possession of a weapon inside a vehicle, while the weapon is unloaded and inaccessible.
B. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days. However, if discharging the weapon results in property damage or personal injury, the individual must be fined not more than five thousand dollars or imprisoned for not more than one year, or both.
C. Offenses provided for in this section may be written by any law enforcement officer on a Uniform Traffic Ticket or by the Department of Natural Resources officers on a department Summons Ticket.
D. Fines collected under this provision must be disposed of pursuant to Section 50-1-150."/
Renumber sections & amend totals/title to conform.
Rep. J. HARRIS explained the amendment.
Rep. MEACHAM raised the Point of Order that Amendment No. 220 was out of order as it was not germane.
Rep. SHARPE stated that it tied back to wildlife officers.
Rep. J. HARRIS argued contra the Point in stating that it tied into the county funds on Page 322, Lines 31 and 32.
SPEAKER Pro Tempore HASKINS stated that the lines were total funds and that there was not an appropriation in this Bill and he sustained the Point of Order and ruled the amendment out of order.
Rep. D. SMITH proposed the following Amendment No. 228 (Doc Name P:\amend\PFM\8055HTC.96), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-37-251, RELATING TO THE HOMESTEAD EXEMPTION FROM SCHOOL OPERATING TAXES AND ROLLBACK MILLAGE LIMITATIONS, SO AS TO DEFINE "ROLLBACK MILLAGE" AND TO REQUIRE THE DEPARTMENT OF REVENUE AND TAXATION TO CALCULATE THE ROLLBACK MILLAGE APPLICABLE IN EVERY PROPERTY TAXING JURISDICTION AND CERTIFY THE MILLAGE TO THE APPROPRIATE GOVERNING BODIES.
A. Section 12-37-251(E) of the 1976 Code, as added by Act 145 of 1995,is amended to read:
"(E) In the year of reassessment the millage rate for all real and personal property must not exceed the rollback millage, except that the rollback millage may be increased by the percentage increase in the consumer price index for the year immediately preceding the year of reassessment. Rollback millage is calculated by dividing the prior year property tax revenues by the adjusted total assessed value applicable in the year the values derived from a countywide equalization and reassessment program are implemented. This amount of assessed value must be adjusted by deducting assessments added for property or improvements not previously taxed, for new construction, and for renovation of existing structures. From funds appropriated for the operation of the Department of Revenue and Taxation, the department shall calculate the rollback millage as provided in this subsection and certify it to the appropriate governing bodies."
B. This section is effective for property tax years beginning after 1995./
Renumber sections & amend totals/title to conform.
Rep. D. SMITH explained the amendment.
Rep. SHEHEEN raised the Point of Order that Amendment No. 228 was out of order as it was not germane.
Rep. D. SMITH argued contra the Point.
SPEAKER Pro Tempore HASKINS stated that the amendment intended to amend Amendment No. 210, but it actually added a new section and he sustained the Point of Order and ruled the amendment out of order.
The SPEAKER granted Rep. J. YOUNG a leave of absence for the remainder of the day.
Rep. ROBINSON proposed the following Amendment No. 233 (Doc Name P:\amend\DKA\3581HTC.96), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 2-7-125 SO AS TO REQUIRE ANY ACT OR JOINT RESOLUTION OF THE GENERAL ASSEMBLY AUTHORIZING THE IMPOSITION OF A NEW TAX, FEE, OR CHARGE BY A POLITICAL SUBDIVISION TO RECEIVE A TWO-THIRDS MAJORITY VOTE IN EACH HOUSE OF THE GENERAL ASSEMBLY.
Article 1, Chapter 7, Title 2 of the 1976 Code is amended by adding:
"Section 2-7-125. In addition to all other requirements imposed by the State Constitution and by general law, any enactment authorizing a new tax, fee, or charge, however described, which may be imposed by a political subdivision of the State, including school districts, the revenues of which may be retained by the entity imposing the tax, fee, or charge, must receive a favorable vote of at least two-thirds of the members of each house of the General Assembly."/
Renumber sections & amend totals/title to conform.
Rep. ROBINSON explained the amendment.
Rep. TOWNSEND raised the Point of Order that Amendment No. 233 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. McABEE proposed the following Amendment No. 235 (Doc Name P:\amend\PFM\8062HTC.96), which was adopted.
Amend the amendment, proposed by Representative Marchbanks, dated February 28, 1996, document number P:\AMEND\PT\2311AC.96, designated amendment number 107, as and if amended, page 7, by inserting a penultimate subsection appropriately lettered to read:
/__. Effective at the time of the repeal of Chapter 47, Title 2 of the 1976 Code, as provided in this section, the duties and functions of the Joint Bond Review Committee are devolved upon the Capital Projects Oversight Committee as established pursuant to Part IA of this act./
Renumber sections & amend totals/title to conform.
Rep. McABEE explained the amendment.
The amendment was then adopted.
Reps. LANFORD and FELDER proposed the following Amendment No. 239 (Doc Name P:\amend\PFM\8059AC.96), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 35-1-20, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS IN THE UNIFORM SECURITIES ACT, SO AS TO REVISE THE DEFINITION OF "SECURITY" TO EXCLUDE TRANSFERABLE CERTIFICATES OF DEPOSIT; AND TO AMEND SECTION 35-1-30, RELATING TO THE SECRETARY OF STATE SERVING AS THE SECURITIES COMMISSIONER AND ASSISTANTS TO THE COMMISSIONER, SO AS TO PROVIDE THAT ASSISTANTS TO THE SECURITIES COMMISSIONER INCLUDE ASSISTANTS TO ASSURE COMPLIANCE WITH THE SECURITIES LAWS.
A. Section 35-1-20(12) of the 1976 Code is amended by adding at the end:
"'Security' does not include a transferable certificate of deposit."
B. Section 35-1-30 of the 1976 Code is amended to read:
"Section 35-1-30. This chapter shall must be administered by the Secretary of State, who shall be is ex officio the Securities Commissioner and who may employ such additional assistants at such salaries as may be authorized by the General Assembly including assistants to assure compliance with the provisions of this title."
C. This section takes effect July 1, 1996./
Renumber sections & amend totals/title to conform.
Rep. LANFORD explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 239 was out of order as it was not germane.
The SPEAKER stated that it did tie back in to the appropriations in Part I and he overruled the Point of Order.
Rep. LANDER spoke in favor of the amendment.
The amendment was then adopted.
Rep. KLAUBER proposed the following Amendment No. 240 (Doc Name P:\amend\PFM\8067JM.96), which was ruled out of order.
Amend Amendment No. 230, as and if amended, by striking it in its entirety.
Renumber sections & amend totals/title to conform.
Rep. KLAUBER explained the amendment.
Rep. SHEHEEN raised the Point of Order that Amendment No. 240 was out of order as it referred to Amendment No. 230 which had been clinched. He further stated that you cannot do indirectly what cannot be done directly.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. KEYSERLING proposed the following Amendment No. 215 (Doc Name P:\amend\PT\2298SD.96), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding a new appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 2-7-67 SO AS TO PROVIDE THAT THERE MUST BE A SECTION IN EACH GENERAL APPROPRIATIONS ACT BEGINNING WITH FISCAL YEAR 1997-98 ENTITLED "TAX EXPENDITURES" IN WHICH THE GENERAL ASSEMBLY SPECIFICALLY APPROPRIATES AMOUNTS NOT COLLECTED FOR THAT FISCAL YEAR DUE TO TAX EXEMPTIONS OR LIMITATIONS, TO PROVIDE THAT TO THE EXTENT A TAX EXPENDITURE ARISING FROM A SPECIFIC EXEMPTION OR LIMITATION IS NOT APPROPRIATED, THE EXEMPTION OR LIMITATION IS TERMINATED EFFECTIVE FOR TAXABLE PERIODS BEGINNING AFTER JUNE THIRTIETH OF THE APPLICABLE FISCAL YEAR, AND TO REQUIRE THE DEPARTMENT OF REVENUE DURING 1996 FROM OPERATING EXPENSES APPROPRIATED TO IT IN THE 1996-97 GENERAL APPROPRIATIONS ACT TO PUBLISH CERTAIN INFORMATION RELATING TO "TAX EXPENDITURES".
The 1976 Code is amended by adding:
"Section 2-7-67. For purposes of this section, 'tax expenditures' are revenues not collected in a fiscal year because of exemptions or limitations on taxes provided in Chapters 6 and 36 of Title 12. In the annual general appropriations act beginning with fiscal year 1997-98, there must be a section entitled 'tax expenditures' in which the General Assembly specifically appropriates amounts not collected for the fiscal year due to these exemptions or limitations and thereby continues in effect the exemption or limitation provided by law. To the extent a tax expenditure arising from a specific exemption or limitation is not appropriated, the exemption or limitation is terminated effective for taxable periods beginning after June thirtieth of the applicable fiscal year.
The Department of Revenue on July 4, 1996, and on the day before the beginning of the 1997 Session of the General Assembly from the funds appropriated to it for operating expenses, as contained in Part 1, SECTION 63, page 372, line 11, of the 1996-97 General Appropriations Act, shall publish in each newspaper of general circulation in South Carolina an explanation of what constitutes 'tax expenditures' and a list of such 'tax expenditures'."/
Renumber sections & amend totals/title to conform.
Rep. KEYSERLING explained the amendment.
Rep. SIMRILL raised the Point of Order that Amendment No. 215 was out of order as it was not germane.
Rep. KEYSERLING argued contra the Point.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Reps. H. BROWN and WILKINS proposed the following Amendment No. 234 (Doc Name P:\amend\DKA\3570HTC.96), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND THE 1976 CODE BY ADDING SECTIONS 6-1-60, AND 59-73-35 SO AS TO IMPOSE LIMITS ON CERTAIN PROPERTY TAX MILLAGE INCREASES IMPOSED BY SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS AND ON THE USE OF NEW REVENUE SOURCES FOR OPERATING PURPOSES AND TO PROVIDE EXCEPTIONS; AND TO IMPOSE LIMITS ON CERTAIN PROPERTY TAX MILLAGE INCREASES IMPOSED BY THE GOVERNING BODIES AUTHORIZED BY LAW TO LEVY SCHOOL TAXES AND ON THE USE OF NEW REVENUE SOURCES FOR OPERATING PURPOSES AND TO PROVIDE EXCEPTIONS; TO MAKE THE PAYMENT OF REIMBURSEMENTS FOR HOMESTEAD EXEMPTIONS CONDITIONAL ON THESE ENTITIES CERTIFYING IN WRITING TO THE COMPTROLLER GENERAL THAT THEY HAVE MET THESE REQUIREMENTS.
A. Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-60. (A) The governing body authorized by law to levy special purpose or public service district taxes may not increase the millage rate imposed for operating purposes above the rate imposed for such purposes for the prior tax year. The millage rate, however, may be increased by the percentage increase in the Consumer Price Index upon a three-fifths vote of the governing body authorized by law to levy special purpose or public service district taxes. Notwithstanding the limitation upon millage rate increases contained in this subsection and only to the extent authorized by law on the effective date of this section, the governing body authorized by law to levy special purpose or public service district taxes may increase the millage rate for the following purposes:
(1) in response to a natural or environmental disaster as declared by the Governor;
(2) to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution; or
(3) to raise the revenue necessary to comply with judicial mandates requiring the use of special purpose or public service district funds, personnel, facilities, or equipment.
(B) The millage rate may be further increased upon a two-thirds vote of the governing body authorized by law to levy special purpose or public service district taxes. Any new sources of revenues for operating purposes must be approved by a two-thirds vote of the governing body authorized by law to levy special purpose or public service district taxes. However, if the governing body has fewer than six members, a three-fifths vote is required.
(C) The restriction contained in this section does not affect millage which is levied to pay bonded indebtedness or payments for real property purchased using a lease-purchase agreement or used to maintain a reserve account.
(D) The provisions of this section may not be construed to amend or repeal any existing provision of law limiting the fiscal autonomy of a special purpose or public service district to the extent those limitations are more restrictive than the provisions of this section.
(E) Notwithstanding any other provision of law, no reimbursement otherwise due a special purpose or public service district pursuant to Section 12-37-270 may be paid unless the governing body authorized by law to levy special purpose or public service district taxes certifies in writing to the Comptroller General that the district shall comply with the requirements of this section."
B. Chapter 73, Title 59 of the 1976 Code is amended by adding:
"Section 59-73-35. (A) The governing body authorized by law to levy school taxes may not increase the millage rate imposed for operating purposes above the rate imposed for such purposes for the prior tax year. (B) The millage rate, however, may be increased by the percentage increase in the Consumer Price Index upon a three-fifths vote of the governing body authorized by law to levy school taxes of the school district. Notwithstanding the limitation upon millage rate increases contained in this subsection, the millage rate may be increased for the following purposes:
(1) to meet the minimum required local Education Finance Act inflation factor as projected by the State Budget and Control Board, Office of Research and Statistics, and the per pupil maintenance of effort requirement of Section 59-21-1030;
(2) in response to a natural or environmental disaster as declared by the Governor;
(3) to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution; or
(4) to raise the revenue necessary to comply with judicial mandates requiring the use of school district funds, personnel, facilities, or equipment.
(C) Notwithstanding any other provision of law, the millage rate may be increased upon a two-thirds vote of the governing body authorized by law to levy school taxes of the school district. Any new sources of revenues for operating purposes must be approved by a two-thirds vote of the governing body authorized by law to levy school taxes of the school district.
(D) The restriction contained in this section does not affect millage which is levied to pay bonded indebtedness or payments for real property purchased using a lease-purchase agreement or used to maintain a reserve account. Nothing in this section prohibits the use of energy-saving performance contracts as provided in Section 48-52-670.
(E) The provisions of this section may not be construed to amend or repeal any existing provision of law limiting the fiscal autonomy of a school district to the extent those limitations are more restrictive than the provisions of this section.
(F) The provisions of this section do not apply to a school district in which any increase in the ad valorem school tax levy for a particular year must be approved by the qualified electors of the school district in a referendum.
(G) Notwithstanding any other provision of law, no reimbursement otherwise due a school district pursuant to Section 12-37-270 may be paid unless the governing body authorized by law to levy school taxes certifies in writing to the Comptroller General that the district shall comply with the requirements of this section."
C. This section takes effect January 1, 1997./
Renumber sections & amend totals/title to conform.
Rep. H. BROWN explained the amendment.
Rep. SHEHEEN raised the Point of Order that Amendment No. 234 was out of order as it was not germane in that it did not tie to school funding and there was no line item.
Rep. H. BROWN argued contra the Point citing Section 68A, Page 381, Line 9.
Rep. SHEHEEN stated that there was no school district money there. He further stated that the school districts did not receive reimbursements but the county governments did and that the amendment attempted to make school districts comply with the law in order for county government to be reimbursed.
The SPEAKER stated that the actual statute stated the Comptroller General from the general fund of the State shall annually pay to the county treasurer the county from which the dwelling is situated for the account of each county, school district or special district and a sum equal to the amount of taxes which were not collected.
Rep. SHEHEEN stated that he was referring to the statute and it needed to refer to Part I of the Appropriations Bill.
The SPEAKER stated that it actually went into an account for the county or school district.
Rep. SHEHEEN stated that it went to the county treasurer and not to the school district itself.
Rep. H. BROWN stated that there were two other lines that dealt with refunding money in homestead exemption in Section 68A, Page 381.
Rep. SHEHEEN stated that the other amendment was germane because counties and municipalities received aid to subdivisions and as long as they certified, that they were in compliance with the law. He further stated that under this amendment that no school district receive any money out of the line items being referred to.
He further stated that Rep. Brown attempted to make the amendment germane by requiring the school district to certify that the county is in compliance.
The SPEAKER stated that the distinction being made was not persuasive and based on the prior ruling today that he would overrule the Point of Order.
Rep. H. BROWN continued speaking.
The SPEAKER granted Reps. WRIGHT and J. BROWN a leave of absence for the remainder of the day.
Rep. H. BROWN continued speaking.
Rep. SHEHEEN moved to table the amendment.
Rep. H. BROWN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Baxley Breeland Brown, G. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Davenport Felder Govan Harris, J. Harris, P. Harvin Hines, J. Hodges Howard Hutson Inabinett Jennings Keyserling Lanford Lee Lloyd Mason McCraw McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Rogers Scott Sheheen Spearman Stille Stuart Townsend Tucker Whipper, L. Whipper, S. White Wilkes
Those who voted in the negative are:
Bailey Brown, H. Cain Cato Chamblee Cotty Dantzler Delleney Easterday Fleming Fulmer Gamble Hallman Harrell Harrison Haskins Keegan Kelley Kinon Kirsh Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Loftis Marchbanks McKay Meacham Quinn Rice Riser Robinson Sandifer Seithel Sharpe Shissias Smith, D. Smith, R. Stoddard Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilder Wilkins Witherspoon Wofford Worley Young-Brickell
So, the House refused to table the amendment.
I was out of the chamber and was unable to cast my vote. I would have voted not to table.
Rep. J. GARY SIMRILL
Rep. ROGERS spoke against the amendment.
Rep. HASKINS spoke in favor of the amendment.
Rep. RICHARDSON raised the Point of Order that Amendment No. 234 was out of order as it would require a two-thirds vote in accordance with the Constitution.
The SPEAKER stated that he would rule on the Point of Order later.
Rep. HODGES spoke against the amendment.
The SPEAKER stated that he would overrule the Point of Order raised on Amendment No. 234 raised by Rep. RICHARDSON.
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:
Bailey Brown, H. Cain Cato Chamblee Cotty Cromer Dantzler Davenport Delleney Easterday Fleming Fulmer Gamble Hallman Harrell Harrison Haskins Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McKay Meacham Quinn Rice Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Tripp Trotter Vaughn Walker Wells Whatley Wilkins Witherspoon Wofford Worley Young Young-Brickell
Those who voted in the negative are:
Anderson Askins Baxley Breeland Brown, G. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Felder Govan Harris, J. Harris, P. Harvin Hines, J. Hodges Howard Hutson Inabinett Jennings Keyserling Kinon Lee Lloyd McCraw McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Rogers Scott Sheheen Spearman Stille Stoddard Stuart Thomas Townsend Tucker Waldrop Whipper, L. Whipper, S. White Wilder Wilkes
So, the amendment was adopted.
Reps. GAMBLE, WRIGHT, KNOTTS, RISER, SPEARMAN and KOON proposed the following Amendment No. 238 (Doc Name P:\amend\DKA\3585HTC.96), which was rejected.
Amend the amendment proposed by Rep. Wilkins, et al., dated February 29, 1996, document name P:\Amend\DKA\3577HTC.96, designated amendment number 210, as and if amended, page 18, by inserting a new subitem immediately after line 15 to read:
/(4) Notwithstanding the provisions of this subsection, no uniform service charge authorized by this subsection may be imposed in an area of a county that has been annexed by the municipality if:
(a) the annexed area of the county was unincorporated as of January 1, 1996, and subsequently annexed by the municipality;
(b) the governing body of the county in which the annexed area is located has not agreed to the annexation; and
(c) the majority of the geographical area of the municipality is in a county other than the county in which the annexed area is located.
Notwithstanding any other provision of law, no reimbursement otherwise due a municipality pursuant to Section 12-37-270 may be paid unless the governing body of the municipality certifies in writing to the Comptroller General that the municipality shall comply with the requirements of this item./
Renumber sections & amend totals/title to conform.
Rep. GAMBLE explained the amendment.
Rep. ROGERS raised the Point of Order that Amendment No. 238 was out of order as it was not germane. He further stated that this involved a prohibition against imposing a fee or tax and that the substantial effect of the amendment was to prohibit annexation. He further stated that it did not have any kind of limitation on any scheme of an existing municipality as the other amendment did.
Rep. GAMBLE argued that it only added further perimeters on the accommodations tax.
The SPEAKER overruled the Point of Order.
Rep. ROGERS moved to table the amendment.
Rep. GAMBLE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey Breeland Brown, T. Byrd Canty Cave Chamblee Clyburn Cobb-Hunter Cromer Delleney Fleming Govan Harris, P. Harrison Harvin Hines, J. Hodges Howard Inabinett Keyserling Kirsh Lee Lloyd McMahand McTeer Meacham Moody-Lawrence Neal Rhoad Rogers Scott Sheheen Simrill Townsend Tucker Whipper, L. Whipper, S. White
Those who voted in the negative are:
Allison Askins Baxley Brown, H. Cain Cato Cotty Dantzler Davenport Easterday Felder Fulmer Gamble Hallman Harrell Harris, J. Haskins Hutson Jennings Keegan Kelley Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McAbee McCraw McKay Neilson Phillips Quinn Rice Riser Robinson Sandifer Seithel Shissias Smith, D. Smith, R. Spearman Stuart Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilder Wilkins Witherspoon Worley Young Young-Brickell
So, the House refused to table the amendment.
Rep. SHEHEEN spoke against the amendment.
Rep. KOON spoke in favor of the amendment.
Rep. ROGERS spoke against the amendment.
Rep. GAMBLE spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, H. Cain Cato Dantzler Easterday Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Haskins Keegan Kelley Klauber Knotts Koon Lanford Law Limehouse Loftis Neilson Quinn Rice Riser Robinson Sandifer Spearman Stoddard Stuart Tripp Trotter Vaughn Wells Wilkins Witherspoon Wofford Worley
Those who voted in the negative are:
Allison Anderson Bailey Baxley Breeland Brown, G. Byrd Canty Cave Chamblee Clyburn Cobb-Hunter Cotty Cromer Davenport Delleney Govan Harrison Harvin Hines, J. Hodges Howard Hutson Inabinett Jennings Keyserling Kinon Kirsh Lee Littlejohn Lloyd McKay McMahand Meacham Moody-Lawrence Neal Richardson Rogers Scott Seithel Sheheen Shissias Simrill Smith, D. Stille Townsend Tucker Waldrop Walker Whatley Whipper, L. Whipper, S. White Wilder Wilkes Young-Brickell
So, the amendment was rejected.
Rep. STUART proposed Amendment No. 246, which was ruled out of order.
Amend Amendment No. 234, on page 13 (8), Section 59-73-35 by striking "upon a three-fifths vote"
Rep. STUART explained the amendment.
Rep. ROBINSON raised the Point of Order that Amendment No. 246 was out of order as it was not germane in that it did not relate to Part I.
The SPEAKER stated that it did not relate to revenues in Part I and he sustained the Point of Order and ruled the amendment out of order.
Rep. STUART proposed Amendment No. 247, which was ruled out of order.
Amend Amendment No. 234, on page 9 (14), Section 59-21-1030, (4), by adding "State and Federal" mandates
Rep. MARCHBANKS raised the Point of Order that Amendment No. 247 was out of order as it was not germane in that it did not relate to Part I.
The SPEAKER stated that it did not relate to revenues in Part I and he sustained the Point of Order and ruled the amendment out of order.
Rep. QUINN proposed the following Amendment No. 232 (Doc Name P:\amend\PFM\8057AC.96), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 30-4-45 SO AS TO ALLOW THE DEPARTMENT OF REVENUE AND TAXATION TO MAKE AVAILABLE MOTOR VEHICLE RECORD INFORMATION FOR DISTRIBUTION AND FOR USE IN RESPONSE TO INDIVIDUAL REQUESTS, ALLOW THE DEPARTMENT TO NEGOTIATE FEES FOR SUCH DISTRIBUTION, REQUIRE THE DEPARTMENT TO IMPLEMENT CERTAIN METHODS AND PROCEDURES WITH RESPECT TO THE USE OF THE INFORMATION, REQUIRE A BUSINESS ENTITY OR OTHER PERSON RECEIVING THE INFORMATION FOR DISTRIBUTION TO FILE AN AFFIDAVIT DECLARING CERTAIN THINGS UNDER PENALTY OF PERJURY, PROVIDE THAT NO PHONE NUMBERS OR MOTOR VEHICLE LICENSE PLATE NUMBERS SHALL BE RENTED OR SOLD UNDER THIS SECTION, AND PROVIDE THAT NOTHING IN THIS SECTION ALLOWS THE DEPARTMENT TO RELEASE ANY NAME, ADDRESS, OR TELEPHONE NUMBER INFORMATION TO ANY PERSON REQUESTING SUCH INFORMATION BASED SOLELY UPON A MOTOR VEHICLE LICENSE PLATE NUMBER.
A. The 1976 Code is amended by adding:
"Section 30-4-45. (A) Notwithstanding any other provision of law:
(1) The Department of Revenue and Taxation shall make available motor vehicle record information for distribution and for use in response to individual requests, and the department shall negotiate fees for distribution.
(2) The department shall implement methods and procedures to ensure that:
(a) individuals are provided an opportunity, in a clear and conspicuous manner, to opt-out and prohibit the use of motor vehicle record information about them for distribution for surveys, marketing, and solicitations; and
(b) surveys, marketing, and solicitations and that surveys, marketing, and solicitations will not be directed at those individuals who have requested in a timely fashion that they not be directed at them.
(3) Any business entity or other person receiving motor vehicle record information for distribution under this section shall file an affidavit with the department declaring, under penalty for perjury:
(a) that it is a registered corporation doing business in South Carolina, in accordance with the laws of this State;
(b) exactly what it intends to do with the information.
(4) No phone numbers or motor vehicle license plate numbers shall be rented or sold under this section.
(5) Nothing in this section allows the department to release any name, address or telephone number information to any person requesting such information based solely upon a motor vehicle license plate number."
(B) Of the funds appropriated to the Department of Revenue and Taxation for operating expenses of its Motor Vehicle Division, the department shall expend not more than one thousand dollars to establish procedures for implementation of this section.
B. This section takes effect July 1, 1996./
Renumber sections & amend totals/title to conform.
Rep. QUINN explained the amendment.
Rep. HODGES spoke against the amendment and moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Baxley Breeland Brown, G. Byrd Cato Cave Clyburn Cobb-Hunter Cromer Delleney Easterday Govan Harris, J. Harris, P. Hines, J. Hodges Howard Inabinett Jennings Keyserling Kirsh Lee Lloyd McAbee McCraw McMahand Meacham Moody-Lawrence Neal Phillips Rice Richardson Rogers Seithel Sheheen Shissias Simrill Stille Stoddard Townsend Trotter Whatley Whipper, L. Whipper, S. White Wilder Wilkes
Those who voted in the negative are:
Allison Askins Bailey Brown, H. Cain Canty Chamblee Cotty Dantzler Davenport Felder Fleming Fulmer Gamble Hallman Harrell Harrison Harvin Haskins Hutson Keegan Kelley Kinon Klauber Knotts Koon Lanford Law Limbaugh Littlejohn Loftis Marchbanks Mason Neilson Quinn Rhoad Riser Robinson Sandifer Scott Sharpe Smith, D. Smith, R. Spearman Stuart Tripp Tucker Vaughn Waldrop Walker Wells Wilkins Witherspoon Wofford Worley Young Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
It was my intention to vote to table this amendment as I feel that it is inappropriate to sell constituent information without their permission.
Let the record reflect my opposition to this amendment.
Rep. JOHN W. TUCKER, JR.
Rep. G. BROWN proposed the following Amendment No. 243 (Doc Name P:\amend\GJK\22441JM.96), which was rejected.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 59-1-444 SO AS TO PROVIDE THAT FUNDS APPROPRIATED IN THE ANNUAL GENERAL APPROPRIATIONS ACT FOR AID TO SCHOOL DISTRICTS SHALL NOT BE USED TO REQUIRE A STUDENT TO TAKE PHYSICAL EDUCATION IN VIOLATION OF THE STUDENT'S WRITTEN RELIGIOUS DOCTRINE OR CREED.
The 1976 Code is amended by adding:
"Section 59-1-444. Notwithstanding any other provision of this title, beginning with Fiscal Year 1996-97, funds appropriated by the General Assembly in the annual general appropriations act to the State Department of Education for Aid to School Districts shall not be provided to districts to fund physical education classes that require a student to take physical education in violation of the student's written religious doctrine or creed."/
Renumber sections & amend totals/title to conform.
Rep. G. BROWN explained the amendment.
Rep. KNOTTS raised the Point of Order that Amendment No. 243 was out of order as it was not germane.
Rep. G. BROWN argued contra the Point citing Page 179, Lines 22 and 39.
The SPEAKER inquired about the substantial effect of the amendment.
Rep. HASKINS stated that the substantial effect was setting up a condition whereby they received the funds.
The SPEAKER stated that it was germane and he overruled the Point of Order.
Rep. KNOTTS moved to table the amendment, which was not agreed to.
Rep. TOWNSEND spoke against the amendment.
The amendment was then rejected.
Rep. HUTSON proposed the following Amendment No. 244 (Doc Name P:\amend\PFM\8085DW.96), which was adopted.
Amend the bill, as and if amended, Part II, by adding a new SECTION appropriately numbered to read:
TO AMEND SECTION 2-15-60, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DUTIES OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO MAKE IT A DUTY OF THE COUNCIL TO ASSIST THE GENERAL ASSEMBLY, INCLUDING ITS APPROPRIATE STANDING COMMITTEES, TO IMPLEMENT A "ZERO BASE" BUDGET PROCESS IN THE PREPARATION OF THE GENERAL APPROPRIATIONS BILL BEGINNING WITH FISCAL YEAR 1996-1997.
A. Section 2-15-60 of the 1976 Code, as last amended by Act 329 of 1990, is further amended by adding:
"(d) To assist the General Assembly, including its appropriate standing committees, to implement a 'zero base' budget process in the preparation of the general appropriations bill beginning with fiscal year 1996-1997."
B. This section takes effect July 1, 1996./
Renumber sections & amend totals/title to conform.
Rep. HUTSON explained the amendment.
The amendment was then adopted.
Rep. McABEE proposed the following Amendment No. 245 (Doc Name P:\amend\DKA\3587AC.96), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND TITLE 2 OF THE 1976 CODE RELATING TO THE GENERAL ASSEMBLY BY ADDING CHAPTER 50 SO AS TO ESTABLISH THE CAPITAL PROJECTS OVERSIGHT COMMITTEE, TO PROVIDE FOR ITS MEMBERSHIP, AND TO ASSIGN THE POWERS AND DUTIES OF THE FORMER STATE BOND REVIEW COMMITTEE TO THE CAPITAL PROJECTS OVERSIGHT COMMITTEE.
A. Title 2 of the 1976 Code is amended by adding:
Section 2-50-10. The General Assembly finds that a need exists for careful planning of permanent improvements and of the utilization of State general obligation and institutional bond authority in order to ensure the continued favorable bond credit rating our State has historically enjoyed. It further finds that the responsibility for proper management of these matters is placed upon the General Assembly by our State Constitution. It is the purpose of this resolution to further ensure the proper legislative response in the fulfillment of this responsibility.
Section 2-50-20. There is hereby established a Capital Projects Oversight Committee. The Capital Projects Oversight Committee shall consist of four members of the Ways and Means Committee, one of whom shall be the Ways and Means Committee Chairman and three other members who shall be appointed by the Chairman and four members of the Senate Finance Committee, one of whom shall be the Senate Finance Committee Chairman and three other members who shall be appointed by the Chairman.
Section 2-50-30. The committee is specifically charged with, but not limited to, the following responsibilities:
(1) To review, prior to approval by the Budget and Control Board, the establishment of any permanent improvement project and the source of funds for any such project not previously authorized specifically by the General Assembly.
(2) To study the amount and nature of existing general obligation and institutional bond obligations and the capability of the State to fulfill such obligations based on current and projected revenues.
(3) To recommend priorities of future bond issuance based on the social and economic needs of the State.
(4) To recommend prudent limitations of bond obligations related to present and future revenue estimates.
(5) To consult with independent bond counsel and other nonlegislative authorities on such matters and with fiscal officials of other states to gain in-depth knowledge of capital management and assist in the formulation of short and long-term recommendations for the General Assembly.
(6) To carry out all of the above assigned responsibilities in consultation and cooperation with the executive branch of government and the Budget and Control Board.
(7) To report its findings and recommendations to the General Assembly annually or more frequently if deemed advisable by the committee.
Section 2-50-40. No project authorized in whole or in part for capital improvement bond funding under the provisions of Act 1377 of 1968, as amended, may be implemented until funds can be made available and until the Capital Projects Oversight Committee, in consultation with the Budget and Control Board, establishes priorities for the funding of the projects. The Capital Projects Oversight Committee shall report its priorities to the members of the General Assembly within thirty days of the establishment of the funding priorities.
Section 2-50-50. To assist the State Budget and Control Board (the board) and the Capital Projects Oversight Committee (the committee) in carrying out their respective responsibilities, any agency or institution requesting or receiving funds from any source for use in the financing of any permanent improvement project, as a minimum, shall provide to the Board, in such form and at such times as the Board, after review by the Committee, may prescribe: (a) a complete description of the proposed project; (b) a statement of justification for the proposed project; (c) a statement of the purposes and intended uses of the proposed project; (d) the estimated total cost of the proposed project; (e) an estimate of the additional future annual operating costs associated with the proposed project; (f) a statement of the expected impact of the proposed project on the five-year operating plan of the agency or institution proposing the project; (g) a proposed plan of financing the project, specifically identifying funds proposed from sources other than capital improvement bond authorizations; and (h) the specification of the priority of each project among those proposed.
All institutions of higher learning shall submit permanent improvement project proposal and justification statements to the Board through the Commission on Higher Education which shall forward all such statements and all supporting documentation received to the Board together with its comments and recommendations. The recommendations of the Commission on Higher Education, among other things, shall include all of the permanent improvement projects requested by the several institutions listed in the order of priority deemed appropriate by the Commission on Higher Education without regard to the sources of funds proposed for the financing of the projects requested.
The Board shall forward a copy of each project proposal and justification statement and supporting documentation received together with the Board's recommendations on such projects to the Committee for its review and action. The recommendations of the Commission on Higher Education shall be included in the materials forwarded to the Committee by the Board.
No provision in this section or elsewhere in this chapter, shall be construed to limit in any manner the prerogatives of the Committee and the General Assembly with regard to recommending or authorizing permanent improvement projects and the funding such projects may require.
Section 2-50-60. The board shall establish formally each permanent improvement project before actions of any sort which implement the project in any way may be undertaken and no expenditure of any funds for any services or for any other project purpose contracted for, delivered, or otherwise provided prior to the date of the formal action of the board to establish the project shall be approved. State agencies and institutions may advertise and interview for project architectural and engineering services for a pending project so long as the architectural and engineering contract is not awarded until after a state project number is assigned. After the committee has reviewed the form to be used to request the establishment of permanent improvement projects and has reviewed the time schedule for considering such requests as proposed by the board, requests to establish permanent improvement projects shall be made in such form and at such times as the board may require.
Any proposal to finance all or any part of any project using any funds not previously authorized specifically for the project by the General Assembly or using any funds not previously approved for the project by the Board and reviewed by the Committee shall be referred to the Committee for review prior to approval by the Board.
Any proposed revision of the scope or of the budget of an established permanent improvement project deemed by the Board to be substantial shall be referred to the Committee for its review prior to any final action by the Board. In making their determinations regarding changes in project scope, the Board and the Committee shall utilize the permanent improvement project proposal and justification statements, together with any supporting documentation, considered at the time the project was authorized or established originally. Any proposal to increase the budget of a previously approved project using any funds not previously approved for the project by the Board and reviewed by the Committee shall in all cases be deemed to be a substantial revision of a project budget which shall be referred to the Committee for review. The Committee shall be advised promptly of all actions taken by the Board which approve revisions in the scope of or the budget of any previously established permanent improvement project not deemed substantial by the Board.
Section 2-50-70. All state agencies responsible for providing and maintaining physical facilities are required to submit an Annual Permanent Improvement Program (APIP) to the Capital Projects Oversight Committee and the Budget and Control Board. The APIP must include all of the agency's permanent improvement projects anticipated and proposed to be started in the upcoming year. The purpose of the APIP process is to provide the board and the committee with a comprehensive view of each agency's permanent improvement activities. Agencies must submit an APIP to the committee and the board on or before June 15 of each year. The APIP covers the next fiscal year period beginning July 1. The APIP for each higher education agency, including the technical colleges, must be submitted through the Commission on Higher Education which must review the APIP and provide its recommendations to the board and the committee. The board and the committee may develop policies and procedures to implement and accomplish the purposes of this section. The APIP must be approved by August first of the fiscal year for which the APIP applies.
The State shall define a permanent improvement only in terms of capital improvements, as defined by generally accepted accounting principles, for reporting purposes to the State.
Section 2-50-80. Each state agency and institution may accept gifts-in-kind for architectural and engineering services and construction of a value less than two hundred fifty thousand dollars with the approval of the Commission of Higher Education or its designated staff, the Director of the Division of General Services, and the Capital Projects Oversight Committee or its designated staff. No other approvals or procedural requirements, including the provisions of Section 11-35-10, may be imposed on the acceptance of such gifts.
Section 2-50-90. The Capital Projects Oversight Committee is hereby authorized and directed to regulate the starting date of the various projects approved for funding through the issuance of state highway bonds so as to ensure that the sources of revenue for debt service on such bonds shall be sufficient during the current fiscal year."
B. This section takes effect July 1, 1996./
Renumber sections & amend totals/title to conform.
Rep. McABEE explained the amendment.
The amendment was then adopted.
The motion of Rep. KOON to reconsider the vote whereby Amendment No. 176 was tabled was taken up.
Rep. McABEE moved to table the motion to reconsider.
Rep. WITHERSPOON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Cain Delleney Harris, J. Harris, P. Hodges Jennings Keegan Klauber Lee Littlejohn McAbee Phillips Sandifer Spearman Stille Stoddard Stuart Thomas Tucker Walker Whipper, L. Whipper, S. Wilder
Those who voted in the negative are:
Allison Askins Bailey Baxley Brown, G. Brown, J. Brown, T. Byrd Cato Cave Chamblee Clyburn Cobb-Hunter Dantzler Easterday Felder Fleming Fulmer Gamble Govan Hallman Harrell Harrison Harvin Hines, J. Howard Hutson Inabinett Kelley Keyserling Kinon Kirsh Knotts Koon Limbaugh Limehouse Lloyd Loftis Marchbanks Mason McCraw McTeer Meacham Moody-Lawrence Neal Rhoad Rice Richardson Riser Robinson Rogers Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Tripp Trotter Vaughn Wells Whatley White Wilkes Wilkins Witherspoon Wofford Worley Young
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider, which was agreed to.
Rep. WITHERSPOON explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. SHARPE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Breeland Brown, G. Brown, J. Brown, T. Byrd Cain Cato Cave Chamblee Clyburn Cobb-Hunter Cotty Dantzler Easterday Felder Fulmer Gamble Govan Hallman Harrell Harris, J. Harrison Hines, J. Howard Hutson Inabinett Kelley Keyserling Kinon Kirsh Knotts Koon Lee Limbaugh Limehouse Lloyd Loftis Marchbanks Mason McCraw McMahand McTeer Meacham Moody-Lawrence Neal Phillips Rhoad Rice Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Tripp Trotter Vaughn Wells Whatley Whipper, L. Whipper, S. White Wilkes Wilkins Witherspoon Worley
Those who voted in the negative are:
Davenport Delleney Harvin Hodges Jennings Keegan Klauber Law Littlejohn McAbee Spearman Stille Stoddard Stuart Thomas Tucker Waldrop Walker Wilder Wofford Young
So, the amendment was adopted.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 3G was adopted was taken up and agreed to.
Reps. ROBINSON, McABEE and TUCKER proposed the following Amendment No. 128 (Doc Name P:\amend\dc.42), which was adopted.
Amend the bill, as and if amended, Part IA, Section 3G, Reorganization Committee, page 0018, line 05, opposite /Projects Coordinator (P)/ by decreasing the amount(s) in Column 5 and Column 6 by:
COLUMN 5 COLUMN 6
/ 197,361 197,361
( ) ( )
Amend the bill further, as and if amended, Part IA, Section 3G, Reorganization Committee, page 0018, line 08, / by decreasing the FTEs in Column 5 and Column 6 by:
COLUMN 5 COLUMN 6
/
(1.00) (1.00)
Amend the bill further, as and if amended, Part IA, Section 3G, Reorganization Committee, page 0018, line 09, opposite /Admin. Asst/ by decreasing the amount(s) in Column 5 and Column 6 by:
COLUMN 5 COLUMN 6
/ 62,248 62,248
( ) ( )
Amend the bill further, as and if amended, Part IA, Section 3G, Reorganization Committee, page 0018, line 11, opposite /Temp Pos-Leg.SRC/ by decreasing the amount(s) in Column 5 and Column 6 by:
COLUMN 5 COLUMN 6
/ 10,000 10,000
( ) ( )
Amend the bill further, as and if amended, Part IA, Section 3G, Reorganization Committee, page 0018, line 12, opposite /Taxable Subsistence/ by decreasing the amount(s) in Column 5 and Column 6 by:
COLUMN 5 COLUMN 6
/ 2,000 2,000
Amend the bill further, as and if amended, Part IA, Section 3G, Reorganization Committee, page 0018, line 16, opposite /Other Oper Expenses/ by decreasing the amount(s) in Column 5 and Column 6 by:
COLUMN 5 COLUMN 6
/ 88,685 88,685
( ) ( )
Amend the bill further, as and if amended, Part IA, Section 3G, Reorganization Committee, page 0018, line 23, opposite /Employee Contributions/ by decreasing the amount(s) in Column 5 and Column 6 by:
COLUMN 5 COLUMN 6
/ 68,597 68,597
Amend the bill further, as and if amended, Part IA, Section 3G, Reorganization Committee, page 0018, line 13, opposite /Other personal service/ by decreasing the amount(s) in Column 5 and Column 6 by:
COLUMN 5 COLUMN 6
/ 7,185 7,185
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Rep. ROBINSON explained the amendment.
The amendment was then adopted.
Section 3G as amended was adopted.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 6B was adopted was taken up and agreed to.
Rep. QUINN proposed the following Amendment No. 16 (Doc Name P:\amend\JL.17), which was adopted.
Amend the bill, as and if amended, Part IA, Section 6B, SLED, page 30, line 22, opposite /CLASSIFIED POSITIONS/ by increasing the amount(s) in Column 5 and Column 6 by:
COLUMN 5 COLUMN 6
/ 35,056 35,056
(1) (1)
Amend the bill further, as and if amended, Part IA, Section 6B, SLED, page 30, line 22, opposite /CLASSIFIED POSITIONS/ by increasing the amount(s) in Column 5 and Column 6 by:
COLUMN 5 COLUMN 6
/ 21,648 21,648
(1) (1)
Amend the bill further, as and if amended, Part IA, Section 6B, SLED, page 33, line 26, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Column 5 and Column 6 by:
COLUMN 5 COLUMN 6
/ 8,477.32 8,477.32
( ) ( )
Amend the bill further, as and if amended, Part IA, Section 6B, SLED, page 33, line 26, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Column 5 and Column 6 by:
COLUMN 5 COLUMN 6
/ 5,460.25 5,460.25
( ) ( )
Renumber sections and amend totals/title to conform.
Rep. HUTSON proposed the following Amendment No. 112 (Doc Name P:\amend\ff.1), which was adopted.
Amend the bill, as and if amended, Part IA, Section 6B, Governor's Office-State Law Enforcement Division, page 0031, line 39, opposite /other operating expenses/ by decreasing the amount(s) in Column 5 and Column 6 by:
COLUMN 5 COLUMN 6
/ 100,000 100,000
( ) ( )
Amend the bill further, as and if amended, Part IA, Section 6B, Governor's Office-State Law Enforcement Division, page 0032, line 5, opposite /DNA Database Program/ by increasing the amount(s) in Column 5 and Column 6 by:
COLUMN 5 COLUMN 6
/ 100,000 100,000
( ) ( )
Renumber sections and amend totals/title to conform.
Section 6B as amended was adopted.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 11 was adopted was taken up and agreed to.
Rep. QUINN proposed the following Amendment No. 251 (Doc Name P:\amend\JL.16), which was adopted.
Amend the bill, as and if amended, Part IA, Section 11, ATTORNEY GENERAL, page 49, line 5, opposite /CLASSIFIED POSITIONS/ by decreasing the amount(s) in Column 5 and Column 6 by:
COLUMN 5 COLUMN 6
/ 35,056 35,056
(1) (1)
Amend the bill further, as and if amended, Part IA, Section 11, ATTORNEY GENERAL, page 49, line 5, opposite /CLASSIFIED POSITIONS/ by decreasing the amount(s) in Column 5 and Column 6 by:
COLUMN 5 COLUMN 6
/ 21,648 21,648
(1) (1)
Amend the bill further, as and if amended, Part IA, Section 11, ATTORNEY GENERAL, page 49, line 23, opposite /EMPLOYER CONTRIBUTIONS/ by decreasing the amount(s) in Column 5 and Column 6 by:
COLUMN 5 COLUMN 6
/ 8,477.32 8,477.32
( ) ( )
Amend the bill further, as and if amended, Part IA, Section 11, ATTORNEY GENERAL, page 49, line 23, opposite /EMPLOYER CONTRIBUTIONS/ by decreasing the amount(s) in Column 5 and Column 6 by:
COLUMN 5 COLUMN 6
/ 5,460.25 5,460.25
( ) ( )
Renumber sections and amend totals/title to conform.
Section 11 as amended was adopted.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 12 was adopted was taken up and agreed to.
Reps. QUINN, TUCKER and D. SMITH proposed the following Amendment No. 179 (Doc Name P:\amend\jl.83), which was adopted.
Amend the bill, as and if amended, Part IA, Section 12, Prosecution Coordination Commission, page 50, line 12, opposite /other operating expenses/ by increasing the amount(s) in Column 6 by:
COLUMN 5 COLUMN 6
/ 19,423
( ) ( )
Amend the bill further, as and if amended, Part IA, Section 12, Prosecution Coordination Commission, page 50, line 15, opposite /Judicial Circuits State Support/ by increasing the amount(s) in Column 6 by:
COLUMN 5 COLUMN 6
/ 480,577
( ) ( )
Renumber sections and amend totals/title to conform.
Section 12 as amended was adopted.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 15 was adopted was taken up and agreed to.
Rep. H. BROWN proposed the following Amendment No. 66 (Doc Name P:\amend\dc.40), which as adopted.
Amend the bill, as and if amended, Part IA, Section 15, Adjutant General, page 55, line 29, opposite /Other operating exp./ by increasing the amount(s) in Column 5 and Column 6 by:
COLUMN 5 COLUMN 6
/ 100,000 100,000
( ) ( )
Renumber sections and amend totals/title to conform.
Section 15 as amended was adopted.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 29 was adopted was taken up and agreed to.
Reps. LANFORD and FELDER proposed the following Amendment No. 116 (Doc Name P:\amend\ta.16), which was adopted.
Amend the bill, as and if amended, Part IA, Section 29, Department of Health & Human Services, page 208, line 10, opposite /Other Medicaid Services/ by decreasing the amount(s) in Column 5 and Column 6 by:
COLUMN 5 COLUMN 6
/ 100,000 100,000/
( ) ( )
Amend the bill further, as and if amended, Part IA, Section 29, Department of Health & Human Services, page 208, line I, opposite /Family Planning/ by increasing the amount(s) in Column 5 and Column 6 by:
COLUMN 5 COLUMN 6
/ 100,000 100,000/
( ) ( )
Renumber sections and amend totals/title to conform.
Section 29 as amended was adopted.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 19 was adopted was taken up.
Rep. H. BROWN moved to table the motion, which was not agreed to by a division vote of 38 to 47.
The question then recurred to the motion to reconsider.
Rep. HARRELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Bailey Baxley Breeland Brown, G. Brown, J. Brown, T. Byrd Cain Canty Cave Clyburn Cobb-Hunter Cromer Davenport Delleney Felder Gamble Govan Harris, J. Harris, P. Harvin Hines, J. Hodges Howard Inabinett Jennings Keyserling Kinon Knotts Lanford Lee Lloyd McAbee McCraw McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Rogers Sandifer Scott Sheheen Shissias Simrill Smith, D. Spearman Stille Stoddard Thomas Tucker Waldrop Whipper, L. Whipper, S. White Wilder Wilkes Young
Those who voted in the negative are:
Allison Brown, H. Cato Chamblee Cotty Dantzler Easterday Fleming Fulmer Hallman Harrell Harrison Haskins Keegan Kelley Kirsh Klauber Koon Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McKay Meacham Quinn Rice Robinson Sharpe Smith, R. Stuart Townsend Tripp Trotter Vaughn Walker Wells Wilkins Witherspoon Wofford Worley Young-Brickell
So, the motion to reconsider was agreed to.
The motion of Rep. RHOAD to reconsider the vote whereby Amendment No. 38 was rejected was taken up.
Rep. HARRELL spoke against the motion to reconsider.
Rep. J. HARRIS spoke in favor of the motion to reconsider.
Rep. HARRELL 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 Brown, H. Cato Chamblee Cotty Dantzler Easterday Fleming Hallman Harrell Harrison Haskins Herdklotz Keegan Kelley Kirsh Klauber Koon Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McKay Quinn Rice Robinson Sharpe Smith, R. Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Wells Wilkins Wofford Worley Young-Brickell
Those who voted in the negative are:
Anderson Askins Bailey Baxley Breeland Brown, G. Brown, J. Brown, T. Byrd Cain Canty Cave Clyburn Cobb-Hunter Cromer Davenport Delleney Felder Gamble Govan Harris, J. Harris, P. Harvin Hines, J. Hodges Howard Hutson Inabinett Jennings Keyserling Kinon Knotts Lanford Lee Lloyd McAbee McCraw McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Richardson Riser Rogers Sandifer Scott Seithel Sheheen Shissias Simrill Spearman Stille Stoddard Thomas Tucker Whatley Whipper, L. Whipper, S. White Wilder Wilkes Witherspoon Young
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider, which was agreed to.
The amendment was then adopted.
Section 19 as amended was adopted.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 20 was adopted was taken up.
Rep. H. BROWN moved to table the motion, which was agreed to.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 3C was adopted was taken up and agreed to.
Rep. H. BROWN proposed the following Amendment No. 255 (Doc Name P:\amend\dc.99), which was adopted.
Amend the bill, as and if amended, Part IA, Section 3C, Leg. Dept.-Leg. Council, page 13, line 12, opposite /Printing Code Supplement/ by increasing the amount(s) in Column 5 and Column 6 by:
COLUMN 5 COLUMN 6
/ 200,000 200,000
( ) ( )
Renumber sections and amend totals/title to conform.
Section 3C as amended was adopted.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 34 was adopted was taken up and agreed to.
Rep. QUINN proposed the following Amendment No. 254 (Doc Name P:\amend\bj.25), which was adopted.
Amend the bill, as and if amended, Part IA, Section 34, Department of Public Safety, page 254, line 21, opposite /Highway patrol/ by increasing the amount(s) in Column 5 by:
COLUMN 5 COLUMN 6
/ 600,000 600,000
( ) ( )
Renumber sections and amend totals/title to conform.
Section 34 as amended was adopted.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 42 was adopted was taken up and agreed to.
Reps. QUINN, TUCKER and D. SMITH proposed the following Amendment No. 257 (Doc Name P:\amend\jl.82), which was adopted.
Amend the bill, as and if amended, Part IA, Section 42, Department of Probation, Parole & Pardon, page 301, line 26, opposite /Other operating expenses/ by decreasing the amount(s) in Column 6 by:
COLUMN 5 COLUMN 6
/ 250,000
( ) ()
Amend the bill further, as and if amended, Part IA, Section 42, Department of Probation, Parole & Pardon, page 301, line 28, opposite /Case Services/ by decreasing the amount(s) in Column 6 by:
COLUMN 5 COLUMN 6
/ 250,000
( ) ( )
Renumber sections and amend totals/title to conform.
Section 42 as amended was adopted.
The SPEAKER granted Rep. BAILEY a leave of absence for the remainder of the day.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 4A was adopted was taken up.
Rep. QUINN moved to table the motion, which was agreed to.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 6DD was adopted was taken up and rejected.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 18C was adopted was taken up and agreed to.
Rep. HARRISON proposed the following Amendment No. 75 (Doc Name P:\amend\tmr.7), which was adopted.
Amend the bill, as and if amended, Part IB, Section 18C, The Citadel, page 428, Paragraph 1, lines 14-15 by striking
/Fourth Circuit Court of Appeals/
and inserting the following:
/U.S. Supreme Court/
Renumber sections & amend totals/title to conform.
Section 18C as amended was adopted.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 18M was adopted was taken up.
Rep. SEITHEL moved to table the motion.
Rep. SEITHEL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Breeland Brown, G. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Cotty Delleney Easterday Fleming Gamble Govan Harris, J. Hodges Howard Hutson Inabinett Keyserling Kirsh Knotts Limehouse Lloyd Loftis McMahand Meacham Moody-Lawrence Neilson Phillips Quinn Rhoad Riser Sandifer Scott Seithel Sheheen Shissias Simrill Spearman Stille Thomas Tripp Trotter Waldrop Whipper, L. Whipper, S. White Wilder Witherspoon Young Young-Brickell
Those who voted in the negative are:
Allison Askins Baxley Brown, H. Cato Chamblee Dantzler Davenport Felder Fulmer Hallman Harrell Harris, P. Harrison Harvin Herdklotz Hines, J. Keegan Kelley Kinon Klauber Koon Lanford Law Lee Limbaugh Littlejohn Marchbanks Mason McAbee McCraw McKay McTeer Rice Richardson Robinson Rogers Smith, D. Smith, R. Stoddard Stuart Tucker Vaughn Walker Wells Wilkes Wilkins Wofford Worley
So, the motion to reconsider was tabled.
The SPEAKER granted Reps. TUCKER and ANDERSON a leave of absence for the remainder of the day.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 20 was adopted was taken up and agreed to.
Reps. LANFORD, J. BROWN, CANTY, LITTLEJOHN, MASON, TUCKER, G. BROWN, DAVENPORT, JASKWHICH, FLEMING, KNOTTS, GAMBLE, MEACHAM, STODDARD, CARNELL, NEILSON, ALLISON, S. WHIPPER, RICE, HERDKLOTZ, CLYBURN, SIMRILL, KEYSERLING, SANDIFER, McCRAW, PHILLIPS, McELVEEN, J. YOUNG, NEAL, KENNEDY, RICHARDSON, WALDROP, WRIGHT, CHAMBLEE, RHOAD, GOVAN, HODGES, WELLS, HARRIS, McKAY, WILLIAMS, WILKES, KLAUBER, LEE, WALKER, L. WHIPPER, CROMER, CATO, VAUGHN, ASKINS, TROTTER, RISER, DANTZLER, MOODY-LAWRENCE, TRIPP, D. SMITH, ELLIOTT and LAW proposed the following Amendment No. 119 (Doc Name P:\amend\tmr.15), which was adopted.
Amend the bill, as and if amended, Part IB, Section 20, ETV, page 443, line 15, by adding an appropriately numbered paragraph to read:
/It is the intent of the General Assembly that ETV continue to operate the regional television stations at a funding level no less than the amount provided during FY 95-96. ETV shall not reduce funding or personnel assigned to these stations. ETV must shift funds from internal administration to the regional stations to comply with this provision/
Renumber sections & amend totals/title to conform.
Section 20 as amended was adopted.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 24 was adopted was taken up and agreed to.
Rep. GOVAN proposed the following Amendment No. 80 (Doc Name P:\amend\bs.6), which was adopted.
Amend the bill, as and if amended, Part IB, Section 24, Department of Archives & History, page 447, line 10, by adding an appropriately numbered paragraph to read:
/(AH: Historical Burial Ground) Of the funds appropriated in Part IA, Section 24, $100,000 may be expended in FY 96-97 for historical burial ground preservation./
Renumber sections & amend totals/title to conform.
Section 24 as amended was adopted.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 32 was adopted was taken up and agreed to.
Reps. RICE and MARCHBANKS proposed the following Amendment No. 100 (Doc Name P:\amend\TA.8), which was adopted.
Amend the bill, as and if amended, Part IB, Section 32, Department of Disabilities and Special Needs, page 461, line 22, by adding an appropriately numbered paragraph to read:
/From the funds provided herein, the Dept. of Disabilities and Special Needs will provide $25,000 for a pilot project in Pickens County to teach autistic children using the Lovaas method in order to assist in mainstreaming these children back into society and thereby reducing future long term care costs./
Renumber sections & amend totals/title to conform.
Section 32 as amended was adopted.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 43 was adopted was taken up and agreed to.
Rep. MEACHAM proposed the following Amendment No. 170 (Doc Name P:\amend\jl.95), which was adopted.
Amend the bill, as and if amended, Part IB, Section 43, Department of Juvenile Justice, page 469, line 30, by adding an appropriately numbered paragraph to read:
/The Department is authorized to pay the Juvenile Justice Parole Board member up to $200 per day for services rendered to the agency in the performance of their official duties. The total amount of agency funds which can be utilized in this manner cannot exceed $48,000 per year/
Renumber sections & amend totals/title to conform.
Section 43 as amended was adopted.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 63 was adopted was taken up and agreed to.
Rep. H. BROWN proposed the following Amendment No. 167 (Doc Name P:\amend\dc.90), which was adopted.
Amend the bill, as and if amended, Part IB, Section 63, Department of Revenue, page 478, line 19, Paragraph 4, by deleting the paragraph in its entirety and inserting a new paragraph to read / (DOR: Bingo and Video Poker Revenue) As to revenue derived from the provisions of Chapter 12, Title 21, which is collected from bingo, the Department of Revenue and Taxation may withhold from the General Fund portion of this revenue, the actual costs of Bingo audit activity and of criminal record checks pursuant to the evaluation of applications for bingo licenses. As to revenue derived in accordance with S. C. Code Ann. Section 12-21-2720 (3), the Department of Revenue may withhold the actual costs, not to exceed $250,000 per fiscal year, of video game machine audit activity by agents of the Department of Revenue. Any winnings resulting from these activities must be deposited to the General Fund. The Department, annually, shall make a report to the Governor and General Assembly outlining the collection activities as a result of this proviso. This proviso will expire June 30, 1999/
Renumber sections & amend totals/title to conform.
Section 63 as amended was adopted.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 33 was adopted was taken up and agreed to.
Rep. H. BROWN proposed the following Amendment No. 242 (Doc Name P:\amend\pfm\8068HTC.96), which was adopted.
Amend the bill, as and if amended, Part II, SECTION 33, page 540, line 25, by striking /Comptroller General/ and inserting /Department of Revenue and Taxation/
Renumber sections & amend totals/title to conform.
Section 33 as amended was adopted.
Rep. KIRSH proposed the following Amendment No. 32 (Doc Name P:\amend\JIC\5314CM.96), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-21-3320, AS AMENDED, OF THE 1976 CODE, RELATING TO REGULATION OF BINGO GAMES AND DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "NONPROFIT ORGANIZATION".
Section 12-21-3320(5) of the 1976 Code, as added by Act 188 of 1989, is amended to read:
"(5) 'Nonprofit organization' means an organization entity which is organized and operated exclusively for charitable, religious, or fraternal purposes which is exempt from federal income taxes pursuant to Internal Revenue Code Section 501(c)(3), 501(c)(4), 501(c)(8), or 501(c)(10), or 501(c)(19)."/
Renumber sections & amend totals/title to conform.
Rep. KIRSH explained the amendment.
Rep. SHEHEEN raised the Point of Order that Amendment No. 32 was out of order as it was not germane.
Rep. KIRSH argued contra the Point.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. STILLE moved to reconsider the vote whereby Section 21 was adopted.
Rep. HARRELL moved to table the motion to reconsider, which was agreed to.
Rep. STILLE moved to reconsider the vote whereby Section 22 was adopted.
Rep. HARRELL moved to table the motion to reconsider, which was agreed to.
Reps. FULMER and ROBINSON proposed the following Amendment No. 259 (Doc Name P:\amend\PFM\8086JM.96), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO REQUIRE CERTAIN STATE OFFICERS TO REVIEW THE PROPOSED SALE OR LEASE BETWEEN THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND COLUMBIA/HCA, AND TO PROVIDE FOR RELATED MATTERS.
The members of the State Budget and Control Board, the Joint Bond Review Committee or the Capital Projects Oversight Committee, the Commission on Higher Education, and the board of the Medical University of South Carolina, shall review the proposed sale or lease between the Medical University of South Carolina and Columbia/HCA and shall forward the proposed contracts for the sale or lease and their respective recommendations to the General Assembly which has thirty legislative days from the receipt of these recommendations to review the proposal. After the thirty legislative days and if recommended by the State Budget and Control Board, the Joint Bond Review Committee or the Capital Projects Oversight Committee, the Commission on Higher Education, and the board of the Medical University of South Carolina, the sale or lease of MUSC facilities to Columbia/HCA shall occur unless the General Assembly, by joint resolution, has disapproved the sale or lease, or both. For purposes of this paragraph, only those calendar days occurring during a regular session of the General Assembly, excluding local days and special sessions, are included in computing the thirty legislative days. All assets and liabilities of the Medical University of South Carolina and the Medical University of South Carolina Hospital and their respective budget items contained in Sections 18MA and 18MB of Part IA of this act must be considered during the review process./
Renumber sections & amend totals/title to conform.
Rep. FELDER explained the amendment.
Rep. SHEHEEN raised the Point of Order that Amendment No. 259 was out of order as the section had already been clinched.
Rep. FELDER argued contra the Point.
Rep. SHEHEEN stated that the amendment contradicted Rep. SEITHEL's earlier amendment.
The SPEAKER stated that the amendments dealt with the same subject matter but that it was a different approval process.
Rep. KLAUBER stated that the difference from his Point of Order raised on his amendment earlier was that his was on the same section.
The SPEAKER stated that the section had been clinched and he sustained the Point of Order and ruled the amendment out of order.
Rep. ROBINSON moved to reconsider the vote whereby Section 19 was adopted.
Rep. HARRELL moved to table the motion to reconsider, which was agreed to.
Rep. H. BROWN moved to table all pending motions to reconsider, which was agreed to.
Rep. H. BROWN gave notice of offering amendments on third reading.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. H. BROWN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Breeland Brown, H. Brown, J. Brown, T. Byrd Cain Cato Chamblee Clyburn Cotty Cromer Dantzler Davenport Delleney Easterday Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Haskins Herdklotz Hines, J. Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limehouse Littlejohn Lloyd Loftis Marchbanks Mason McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Shissias Simrill Smith, R. Spearman Stoddard Stuart Thomas Townsend Tripp Trotter Vaughn Walker Wells Whatley Wilder Wilkins Witherspoon Wofford Worley Young Young-Brickell
Those who voted in the negative are:
Allison Baxley Brown, G. Canty Cave Cobb-Hunter Govan Harvin Hodges Howard Hutson Limbaugh Neal Rogers Sheheen Smith, D. Stille Whipper, S. White Wilkes
So, the Bill, as amended, was read the second time and ordered to third reading.
I voted in opposition to this year's budget bill because it contains provisions that are inconsistent with my views on home rule and the ability of our local governments to handle their own fiscal affairs.
Rep. C. ALEX HARVIN III
We voted against the Appropriations Bill because it failed to include funding for full-day kindergarten, failed to address the basic education needs of the State, failed to provide for a reasonable employee raise, and imposed unreasonable restrictions on the power of local governments. This bill failed to address the most important priorities facing our State.
Rep. JAMES H. HODGES
Rep. TIMOTHY C. WILKES
Rep. GRADY A. BROWN
While I support much of what is contained in the Appropriations Bill, I cannot justify the seemingly never ending trend of spending more and more of taxpayer money on state government.
Rep. L. HUNTER LIMBAUGH
I voted for H. 4600, notwithstanding my concern about the growth of state spending. H. 4600 represents spending on some very good programs. However, it is my desire that we move more toward some form of "zero-based" budgeting so that we can do a better job of spending tax dollars and, hopefully, return more money to the taxpayers.
Rep. ALFRED B. ROBINSON, JR.
Once again I have chosen to vote against the budget as it requires spending more money than ever before. This seems inappropriate. We need to be cutting the size of government.
I support many of the concepts included in the budget, such as the caps on local government and the two-thirds voting requirement for all levels of government including the General Assembly.
Rep. DOUG SMITH
Had I been in the chambers, I would have voted for the 1996-97 budget, H. 4600. Due to health reasons, I had to leave before the final vote. If I could, I would like to be recorded in the Journal as being in favor of the budget.
Rep. DAVE C. WALDROP, JR.
I have a speaking engagement in Charleston at 7:30 P.M., so I had to leave the House Chambers at 5:15 P.M. I would have voted for second reading passage of the budget bill had I been present.
Rep. DAVID A. WRIGHT
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A, Part 1B and Part II, Section Number(s) 56, 57, 58, 65, 55, 42, 63, 5, 4A
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. J. MICHAEL BAXLEY
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 69
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. HARRY F. CATO
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 68B
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. HARRY F. CATO
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part II, Section Number(s) 11
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. GILDA COBB-HUNTER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 29
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. GILDA COBB-HUNTER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 30
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. GILDA COBB-HUNTER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 31
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. GILDA COBB-HUNTER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 35
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. GILDA COBB-HUNTER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A, Part 1B and Part II, Section Number(s) 4a, 5, 39, 34, 55, 42, 56, 57, 11, 58, 65, 63, 62
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. WILLIAM F. COTTY
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A, Part 1B and Part II, Section Number(s) 56, 57, 58, 65, 63, 62, 55, 42, 4A, 5, 39, 35, 34, 11
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. F.G. DELLENEY, JR.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A, Part 1B and Part II, Section Number(s) 5, 31, 32, 42, 41, 54, 55, 65 and/or Amendment Number(s) ALL
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. JOHN G. FELDER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A, Part 1B and Part II, Section Number(s) 29, 30, 31, 32, 34, 55, 65, 54 and/or Amendment Number(s) RELATED TO
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. JOHN G. FELDER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A, Part 1B and Part II, Section Number(s) 56, 57, 58, 65, 63, 62, 55, 42, 4A, 5, 17B, 34
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. RONALD N. FLEMING
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part 1B, Section Number(s) 18A
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B). I am a part-time employee of the University of South Carolina.
Rep. MARGARET J. GAMBLE
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part 1B, Section Number(s) 18K
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B). I am a part-time employee of the University of South Carolina.
Rep. MARGARET J. GAMBLE
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 19-0013 (Parenting Program)
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. JERRY N. GOVAN, JR.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A, Part 1B and Part II, Section Number(s) 5 & 63
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. JAMES H. HARRISON
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4600 General Subject Matter: General Appropriation Bill, 1996
S.C. Health and Human Finance Services Commission
S.C. Department of Health and Environmental Control
S.C. Jobs and Economic Development Authority
S.C. Forestry Commission
S.C. Department of Insurance
S.C. Workers' Compensation Fund
S.C. Workers' Compensation Commission
S.C. Board of Technical Comprehensive Education
S.C. Second Injury Fund
S.C. Department of Consumer Affairs
S.C. Department of Social Services
S.C. Department of Insurance Services
S.C. Insurance Reserve Fund
S.C. Public Service Authority
S.C. Public Service Commission
S.C. Ports Authority
S.C. Department of Commerce
The reason for abstaining on the above reference legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriations bill by myself, an individual with who I am associated in partnership with, or a business or a partnership in which I have a greater than 5% interest.
Rep. C. ALEX HARVIN III
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part II, Amendment Number(s) 213
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. TERRY E. HASKINS
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part 1B, Section Number(s) 55, 42, 4A, 5, 39
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. DOUGLAS JENNINGS, JR.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A, Part 1B and Part II, Section Number(s) 56, 57, 58, 65, 55, 5, 34, 11
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. JAMES S. KLAUBER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A, Part 1B and Part II, Section Number(s) 56, 57, 58, 65, 63, 62, 55, 42, 4A, 5, 39, 35, 34, 17, 11, 41
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. L. HUNTER LIMBAUGH
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A, Part 1B and Part II, Section Number(s) 56, 57, 58, 65, 63, 62, 55, 42, 4A, 5, 39, 35, 34, 11
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. L. MORGAN MARTIN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A, Part 1B and Part II, Section Number(s) 56, 5, 65, 4A, 55
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. JOSEPH T. McELVEEN, JR.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IB, Section Number(s) 19-A, p. 439, paragraph 31
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. DENNY W. NEILSON
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part II, Section Number(s) 24 and/or Amendment Number(s) 193
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. REX FONTAINE RICE
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part II, Section Number(s) 24 and/or Amendment Number(s) 126, 222
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. REX FONTAINE RICE
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part 1B, Section Number(s) 62
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. ALFRED B. ROBINSON, JR.
In accordance with Section 8-13-700 (B) of the S.C. Code, I abstained on the following section of H. 4600, the General Appropriation Bill, because of potential conflicts of interest, and wish to have my recusals noted for the record in the House Journal.
Part 1A, Part 1B and Part II, Section Number(s) 5, 6C, 8, 11, 16, 17B, 30, 38, 39, 50, 51, 54, 55, 56, 58, 59, 60, 61, 62, 63, 64, 65, 66, 69
Rep. TIMOTHY F. ROGERS
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 18
The reason for abstaining on the above referenced legislation is:
Did not vote on salaries or money because brother is employed there.
Rep. ROBERT J. SHEHEEN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part II, Amendment Number(s) 213
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. ROBERT J. SHEHEEN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 55 & 5
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. ROBERT J. SHEHEEN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A, Part 1B and Part II, Section Number(s) 56, 57, 58, 65, 63, 62, 55, 42, 4A, 5, 39, 35, 11
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. DOUG SMITH
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IB, Section Number(s) 19-A
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. MOLLY M. SPEARMAN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A, Part 1B and Part II, Section Number(s) 56, 57, 58, 65, 63, 62, 55, 42, 4A, 5, 39, 35, 34, 11
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. PAULA H. THOMAS
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part 1B, Section Number(s) 65
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. CAROLE C. WELLS
I will not be voting on R-60-Sec. 65 Employment Security Commission part of the budget.
I feel this would be a conflict of interest on my part since I have been elected to the Commission effective 7-1-96.
Rep. CAROLE C. WELLS
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part 1B, Section Number(s) 57, 58, 63
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 5
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 24 & 63
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 56
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 8
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 16
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 17D
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 17C
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 17G
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 17F
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 17A
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 17B
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 17E
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 9
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 20
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 16
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 65
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 3B
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 62
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 8
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part 1B, Section Number(s) 11
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part II, Amendment Number(s) 213
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. DAVID H. WILKINS
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part 1B, Section Number(s) 42
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. DAVID H. WILKINS
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 55 & 5
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. DAVID H. WILKINS
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IB, Section Number(s) 5
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. DAVID H. WILKINS
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A, Part 1B and Part II, Section Number(s) 56, 57, 58, 65, 63, 62, 55, 42, 4A
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. W. JEFFREY YOUNG
Rep. SHEHEEN moved that when the House adjourns, it adjourn to meet in Local Session on Monday, March 4, at 10:00 A.M., which was agreed to.
Rep. H. BROWN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4687 -- Reps. Wilder, Carnell and Stoddard: A CONCURRENT RESOLUTION CONGRATULATING CMI INDUSTRIES, INC., ON ITS CENTENNIAL CELEBRATION.
H. 4691 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF WALTER SHERARD MCADAMS OF ANDERSON AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
At 10:00 P.M. the House in accordance with the motion of Rep. BREELAND adjourned in memory of Birdie Garrett of Charleston, to meet at 10:00 A.M., Monday, March 4, in Local Session.
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