Printed Page 2130, Apr. 10
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Printed Page 2130, Apr. 10
| Printed Page 2150, Apr. 10
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The following named Senators voted for Mr. Clary:
Bryan Courtney Fair Giese Martin O'Dell Peeler Reese Russell
The following named Senators voted for Mr. Gray:
Ford Glover Holland Land Leventis Matthews McGill Moore Patterson Saleeby Washington
The following named Senators voted for Mr. Howard:
Alexander Cork Courson Drummond Elliott Gregory Hayes Lander Leatherman McConnell Mescher Passailaigue Rankin Rose Ryberg Setzler Short Smith, G. Smith, J.V. Thomas Waldrep Wilson
On motion of Rep. SHEHEEN, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Clary:
Allison Boan Cato Cooper Davenport Delleney Easterday Fleming Gamble Harris, P. Harrison Herdklotz Jaskwhich Klauber Lanford Limbaugh Littlejohn Loftis
Mason McAbee McCraw Phillips Quinn Riser Sandifer Sharpe Smith, D. Spearman Stoddard Townsend Tucker Vaughn Waldrop Walker Wells Wilder Wilkins
The following named Representatives voted for Mr. Gray:
Anderson Baxley Breeland Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Govan Harvin Hines, J. Hines, M. Howard Inabinett Jennings Kennedy Lee Lloyd McElveen McMahand Moody-Lawrence Neal Neilson Rogers Scott Sheheen Whipper, L. Whipper, S. White Williams Young
The following named Representatives voted for Mr. Howard:
Askins Bailey Brown, H. Cain Chamblee Cotty Cromer Dantzler Elliott Felder Fulmer Hallman Harrell Harris, J. Hodges Hutson Keegan Kelley Keyserling Kinon Kirsh Knotts Koon Law Limehouse Marchbanks Martin McKay McTeer Meacham Rhoad Rice Richardson Robinson Seithel Shissias Simrill Smith, R. Stille Stuart Tripp Trotter Whatley Wilkes Witherspoon
Wofford Worley Wright Young-Brickell
Total number of Senators voting. . . . .42
Total number of Representatives voting. . . . .119
Grand Total. . . . .161
Necessary to a choice. . . . .81
Of which Mr. Clary received. . . . .46
Of which Mr. Gray received. . . . .44
Of which Mr. Howard received. . . . .71
Whereupon, the President announced that none of the candidates having received the necessary vote, the Joint Assembly would proceed to the next ballot.
The following named Senators voted for Mr. Clary:
Bryan Courtney Fair Giese Martin O'Dell Peeler Reese Russell
The following named Senators voted for Mr. Gray:
Ford Glover Holland Land Leventis Matthews McGill Moore Patterson Saleeby Washington
The following named Senators voted for Mr. Howard:
Alexander Cork Courson Drummond Elliott Gregory Hayes Lander Leatherman McConnell Mescher Passailaigue Rankin Rose Ryberg Setzler Short Smith, G.
Smith, J.V. Thomas Waldrep Wilson
On motion of Rep. SHEHEEN, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Clary:
Allison Boan Cato Cooper Delleney Easterday Fleming Gamble Harrison Herdklotz Jaskwhich Klauber Lanford Limbaugh Littlejohn Loftis Mason McCraw Meacham Phillips Quinn Riser Rogers Sandifer Sharpe Simrill Smith, D. Spearman Stoddard Townsend Tripp Tucker Vaughn Waldrop Walker Wells Wilder Wilkins
The following named Representatives voted for Mr. Gray:
Anderson Baxley Breeland Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Govan Harvin Hines, J. Hines, M. Howard Inabinett Jennings Lee Lloyd McElveen McMahand Moody-Lawrence Neal Robinson Scott Whipper, L. Whipper, S. White Williams Young
Askins Bailey Brown, H. Cain Chamblee Cotty Cromer Dantzler Davenport Elliott Felder Fulmer Hallman Harrell Harris, J. Hodges Hutson Keegan Kelley Keyserling Kinon Kirsh Knotts Koon Law Limehouse Marchbanks Martin McKay McTeer Neilson Rhoad Rice Richardson Seithel Sheheen Shissias Smith, R. Stille Stuart Trotter Whatley Wilkes Witherspoon Wofford Worley Wright Young-Brickell
Total number of Senators voting. . . . .42
Total number of Representatives voting. . . . .115
Grand Total. . . . .157
Necessary to a choice. . . . .79
Of which Mr. Clary received. . . . .47
Of which Mr. Gray received. . . . .40
Of which Mr. Howard received. . . . .70
Whereupon, the President announced that none of the candidates having received the necessary vote, the Joint Assembly would proceed to the next ballot.
Rep. CANTY withdrew Mr. Gray as a candidate.
Rep. D. SMITH withdrew Mr. Clary as a candidate.
Whereupon, the President announced that the Honorable William L. Howard was duly elected for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 2:20 P.M. the House resumed, the SPEAKER in the Chair.
Rep. RICHARDSON moved that the House recede until 3:30 p.m., which was rejected by a division vote of 47 to 50.
Rep. SCOTT moved that the House do now adjourn, which was rejected by a division vote of 38 to 65.
Rep. YOUNG-BRICKELL moved that the House recede until 3:35 p.m., which was adopted.
At 3:35 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised. A quorum was later present.
The SPEAKER granted Reps. BAXLEY, BOAN, J. HINES and NEILSON a leave of absence for the remainder of the day to attend Rep. G. BROWN's mother's funeral.
Debate was resumed on the Senate amendments to the following Bill, the pending question being the consideration of Amendment No. 2, Rep. WILKINS having the floor.
H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell,
Reps. WILKINS, D. SMITH and HARRISON proposed the following Amendment No. 2 (Doc Name P:\amend\GJK\22651HTC.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. 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 in a prior act, by this section, or in a future act.
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. However, upon revocation of the declared emergency or as soon as conditions or operations change to the extent the emergency no longer exists, millage rates and service charge rates must return to the rates immediately preceding the emergency;
(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.
(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 by facilities engaged in selling food for consumption on the premises and/or by establishments licensed for on-premises consumption of alcohol, beer, or wine. 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. The charges on accommodations authorized by this subsection cannot be imposed in an incorporated area of the county without the approval of a two-thirds majority of the governing body of the affected municipality, and the charges on food and beverages authorized by this subsection cannot be imposed in an incorporated area of the county. 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
(2)(a) The revenues of the charges authorized by this subsection may be used only for:
(i) tourism-related buildings including, but not limited to, civic centers, coliseums, and aquariums;
(ii) cultural, recreational, or historical facilities;
(iii) beach access and renourishment;
(iv) highways, roads, streets, and bridges providing access to tourist destinations; and
(v) advertisements and promotion related to tourism development.
(b) In counties where at least nine hundred thousand dollars in accommodations taxes is collected annually pursuant to Section 12-36-920, the revenues of the charges also may be used for the operation and maintenance of those items provided in (i) through (v) including, police, fire protection, emergency medical service, and emergency preparedness operations directly attendant to these facilities.
(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 or more than twelve members, a three-fifths vote is required. For purposes of this subsection, the rollback millage rate is computed by dividing the total county property tax collections for the prior year by the new reassessment tax base for all property subject to tax and all fee-in-lieu property within the county."
SECTION 2. Article 1, Chapter 21, Title 5 of the 1976 Code is amended by adding:
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. However, upon revocation of the declared emergency or as soon as conditions or operations change to the extent the emergency no longer exists, millage rates and service charge rates must return to the rates immediately preceding the emergency; or
(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 by facilities located in the municipality engaged in selling food for consumption on the premises and/or by establishments located in the municipality licensed for on-premises consumption of
Printed Page 2130, Apr. 10
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