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| Amend further Section 12-37-275, SECTION 4, page 4, line 8, by adding after the period:
/These requests does not extend beyond the immediate preceding tax year./
When amended Section 12-37-275 reads:
/"Section 12-37-275. Notwithstanding any other provision of law, requests for reimbursement for taxes not collected the previous year shall must not be received by the Comptroller General prior to before January first. These requests must be for the reimbursement of eligible accounts which accrue before the first penalty date each year. Those eligible accounts that accrue or are discovered on or after the first penalty date of the tax year must be submitted to the Comptroller General in the next year's reimbursement request. These requests do not extend beyond the immediate preceding tax year."/
Amend further Section 12-60-2510(A)(1)(e), SECTION 12, page 7, by striking lines 12 and 13 and inserting:
/(e) the percentage change over the prior market value, if there is no change in use or physical characteristics of the property;/
Amend title to conform.
Rep. McKAY explained the amendment.
The amendment was then adopted.
Reps. HUTSON and HALLMAN proposed the following Amendment No. 3 (Doc Name P:\amend\JIC\5833HTC.96), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . A. The State Election Commission shall conduct a statewide referendum on November 5, 1996, on the question of raising the sales tax in order to provide tax relief. The state election laws apply to this referendum, mutatis mutandis. The commission shall canvass the results of the referendum and certify the results to the Governor, the Speaker of the House, and the President of the Senate. The referendum question must read substantially as follows:
"Do you favor raising the statewide sales, use, and casual excise tax rate from five to six percent and to set aside the proceeds of the additional one percent plus additional amounts derived from reduced government spending to provide in equal proportions for property tax relief for motor
Yes []
No []
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."
B. This section takes effect upon approval by the Governor./
Renumber sections.
Amend title to conform.
Rep. HUTSON explained the amendment.
Rep. McKAY raised the Point of Order that Amendment No. 3 was out of order as it was not germane in that the amendment dealt with sales tax and the Bill dealt with property tax.
Rep. HUTSON argued contra the Point.
The SPEAKER stated that the amendment was not germane to the title of the Bill and that the amendment did not have the same substantial effect as the Bill and he sustained the Point of Order and ruled the amendment out of order.
Rep. LITTLEJOHN proposed the following Amendment No. 4 (Doc Name P:\amend\JIC\5842HTC.96), which was adopted.
Amend the bill, as and if amended, by inserting a penultimate SECTION to read:
/SECTION . A. Section 12-37-220(B)(2) of the 1976 Code, as last amended by Act 90 of 1991, is further amended to read:
"(2) The dwelling house in which he a person resides and a lot not to exceed one acre of land owned in fee or for life, or jointly with his the person or her the person's spouse, by a paraplegic or hemiplegic person or a person who is blind and permanently and totally disabled, is exempt from all property taxation provided the person furnishes satisfactory proof of his the disability to the State Department of Revenue and Taxation. The exemption is allowed to the surviving spouse of the person so long as the spouse does not remarry, resides in the dwelling, and obtains by devise the fee or a life estate in the dwelling. The dwelling house is
B. This section takes effect upon approval by the Governor and applies to taxable years after 1995./
Renumber sections to conform.
Amend title to conform.
Rep. LITTLEJOHN explained the amendment.
The amendment was then adopted.
Reps. H. BROWN and McKAY proposed the following Amendment No. 5 (Doc Name P:\amend\GJK\22685HTC.96), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Section 12-51-60 of the 1976 Code is amended to read:
"Section 12-51-60. The successful bidder at the delinquent tax sale shall pay legal tender to the person officially charged with the collection of delinquent taxes in the full amount of the bid on the day of the sale. Upon payment, the person officially charged with the collection of delinquent taxes shall furnish the purchaser a receipt for the purchase money and attach a copy of the receipt to the execution with the endorsement of his actions which must be retained by him. Expenses of the sale must be paid first and the balance of all delinquent tax sale monies collected must be turned over to the treasurer. Upon receipt of the funds, the treasurer shall immediately mark the public tax records regarding the property sold as follows: Paid by tax sale held on (insert date). All other monies received, including any excess due the defaulting taxpayer after payment of delinquent taxes, assessments, penalties, and costs, must be retained, paid out, and accounted for by the delinquent tax collector. Once a tax deed has been issued, the defaulting taxpayer must be notified in writing by the delinquent tax collector of any excess due the taxpayer. The notice must be addressed and mailed to the defaulting taxpayer in the manner provided in Section 12-51-40(b) for taking exclusive possession of real property. Expenses of providing this notice are considered costs of the sale for purposes of determining the amount, if any, of the excess."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. McKAY explained the amendment.
Rep. McELVEEN proposed the following Amendment No. 6 (Doc Name P:\amend\PFM\9261HTC.96), which was tabled.
Amend the Committee on Ways and Means Report, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 12-43-220(a) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(a) (1) All real and personal property owned by or leased to manufacturers and utilities and used by the manufacturer or utility in the conduct of the business must be taxed on an assessment equal to ten and one-half percent a percentage of the fair market value of the property as follows.:
Property Tax Year. . . . .Percentage
Before 1996. . . . .10.5
1997. . . . .10.0
1998. . . . .9.5
1999. . . . .9.0
2000. . . . .8.5
2001. . . . .8.0
2002. . . . .7.5
2003. . . . .7.0
2004. . . . .6.5
After 2004. . . . .6.0
(2) Real property owned by or leased to a manufacturer and used primarily for research and development is not considered used by a manufacturer in the conduct of the business of the manufacturer for purposes of classification of property under this item (a) of this section. The term `research and development' means basic and applied research in the sciences and engineering and the design and development of prototypes and processes.
(3) Real property owned by or leased to a manufacturer and used primarily as an office building is not considered used by a manufacturer in the conduct of the business of the manufacturer for purposes of classification of property under this item (a) of this section if the office building is not located on the premises of or contiguous to the plant site of the manufacturer.
(4) Real property owned by or leased to a manufacturer and used primarily for warehousing and wholesale distribution of clothing and wearing apparel is not considered used by a manufacturer in the conduct of the business of the manufacturer for purposes of classification of
Renumber sections to conform.
Amend totals and title to conform.
Rep. McELVEEN explained the amendment.
Rep. HARRELL spoke against the amendment and moved to table the amendment.
Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Brown, H. Cain Cato Chamblee Cooper Cromer Dantzler Davenport Easterday Fleming Gamble Hallman Harrell Harris, J. Harrison Herdklotz Jaskwhich Keegan Kelley Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McKay Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stuart Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Wofford Worley Wright Young-Brickell
Anderson Baxley Breeland Brown, G. Carnell Cave Clyburn Cobb-Hunter Cotty Delleney Govan Harris, P. Harvin Hines, J. Hines, M. Hodges Howard Inabinett Kennedy Keyserling Kinon Kirsh Lee Lloyd Martin McAbee McCraw McElveen McTeer Moody-Lawrence Neal Neilson Phillips Rogers Sheheen Stille Stoddard Townsend Tucker Whipper, L. Wilder Wilkes Williams Young
So, the amendment was tabled.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. J. BROWN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4909 -- Reps. Harvin, Kennedy, McElveen, J. Young, Neal and Canty: A CONCURRENT RESOLUTION EXPRESSING DEEPEST SORROW AT THE DEATH OF MRS. MAUDE ATKINSON BROWN OF LEE COUNTY, MOTHER OF REPRESENTATIVE GRADY BROWN, AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
H. 4924 -- Rep. Neal: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA AT THE DEATH OF CLARENCE WASHINGTON, JR., OF HOPKINS, SOUTH
H. 4938 -- Reps. Govan, Cobb-Hunter, Sharpe, Felder and Stuart: A CONCURRENT RESOLUTION CONGRATULATING CENTRAL UNITED METHODIST CHURCH OF ORANGEBURG COUNTY ON THE JOYOUS OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY.
H. 4950 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO CONGRATULATE THE HOLLY HILL-ROBERTS HIGH SCHOOL BOYS TRACK TEAM ON WINNING THE CLASS AAA STATE TRACK TITLE.
At 12:59 P.M. the House in accordance with the motion of Rep. COBB-HUNTER adjourned in memory of Listervelt Middleton of Blythewood, to meet at 10:00 A.M. tomorrow.
Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Eternal Father, Whose blessings are new every morning, make us alive to the beauty and wonders of the world around. Awaken us to the beauty of sight and sound. Keep us alive to the value of human character: courage and brotherhood, of lofty thought and wide horizons. Keep us from being little people wrapped in the narrow confinements of selfish pursuits. Spare us from moral softness and spiritual flabbiness. As we undertake our work, put within us steadfast sincerity, moral ruggedness, and an unvarying knowledge of Your way.
So may our service be always pleasing in Your sight, for Yours is the kingdom and the power and the glory forever. 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. SANDIFER moved that when the House adjourns, it adjourn in memory of Paul H. Shelton, Jr. of Seneca, which was agreed to.
The following was received.
Columbia, S.C., April 16, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Honorable Daniel F. Pieper, Post Office Box 877, Goose Creek, S.C. 29445-0877
Very respectfully,
President
Received as information.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 4603 -- Reps. McCraw and Phillips: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO PROVIDE THAT THE OPEN SEASON FOR TAKING ANTLERED DEER IN GAME ZONE 4 WITH BOW AND ARROW SHALL BE AS SET BY THE DEPARTMENT OF NATURAL RESOURCES BETWEEN AUGUST FIFTEENTH AND JANUARY FIRST.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 4785 -- Rep. Wells: A BILL TO AMEND CHAPTER 69, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF VETERINARIANS, SO AS TO REVISE THE CHAPTER TO CONFORM TO A UNIFORM FRAMEWORK FOR THE ORGANIZATION AND OPERATION OF PROFESSIONAL AND OCCUPATIONAL BOARDS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 4343 -- Reps. D. Smith, Littlejohn, Walker, Allison, Haskins, Jennings, Hutson, Cain, Harrison, Vaughn, Wilder, Law, Simrill,
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 4812 -- Reps. McElveen, Harrison, Wilkins and Hodges: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 21, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE REQUIREMENT THAT NEITHER HOUSE DURING THE SESSION OF THE GENERAL ASSEMBLY SHALL ADJOURN WITHOUT THE CONSENT OF THE OTHER FOR MORE THAN THREE DAYS, SO AS TO CHANGE THIS PERIOD TO SEVEN DAYS AND PROVIDE THAT THIS REQUIREMENT IS NOT APPLICABLE TO A PARTICULAR HOUSE IF THERE ARE NO PENDING MESSAGES FROM THE GOVERNOR ON THE CALENDAR OF THAT HOUSE OR IF THERE ARE NO BILLS OR JOINT RESOLUTIONS FROM THE OTHER HOUSE ON THE CONTESTED OR UNCONTESTED CALENDAR OF THAT HOUSE FOR SECOND OR THIRD READING.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 4830 -- Rep. Harrison: BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, BY ADDING CHAPTER 44 SO AS TO ENACT THE UNIFORM LIMITED LIABILITY COMPANY ACT OF 1996 SO AS TO PROVIDE FOR THE MANNER, CONDITIONS, AND PROCEDURES UNDER WHICH LIMITED LIABILITY COMPANIES SHALL BE OPERATED AND GOVERNED BEGINNING GENERALLY ON JANUARY 1, 2001, IN CONFORMITY WITH RECENT CHANGES
Ordered for consideration tomorrow.
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