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Printed Page 680, Feb. 8
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| The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. YOUNG-BRICKELL, with unanimous consent, it was ordered that H. 4369 be read the third time tomorrow.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3131 -- Rep. Hodges: A BILL TO REPEAL CHAPTER 19 OF TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONAL SERVICE CONTRACTS AND THE REQUIREMENT THAT THESE CONTRACTS BE INDEXED IN THE OFFICES OF THE REGISTER OF MESNE CONVEYANCES OR THE CLERK OF COURT.
The following Bill was taken up.
H. 4492 -- Reps. Wilkins, Rice, Meacham, Whatley, Klauber, Wofford, Seithel, Fulmer, Knotts, Sharpe, H. Brown, Harrell, Easterday, Haskins, Cato, D. Smith, Townsend, Fleming, Young-Brickell, Cotty, J. Brown, Harrison, Vaughn, Cain, Sandifer, Witherspoon, Tripp, Robinson, Wells, Gamble and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-85 SO AS TO PROHIBIT MUNICIPALITIES, COUNTIES, SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS FROM IMPOSING TAXES OR FEES ON INDIVIDUALS, CORPORATIONS, OR OTHER BUSINESS ENTITIES AND TO EXEMPT FROM THIS PROHIBITION TAXES AND FEES ENACTED BEFORE DECEMBER 31, 1995, OR TAXES AND FEES AUTHORIZED EXPRESSLY BY THE GENERAL ASSEMBLY.
Reps. WILKINS, SIMRILL, WELLS, ASKINS, ALLISON, McCRAW, RICHARDSON, VAUGHN, MEACHAM, HARRISON, KEYSERLING, YOUNG, PHILLIPS, R. SMITH, MARCHBANKS, LOFTIS,
The Senate amendments to the following Bill were taken up for consideration.
H. 3132 -- Reps. Hodges, Kirsh, Inabinett, Jennings, Richardson and Knotts: A BILL TO AMEND SECTION 14-7-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAMES OF THOSE WHO ARE DRAWN AND SERVE AS JURORS, SO AS TO PERMIT A PERSON WHOSE NAME HAS BEEN PROPERLY DRAWN TO SERVE MORE THAN ONCE EVERY THREE YEARS.
Rep. HARRISON moved to adjourn debate upon the Senate amendments until Tuesday, February 13, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 3486 -- Reps. Tripp, Cromer, Sandifer, Cobb-Hunter, Baxley, Kennedy, Wright, Tucker, Bailey, Stille, Littlejohn, Robinson, Richardson, Huff, Lanford, Wilder, Jaskwhich, Shissias, Vaughn, Simrill, Wells, Trotter, Whatley, Stuart, Rhoad, Govan, Easterday, Seithel, Allison, D. Smith, Cotty, Gamble, Limehouse, A. Young, Koon, J. Harris, Harrison, Fleming, Harvin, Mason, Kirsh, Rice, Marchbanks, Carnell, Meacham, Haskins, Harrell, Cain and Jennings: A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRAWING AND UTTERING OF FRAUDULENT CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO PROVIDE THAT THE SECTION DOES APPLY TO ANY CHECK GIVEN IN FULL OR PARTIAL PAYMENT OF A PREEXISTING DEBT WHICH RESULTED FROM A REVOLVING CREDIT ACCOUNT.
Rep. HARRISON moved to adjourn debate upon the Senate amendments until Tuesday, February 13, which was adopted.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4398 -- Reps. Harrison, Cromer, Jennings, Hutson, Bailey and Allison: A BILL TO AMEND TITLE 40, CHAPTER 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO AS TO DEFINE "RETAILER", TO REQUIRE A RETAILER TO KEEP A RECORD OF THE SOURCE OF NEW MERCHANDISE THAT THE RETAILER OFFERS FOR SALE, TO SPECIFY THE TYPE OF RECORD OR DOCUMENTATION THAT IS REQUIRED, TO PROVIDE THAT THE MERCHANDISE MAY BE CONFISCATED BY A LAW ENFORCEMENT OFFICER UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE EXEMPTIONS, AND TO PROVIDE A PENALTY FOR VIOLATION.
H. 4490 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-775 SO AS TO REQUIRE THE SOUTH CAROLINA REINSURANCE FACILITY ANNUALLY TO DEVELOP AND FILE PHYSICAL DAMAGE LOSS COMPONENTS FOR AUTOMOBILE INSURANCE COVERAGES; TO AMEND SECTIONS 37-2-202 AND 37-3-202, BOTH AS AMENDED, RELATING TO ADDITIONAL CHARGES A CREDITOR AND CONSUMER LENDER, RESPECTIVELY, MAY CHARGE, SO AS TO REQUIRE THAT WHEN SINGLE INTEREST COLLISION COVERAGE IS WRITTEN IN CONNECTION WITH THE PURCHASE OF A MOTOR VEHICLE, NOTICE MUST BE GIVEN THAT THE COVERAGE IS FOR THE BENEFIT OF THE CREDITOR AND OF OTHER OPTIONS AVAILABLE TO THE BUYER; TO AMEND SECTION 38-77-10, AS AMENDED, RELATING TO THE PURPOSES OF THE AUTOMOBILE INSURANCE CHAPTER, SO AS TO CLARIFY THAT THE PURPOSES APPLY TO THE BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY AUTOMOBILE INSURANCE; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS UNDER AUTOMOBILE INSURANCE, SO AS TO ADD THE DEFINITION OF "FACILITY PHYSICAL DAMAGE RATE"; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE REQUIREMENT TO WRITE AUTOMOBILE INSURANCE, SO AS TO CLARIFY THAT THIS REQUIREMENT APPLIES TO BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY
The following Bill was taken up.
H. 4338 -- Reps. Sharpe, Witherspoon, Riser and Seithel: 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, AND SECTION 50-11-390, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES WITH RESPECT TO GAME ZONES, SO AS TO AUTHORIZE SUNDAY HUNTING ON PRIVATE LAND IN GAME ZONES 1, 2, AND 4 UNDER CERTAIN CONDITIONS.
Rep. FLEMING spoke against the Bill.
Rep. WITHERSPOON spoke in favor of the Bill.
Rep. FLEMING moved to continue the Bill, which was not agreed to by a division vote of 32 to 61.
The question then recurred to the passage of the Bill on third reading.
Rep. FLEMING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Baxley Boan Brown, J. Brown, T. Byrd
Cave Clyburn Cobb-Hunter Cotty Cromer Dantzler Felder Fulmer Gamble Govan Hallman Harris, J. Harris, P. Harrison Hines, J. Hines, M. Hodges Howard Hutson Jennings Keegan Kelley Keyserling Kinon Knotts Lanford Law Lee Limehouse Lloyd Martin McAbee McCraw McTeer Neal Neilson Phillips Rhoad Richardson Riser Robinson Rogers Scott Seithel Sharpe Shissias Smith, D. Smith, R. Stille Stuart Thomas Townsend Tucker Vaughn Whatley Whipper, S. White Wilkes Witherspoon Worley Wright Young
Those who voted in the negative are:
Allison Askins Cain Canty Chamblee Cooper Davenport Delleney Easterday Fleming Haskins Herdklotz Kirsh Klauber Koon Littlejohn Loftis Marchbanks Mason McElveen McMahand Meacham Moody-Lawrence Rice Sandifer Sheheen Simrill Stoddard Tripp Trotter Waldrop Walker Wells Wilder Young-Brickell
So, the Bill was read the third time and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 4424 -- Rep. Rice: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF UNITED STATES HIGHWAY 123 IN GREENVILLE COUNTY FROM THE GREENVILLE COUNTY LINE CONTINUING TO PENDLETON STREET IN HONOR OF JOSEPH JEFFERSON WOFFORD "SHOELESS JOE" JACKSON.
Whereas, Joseph Jefferson Wofford "Shoeless Joe" Jackson was born on July 16, 1889, in Pickens County; and
Whereas, Joe's family moved to the Brandon Mill Community in Greenville County when he was six years of age; and
Whereas, by 1902, at thirteen years of age, he was working twelve hours a day in a cotton mill in Greenville County; and
Whereas, Joe's only escape from the drudgery of the mill was in the fields playing baseball; and
Whereas, at the age of fifteen he was an outfielder for the Brandon Mill Baseball Team; and
Whereas, at nineteen years of age Joe signed a seventy-five dollar a month contract to begin his professional baseball career playing for the Greenville Spinners in 1908; and
Whereas, Connie Mack, upon discovering Joe's talent, is credited with saying, "An apothecary down in that burg who had previously written me some good tips in regard to young prospects kept urging me to give this fellow a trial. But what intrigued me most was that this prodigy played without shoes. He doesn't wear spikes or in fact any kind of covering for his feet, came the tip. He's so fast that he can tear around those bases without any such help."; and
Whereas, on July 19, 1908, Joe married his greatest fan and sweetheart, Katie Wynn; and
Whereas, he played for the Philadelphia Athletics during the 1908-1909 season and for the Cleveland Indians from 1910-1915; and
Whereas, while playing for the Indians, Ty Cobb said that Joe was the finest natural hitter he had ever seen; and
Whereas, at the end of the 1915 season, he was traded to the Chicago White Sox where he played on the White Sox's 1917 World Series Championship Team; and
Whereas, the moment in history that "Shoeless Joe Jackson" unfortunately is remembered best is for supposedly throwing the 1919 World Series game between the White Sox and the Cincinnati Reds; and
Whereas, in 1929, Joe and Katie returned to Greenville County as heroes for giving their best to major league baseball and proceeded to open and operate several businesses; and
Whereas, Joe died on December 5, 1951; and
Whereas, there has been an ongoing battle to have his name entered into the Major League Baseball Hall of Fame; and
Whereas, in an effort to demonstrate Joe's importance to baseball and to the community in which he lived, KM Fabrics, Inc., on December 7, 1993, donated and deeded the land known as Old Brandon Mill Ball Field to the Greenville County Recreation District. This is the field on which Joe learned to play the game he truly loved; and
Whereas, The Greenville County Recreation District conducted a "ground breaking" ceremony at this site on October 27, 1994, for the "Shoeless Joe Jackson Memorial Park"; and
Whereas, a grand opening and dedication ceremony for the park will take place on Saturday, March 30, 1996; and
Whereas, it is fitting and proper that a portion of United States Highway 123 in Greenville County from the Greenville County line continuing to Pendleton Street be named the "Shoeless Joe Jackson Memorial Parkway" as a lasting tribute to this distinguished South Carolinian. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request that the Department of Transportation designate and name a portion of United States Highway 123 in Greenville County described in this resolution as the "Shoeless Joe Jackson Memorial Parkway" and to install appropriate markers or signs at places along the highway as the department considers advisable containing the words "Shoeless Joe Jackson Memorial Parkway".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and the family of Joseph Jefferson Wofford Jackson.
Rep. RICE proposed the following Amendment No. 1 (Doc Name P:\amend\DKA\3512CM.96), which was adopted.
Amend the concurrent resolution, as and if amended, page 2, by striking lines 33 through 39 and inserting:
/Whereas, in an effort to demonstrate Joe's importance to baseball and to the community in which he lived, KM Fabrics, Inc., on December 7,
Whereas, The Greenville County Recreation District conducted a "ground breaking" ceremony at this site on October 27, 1994, for the "Shoeless Joe Jackson Memorial Park"; and
Whereas, a grand opening and dedication ceremony for the park will take place on Saturday, March 30, 1996; and/
Amend further by striking the last whereas clause before the resolving words and inserting:
/Whereas, it is fitting and proper that a portion of United States Highway 123 in Greenville County from the Greenville County line continuing to Pendleton Street be named the "Shoeless Joe Jackson Memorial Parkway" as a lasting tribute to this distinguished South Carolinian. Now, therefore,/
Amend further by striking all after the resolving clause and inserting:
/That the members of the General Assembly request that the Department of Transportation designate and name a portion of United States Highway 123 in Greenville County described in this resolution as the "Shoeless Joe Jackson Memorial Parkway" and to install appropriate markers or signs at places along the highway as the department considers advisable containing the words "Shoeless Joe Jackson Memorial Parkway".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and the family of Joseph Jefferson Wofford Jackson./
Amend further by striking the title and inserting:
/TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF UNITED STATES HIGHWAY 123 IN GREENVILLE COUNTY FROM THE GREENVILLE COUNTY LINE CONTINUING TO PENDLETON STREET IN HONOR OF JOSEPH JEFFERSON WOFFORD "SHOELESS JOE" JACKSON./
Amend title to conform.
The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.
The motion period was dispensed with on motion of Rep. SHEHEEN.
The following Bill was taken up.
H. 4360 -- Reps. Hallman, Keyserling, Cain, Bailey, Simrill, Kirsh and Seithel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-45-73 SO AS TO REQUIRE REAL PROPERTY TAX BILLS TO CONTAIN A STATEMENT OF THE PRECEDING YEAR'S TAX DUE IN EACH CATEGORY OF TAX IMPOSED FOR THE CURRENT TAX YEAR AND TO PROVIDE EXCEPTIONS.
Reps. CAVE, HERDKLOTZ and PHILLIPS proposed the following Amendment No. 1, which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:
SECTION 1. Chapter 45, Title 12 of the 1976 Code of Laws is amended by adding:
"Section 12-45-73. (A) 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. This requirement does not apply when improvements have been made to the property or the assessment ratio or use classification of the property has changed from the previous property tax year.
(B) Any governmental entity which issues property tax notices shall be reimbursed for any cost incurred to implement the requirements of this section upon following the procedure set forth below, in the manner set forth below. Reimbursable costs under this provision include costs for 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.
Any increased costs must be set forth in an affidavit submitted on behalf of the governmental entity to the Comptroller General. The Comptroller General shall then have forty-five days from the date the affidavit is received to review the contents of the affidavit and issue a voucher for the payment of the incremental cost of implementing this section. The Comptroller General's voucher shall then be forwarded to the Treasurer
Rep. CAVE explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Boan Brown, G. Brown, H. Brown, J. Brown, T. Cain Cato Cave Chamblee Clyburn Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fleming Gamble Govan Harrell Harris, J. Harris, P. Harrison Haskins Herdklotz Hines, J. Hines, M. Hodges Howard Hutson Jaskwhich Keegan Kelley Keyserling Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Mason McElveen McKay McTeer Meacham Moody-Lawrence Neilson Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Walker Wells Whatley White
Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young Young-Brickell
Those who voted in the negative are:
Breeland McAbee McCraw Phillips Whipper, S. Williams
So, the Bill, as amended, was read the second time and ordered to third reading.
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