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The Senate assembled at 2:00 P.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear a word about a higher call, recorded in First Samuel, Chapter 3 (v.10)(NRSV):
"Now the Lord came and stood there, calling
`Samuel! Samuel!' And Samuel said,
`Speak Lord, for Your servant is listening.'"
Let us pray.
Lord God Jehovah, we rejoice to read that Samuel's spirit was so attuned to the Spirit of his God that his God could speak directly to his mind and heart.
We remember that the nature lover, John Burroughs, could walk along a noisy street and hear a cricket in the hedge; so attuned was he to the little voices of nature.
In this quiet moment, may we not so much speak to You, as to permit Your Spirit to speak to us.
All through these days, amidst the hubbub of this place, speak, Lord, to our listening hearts... in Jehovah's Name.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, John de la Howe School Board of Trustees, with term to commence April 1, 1995, and to expire April 1, 2000:
At-Large:
Mr. Sylvester E. Williams, III, 205 Briggs Avenue, Greenwood, S.C. 29649
Referred to the Committee on Education.
April 19, 1995
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, Juvenile Parole Board, with term to commence June 30, 1995, and to expire June 30, 1999:
At-Large:
Mr. W.C. Jenkins, 3300 Ebenezer Chase Drive, Florence, S.C. 29501
Referred to the Committee on Corrections and Penology.
Senator PASSAILAIGUE introduced Dr. Ralph Shealy of Charleston, S.C., Doctor of the Day.
At 2:00 P.M., the leave of absence granted to Senator LAND for today was rescinded.
At 3:00 P.M., Senator SETZLER requested a leave of absence from 6:30 - 8:30 P.M.
The following were introduced:
S. 807 -- Senators Rose, Elliott, Greg Smith and Rankin: A BILL TO AMEND SECTION 6-4-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF ACCOMMODATIONS TAX REVENUES, SO AS TO PROVIDE THAT ONE MILLION DOLLARS OF THE REVENUES OF THE ACCOMMODATIONS TAX IN A FISCAL YEAR MUST BE REMITTED QUARTERLY TO ANY COUNTY IN WHICH IS COLLECTED MORE THAN SIX MILLION DOLLARS IN SUCH REVENUES IN THE FISCAL YEAR AND TO PROVIDE THAT THE COUNTY MUST USE THIS ALLOCATION ONLY FOR ROAD CONSTRUCTION OR MAINTENANCE.
Read the first time and referred to the Committee on Finance.
S. 808 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-17-85 SO AS TO PROVIDE THAT ANY PERSON ENGAGED IN THE PRIVATE DETECTIVE BUSINESS BEFORE UNDERTAKING THE PHYSICAL SURVEILLANCE OF ANOTHER PERSON IN CONNECTION WITH A CASE ON WHICH HE HAS BEEN RETAINED MUST FIRST RECEIVE WRITTEN COURT PERMISSION, AND TO PROVIDE THE PROCEDURES FOR OBTAINING SUCH COURT PERMISSION.
Read the first time and referred to the Committee on Judiciary.
S. 809 -- Senators Hayes, Peeler, Short and Gregory: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF C. EDGAR WILLIAMS, JR., OF ROCK HILL, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered sent to the House.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the Honorable David M. Beasley to attend a Governor's legislative reception on the Mall at the Governor's Mansion on Wednesday, May 17, 1995, from 6:00 until 8:00 P.M.
Courson Peeler Wilson
Matthews Thomas Patterson
Russell
NOT VOTING O'Dell Passailaigue Rose
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Columbia Prayer Committee to attend a National Day of Prayer Observance on the State House Steps, North Side on Thursday, May 4, 1995, from 12:00 Noon until 1:00 P.M.
Courson Peeler Wilson
Matthews Thomas Patterson
Russell
Printed Page 2214 . . . . . Tuesday, May 2, 1995
NOT VOTING O'Dell Passailaigue Rose
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 4137 -- Reps. Spearman, McAbee and Clyburn: A BILL TO CREATE THE REGISTRATION AND ELECTIONS COMMISSION FOR SALUDA COUNTY AND TO ABOLISH THE SALUDA COUNTY ELECTION COMMISSION AND THE BOARD OF REGISTRATION OF SALUDA COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.
(By prior motion of Senator LANDER)
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 731 -- Senator Moore: A BILL TO AMEND SECTION 40-45-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATION OF PHYSICAL THERAPISTS, SO AS TO ESTABLISH THE PASSING SCORE FOR EXAMINATIONS.
The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:
H. 4138 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
(By prior motion of Senator DRUMMOND, with unanimous consent)
The following Bill having been read the second time was ordered placed on the third reading Calendar:
S. 370 -- Senators Bryan, Giese, Washington and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-5245 SO AS TO PROVIDE REQUIREMENTS FOR PLACEMENT OF EMOTIONALLY DISTURBED CHILDREN IN SUBSTITUTE CARE SETTINGS.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF THE GENERAL APPROPRIATION BILL.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 52 (JIC\5894HTC.95) proposed by Senators WILSON and THOMAS and previously printed in the Journal of Monday, May 1, 1995.
Senator WILSON argued in favor of the adoption of the amendment and Senator DRUMMOND argued contra.
With Senator DRUMMOND retaining the floor, Senator WILLIAMS, asked unanimous consent to make a motion to grant leave to the members of the Judiciary Committee to attend a brief committee meeting, to be counted in any quorum calls, and if any roll call votes were taken, to be granted leave to vote from the balcony.
There was no objection and the motion was adopted.
At 3:32 P.M., on motion of Senator J. VERNE SMITH, the Senate receded from business not to exceed twenty minutes, with Senator DRUMMOND retaining the floor.
At 3:55 P.M., the Senate resumed.
Senator DRUMMOND continued arguing contra to the adoption of the amendment.
Senator WILLIAMS argued contra to the adoption of the amendment.
Senator WILLIAMS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as
follows:
Alexander Bryan Cork
Courtney Drummond Ford
Giese Glover Gregory
Hayes Holland Jackson
Land Lander Leatherman
Leventis Martin Matthews
McGill Moore O'Dell
Patterson Reese Ryberg
Saleeby Short Smith, G.
Smith, J.V. Stilwell Waldrep
Washington Williams
Courson McConnell Mescher
Passailaigue Peeler Rankin
Richter Rose Russell
Setzler Thomas Wilson
The amendment was laid on the table.
We voted in support of the Wilson Amendment (No. 52) because of our fundamental disapproval of property taxes which we feel are punitive in nature. We think that the property tax is the most egregious and regressive tax imposed on our citizenry. There are other tax instruments that we think have merit that the Senate will debate including a flat tax and the proposal to allow the voters in a referendum to choose a new tax structure.
We support the concept of this amendment that we need to spend more on property tax relief, but we cannot vote for a proposal that does not designate where the additional money is coming from. If this amendment passes, the additional money could be coming from a lottery, video poker, or EIA funds, and such funding is unacceptable to us.
I voted against tabling this amendment because I believe that property tax relief and adequate funding of quality education are not incompatible and both are priorities which can be accomplished and should not be pitted against each other.
While I support property tax reform, I do not believe this amendment is the correct way to reach the goal. The cuts in the budget should come before the revenue is shifted. The goal should be responsible by outlining the agencies in which the reductions will be made.
Senators PASSAILAIGUE and JACKSON proposed the following Amendment No. 61 (JIC\5897HTC.95) to perfect Amendment No. 52:
Amend Amendment No. 52 (JIC\5894HTC.95), as and if amended, by striking the
amendment in its entirety and inserting in lieu thereof the following:
SECTION 1. The State Election Commission shall conduct a statewide referendum on November 7, 1995, on the question of raising the sales tax in order to provide property 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 director of the
"Do you favor raising the statewide sales, use, and casual excise tax rate from five to six percent, eliminating certain exemptions, and raising the three hundred dollar cap on motor vehicles and certain other property in order to exempt food from the sales tax and to grant owner-occupied residential property an exemption from all property taxes levied for operating purposes except those levied pursuant to referendum and those levied by special purpose or public service districts and county special tax districts and to give property tax relief for personal property required to be titled and for manufacturing and utility property?
[] 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'."
SECTION 1. Chapter 36, Title 12 of the 1976 Code is amended by adding:
Section 12-36-1110. An additional sales, use, and casual excise tax equal to one percent is imposed on amounts taxable pursuant to this chapter. Revenue of the tax imposed pursuant to this article must be credited to the Property Tax Relief Fund in the State Treasury, a fund separate and distinct from the general fund of the State.
Section 12-36-1120. (A) The revenues in the Property Tax Relief Fund must be distributed quarterly beginning October first of each year by the Comptroller General to reimburse property taxing jurisdictions a sum equal to that not collected in the jurisdiction for property tax year 1996 because of Section 12-37-257, the reduction in the assessment ratio imposed pursuant to Section 12-43-220(a) for that tax year, and the additional depreciation allowance for that tax year allowed pursuant to Sections 12-4-565 and 12-37-930. If insufficient revenues are available in the Property Tax Relief Fund to pay the required reimbursements, the Comptroller General shall pay the difference from the general fund of the State. County treasurers and municipal governing bodies where appropriate shall file quarterly reports of estimated revenue losses with the
(B) Reimbursements for subsequent tax years must equal the base year reimbursement from all sources plus adjustments equal to additional amounts reflecting further revenue losses on taxable base year property for continuing reductions in the assessment ratio provided in Section 12-43-220(a), and the additional depreciation allowed pursuant to Sections 12-4-565 and 12-37-930. The adjustments must be made in the base year distribution each fiscal year until all the revenue losses from the specified tax law changes are phased in. Revenues in the fund over the adjusted base year distribution must be allocated between a school portion and a local government portion. The school portion is determined by multiplying revenues above the adjusted base year amount by the ratio that school tax reimbursements represented of total reimbursements from the Property Tax Relief Fund for tax year 1996. These funds must be distributed to school districts through the provisions of the Education Finance Act. The remaining share for local governments must be distributed in the manner provided in Chapter 27 of Title 6."
SECTION 2. Section 12-36-940 of the 1976 Code is amended to read:
"Section 12-36-940. Every retailer may add to the sales price:
(1) no amount on sales of ten cents or less;
(2) one cent on sales of eleven cents and over, but not in excess of twenty cents;
(3) two cents on sales of twenty-one cents and over, but not in excess of forty cents;
(4) three cents on sales of forty-one cents and over, but not in excess of sixty cents;
(5) four cents on sales of sixty-one cents and over, but not in excess of eighty cents;
(6) five cents on sales of eighty-one cents and over, but not in excess of one dollar;
(7) one cent additional for each twenty cents or major fraction thereon in
excess of one dollar.
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