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The PRESIDENT stated that Rule 18 provides that the division of the question is a request and not a motion.

Amendment No. 235 was divided as follows:

The question then was the adoption of Part A.

A. 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, to it. and any such General tax increases or new general taxes must be enacted only by separate act passed by a vote of at least three-fifths of the members of each house."

Senator BRYAN raised a Point of Order that Part A of Amendment No. 235 was out of order inasmuch as it was not germane to the Bill.

Senator THOMAS spoke on the Point of Order.

Senator THOMAS raised a Point of Order that the Point of Order raised by Senator BRYAN was out of order inasmuch as it came too late.

Senator BRYAN spoke on the Point of Order.

The PRESIDENT overruled the Point of Order raised by Senator THOMAS.

The PRESIDENT overruled the Point of Order raised by Senator BRYAN.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan             Drummond         Elliott

Ford              Glover           Jackson

Land              Lander           Leatherman

Leventis          Matthews         McConnell

McGill            Moore            O'Dell

Patterson         Rankin           Reese

Short             Smith, G.        Washington

Alexander         Cork             Courson

Courtney          Giese            Gregory

Hayes             Martin           Mescher

Passailaigue      Peeler           Richter

Rose              Russell          Ryberg

Setzler           Smith, J.V.      Stilwell

Thomas            Waldrep          Wilson

The PRESIDENT voted "no."

The Senate refused to table the amendment. The question then was the adoption of the amendment.

Senator BRYAN argued contra to the adoption of the amendment.

Senator BRYAN moved to lay Part A of Amendment No. 235 on the table.

Bryan             Drummond         Ford

Giese             Glover           Jackson

Land              Lander           Leatherman

Leventis          Matthews         McConnell

McGill            Moore            O'Dell

Patterson         Rankin           Reese

Short             Smith, G.        Smith, J.V.

Washington

Alexander         Cork             Courson

Courtney          Elliott          Gregory

Hayes             Martin           Mescher

Peeler            Richter          Rose

Russell           Ryberg           Setzler

Stilwell          Thomas           Waldrep

Wilson

Part A of Amendment No. 235 was laid on the table.

This is clearly unconstitutional. It must be accomplished by a joint resolution. To pass this to look good to the voters back home but know it will be taken to the courts and make lawyers rich is wrong. I am pledged to uphold the Constitution - not to violate it. To bind the legislature we must pass a constitutional amendment.

The question then was the adoption of Part B of Amendment No. 235.

B. The 1976 Code is amended by adding:

"Section 6-1-60. The various political subdivisions of the State may not increase the millage rate imposed for operating purposes, excluding utilities, for a tax year over the millage rate imposed for such purposes for the prior tax year by more than the percentage increase in the consumer price index in the most recently completed calendar year. As used in this section, `political subdivisions' include counties, municipalities, special purpose, or public service districts, and the governing bodies authorized by law to levy school taxes. An increase, not to exceed the increase allowed to reflect the consumer price index, may be imposed by a three-fifth's vote of the governing body. Any further increase may be imposed only if the increase is approved by a majority of the qualified electors of the political subdivision voting in a referendum called for this purpose."

C. This section takes effect July 1, 1995, except that subsection (B) applies for property tax years beginning after 1995. Any political subdivision which increases its ad valorem millage rates on or after January 1, 1996, in violation of Section 6-1-60 as amended by this section shall have its allocation from Aid to Subdivisions in Part IA, Section 68A of the 1995-96 general appropriations act, and in the applicable part of any future general appropriations act, reduced by the amount of the ad valorem taxes derived from the excess millage. No funds may be expended in any manner after July 1, 1995, or appropriated in any general appropriations act, including the 1995-96 general appropriations act, which are derived from a general tax increase enacted after July 1, 1995, which violates the provisions of Section 11-11-440 as amended by this section./

Renumber sections and amend totals and title to conform.

Senator BRYAN spoke on the amendment.

Senator BRYAN moved that Part B of Amendment No. 235 be tabled.

Alexander         Bryan            Drummond

Elliott           Ford             Glover

Jackson           Land             Lander

Leatherman        Leventis         Matthews

McGill            Mescher          Moore

O'Dell            Patterson        Rankin

Reese             Rose             Ryberg

Short             Smith, G.        Smith, J.V.

Stilwell          Waldrep          Washington

Cork              Courson          Courtney

Giese             Gregory          Martin

McConnell         Peeler           Richter

Russell           Thomas           Wilson

Part B of Amendment No. 235 was laid on the table.

In an effort to be sure I do not violate the ethics law of 1991, I abstain from voting on Sections B and C of Amendment No. 235 because I represent a division of local government in legal matters.

Because counties are political subdivisions, this is constitutional since the General Assembly may impose restrictions on the spending of local government. Therefore, I can support this with a clear conscience.

I voted against Part B, containing Sections "B" and "C" of Amendment No. 235 for two reasons. First, I see no reason to require a "three-fifth's vote of the governing body" just for millage to keep up with the rate of inflation, as would be required by the third sentence of Section "B". Secondly, this amendment makes no provision for certain contingencies, like emergencies and additional unfunded mandates.

I favor limiting the growth of a local government's tax millage to the rate of inflation, as may be measured by the Consumer Price Index. I also favor requiring voter approval or a super-majority vote of a governing body to raise tax millage beyond a certain rate. However, local governments must have the latitude to raise money needed due to extraordinary or emergency circumstances beyond their control, such as Hurricane Hugo, and to pay for new unfunded mandates imposed upon them by the federal or state governments. Perfecting these amendment provisions was not feasible when this 1:00 A.M. vote was taken at the end of a fifteen-hour session.

Senators MOORE, GIESE and McGILL proposed the following Amendment No. 246 (3362R251.TLM), which was adopted:

Amend the bill, as and if amended, Part II, page 522, Section 48, by striking the section in its entirety and inserting:

A. Notwithstanding the rates of the soft drinks license tax imposed pursuant to Article 13, Chapter 21, Title 12 of the 1976 Code, the license tax due from a taxpayer pursuant to that article is reduced as follows for returns due during the applicable fiscal year:

Fiscal Year Liability Reduction

1996-97 one-sixth

1997-98 one-third

1998-99 one-half

1999-2000 two-thirds

2000-2001 five-sixths

C. There is created a special Joint Committee to review the structure, applicability, operation and exemptions of all sales, use and excise taxes imposed under Title 12 of the 1976 Code. The Committee shall be composed of eight (8) members, four who shall be members of the Senate appointed by the Chairman of the Senate Finance Committee and four who shall be members of the House of Representatives appointed by the Chairman of the House Ways and Means Committee. The Committee shall publish its report and transmit the same to the members of the General Assembly, not later than March thirty-first of 1996./

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Senator DRUMMOND asked unanimous consent that the staff of the Finance Committee be authorized to prepare the necessary balancing amendments to be delivered to the Clerk and along with any necessary technical corrections certified by the Clerk, the amendments would be adopted and the Bill be given a third reading.

There was no objection.

Senator DRUMMOND proposed the following Amendment No. 247 (009.FAR), which was adopted:

Amend the bill, as and if amended, Part IA, Section 71, ESTIMATE OF GENERAL, SCHOOL, HIGHWAY, AND EDUCATION IMPROVEMENT ACT REVENUES, page 378, Senate Finance Committee column by:

STRIKING:Departmental Revenue 50,224,391

INSERTING: Departmental Revenue 51,417,198

Amend the bill further, as and if amended, Part IA, Section 71, ESTIMATE OF GENERAL, SCHOOL, HIGHWAY, AND EDUCATION IMPROVEMENT ACT REVENUES, page 378, Senate Finance Committee column by:

INSERTING: Soft Drinks Tax 27,621,000

Amend sections, totals and title to conform.

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

There being no further amendments, the Bill, H. 3362, the General Appropriation Bill, was read the third time, returned to the House with amendments.

Senator ROSE desired to be recorded as voting against the third reading of the Bill.

Senator DRUMMOND moved that, when the Senate adjourns on Monday, May 8, 1995, it stand adjourned to meet next Tuesday, May 9, 1995, at 12:00 Noon, which motion was adopted.

At 12:50 A.M., on motion of Senator DRUMMOND, the Senate adjourned to meet next Monday, May 8, 1995, at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the ACTING PRESIDENT, Senator JACKSON.

MEMORANDUM TO: Clerk of the Senate

Clerk of the House
DATE: May 3, 1995
SUBJECT: Transcripts of Hearings

In compliance with the Provisions of Act 119 of 1975, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.

Respectfully submitted,
Eugene C. Stoddard, Chairman

Pursuant to Act 119 of 1975, the Committee to Screen Candidate for Boards of Trustees of State Colleges and Universities was convened to consider the qualifications of candidates seeking to fill certain positions on boards of trustees of the state's colleges and universities. The committee conducts such investigation of each candidate as it deems appropriate and reports its findings to the General Assembly prior to the election. It is not the function of the Committee to recommend one candidate over another or to suggest to the individual legislator for whom to vote. The purpose of the committee is instead to determine whether a candidate is qualified and under the statute, the committee's determination in that regard is not binding upon the General Assembly. The candidates are:

Coastal Carolina University - eights seats by congressional district

Seat 1, 1st District
Clark B. Parker (Myrtle Beach)

Seat 5, 3rd District
Payne Barnette, Jr. (Greenwood)
Carey J. Green (Seneca)

Seat 7, 4th District
Elaine W. Marks (Spartanburg)

Seat 9, 5th District
Juli S. Powers (Clio)

Seat 11, 6th District
Fred F. DuBard (Florence)
Seat 13, At Large
Franklin Burroughs (Conway)

Seat 15, At Large
Edwin C. Wall, Jr. (Conway)

Medical University of South Carolina - one seat by congressional district for an unexpired term/1996

Second District
H. Donald McElveen (Columbia)

South Carolina State University - three seats by congressional district and one unexpired term/1997 by congressional district

Seat 1, 1st District
Arnold Collins (Charleston)
Moses A. Wilds, Sr. (Charleston)
George Williams (Conway)

Seat 2, 2nd District
Anthony T. Grant (Columbia)

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