Printed Page 1090, Mar. 13
| Printed Page 1110, Mar. 13
|
Printed Page 1090, Mar. 13
| Printed Page 1110, Mar. 13
| The following was introduced:
H. 4749 -- Reps. Quinn, Harrison, Scott, Rogers, Wilkins, Cromer, Koon, Gamble and Riser: A CONCURRENT RESOLUTION RECOGNIZING PHIL CHAPPELL OF RICHLAND COUNTY FOR HIS OUTSTANDING SERVICE TO CLEMSON UNIVERSITY AND THE GREATER COLUMBIA CLEMSON CLUB.
The Concurrent Resolution was adopted, ordered returned to the House.
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, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.
The Senate resumed consideration of the Bill. The question being the third reading of the Bill.
Having voted on the prevailing side, Senator McCONNELL moved to reconsider the vote whereby Amendment No. 40 (3901R086.WGR), proposed by Senator RYBERG, was adopted.
Senator McCONNELL spoke on the motion.
Senator RYBERG argued contra to the adoption of the motion to reconsider.
The question then was the motion to reconsider.
Alexander Boan Bryan Courtney Drummond Elliott Ford Glover Holland Jackson Land Lander Martin Matthews McConnell McGill * Mescher O'Dell Passailaigue Patterson Rankin Reese Rose Short Smith, J.V. Washington
Fair Giese Gregory Hayes Leatherman Moore Peeler Richter Ryberg Setzler Smith, G. Thomas Waldrep Wilson
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The motion to reconsider was adopted.
Senator McCONNELL moved to lay Amendment No. 40 on the table.
The amendment was laid on the table.
Having voted on the prevailing side, Senator McCONNELL moved to reconsider the vote whereby Amendment No. 41 (3901R089.WGR), proposed by Senator RYBERG, was adopted.
Senator McCONNELL spoke on the motion.
Alexander Boan Bryan Courtney Drummond Elliott Fair Ford Giese Glover Holland Jackson Land Lander Leatherman Martin Matthews McConnell Mescher O'Dell Passailaigue Patterson Rankin Reese Rose Short Smith, J.V. Washington
Courson Gregory Hayes Moore Peeler Richter Russell Ryberg Setzler Smith, G. Thomas Waldrep Wilson
The motion to reconsider was adopted.
Senator McCONNELL moved to lay Amendment No. 41 on the table.
The amendment was laid on the table.
Amendment Nos. 40 and 41 are good amendments. However, they are controversial and are being used to generate opposition to our efforts to limit any new local taxes and to empower the people to make decisions on super majority votes in the counties and municipalities of South Carolina. If we allow these amendments to stay on, these will kill all our efforts and insure there will be no bill. Those who want no bill want us to keep these amendments in. Reluctantly, we must reconsider and table Amendment Nos. 40 and 41.
At 3:27 P.M., Senator MARTIN assumed the Chair.
Senator RYBERG proposed the following Amendment No. 43 (3901R031.WGR), which was withdrawn:
Amend the bill, as and if amended, by adding at the end an appropriately numbered new PART to read:
/
SECTION . Section 5-31-610 of the 1976 Code is amended to read:
"Section 5-31-610. Any city or town may:
(1) Construct construct, purchase, operate, and maintain waterworks and electric light works within or without, partially within and partially without, their corporate limits for the use and benefit of such city or town and the inhabitants thereof;
(2) Purchase purchase, own, operate, and maintain machinery, equipment, and apparatus for generating either electricity or gas for the use and benefit of such city or town and the inhabitants thereof;
(3) Acquire acquire existing waterworks by condemnation;
(4) Contract contract for the erection of plants for waterworks, sewerage, or lighting purposes, one or all, for the use of such cities and towns, and the inhabitants thereof; and
(5) Sell sell, convey, and dispose of any and all such properties, any such sale, conveyance, or disposal of an electric light plant or water system, however, to be made under the provisions of Article 13 of this chapter and not under the succeeding provisions of this article; and
(6) notwithstanding any other provision of law, when a city or town acquires an existing waterworks or sewer facility, the city or town may not require an existing customer of such facility or a potential customer in the service area intended to be served by the facility to execute a contract which prohibits opposition to annexation of the customer's property as a condition of continued receipt of water or sewer services."
SECTION . Section 6-21-50 of the 1976 Code is amended to read:
"Section 6-21-50. Any municipality of this State may purchase or construct a waterworks system, water supply system, sewer system, sanitary disposal equipment and appliances, garbage and trash disposal systems including plants for solid waste transfer, reduction and recyclement, light plant or system, natural gas system, ice plants, power plants and distribution systems, gas plants, incinerator plants, hospitals, nursing home and care facilities, piers, docks, terminals, airports, toll bridges, ferries, drainage systems, city halls, courthouses, armories, fire
Notwithstanding any other provision of law, when a city or town acquires an existing waterworks or sewer facility, the city or town may not require an existing customer of such facility or a potential customer in the service area intended to be served by the facility to execute a contract which prohibits opposition to annexation of the customer's property as a condition of continued receipt of water or sewer services.
Provided, however, that notwithstanding any other provision of law, any bonds issued for financing a fire fighting vehicle pursuant to the provisions of this chapter shall be subject to a maximum maturity of not more than twenty-five years."
SECTION . This part takes effect upon approval by the Governor./
Renumber parts to conform.
Amend title to conform.
Senator McCONNELL raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senators McCONNELL and RYBERG spoke on the Point of Order.
On motion of Senator RYBERG, with unanimous consent, Amendment No. 43 was withdrawn from consideration.
Senator McCONNELL withdrew the Point of Order.
Senator CORK proposed the following Amendment No. 50 (3901R118.HAC):
/`Shall the real estate transfer fee continue to be imposed in name of county ?
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'.'
The electors of a municipality may vote in both the county and the municipal referendum. The state election laws apply to this referendum, mutatis mutandis. The entity authorized to hold elections shall publish the results of the referendum and certify them to the county."/
Amend the bill, as and if amended, page 13, line 39, by deleting the word / July / and inserting the following:
/ January /.
Amend the bill further, as and if amended, page 14, by striking lines 6 through 16 and inserting in lieu thereof the following:
/`Shall the real estate transfer fee continue to be imposed in name of municipality ?
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'.'
Only the electors of a municipality may vote in the municipal referendum. The state election laws apply to this referendum, mutatis mutandis. The entity authorized to hold elections shall publish the results of the referendum and certify them to the municipality."
Amend the bill, as and if amended, page 14, Part II, by striking SECTION 5 and inserting in lieu thereof the following:
/SECTION 5. Section 132, Part II of Act 497 of 1994 is amended by adding:
"C. Effective January 1, 1997, the provisions of Section 6-1-70 of the 1976 Code do not apply in the case of any county or municipal real estate transfer tax or fee imposed on or before August 1, 1993 if a majority of voters voting in a referendum, to be held pursuant to Section 4-9-142(F) or 5-21-70(F) in each county or municipality which imposed the fee on or
Amend the bill further, as and if amended, page 15, SECTION 7, by deleting the second sentence beginning on line 21 beginning with the word / However, / and ending with the word / fee. /.
Amend the bill, as and if amended, page 16, Part III, SECTION 1, by striking lines 39 through 41 and inserting in lieu thereof the following:
/(C) Effective January 1, 1997, the governing body of each county or municipality is prohibited from charging any fee or tax on the transfer of real property. However, a real estate transfer fee imposed in a county or municipality on or before August 1, 1993, may continue to be imposed and Section 6-1-70 does not apply if a majority of voters in a county or municipality which imposed a real estate transfer fee on or before August 1, 1993, voting in the referendum provided in Sections 4-9-142(F) and 5-21-70(F), vote in favor of the continued imposition of the tax."/
Amend the bill further, as and if amended, page 17, Part III, by striking SECTION 2 (lines 1-4) in its entirety and inserting in lieu thereof the following:
/SECTION 2. Section 1 of Part III takes effect upon approval by the Governor, except as provided in Section 6-1-82(C), and is effective in each county and municipality until and unless the certification required by Section 1 of a majority "yes" vote in the referendum provided by Section 1 of Part II occurs./
Renumber sections to conform.
Amend title to conform.
Senator RANKIN asked unanimous consent to make a motion to perfect Amendment No. 50 as follows:
Senators CORK and RANKIN proposed the following Amendment No. 50A (3901R121.LAR), which was adopted:
Amend the bill further, as and if amended, page 11, by striking lines 7 through 27 and inserting in lieu thereof the following:
/(F)(1) Effective January 1, 1997 the governing body of each county is prohibited from charging any fee or tax on the transfer of real property.
(2) The provisions of item (1) of this subsection do not apply in the case of any county real estate transfer tax or fee imposed on or before August 1, 1993 if a majority of voters voting in a referendum, to be held on the question contained herein on November 5, 1996 in each county
`Shall the real estate transfer (fee or tax) continue to be imposed in (name of county)?
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'.'
The electors of a municipality may vote in both the county and the municipal referendum. The state election laws apply to this referendum, mutatis mutandis. The entity authorized to hold elections shall publish the results of the referendum and certify them to the county.
(3) The provisions of item (2) of this subsection do not apply and no referendum shall be held in a county which imposed a fee or tax on the transfer of real property effective beginning July 1, 1993."/
Amend the bill further, as and if amended, page 13, by striking lines 39 through 43 and continuing on to page 14, by striking lines 1 through 16, and inserting in lieu thereof the following:
/(F)(1) Effective January 1, 1997, the governing body of each municipality is prohibited from charging any fee or tax on the transfer of real property.
(2) The provisions of item (1) of this subsection do not apply in the case of any municipal real estate transfer tax or fee imposed on or before August 1, 1993 if a majority of voters voting in a referendum, to be held on the question contained herein on November 5, 1996 in each municipality which imposed the fee or tax on or before August 1, 1993, vote in favor of the continued imposition of the fee or tax. The question on the ballot shall read substantially as follows:
`Shall the real estate transfer (fee or tax) continue to be imposed in (name of municipality)?
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'.'
Only the electors of a municipality may vote in the municipal referendum. The state election laws apply to this referendum, mutatis
Amend the bill, as and if amended, page 14, Part II, by striking SECTION 5 and inserting in lieu thereof the following:
/SECTION 5. Section 132, Part II of Act 497 of 1994 is amended by adding:
"C. Effective January 1, 1997, the provisions of Section 6-1-70 of the 1976 Code do not apply in the case of any county or municipal real estate transfer tax or fee imposed on or before August 1, 1993 if a majority of voters voting in a referendum, to be held pursuant to Section 4-9-142(F) or 5-21-70(F) in each county or municipality which imposed the fee or tax on or before August 1, 1993, vote in favor of the continued imposition of the fee or tax. The provisions of Section 6-1-70 shall apply in a county that was not authorized to hold a referendum pursuant to Section 4-9-142(F) effective January 1, 1997."/
Amend the bill further, as and if amended, page 15, SECTION 7, by striking lines 21 through 26, and inserting the following:
/provided by Section 1 of Part II./
Amend the bill, as and if amended, page 16, Part III, SECTION 1, by striking lines 39 through 41 and inserting in lieu thereof the following:
/(C) Effective January 1, 1997, the governing body of each county or municipality is prohibited from charging any fee or tax on the transfer of real property. However, a real estate transfer fee or tax imposed in a county or municipality on or before August 1, 1993, may continue to be imposed and the provisions of Section 6-1-70 do not apply to such fee or tax if a majority of voters in a county or municipality which imposed a real estate transfer fee or tax on or before August 1, 1993, voting in the referendum provided in Sections 4-9-142(F) and 5-21-70(F), vote in favor of the continued imposition of the tax. No fee or tax may be imposed by the governing body of a county on the transfer of real property in a county that was not authorized to hold a referendum pursuant to Section 4-9-142(F) and the provisions of Section 6-1-70 shall apply in the county effective January 1, 1997."/
Amend the bill further, as and if amended, page 17, Part III, by striking SECTION 2 (lines 1-4) in its entirety and inserting in lieu thereof the following:
/SECTION 2. Section 1 of Part III takes effect upon approval by the Governor, except as provided in Section 6-1-82(C), and is effective in each county and municipality until and unless the certification required by Section 1 of a majority "yes" vote in the referendum provided by Section 1 of Part II occurs./
Amend title to conform.
Senator CORK explained the amendment.
Senator CORK moved that the amendment be adopted.
Senator WILSON argued contra to the adoption of the amendment.
Amendment No. 50A was adopted.
Senator WILSON desired to be recorded as voting against the adoption of the amendment.
Senators WILSON, THOMAS, RUSSELL and RYBERG proposed the following Amendment No. 26A (3901R071.AGW), which was printed in the Journal of March 7, 1996, and previously carried over.
Senator WILSON was recognized.
Senator WILSON asked unanimous consent to make a motion to substitute Amendment No. 26B for Amendment No. 26A.
There was no objection.
Senator WILSON proposed the following Amendment No. 26B (JIC\5690HTC.96), which was tabled:
Amend the bill, as and if amended, by striking PARTS II and III in their entirety 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 increase the millage rate and fee rates imposed for any purpose, excluding fee rates charged by utilities, and except as provided in this section and Section 6-1-85, above the rates imposed for such purposes for the prior tax year. However, the millage rate and fee rates may be increased by the percentage increase in the consumer price index based upon the southeastern average. Notwithstanding the limitation upon millage rate and fee rate increases contained in this subsection, the millage rate and fee rates may be increased for the following purposes:
Printed Page 1090, Mar. 13
| Printed Page 1110, Mar. 13
| This web page was last updated on Monday, June 29, 2009 at 1:56 P.M.