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 PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, St. Matthew records the words in Chapter 4 (v. 24) of his Gospel (NRSV):
"So his fame spread throughout all Syria,
and they brought to him all the sick, those
who were afflicted with various diseases
and pains, demoniacs, epileptics, and para-
lytics, and he cured them."
Let us pray.
Our Father God, we thank You for the memory of Jesus as He went about Galilee, Samaria, and Judea, preaching the Gospel and healing diseases.
We thank You for the faithful volunteers who each year give of their time, their talents, and their money that healing and strength may come to the bodies of crippled children and adults.
Raise up many friends, dear Lord, that the hands of the therapists and technicians may be supported by our dollars and our prayers so that the crippled may walk.
To the God that dwells within us, we give all glory for the healing.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
At 11:00 A.M., the leave of absence granted to Senator HOLLAND for today was rescinded.
Senator LANDER rose to a Point of Personal Interest.
Columbia, S.C., March 12, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has reconsidered the vote whereby the House concurred in the Senate amendments on:
H. 4625 -- Reps. Phillips and McCraw: A BILL TO AMEND ACT 587 OF 1992, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1, SO AS TO REVISE THE DATES OF THE FILING PERIOD WHEN CANDIDATES MAY FILE WRITTEN DECLARATIONS OF CANDIDACY.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., March 13, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4625 -- Reps. Phillips and McCraw: A BILL TO AMEND ACT 587 OF 1992, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1, SO AS TO REVISE THE DATES OF THE FILING PERIOD WHEN CANDIDATES MAY FILE WRITTEN DECLARATIONS OF CANDIDACY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
The following were introduced:
S. 1245 -- Senators Drummond, Leventis, Peeler, Patterson and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-425 SO AS TO REQUIRE APPROVAL BY THE STATE BUDGET AND CONTROL BOARD FOR REQUESTS FOR INFORMATION TECHNOLOGY EQUIPMENT AND SERVICES, TO PROVIDE CRITERIA FOR APPROVAL, AND TO ESTABLISH THE INFORMATION TECHNOLOGY ADVISORY COUNCIL TO ASSIST THE BOARD; TO ADD SECTION 59-7-70 SO AS TO REQUIRE THE TRANSFER OF TRANSMISSION AND RECEPTION EQUIPMENT PURCHASED BY SOUTH CAROLINA EDUCATIONAL TELEVISION FOR SCHOOLS TO THE SCHOOL DISTRICTS; TO ADD SECTION 59-7-80 SO AS TO PROVIDE REQUIREMENTS THAT THE SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION MUST SATISFY TO COMPLY WITH SUNSET REVIEW RECOMMENDATIONS; TO AMEND SECTION 59-7-10, AS AMENDED, RELATING TO THE SCETV COMMISSION, SO AS TO FURTHER DELINEATE CRITERIA FOR MEMBERS; AND TO AMEND SECTION 59-7-20, RELATING TO ADVISORY COMMITTEES OF THE SCETV COMMISSION, SO AS TO REVISE THE ADVISORY COMMITTEE STRUCTURE, TO DIRECT THE SCETV COMMISSION, WITH THE STATE DEPARTMENT OF EDUCATION, TO CONDUCT A STUDY TO EVALUATE THE EFFECTIVENESS OF INSTRUCTIONAL TELEVISION, AND TO PROVIDE THAT THE SCETV COMMISSION IS REAUTHORIZED UNDER SECTION 1-20-60.
Read the first time and referred to the Committee on Finance.
S. 1246 -- Senator Martin: A BILL TO AMEND SECTION 37-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE PRIZES AND GIFTS ACT, SO AS TO DEFINE "SPONSOR" AS A CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY, SOLE PROPRIETORSHIP, OR NATURAL PERSON THAT OFFERS A PRIZE TO A PERSON IN SOUTH CAROLINA IN CONJUNCTION WITH THE SALE OR LEASE OF ANY PRODUCT OR SERVICE, OR IN CONJUNCTION WITH ANY REAL OR PURPORTED CONTEST, COMPETITION, SWEEPSTAKES, PUZZLE, DRAWING, SCHEME, PLAN, OR OTHER SELECTION PROCESS THAT REQUIRES, OR CREATES THE REASONABLE IMPRESSION OF REQUIRING, OR ALLOWS THE PERSON TO PAY ANY MONEY AS A CONDITION OF RECEIVING, OR IN CONJUNCTION WITH ALLOWING THE PERSON TO RECEIVE, USE, COMPETE FOR, OR OBTAIN A PRIZE, OR INFORMATION ABOUT A PRIZE; TO AMEND SECTION 37-15-30 OF THE 1976 CODE, RELATING TO RESTRICTIONS ON REPRESENTATIONS THAT A PERSON HAS WON A PRIZE OR CONTEST, SO AS TO MAKE THIS SECTION APPLICABLE TO A SPONSOR RATHER THAN TO ANY PERSON IN CONNECTION WITH THE SALE, LEASE, OR SOLICITATION FOR THE SALE OR LEASE OF GOODS, PROPERTY, OR SERVICE; TO AMEND SECTION 37-15-40, RELATING TO THE FORM AND CONTENT OF DISCLOSURES REQUIRED AS PREREQUISITES TO REPRESENTATION THAT PERSON HAS CHANCE TO WIN SOMETHING, SO AS TO REVISE THE DISCLOSURES WHICH MUST BE MADE AND TO PROVIDE AN EXEMPTION FOR SPONSORS OF PRIZE PROMOTIONS THAT AWARD ALL PRIZES ABSOLUTELY FOR FREE AND IN WHICH THERE IS NO OPPORTUNITY FOR THE PAYMENT OF MONEY FROM THE PERSON TO THE SPONSOR, OR ANY AGENT OF THE SPONSOR; TO AMEND CHAPTER 15, TITLE 37 OF THE 1976 CODE, BY ADDING SECTION 37-15-45 SO AS TO PROVIDE THAT A SPONSOR WHO REPRESENTS TO A PERSON THAT THE PERSON HAS BEEN AWARDED A PRIZE SHALL, NOT LATER THAN THIRTY DAYS AFTER MAKING A REPRESENTATION, PROVIDE THE PERSON WITH THE PRIZE, OR WITH A VOUCHER, CERTIFICATE, OR OTHER DOCUMENT GIVING THE PERSON THE UNCONDITIONAL RIGHT TO RECEIVE THE PRIZE, OR SHALL PROVIDE THE PERSON WITH OTHER CONSIDERATION; TO AMEND CHAPTER 15, TITLE 37 OF THE 1976 CODE, BY ADDING SECTION 37-15-55 SO AS TO PROHIBIT CERTAIN ACTS; TO AMEND SECTION 37-15-80, RELATING TO CIVIL ACTIONS TO ENFORCE THE PRIZES AND GIFTS ACT, SO AS TO PROVIDE THAT ANY PERSON SUFFERING A PECUNIARY LOSS BECAUSE OF AN INTENTIONAL VIOLATION OF THIS ACT MAY RECOVER THE GREATER OF FIVE HUNDRED DOLLARS OR TWICE THE AMOUNT OF THE PECUNIARY LOSS; TO AMEND SECTION 37-15-100 OF THE CODE, RELATING TO EXEMPTIONS FROM CERTAIN PROVISIONS OF THIS ACT, SO AS TO PROVIDE THAT ANY WILLFUL FAILURE OF A SELLER CLAIMING EXEMPTION UNDER THIS ACT TO COMPLY WITH ALL OF THE TERMS OF THE EXEMPTION SHALL RENDER A CLAIM OF EXEMPTION VOID; AND TO AMEND SECTION 37-1-203 OF THE 1976 CODE, RELATING TO JURISDICTION OVER CREDITORS, SO AS TO ALSO MAKE THIS SECTION APPLICABLE TO PERSONS OTHER THAN CREDITORS WHOSE CONDUCT IS GOVERNED BY THE PROVISIONS OF TITLE 37.
Read the first time and referred to the Committee on Judiciary.
S. 1247 -- Senators Jackson and Ryberg: A BILL TO AMEND SECTIONS 23-6-100 AND 23-6-110 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR DISTINCTIVE UNIFORMS AND VEHICLES FOR THE HIGHWAY PATROL AND THE STATE POLICE, SO AS TO PROVIDE THAT ALL MOTOR VEHICLES OF THE HIGHWAY PATROL USED FOR THE PATROL OF THE HIGHWAYS OF THE STATE AND THE ENFORCEMENT OF THE LAWS OF THE STATE RELATIVE TO HIGHWAY TRAFFIC, TRAFFIC SAFETY, AND MOTOR VEHICLES, AND ALL MOTOR VEHICLES OF THE STATE POLICE USED FOR THE ENFORCEMENT OF LAWS RELATING TO COMMERCIAL MOTOR CARRIERS RELATING TO SIZE, WEIGHT, PERMITS, LICENSING, AND INSPECTIONS FOR SIZE AND WEIGHT TOLERANCE AND SAFETY, SHALL BE CONSPICUOUSLY MARKED AS VEHICLES OF THE HIGHWAY PATROL OR THE STATE POLICE BY THE PLACEMENT OF BLUE OR OTHER APPROPRIATELY COLORED LIGHTS ATOP THE VEHICLE AND SUCH OTHER MARKINGS AS DEEMED APPROPRIATE BY THE PATROL TO CLEARLY IDENTIFY THE VEHICLE AS A VEHICLE OF THE HIGHWAY PATROL OR THE STATE POLICE.
Read the first time and referred to the Committee on Judiciary.
S. 1248 -- Senator Bryan: A BILL TO AMEND SECTION 40-7-190 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF BARBER EXAMINERS, SO AS TO AUTHORIZE THE BOARD TO GRANT VARIANCES FROM A REGULATION PROMULGATED UNDER THIS CHAPTER UNDER CERTAIN CIRCUMSTANCES.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1249 -- Senator Giese: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 77 SO AS TO PROVIDE FOR THE ISSUANCE OF COASTAL IMPROVEMENT FUND LICENSE PLATES AND TO PROVIDE PENALTIES FOR PERSONS WHO VIOLATE THIS ARTICLE.
Read the first time and referred to the Committee on Transportation.
H. 4744 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF REECE YON OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4745 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF MR. WILLIAM MARTIN CHAPMAN, JR., OF ANDERSON AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3230 -- Rep. Kirsh: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1317 SO AS TO PROHIBIT AN ELECTION OFFICIAL FROM INVOLVEMENT OF ANY KIND IN THE CAMPAIGN OF ANY CANDIDATE FOR OFFICE, PROHIBIT FINANCIAL CONTRIBUTIONS TO A CANDIDATE, PROHIBIT THE PUBLIC ENDORSEMENT OF A CANDIDATE, AND PROHIBIT THE OFFICIAL FROM SERVING AS A POLL WATCHER OR POLL MANAGER IN AN ELECTION; AND TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL".
Read the first time and referred to the Committee on Judiciary.
H. 3326 -- Reps. Richardson, Baxley, Beatty, Stoddard, L. Whipper, Fair and Herdklotz: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 117 SO AS TO CREATE THE INDIVIDUAL MEDICAL ACCOUNT ACT ALLOWING A PERSON TO DEPOSIT FUNDS IN AN ACCOUNT ESTABLISHED AS A TRUST FOR THE PURPOSE OF PAYING THE MEDICAL, DENTAL, AND LONG-TERM CARE EXPENSES OF THE ACCOUNT HOLDER AND TO PROVIDE FOR THE DUTIES OF THE TRUSTEE, TO PROVIDE A TAX EXEMPTION ON INTEREST EARNED, AND TO PROVIDE FOR THE WITHDRAWAL OF FUNDS.
Read the first time and referred to the Committee on Medical Affairs.
H. 4703 -- Rep. Harvin: A BILL TO AMEND SECTION 7-7-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO DESIGNATE A MAP DOCUMENT NUMBER ON THE MAP DOCUMENT ON WHICH THE LINES OF THE PRECINCTS ARE DELINEATED.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator LAND, with unanimous consent, H. 4703 was ordered to receive a second and third reading on the next two consecutive legislative days.
Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:
H. 3320 -- Reps. Cooper, Witherspoon, Meacham, Chamblee, Tripp, P. Harris, Cato, Trotter, Thomas, Townsend and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870 SO AS TO RESTRICT THE USE OF PERSONAL WATERCRAFT INCLUDING JET SKIS AND PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Columbia, S.C., March 12, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the following:
Reappointment, Kershaw County Master-in-Equity, with term to commence July 1, 1995, and to expire July 1, 2001:
Honorable Rolly W. Jacobs, Post Office Box 664, Camden, S.C. 29020
Very respectfully,
Speaker of the House
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:
S. 1239 -- Senators Thomas, J. Verne Smith, Bryan, Fair and Boan: A BILL TO AMEND SECTION 55-11-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF AN AIRPORT ENVIRONS AREA AND SUB-AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT, SO AS TO REDUCE THE AREA TO ONLY INCLUDE SPARTANBURG COUNTY WITHIN THE ENVIRONS AREA, TO CHANGE THE NAME OF THE ENVIRONS PLANNING COMMISSION, AND DELETE FROM THE MEMBERSHIP OF THE COMMISSION MEMBERS REPRESENTING GREENVILLE COUNTY AND THE CITY OF MAULDIN.
H. 3271 -- Reps. Richardson, Vaughn, McKay, Harvin, Limbaugh, Lloyd, Bailey, Cain, Sandifer, Walker, Baxley, Chamblee, Wofford, A. Young, Shissias, Stuart, Dantzler, Thomas, Keyserling, Jennings, Wells, Tucker, Harrison and Spearman: A BILL TO AMEND SECTION 16-9-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF INTIMIDATING COURT OFFICIALS, JURORS, OR WITNESSES, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator MATTHEWS proposed the following amendment (JUD3271.001):
Amend the bill, as and if amended, page 1, line 24, in Section 16-9-340(B), as contained in SECTION 1, by striking line 24 in its entirety and inserting therein the following:
/two ten thousand dollars or imprisoned not more than five ten years, or/
Amend title to conform.
On motion of Senator BRYAN, the Bill was carried over.
H. 3897 -- Rep. Sharpe: A BILL TO REPEAL SECTIONS 50-17-230 AND 50-17-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONRESIDENT AND RESIDENT GIGGING LICENSES IN GAME ZONE 11.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator GREG SMITH proposed the following amendment (3897R002.GS):
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION ___. Section 50-21-860 of the 1976 Code is amended to read:
"Section 50-21-860. As used in this section, 'airboat' means a watercraft propelled by air pressure caused by a motor mounted on the watercraft aboveboard.
(A) It is unlawful for a person to operate an airboat on the public waters of this State from the freshwater-saltwater dividing line, established by Section 50-17-35 50-17-30, seaward.
(B) It is unlawful to operate an airboat on the waters of the Waccamaw, the Great Pee Dee, the Little Pee Dee, the Black, and the Sampit Rivers in Georgetown County.
(B) (C) It is unlawful to operate an airboat on the waters on of that portion of Lake Marion and Santee Swamp west of the I-95 bridge upstream to the confluence of the Congaree and Wateree rivers during the season for hunting waterfowl.
Any A person violating the provisions of this section, upon conviction, must be punished as provided by Section 50-1-130.
The provisions of this section do not apply to the operation of airboats by law enforcement, emergency medical, civil defense, noxious weed control, military personnel, state and federally approved wildlife banding, surveying, biological research programs, and private waters."/
Amend title to conform.
On motion of Senator PEELER, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
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 proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator RYBERG proposed the following Amendment No. 40 (3901R086.WGR), which was adopted:
Amend the bill, as and if amended, by adding at the end an appropriately numbered new PART to read:
/ PART
SECTION ___. Article 19, Chapter 31, Title 5 of the 1976 Code is amended by adding:
"Section 5-31-1940. Notwithstanding any other provision of law and applicable retroactively beginning on July 1, 1995, a municipality may not, by ordinance or otherwise, impose upon a customer receiving water or sewer services from the municipality whose property is without the corporate limits of the municipality, or upon a subsequent purchaser, assignee, transferee or other successor in interest to the property served, a requirement that the customer refrain from opposing annexation as a condition of continued receipt of water or sewer services, if the municipality has:
(1) prior to July 1, 1995, extended water or sewer services to the customer, pursuant to a contractual agreement which did not contain, prior to July 1, 1995, a clause or provision prohibiting the customer from opposing annexation if such property becomes contiguous to the municipality; or
(2) prior to July 1, 1995 extended such services to the customer under any circumstances without, prior to July 1, 1995, any specific agreement with respect to annexation."
SECTION ___. This part takes effect upon approval by the Governor./
Renumber parts to conform.
Amend title to conform.
Senator RYBERG argued in favor of the adoption of the amendment.
Senator BRYAN raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senators WILSON, BRYAN and RYBERG spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator RYBERG argued in favor of the adoption of the amendment and Senator BRYAN argued contra.
Senator RYBERG moved that the amendment be adopted.
A roll call vote was ordered.
Senator BRYAN moved to lay the amendment on the table.
Senator WILSON raised a Point of Order that the motion was out of order inasmuch as a roll call vote had been ordered.
The PRESIDENT sustained the Point of Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Boan Courson Drummond Giese Gregory McConnell McGill Mescher Moore O'Dell Peeler Rose Russell Ryberg Setzler Thomas Waldrep Wilson
Alexander Bryan Glover Land Lander Martin Matthews Passailaigue Patterson Rankin Short Smith, G. Smith, J.V.
The amendment was adopted.
Senator RYBERG proposed the following Amendment No. 41 (3901R089.WGR), which was adopted:
Amend the bill, as and if amended, by adding at the end an appropriately numbered new PART to read:
/ PART
SECTION ___. Chapter 7, Title 5 of the 1976 Code is amended by adding:
"Section 5-7-65. Notwithstanding any other provision of law and applicable retroactively beginning on July 1, 1995, a municipality may not, by ordinance or otherwise, impose upon a customer receiving fire protection services from the municipality whose property is without the corporate limits of the municipality, or upon a subsequent purchaser, assignee, transferee or other successor in interest to the property served, a requirement that the customer refrain from opposing annexation as a condition of continued receipt of fire protection services, if the municipality has:
(1) prior to July 1, 1995, extended fire protection services to the customer, pursuant to a contractual agreement which did not contain, prior to July 1, 1995, a clause or provision prohibiting the customer from opposing annexation if such property becomes contiguous to the municipality; or
(2) prior to July 1, 1995 extended such services to the customer under any circumstances without, prior to July 1, 1995, any specific agreement with respect to annexation."
SECTION ___. This part takes effect upon approval by the Governor./
Renumber parts to conform.
Amend title to conform.
Senator RYBERG argued in favor of the adoption of the amendment.
Senator BRYAN raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator RYBERG spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator RYBERG moved that the amendment be adopted.
The amendment was adopted.
At 11:55 A.M., Senator COURSON requested a leave of absence until 4:00 P.M.
Senator MOORE moved that upon the conclusion of the Joint Assembly the Senate stand in recess until 2:30 P.M.
The motion was adopted.
On motion of Senator MOORE, debate was interrupted by recess.
At 11:57 A.M., the Senate receded from business to attend the Joint Assembly, and upon the conclusion thereof, the Senate would stand in recess to reconvene at 2:30 P.M.
At Twelve O'clock Noon, the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:
S. 1024 -- Senators Lander and Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 13, 1996, AS "DISABILITIES DAY", TO ENDORSE THE "B.A.C. - COFFEE DAY FOR PEOPLE WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 13, 1996, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
The State Easter Seal Representatives, their parents, and members of their party were escorted to the rostrum.
The PRESIDENT then recognized Representative Walker, Vice Chairman of the Joint Committee for the Disabled, who, in turn introduced Senator LANDER, Chairman of the Committee.
Senator LANDER also recognized Mrs. Mary Wood Beasley, State Campaign Chairperson; Mrs. Lynn B. Bagnal, State Easter Seal Chairwoman; Mr. Joe Wilder, former Representative and member of the Easter Seal Board; Mr. Joseph D. Jones, President and Chief Executive Officer of Easter Seals; W.C. Bain, State President; Major Larry Mixon, S.C. Law Enforcement Officers Assoc., Mr. John L. Caudle, II, Executive Director of the S.C. Law Enforcement Officers' Assoc.; the law enforcement personnel, and Mr. Thomas L. Sponseller, Executive Director; and Robert Williams, State President of the South Carolina Restaurant Association who have worked so hard to make the Buck-A-Cup Campaign such a success.
Senator LANDER introduced the following members who, in turn, introduced the State Easter Seal Representatives and guests:
Senator THOMAS and Rep. Wilkins introduced Bradley O'Dell of Greenville County;
Senator DRUMMOND and Rep. Klauber introduced Quincy Allen Wells, son of Martha Wells of Greenwood County;
Rep. Townsend and Senator O'DELL introduced Amanda Fields, daughter of Charles and Sherry Fields of Anderson County;
Senator GREG SMITH and Rep. Thomas introduced Charlene Hughes, daughter of Bobby and Bonnie Hughes of Georgetown County;
Rep. Davenport and Senator REESE introduced Keven Seay, son of Vickie Seay of Spartanburg County;
Senator SETZLER and Rep. Knotts introduced Kenny Hardee, son of Dina Hardee of West Columbia and Kenny Hardee, Sr., of Lexington; and
Senator LANDER introduced Amber Michelle Quarles, daughter of Laurey and Darrin Kirby of Florence County, who was unable to attend the proceedings.
Senator RICHTER and Rep. H. Brown introduced Mr. Graham Jones of Charleston County.
Senator GIESE and Rep. Shissias introduced Mr. Nicholas Stanton, son of Mr. James Stanton of Richland County.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate receded until 2:30 P.M.
The Senate reassembled at 2:30 P.M. and was called to order by the PRESIDENT.
Senator MARTIN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator McCONNELL moved that a call of the Senate be made. The following Senators answered the call:
Alexander Boan Bryan Cork Courtney Elliott Fair Ford Giese Glover Gregory Hayes Holland Jackson Land Lander Leatherman Martin Matthews McConnell Mescher Moore Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Ryberg Setzler Short Smith, G. Smith, J.V. Thomas Waldrep Washington Wilson
A quorum being present, the Senate resumed.
Senators DRUMMOND and O'DELL recorded their presence subsequent to the Call of the Senate.
H. 3326 -- Reps. Richardson, Baxley, Beatty, Stoddard, L. Whipper, Fair and Herdklotz: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 117 SO AS TO CREATE THE INDIVIDUAL MEDICAL ACCOUNT ACT ALLOWING A PERSON TO DEPOSIT FUNDS IN AN ACCOUNT ESTABLISHED AS A TRUST FOR THE PURPOSE OF PAYING THE MEDICAL, DENTAL, AND LONG-TERM CARE EXPENSES OF THE ACCOUNT HOLDER AND TO PROVIDE FOR THE DUTIES OF THE TRUSTEE, TO PROVIDE A TAX EXEMPTION ON INTEREST EARNED, AND TO PROVIDE FOR THE WITHDRAWAL OF FUNDS.
Senator LEATHERMAN asked unanimous consent to make a motion to recall the Bill from the Committee on Medical Affairs.
There was no objection.
On motion of Senator LEATHERMAN, with unanimous consent, the Bill was referred to the Committee on Finance.
H. 4500 -- Reps. Cave and Rhoad: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF OCTOBER 13, 1995, MISSED BY STUDENTS OF BARNWELL SCHOOL DISTRICT 19 IN BARNWELL COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO A FATAL SHOOTING INCIDENT IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Senator MATTHEWS asked unanimous consent to make a motion to recall the Resolution from the Committee on Education.
There was no objection.
The Senate proceeded to a consideration of the Resolution. The question being the second reading of the Resolution.
The Resolution was read the second time and ordered placed on the third reading Calendar.
On motion of Senator MATTHEWS, H. 4500 was ordered to receive a third reading on Thursday, March 14, 1996.
H. 4647 -- Reps. Vaughn, Rice, Easterday, Littlejohn, Allison, Anderson, Herdklotz, Loftis, Haskins, Cato, McMahand, Wilkins, Tripp, Wells, Jaskwhich and Lanford: A BILL TO AMEND SECTION 55-11-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF AN AIRPORT ENVIRONS AREA AND SUB-AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT, SO AS TO FURTHER PROVIDE FOR THE ENVIRONS AREA, AND DELAY THE DATE FOR COMPLETION OF THE TASKS REQUIRED BY THE AIRPORT ENVIRONS PLANNING COMMISSION.
Senator RUSSELL asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
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.
The "ayes" and "nays" were demanded and taken, resulting as follows:
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.
The "ayes" and "nays" were demanded and taken, resulting as follows:
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:
/ PART
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 stations and fire fighting vehicles, auditoriums, hotels, municipal buildings, theatres, community auditoriums and hotels, city halls and hotels, public markets, public recreation parks, swimming pools, golf courses, stadiums, school auditoriums, gymnasiums or teacherages, cemeteries, parking buildings, parking lots, curb markets or other public buildings or structures and in furtherance thereof may purchase or construct any necessary part of any such system, either within or without the limits of such county or the corporate limits of such city or incorporated town. A county may under this chapter develop a courthouse and office building combined or a courthouse and jail combined. Curb markets may be purchased or constructed alone or as a single system together with parking lots for vehicles or together with buildings for storage or for rental either as space or as stores or offices, or together with both such parking lots and buildings.
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):
Amend the bill further, as and if amended, page 11, by striking lines 17 through 27 and inserting in lieu thereof the following:
/'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 before August 1, 1993, vote in favor of the continued imposition of the fee."/
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 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 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 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 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./
Renumber sections to conform.
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:
(1) in response to a natural or environmental emergency as declared by the Governor. However, upon revocation of the declared emergency or as soon as conditions or operations change to the extent the emergency no longer exists, millage rate and fee rates must return to the rates immediately preceding the emergency;
(2) to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution, or to offset a deficit in providing a service or function which is funded through the imposition of fees by increasing such fees in an amount necessary to cover that deficit;
(3) to raise the revenue necessary to comply with judicial mandates requiring the use of county funds, personnel, facilities, or equipment;
(4) to site, establish, or operate a regional facility, which consists of two or more counties, under the provisions of Chapter 96 of Title 44; or
(5) to site, establish, or operate a local regional correctional facility, under the provisions of Chapter 3 of Title 24.
(B) Notwithstanding any other provision of law, the millage rate and fee rates also may be increased upon a two-thirds vote of the governing body. Any new sources of revenues for any purposes must be approved by a two-thirds vote of the governing body of the county. However, if the governing body has fewer than six members, a three-fifths vote is required.
(C) The restrictions contained in this section do not affect millage which is levied to pay bonded indebtedness or payments for real property purchased using a lease-purchase agreement or used to maintain a reserve account. Nothing in this section prohibits the use of energy-saving performance contracts as provided in Section 48-52-670.
(D) For the property tax year of implementation of the values resulting from a countywide reassessment and equalization program, the millage rate must not exceed the rollback millage, as defined in subsection (E), except that the rollback millage may be increased by the percentage increase in the consumer price index, based on the southeastern average, for the year immediately preceding the year of reassessment values implementation. The millage rate and fee rates may be further increased for the property tax year of implementation of reassessed values upon a two-thirds vote of the governing body. However, if the governing body has fewer than six members, a three-fifths vote is required.
(E) The rollback millage rate is computed by dividing the current year's property tax revenues by the budget year property tax assessment base.
(F) Contracts entered into under Chapter 12 of Title 4 are not subject to the provisions of this section."
SECTION 2. Article 1, Chapter 21, Title 5 of the 1976 Code is amended by adding:
"Section 5-21-70. (A) The governing body of a municipality 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 imposed 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:
(1) in response to a natural or environmental emergency as declared by the Governor. However, upon revocation of the declared emergency or as soon as conditions or operations change to the extent the emergency no longer exists, millage rate and fee rates must return to the rates immediately preceding the emergency;
(2) to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution, or to offset a deficit in providing a service or function which is funded through the imposition of fees by increasing such fees in an amount necessary to cover that deficit;
(3) to raise the revenue necessary to comply with judicial mandates requiring the use of municipal funds, personnel, facilities, or equipment;
(4) to site, establish, or operate a regional facility, which consists of two or more counties, under the provisions of Chapter 96 of Title 44; or
(5) to site, establish, or operate a local regional correctional facility, under the provisions of Chapter 3 of Title 24.
(B) Notwithstanding any other provision of law, the millage rate and fee rates may also be increased upon a two-thirds vote of the governing body. Any new sources of revenues for any purposes must be approved by a two-thirds vote of the governing body of the municipality. However, if the governing body has fewer than six members, a three-fifths vote is required.
(C) The restrictions contained in this section do not affect millage which is levied to pay bonded indebtedness or payments for real property purchased using a lease-purchase agreement or used to maintain a reserve account. Nothing in this section prohibits the use of energy-saving performance contacts as provided in Section 48-52-670.
(D) For the property tax year of implementation of the values resulting from a countywide reassessment and equalization program, the millage rate must not exceed the rollback millage, as defined in Section 4-9-142(E), except that the rollback millage may be increased by the percentage increase in the consumer price index, based on the southeastern average, for the year immediately preceding the year of reassessment values implementation. The millage rate and fee rates also may be increased for the year of reassessment values implementation upon a two-thirds vote of the governing body. However, if the governing body has fewer than six members, a three-fifths vote is required."
SECTION 3. Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-60. (A) The governing body authorized by law to levy special purpose or public service district taxes may not increase the millage rate and fee rates imposed for any purpose above the rate imposed for such purpose for the prior tax year. The millage rate, however, may be increased by the percentage increase in the consumer price index based upon the southeastern average. Notwithstanding the limitation upon millage rate increases contained in this subsection and only to the extent authorized by law on the effective date of this section, the governing body authorized by law to levy special purpose or public service district taxes may increase the millage rate for the following purposes:
(1) in response to a natural or environmental emergency as declared by the Governor. However, upon revocation of the declared emergency or as soon as conditions or operations change to the extent the emergency no longer exists, millage rate and fee rates must return to the rates immediately preceding the emergency;
(2) to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution; or
(3) to raise the revenue necessary to comply with judicial mandates requiring the use of special purpose or public service district funds, personnel, facilities, or equipment.
(B) The millage rate also may be increased upon a two-thirds vote of the governing body authorized by law to levy special purpose or public service district taxes. Any new sources of revenues for any purpose must be approved by a two-thirds vote of the governing body authorized by law to levy special purpose or public service district taxes. However, if the governing body has fewer than six members, a three-fifths vote is required.
(C) Notwithstanding any other provision of law, the restrictions contained in this section do not affect millage which is levied to pay bonded indebtedness or payments for real property purchased using a lease-purchase agreement or used to maintain a reserve account.
(D) The provisions of this section do not and may not be construed to amend or repeal any existing provision of law limiting the fiscal autonomy of a special purpose or public service district to the extent those limitations are more restrictive than the provisions of this section.
(E) For the property tax year of implementation of the values resulting from a countywide reassessment and equalization program, the millage rate must not exceed the rollback millage, as defined in Section 4-9-142(E), except that the rollback millage may be increased by the percentage increase in the consumer price index, based on the southeastern average, for the year immediately preceding the year of reassessment values implementation. The millage rate and fee rates may also be increased in the year of reassessment values implementation upon a two-thirds vote of the governing body. However, if the governing body has fewer than six members, a three-fifths vote is required."
SECTION 4. Chapter 73, Title 59 of the 1976 Code is amended by adding:
"Section 59-73-35. (A) Except as provided in this section, the governing body authorized by law to levy school taxes may not increase the millage rate imposed for any purpose above the rate imposed for such purposes for the prior tax year.
(B) The millage rate may be increased by the percentage increase in the consumer price index based upon the southeastern average or to meet the minimum required local Education Finance Act inflation factor as projected by the State Budget and Control Board, Division of Research and Statistics, and the per pupil maintenance of effort requirement of Section 59-21-1030. Notwithstanding the limitation upon millage rate increases contained in this subsection, the millage rate also may be increased for the following purposes:
(1) in response to a natural or environmental emergency as declared by the Governor. However, upon revocation of the declared emergency or as soon as conditions or operations change to the extent the emergency no longer exists, millage rate and fee rates must return to the rates immediately preceding the emergency;
(2) to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution; or
(3) to raise the revenue necessary to comply with judicial mandates requiring the use of school district funds, personnel, facilities, or equipment.
(C) Notwithstanding any other provision of law, the millage rate also may be increased upon a two-thirds vote of the governing body authorized by law to levy school taxes of the school district. Any new sources of revenues for any purpose must be approved by a two-thirds vote of the governing body authorized by law to levy school taxes of the school district.
(D) The restrictions contained in this section do not affect millage which is levied to pay bonded indebtedness or payments for real property purchased using a lease-purchase agreement or used to maintain a reserve account. Nothing in this section prohibits the use of energy-saving performance contacts as provided in Section 48-52-670.
(E) For the property tax year of implementation of the values resulting from a countywide reassessment and equalization program, the millage rate must not exceed the rollback millage, as defined in Section 4-9-142(E), except that the rollback millage may be increased by the percentage increase in the consumer price index, based on the southeastern average, for the year immediately preceding the year of reassessment values implementation. The millage rate also may be increased during the year of reassessment values implementation upon a two-thirds vote of the governing body. However, if the governing body has fewer than six members, a three-fifths vote is required.
(F) The provisions of this section do not and may not be construed to amend or repeal any existing provision of law limiting the fiscal autonomy of a school district to the extent those limitations are more restrictive than the provisions of this section.
(G) The provisions of this section do not apply to a school district in which any increase in the ad valorem school tax levy for a tax year must be approved by the qualified electors of the school district in a referendum."
SECTION 5. A. Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-85. Neither municipalities, counties, school districts, special purpose districts, nor any other political subdivision of this State may impose any taxes or fees of any nature or description unless the General Assembly has expressly authorized by general law the imposition of the specific tax or fee. The provisions of this section shall not and do not apply to taxes or fees on the rental or letting of accommodations which have been finally enacted by the governing bodies of the aforementioned local government entities on or before November 13, 1995.
For purposes of this section, the term 'accommodations' has the same meaning given that term in Section 12-36-920."
B. The intent of the General Assembly in enacting the provisions of subsection A of this section is to reverse legislatively the decision in Hospitality Association of South Carolina et al. vs. The County of Charleston et al., Opinion No. 24346, November 13, 1995, Davis' Advance Sheet No. 25, except to the extent a tax or fee is specifically authorized by Section 6-1-85 of the 1976 Code.
SECTION 6. This part takes effect upon approval by the Governor./
Amend title to conform.
Renumber sections and parts to conform.
Senator WILSON argued in favor of the adoption of the amendment.
Senator WILSON moved that the amendment be adopted.
Senator MOORE argued contra to the adoption of the amendment.
Senator MOORE moved to lay the amendment on the table.
The amendment was laid on the table.
Senator WILSON desired to be recorded as voting against the motion to table the amendment.
Senator DRUMMOND proposed the following Amendment No. 51 (3901R119.JWD), which was withdrawn:
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
/SECTION 1. Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-82. (A) The governing body of a county or municipality may not impose a new tax after December 31, 1995 unless specifically authorized by the General Assembly.
(B) (1) A county or municipality may impose by ordinance or other lawful authorization of the governing body a fee, surcharge, or service charge for a particular local government service so long as the fee is used for the purpose for which the fee is collected and the fee imposed is in exchange for specific and measurable goods or services provided to the person who pays the fee. Any other levy must be classified as a tax.
(2) All funds collected by a county or municipality from the imposition of a fee or tax based on accommodations provided to transients and on sales of food and beverages sold in or by establishments licensed for on-premises consumption of alcoholic beverages, beer, or wine must be deposited into a special dedicated account established to hold these funds. All interest must be retained in the account. None of these funds may be placed in the county's or municipality's general fund. These funds must be used exclusively for the following purposes:
(a) the development, design, and construction of facilities for civic and meeting activities including required infrastructure (sewer, water, roads) directly impacting the facility(s) begun after January 1, 1996;
(b) the control of waterfront erosion; and
(c) construction and maintenance of major tourist access highways in those counties which have a high concentration of tourism activity.
(d) tourist-related services, including but not limited to, police protection, restrooms, sanitation, road and sidewalk maintenance, and administrative support services.
For the purposes of this section, 'high concentration of tourism and travel activity' means those counties generating three million dollars or more in state accommodations tax in the 1994-95 fiscal year. This base rate must be adjusted upward annually by the Consumer Price Index based upon the Southeastern average.
(3) A county fee or tax based on the gross proceeds derived from the rental or charges for accommodations furnished to transients or based on sales of food and beverages sold in or by establishments licensed for on-premises consumption of alcoholic beverages, beer, or wine may not be imposed in any incorporated areas of the county without the consent of the affected municipality.
(4) In a county in which the cumulative county and municipal accommodations tax equals three or four percent as of March 12, 1996, the cumulative rate of county and municipal fees based on accommodations provided transients may not exceed four percent and the funds may be used for police, fire protection, emergency medical service, and emergency preparedness operations directly attendant to these facilities, in addition to those purposes listed in subsection (2).
(C) Effective July 1, 1997, the governing body of each county or municipality is prohibited from charging any fee or tax on the transfer of real property."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator DRUMMOND explained the amendment.
On motion of Senator DRUMMOND, with unanimous consent, Amendment No. 51 was withdrawn.
The question then was the third reading of the Bill.
Senator LAND spoke on the Bill.
Senator McCONNELL spoke on the Bill.
There being no further amendments, Senator McCONNELL moved that the Bill be given a third reading.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Hayes Holland * Jackson Land Lander Leatherman Martin Matthews McConnell McGill * Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Ryberg Setzler Short Smith, G. Smith, J.V. Thomas Waldrep Washington Wilson
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
I voted "aye" solely for the people to have a right to vote, but the overall Bill is not sufficient to protect the people from more government growth.
The following Joint Resolution having been read the second time was ordered placed on the third reading Calendar:
H. 4626 -- Reps. Fleming and Wilder: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF JANUARY 9 AND 12, 1996, MISSED BY STUDENTS OF THE UNION COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW AND ICE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Senator LANDER asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
On motion of Senator LANDER, H. 4626 was ordered to receive a third reading on Thursday, March 14, 1996.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 4138 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-145 SO AS TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT WHEN A FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.
On motion of Senator DRUMMOND, the Bill was recommitted to the Committee on Finance.
H. 3651 -- Rep. H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-330 SO AS TO ESTABLISH THE STATE PROPERTY TAX CREDIT FUND AND REQUIRE ANNUAL APPROPRIATIONS TO THE FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-251 SO AS TO ALLOW A HOMESTEAD EXEMPTION FROM PROPERTY TAXES OTHER THAN THOSE LEVIED FOR BONDED INDEBTEDNESS EQUAL TO TWENTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS OF FAIR MARKET VALUE ESCALATING, DEPENDING ON REVENUES IN THE STATE PROPERTY TAX CREDIT FUND TO A COMPLETE EXEMPTION FROM ALL TAXES EXCEPT THOSE LEVIED FOR BONDED INDEBTEDNESS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-217 SO AS TO REQUIRE TRIENNIAL REASSESSMENT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-75, AND 59-73-35 SO AS TO IMPOSE SPENDING LIMITS ON COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE DISTRICTS AND IMPOSE AN AD VALOREM TAX REVENUE LIMITATION ON SCHOOL DISTRICTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-350 SO AS TO PROVIDE A STANDARDIZED TAX BILL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-60 SO AS TO PROVIDE FOR NOTICE REQUIREMENTS FOR LOCAL GOVERNMENT BUDGETING.
On motion of Senator DRUMMOND, the Bill was recommitted to the Committee on Finance.
S. 320 -- Senator Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-90, SO AS TO PROVIDE THAT A COUNTY OR MUNICIPALITY MAY BY ORDINANCE IMPOSE A FEE ON THE TRANSFER OF REAL PROPERTY, AND TO PROVIDE CERTAIN CONDITIONS UNDER WHICH THE FEE MAY BE IMPOSED.
On motion of Senator CORK, the Bill was recommitted to the Committee on Judiciary.
On motion of Senator ALEXANDER, with unanimous consent, the Senate stood adjourned in honor of Mrs. R.C. "Louise" Edwards of Clemson, S.C., upon the occasion of her 80th birthday.
At 4:33 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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