Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 10:30 A.M., the hour to which it stood adjourned and was called to order by the ACTING PRESIDENT Senator MARTIN.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear again the prophet Jeremiah, Chapter 2 (v. 11) (NRSV):
"Has a nation changed its gods,
even though they are no gods?
But my people have changed their glory
for something that does not profit.
Be appalled, O heavens, at this,
be shocked, be utterly desolate,
says the Lord."
Let us pray.
O God, our Father, the God of the Holy Scriptures, we know that all our ethics, our moral and spiritual values depend on Who, or what, our God (god) is!
Make us brave to hold where our duty calls us to hold. Help us to yield where the call of the common good beckons us to make self-giving sacrifices.
Help us to see, beyond the kaleidoscope of many shades of colored glass in grand disorder now, the mosaic which is to be the art-form of our cooperative efforts.
And Thine will be the glory!
Amen.
Senator BRYAN moved that a call of the Senate be made. The following Senators answered the call:
Alexander Bryan Courtney Drummond Fair Giese Gregory Hayes Leventis Martin Mescher Passailaigue Rose Saleeby Setzler Thomas Waldrep
A quorum was not present.
At 10:40 A.M., on motion of Senator DRUMMOND, the Senate receded from business not to exceed fifteen minutes.
At 10:45 A.M., the Senate resumed.
Senators GREG SMITH, RICHTER, BOAN, McCONNELL, ELLIOTT, LANDER, RYBERG, WASHINGTON, WILSON, LAND, RUSSELL, COURSON, McGILL, RANKIN, CORK, PATTERSON, MATTHEWS, JACKSON, HOLLAND, GLOVER, J. VERNE SMITH, PEELER, REESE, LEATHERMAN, FORD, MOORE and SHORT recorded their presence subsequent to the Call of the Senate.
On motion of Senator SETZLER, with unanimous consent, the members of the Education Committee were granted leave to attend a brief committee meeting and to be counted in any quorum calls.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
April 22, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, Kershaw County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Ms. Delores D. Leonard, Post Office Box 184, Camden, S.C. 29020 VICE Roosevelt Osborne (resigned)
Received as information.
April 23, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, Charleston County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable David W. Coker, 4050 Bridgeview Drive, Suite 200, North Charleston, S.C. 29405
Received as information.
April 29, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, Georgetown County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable William Barry McCall, Post Office Box 1830, Pawleys Island, S.C. 29585
Received as information.
Senator THOMAS introduced Dr. John Rowell of Greenville, S.C., Doctor of the Day.
The following were introduced:
H. 4522 -- Reps. Allison, Wells, Littlejohn, Walker and Lee: A BILL TO AMEND SECTION 20-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PETITIONS FOR ORDERS OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROVIDE THAT NO FEE MAY BE CHARGED FOR FILING A PETITION; AND TO AMEND SECTION 20-4-60, RELATING TO ORDERS FOR PROTECTION, SO AS TO PROHIBIT GRANTING A MUTUAL ORDER OF PROTECTION EXCEPT UNDER CERTAIN CONDITIONS.
Read the first time and referred to the Committee on Judiciary.
H. 4670 -- Reps. Allison, Neal, G. Brown, Inabinett, Sandifer, McKay, J. Hines, Meacham, Cain, Wells, L. Whipper, Vaughn, Simrill, Lee, Waldrop, Herdklotz, Davenport, Byrd, Rice, Littlejohn, Rhoad, Lloyd, J. Brown, Haskins, Wilkes and Spearman: A BILL TO AMEND SECTION 20-7-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL NEGLECT OF CHILDREN AND HELPLESS PERSONS, SO AS TO EXPAND THE CATEGORIES OF PERSONS CARING FOR CHILDREN AND HELPLESS PERSONS WHO ARE SUBJECT TO THIS SECTION.
Read the first time and referred to the Committee on Judiciary.
H. 4982 -- Reps. Richardson and Keyserling: A CONCURRENT RESOLUTION CONGRATULATING MR. MARK BRYAN, MR. DEAN FELBER, MR. DARIUS RUCKER, AND MR. JIM "SONI" SONEFELD, ALL MEMBERS OF THE MUSICAL GROUP, HOOTIE AND THE BLOWFISH, FOR BRINGING RECOGNITION TO THE STATE OF SOUTH CAROLINA THROUGH THEIR EFFORTS AND SUCCESS AS PROFESSIONAL MUSICIANS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4983 -- Reps. Govan, Scott, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF EUGENE MONTGOMERY OF ORANGEBURG, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:
S. 1167 -- Senator Fair: A BILL TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS, CONFIDENTIALITY, AND RELEASE OF INFORMATION PERTAINING TO JUVENILES, SO AS TO PROVIDE THAT CERTAIN INFORMATION REGARDING JUVENILE OFFENDERS MUST BE PROVIDED TO ALL VICTIMS OF CRIMES RATHER THAN ONLY TO VICTIMS OF VIOLENT CRIMES.
Ordered for consideration tomorrow.
Senator McCONNELL from the Committee on Judiciary submitted a favorable report on:
S. 1380 -- Senators McConnell and Washington: A BILL TO AMEND SECTION 23-11-110 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO PROVIDE THAT FINGERPRINTS MUST BE MADE AVAILABLE TO THE STATE LAW ENFORCEMENT DIVISION FORTY-FIVE DAYS AFTER FILING FOR ELECTION TO THE OFFICE, RATHER THAN SIXTY DAYS BEFORE THE CLOSE OF QUALIFICATION FOR ELECTION TO THE OFFICE; TO PROVIDE THAT CANDIDATES MUST FILE A SWORN AFFIDAVIT FORTY-FIVE DAYS AFTER FILING FOR ELECTION TO THE OFFICE RATHER THAN WITHIN SIXTY DAYS BEFORE HE QUALIFIES; AND TO PROVIDE THAT THIS ACT APPLIES WITH RESPECT TO CANDIDATES FILING FOR ELECTION BEGINNING JANUARY 1, 1996.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3909 -- Reps. Wright, Askins, Bailey, Gamble, Harvin, Herdklotz, Kirsh, Knotts, McCraw, Riser, Robinson, Simrill, Spearman and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-660 SO AS TO PROVIDE UNDER THE WORKERS' COMPENSATION LAW THAT NO ARCHITECT, ENGINEER, LAND SURVEYOR, LANDSCAPE ARCHITECT, OR THEIR EMPLOYEES OR A CORPORATION, PARTNERSHIP, OR FIRM OFFERING THESE SERVICES WHO IS RETAINED TO PERFORM PROFESSIONAL SERVICES ON A CONSTRUCTION PROJECT IS LIABLE FOR ANY INJURY RESULTING FROM THE EMPLOYER'S FAILURE TO COMPLY WITH SAFETY STANDARDS ON A CONSTRUCTION PROJECT FOR WHICH COMPENSATION IS RECOVERABLE, UNLESS RESPONSIBILITY FOR SAFETY PRACTICES IS SPECIFICALLY ASSUMED BY CONTRACT, AND PROVIDE FOR RELATED MATTERS.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4502 -- Reps. Simrill, Herdklotz, Cain, Sandifer, Haskins, Meacham, Hallman, Trotter, Cato and R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-85 SO AS TO PROVIDE THAT MARRIAGES BETWEEN PERSONS OF THE SAME SEX VALID IN ANOTHER STATE ARE VOID IN SOUTH CAROLINA.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable report on:
H. 4663 -- Rep. Tucker: A BILL TO AMEND SECTION 18-1-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRANTING OF BAIL FOR A DEFENDANT APPEALING A CONVICTION, SO AS TO MAKE THE GRANTING OF BAIL DISCRETIONARY FOR DEFENDANTS CONVICTED OF CERTAIN OFFENSES.
Ordered for consideration tomorrow.
S. 1399 -- Senators Ford, Passailaigue and Washington: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. MIRANDA HOLMES FOR HER SELFLESS DEDICATION TO FAMILY, COMMUNITY, AND CHURCH AND TO CELEBRATE THE LOVE SHE SO FREELY GIVES TO OTHERS.
Returned with concurrence.
Received as information.
S. 1402 -- Senator Giese: A CONCURRENT RESOLUTION TO RECOGNIZE ARTHUR M. BJONTEGARD, JR., FOR A LIFE OF SELFLESS DEVOTION TO HELPING OTHERS, ESPECIALLY THE SENIOR CITIZENS OF SOUTH CAROLINA, AND TO WISH MR. BJONTEGARD EVERY HAPPINESS IN THE YEARS TO COME.
Returned with concurrence.
Received as information.
S. 1403 -- Senator Drummond: A CONCURRENT RESOLUTION WELCOMING THE MEMBERS OF THE USS SANTEE TO SOUTH CAROLINA AS THEY CELEBRATE TRIUMPHANT MEMORIES OF WORLD WAR II.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill and Joint Resolution were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 4957 -- Reps. Harrell, Wilkins, Townsend, Kelly, Hutson, Limehouse, Cobb-Hunter, Wilder, Jennings, Howard, Stoddard, Lloyd, Knotts, Shissias, Herdklotz, Mason, H. Brown, Loftis, Govan, Neal, Law, Littlejohn, McElveen, Meacham, Cain, Kennedy, Hallman, J. Harris, Carnell, Dantzler, Cotty, Easterday, Walker, Young-Brickell, Klauber, Allison, R. Smith, Sheheen, Wells, Spearman, Stille, Sandifer, Sharpe, P. Harris, Riser, Tucker, Keegan, Stuart, Byrd, Chamblee, Neilson, Baxley, McCraw, Richardson, Koon, Gamble, J. Hines, Wofford, Wright, Vaughn, Keyserling, Jaskwhich, McMahand, Kinon, Askins, Rice, Waldrop, Seithel, M. Hines, Limbaugh, Harrison, Cato, Davenport, Hodges, Lanford, Thomas, Lee, J. Young, Fleming and Witherspoon: 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 50 SO AS TO PROVIDE FOR THE ISSUANCE OF "PUBLIC EDUCATION: A GREAT INVESTMENT" LICENSE PLATES, AND TO PROVIDE FOR THE DISBURSEMENT OF THE FEES COLLECTED.
H. 4896 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, PILOTAGE COMMISSION, PORT OF PORT ROYAL, RELATING TO APPRENTICESHIP SELECTION PROCESS: PILOT AND APPRENTICE AGE LIMITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1909, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(By prior motion of Senator LAND, with unanimous consent)
H. 4490 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-775 SO AS TO REQUIRE THE SOUTH CAROLINA REINSURANCE FACILITY ANNUALLY TO DEVELOP AND FILE PHYSICAL DAMAGE LOSS COMPONENTS FOR AUTOMOBILE INSURANCE COVERAGES; TO AMEND SECTIONS 37-2-202 AND 37-3-202, BOTH AS AMENDED, RELATING TO ADDITIONAL CHARGES A CREDITOR AND CONSUMER LENDER, RESPECTIVELY, MAY CHARGE, SO AS TO REQUIRE THAT WHEN SINGLE INTEREST COLLISION COVERAGE IS WRITTEN IN CONNECTION WITH THE PURCHASE OF A MOTOR VEHICLE, NOTICE MUST BE GIVEN THAT THE COVERAGE IS FOR THE BENEFIT OF THE CREDITOR AND OF OTHER OPTIONS AVAILABLE TO THE BUYER; TO AMEND SECTION 38-77-10, AS AMENDED, RELATING TO THE PURPOSES OF THE AUTOMOBILE INSURANCE CHAPTER, SO AS TO CLARIFY THAT THE PURPOSES APPLY TO THE BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY AUTOMOBILE INSURANCE; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS UNDER AUTOMOBILE INSURANCE, SO AS TO ADD THE DEFINITION OF "FACILITY PHYSICAL DAMAGE RATE"; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE REQUIREMENT TO WRITE AUTOMOBILE INSURANCE, SO AS TO CLARIFY THAT THIS REQUIREMENT APPLIES TO BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY COVERAGES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN COVERAGE REQUIREMENTS, TO ALLOW RATHER THAN REQUIRE INSURERS TO MAKE AVAILABLE COLLISION COVERAGE AND COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE, TO AUTHORIZE CEDING PHYSICAL DAMAGE INSURANCE COVERAGE TO THE FACILITY, TO PROHIBIT DISCRIMINATION ON CERTAIN GROUNDS IN DETERMINING RATES OR WHETHER TO WRITE OR RENEW COVERAGE, AND TO PROVIDE PENALTIES AND TO AMEND SECTION 38-77-920, AS AMENDED, RELATING TO DUTIES AND RIGHTS OF INSURERS AND AGENTS, SO AS TO CLARIFY THAT AUTOMOBILE INSURANCE REFERS TO BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator SALEEBY proposed the following Amendment (4490EES.MLP#1):
Amend the bill, as and if amended, page 9, line 33, by striking / October 1, 1996 / and inserting in lieu thereof:
/January 1, 1997/.
Amend title to conform.
On motion of Senator COURTNEY, the Bill was carried over.
S. 1168 -- Senator Martin: A BILL TO AMEND SECTION 40-57-155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTINUING EDUCATION FOR REAL ESTATE AGENTS, SO AS TO PROVIDE SIXTEEN HOURS OF MANDATORY CONTINUING EDUCATION FOR REAL ESTATE LICENSEES.
On motion of Senator ELLIOTT, the Bill was carried over.
H. 4430 -- Reps. Wright, Mason, Simrill, Askins, Felder, Cain, Sandifer, H. Brown, Inabinett, Stuart, M. Hines, Rice, Spearman, T. Brown, Richardson, Herdklotz, Wofford, Dantzler, Klauber, Koon, Law, Stoddard, Witherspoon, Quinn, Lloyd, Gamble, Easterday, Riser, Limbaugh and Waldrop: A BILL TO AMEND ARTICLE 4, CHAPTER 63, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHOOL CRIME REPORT ACT, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL FORWARD ALL INFORMATION CONCERNING SCHOOL-RELATED CRIME TO THE ATTORNEY GENERAL WHICH SHALL BE USED BY HIM IN THE SUPERVISION OF THE PROSECUTION OF SCHOOL CRIME; TO PROVIDE THAT LOCAL LAW ENFORCEMENT OFFICIALS ARE REQUIRED TO CONTACT THE ATTORNEY GENERAL'S "SCHOOL SAFETY PHONE LINE" WHEN CERTAIN CRIMES OCCUR; TO PROVIDE THAT UPON REQUEST OF A LOCAL SCHOOL DISTRICT, THE ATTORNEY GENERAL MAY PETITION THE LOCAL SCHOOL BOARD TO EXPEL STUDENTS CHARGED WITH CERTAIN CRIMES; AND TO PROVIDE THAT THE ATTORNEY GENERAL IS AUTHORIZED TO REPRESENT THE LOCAL SCHOOL DISTRICT WHEN SUCH CASES ARE APPEALED TO AN APPELLATE COURT.
On motion of Senator GIESE, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF H. 4600, THE GENERAL APPROPRIATION BILL.
H. 4600 -- GENERAL APPROPRIATION BILL
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 66 (Doc. 4600R003.DLT), proposed by Senator THOMAS, and printed in the Journal of Tuesday, April 30, 1996.
On motion of Senator THOMAS, Amendment No. 66 was carried over.
At 11:12 A.M., the PRESIDENT assumed the Chair.
Senator LAND proposed the following Amendment No. 75 (BBM\10835DW.96), which was ruled out of order:
Amend the bill, as and if amended, Part II, by adding a new section to read:
TO AUTHORIZE PERSONS WHO ARE LICENSED IN COSMETOLOGY TO PRACTICE THIS PROFESSION IN EVERY PLACE OR ESTABLISHMENT WHERE THE PRACTICE OF BARBERING IS ALLOWED, AND TO PROVIDE FOR THE PROMULGATION OF CERTAIN REGULATIONS.
A. Notwithstanding any other provision of law, persons licensed to engage in cosmetology, as defined in Section 40-13-10(1) of the 1976 Code of Laws, must be allowed to practice and engage in cosmetology in every place or establishment where the practice of the barbering is authorized to be carried out pursuant to Chapter 7 of Title 40.
B. This section takes effect July 1, 1996./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senator PEELER proposed the following Amendment No. 80A (4600R224.HSP), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.
A. The General Assembly finds that:
(1) for the past two years a temporary budget proviso allowed students in the teacher preparation program who met certain requirements to undertake a fourth attempt to pass the Education Entrance Examination;
(2) when the General Assembly chose to end the authorization for the fourth opportunity to sit for the examination by deleting this budget proviso in the 1995-96 general appropriations act, some students, acting in good faith, were caught in the process of qualifying for the fourth attempt on the exam; and
(3) the General Assembly by this section is desirous of correcting this inequity.
B. Notwithstanding any other provision of law, a person required to take and pass the Education Entrance Examination (EEE), pursuant to Section 59-26-20(e) or 59-26-40 of the 1976 Code, who has failed to achieve a passing score on all sections after the number of attempts allowed by law may retake for a fourth time any test section not passed in the manner allowed by this section. The person must complete a remedial or developmental course from a post-secondary institution in the subject area of any test section not passed and must petition the State Superintendent of Education or the chairperson of the State Board of Education for authorization to retake that portion of the test failed. The State Superintendent of Education or the chairperson of the State Board of Education is authorized to grant the petition. The applicant must then pay a cost, not to exceed sixty dollars to be determined by the authorizing authority, for the administration of the fourth examination./.
Amend sections, totals and title to conform.
Senator PEELER explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 77 (JIC\5915AC.96), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-37-220, AS AMENDED, OF THE 1976 CODE, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO SET THE VALUE ELIGIBLE FOR THE EXEMPTION FOR MACHINERY AND EQUIPMENT IN GREIGE MILLS AND TO DEFINE THE TERM "GREIGE MILL".
A. The General Assembly finds that the treatment of property in greige mills for purposes of implementing the exemption for pollution control equipment has been established by policy of the former South Carolina Tax Commission and its successor the South Carolina Department of Revenue and Taxation. Further, the General Assembly finds that in 1994, the General Assembly intended to codify the policy, however, the 1994 legislation, Act No. 497, Section 100, was inaccurate in its description of the policy. It is the intent of the General Assembly to enact this legislation to correct the description of the policy and to clearly set forth in the 1976 Code the policy of the South Carolina Department of Revenue and Taxation relating to the pollution control exemption for greige mills as it existed prior to the enactment of the 1994 legislation which inaccurately described the policy.
B. Section 12-37-220(A)(8) of the 1976 Code, as last amended by Section 100A, Part II, Act 497 of 1994, is further amended to read:
"(8) all facilities or equipment of industrial plants which are designed for the elimination, mitigation, prevention, treatment, abatement, or control of water, air, or noise pollution, both internal and external, required by the state or federal government and used in the conduct of their business. At the request of the Department of Revenue and Taxation the Department of Health and Environmental Control shall investigate the property of any manufacturer or company, eligible for the exemption to determine the portion of the property that qualifies as pollution control property. Upon investigation of the property, the Department of Health and Environmental Control shall furnish the Department of Revenue and Taxation with a detailed listing of the property that qualifies as pollution control property. For equipment that serves a dual purpose of production and pollution control, the value eligible for the ad valorem exemption is the difference in cost between this equipment and equipment of similar production capacity or capability without the ability to control pollution, except that the value eligible for the ad valorem exemption for equipment that serves a dual purpose of production of greige goods and pollution control is twenty percent of the cost of the equipment. For the purposes of this item, twenty percent of the cost of any piece of machinery and equipment placed in service in a greige mill qualifies as internal air and noise pollution control property and is exempt from property taxes. 'Greige mill' means all textile processes from opening through fabric formation before dyeing and finishing;"
C. This section take effect upon approval by the Governor and applies for property for tax years beginning after 1993./
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator LANDER proposed the following Amendment No. 103 (GJK\22776SD.96), which was adopted:
Amend the bill, as and if amended, Part II, by adding a new section to read:
TO AMEND SECTION 12-36-910, AS AMENDED, OF THE 1976 CODE, RELATING TO SERVICES ON WHICH THE SALES TAX APPLIES INCLUDING NON COIN-OPERATED LAUNDRY, DRY-CLEANING, DYEING, AND PRESSING SERVICES, SO AS TO PROVIDE THAT SUCH SERVICES ARE EXEMPT FROM THE SALES TAX IN THE MANNER PROVIDED IN SECTION 12-36-2120; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO EXEMPT THE GROSS PROCEEDS OF THE SALE OF NON COIN-OPERATED LAUNDRY, DRY-CLEANING, DYEING, AND PRESSING SERVICES BEGINNING JUNE 30, 1997.
A. Section 12-36-910(B)(1) of the 1976 Code, as last amended by Act 361 of 1992, is further amended to read:
"(1) gross proceeds accruing or proceeding from the business of providing or furnishing any laundering, dry-cleaning, dyeing, or pressing service, but does not apply to the gross proceeds derived from coin-operated laundromats and dry-cleaning machines; provided, that beginning June 30, 1997, the sales tax shall not apply to these services in the manner provided in Section 12-36-2120;"
B. Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) laundry, dry-cleaning, dyeing, and pressing services beginning June 30, 1997. The term 'laundry, dry-cleaning, dyeing, and pressing services' as used in this item does not include coin-operated laundromats and dry-cleaning machines which are exempt from the sales tax as provided in Section 12-36-910 and shall continue to be so exempt after the effective date of this item."/
Amend sections, totals and title to conform.
Senator LANDER explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Drummond Matthews Saleeby Smith, J.V.
Alexander Boan Cork Courson Elliott Fair Giese Gregory Hayes Holland Land Lander Leatherman Leventis Martin McConnell McGill Mescher Moore Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Ryberg Setzler Short Smith, G. Thomas Waldrep Washington Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator DRUMMOND argued contra to the adoption of the amendment.
At 12:05 P.M., Senator MOORE requested a leave of absence until 1:30 P.M.
The amendment was adopted.
Senator J. VERNE SMITH proposed the following Amendment No. 104 (GJK\22779SD.96), which was adopted:
Amend the bill, as and if amended, Part II, by adding a new section to read:
TO PROVIDE THAT THE DEPARTMENT OF PEDIATRICS OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, THE UNIVERSITY PEDIATRICS OF THE UNIVERSITY AFFILIATED PROGRAM OF THE UNIVERSITY OF SOUTH CAROLINA, AND THE CHILDREN'S HOSPITAL OF THE GREENVILLE HOSPITAL SYSTEM ARE AUTHORIZED AS AGENTS FOR THE STATE OF SOUTH CAROLINA TO FULFILL THE ROLE OF REGIONAL TERTIARY LEVEL DEVELOPMENTAL EVALUATION CENTERS AND TO PROVIDE FOR THE DEVELOPMENTAL SERVICES THESE ENTITIES SHALL PROVIDE IN THIS REGARD.
A. The Department of Pediatrics of the Medical University of South Carolina, the University Pediatrics of the University Affiliated Program of the University of South Carolina, and the Children's Hospital of the Greenville Hospital System, are each hereby authorized, as agents of the State of South Carolina, to fulfill the role of Regional Tertiary Level Developmental Evaluation Centers providing comprehensive developmental assessment and treatment services for children with developmental disabilities, significant developmental delays, or behavioral or learning disorders.
B. As developmental evaluation centers, the above named institutions shall provide a seamless continuum of developmental services, including medically necessary diagnostic and treatment services for the purpose of correcting or ameliorating physical or mental illnesses and conditions which, left untreated, would negatively impact the health and quality of life of South Carolina's children. Further, these centers shall work collectively with the teaching, training, and research entities of each institution, extending the state's efforts to prepare professionals to work in the field of developmental medicine, while lending expertise to the research efforts in this field.
C. The developmental evaluation centers shall be involved in research, planning, and needs assessment of issues related to developmental disabilities and shall be committed to develop a regionalized system of community-based, family-centered care for children with developmental and behavioral disabilities. In so doing, the centers shall serve as primary points of entry for developmental evaluation services and as regional coordinators for the delivery of the services and are encouraged to affiliate with other providers thus enhancing the availability of high quality services for the children of South Carolina./
Amend sections, totals and title to conform.
Senator J. VERNE SMITH explained the amendment.
Senator J. VERNE SMITH moved that the amendment be adopted.
The amendment was adopted.
At 12:15 P.M., Senator SALEEBY requested a leave of absence until 2:00 P.M.
Senator ELLIOTT proposed the following Amendment No. 108 (PT\2501SD.96), which was tabled:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-36-2120, AS AMENDED, OF THE 1976 CODE, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR GASOLINE AND OTHER MOTOR FUELS TAXES EXCEPT FOR FUELS USED IN FARM MACHINERY, FARM TRACTORS, AND COMMERCIAL FISHING VESSELS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 57-11-25, SO AS TO DEDICATE ONE HUNDRED PERCENT OF THE ADDITIONAL REVENUE ATTRIBUTABLE TO THE SALES TAX ON GASOLINE AND OTHER MOTOR FUELS TO A NEW SEPARATE HIGHWAY CONSTRUCTION FUND ESTABLISHED BY LAW.
A. Section 12-36-2120(15) of the 1976 Code, as last amended by Act 516 of 1994, is further amended to read:
"(15) (a) gasoline and other fuels subject to tax under Chapter 27 of Title 12; however, gasoline used in aircraft is not exempt from the sales and use tax;
(b) fuels subject to tax under Chapter 29 of Title 12; however, if the fuel tax is subsequently refunded under Section 12-29-380, the sales or use tax is due unless otherwise exempt, and the person receiving the refund is liable for the sales or use tax;
(c)(a) fuels used in farm machinery and farm tractors; and
(d)(b) fuels used in commercial fishing vessels."
B. Article 1, Chapter 11, Title 57 of the 1976 Code is amended by adding:
"Section 57-11-25. One hundred percent of the revenue derived from the application of Chapter 36 of Title 12, The South Carolina Sales and Use Tax Act, to retail sales of gasoline and other motor fuels subject to the tax imposed pursuant to Chapter 28 of Title 12 must be credited to a new separate Highway Construction Fund established by law."
C. This section takes effect July 1, 1996./
Amend sections, totals and title to conform.
Senator ELLIOTT explained the amendment.
Senator PASSAILAIGUE raised a Point of Order that the amendment was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase... new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act."
Senator BRYAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senators LAND, O'DELL and McGILL proposed the following Amendment No. 109 (BBM\10831CM.96), which was adopted:
Amend the bill, as and if amended, Part II, by adding a new section to read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-4096 SO AS TO PROHIBIT TRESPASSING UPON RAILROAD TRACKS, PROVIDE PENALTIES FOR VIOLATIONS, AND THE PROCEDURE FOR DISTRIBUTING THE FINES COLLECTED.
SECTION 1. The 1976 Code is amended by adding:
"Section 58-17-4096. (A) It is unlawful, without proper authority, for a person to trespass upon railroad tracks.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.
(C) Revenues collected from these fines must be remitted to the Department of Public Safety's Safety and Grant Programs."/
Amend sections, totals and title to conform.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator RYBERG proposed the following Amendment No. 114 (PT\2499DW.96), which was ruled out of order:
Amend the bill, as and if amended, Part II, by adding a new section to read:
TO AMEND SECTION 12-60-2550 OF THE 1976 CODE, RELATING TO PAYMENT OF PROPERTY TAX UNDER APPEAL AND REFUNDS AND PAYMENTS AFTER FINAL DETERMINATION, SO AS TO PROVIDE THAT A TAXPAYER MAY PAY TAX ON REAL PROPERTY, THE VALUE OF WHICH IS UNDER APPEAL, BASED ON EIGHTY PERCENT OF THE REASSESSED VALUE OR ONE HUNDRED PERCENT OF THE VALUE APPLICABLE FOR THE PRIOR PROPERTY TAX YEAR, WHICHEVER RESULTS IN A LOWER TAX LIABILITY ON THE PROPERTY.
A. Section 12-60-2550(A) of the 1976 Code, as added by Act 60 of 1995, is amended to read:
"(A) If it is reasonably expected that the written protest or appeal will not be resolved by December thirty-first of the tax year, the county assessor shall notify the auditor to adjust the property tax assessment of the property under protest to eighty percent of the protested property tax assessment or one hundred percent of the property tax assessment applicable for the prior property tax year, whichever results in a lower property tax liability for the current tax year, or any greater valuation greater than eighty percent agreed to in writing by the taxpayer, and enter the adjusted property tax assessment on the tax duplicate. The tax must be paid as in other cases."
B. Upon approval of the Governor, this act is effective for property tax years beginning after 1995./
Renumber Sections to conform.
Amend sections, totals and title to conform.
Senator RYBERG explained the amendment.
Senator McCONNELL raised a 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 sustained the Point of Order.
The amendment was ruled out of order.
On motion of Senator MARTIN, at 12:35 P.M., Senator ALEXANDER was granted a leave of absence until 2:30 P.M.
Senators FAIR and HOLLAND proposed the following Amendment No. 121 (PFM\9344AC.96), which was tabled:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AUTHORIZE A REFERENDUM AT THE 1996 GENERAL ELECTION IN COUNTIES IN WHICH CASH PAYOFFS ON COIN-OPERATED DEVICES ARE PERMITTED TO DETERMINE WHETHER THE CASH PAYOFFS SHOULD CONTINUE AND TO ALLOCATE NOT MORE THAN TEN THOUSAND DOLLARS OF FUNDS APPROPRIATED TO THE STATE ELECTION COMMISSION FOR FISCAL YEAR 1996-97 FOR BALLOTS FOR THESE REFERENDUMS.
A. Notwithstanding Section 19H, Part II, of Act 164 of 1993, a county in which, on this section's effective date, cash payoffs relating to coin-operated devices are authorized by Section 16-19-60, may hold a referendum at the 1996 general election to determine whether these cash payoffs should continue to be authorized.
B. The referendum must be held:
(1) upon the passage of an ordinance of the governing body of a county providing for a referendum if the ordinance is passed at least ninety days before a general election; or
(2) if a petition requesting the referendum to be held is filed with the county election commission more than ninety days before the general election containing the signatures of at least ten percent, but not more than two thousand five hundred, of the qualified electors of the county as of the time of the preceding general election.
C. The question put before the voters shall read:
"Shall cash payoffs for credits earned on coin-operated video game machines remain legal and subject to licensure and regulation by the State of South Carolina?"
D. If the result of the referendum provided for in this section is not in favor of a continuation of cash payoffs for credits earned on coin-operated devices within the county, Section 16-19-60 does not apply within the county after July 1, 1997.
E. The state election laws apply to the referendum provided in this section, mutatis mutandis.
F. If a majority of the qualified electors within a county vote to terminate cash payoffs for credits earned on coin-operated devices, the Department of Revenue and Taxation shall refund to any person holding a license for the operation of coin-operated devices, on a pro rata basis, the portion of any license fees previously paid the commission for licenses which extend beyond July 1, 1997./
G. An amount not exceeding ten thousand dollars, if so much is necessary, of the funds appropriated to the State Election Commission for fiscal year 1996-97 for distribution to counties in Part IA, Section 16, subsection IIIE of the annual general appropriations act for fiscal year 1996-97 must be used for ballots for the referendums that may be called pursuant to this section./
Amend sections, totals and title to conform.
Senator FAIR argued in favor of the adoption of the amendment and Senator PASSAILAIGUE argued contra.
Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator FAIR spoke on the Point of Order.
Senator McCONNELL spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator LAND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Cork Courson Courtney Elliott Ford Jackson Land Leventis Matthews McConnell Mescher Passailaigue Patterson Peeler Rankin Reese Richter Rose Ryberg Short Smith, G. Waldrep Washington
Alexander* Boan Bryan Drummond Fair Giese Gregory Hayes Holland Lander Martin McGill Russell Saleeby Setzler Smith, J.V. 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 amendment was laid on the table.
I had just left the Senate Chamber before Amendment #121 was considered to attend the SCDOT Adopt-A-Highway Award Luncheon. I accepted an award on behalf of the people of Oconee County for their volunteer service in the Adopt-A-Highway Program.
On motion of Senator DRUMMOND, debate was interrupted by recess.
At 12:55 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 2:30 P.M.
The Senate reassembled at 2:35 P.M. and was called to order by the PRESIDENT.
The following was introduced:
S. 1406 -- Senator Saleeby: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE MEMBERS OF THE DARLINGTON HIGH SCHOOL TEAM WHICH CAPTURED THE "LIFESMARTS...THE ULTIMATE CONSUMER CHALLENGE" NATIONAL TITLE IN A CONTEST HELD ON APRIL 22-23, 1996, AT L.G. LINE HIGH SCHOOL IN WASHINGTON, D.C.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 4676 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-21-3320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF BINGO GAMES AND DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "NONPROFIT ORGANIZATION".
Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD4676.001), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION ___. Section 12-21-3340 of the 1976 Code is amended to read:
"Section 12-21-3340. (A) To conduct bingo, an applicant nonprofit organization shall file with the commission a written application in a form prescribed by the commission, executed and notarized which must include:
(1) the name and address of the applicant and sufficient facts relating to its incorporation and organization to enable the commission to determine whether it is an authorized organization;
(2) a copy of the organization's corporate charter and the Internal Revenue Service's statement exempting the applicant from federal income taxes as either a 501(c)(3), 501(c)(8), or 501(c)(10) organization;
(3) the names and addresses of the organization's officers;
(4) the place where and the times when the applicant intends to conduct bingo under the license applied for;
(5) the specific purpose to which the bingo net proceeds are to be devoted;
(6) the designation of a 'promoter' as defined by this article;
(7) a copy of any contract or lease between a promoter and the applicant;
(8) the name, address, and social security number of each person who will work at the proposed bingo games and receive compensation for the work, the nature of the work to be performed, and a statement as to whether or not the person has been convicted within the last twenty years of a felony, gambling offense, criminal fraud, or a crime that has a sentence of two or more years;
(9) submit a sample ticket, Class AA or B, for approval and the name and address of the printer;
(10) submit the name and address of the financial institution where the special accounts are established. The account numbers also must be submitted;
(11) other information considered necessary by the commission.
(B) Upon application for a license, the commission has thirty days to approve or reject the application based on the requirements of this article.
(C) Each applicant or licensee is required to file a renewal application each year submitting all the information and documentation required by this section.
(D) The nonprofit organization is required within thirty days to notify the commission, in writing, of any changes in the information supplied on the application."
SECTION ___. Section 12-21-3350 of the 1976 Code is amended to read:
"Section 12-21-3350. (A) A promoter under contract with a licensee to manage, operate, or conduct a game shall file a written application for a promoter's license in a form prescribed by the commission, properly executed and notarized which must include:
(1) the name, address, and social security number of the promoter or of each officer if the promoter is a corporation;
(2) a copy of the promoter's contract or lease with the nonprofit organization;
(3) the name and address and social security number of any person working for the promoter at the bingo game and receiving compensation for the work;
(4) a notarized statement as to whether or not the applicant for a promoter's license or any of his employees has been convicted within the last twenty years of a felony, gambling offense, criminal fraud, or a crime that has a sentence of two or more years.
(B) Upon application for a license, the commission has thirty days to approve or reject the application based on the requirements of this article.
(C) Each promoter is required to file a renewal application each year submitting all the information and documentation required by this section.
(D) The license authorized by this section is for the privilege of engaging in business as a bingo promoter and must be purchased from the commission at a cost of one thousand dollars a year.
A promoter shall obtain a promoter's license for each organization for which he operates bingo games.
(E) The promoter is required within thirty days to notify the commission, in writing, of any changes in the information supplied on the application."
SECTION ___. Section 12-21-3470 of the 1976 Code is amended to read:
"Section 12-21-3470. A person who has been convicted within the last twenty years of violating a state or federal statute relating to gaming or gambling, a crime that has a sentence of two or more years, or, where applicable, whose promoter's license has been revoked by the commission is not permitted to manage or conduct a game or assist in any manner with the bingo operation."/
Renumber sections to conform.
Amend title to conform.
Senator HOLLAND explained the amendment.
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 SENATE PROCEEDED TO A CONSIDERATION OF H. 4600, THE GENERAL APPROPRIATION BILL.
H. 4600 -- GENERAL APPROPRIATION BILL
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator FAIR proposed the following Amendment No. 91 (GJK\22780SD.96), which was ruled out of order:
Amend the bill, as and if amended, Part II, by adding a new section to read:
TO AMEND SECTION 58-27-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "ELECTRICAL UTILITY", SO AS TO PROVIDE THAT THIS TERM DOES NOT INCLUDE A PERSON, CORPORATION, LIMITED LIABILITY COMPANY, OR MUNICIPALITY FURNISHING ELECTRICITY ONLY TO HIMSELF OR ITSELF, THEIR RESIDENTS, EMPLOYEES, OR TENANTS OR TO ANY INDUSTRIAL FACILITY FOR ITS OWN USE, SO LONG AS ELECTRICITY FURNISHED TO THE INDUSTRIAL FACILITY IS GENERATED AT OR ADJACENT TO THE INDUSTRIAL FACILITY, WHEN THE CURRENT IS NOT RESOLD OR USED BY OTHERS.
The 1976 Code is amended to read:
A. The seventh paragraph of Section 58-27-10 of the 1976 Code is amended to read:
"The term 'electrical utility' includes municipalities to the extent of their business, property, rates, transactions, and operations without the corporate limits of the municipality, persons and corporations, their lessees, assignees, trustees, receivers, or other successors in interest owning or operating in this State equipment or facilities for generating, transmitting, delivering, or furnishing electricity for street, railway, or other public uses or for the production of light, heat, or power to or for the public for compensation; but it shall not include an electric cooperative or a consolidated political subdivision and shall not include a person, corporation, limited liability company, or municipality furnishing electricity only to himself or itself, their residents, employees, or tenants or to any industrial facility for its own use, so long as electricity furnished to the industrial facility is generated at or adjacent to the industrial facility, when such current is not resold or used by others."
B. This section takes effect upon approval by the Governor./
Amend sections, totals and title to conform.
Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
The PRESIDENT sustained the Point of Order.
Amendment No. 91 to H. 4600, the General Appropriation Bill, deals with a very complex issue that is of critical importance to a growing number of manufacturing and industrial concerns in our State.
You see, in my quest to find $110,000 for the Children's Committee, this idea, which is in committee in bill form, offered an opportunity to provide new funding for the State and, hopefully, for my committee.
The amendment involves companies that currently have power generators on their manufacturing sites which provide the majority of their own electrical needs. These companies want the ability that 22 other states already provide to sell these power generators to a third party and buy the power back from this newly created entity.
There are economic advantages to the companies to sell their generators and buy back the power.
As I said, this is a complex issue and it is further complicated by the utilities and co-ops who have been reluctant to give any ground. In fact, many of you are prepared to stop this amendment at their request. However, I can't be too harsh in my thinking against the utilities since they function in a highly regulated environment. But, I am convinced that this is an issue that will increase in intensity in the months ahead. I mention this now to let you know that you most likely will be contacted by a business or businesses in your area asking for your help to get legislation passed to permit this activity.
The utilities' community has pledged to work with this business group toward a consensus that would allow the unregulated 'one customer providers' to co-exist with unregulated and regulated utility providers.
Senator ELLIOTT proposed the following Amendment No. 112 (JUD4600.008), which was ruled out of order:
Amend the bill, as and if amended, Part II, by adding a new section to read:
/ SECTION ___
TO ADD SECTION 57-3-617 OF THE 1976 CODE, RELATING TO THE DUTIES OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO THAT THE TRANSPORTATION COMMISSION MAY IMPOSE TOLL CHARGES ON THOSE PORTIONS OF INTERSTATE HIGHWAYS WHICH ARE LOCATED IN SOUTH CAROLINA; DETERMINE THE LOCATION OF TOLL FACILITIES AND AMOUNT OF TOLLS; AND PROVIDE THAT PROCEEDS GENERATED BY THESE TOLLS BE DEPOSITED IN A SEPARATE ACCOUNT DESIGNATED AS THE "NEW HIGHWAY CONSTRUCTION TRUST FUND."
A. Section 57-3-617 of the 1976 Code is added to read:
"Notwithstanding any other provision of law, the Transportation Commission may impose toll charges on those portions of interstate highways which are located in South Carolina. The location and general operation of toll facilities and the amount of tolls charged must be determined by the Commission. Proceeds generated from these tolls must be deposited in a separate account designated as the "New Highway Construction Trust Fund."/.
Amend sections, totals and title to conform.
Senator ELLIOTT explained the amendment.
Senators PASSAILAIGUE and WILSON raised a Point of Order that the amendment was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase... new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act."
Senator WILSON spoke on the Point of Order.
Senator ELLIOTT spoke on the Point of Order.
Senator DRUMMOND spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
Senator ELLIOTT proposed the following Amendment No. 115 (JIC\5965HTC.96), which was ruled out of order:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-36-2120, AS AMENDED, OF THE 1976 CODE, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR GASOLINE AND OTHER MOTOR FUELS TAXES EXCEPT FOR FUELS USED IN FARM MACHINERY, FARM TRACTORS, AND COMMERCIAL FISHING VESSELS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 57-11-25, SO AS TO DEDICATE ONE HUNDRED PERCENT OF THE ADDITIONAL REVENUE ATTRIBUTABLE TO THE SALES TAX ON GASOLINE AND OTHER MOTOR FUELS TO A SEPARATE NEW HIGHWAY CONSTRUCTION TRUST FUND AND USED TO MATCH FEDERAL HIGHWAY FUNDS AND FOR THE DIRECT CONSTRUCTION OF NEW HIGHWAYS, AND TO REQUIRE EARNINGS OF THE FUND TO BE CREDITED TO IT.
A. Section 12-36-2120(15) of the 1976 Code, as last amended by Act 516 of 1994, is further amended to read:
"(15) (a) gasoline and other fuels subject to tax under Chapter 27 of Title 12; however, gasoline used in aircraft is not exempt from the sales and use tax;
(b) fuels subject to tax under Chapter 29 of Title 12; however, if the fuel tax is subsequently refunded under Section 12-29-380, the sales or use tax is due unless otherwise exempt, and the person receiving the refund is liable for the sales or use tax;
(c)(a) fuels used in farm machinery and farm tractors; and
(d)(b) fuels used in commercial fishing vessels."
B. Article 1, Chapter 11, Title 57 of the 1976 Code is amended by adding:
"Section 57-11-25. One hundred percent of the revenue derived from the application of Chapter 36 of Title 12, The South Carolina Sales and Use Tax Act, to retail sales of gasoline and other motor fuels subject to the tax imposed pursuant to Chapter 28 of Title 12 must be credited to a separate fund, styled the 'New Highway Construction Trust Fund' proceeds of which must be used only to match federal highway funds or used directly for new highway constructions. Earnings of the fund must be credited to it and used for the same purposes."
C. This section takes effect July 1, 1996./
Amend sections, totals and title to conform.
Senator ELLIOTT explained the amendment.
Senator BRYAN raised a Point of Order that the amendment was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase... new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act."
The PRESIDENT sustained the Point of Order.
Senator ELLIOTT proposed the following Amendment No. 116 (JIC\5968HTC.96), which was ruled out of order:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-36-2120, AS AMENDED, OF THE 1976 CODE, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR GASOLINE AND OTHER MOTOR FUELS TAXES EXCEPT FOR FUELS USED IN FARM MACHINERY, FARM TRACTORS, AND COMMERCIAL FISHING VESSELS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 57-11-25, SO AS TO DEDICATE ONE HUNDRED PERCENT OF THE ADDITIONAL REVENUE ATTRIBUTABLE TO THE SALES TAX ON GASOLINE AND OTHER MOTOR FUELS TO A SEPARATE NEW HIGHWAY CONSTRUCTION TRUST FUND AND USED TO MATCH FEDERAL HIGHWAY FUNDS AND FOR THE DIRECT CONSTRUCTION OF NEW HIGHWAYS, AND TO REQUIRE EARNINGS OF THE FUND TO BE CREDITED TO IT.
A. Section 12-36-2120(15) of the 1976 Code, as last amended by Act 516 of 1994, is further amended to read:
"(15) (a) gasoline and other fuels subject to tax under Chapter 27 of Title 12; however, gasoline used in aircraft is not exempt from the sales and use tax;
(b) fuels subject to tax under Chapter 29 of Title 12; however, if the fuel tax is subsequently refunded under Section 12-29-380, the sales or use tax is due unless otherwise exempt, and the person receiving the refund is liable for the sales or use tax;
(c)(a) fuels used in farm machinery and farm tractors; and
(d)(b) fuels used in commercial fishing vessels."
B. Article 1, Chapter 11, Title 57 of the 1976 Code is amended by adding:
"Section 57-11-25. One hundred percent of the revenue derived from the application of Chapter 36 of Title 12, The South Carolina Sales and Use Tax Act, to retail sales of gasoline and other motor fuels subject to the tax imposed pursuant to Chapter 28 of Title 12 must be credited to a separate fund, styled the 'New Highway Construction Trust Fund' proceeds of which must be used only to match federal highway funds or used directly for new highway constructions. Earnings of the fund must be credited to it and used for the same purposes."
C. This section takes effect January 1, 1997./
Amend sections, totals and title to conform.
Senator ELLIOTT explained the amendment.
Senator PASSAILAIGUE raised a Point of Order that the amendment was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase... new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act." The PRESIDENT sustained the Point of Order.
Senator RANKIN proposed the following Amendment No. 122 (JUD4600.007), which was adopted:
Amend the bill, as and if amended, Part II, page 662, line 37, by adding a new section to read:
/ SECTION
TO REQUIRE THE CODE COMMISSIONER TO CHANGE ALL REFERENCES IN THE ACTS AND JOINT RESOLUTIONS OR THE 1976 CODE FROM "DEPARTMENT OF REVENUE AND TAXATION" TO "DEPARTMENT OF REVENUE."
Whenever the term "Department of Revenue and Taxation" appears in the Acts and Joint Resolutions of the General Assembly or the 1976 Code of Laws of South Carolina, it shall mean the "Department of Revenue." The Code Commissioner is directed to change all such references at such time and in such manner as may be timely and cost-effective./
Amend sections, totals and title to conform.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator RYBERG proposed the following Amendment No. 123A (4600R208.WGR), which was adopted:
Amend the bill, as and if amended, Part II, page 662, after line 34, by adding an appropriately numbered new SECTION to read:
/ SECTION
TO AMEND SECTION 6-27-40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF MONIES APPROPRIATED TO THE LOCAL GOVERNMENT FUND, SO AS TO PROHIBIT A MUNICIPALITY IN VIOLATION OF SECTION 5-7-65 OR SECTION 5-31-1940 FROM RECEIVING A DISTRIBUTION; AND TO AMEND CHAPTER 7, TITLE 5 OF THE 1976 CODE, RELATING TO THE POWER AND FUNCTIONS OF MUNICIPALITIES, BY ADDING SECTION 5-7-65 AND TO AMEND ARTICLE 19, CHAPTER 31, TITLE 5 OF THE 1976 CODE, RELATING TO CONTRACTS FOR MUNICIPAL SERVICES WITHIN AND WITHOUT CITY LIMITS, BY ADDING SECTION 5-31-1940, SO AS TO PROVIDE THAT A MUNICIPALITY MAY NOT, BY ORDINANCE OR OTHERWISE, IMPOSE UPON A CUSTOMER RECEIVING FIRE PROTECTION SERVICES OR RECEIVING WATER AND 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 OR CONSENT TO ANNEXATION AS A CONDITION OF CONTINUED RECEIPT OF FIRE PROTECTION SERVICES OR WATER AND SEWER SERVICES, IF THE MUNICIPALITY HAS PRIOR TO JULY 1, 1996, OR IN THE CASE OF A COMMERCIAL CUSTOMER PRIOR TO OCTOBER 1, 1996, EXTENDED FIRE PROTECTION SERVICES OR WATER AND SEWER SERVICES TO THE CUSTOMER, PURSUANT TO A CONTRACTUAL AGREEMENT WHICH DID NOT CONTAIN, PRIOR TO JULY 1, 1996, OR IN THE CASE OF A COMMERCIAL CUSTOMER PRIOR TO OCTOBER 1, 1996, A CLAUSE OR PROVISION PROHIBITING THE CUSTOMER FROM OPPOSING ANNEXATION OR REQUIRING THE CUSTOMER'S CONSENT TO ANNEXATION IF SUCH PROPERTY BECOMES CONTIGUOUS TO THE MUNICIPALITY OR EXTENDED SUCH SERVICES TO THE CUSTOMER UNDER ANY CIRCUMSTANCES WITHOUT, PRIOR TO JULY 1, 1996, OR IN THE CASE OF A COMMERCIAL CUSTOMER PRIOR TO EFFECTIVE OCTOBER 1, 1996, ANY SPECIFIC AGREEMENT WITH RESPECT TO ANNEXATION.
A. Section 6-27-40 of the 1976 Code is amended by adding an appropriately numbered new subsection to read:
"( ) No municipality which is in violation of Section 5-7-65 or Section 5-31-1940 may receive a distribution under subsection (A)."
B. Chapter 7, Title 5 of the 1976 Code is amended by adding:
"Section 5-7-65. Notwithstanding any other provision of law and effective July 1, 1996, or in the case of a commercial customer effective October 1, 1996, 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 or consent to annexation as a condition of continued receipt of fire protection services, if the municipality has:
(1) prior to July 1, 1996, or in the case of a commercial customer prior to October 1, 1996, extended fire protection services to the customer, pursuant to a contractual agreement which did not contain, prior to July 1, 1996, or in the case of a commercial customer prior to October 1, 1996, a clause or provision prohibiting the customer from opposing annexation or requiring the customer's consent to annexation if such property becomes contiguous to the municipality; or
(2) prior to July 1, 1996, or in the case of a commercial customer prior to effective October 1, 1996,extended such services to the customer under any circumstances without, prior to July 1, 1996, or in the case of a commercial customer prior to effective October 1, 1996, any specific agreement with respect to annexation."
C. Article 19, Chapter 31, Title 5 of the 1976 Code is amended by adding:
"Section 5-31-1940. (A) Notwithstanding any other provision of law and effective July 1, 1996, or in the case of a commercial customer effective October 1, 1996, no municipality may, 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 or consent to annexation as a condition of continued receipt of water or sewer services.
(B) Subsection (A) only applies if the municipality has:
(1) prior to July 1, 1996, or in the case of a commercial customer prior to October 1, 1996, extended water or sewer services to the customer, pursuant to a contractual agreement which did not contain, prior to July 1, 1996, or in the case of a commercial customer prior to October 1, 1996, a clause or provision prohibiting the customer from opposing annexation or requiring the customer's consent to annexation if such property becomes contiguous to the municipality; or
(2) prior to July 1, 1996, or in the case of a commercial customer prior to October 1, 1996, extended such services to the customer under any circumstances without, prior to July 1, 1996, or in the case of a commercial customer prior to October 1, 1996, any specific agreement with respect to annexation."
D. This section takes effect upon approval by the Governor./
Amend sections, totals and title to conform.
Senator RYBERG explained the amendment.
Senator RYBERG moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 78 (JIC\5916AC.96), which was ruled out of order:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 61-3-440, AS AMENDED, OF THE 1976 CODE, RELATING TO PROHIBITING ISSUING ALCOHOLIC BEVERAGE LICENSES WITHIN A CERTAIN DISTANCE OF CHURCHES, SCHOOLS, OR PLAYGROUNDS, SO AS TO REVISE THE EXEMPTIONS.
Section 61-3-440 of the 1976 Code, as last amended by Section 1583 of Act 181 of 1993, is further amended to read:
"Section 61-3-440. The department shall not grant or issue any license provided for in this chapter, Chapter 7, and Article 3 of Chapter 13, if the place of business is within three hundred feet of any church, school, or playground situated within a municipality or within five hundred feet of any church, school, or playground situated outside of a municipality. Such distance shall be computed by following the shortest route of ordinary pedestrian or vehicular travel along the public thoroughfare from the nearest point of the grounds in use as part of such church, school, or playground, which, as used herein, shall be defined as follows:
(1) 'Church', an establishment, other than a private dwelling, where religious services are usually conducted;
(2) 'School', an establishment, other than a private dwelling where the usual processes of education are usually conducted; and
(3) 'Playground', a place, other than grounds at a private dwelling, which is provided by the public or members of a community for recreation.
The above restrictions shall do not apply to the renewal of licenses existing on July 10, 1960 or to locations then existing and they do not apply to new applications for locations which are licensed at the time the new application is filed with the department."/
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
Senator FAIR raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator McCONNELL spoke on the Point of Order.
Senator LAND spoke on the Point of Order.
Senator PASSAILAIGUE spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
Senators RICHTER and WASHINGTON proposed the following Amendment No. 125 (4600R403.LER), which was adopted:
Amend the bill, as and if amended, Part II, page 662, after line 34, by adding a new section to read:
/ SECTION ___.
TO AMEND SECTION 12-6-1130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MODIFICATIONS REGARDING INDIVIDUAL TAXABLE INCOME, SO AS TO PROVIDE THAT A TAXPAYER MAY CLAIM AN EXEMPTION FOR THE EXEMPTION AMOUNT FOR EACH FOSTER CHILD WHO RESIDES WITH THE TAXPAYER FOR OVER HALF OF THE YEAR WHO DID NOT OTHERWISE QUALIFY AS A DEPENDENT.
A. Section 12-6-1130 of the 1976 Code is amended by adding an appropriately numbered item:
"( ) Internal Revenue Code Sections 151 and 152 shall be applied such that a taxpayer may claim an exemption for the exemption amount for each foster child who resides with the taxpayer for over half of the year who did not qualify as a dependent under Internal Revenue Code Section 152. The deduction allowed under Section 12-6-1160 shall be applicable to a foster child for whom an exemption is allowed under this subsection to the same extent as otherwise allowed for a child under Section 12-6-1160."/
B. This section takes effect upon approval by the Governor and applies to tax years beginning after 1996.
Amend sections, totals and title to conform.
Senator RICHTER explained the amendment.
The amendment was adopted.
Senator ELLIOTT proposed the following Amendment No. 126 (PT\2502SD.96), which was ruled out of order:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
by adding a new section to read:
TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL CONDUCT A STATEWIDE REFERENDUM AT THE SAME TIME AS THE 1996 GENERAL ELECTION ON THE QUESTION OF RAISING THE GASOLINE TAX BY FIVE CENTS A GALLON WITH THE PROCEEDS TO BE DEPOSITED IN A NEW SEPARATE HIGHWAY CONSTRUCTION FUND AS ESTABLISHED BY LAW.
A. The State Election Commission shall conduct a statewide referendum at the same time as the 1996 general election on the question of raising the gasoline tax by five cents a gallon with the proceeds to be deposited in a new separate Highway Construction Fund as established by law.
B. The referendum question shall read: "Do you favor raising the gasoline tax by five cents a gallon with the proceeds to be deposited in the a separate new State Highway Construction Fund as established by law?"
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"./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator ELLIOTT argued in favor of the adoption of the amendment.
Senator LEATHERMAN raised a Point of Order that the amendment was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase... new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act." The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senator MOORE asked unanimous consent to make a motion that the members of the Medical Affairs Committee be granted leave to attend a committee meeting at 4:00 P.M., that they be notified of any roll call votes, and that any amendments proposed by a Medical Affairs Committee member be carried over.
There was no objection and the motion was adopted.
Senator LAND proposed the following Amendment No. 139 (DKA\3729HTC.96), which was adopted:
Amend the bill, Part II, Permanent Provisions, the unnumbered SECTION added by amendment designated number 109, document name BBM\10831CM.96, as and if amended, in Section 58-17-4096, by striking subsection (C) which reads:
/(C) Revenues collected from these fines must be remitted to the Department of Public Safety's Safety and Grant Programs./
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
The amendment was adopted.
Senators PEELER and LEVENTIS proposed the following Amendment No. 140A (4600R228.HSP), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO REQUIRE THE SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION TO ATTEMPT TO SECURE A PRIVATE CONTRACTOR FOR THE OPERATION OF ITS DAYCARE FACILITY IN ACCORDANCE WITH CERTAIN ACCREDITATION STANDARDS, AND REQUIRE THE COMMISSION TO MAKE A REPORT BY MARCH 1, 1997, INCLUDING ITS ACTION TAKEN AND THEIR EFFECTS ON THE DAYCARE FACILITY REVENUE AND ENROLLMENT, A DETAILED EXPENDITURE REPORT FOR DAYCARE FACILITY OPERATIONS IN CALENDAR YEAR 1996, AND AN OPERATION BUDGET FOR DAYCARE FACILITY OPERATIONS IN CALENDAR YEAR 1997.
Subject to the provisions of Chapter 35 of Title 11, the South Carolina Educational Television Commission shall attempt to secure a private contractor for the operation of its daycare facility in accordance with the National Association for the Education of Young Children (NAEYC) accreditation standards. The commission shall submit a report to the State Reorganization Commission, the Senate Finance Committee, and the House Ways and Means Committee by March 1, 1997, that includes the actions taken and their effects on its daycare facility revenues and enrollment, a detailed expenditure report for daycare facility operations in calendar year 1996, and an operational budget for daycare facility operations in calendar year 1997./
Amend sections, totals and title to conform.
Senator PEELER explained the amendment.
Senator PEELER moved that the amendment be adopted.
The amendment was adopted.
Senator REESE proposed the following Amendment No. 142 (GJK\22787HTC.96), which was adopted:
Amend the bill, as and if amended, Part II, by adding a new section to read:
TO AMEND SECTION 56-3-2150, AS AMENDED, AND SECTION 56-3-2170 OF THE 1976 CODE, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO MEMBERS OF MUNICIPAL AND COUNTY COUNCILS, SO AS TO PROVIDE A SPECIAL LICENSE PLATE FOR A MAYOR AND PROVIDE FOR THE DISTRIBUTION OF THE REVENUE FROM THE PLATES, TO REQUIRE A MINIMUM OF THIRTY REQUESTS BEFORE SUCH PLATES MAY BE ISSUED, AND FOR PERIODIC REPORTING ON THE COSTS OF PRODUCTION AND ADMINISTRATION OF THESE SPECIAL PLATES.
A. Section 56-3-2150 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-3-2150. The department may issue special motor vehicle license plates to mayors, members of municipal and county councils, and to county coroners of this State for private motor vehicles registered in their names. The biennial fee for these special license plates is the same as the fee provided in Section 56-3-20, and only Only one plate may be issued to a mayor, councilman, or coroner. The plate must be issued or revalidated biennially for the regular registration and licensing period. The fee for the issuance of this special plate must be the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the Department of Public Safety except that the special fee on mayors' plates issued in excess of thirty must be deposited in the Public Education: A Great Investment Fund established pursuant to Section 56-3-7980. The department must receive at least thirty applications for a mayor's plate before such a plate may be issued. Every five years the department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly."
B. Section 56-3-2170 of the 1976 Code is amended to read:
"Section 56-3-2170. The license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made to and approved by the department. It is unlawful for any a person to whom such a plate has been issued to knowingly permit it to be displayed on any vehicle except the one authorized by the department. If a holder of such a the plate ceases to be a mayor, member of the municipal or county council, or ceases to be county coroner, he shall immediately return immediately the plate to the department."/
Amend sections, totals and title to conform.
Senator REESE explained the amendment.
Senator LEVENTIS spoke on the amendment.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 143 (PT\2406CM.96), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTIONS 12-27-1290 AND 12-28-2920, BOTH AS AMENDED, OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT AND CONSTRUCTION OF TOLL ROADS, SO AS TO REVISE THE DISBURSEMENT OF FUNDS DERIVED FROM TOLLS AND THE CONDITIONS UPON WHICH TOLL CHARGES SHALL CEASE; TO AMEND SECTION 57-5-1320, AS AMENDED, RELATING TO TURNPIKE PROJECT DEFINITIONS, SO AS TO REVISE CERTAIN DEFINITIONS AND TO DEFINE GENERAL OBLIGATION BOND; TO AMEND SECTION 57-5-1360, RELATING TO CERTAIN POWERS AND DUTIES OF THE STATE BUDGET AND CONTROL BOARD, SO AS TO SUBSTITUTE "BONDS" FOR "FACILITY"; AND TO AMEND SECTION 57-5-1450, AS AMENDED, RELATING TO THE STATE BUDGET AND CONTROL BOARD'S AUTHORITY TO ISSUE TURNPIKE BONDS AND THE TERMS AND CONDITIONS OF THE BONDS, SO AS TO REVISE THE PROCESS OF ISSUING TURNPIKE BONDS AND TO DELETE CERTAIN CONDITIONS THAT MAY BE ATTACHED TO THE BONDS.
A. Section 12-27-1290 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 12-27-1290. The department must shall review projects for the possibility of constructing toll roads to defray the cost of these projects pursuant to the authority granted the department in Section 57-5-1330. No project may be funded by means of imposing a toll on the users of the project unless in conjunction with federal funds authorized for use on toll roads it is determined to be substantially feasible by the department. The funds derived from tolls must be:
(1) returned credited to the State Highway Fund until the fund is reimbursed or retained and applied by the entity or entities developing the toll road pursuant to an agreement authorized under Section 57-3-200 for the purpose of funding the cost of construction, financing, operation, and maintenance of the toll project; or
(2) used to service bonded indebtedness for highway transportation purposes incurred pursuant to Paragraph 9, Section 13, Article X of the South Carolina Constitution.
Upon reimbursement repayment of the cost of construction and financing, all toll charges shall cease."
B. Section 12-28-2920 of the 1976 Code, as added by Act 136 of 1995, is amended to read:
"Section 12-28-2920. The department shall review projects for the possibility of constructing toll roads to defray the cost of these projects pursuant to the authority granted the department in Section 57-5-1330. No project may be funded by means of imposing a toll on the users of the project unless in conjunction with federal funds authorized for use on toll roads it is determined to be substantially feasible by the department. The funds derived from tolls must be:
(1) returned credited to the State Highway Fund until the fund is reimbursed or retained and applied by the entity or entities developing the toll road pursuant to an agreement authorized under Section 57-3-200 for the purpose of funding the cost of construction, financing, operation, and maintenance of the toll project; or
(2) used to service bonded indebtedness for highway transportation purposes incurred pursuant to Paragraph 9, Section 13, Article X of the South Carolina Constitution.
Upon reimbursement repayment of the cost of construction and financing, all toll charges shall cease."
C. Section 57-5-1320 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 57-5-1320. Unless the context indicates another meaning or intent:
(1) 'Department' means the Department of Transportation;
(2) 'Turnpike facility' means any express highway or limited access highway constructed under the provisions of this article by the department, whether or not financed with turnpike bonds, including any bridge, tunnel, overpass, underpass, interchange, entrance plaza, approach, toll house, service station and administration and storage and other buildings and facilities which the department may deem considers necessary or desirable therefor. A turnpike facility may constitute constitutes a portion or extension of any existing or proposed highway in the state highway system;
(3) 'Bonds or turnpike bonds' means revenue bonds of the State authorized under the provisions of this article and Paragraph (9), Section 13, Article X of the South Carolina Constitution;
(4) 'State board' means the State Budget and Control Board;
(5) 'Turnpike facility revenues' means all revenues resulting from tolls or other charges derived from the operation of a turnpike facility, including revenues derived from concession leases or other concessionaire operated facilities;
(6) 'Bond resolution' means the resolution of the state board making provision for the issuance of turnpike revenue bonds.;
(7) 'General obligation bonds' means state highway bonds issued pursuant to Paragraph (6)(a), Section 13, Article X of the South Carolina Constitution."
D. Section 57-5-1360 of the 1976 Code is amended to read:
"Section 57-5-1360. Following the receipt of any a request pursuant to Section 57-5-1350, the state board shall review the request and, to the extent that it approves the request, it may effect, by resolution duly adopted, effect the issuance of turnpike bonds, or pending the their issuance thereof, may effect the issuance of bond anticipation notes pursuant to Title 11, Chapter 17. No A resolution approving any proposed turnpike facility bonds may not be adopted unless prior thereto before approval the state board shall conduct conducts, after not less than ten days' published notice, a public hearing in the City of Columbia."
E. Section 57-5-1450 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 57-5-1450. (A) Following the approval of the proposed project, The state board may, by resolution duly adopted, may make provision for the issuance of turnpike bonds. In the resolution, the state board may prescribe the following:
1. Whether the bonds are to be:
(a) revenue bonds payable solely from turnpike facility revenues;
(b) general obligation bonds of the State; or
(c) [Deleted]
2.(1) the amount, denomination, and numbering of turnpike bonds to be issued;
3.(2) the date as of which they must be issued;
4.(3) the maturity schedule for the retirement of the turnpike bonds;
5.(4) the form or forms of the bonds of the particular issue;
6.(5) the redemption provisions, if any, applicable to the bonds;
7.(6) the maximum rate or rates of interest the bonds shall bear;
8.(7) the specific purposes for which the bonds must be issued;
9.(8) the purposes for which the proceeds of the bonds must be expended, in the discretion of the state board, a portion of the proceeds may be used as capitalized interest during the period of construction and initial operation and for the creation of appropriate debt service reserves;
10.(9) the method and conditions by which turnpike revenues from the turnpike facility so financed must be collected and utilized;
11.(10) the extent to which and the conditions under which additional parity bonds may be issued;
12.(11) any covenant considered necessary protecting the turnpike facility so financed from possible future competition from other highways or comparable facilities;
13.(12) the method by which the bonds must be sold and such other matters as may be considered necessary in order to effect the sale, issuance, and delivery thereof of the bonds.
(B) Except as otherwise provided in this article, all expenses incurred in carrying out the provisions of this article are payable solely from funds provided under the authority of this article or from any funds provided by the federal government or from other special sources and no liability or obligation may be incurred by the department beyond the extent to which money has been provided under the provisions of this article.
(C) The resolution shall further set forth further a finding on the part of the state board that the estimate of turnpike facility revenues made by the commission and approved by the state board indicates that collection from turnpike revenues for applicable fiscal years is not less than that required for annual debt service requirements of the requested turnpike bonds."
F. This section takes effect upon approval by the Governor./
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 RYBERG proposed the following Amendment No. 151 (4600R406.WGR), which was adopted:
Amend the bill, as and if amended, Part II, by adding a new section to read:
TO AMEND SUBARTICLE 9, ARTICLE 9, CHAPTER 60, TITLE 12, RELATING TO APPEALS, PROTESTS, AND REFUNDS FOR PROPERTY VALUED BY COUNTY ASSESSORS, BY ADDING SECTION 12-60-2555, SO AS TO IMPOSE A SURCHARGE OF FIVE DOLLARS ON EACH TAXPAYER RECEIVING AN ADJUSTMENT SECTION 12-60-2550; AND TO AMEND SECTION 12-60-2550 OF THE 1976 CODE, RELATING TO PAYMENT OF PROPERTY TAX UNDER APPEAL AND REFUNDS AND PAYMENTS AFTER FINAL DETERMINATION, SO AS TO PROVIDE THAT A TAXPAYER MAY PAY TAX ON REAL PROPERTY, THE VALUE OF WHICH IS UNDER APPEAL, BASED ON EIGHTY PERCENT OF THE REASSESSED VALUE OR ONE HUNDRED PERCENT OF THE VALUE APPLICABLE FOR THE PRIOR PROPERTY TAX YEAR, WHICHEVER RESULTS IN A LOWER TAX LIABILITY ON THE PROPERTY.
A. Subarticle 9, Article 9, Chapter 60, Title 12 of the 1976 Code is amended by adding:
"Section 12-60-2555. There is hereby imposed upon all taxpayers receiving an adjustment under Section 12-60-2550 a surcharge of five dollars for each adjustment made. The person responsible for receiving appeals shall collect the surcharge from the taxpayer and shall remit each surcharge collected to the state treasurer for deposit in the general fund."
B. Section 12-60-2550(A) of the 1976 Code, as added by Act 60 of 1995, is amended to read:
"(A) If it is reasonably expected that the written protest or appeal will not be resolved by December thirty-first of the tax year, the county assessor shall notify the auditor to adjust the property tax assessment of the property under protest to eighty percent of the protested property tax assessment or one hundred percent of the property tax assessment applicable for the prior property tax year, whichever results in a lower property tax liability for the current tax year, or any greater valuation greater than eighty percent agreed to in writing by the taxpayer, and enter the adjusted property tax assessment on the tax duplicate. The tax must be paid as in other cases."
C. Upon approval of the Governor, this act is effective for property tax years beginning after 1995./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RYBERG explained the amendment.
Senator RYBERG moved that the amendment be adopted.
The amendment was adopted.
Senators WILSON, PEELER, O'DELL and THOMAS proposed the following Amendment No. 154 (JIC\5974CM.96), which was ruled out of order:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 56-5-1520, AS AMENDED, OF THE 1976 CODE, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR AND TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO ERECT THE APPROPRIATE SIGNS WHENEVER A SPEED LIMIT IS CHANGED; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.
A. Section 56-5-1520 of the 1976 Code, as last amended by Part II, Section 36R, Act 497 of 1994, is further amended to read:
"Section 56-5-1520. (a) General rule. No(A) A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event Speed must be so controlled as may be necessary to avoid colliding with any a person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons a person to use care.
(b) Maximum speed limits.(B) Except when a special hazard exists that requires lower speed for compliance with paragraph (a) of this section subsection (A), the limits specified in this section or established as hereinafter authorized are maximum lawful speeds, and no a person shall not drive a vehicle on a highway at a speed in excess of these maximum limits:
(1) thirty miles an hour in any urban district; seventy miles an hour on the interstate highway system and other freeways where official signs giving notice of this speed limit are posted;
(2) sixty miles an hour on multilane divided primary highways where official signs giving notice of this speed limit are posted; and
(3) fifty-five miles an hour in other locations or on other sections of highways except where speeds above fifty-five miles an hour are otherwise provided by Section 56-5-1510.
(C) Thirty miles an hour is the maximum speed in an urban district and unpaved roads be limited to the speed of forty-five miles per hour. 'Urban district' means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred feet for a distance of a quarter of a mile or more.
(D) The maximum speed limits set forth in this section may be altered as authorized in pursuant to Sections 56-5-1530 and 56-5-1540.
(c) When lower speeds required; penalties; citation for violating speed limits.
(E) The driver of every a vehicle shall drive, consistent with the requirements of paragraph (a) subsection (A), drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, approaching a hillcrest, when traveling upon any narrow bridge, narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
(d) Any(F) A person violating the speed limits established by this section is guilty of a misdemeanor and, upon conviction for a first offense, must be fined or imprisoned as follows:
(1) in excess of the above posted limit but not in excess of ten miles an hour by a fine of not less than fifteen dollars nor more than twenty-five dollars;
(2) in excess of ten miles an hour but less than fifteen miles an hour above the posted limit by a fine of not less than twenty-five dollars nor more than fifty dollars;
(3) in excess of fifteen miles an hour but less than twenty-five miles an hour above the posted limit by a fine of not less than fifty dollars nor more than seventy-five dollars; and
(4) in excess of twenty-five miles an hour above the posted limit by a fine of not less than seventy-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.
(e)(G) Any A citation for violating the speed limits issued by any authorized officer must note on it the rate of speed for which the citation is issued.
(f)(H) In expending the funds credited to the state general fund from fines generated under subsection (d) (F), the department first shall consider the need for additional highway patrolmen.
(I) The Department of Transportation shall erect the appropriate signs whenever a speed limit is changed."
B. Section 56-5-1535 of the 1976 Code, as added by Act 409 of 1994, is amended to read:
"Section 56-5-1535. (A) It is unlawful for a person to drive a motor vehicle in a highway work zone at a speed in excess of the speed limit set and posted by signs. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than seventy-five nor more than two hundred dollars or imprisoned not more than thirty days, or both.
(B) A 'highway work zone' is the area between the first sign that informs motorists of the existence of the work zone on the highway and the last sign that informs motorists of the end of the work zone.
(C) The penalty imposed by this section applies only:
(1) if a sign is posted at the beginning of the active work zone that states "HIGHWAY 'WORK ZONE - NO SPEEDING - TWO HUNDRED DOLLAR $200 FINE AND THIRTY 30 DAYS IMPRISONMENT FOR SPEEDING'";
(2) to the area between the posted sign and the 'END CONSTRUCTION' sign. Signs may be posted at the discretion of the Department of Transportation in the highway work zones designed to comply with work zone traffic control standards contained in the Manual on Uniform Traffic Control Devices published by the Federal Highway Administration.
(D) The penalty imposed pursuant to subsection (C) is in addition to all other penalties prescribed for exceeding the lawful speed limit."
C. Section 56-5-1540(a)(2) of the 1976 Code is amended to read:
"(2) increases the limit within an urban district but not to more than fifty-five seventy miles an hour, except that speed limits above fifty-five miles an hour are required when stipulated by Section 56-5-1510; or"
D. The 1976 Code is amended by adding:
"Section 56-5-616. The interstate highway system consists of the segments of highways in South Carolina in the officially designated national system of interstate and defense highways."
E. The 1976 Code is amended by adding:
"Section 56-5-617. The state highway primary system consists of a connected system of principal state highways, not to exceed ten thousand miles, connecting centers of population, determined by the Commission of the Department of Transportation."
F. The 1976 Code is amended by adding:
"Section 57-3-175. Notwithstanding any other provision of law, a person moving or hauling a mobile home on the state's interstate highways shall travel at a maximum speed of not more than ten miles an hour below the posted speed limit."
G. Section 56-5-1510 of the 1976 Code is repealed.
H. This section takes effect July 1, 1996./
Amend sections, totals and title to conform.
Senator WILSON explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
Senator BRYAN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator WILSON spoke on the Point of Order.
Senator BRYAN spoke on the Point of Order.
Senator LAND spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senator ROSE proposed the following Amendment No. 156 (4600R227.MTR), which was ruled out of order:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered new SECTION at the end to read:
TO AMEND PART II OF ACT NO. 164 OF 1993, SECTION 82B, RELATING TO TERMS OF MEMBERS OF THE COUNCIL ON VOCATIONAL AND TECHNICAL EDUCATION, SO AS TO DELETE PROVISIONS PROHIBITING MEMBERS OF THE COUNCIL WHOSE TERMS EXPIRE ON JULY 1, 1993, FROM BEING REAPPOINTED BY THE GOVERNOR.
Part II of Act No. 164 of 1993 is amended to read:
"B. The terms of all members of the State Council on Vocational and Technical Education, as of June 30, 1993, expire on July 1, 1993. The Governor shall appoint new members to the State Council on Vocational and Technical Education on July 2, 1993; however, no member of the State Council on Vocational and Technical Education whose term expires on July 1, 1993, pursuant to this section, may be appointed by the Governor to the Council."/.
Amend sections, totals and title to conform.
Senator ROSE explained the amendment.
Senator LAND raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator ROSE spoke on the Point of Order.
Senator McCONNELL spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
At 4:10 P.M., Senator MARTIN assumed the Chair.
Senator LEATHERMAN proposed the following Amendment No. 1A (4600R230.HKL), which was adopted:
Amend the bill, as and if amended, Part II, Permanent Provisions, page 590, by striking SECTION 19.
Renumber sections to conform.
Amend totals and title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senator SETZLER proposed the following Amendment No. 136 (4600R218.NKS), which was adopted:
Amend the bill, as and if amended, Part II, Section 20, page(s) 591, by striking line(s) 19 and inserting the following:
Amend the bill further, as and if amended, Part II, Section 20, page 591, line 26, by inserting before
/full-time/ the following:
/first degree/.
Amend the bill further, as and if amended, Part II, Section 20, page 591, line 27, by striking /diploma/ and inserting in lieu thereof the following:
/or diploma of at least one year in length/.
Amend the bill further, as and if amended, Part II, Section 20, page 591, line 36, by inserting after
/shall/ the following:
/be responsible for making guidelines available for FY 96-97 and shall/.
Amend the bill further, as and if amended, Part II, Section 20, page 591, line 37, by inserting after /Act/ and before /./ the following:
/for years after 1996-97/.
Amend the bill further, as and if amended, Part II, Section 20, page 592, line 33, by inserting after
/full-time/ the following:
/(FTE)/.
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator WILSON proposed the following Amendment No. 118 (JIC\5932HTC.96), which was tabled:
Amend the bill, as and if amended, Part II, Section 33B, page 613, in Section 12-37-251(A), line 21, by striking /thousand/ and inserting /twenty-five thousand/.
Amend sections, totals and title to conform.
Senator WILSON explained the amendment.
Senator ELLIOTT moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryan Cork Courtney Drummond Elliott Ford Glover Holland Jackson Land Lander Leventis Martin Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Rankin Reese Saleeby Short Smith, G. Smith, J.V. Waldrep Washington
Boan Courson Fair Giese Gregory Hayes Mescher Peeler Richter Rose Russell Ryberg Setzler Thomas Wilson
The amendment was laid on the table.
We voted to table Amendment No. 118 because we have already voted in H. 3901 to completely do away with the residential property tax. This amendment leaves the same tax relief formula in place and it means more money for Lexington County while leaving Charleston as simply a greater donor county. This is no tax relief for our constituents.
At 4:45 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 5:15 P.M.
At 5:16 P.M., the Senate resumed.
Senator HAYES proposed the following Amendment No. 127 (PFM\9345AC.96), which was adopted:
Amend the bill, as and if amended, Part II, Section 35, by inserting appropriately lettered subsections to read:
/__. Title 2, as amended, of the 1976 Code is further amended by adding:
Section 2-66-10. (A) There is created the South Carolina Folk Heritage Award which may be presented to no more than four recipients each year by the General Assembly. At the discretion of the awards advisory committee, an additional South Carolina Folk Heritage Award may be presented to no more than one folk arts advocate each year by the General Assembly.
(B) The purpose of the award is to recognize lifetime achievement in this State for traditional folk art. The award recognizes individuals or groups who have used their lives to create beauty and meaning for their communities and the State as a whole in ways that are significant because they have lasted, often for hundreds of years. Winners of the award represent those who have demonstrated excellence in folk art, and have maintained and enriched the lives of all persons of their communities and of the State through their unique talents.
(C) Criteria for the award are as follows:
(1) emphasis on authenticity of tradition, giving the highest priority to those crafts with a long history of practice in this State;
(2) the significance of the individual folk artist or folk art group in maintaining or stimulating the craft to higher levels of artistic achievement; or, the significance of the folk arts advocate in supporting authentic South Carolina traditional craft or interpreting it to a wider audience;
(3) the award must be given to folk artists living and practicing in this State.
(D) There is established an awards advisory committee to the South Carolina Arts Commission whose purpose is to choose award recipients. This advisory committee must be composed of six members who shall serve two-year terms. The members of the advisory committee shall receive no mileage, per diem, or subsistence unless provided for by private funds. The advisory committee is comprised of:
(1) one member of the South Carolina Arts Commission, or a designee;
(2) the Folk Arts Coordinator at McKissick Museum;
(3) two citizens, one of whom represents the Afro-American community, to be appointed by the Speaker of the House of Representatives;
(4) two citizens, one of whom represents the American Indian community, to be appointed by the President of the Senate.
(E) No state funds may be used for this award. Private funds must be raised to cover any expenses incurred or associated with presenting the award and these funds must be remitted to and managed and disbursed by the South Carolina Arts Commission.
__. Members of the awards advisory committee for choosing the South Carolina Heritage Award recipients, except for the member of the Joint Legislative Committee on Cultural Affairs, serving immediately before this section's effective date pursuant to Section 2-68-10 of the 1976 Code, shall serve until their terms under Section 2-68-10 expire and shall complete their service pursuant to Chapter 66, Title 2 of the 1976 Code as added by this section."/
Amend sections, totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 141 (JIC\5972CM.96), which was adopted:
Amend the bill, as and if amended, Part II, SECTION 56, page 631, line 8, as contained in Section 12-31-2870, by adding after the period: /The payment-in-lieu of taxes received by the county pursuant to this section must be distributed among all the governmental entities levying a property tax within the county in the same manner and proportion that the millage levy for school, county, municipal, and other purposes would be distributed in a fee-in-lieu of property tax agreement for an industrial project./
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 McCONNELL raised a Point of Order that Section 65 of Part II, was out of order inasmuch as it was not germane.
The PRESIDENT sustained the Point of Order.
On motion of Senator FAIR, with unanimous consent, Amendment No. 42 (PFM\9325AC.96) proposed by Senators FAIR and HOLLAND on April 30, 1996, was taken up for immediate consideration and withdrawn:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AUTHORIZE A REFERENDUM AT THE 1996 GENERAL ELECTION IN COUNTIES IN WHICH CASH PAYOFFS ON COIN-OPERATED DEVICES ARE PERMITTED TO DETERMINE WHETHER THE CASH PAYOFFS SHOULD CONTINUE.
A. Notwithstanding Section 19H, Part II, of Act 164 of 1993, a county in which, on this section's effective date, cash payoffs relating to coin-operated devices are authorized by Section 16-19-60, may hold a referendum at the 1996 general election to determine whether these cash payoffs should continue to be authorized.
B. The referendum must be held:
(1) upon the passage of an ordinance of the governing body of a county providing for a referendum if the ordinance is passed at least ninety days before a general election; or
(2) if a petition requesting the referendum to be held is filed with the county election commission more than ninety days before the general election containing the signatures of at least ten percent, but not more than two thousand five hundred, of the qualified electors of the county as of the time of the preceding general election.
C. The question put before the voters shall read:
"Shall cash payoffs for credits earned on coin-operated video game machines remain legal and subject to licensure and regulation by the State of South Carolina?"
D. If the result of the referendum provided for in this section is not in favor of a continuation of cash payoffs for credits earned on coin-operated devices within the county, Section 16-19-60 does not apply within the county after July 1, 1997.
E. The state election laws apply to the referendum provided in this section, mutatis mutandis.
F. If a majority of the qualified electors within a county vote to terminate cash payoffs for credits earned on coin-operated devices, the Department of Revenue and Taxation shall refund to any person holding a license for the operation of coin-operated devices, on a pro rata basis, the portion of any license fees previously paid the commission for licenses which extend beyond July 1, 1997./
Amend sections, totals and title to conform.
On motion of Senator THOMAS, with unanimous consent, Amendment No. 66 (PFM\9325AC.96) proposed by Senator THOMAS and previously printed in the Journal of April 30, 1996, was taken up for immediate consideration and withdrawn.
Senator MOORE proposed the following Amendment No. 129 (4600.50), which was tabled:
Amend the bill, as and if amended, Part II, on page 662, after line 34, by adding a new section to read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-26 SO AS TO PROVIDE THAT CHILDREN WHO WILL ATTAIN THE AGE OF SIX AFTER SEPTEMBER FIRST BUT ON OR BEFORE NOVEMBER FIRST MAY ATTEND THE FIRST GRADE UNDER CRITERIA DEVELOPED BY THE STATE BOARD OF EDUCATION.
A. The 1976 Code is amended by adding:
"Section 59-63-26. Notwithstanding the provisions of Sections 59-63-20, 59-65-10, and other applicable provisions of law, the State Board of Education shall develop criteria to allow attendance in the first grade of this State for children who are ready to undertake formal schooling who attain the age of six after September first but on or before November first. The criteria shall include guidelines for notification of parents. Local boards of trustees shall develop procedures based on state board criteria to identify children ready to undertake formal schooling and shall determine admittance on an individual basis when a request from a child's parent or guardian is received before August first of the applicable school year. School districts are entitled to receive state aid for those students who meet the requirements established pursuant to this section and who attend public school."
B. This section takes effect upon approval by the Governor./
Amend sections, totals and title to conform.
Senator MOORE explained the amendment.
Senator SETZLER spoke on the amendment.
Senator LEVENTIS spoke on the amendment.
Senator BRYAN argued contra.
Senator MOORE moved that the amendment be adopted.
Senator DRUMMOND moved to lay the amendment on the table.
Senator BRYAN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator BRYAN spoke on the Point of Order.
Senator THOMAS spoke on the Point of Order.
The amendment was laid on the table.
Senator ELLIOTT proposed the following Amendment No. 157 (4600R407.DE), which was ruled out of order:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered new SECTION to read:
TO AMEND ARTICLE 25, CHAPTER 6, TITLE 12 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX CREDITS, BY ADDING SECTION 12-6-3335, SO AS TO PROVIDE THAT A TAXPAYER MAY CLAIM AS A CREDIT ALL TOLLS PAID PURSUANT TO SECTION 57-3-617 DURING A TAXABLE YEAR, TO PROVIDE THAT THE CREDIT PROVIDED UNDER THIS SECTION IS REFUNDABLE, AND TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL DEVELOP A METHOD OF DETERMINING THE AMOUNT OF TOLLS PAID BY EACH TAXPAYER DURING THE TAXABLE YEAR; AND TO AMEND CHAPTER 3, TITLE 57 OF THE 1976 CODE, RELATING TO DUTIES OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, BY ADDING SECTION 57-3-617 SO AS TO PROVIDE THAT THE TRANSPORTATION COMMISSION MAY IMPOSE TOLL CHARGES ON THOSE PORTIONS OF INTERSTATE HIGHWAYS WHICH ARE LOCATED IN SOUTH CAROLINA; DETERMINE THE LOCATION OF TOLL FACILITIES AND AMOUNT OF TOLLS; AND TO PROVIDE THAT PROCEEDS GENERATED BY THESE TOLLS BE DEPOSITED IN A SEPARATE ACCOUNT DESIGNATED AS THE "NEW HIGHWAY CONSTRUCTION TRUST FUND."
A. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3335. A taxpayer may claim as a credit all tolls paid pursuant to Section 57-3-617 during a taxable year. The credit provided under this section is refundable. The Department of Transportation shall develop a method of determining the amount of tolls paid by each taxpayer during the taxable year.
B. Chapter 3, Title 57 of the 1976 Code is amended by adding:
"Section 57-3-617. Notwithstanding any other provision of law, the Transportation Commission may impose toll charges on those portions of interstate highways which are located in South Carolina. The location and general operation of toll facilities and the amount of tolls charged must be determined by the Commission. Proceeds generated from these tolls must be deposited in a separate account designated as the "New Highway Construction Trust Fund."
C. This section takes effect upon approval by the Governor and applies to taxable years beginning after 1996./.
Amend sections, totals and title to conform.
Senator ELLIOTT explained the amendment.
Senator ELLIOTT moved that the amendment be adopted.
Senator WILSON raised a Point of Order that the amendment was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase... new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act."
Senator ELLIOTT spoke on the Point of Order.
Senator WILSON spoke on the Point of Order.
Senator LAND spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senators GREGORY, RYBERG, WILSON, RICHTER, RUSSELL, PEELER, COURSON, CORK, WALDREP, MARTIN, O'DELL, MESCHER, ELLIOTT, BOAN, THOMAS, ROSE and SETZLER proposed the following amendment (4600R546.CKG), which was tabled:
Amend the bill, as and if amended, Part II, page(s) 662, after line 34, by adding an appropriately numbered new section to read:
TO AMEND SECTION 2-1-180, OF THE 1976 CODE, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE FIRST THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING.
A. Section 2-1-180 of the 1976 Code is amended to read:
"Section 2-1-180. The regular annual session of the General Assembly shall adjourn sine die each year not later than 5:00 p.m. on the first Thursday in June May. In any year that the House of Representatives fails to give third reading to the annual General Appropriations Bill by March thirty-first fifteenth, the date of sine die adjournment is extended by one statewide day for each statewide day after March thirty-first fifteenth that the House of Representatives fails to give the bill third reading. The session may also be extended by concurrent resolution adopted by a two-thirds vote of both the Senate and House of Representatives. During the time between 5:00 p.m. on the first second Thursday in June May and the extended sine die adjournment date, as set forth herein, no legislation or other business may be considered except the General Appropriations Bill and any matters approved for consideration by a concurrent resolution adopted by two-thirds vote in both houses."
B. Members in attendance at any meeting of a committee or subcommittee of any standing committee of the House or Senate are prohibited from receiving per diem during the annual regular session of the General Assembly but are authorized to receive subsistence at the rate established in the annual General Appropriation Act. The subsistence payments authorized in the annual General Appropriation Act are to be paid from funds appropriated in the annual General Appropriation Act when approved under the requirements set forth therein./
Amend sections, totals and title to conform.
Senator GREGORY argued in favor of the adoption of the amendment and Senator McCONNELL argued contra.
Senator McCONNELL moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Drummond Ford Giese Glover Holland Land Lander Leventis Martin Matthews McConnell McGill Moore Passailaigue Patterson Reese Rose Short Smith, G. Smith, J.V. Washington
Alexander Boan Cork Courson Courtney Fair Gregory Hayes Leatherman Mescher Peeler Rankin Richter Russell Ryberg Setzler Waldrep Wilson
Thomas (Present) Nay
Saleeby (Absent) Aye
The amendment was laid on the table.
Although I was a co-sponsor of Senator GREGORY's amendment, Senator McCONNELL convinced me that the proper course of action was to take up S. 1321, a constitutional amendment that would accomplish the same obligation. I was and remain convinced that the amendment to the budget would only hinder and delay our consideration of the budget tonight and tomorrow.
S. 1322 -- Judiciary Committee: A JOINT RESOLUTION TO AMEND ARTICLE III, SECTION 9 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT AFTER THE GENERAL ASSEMBLY CONVENES ON THE SECOND TUESDAY IN JANUARY OF EACH YEAR, THE SENATE AND THE HOUSE OF REPRESENTATIVES MAY RECEDE FOR A TIME PERIOD TO BE DETERMINED BY EACH BODY, AND TO PROVIDE THAT EACH BODY MAY BY APPROPRIATE RULE PROVIDE FOR MEETINGS DURING THE LEGISLATIVE SESSION AS IT SHALL CONSIDER EXPEDIENT; AND TO AMEND ARTICLE III BY DELETING SECTION 21, WHICH PROVIDES THAT NEITHER HOUSE, DURING THE SESSION OF THE GENERAL ASSEMBLY, SHALL WITHOUT THE CONSENT OF THE OTHER ADJOURN FOR MORE THAN THREE DAYS, NOR TO ANY OTHER PLACE THAN THAT IN WHICH IT SHALL BE AT THE TIME SITTING.
Senator McCONNELL asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
On motion of Senator McCONNELL, with unanimous consent, the Resolution was given second reading, with notice of general amendments.
S. 1322 -- Judiciary Committee: A JOINT RESOLUTION TO AMEND ARTICLE III, SECTION 9 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT AFTER THE GENERAL ASSEMBLY CONVENES ON THE SECOND TUESDAY IN JANUARY OF EACH YEAR, THE SENATE AND THE HOUSE OF REPRESENTATIVES MAY RECEDE FOR A TIME PERIOD TO BE DETERMINED BY EACH BODY, AND TO PROVIDE THAT EACH BODY MAY BY APPROPRIATE RULE PROVIDE FOR MEETINGS DURING THE LEGISLATIVE SESSION AS IT SHALL CONSIDER EXPEDIENT; AND TO AMEND ARTICLE III BY DELETING SECTION 21, WHICH PROVIDES THAT NEITHER HOUSE, DURING THE SESSION OF THE GENERAL ASSEMBLY, SHALL WITHOUT THE CONSENT OF THE OTHER ADJOURN FOR MORE THAN THREE DAYS, NOR TO ANY OTHER PLACE THAN THAT IN WHICH IT SHALL BE AT THE TIME SITTING.
Senator RYBERG asked unanimous consent to give the Resolution a third reading tomorrow, Thursday, May 2, 1996.
Senator REESE objected.
Senator McCONNELL asked unanimous consent to set the Resolution for Special Order in the Chairmen's slot.
Senator COURSON objected.
THE SENATE RESUMED CONSIDERATION OF H. 4600, THE GENERAL APPROPRIATION BILL.
Senator LAND proposed the following Amendment No. 162 (JIC\5977DW.96), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 23-6-35 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY USE REVENUES GENERATED FROM FEES AUTHORIZED FOR THE RELEASE AND USE OF CERTAIN PERSONAL INFORMATION RELATING TO MOTOR VEHICLE RECORDS TO FUND A NEW CLASS OF TROOPERS.
A. Article 1, Chapter 6, Title 23 of the 1976 Code is amended by adding:
"Section 23-6-35. From the revenue generated from the fees authorized for the release and use of certain personal information relating to motor vehicle records, the Department of Public Safety must set aside $1,100,000 for fiscal year 1996-97 in a special account to fund a new class of troopers."
B. This section takes effect July 1, 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.
Senators PEELER, MESCHER, REESE, BRYAN, FAIR, ROSE, COURTNEY, RICHTER, GREGORY, GREG SMITH, THOMAS and MATTHEWS desired to be recorded as voting against the adoption of the amendment.
Having voted on the prevailing side, Senator CORK moved to reconsider the vote whereby Amendment No. 162 (JIC\5977DW.96) proposed by Senator LAND was adopted.
The motion to reconsider the vote failed.
Senators COURTNEY, LAND and HAYES proposed the following Amendment No. 163B (4600R242.CTC), which was adopted:
Amend the bill, as and if amended, Part II, beginning on page 599, by striking SECTION 25 in its entirety and inserting in lieu thereof the following:
TO AMEND SECTION 14-1-200 OF THE 1976 CODE, RELATING TO THE SALARIES OF SUPREME COURT JUSTICES, JUDGES OF THE COURT OF APPEALS, CIRCUIT COURT, AND FAMILY COURT, AND CIRCUIT SOLICITORS, SO AS TO REVISE OR FURTHER PROVIDE FOR THE SALARIES OF SUCH JUSTICES AND JUDGES, AND TO DELETE REFERENCES TO SOLICITORS IN THE SECTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 1-7-1000 SO AS TO PROVIDE THAT CIRCUIT SOLICITORS SHALL RECEIVE A SALARY AS PROVIDED BY THE GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
A. Section 14-1-200 of the 1976 Code is amended to read:
"Section 14-1-200. The General Assembly shall establish the salary of the Chief Justice and Associate Justices of the Supreme Court in the annual general appropriation act with the salary of the Chief Justice to be one hundred five percent of the salary fixed for Associate Justices of the Supreme Court and shall fix the salaries for the court of appeals, circuit court, and family court, and circuit solicitors according to the following schedule:
(1) The chief judge of the court of appeals shall receive a salary in an amount not equal to exceed ninety-nine percent of the salary fixed for Associate Justices of the Supreme Court;
(2) Judges of the court of appeals shall receive a salary in an amount equal to ninety-seven and one-half percent of the salary fixed for Associate Justices of the Supreme Court, and circuit court judges shall receive a salary in an amount not equal to exceed ninety-five percent of the salary fixed for Associate Justices of the Supreme Court;
(3) Judges of the family court and circuit solicitors shall receive a salary in an amount not equal to exceed ninety ninety-two and one-half percent of the salary fixed for judges of the court of appeals and circuit court Associate Justices of the Supreme Court."
B. One-half of the increase in the salaries of justices and judges provided for in the amendment to Section 14-1-200 of the 1976 Code in subsection A of this section takes effect on July 1, 1997, and one-half of such increase takes effect on July 1, 1998.
C. The 1976 Code is amended by adding:
"Section 1-7-1000. Circuit solicitors shall receive a salary as provided by the General Assembly in the annual general appropriations act."
D. An amount not to exceed one hundred dollars may be appropriated by the General Assembly to implement the provisions of this section.
E. Except as otherwise stated, this section takes effect July 1, 1996. /
Amend sections, totals and title to conform.
Senator COURTNEY explained the amendment.
Senator COURTNEY moved that the amendment be adopted.
The amendment was adopted.
At 7:05 P.M., Senator SHORT requested a leave of absence for the balance of the week.
On motion of Senator DRUMMOND, debate was interrupted by adjournment.
A review of Amendment No. 79 adopted on April 30, 1996, revealed that it contained a scrivener's error. The reference in Item E to "July 1, 1996" has been changed to read "July 1, 1997." In subitem F, the following phrase has been deleted: ", except as provided in subsection E".
Having received a favorable report from the Georgetown County Delegation, the following appointment was confirmed in open session:
Reappointment, Georgetown County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable William Barry McCall, Post Office Box 1830, Pawleys Island, S.C. 29585
Having received a favorable report from the Charleston County Delegation, the following appointment was confirmed in open session:
Reappointment, Charleston County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable David W. Coker, 4050 Bridgeview Drive, Suite 200, North Charleston, S.C. 29405
Having received a favorable report from the Kershaw County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Kershaw County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Ms. Delores D. Leonard, Post Office Box 184, Camden, S.C. 29020 VICE Roosevelt Osborne (resigned)
On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Moubray Beaty of Rock Hill, S.C.
Senator DRUMMOND moved that, when the Senate adjourns, it stand adjourned to meet tomorrow at 10:30 A.M., which motion was adopted.
At 7:08 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 10:30 A.M.
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