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| H. 4425 -- Ways and Means Committee: A JOINT RESOLUTION MAKING APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
H. 4478 -- Reps. Boan, Baxley, Fleming, Askins, Kennedy, J. Hines, Martin, Cooper, Law, Robinson, Limbaugh, Rhoad, Cato, Witherspoon, Jennings, Wilkins and T. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-785, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO ALTER THE RETURN AND PAYMENT SCHEDULE FOR THE TOBACCO PRODUCTS TAX; TO AMEND SECTION 12-21-620, RELATING TO THE SPECIFIC TAX RATES ON VARIOUS TOBACCO PRODUCTS, SO AS TO DELETE THE SEPARATE DEFINITION OF TOBACCO PRODUCTS AND IMPOSE A TAX EQUAL TO FIVE PERCENT OF THE MANUFACTURER'S PRICE ON ALL TOBACCO PRODUCTS EXCEPT CIGARETTES; TO AMEND SECTION 12-21-735, RELATING TO THE PAYMENT METHOD OF THE CIGARETTE TAX, SO AS TO AUTHORIZE A THREE AND ONE-HALF PERCENT DISCOUNT ON THE TAX FOR TIMELY FILED RETURNS AND PAYMENTS; TO AMEND SECTION 12-21-780, AS AMENDED, RELATING TO RETURNS AND PAYMENTS OF THE TOBACCO PRODUCTS TAX, SO AS TO INCREASE THE DISCOUNT FOR TIMELY FILED RETURNS AND PAYMENTS FOR THE TOBACCO PRODUCTS TAX FROM TWO TO THREE AND ONE-HALF PERCENT; AND TO AMEND SECTION 12-21-800, RELATING TO THE DEFINITION OF TOBACCO PRODUCTS, SO AS TO CONFORM IT TO THE PROVISIONS OF THIS ACT.
Ordered for consideration tomorrow.
S. 1155 -- Senator Drummond: A CONCURRENT RESOLUTION CONGRATULATING MS. KELLY MCCALLA OF GREENWOOD
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 1154 -- Senators Washington, Passailaigue, Ford, Greg Smith, Richter and McConnell: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REVISE THESE PRECINCTS AND THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
(By prior motion of Senator PASSAILAIGUE)
The following Bills having been read the second time were ordered placed on the third reading Calendar:
H. 4506 -- Rep. Delleney: A BILL TO AMEND SECTION 7-7-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND PLACES IN CHESTER COUNTY SO AS TO DELETE ALL REFERENCES TO SPECIFIC POLLING PLACES AND AUTHORIZE THE CHESTER COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE CHESTER COUNTY LEGISLATIVE DELEGATION TO DETERMINE THE POLLING PLACES.
On motion of Senator SHORT, H. 4506 was ordered to receive a third reading on Thursday, February 22, 1996.
H. 4535 -- Reps. Kinon, Jennings and M. Hines: A BILL TO AMEND ACT 591 OF 1992, RELATING TO THE AUTHORIZATION FOR THE DILLON COUNTY BOARD OF EDUCATION TO BORROW A
On motion of Senator ELLIOTT, H. 4535 was ordered to receive a third reading on Thursday, February 22, 1996.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 4351 -- Reps. Walker, Byrd, D. Smith, Allison, Baxley, J. Brown, Cain, Chamblee, Cobb-Hunter, Cooper, Cromer, Davenport, Gamble, Harrell, J. Harris, Harvin, Haskins, Herdklotz, Huff, Jaskwhich, Kelley, Kinon, Lanford, Littlejohn, McMahand, Meacham, Phillips, Robinson, R. Smith, Stille, Townsend, Vaughn, Wells, Wilder, Wilkes, Wilkins, Wright, J. Young, Inabinett, Keyserling, Hutson, Bailey, Witherspoon, Riser, Law, Simrill, Seithel, Cave, Richardson and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE GIFT OF LIFE ORGAN AND TISSUE PROCUREMENT ACT OF 1996 BY ADDING SECTION 12-6-5065 SO AS TO PROVIDE FOR A DESIGNATION ON STATE INCOME TAX FORMS ENABLING A TAXPAYER TO MAKE A CONTRIBUTION TO THE GIFT OF LIFE TRUST FUND; BY ADDING ARTICLE 13 TO TITLE 44, CHAPTER 43 SO AS TO ESTABLISH THE GIFT OF LIFE TRUST FUND, TO PROVIDE FOR ITS BOARD OF DIRECTORS, DUTIES, AND FOR EXPENDITURE OF FUNDS; AND BY ADDING SECTION 56-1-143 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE AND TAXATION SHALL OFFER PERSONS OBTAINING OR RENEWING A DRIVER'S LICENSE THE OPPORTUNITY TO VOLUNTARILY CONTRIBUTE ONE DOLLAR TO THE GIFT OF LIFE TRUST FUND AND THESE FUNDS MUST BE CREDITED TO AN ACCOUNT IN THE STATE TREASURER'S OFFICE FOR USE BY THE TRUST FUND.
There was no objection.
On motion of Senator LANDER, with unanimous consent, the Bill was ordered placed on the Calendar.
S. 963 -- Senators Passailaigue, McGill, O'Dell, Richter, Short, Rose and McConnell: A BILL TO AMEND SECTION 59-122-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE CITADEL TO ISSUE REVENUE BONDS FOR STUDENT HOUSING, FACULTY HOUSING, AND AUXILIARY FACILITIES, SO AS TO INCREASE THE MAXIMUM PRINCIPAL AMOUNT OF THESE REVENUE BONDS AUTHORIZED TO BE OUTSTANDING AT ANY TIME FROM TWENTY-FIVE MILLION DOLLARS TO THIRTY-FIVE MILLION DOLLARS.
Senator DRUMMOND asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
On motion of Senator DRUMMOND, with unanimous consent, the Bill was ordered placed on the Calendar.
On motion of Senator SETZLER, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATES.
H. 4138 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-145 SO AS TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT WHEN A FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.
On motion of Senator BRYAN, the Bill was carried over.
S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN CONNECTION THEREWITH.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator PASSAILAIGUE spoke on the Bill.
Senator SETZLER spoke on the Bill.
Senator PASSAILAIGUE proposed the following Amendment No. 2 (1117R002.ELP), which was tabled:
Amend the bill, as and if amended, page 2, lines 9 through 12, by striking the words / However, after all construction and renovation needs identified in a district's school facilities improvement plan have been met, the district may request to use its allocation for payment of debt service. /
Amend title to conform.
Senator BRYAN argued contra to the adoption of the amendment.
Senator PASSAILAIGUE explained the amendment.
Senator J. VERNE SMITH argued contra to the adoption of the amendment.
Senator J. VERNE SMITH moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Courson Courtney Drummond Elliott Fair Giese Glover Hayes Holland Jackson Land Lander Leatherman Martin Matthews McGill Mescher Peeler Rankin Reese Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Thomas Waldrep Washington Wilson
Cork Ford Gregory McConnell O'Dell Passailaigue Rose
The amendment was laid on the table.
Senator PASSAILAIGUE proposed the following Amendment No. 3 (1117R003.ELP), which was adopted:
Amend the bill, as and if amended, page 4, lines 23 through 43, by striking Section 59-144-110 in its entirety.
Amend the bill further, as and if amended, page 6, line 29, by striking /and the advisory committee/.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator SETZLER spoke on the amendment.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 4 (1117R004.ELP), which was adopted:
Amend the bill, as and if amended, page 7, by striking lines 11 through 18, Section 59-144-160 in its entirety.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
The amendment was adopted.
Senator McCONNELL proposed the following Amendment No. 5 (S-EDUC\1117.1), which was adopted:
Amend the bill, as and if amended, by inserting on page 2, line 34 after /with their facilities needs, the authority/ the following:
/, after receiving the approval of the Joint Bond Review Committee,/.
Amend the bill further, as and if amended, by inserting on page 2, line 41 after /Assistance Endowment Fund. However, the authority/ the following:
/, after consultation with the Joint Bond Review Committee,/.
Amend title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator McCONNELL proposed the following Amendment No. 6 (S-EDUC\1117.2), which was adopted:
Amend the bill, as and if amended, on page 7, line 6 by striking:
/conditions and qualifications provided for in this chapter/ and inserting:
/provisions of this chapter and any regulations promulgated hereunder/.
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator McCONNELL moved that the amendment be adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 7A (1117R005.ELP), which was adopted:
Amend the bill, as and if amended, on page 2, line 21, by adding:
/As used in this chapter, fixed equipment means a fixture as defined in Section 36-9-313(1)(a)./.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
The amendment was adopted.
Senator BRYAN proposed the following Amendment No. 8 (1117R008.JEB), which was adopted:
Amend the bill, as and if amended, page 11, line 21, by striking / thirty / and inserting:
/ seven /.
Amend title to conform.
Senator BRYAN explained the amendment.
The amendment was adopted.
There being no further amendments, the question then was the second reading of the Bill, with notice of general amendments on third reading.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryan Courson Courtney Drummond Elliott Ford Giese Glover Hayes Holland Jackson Land Lander Leatherman Martin Matthews McGill Mescher Moore* Patterson* Rankin Reese Saleeby
Setzler Short Smith, G. Waldrep Washington Wilson
Boan Cork Fair Gregory McConnell O'Dell Passailaigue Peeler Richter Rose Russell Ryberg Smith, J.V. Thomas
*These Senators were 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 Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
We voted "no" on the second reading of S. 1117 because it establishes a mechanism for the partial funding of over $2 billion in projected needs for school facilities which is fundamentally contrary to sound fiscal policy and longstanding principle applied to the funding of capital projects. To fund 25% of the state's capital needs for school facilities with a fee based revenue source which is not stable and which will exist for no more than seven (7) years, is not prudent from a fiscal management or a state policy standpoint.
On motion of Senator SETZLER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Lowell Spires, Sr. of Cayce, S.C.
At 12:45 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
Senator McCONNELL desired to be recorded as voting against the motion to adjourn.
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