Indicates Matter Stricken
Indicates New Matter
The House assembled at 9:30 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Enable us, Lord, to never take our eyes off Your greatness or to let our paths detour from Your way knowing that when we so do our aims are diminished, our horizons narrowed and our goals minimized. Forbid that we should be cowardly when we should be courageous, confused when we ought to be calm, fickle when we should be faithful. Keep us strong in the Lord and in the power of His might for You are God forever Who will guide our ways. Help us to live in calmness and confidence, in patience and in perseverance, always aware of Your presence which never fails, forgets or forsakes.
Keep clear to us the words of the Psalmist: "The Lord is the Strength of my life." (Psalm 27:1) Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. STODDARD moved that when the House adjourns, it adjourn in memory of Brucie Owings Blakely of Laurens, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3593 (Word version) -- Rep. Limbaugh: A BILL TO AMEND SECTIONS 16-3-1110 AND 16-3-1210, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE THAT THE DEFINITION OF CRIME INCLUDES TERRORISM AS DEFINED BY FEDERAL LAW AND TO PROVIDE THAT CERTAIN VICTIMS OF TERRORISM OUTSIDE THE UNITED STATES MAY FILE FOR BENEFITS WITH THE VICTIM'S COMPENSATION FUND.
Referred to Committee on Judiciary.
H. 3594 (Word version) -- Reps. Chellis, Altman, Bailey, Barfield Barrett, Battle, Bauer, Baxley, Boan, Bowers, H. Brown, J. Brown, T. Brown, Campsen, Cato, Cave, Cobb-Hunter, Cooper, Dantzler, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Haskins, Hawkins, Hinson, Howard, Inabinett, Jordan, Kennedy, Kinon, Kirsh, Klauber, Law, Leach, Lee, Limbaugh, Limehouse, Lloyd, Loftis, Maddox, Martin, Mason, McCraw, Meacham, Miller, Moody-Lawrence, Mullen, Neilson, Pinckney, Quinn, Rice, Riser, Robinson, Rodgers, Sandifer, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Trotter, Walker, Webb, Whatley, Whipper, Wilder, Woodrum, Young and Young-Brickell: A BILL TO AMEND SECTION 59-20-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPENDING PRIORITIES, AUDITS, EVALUATIONS, AND REPORTS UNDER THE EDUCATION FINANCE ACT, SO AS TO PROVIDE THAT THE ANNUAL SCHOOL DISTRICT PROGRAMMATIC REPORTS TO THE PARENTS AND CONSTITUENTS OF THE DISTRICT MUST BE PROVIDED ON DECEMBER FIRST OF EACH YEAR RATHER THAN NOVEMBER FIFTEENTH.
Referred to Committee on Education and Public Works.
H. 3595 (Word version) -- Reps. Stuart, Gamble, Knotts, Koon, Riser and Spearman: A BILL TO AMEND SECTION 6-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR JOINT MUNICIPAL WATER SYSTEMS, SO AS TO REVISE THE MEANING OF THE TERMS "REVENUE BONDS" AND "BONDS"; TO AMEND SECTION 6-25-100, AS AMENDED, RELATING TO POWERS OF JOINT MUNICIPAL WATER SYSTEMS, SO AS TO ALLOW LOANS, BONDS, OR NOTES ISSUED TO A JOINT SYSTEM TO BE PAID FROM OTHER FUNDS AS MAY BE AVAILABLE AND TO ALLOW MEMBERS OF A JOINT SYSTEM TO CREATE, AS THEY CONSIDER NECESSARY, ADDITIONAL PROCEDURES WHICH GOVERN THE ISSUANCE OF ANY NOTES OR BONDS; TO AMEND SECTION 6-25-110, RELATING TO AUTHORIZATION OF A JOINT SYSTEM TO INCUR DEBT AND ISSUE BONDS, SO AS TO ALLOW A JOINT SYSTEM TO USE OTHER SOURCES OF FUNDS AVAILABLE TO IT TO PAY FOR ISSUED BONDS; TO AMEND SECTION 6-25-113, RELATING TO SOURCES FROM WHICH JOINT SYSTEM BONDS ARE PAYABLE, SO AS TO ALLOW A MEMBER COUNTY OR MUNICIPALITY TO PROVIDE A PLEDGE OF ALL OR PART OF ANY REVENUES DERIVED AS PAYMENTS IN LIEU OF TAXES WITH RESPECT TO A PROJECT; TO AMEND SECTION 6-25-120, RELATING TO PAYMENT OF NOTES, OBLIGATIONS, OR BONDS, SO AS TO REQUIRE ONLY REVENUES AND OTHER FUNDS AVAILABLE TO THE JOINT SYSTEM TO BE USED TO PAY OR PLEDGED TO THE AMOUNT OF ANY NOTES, OBLIGATIONS, OR BONDS; AND TO AMEND SECTION 6-25-128, RELATING TO CONTRACTS BETWEEN MUNICIPALITIES AND JOINT SYSTEMS, SO AS TO ALLOW A MUNICIPALITY UNDER CONTRACT FOR THE PURCHASE OF CAPACITY AND OUTPUT FROM A JOINT SYSTEM TO PAY FROM REVENUES DERIVED FROM THE OWNERSHIP AND OPERATION OF THE WATER SYSTEM AND FROM OTHER SOURCES OF FUNDS AS MAY BE AVAILABLE, INCLUDING ANY AMOUNTS RECEIVED AS PAYMENTS IN LIEU OF TAXES.
Referred to Committee on Ways and Means.
H. 3596 (Word version) -- Rep. McLeod: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE FROM NINETY TO ONE HUNDRED EIGHTY THE NUMBER OF DAYS OF A MEMBER'S UNUSED SICK LEAVE THAT ARE ADDED TO THE CREDITED SERVICE OF A MEMBER OTHERWISE ELIGIBLE TO RETIRE.
Referred to Committee on Ways and Means.
H. 3597 (Word version) -- Reps. Klauber and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTIONS, JAILS, PROBATIONS, PAROLES, AND PARDONS, BY ADDING SECTION 24-13-70 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS AND AN OPERATOR OF A DETENTION FACILITY SHALL REQUIRE INMATES TO WORK; AND TO AMEND SECTION 24-3-40, AS AMENDED, RELATING TO THE DISPOSITION OF WAGES OF PRISONERS ALLOWED TO WORK, SO AS TO REVISE THE WITHHOLDINGS THAT MAY BE MADE FROM AN INMATE'S WAGES; AND TO AMEND SECTION 24-13-80, AS AMENDED, RELATING TO COSTS AN INMATE MAY BE REQUIRED TO REPAY, SO AS TO REVISE THE REPAYMENT PROCEDURE.
Referred to Committee on Judiciary.
S. 402 (Word version) -- Senator Bryan: A BILL TO AMEND ACT 779 OF 1988, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL BOARD OF TRUSTEES, TO PROVIDE THAT IF THE NUMBER OF QUALIFIED CANDIDATES OFFERING FOR ELECTION IS EQUAL TO THE NUMBER OF EXISTING VACANCIES, THEN THE CANDIDATES MUST BE DEEMED ELECTED WITHOUT AN ELECTION BEING HELD.
Referred to Laurens Delegation.
The following was introduced:
H. 3598 (Word version) -- Reps. G. Brown, Canty, Neal, Woodrum and Young: A CONCURRENT RESOLUTION COMMENDING AND THANKING THE HONORABLE JOSEPH T. MCELVEEN, JR., OF SUMTER COUNTY, FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES, FOR HIS MANY YEARS OF DEVOTED PUBLIC SERVICE.
Whereas, the Honorable Joseph T. McElveen, Jr., represented with great distinction the citizens of District 68 in the House of Representatives from 1987 until 1996; and
Whereas, Joe McElveen has always been a devoted public servant; his intelligence, thoughtfulness, and hard work earned him the respect and admiration of all of his colleagues in the General Assembly; and
Whereas, Joe is a partner in the Sumter law firm of Bryan, Bahnmuller, Goldman, and McElveen and is known throughout the State as a dedicated and excellent lawyer; and
Whereas, Joe has always given freely of his time, talents, and energy to civic causes; he was selected as "Optimist of the Year" in 1978 and as Sumter's "Outstanding Young Man" in 1980; and
Whereas, in the House of Representatives he served as Majority Leader and served on the Judiciary Committee; he was Chairman of the Committee on Apprenticeships and Mentorships and Chairman of the South Carolina School-to-Work Advisory Committee; in 1993 he chaired the Welfare Reform Task Force, which developed many welfare reform measures that were enacted into law; he has been recognized by Common Cause for his work in the area of government and judicial reform; the South Carolina Vocational Directors selected him as "Legislator of the Year"; and he has been recognized by the South Carolina Department of Education for his leadership in education; and
Whereas, Joe McElveen has made countless contributions to good government and civic excellence throughout his professional career, and his efforts are greatly appreciated; and
Whereas, we want him to know that he is missed in the General Assembly and that we wish for him success and happiness in all of his endeavors. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, commend and thank the Honorable Joseph T. McElveen, Jr., of Sumter County, former member of the House of Representatives, for his many years of devoted public service.
Be it further resolved that a copy of this resolution be forwarded to the Honorable Joseph T. McElveen, Jr.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3599 (Word version) -- Reps. Edge, Allison, Altman, Bailey, Barfield, Barrett, Battle, Bauer, Beck, Boan, Bowers, Breeland, H. Brown, Byrd, Campsen, Canty, Cato, Cave, Chellis, Cobb-Hunter, Cooper, Cotty, Delleney, Easterday, Felder, Gourdine, Govan, Hamilton, Haskins, Hawkins, Hinson, Howard, Inabinett, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Martin, Mason, McCraw, McLeod, McMahand, McMaster, Miller, Moody-Lawrence, Parks, Phillips, Pinckney, Quinn, Riser, Robinson, Rodgers, Sandifer, Sheheen, Simrill, D. Smith, F. Smith, Stoddard, Townsend, Trotter, Vaughn, Walker, Webb, Whatley, Wilder, Wilkes, Wilkins and Woodrum: A CONCURRENT RESOLUTION CONGRATULATING HEAD COACH EDDIE FOGLER AND THE UNIVERSITY OF SOUTH CAROLINA MEN'S BASKETBALL TEAM ON WINNING THE 1997 SOUTHEASTERN CONFERENCE BASKETBALL CHAMPIONSHIP.
Whereas, the University of South Carolina men's basketball team, under the excellent direction of Head Coach Eddie Fogler, captured the 1997 regular season Southeastern Conference Basketball Championship on Sunday, March 2, 1997, at Rupp Arena on the campus of the University of Kentucky in Lexington, Kentucky; and
Whereas, the Gamecocks defeated the Kentucky Wildcats 72-66 to claim the crown outright, after securing at least a co-championship with a big win over the Vanderbilt University Commodores on Wednesday, February 26, 1997, in Columbia; and
Whereas, the Gamecocks finished the SEC regular season with an amazing 15-1 conference record, finishing 8-0 at home and 7-1 against SEC opponents on the road; and
Whereas, the State of South Carolina is jubilant over the Gamecocks' superb victory over Kentucky at Lexington; Gamecock interest is at a fever pitch once again after the glory days of Frank McGuire in the 1960's and 1970's; there seems to be no hurdle too high for the student-athletes on the USC basketball team; and the citizens of the Palmetto State are truly grateful for the honor that these outstanding and talented young men have brought to all South Carolinians through their accomplishments. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, congratulates Head Coach Eddie Fogler and the University of South Carolina men's basketball team on winning the 1997 Southeastern Conference Basketball Championship.
Be it further resolved that a copy of this resolution be forwarded to the men's basketball team at the University of South Carolina, in care of Head Coach Eddie Fogler.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Barfield Barrett Battle Bauer Baxley Bowers Breeland Brown, G. Brown, H. Brown, J. Campsen Carnell Cato Cave Chellis Cobb-Hunter Cooper Cotty Cromer Dantzler Delleney Edge Felder Fleming Gamble Gourdine Hamilton Harrell Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Howard Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Leach Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McCraw McKay McLeod McMahand McMaster Miller Moody-Lawrence Mullen Neilson Parks Pinckney Rhoad Rice Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, March 5.
James H. Harrison Joseph H. Neal Alfred B. Robinson, Jr. Michael E. Easterday James N. Law John W. Riser George H. Bailey Scott Beck Jackson S. Whipper Timothy C. Wilkes Steve P. Lanford Richard M. Quinn, Jr. Jerry N. Govan, Jr. Alma W. Byrd Olin R. Phillips Ralph W. Canty Becky Meacham William D. Boan Harry R. Askins Daniel L. Tripp William Clyburn G. Ralph Davenport, Jr. Theodore A. Brown
Rep. KIRSH signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, February 26.
Announcement was made that Dr. Steven R. Ross of Florence is the Doctor of the Day for the General Assembly.
Debate was resumed on the following Bill, the pending question being the consideration of Part II.
Rep. JORDAN proposed the following Amendment No. 185 (Doc Name P:\AMEND\DKA\4190MM.97), which was adopted.
Amend the bill, as and if amended, Part II, SECTION 6, page 545, line 5, by inserting before the /./ on line 5 / (to include keyboarding).
Renumber sections to conform.
Amend totals and title to conform.
Rep. JORDAN explained the amendment.
The amendment was then adopted.
Section 6 as amended was adopted.
Rep. STILLE proposed the following Amendment No. 191 (Doc Name P:\AMEND\JIC\5809HTC.97), which was tabled.
Amend the bill, as and if amended, Part II, Section 15D, page 548, by striking subsections (A) and (B) of Section 12-37-251, beginning on line 36, and inserting:
/(A) The State Property Tax Relief Fund shall be established at an amount equal to the revenue necessary to fund a property tax exemption of one hundred thousand dollars based on the fair market value of property classified pursuant to Section 12-43-220(c) calculated on the school operating millage imposed for tax year 1995, excluding taxes levied for bonded indebtedness and payments pursuant to lease purchase agreements for capital construction. The 1995 tax year school operating millage is the base year millage for purposes of calculating the amount necessary to fund the State Property Tax Relief Fund in accordance with this section. However, in years in which the values resulting from a county-wide reassessment and equalization program are implemented, the base year millage must be adjusted to an equivalent millage rate in the manner that the Department of Revenue and Taxation shall prescribe. Funds distributed to a taxing district as provided in Item (B) of this section must be used to provide a uniform property tax exemption for all property in the taxing district which is classified pursuant to Section 12-43-220(c), excluding taxes levied for bonded indebtedness and payments pursuant to lease purchase agreements for capital construction
The first one hundred thousand dollars of fair market value of property classified pursuant to Section 12-43-220(c) is exempt from base year millage. For purposes of this exemption, base year millage is the tax millage imposed in the school district for the 1995 property tax year, adjusted as provided in this subsection and subsection (B), for school operations, not including amounts levied for bonded indebtedness and for lease purchase payments for capital construction. In years in which the values resulting from a county-wide reassessment and equalization program are implemented, the base year millage must be adjusted to an equivalent millage rate in the manner that the Department of Revenue shall prescribe.
(B) School districts must be reimbursed, in the manner provided in Section 12-37-270, for the revenue lost as a result of the homestead exemption provided in this section except that ninety percent of the reimbursement must be paid in the last quarter of the calendar year.
There is annually appropriated to the State Property Tax Relief Trust Fund an amount equal to the total general fund revenues appropriated to the fund for fiscal year 1996-97. Reimbursements must be made on a county basis, with each county receiving the total amount received by all school districts in the county for fiscal year 1996-97. Distribution of the county allocation must be made to school districts within the county on a per pupil basis. If amounts received by a district are insufficient to reimburse it fully for the revenue loss, then the base year millage or adjusted base year millage for the tax year must be reduced by an amount sufficient to make up this shortfall. The reimbursement must be paid in the manner provided in Section 12-37-270, except that ninety percent of the reimbursement must be paid no later than december first./
Renumber sections to conform.
Amend totals and title to conform.
Rep. STILLE explained the amendment.
Rep. ROBINSON spoke against the amendment.
Rep. STILLE spoke in favor of the amendment.
Rep. ROBINSON moved to table the amendment.
Rep. STILLE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Bowers Brown, H. Campsen Cato Chellis Cotty Cromer Dantzler Delleney Easterday Edge Felder Fleming Gamble Gourdine Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Howard Jennings Keegan Kelley Kinon Kirsh Knotts Koon Law Leach Lee Limbaugh Limehouse Loftis Mason McCraw McLeod McMahand McMaster Miller Mullen Neilson Phillips Pinckney Rhoad Rice Riser Robinson Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Spearman Stoddard Stuart Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Carnell Cobb-Hunter Cooper Inabinett Jordan Kennedy Klauber Littlejohn Lloyd Mack Martin Moody-Lawrence Neal Parks Smith, F. Stille Townsend Wilder
So, the amendment was tabled.
Rep. McLEOD proposed the following Amendment No. 69 (Doc Name P:\AMEND\DKA\4186SD.97), which was tabled.
Amend the bill, as and if amended, Part II, SECTION 15D., Section 12-37-251(B), page 549, by striking subsection (B) which begins on line 7 and inserting:
/(B) School districts must be reimbursed, in the manner provided in Section 12-37-270, for the revenue lost as a result of the homestead exemption provided in this section except that ninety percent of the reimbursement must be paid in the last quarter of the calendar year on October first./
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLEOD explained the amendment.
Rep. H. BROWN spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. HAWKINS proposed the following Amendment No. 86 (Doc Name P:\AMEND\GJK\20259HTC.97), which was tabled.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, SECTION 15, by striking Section 12-37-955(B) as contained in subsection F., page 550, beginning on line 27, and inserting:
/(B) There is established in the State Treasury a fund separate and distinct from the general fund of the State and all other funds styled The Depreciation Property Tax Reimbursement Fund. Annually, the General Assembly shall appropriate to this fund an amount sufficient to reimburse all local taxing entities the amount of revenue not collected as a result of the additional depreciation more than eighty percent allowed for manufacturer's machinery and equipment pursuant to this section. No reimbursement is allowed for any depreciation allowed in connection with custom molds and dies used in the conduct of manufacturing electronic interconnection component assembly devices for computers and computer peripherals and equipment used in the manufacture of tires by manufacturers who employ more than five thousand employees in this State and have over one billion dollars in capital investment in this State Reimbursements must be paid from the fund in the manner provided in Section 12-37-270, mutatis mutandis./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HAWKINS explained the amendment.
Rep. ROBINSON moved to table the amendment, which was agreed to.
Rep. HODGES proposed the following Amendment No. 105, which was tabled.
Amend the bill, as and if amended, Part II, Section 15, by striking Section 15 in its entirety and inserting in lieu thereof the following:
TO AMEND THE 1976 CODE OF LAWS BY AMENDING SECTION 12-37-251, SO AS TO REVISE THE SCHEDULE FOR REIMBURSEMENT FOR THE RESIDENTIAL HOMESTEAD EXEMPTION; AND TO AMEND SECTION 12-37-935 OF THE 1976 CODE OF LAWS, SO AS TO EXTEND THE PHASE IN PERIOD FOR ADDITIONAL DEPRECIATION FROM THREE TO SIX YEARS.
A. Subsection (B) of Section 12-37-251 of the 1976 Code of Laws, as last amended by Act 458, is further amended to read:
"(B) School districts must be reimbursed, in the manner provided in Section 12-37-270, for the revenue lost as a result of the homestead exemption provided in this section except that ninety percent of the reimbursement must be paid in the last quarter of the calendar year on December first."
B. Section 12-37-935 of the 1976 Code, as added by Section 8A, Part II, Act 458 of 1996, is amended to read:
"Section 12-37-935. (A) Except as provided in Section 12-37-930 for custom molds and dies used in the conduct of manufacturing electronic interconnection component assembly devices for computers and computer peripherals, and equipment used in the manufacture of tires by manufacturers who employ more than five thousand employees in this State and have over one billion dollars in capital investment in this State, the original cost must not be reduced more than the percentage provided in the following schedule:
Property Tax Year Maximum Percentage
Depreciation
Before 1997 80 percent
1997 83.3 81.65 percent
1998 86.6 83.3 percent
1999 84.95 percent
2000 86.6 percent
2001 88.25 percent
After 1998 2001 90 percent
(B) There is established in the State Treasury a trust fund separate and distinct from the general fund of the State and all other funds styled The Depreciation Property Tax Reimbursement Trust Fund. Annually, the General Assembly shall appropriate there is transferred to this trust fund an amount sufficient to reimburse all local taxing entities the amount of revenue not collected as a result of the additional depreciation more than eighty percent allowed for manufacturer's machinery and equipment pursuant to this Section. No reimbursement is allowed for any depreciation allowed in connection with custom molds and dies used in the conduct of manufacturing electronic interconnection component assembly devices for computers and computer peripherals and equipment used in the manufacture of tires by manufacturers who employ more than five thousand employees in this State and have over one billion dollars in capital investment in this State. Reimbursements must be paid from the fund in the manner provided in Section 12-37-270, mutatis mutandis.
(C) This section is effective for property tax years beginning after 1996"
C. This section takes effect July 1, 1997./
Rep. HODGES explained the amendment.
Rep. ROBINSON spoke against the amendment and moved to table the amendment.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Barfield Barrett Bauer Beck Brown, H. Campsen Cato Chellis Cotty Cromer Dantzler Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kirsh Klauber Knotts Koon Law Leach Limbaugh Limehouse Littlejohn Loftis Martin Mason McKay McMaster Mullen Neilson Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stoddard Trotter Vaughn Webb Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Battle Baxley Bowers Breeland Brown, J. Byrd Carnell Cave Clyburn Cobb-Hunter Gourdine Govan Harvin Hines, J. Hines, M. Hodges Howard Inabinett Jennings Jordan Kennedy Kinon Lee Lloyd Mack Maddox McCraw McLeod McMahand Miller Moody-Lawrence Neal Parks Phillips Pinckney Sheheen Smith, F. Smith, J. Stille Stuart Whipper Wilder Wilkes
So, the amendment was tabled.
Reps. H. BROWN and ROBINSON proposed the following Amendment No. 172 (Doc Name P:\AMEND\JIC\5808HTC.97), which was adopted.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, BEGINNING ON PAGE 547, BY STRIKING SECTION 15
AND INSERTING:
TO AMEND THE 1976 CODE BY ADDING SECTION 11-11-150 SO AS TO DELETE FROM CALCULATIONS OF STATE GENERAL FUND REVENUES AMOUNTS NECESSARY IN A FISCAL YEAR TO FUND THE TRUST FUND FOR STATE PROPERTY TAX RELIEF FUND, THE HOMESTEAD EXEMPTION TRUST FUND, THE BUSINESS INVENTORY EXEMPTION REIMBURSEMENT TRUST FUND, AND THE DEPRECIATION PROPERTY TAX REIMBURSEMENT TRUST FUND, TO PROVIDE FOR THE TRANSFER TO THESE FUNDS THE REQUIRED AMOUNTS; TO PROVIDE THAT UNEXPENDED BALANCES IN THESE FUNDS MUST BE TRANSFERRED TO THE GENERAL FUND OF THE STATE, TO MAKE THESE FUNDS UNAVAILABLE FOR APPROPRIATION, TO PROVIDE FOR THE ACCOUNTING FOR THESE REDUCTIONS, TO REQUIRE THE BOARD OF ECONOMIC ADVISORS TO ACCOUNT FOR THESE TRUST FUNDS SEPARATELY IN REPORTS TO THE GOVERNOR AND THE GENERAL ASSEMBLY, AND TO PROVIDE THAT THIS SECTION MUST NOT BE CONSTRUED AS AFFECTING FUNDING LEVELS FOR PUBLIC EDUCATION; TO AMEND SECTIONS 11-11-330, 12-37-251, AND 12-37-450, ALL AS AMENDED, 12-37-935, 12-37-270, AND 12-37-280, RELATING TO THE LOCAL GOVERNMENT FUND, THE STATE PROPERTY TAX RELIEF FUND, THE BUSINESS INVENTORY TAX EXEMPTION REIMBURSEMENT, THE DEPRECIATION PROPERTY TAX REIMBURSEMENT FUND, AND THE RESIDENTIAL AND HOMESTEAD EXEMPTION REIMBURSEMENTS, SO AS TO CONFORM THESE PROVISIONS TO THE TRANSFER REQUIREMENTS OF SECTION 11-11-150, RECONSTITUTE THESE FUNDS AND ACCOUNTS AS TRUST FUNDS, EXTEND THE PHASE IN OF ADDITIONAL DEPRECIATION FROM THREE TO SIX YEARS, DELETE OBSOLETE PROVISIONS, AND REVISE THE SCHEDULE OF REIMBURSEMENT FOR THE RESIDENTIAL HOMESTEAD EXEMPTION; AND TO REDESIGNATE AND AMEND SECTION 6-27-45, RELATING TO HOMESTEAD EXEMPTION REIMBURSEMENTS AS SECTION 6-1-45, AND CONFORM IT TO THE TRANSFER REQUIREMENTS OF SECTION 11-11-150.
A. Article 1, Chapter 11, Title 11 of the 1976 Code is amended by adding:
"Section 11-11-150. (A) In calculating estimated state general fund revenues for a fiscal year there must be deducted amounts sufficient to fund:
(1) the Trust Fund for State Property Tax Relief established pursuant to Section 11-11-330;
(2) the Homestead Exemption Trust Fund established pursuant to Section 12-37-270;
(3) the Depreciation Property Tax Reimbursement Trust Fund established pursuant to Section 12-37-935(B); and
(4) the Inventory Tax Reimbursement Trust Fund established pursuant to Section 12-37-450.
(B) The amounts deducted from state general fund revenues pursuant to subsection (A) are automatically transferred to the appropriate separate trust funds for the applicable fiscal year and are not available for appropriation. For accounting purposes, this deduction is achieved by imposing a prorata reduction on each revenue source for the general fund of this state excluding general fund revenue sources earmarked for public education. The Board of Economic Advisors shall account for these trust funds separately from general fund revenues in reports to the Governor and the General Assembly.
(C) All formulas calculated on state general fund revenues must reflect the reductions provided by this section.
(D) Unexpended balances in the trust funds specified in subsection (A) at the end of a fiscal year must be transferred to the general fund of the State.
(E) The provisions of this section must not be construed as affecting funding levels for public education."
B. Section 6-27-45 of the 1976 Code, as added by Section 34, Part II, Act 145 of 1995, is redesignated Section 6-1-45 and amended to read:
"Section 6-1-45. Notwithstanding the amount appropriated in the annual general appropriations act for "Homestead Exemption Reimbursement", there must be annually appropriated whatever amount is necessary to reimburse the counties and municipalities of the State for all reimbursed homestead exemptions allowed in accordance with the provisions of law.
In addition to the amounts transferred to the Trust Fund for State Property Tax Relief and the Homestead Exemption Reimbursement Trust Fund as provided in the annual general appropriations act, the Comptroller General's Office shall transfer from the general fund whatever amount is necessary to reimburse counties and municipalities for all state property tax relief and homestead exemptions allowed in accordance with the provisions of law."
C. Section 11-11-330 of the 1976 Code, as last amended by Section 33A, Part II, Act 458 of 1996, is further amended to read:
"Section 11-11-330. Funds credited to the 'Trust Fund for State Property Tax Relief Fund' must be used to provide property tax relief in the manner prescribed in Section 12-37-251. The General Assembly shall appropriate There is transferred to the fund for each fiscal year an amount sufficient to reimburse sums equal to the amount of taxes that were not collected for school districts by reason of the exemption provided in Section 12-37-251."
D. Subsections (A) and (B) of Section 12-37-251 of the 1976 Code, as last amended by Act 458 of 1996, are further amended to read:
"(A) The Trust Fund for State Property Tax Relief Fund shall be established at an amount equal to the revenue necessary to fund a property tax exemption of one hundred thousand dollars based on the fair market value of property classified pursuant to Section 12-43-220(c) calculated on the school operating millage imposed for tax year 1995, excluding taxes levied for bonded indebtedness and payments pursuant to lease purchase agreements for capital construction. The 1995 tax year school operating millage is the base year millage for purposes of calculating the amount necessary to fund the Trust Fund for State Property Tax Relief Fund in accordance with this section. However, in years in which the values resulting from a county-wide reassessment and equalization program are implemented, the base year millage must be adjusted to an equivalent millage rate in the manner that the Department of Revenue shall prescribe. Funds distributed to a taxing district as provided in item (B) of this section must be used to provide a uniform property tax exemption for all property in the taxing district which is classified pursuant to Section 12-43-220(c), excluding taxes levied for bonded indebtedness and payments pursuant to lease purchase agreements for capital construction.
(B) School districts must be reimbursed, in the manner provided in Section 12-37-270, for the revenue lost as a result of the homestead exemption provided in this section except that ninety percent of the reimbursement must be paid in the last quarter of the calendar year in the last quarter of the calendar year on December first. "
E. Section 12-37-450 of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:
"Section 12-37-450. (A) The inventory of business establishments shall be exempt from property taxation as follows: for the 1985 tax year, seventeen percent; for the 1986 tax years, fifty percent; for the 1987 and subsequent tax years, one hundred percent. The exemption herein provided is conditional upon the appropriation by the State to the municipalities and counties for each year an amount equal to tax revenue not collected by reason of the exemption. If the appropriation for any year is less than the amount equal to the tax revenue not collected, the exemption shall be proportionately reduced in the manner provided in (C) below. The exemption provided in this section is not allowed if the return is received by the Commission after the date due or the tax due is received by the county or municipality after the date due.
(B) Counties and municipalities must be reimbursed for the revenue lost as a result of the business inventory tax exemption based on the 1987 tax year millage and 1987 tax year assessed value of inventories in the counties and municipalities. If an amount of reimbursement to a political subdivision within a county is attributable to a separate millage for debt service for any purpose, when that debt is paid, the appropriate reimbursement amount must be redistributed proportionately to the other separate millages levied by the political subdivision within the county for the 1987 tax year. Notwithstanding amounts appropriated for the inventory tax exemption reimbursement, there There is appropriated transferred annually from the general fund of the State to the Inventory Tax Reimbursement Trust Fund, which is established in the State Treasury as a fund separate and distinct from the general fund of the State and all other funds whatever amount is necessary to reimburse fully all counties and municipalities the required amount. The Comptroller General shall make remittances of this reimbursement to counties and municipalities in four equal payments.
(C) The South Carolina Tax Commission shall annually notify each county auditor of the fair market value of merchant's inventory in the manner provided by Section 12-37-1420, which must be assessed at a six percent ratio and entered on the tax duplicate. For the purpose of implementing the business inventory tax exemption provided in this section, the assessed value will then be credited by seventeen percent for taxable year 1985, by fifty percent for taxable year 1986, and by one hundred percent for taxable year 1987 and after 1987. If, for taxable years 1986 and 1987 the State does not reimburse the counties and municipalities for the full amount of the revenue lost because of the applicable exemption, the counties and municipalities shall credit the percentage reimbursed to the merchant's account and bill the remainder to the merchant.
(D) Notwithstanding any other provision of law, business inventory exempted from property taxation in the manner provided in this section is considered taxable property in an amount equal to the 1987 tax year assessed valuation for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State and for purposes of computing the 'index of taxpaying ability' pursuant to item (3) of Section 59-20-20.
(E) Where a portion of a special purpose district is annexed to a municipality, and its service functions in the annexed area are assumed by the municipality, the total amount remitted to the county and municipality under this section shall not exceed the total amount which would be remitted to the two entities separately. However, the assessed valuation and special purpose district tax levy for tax year 1987 with respect to the annexed portion of the special purpose district must be taken into consideration in determining the proportionate share of the total allocation due to the county and the municipality."
F. Section 12-37-935 of the 1976 Code, as added by Section 8A, Part II, Act 458 of 1996, is amended to read:
"Section 12-37-935. (A) Except as provided in Section 12-37-930 for custom molds and dies used in the conduct of manufacturing electronic interconnection component assembly devices for computers and computer peripherals, and equipment used in the manufacture of tires by manufacturers who employ more than five thousand employees in this State and have over one billion dollars in capital investment in this State, the original cost must not be reduced more than the percentage provided in the following schedule:
Property Tax Maximum Percentage Year Depreciation
Before 1997 80 percent
1997 83.3 81.65 percent
1998 86.6 84.43 percent
1999 87.21 percent
After 1998 1999 90 percent.
(B) There is established in the State Treasury a trust fund separate and distinct from the general fund of the State and all other funds styled The Depreciation Property Tax Reimbursement Trust Fund. Annually, the General Assembly shall appropriate there is transferred to this trust fund an amount sufficient to reimburse all local taxing entities the amount of revenue not collected as a result of the additional depreciation more than eighty percent allowed for manufacturer's machinery and equipment pursuant to this section. No reimbursement is allowed for any depreciation allowed in connection with custom molds and dies used in the conduct of manufacturing electronic interconnection component assembly devices for computers and computer peripherals and equipment used in the manufacture of tires by manufacturers who employ more than five thousand employees in this State and have over one billion dollars in capital investment in this State. Reimbursements must be paid from the fund in the manner provided in Section 12-37-270, mutatis mutandis".
(C) This section is effective for property tax years beginning after 1996
G. Section 12-37-270 of the 1976 Code is amended to read:
"Section 12-37-270. There is established in the State Treasury the Homestead Exemption Reimbursement Trust Fund, a fund separate and distinct from the general fund of the State and all other funds, to which is transferred in a fiscal year an amount sufficient to pay the reimbursement provided by this section. The Comptroller General, from the general fund of the State from this trust fund, shall annually pay to the county treasurer of the county in which the dwelling is situate for the account of each county, school district or special district therein a sum equal to the amount of taxes that was not collected for such county, school district or special district by reason of the exemption provided for in Section 12-37-250 and shall also annually pay to the governing body of the municipality in which the dwelling is situate a sum equal to the amount of taxes that was not collected for such municipality by reason of the exemption provided for in Section 12-37-250; provided, the county treasurer and municipal governing body shall furnish the Comptroller General on or before April first following the tax year, or during an extension authorized by the Comptroller General not to exceed sixty days an accounting or statement as prescribed by the Comptroller General that reflects the amount of county, municipal, school district or special district taxes that was not collected because of the exemption; and provided, further, that any funds paid by the Comptroller General as the result of an erroneous or improper application shall be returned to the Comptroller General for deposit in the general fund of the State.
Notwithstanding any other provisions of law, the Comptroller General shall purchase and distribute the applications for the homestead exemption and the costs shall be from the appropriations for reimbursement for the exemption Trust Fund.
The Comptroller General shall promulgate regulations as may be necessary to carry out the provisions herein."
H. Section 12-37-280 of the 1976 Code is amended to read:
"Section 12-37-280. Any county, municipality, school district, and special district in which a person who has reached the age of sixty-five years receives a homestead property tax exemption shall be reimbursed for such exemption from the general fund of the State Homestead Exemption Reimbursement Trust Fund. Such reimbursement shall be made by the Comptroller General on an annual basis on such terms and subject to such conditions as he may prescribe.
Nothing contained in this section shall be construed as authority to grant property tax exemption other than as provided for by the laws and Constitution of this State."
I. This section takes effect July 1, 1997, and first applies for general fund revenues available for appropriation for fiscal years beginning after June 30, 1998, and accounting for general fund revenues affecting appropriations for fiscal year 1998-99. /
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Rep. ROBINSON explained the amendment.
Rep. HAWKINS moved to table the amendment.
Rep. ROBINSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Battle Baxley Breeland Cave Clyburn Cobb-Hunter Hawkins Hines, J. Hines, M. Hodges Inabinett Lanford Lee Littlejohn Lloyd Mack McLeod McMahand Miller Neal Parks Smith, F. Walker Whipper Wilkes
Those who voted in the negative are:
Bailey Barfield Barrett Bauer Beck Brown, H. Brown, J. Byrd Campsen Cato Chellis Cooper Cotty Cromer Dantzler Delleney Easterday Edge Felder Gamble Hamilton Harrell Harrison Haskins Hinson Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Law Leach Limbaugh Limehouse Loftis Mason McCraw McKay McMaster Meacham Moody-Lawrence Mullen Neilson Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Webb Whatley Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Section 15 as amended was adopted.
Rep. SHEHEEN raised a Point of Order that Section 16 was not germane to the Bill.
Rep. HARRELL argued contra.
SPEAKER WILKINS referred to Rule 5.3 whereby he sustained the Point of Order and ruled the section out of order and ordered it stricken from the Bill.
Rep. LOFTIS proposed the following Amendment No. 211 (Doc Name P:\AMEND\GJK\20308SD.97), which was tabled.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, SECTION 17, by striking Section 59-39-101 of the 1976 code, which begins on line 24, page 552, and inserting:
/"Section 59-39-101. (A) For the purpose of recognizing and rewarding outstanding performance and academic achievement on the part of public and nonpublic school students, each high school graduate who meets the requirements of this section beginning with the 1997-98 school year must be awarded a Superior Academic Achievement High School scholarship in the amount specified in subsection (C).
(B) In order to qualify for a Superior Academic Achievement High School scholarship a student shall complete at least twenty-four units as prescribed by the State Board of Education including:
(1) four units of English or language arts;
(2) four units of mathematics;
(3) four units of science;
(4) four units of social science or history;
(5) two units of foreign or classical languages;
(6) one unit of computer science;
(7) one unit of the arts or music;
(8) one unit of physical education or health; and
(9) three elective units.
(C) A student who meets the requirements of this section and attends a public or private South Carolina institution of higher learning or technical college shall receive a five hundred dollar scholarship from the State paid to the institution.
(D) Each district school board of trustees and the administrators of each nonpublic school are encouraged to make provisions, through appropriate and adequate course offerings in each high school or through cooperative arrangements with other schools, for students desiring to receive a Superior Academic Achievement High School scholarship.
(E) The State Board of Education is authorized to promulgate regulations necessary for the implementation and administration of this section. These regulations shall include specific course requirements and may also establish alternatives to any area of study or course of study specified herein, provided that the adopted curriculum framework demonstrates that the alternative authorized is equivalent or more advanced.
(F) In order to qualify for a Superior Academic Achievement Scholarship, a student must have at least a 'B' average as defined by the State Department of Education in all courses including those required to receive this scholarship."
B. This section takes effect upon approval of the Governor. /
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Rep. LOFTIS explained the amendment.
Rep. HARRELL spoke against the amendment.
Rep. LOFTIS spoke in favor of the amendment.
Rep. HARRELL moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barfield Barrett Bauer Brown, H. Campsen Chellis Cotty Dantzler Delleney Edge Fleming Gourdine Harrell Harrison Harvin Hawkins Hines, J. Hinson Keegan Kinon Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Mason McCraw McMaster Meacham Miller Mullen Neilson Phillips Pinckney Rhoad Rice Riser Rodgers Sandifer Seithel Sharpe Simrill Smith, R. Spearman Stuart Trotter Walker Webb Whatley Wilkes Wilkins Woodrum Young Young-Brickell
Those who voted in the negative are:
Askins Battle Baxley Breeland Brown, J. Byrd Canty Cato Cave Cobb-Hunter Cooper Cromer Easterday Gamble Govan Hamilton Haskins Hines, M. Hodges Inabinett Jennings Jordan Klauber Leach Lee Littlejohn Lloyd Loftis Mack Maddox Martin McLeod McMahand Moody-Lawrence Neal Scott Smith, F. Smith, J. Stille Stoddard Townsend Tripp Vaughn Wilder
So, the amendment was tabled.
Rep. HARRELL proposed the following Amendment No. 117 (Doc Name P:\AMEND\GK.\20278SD.97), which was adopted.
Amend the bill, as and if amended, by PART II, SECTION 17, in Section 59-39-101(B) of the 1976 Code, by striking item (4), on line 33, page 552, and inserting:
/(4) four units of social science or history, one unit of which must be U. S. History;/
Amend the section further, as and if amended, beginning on line 35, page 552, by striking item (6) and inserting:
/(6) one unit of computer science beginning with school year 1999-2000, and until school year 1999-2000 one additional elective unit must be completed instead of a unit in computer science;/
Amend the section further, as and if amended, in subsection (C), beginning on line 41, page 552, by adding the following new sentences at the end to read: /The State Department of Education shall furnish the Palmetto Fellows Scholarship Program of the Commission on Higher Education with a list of those students each year who are awarded Superior Academic Achievement Diplomas. The Palmetto Fellows Scholarship Program shall then distribute the scholarship funds for such students to the appropriate institutions.
Amend the section further, as and if amended, by adding a new subsection (F) to Section 59-39-101 to read:
/(F) In order to receive a Superior Academic Achievement Diploma, a student must graduate with an over-all 'B' average./
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Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. SPEARMAN proposed the following Amendment No. 215 (Doc Name P:\AMEND\GJK\20310SD.97), which was adopted.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, SECTION 17, by striking item (7) as contained on line 36, page 552, and inserting:
/(7) one unit of the arts of music, provided that a third unit of foreign or classical language may be substituted for this arts or music requirement; /
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Amend totals and title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. LOFTIS proposed the following Amendment No. 214 (Doc Name P:\AMEND\GJK\20308SD.97), which was tabled.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, SECTION 17, by striking Section 59-39-101 of the 1976 code, which begins on line 24, page 552, and inserting:
/"Section 59-39-101. (A) For the purpose of recognizing and rewarding outstanding performance and academic achievement on the part of public and nonpublic school students, each high school graduate who meets the requirements of this section beginning with the 1997-98 school year must be awarded a Superior Academic Achievement High School scholarship in the amount specified in subsection (C).
(B) In order to qualify for a Superior Academic Achievement High School scholarship a student shall complete at least twenty-four units as prescribed by the State Board of Education including:
(1) four units of English or language arts;
(2) four units of mathematics;
(3) four units of science;
(4) four units of social science or history;
(5) two units of foreign or classical languages;
(6) one unit of computer science;
(7) one unit of the arts or music;
(8) one unit of physical education or health; and
(9) three elective units.
(C) A student who meets the requirements of this section and attends a public or private South Carolina institution of higher learning or technical college shall receive a five hundred dollar scholarship from the State paid to the institution.
(D) Each district school board of trustees and the administrators of each nonpublic school are encouraged to make provisions, through appropriate and adequate course offerings in each high school or through cooperative arrangements with other schools, for students desiring to receive a Superior Academic Achievement High School scholarship.
(E) The State Board of Education is authorized to promulgate regulations necessary for the implementation and administration of this section. These regulations shall include specific course requirements and may also establish alternatives to any area of study or course of study specified herein, provided that the adopted curriculum framework demonstrates that the alternative authorized is equivalent or more advanced.
(F) In order to qualify for a Superior Academic Achievement Scholarship, a student must have at least a 'B' average as defined by the State Department of Education including those required to receive this scholarship."
B. This section takes effect upon approval of the Governor. /
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Rep. LOFTIS explained the amendment.
Rep. HARRELL moved to table the amendment.
Rep. TRIPP demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Askins Bailey Barfield Barrett Bauer Baxley Boan Brown, H. Brown, J. Carnell Cave Chellis Cooper Cotty Dantzler Delleney Edge Felder Fleming Gamble Gourdine Govan Harrell Harrison Harvin Hawkins Hines, J. Hines, M. Hinson Inabinett Jennings Keegan Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Lloyd Mack Martin Mason McKay McMahand McMaster Meacham Mullen Neilson Parks Quinn Rhoad Rice Riser Rodgers Sandifer Seithel Sharpe Simrill Smith, R. Spearman Stuart Townsend Trotter Vaughn Webb Whatley Wilkins Woodrum Young Young-Brickell
Those who voted in the negative are:
Battle Bowers Brown, G. Canty Cato Cromer Easterday Hamilton Haskins Hodges Leach Littlejohn Loftis Maddox McCraw McLeod Miller Neal Phillips Sheheen Smith, F. Smith, J. Stille Stoddard Tripp Walker Wilder Wilkes
So, the amendment was tabled.
Rep. COBB-HUNTER proposed the following Amendment No. 218 (Doc Name P:\AMEND\GJK\20312SD.97), which was tabled.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, SECTION 17, in Section 59-39-101 of the 1976 Code, by striking /and nonpublic/ which begins on line 16, page 552, and as contained on line 25, page 552, and by striking /and the administrators of each nonpublic school/ as contained on line 1, page 553.
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Rep. COBB-HUNTER explained the amendment.
Rep. KLAUBER moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken resulting as follows:
Altman Barfield Barrett Battle Bauer Bowers Brown, H. Campsen Cato Chellis Cooper Cromer Dantzler Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Jordan Keegan Kelley Klauber Knotts Koon Law Leach Limbaugh Limehouse Littlejohn Loftis Martin Mason McMaster Meacham Mullen Phillips Rice Riser Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, R. Spearman Stille Stuart Tripp Trotter Vaughn Webb Whatley Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Baxley Boan Breeland Brown, G. Brown, J. Byrd Canty Cave Clyburn Cobb-Hunter Cotty Davenport Gourdine Govan Hines, J. Hines, M. Inabinett Jennings Kennedy Kinon Kirsh Lanford Lee Mack McCraw McLeod McMahand Miller Neal Neilson Parks Pinckney Rhoad Scott Smith, J. Stoddard Walker
So, the amendment was tabled.
Section 17 as amended was adopted.
Debate was resumed on Section 21.
Rep. KIRSH proposed the following Amendment No. 88 (Doc Name P:\AMEND\007\21EDUEND.007), which was tabled.
Amend the bill, as and if amended, Part II, Section 21, CHE, page 555, line 20 to end, by striking:/Delete Entire Part II/
Renumber sections and amend totals/title to conform.
Rep. KIRSH explained the amendment.
Rep. BOAN spoke against the amendment and moved to table the amendment, which was agreed to.
Section 21 was adopted.
Rep. KIRSH proposed the following Amendment No. 73 (Doc Name P:\AMEND\PT\2985SD.97), which was tabled.
Amend the bill, as and if amended, Part II, Page 557, SECTION 22, Line 29, by striking /twenty-two/ and inserting /twenty-five/; line 31, by striking /twenty-three/ and inserting /twenty-eight/; and line 33, by striking /twenty-four/ and inserting /thirty-one/.
Renumber sections to conform.
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Rep. KIRSH explained the amendment.
Reps. CAVE, RHOAD and BOAN spoke against the amendment.
Rep. CAVE moved to table the amendment, which was agreed to.
Section 22 was adopted.
Rep. D. SMITH proposed the following Amendment No. 58 (Doc Name P:\AMEND\PT\2990JM.97), which was tabled.
Amend the bill, as and if amended, Part II, SECTION 24, page 558, by striking lines 34 through 38 and inserting:
/(1) a nonstate match requirement of at least one hundred fifty percent of state grant funds; and
(2) completing an economic impact before an award is made."/
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Rep. KOON moved to table the amendment, which was agreed to.
Section 24 was adopted.
Rep. KIRSH proposed the following Amendment No. 83 (Doc Name P:\AMEND\003\NEWJUD2.003), which was tabled.
Amend the bill, as and if amended, Part II, Section 27, increase number of circuit and family court judges, page 560 by deleting the provision in its entirety.
Renumber sections and amend totals/title to conform.
Rep. KIRSH explained the amendment.
Rep. QUINN moved to table the amendment, which was agreed to.
Rep. FLEMING proposed the following Amendment No. 170 (Doc Name P:\AMEND\GK.\20295AC.97), which was tabled.
Amend the bill, as and if amended, Part II, SECTION 27, page 561, by deleting lines 24 and 25 and inserting:
/One judge must be elected from the first, second, sixth, and twelfth, and sixteenth circuits. Two judges must be elected from the third, fourth, seventh, eighth, tenth, eleventh, fourteenth, and fifteenth, and sixteenth circuits and of the two judges elected from the sixteenth circuit, one must reside in Union County. Three judges must be elected/
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Rep. FLEMING explained the amendment.
Rep. QUINN moved to table the amendment.
Rep. FLEMING demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 66 to 16.
Reps. JENNINGS, BAXLEY, STODDARD and KIRSH proposed the following Amendment No. 207 (Doc Name P:\AMEND\GJK\20258HTC.97), which was tabled.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, SECTION 27, Section 14-5-610 as contained in subsection A, page 561, by striking lines 24 through 30 and inserting:
/One judge must be elected from the first, second, sixth, twelfth, and sixteenth circuits. Two judges must be elected from the third, fourth, seventh, eighth, tenth, eleventh, fourteenth, and fifteenth circuits. Three judges must be elected from the fifth, ninth, and thirteenth circuits.
In addition to the above judges authorized by this section, there must be thirteen sixteen additional circuit judges elected by the General Assembly from the State at large for terms of office of six years. These additional judges must be elected without regard to county or circuit of residence. Each office of the at-large judges is a separate office and is assigned numerical designations of Seat No. 1 through Seat No. 13 16 respectively./
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Rep. JENNINGS explained the amendment.
The SPEAKER granted Rep. KENNEDY a leave of absence.
Rep. JENNINGS continued speaking.
Rep. FLEMING spoke in favor of the amendment.
Rep. QUINN moved to table the amendment.
Rep. JENNINGS demanded the yeas and nays, which were taken resulting as follows:
Altman Bailey Barfield Beck Breeland Brown, H. Byrd Campsen Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Easterday Edge Felder Gourdine Govan Hamilton Harrell Harrison Haskins Hines, M. Hinson Inabinett Jordan Kelley Law Leach Limehouse Lloyd Loftis Mack Mason McKay McMahand McMaster Neal Neilson Quinn Rhoad Riser Robinson Sandifer Scott Seithel Sharpe Sheheen Smith, F. Smith, J. Smith, R. Tripp Trotter Vaughn Webb Whatley Whipper Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Allison Barrett Battle Bauer Baxley Boan Brown, G. Carnell Davenport Delleney Fleming Gamble Hawkins Hines, J. Hodges Jennings Keegan Kinon Kirsh Klauber Knotts Koon Lanford Lee Limbaugh Littlejohn Maddox McCraw McLeod Meacham Miller Moody-Lawrence Parks Phillips Rodgers Simrill Smith, D. Spearman Stille Stoddard Stuart Walker Wilder Wilkes Woodrum Young
So, the amendment was tabled.
The SPEAKER granted Rep. ROBINSON a leave of absence.
Section 27 was adopted.
Reps. NEILSON, MEACHAM, J. HINES, DANTZLER, BYRD, BATTLE, HINSON, BREELAND, EDGE, INABINETT, WITHERSPOON, BAXLEY, NEAL, KOON, BARFIELD, WHATLEY, PINCKNEY, RISER, RODGERS, MOODY-LAWRENCE, STODDARD, RHOAD, STUART, KNOTTS, LEE, MILLER, DAVENPORT and F. SMITH proposed the following Amendment No. 196 (Doc Name P:\AMEND\PT\1007HTC.97), which was adopted.
Amend the bill, as and if amended, Part II, page 563, by striking SECTION 30 and inserting:
TO AMEND SECTION 2-51-10 OF THE 1976 CODE, RELATING TO THE JOINT LEGISLATIVE STUDY COMMITTEE ON THE AGING, SO AS TO REQUIRE COMMITTEE STAFF SUPPORT TO BE PROVIDED BY THE STATE REORGANIZATION COMMISSION AND TO DELETE THE AUTHORIZATION FOR MILEAGE, SUBSISTENCE, AND PER DIEM FOR MEMBERS AND THE REFERENCE TO THE COMMITTEE'S ANNUAL APPROPRIATION.
A. Section 2-51-10 of the 1976 Code is amended to read:
"Section 2-51-10. There is created a permanent committee to conduct continuing studies of public and private services, programs, and facilities for the Aging in South Carolina and report its findings and recommendations annually to the General Assembly. Three members shall must be appointed from the Senate by the President thereof, three members shall must be appointed from the House of Representatives by the Speaker, and three members shall must be appointed by the Governor. Terms of legislative members shall be are coterminous with the term of the appointing Governor. Members of the committee shall receive mileage, per diem, and subsistence as provided by law for members of boards, committees and commissions. Expenses of the committee shall be provided by an annual appropriation in the General Appropriation Appropriations Act. The Legislative Council shall provide such legal services as the committee may require in the performance of its duties. From funds appropriated to the State Reorganization Commission in the general appropriations act for fiscal year 1997-98 and subsequent years, the commission shall provide all other staff support for the committee."
B. This section takes effect July 1, 1997./
Renumber sections to conform.
Amend totals and title to conform.
Rep. NEILSON explained the amendment.
Reps. STUART and RHOAD spoke in favor of the amendment.
Rep. KIRSH spoke against the amendment and moved to table the amendment.
Rep. BAILEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Jordan Kirsh Young-Brickell
Those who voted in the negative are:
Allison Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Byrd Campsen Carnell Cato Cave Chellis Clyburn Cromer Dantzler Delleney Easterday Edge Felder Gamble Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Inabinett Jennings Keegan Kelley Kinon Klauber Knotts Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Maddox Martin Mason McCraw McKay McLeod McMahand McMaster Meacham Miller Moody-Lawrence Neilson Parks Phillips Pinckney Rhoad Rice Riser Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Section 30 as amended was adopted.
Reps. J. SMITH and CROMER proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20261HTC.97).
Amend the bill, as and if amended, by adding a new section appropriately numbered to read:
Rep. J. SMITH explained the amendment.
Reps. HASKINS and CAVE spoke against the amendment.
Rep. MULLEN spoke in favor of the amendment.
Rep. EDGE spoke against the amendment.
Reps. CROMER and HODGES spoke in favor of the amendment.
Rep. YOUNG-BRICKELL moved that the House recede until 2:30 P.M., which was adopted.
Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 1.
At 2:30 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised. A quorum was later present.
The SPEAKER granted Rep. LANFORD a leave of absence.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Part II.
Reps. J. SMITH and CROMER proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20261HTC.97), which was tabled.
Amend the bill, as and if amended, by adding a new section appropriately numbered to read:
TO AMEND SECTION 48-48-140, AS AMENDED, OF THE 1976 CODE, RELATING TO THE LOW-LEVEL RADIOACTIVE WASTE DISPOSAL TAX, SO AS TO TRIPLE THE RATE OF THE TAX TO SEVEN HUNDRED FIVE DOLLARS A CUBIC FOOT.
A. Section 48-48-140(A) of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:
"(A) There is imposed a tax of two seven hundred thirty-five five dollars a cubic foot on each cubic foot of low-level radioactive waste disposed of in this State. The revenues resulting from the provisions of this section must be used for the Children's Education Endowment as reflected in appropriations to the State Treasurer in Part I, Section 10 of the 1995-96 general appropriations act and as thereafter provided, except as provided in Subsection (C)."
B. This section takes effect July 1, 1997./
Renumber sections to conform.
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Rep. SHEHEEN spoke in favor of the amendment.
Reps. FELDER and RHOAD spoke against the amendment.
Rep. RHOAD moved to table the amendment.
Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Barfield Barrett Bauer Beck Boan Bowers Brown, H. Campsen Carnell Cato Cave Chellis Clyburn Cotty Dantzler Davenport Easterday Edge Felder Fleming Gamble Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hinson Jordan Keegan Kelley Kinon Klauber Knotts Koon Law Leach Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mack Mason McCraw McKay Neilson Parks Phillips Quinn Rhoad Rice Riser Rodgers Sandifer Sharpe Smith, D. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Battle Baxley Breeland Brown, G. Brown, J. Byrd Canty Cobb-Hunter Cromer Delleney Gourdine Hines, J. Hines, M. Hodges Howard Inabinett Jennings Kirsh Maddox McLeod McMahand McMaster Meacham Miller Moody-Lawrence Mullen Neal Seithel Sheheen Simrill Smith, F. Smith, J. Whipper Wilder
So, the amendment was tabled.
I was out of the chamber when the vote was taken on tabling the amendment. I wish to be recorded as voting no, not to table the amendment.
Rep. CLEMENTA C. PINCKNEY
I voted "no" on the tabling motion on Amendment No. 1. This is the first opportunity I have had to cast a vote expressing my disapproval of the tragic decision made to abandon the Southeastern Compact and potentially keep the Barnwell Low-level Nuclear Wastedump opened indefinitely. Incidentally, the fact that, if, passed, this amendment would have raised revenue to the level initially expected for public school facilities. I would prefer to close the Barnwell site but, if we have to leave it open it should do the things for public education promised. I regret it failed.
Rep. VICTORIA T. MULLEN
Rep. STILLE proposed the following Amendment No. 12 (Doc Name P:\AMEND\GJK\20265SD.97), which was tabled.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding a new SECTION appropriately numbered to read:
Rep. STILLE explained the amendment.
Rep. HARRELL spoke against the amendment.
Rep. STILLE spoke in favor of the amendment.
Rep. HARRELL spoke against the amendment.
Rep. CROMER moved to table the amendment.
Rep. STILLE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Byrd Campsen Canty Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Delleney Edge Felder Fleming Gamble Gourdine Govan Harrell Harrison Haskins Hawkins Hines, J. Hines, M. Hinson Howard Inabinett Jennings Jordan Keegan Kelley Knotts Koon Law Leach Limbaugh Limehouse Lloyd Mack Martin Mason McCraw McKay McMaster Moody-Lawrence Mullen Neal Neilson Parks Phillips Quinn Rhoad Rice Riser Rodgers Sandifer Scott Seithel Smith, R. Spearman Stoddard Trotter Webb Whatley Whipper Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Brown, T. Carnell Davenport Easterday Hamilton Harvin Kirsh Klauber Lee Littlejohn Loftis Maddox McLeod McMahand Meacham Miller Sharpe Sheheen Simrill Smith, F. Smith, J. Stille Stuart Townsend Tripp Vaughn Walker Wilder
Rep. ALTMAN proposed the following Amendment No. 38 (Doc Name P:\AMEND\PSD\7112AC.97), which was rejected.
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 59-35-20 so as to establishing priorities for entry into public kindergarten when space is not available for all children who seek to enroll.
A. The 1976 Code is amended by adding Section 59-35-20. When classroom space is not available for all children whose parents seek to enroll their children in public kindergarten in a school district or a school, the following priorities shall govern as to who must be first admitted:
(1) children in the Department of Social Services custody and in foster homes;
(2) children of single-parent homes where the parent is employed outside the home a minimum of thirty hours a week;
(3) children from homes where both parents are employed outside the home an aggregate of sixty hours a week;
(4) for all other children such terms and conditions as the local school board may deem just."
B. This section takes effect upon approval by the Governor and applies beginning with the 1997-98 school year. /
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Rep. ALTMAN explained the amendment.
Rep. HARRELL spoke against the amendment and moved to table the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Barrett Bauer Beck Boan Brown, H. Campsen Cato Clyburn Cooper Cotty Delleney Easterday Felder Fleming Harrell Harrison Hawkins Hodges Jennings Jordan Keegan Kelley Kinon Knotts Koon Law Limehouse Littlejohn Mack Martin McCraw McKay McMahand McMaster Mullen Phillips Quinn Rice Riser Rodgers Sandifer Sheheen Smith, J. Smith, R. Spearman Townsend Vaughn Walker Whipper Wilkins Witherspoon
Those who voted in the negative are:
Altman Askins Bailey Barfield Battle Bowers Breeland Brown, G. Brown, T. Byrd Carnell Cave Chellis Cobb-Hunter Cromer Dantzler Davenport Edge Gamble Gourdine Govan Hamilton Harvin Haskins Hines, J. Hines, M. Hinson Howard Inabinett Kirsh Klauber Leach Lee Limbaugh Lloyd Loftis Maddox Mason McLeod Meacham Miller Moody-Lawrence Neal Neilson Parks Rhoad Scott Seithel Sharpe Simrill Smith, F. Stille Stoddard Stuart Trotter Webb Whatley Wilder Woodrum Young Young-Brickell
So, the House refused to table the amendment.
Rep. HARRELL raised a Point of Order that Amendment No. 38 was not germane to the Bill.
Rep. MEACHAM raised the Point of Order that Rep. Harrell was not in his seat.
SPEAKER WILKINS, in accordance with Rule 3.6, sustained the Point of Order.
Rep. HARRELL raised a Point of Order that Amendment No. 38 was not germane to the Bill.
Rep. LIMBAUGH argued contra.
SPEAKER WILKINS overruled the Point of Order.
Reps. WILKES, HARRELL and MULLEN spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. HARRELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, T. Dantzler Davenport Haskins Mason McLeod Meacham Seithel Trotter
Those who voted in the negative are:
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Byrd Campsen Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Harvin Hawkins Hines, J. Hines, M. Hinson Hodges Inabinett Jennings Keegan Kelley Kinon Klauber Knotts Koon Law Leach Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin McCraw McKay McMahand McMaster Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Pinckney Quinn Rhoad Rice Riser Rodgers Sandifer Scott Sharpe Sheheen Simrill Smith, J. Smith, R. Spearman Stoddard Stuart Townsend Tripp Vaughn Walker Webb Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
So, the amendment was rejected.
Rep. STILLE proposed the following Amendment No. 52 (Doc Name P:\AMEND\DKA\4180SD.97), which was tabled.
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 59-101-365, SO AS TO REQUIRE FULL-TIME FACULTY OF STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING, BEGINNING WITH THE 1997 FALL SEMESTER, TO TEACH A REQUIRED NUMBER OF CREDIT HOURS EACH SEMESTER, AND TO PROVIDE FOR THE MANNER IN WHICH THE FUNDS SAVED FROM THE ABOVE PROVISIONS BEGINNING WITH FISCAL YEAR 1997-98, SHALL BE UTILIZED.
The 1976 Code is amended by adding:
"Section 59-101-365. (A) Beginning with the 1997 fall semester, full-time faculty of state-supported institutions of higher learning are required to teach twelve credit hours each semester. However, full-time faculty who perform research one hundred percent of the time are exempt from this requirement. Full-time faculty who perform research at least sixty percent of the time must teach six credit hours. Full-time faculty who perform research at least thirty percent of the time must teach nine credit hours.
(B) This requirement concerning the number of credit hours taught by full-time faculty of state-supported institutions of higher learning will reduce the required amount of funding for such institutions, as fewer faculty will be needed. The Commission on Higher Education shall determine the savings to each such institution beginning with the fiscal year 1997-98 and shall certify this amount to the Comptroller General. The Comptroller General shall then withhold the amount of such savings from the funds appropriated to that institution for the applicable fiscal year and shall retain same in the state general fund."/
Renumber sections to conform.
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Rep. STILLE explained the amendment.
Rep. H. BROWN moved to table the amendment, which was agreed to by a division vote of 61 to 15.
Rep. KIRSH proposed the following Amendment No. 79 (Doc Name P:\AMEND\JIC\5789HTC.97), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2777 SO AS TO IMPOSE A TAX AT THE RATE OF FIVE PERCENT ON THE GROSS PROCEEDS OF VIDEOGAMES WITH A FREE PLAY FEATURE, TO DEFINE "GROSS PROCEEDS OF A MACHINE", AND PROVIDE FOR THE PAYMENT AND COLLECTION OF THE TAX AND THE DISTRIBUTION OF THE REVENUE; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO EXEMPT FROM TAX TWENTY PERCENT OF THE GROSS PROCEEDS OF SALES OR SALES PRICE OF FOOD ITEMS ELIGIBLE FOR PURCHASE WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, NOT INCLUDING RESTAURANT MEALS, AND TO MAKE THIS EXEMPTION EFFECTIVE APRIL 1, 1998, ONLY IF THE GROSS PROCEEDS TAX ON VIDEO GAMES WITH A FREE PLAY FEATURE IS PRODUCING SUFFICIENT OFFSETTING REVENUES.
A. Article 20, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-2777. (A) A tax at the rate of five percent is imposed on the gross proceeds of a machine licensed pursuant to Section 12-21-2720(A). For purposes of this section 'gross proceeds of a machine' means all amounts deposited in the machine in the reporting period.
(B) The tax is due and payable on a monthly basis, on or before the twentieth day of the month, and the person liable for the tax on the due date shall make a return to the department, in a form it prescribes, showing the total amount deposited for the previous month, and remit the tax with it.
(C) The person making the report required pursuant to Section 12-21-2776(B) is liable for the tax.
(D) Enforcement and collection of this tax are as provided in Chapter 54 of this title. Revenues of the tax imposed by this section must be credited to a fund in the State Treasury, separate and distinct from the general fund of the State and all other funds. Revenues in this fund must be transferred not less than quarterly to the general fund of the State as follows:
(1) amounts sufficient to offset revenue losses attributable to the food sales tax exemption, and this offset must be allocated as if it were sales tax revenues;
(2) amounts in excess of those required pursuant to item (1), not to exceed 3.8 million dollars in a fiscal year to the Department of Mental Health Patient Fee Account; and
(3) amounts in excess of those required pursuant to items (1) and (2), must remain in the fund and may be used only for additional sales tax relief on food."
B. Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) effective April 1, 1998, food items eligible for purchase with United States Department of Agriculture food coupons, not including restaurant meals, but this exemption is limited to twenty percent of the gross proceeds of sales or sales price of these items. However, no exemption is allowed pursuant to this item unless the board of economic advisors certifies to the department of revenue that the tax imposed pursuant to section 12-21-2777 is producing revenues sufficient for the offset required pursuant to section 12-21-2777(D)(1)."
C. This section takes effect July 1, 1997. /
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Rep. KIRSH explained the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. HARRELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Barfield Barrett Battle Bauer Brown, H. Brown, J. Byrd Campsen Carnell Chellis Cooper Cotty Dantzler Edge Felder Fleming Gamble Gourdine Harrell Harrison Harvin Hawkins Hinson Inabinett Keegan Kelley Kinon Klauber Knotts Koon Law Limbaugh Limehouse Lloyd Martin McKay McMaster Miller Mullen Neal Neilson Phillips Quinn Rhoad Rice Riser Rodgers Sandifer Seithel Sharpe Smith, D. Smith, R. Spearman Stoddard Stuart Tripp Trotter Webb Whatley Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Askins Baxley Beck Boan Bowers Breeland Brown, G. Brown, T. Cato Cave Cromer Davenport Delleney Easterday Govan Hamilton Haskins Hines, J. Hines, M. Kirsh Leach Littlejohn Loftis Mack Mason McCraw McLeod McMahand Meacham Moody-Lawrence Parks Pinckney Scott Sheheen Simrill Smith, F. Stille Vaughn Walker Whipper Wilder
So, the amendment was tabled.
Reps. NEAL and CROMER proposed the following Amendment No. 107 (Doc Name P:\AMEND\GK.\20282MM.97), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:
Rep. F. SMITH demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 55 to 21.
Rep. FLEMING proposed the following Amendment No. 114 (Doc Name P:\AMEND\PT\2992HTC.97), 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 12-37-2680, AS AMENDED, OF THE 1976 CODE, RELATING TO THE VALUATION OF MOTOR VEHICLES FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE THAT A VEHICLE WHICH QUALIFIES IN A TAX YEAR FOR A REDUCED VALUE BECAUSE OF HIGH MILEAGE SHALL CONTINUE TO RECEIVE THE HIGH MILEAGE DEDUCTION FOR SUBSEQUENT TAX YEARS WITHOUT A NEW APPLICATION.
a. Section 12-37-2680 of the 1976 Code, as last amended by Act 60 of 1995, is further amended by adding a new paragraph at the end to read:
"If a vehicle qualifies for a reduced value attributable to high mileage for a tax year, the vehicle value must continue to be reduced in subsequent tax years without further applications. The auditor shall calculate the value in these years on the basis that the vehicle has continued to accrue mileage at least at the same rate applicable in the first year the vehicle qualified for the deduction."
B. This section takes effect July 1, 1997, and first applies for motor vehicles tax years beginning after June 30, 1997. /
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Rep. FLEMING explained the amendment.
Rep. HASKINS raised a Point of Order that Amendment No. 114 was not germane to the Bill.
Rep. FLEMING argued contra.
SPEAKER WILKINS sustained the Point of Order and ordered the amendment out of order.
Rep. FLEMING proposed the following Amendment No. 143 (Doc Name P:\AMEND\PSD\7118AC.97), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 51-23-30 OF THE 1976 CODE, RELATING TO GRANT FUNDS FOR PARKS AND RECREATION FACILITIES, SO AS TO ALLOW UNSPENT GRANT FUNDS TO BE CARRIED FORWARD FOR TEN YEARS INSTEAD OF THREE YEARS.
The department shall devise and administer a noncompetitive program of grants to eligible entities within each county area for planning and development for of new parks and recreation facilities or renovations of existing facilities. Grant funds may not be used to supplant existing funding for parks and recreation purposes nor may they be used to retire indebtedness incurred prior to before July 1, 1988. Grant awards must be made by the department according to criteria and administrative guidelines it shall develop develops and furnish furnishes to potential grant applicants. All grants must be in the form of reimbursements and no a grant may not be awarded unless the grantee matches the grant in an amount equal to at least twenty percent of the grant. All grant applications must be submitted in writing and signed by a majority of the members of the legislative delegation representing the eligible entity applying for the grant. Unexpended grant funds in any account may be carried forward for not more than three seven succeeding fiscal years, after which any.Then unexpended funds must be reallocated on a statewide basis in the next fiscal year as part of the distribution to the Fund for that year."
Renumber sections to conform.
Amend totals and title to conform.
Rep. FLEMING explained the amendment.
Rep. HASKINS raised the Point of Order that Amendment No. 143 was not germane to the Bill.
Rep. FLEMING argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Reps. H. BROWN and BOAN proposed the following Amendment No. 147 (Doc Name P:\AMEND\GJK\20309sd.97), which was adopted.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding a new SECTION appropriately numbered to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 59-130-35 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF THE COLLEGE OF CHARLESTON, WITH THE CONSENT OF THE BUDGET AND CONTROL BOARD, TO SELL REMLEY'S POINT WHICH IT OWNS IN CHARLESTON COUNTY DURING FISCAL YEAR 1997-98 OR THEREAFTER, AND TO PROVIDE THAT CERTAIN FUNDS APPROPRIATED TO THE COLLEGE IN SECTION 18E, PART I OF THIS ACT, AFTER THIS PROPERTY IS SOLD SHALL BE USED FOR THE PURPOSE OF ACQUIRING THROUGH LEASE OR PURCHASE ADDITIONAL REAL AND PERSONAL PROPERTY IN CHARLESTON COUNTY WHICH SHALL BE USED FOR ATHLETIC, INTRAMURAL, OR SPORTS PROGRAMS OF THE COLLEGE, AND TO PROVIDE THAT THE PROCEEDS DERIVED FROM THIS SALE SHALL BE RETAINED BY THE COLLEGE AND USED TO REIMBURSE THE APPROPRIATION WHICH WAS USED TO FUND THIS PURCHASE.
A. The 1976 Code is amended by adding:
"Section 59-130-35. (A) Pursuant to item (4) of Section 59-130-30, the board of trustees of the College of Charleston, with the consent of the Budget and Control Board, is authorized to sell Remley's Point which it owns in Charleston County during fiscal year 1997-98 or thereafter for such price and under such terms and conditions as the board considers appropriate. The funds appropriated to the college for other operating expenses on line 13, Section 18E, Part I of this act, after this property is sold shall be used by the college for the purpose of acquiring through lease or purchase additional real and personal property in Charleston County which shall be used for athletic, intramural, or sports programs of the college. The proceeds derived from this sale shall be retained by the college and used to reimburse the appropriation which was used as provided above to fund this purchase.
(B) Remley's Point for purposes of this section is described as follows:
'All that certain piece, parcel or tract of land, situate, lying and being in Christ Church Parish in the County of Charleston, State aforesaid, containing 17.32 acres of highland and 15 acres of marshlands, be the same more or less, more particularly shown and delineated on a plat thereof entitled 'Plat of 17.32 acres in Christ Church Parish, Charleston County, State aforesaid conveyed by the Estates of W. A. Leland and W. R. Bonsal to the College of Charleston', surveyed August 6, 1975, by W. L. Gaillard, Surveyor.'
The property is further identified on Charleston County Tax Map 514-05-00 as parcel number 6."/
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Rep. H. BROWN explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 149 (Doc Name P:\AMEND\JIC\5293HTC.97), which was tabled.
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 6-1-72 SO AS TO REQUIRE AN AMOUNT EQUAL TO IMPACT FEES COLLECTED BY A COUNTY OR MUNICIPALITY TO BE REMITTED TO THE STATE TREASURER AND CREDITED TO THE GENERAL FUND OF THE STATE OR DEDUCTED FROM THE POLITICAL SUBDIVISIONS DISTRIBUTIONS UNDER AID TO SUBDIVISIONS.
A. CHAPTER 1, TITLE 6 OF THE 1976 CODE IS AMENDED BY ADDING:
"SECTION 6-1-72. THE GOVERNING BODY OF A COUNTY OR MUNICIPALITY WHICH IMPOSES AND COLLECTS ANY IMPACT FEE WHICH IS CHARGED WITH RESPECT TO DEVELOPMENT OF REAL PROPERTY SHALL, NOT LATER THAN TEN DAYS AFTER THE CLOSE OF A FISCAL YEAR QUARTER, REMIT TO THE STATE TREASURER AN AMOUNT EQUAL TO THE AMOUNT OF IMPACT FEES COLLECTED IN THE PREVIOUS FISCAL YEAR QUARTER. THECOUNTY OR MUNICIPALITY MAY VOLUNTARILY ELECT TO HAVE THE STATE TREASURER OR COMPTROLLER GENERAL, AS APPROPRIATE, DEDUCT THE AMOUNT REQUIRED TO BE REMITTED FROM ANY DISTRIBUTIONS AUTHORIZED TO BE MADE TO THE COUNTY OR MUNICIPALITY UNDER AID TO SUBDIVISIONS."
B. THIS SECTION TAKES EFFECT July 1, 1997./
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Rep. KIRSH explained the amendment.
Rep. KOON moved to table the amendment, which was agreed to.
Rep. TOWNSEND proposed the following Amendment No. 157 (Doc Name P:\AMEND\JIC\5805AC.97), which was tabled.
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 56-5-2995 SO AS TO REQUIRE TEN DOLLARS OF EVERY FINE ASSESSED FOR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUORS OR NARCOTICS OR OTHER DRUGS TO BE REMITTED TO AND DISTRIBUTED BY THE STATE TREASURER TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS FOR ITS HEAD AND SPINAL CORD INJURIES SPECIAL FAMILY SUPPORT PROGRAM.
Section 56-5-2995. Ten dollars of every fine assessed under this article must be remitted to the State Treasurer who must distribute these funds to the Department of Disabilities and Special Needs for the Head and Spinal Cord Injuries Special Family Support Program./
Renumber sections to conform.
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Rep. TOWNSEND explained the amendment.
Rep. R. SMITH raised the Point of Order that Amendment No. 157 was not germane to the Bill.
Rep. TOWNSEND argued contra.
SPEAKER WILKINS overruled the Point of Order.
Rep. TOWNSEND continued speaking.
Rep. FELDER raised the Point of Order that Amendment No. 157 was not germane to the Bill.
Rep. TOWNSEND argued contra.
SPEAKER WILKINS overruled the Point of Order.
Rep. FELDER spoke against the amendment.
Rep. TOWNSEND spoke in favor of the amendment.
Rep. FELDER moved to table the amendment.
Rep. DAVENPORT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Barfield Battle Beck Boan Bowers Brown, H. Campsen Cato Cave Chellis Cooper Cotty Cromer Dantzler Delleney Easterday Edge Felder Gamble Gourdine Harrell Hawkins Hinson Keegan Kelley Kinon Kirsh Knotts Koon Law Mason McCraw McKay McLeod McMahand McMaster Miller Neilson Parks Phillips Rhoad Rice Riser Rodgers Seithel Sharpe Sheheen Smith, D. Smith, F. Smith, R. Spearman Stuart Tripp Vaughn Whatley Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Barrett Bauer Baxley Brown, G. Brown, J. Brown, T. Davenport Fleming Hamilton Haskins Hines, J. Hines, M. Inabinett Jordan Klauber Leach Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Meacham Moody-Lawrence Neal Pinckney Quinn Sandifer Simrill Stille Stoddard Townsend Trotter Walker Webb Whipper Wilder Wilkes Woodrum Young
So, the amendment was tabled.
Rep. McLEOD proposed the following Amendment No. 161 (Doc Name P:\AMEND\GK.\20293AC.97), which was tabled.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding a new SECTION appropriately numbered to read:
TO AMEND SECTION 56-3-1230, AS AMENDED, OF THE 1976 CODE, RELATING TO MOTOR VEHICLE LICENSE PLATES, SO AS TO REQUIRE THE NAME OF THE COUNTY IN WHICH A VEHICLE IS REGISTERED AND PROPERTY TAXES ARE PAID BE PLACED ON LICENSE PLATES AND TO PROVIDE AN EXCEPTION.
A. Section 56-3-1230(A) of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"(A) A license plates plate must be at least six inches wide and not less than twelve inches in length and must show in bold characters the year of registration, the serial number, the full name or the abbreviation of the name of the State, the name of the county in which the vehicle is registered and property taxes are paid, and other distinctive markings the department may consider advisable to indicate the class of the weight of the vehicle for which the license plate was issued. The plate must be of a strength and quality to provide a minimum service of five years. There is no requirement for showing the name of the appropriate county on personalized and special plates. A new license plate including personalized and special plates must be provided by the department at intervals the department considers appropriate. A license plates plate issued for vehicles a vehicle in excess of twenty-six thousand pounds must be issued biennially, and no revalidation sticker may be issued for the plates. A license plates plate issued as permanent may be revalidated and replaced at intervals determined by the department."
B. This section takes effect upon approval by the Governor./
Renumber sections to conform.
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Rep. McLEOD explained the amendment.
Rep. QUINN raised the Point of Order that Amendment No. 161 was not germane to the Bill.
Rep. SIMRILL raised the Point of Order that Rep. Quinn was not in his seat.
SPEAKER WILKINS, in accordance with Rule 3.6, sustained the Point of Order.
Rep. QUINN raised the Point of Order that Amendment No. 161 was not germane to the Bill.
Rep. McLEOD argued contra.
SPEAKER WILKINS overruled the Point of Order.
Rep. McLEOD continued speaking.
Rep. QUINN moved to table the amendment, which was agreed to.
Rep. VAUGHN proposed the following Amendment No. 167 (Doc Name P:\AMEND\JIC\5797HTC.97), which was adopted.
Amend the bill, as and if amended, part ii, by adding an appropriately numbered SECTION to read:
/ SECTION ___
TO AMEND SECTION 56-3-2350, AS AMENDED, OF THE 1976 CODE, RELATING TO TRANSPORTER MOTOR VEHICLE LICENSE PLATES, SO AS TO LIMIT THEIR USE TO MOVEMENT OF MOTOR VEHICLES FROM A MANUFACTURER TO A DEALER OR DISTRIBUTOR, IN CONNECTION WITH THE CONSTRUCTION OF VEHICLE CABS OR BODIES, AND MOVING FORECLOSED OR REPOSSESSED VEHICLES AND TO PROHIBIT THE USE OF THESE PLATES ON VEHICLES LOANED, RENTED, OR LEASED TO EMPLOYEES OF THE TRANSPORTER OR ANY OTHER INDIVIDUALS.
Section 56-3-2350 of the 1976 Code, as amended by Act 497 of 1994, is further amended to read:
"Section 56-3-2350. A person engaged in a the business of limited operation of motor vehicles to facilitate the manufacture or the movement of vehicles from a manufacturer to a dealer or distributor, or for the move of vehicles to further the construction of cabs or bodies, or in connection with the foreclosure or repossession of these motor vehicles may apply to the department for special registration to be issued to and used by the person upon the following conditions:
(1) The application must be in a form prescribed by the department to include the applicable liability insurance as prescribed by statute and filed with the department each year. The application must include the name and residence address of the applicant as follows:
(a) if an individual, the name under which he intends to conduct business;
(b) if a partnership, the name and residence address of each member of the partnership and the name under which the business is to be conducted;
(c) if a corporation, the name and company addresses of the corporation and the name and residence address of each of its officers.
(2) The application must be certified by the applicant and by an agent of the department to verify the facts set forth in the application.
(3) The annual fee for registration is fifty dollars, plus an annual fee of ten dollars for each license plate.
(4) License plates authorized by this section must not be used on vehicles that are loaned, rented, or leased by the licensed transporter to employees or any other individuals."/
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Rep. VAUGHN explained the amendment.
Rep. STILLE proposed the following Amendment No. 177 (Doc Name P:\AMEND\DKA\4189DW.97), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 59-143-30 OF THE 1976 CODE, RELATING TO ALLOCATION OF FUNDS FROM THE CHILDREN'S EDUCATION ENDOWMENT TO INDEPENDENT COLLEGES FOR HIGHER EDUCATION TUITION GRANTS AND PALMETTO FELLOWS SCHOLARSHIPS, SO AS TO INCLUDE FOR PURPOSES OF THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, TWO YEAR INSTITUTIONS OF HIGHER EDUCATION ACCREDITED BY THE SOUTHERN ASSOCIATION OF COLLEGES AND SECONDARY SCHOOLS.
a. Section 59-143-30 of the 1976 Code is amended by adding:
"(6) In addition to the independent colleges participating in the Palmetto Fellows Scholarship Program, all two-year institutions of higher education accredited by the Southern Association of Colleges and Secondary Schools also are eligible to participate in the program."
B. This section takes effect upon approval by Governor./
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Rep. STILLE explained the amendment.
Rep. BOAN moved to table the amendment, which was agreed to by a division vote of 51 to 26.
Rep. BOWERS proposed the following Amendment No. 181 (Doc Name P:\AMEND\PSD\7126AC.97), which was tabled.
Amend the bill, as and if amended, PART II, by adding an appropriately numbered SECTION to read:
/TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 54 SO AS TO PROVIDE FOR THE ISSUANCE OF "SOUTH CAROLINA STATE PARKS: A GREAT EXPERIENCE" LICENSE PLATES, AND TO PROVIDE FOR THE DISBURSEMENT OF THE FEES COLLECTED.
A. Chapter 3, Title 56 of the 1976 Code is amended by adding:
South Carolina State Parks: A Great Experience License Plates
Section 56-3-5500. (A) The department may issue a special commerative 'South Carolina State Parks: A Great Experience' motor vehicle license plate to promote and contribute to the maintenance and operation of state parks. The department shall develop forms to be completed by the vehicle registrant upon purchase of the license plate which designates to which state park the portion of the license fee, pursuant to subsection (B), must be distributed.
(B) The biennial fee for the commerative license plate is seventy-two dollars. Twenty-four dollars of this amount must be deposited in the state general fund. Forty-eight dollars of this amount must be remitted to the State Treasurer for distribution to the state parks pursuant to the designations made by the vehicle registrants upon purchase of the license plates to promote and maintain the operation of the state parks.
(C) The commerative plate must be of the same size and general design of a regular motor vehicle license plate and must be imprinted with the words 'South Carolina State Parks: A Great Experience'. The plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued."
B. This section takes effect July 1, 1997./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOWERS explained the amendment.
Rep. H. BROWN moved to table the amendment, which was agreed to by a division vote of 40 to 39.
Rep. COBB-HUNTER proposed the following Amendment No. 187 (Doc Name P:\AMEND\GK.\20294AC.97), which was tabled.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding an appropriately numbered section to read:
Rep. COBB-HUNTER explained the amendment.
Rep. BOAN moved to table the amendment, which was agreed to.
Rep. WILKES proposed the following Amendment No. 189 (Doc Name P:\AMEND\PT\1002SD.97), which was rejected.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered 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 1, 1998.
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 1, 1998, 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 according to the following schedule:
(a) the sales tax on the gross proceeds of such sales shall be four percent beginning June 1, 1998;
(b) the sales tax on the gross proceeds of such sales shall be two percent beginning July 1, 1998; and
(c) the gross proceeds of such sales are exempt from the sales tax beginning July 1, 1999.
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."
C. Section 12-36-2120(24) of the 1976 Code, as last amended by Act 506 of 1994, is further amended to read:
"(24) supplies and machinery used by laundries, cleaning, dyeing, or pressing, or establishments and supplies and machinery used by garment or other textile rental establishments in the direct performance of their primary function, but not sales of supplies and machinery used by coin-operated laundromats;"
D. This section takes effect upon approval by the Governor, except that subsection C. takes effect on July 1, 1998./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WILKES explained the amendment.
Rep. HARRELL raised a Point of Order that Amendment No. 189 was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. WILKES continued speaking.
Rep. HARRELL spoke against the amendment.
Rep. WILKES spoke in favor of the amendment.
Rep. HARRELL moved to table the amendment.
Rep. WILKES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barrett Beck Boan Brown, H. Carnell Chellis Dantzler Fleming Harrell Harrison Haskins Hinson Keegan Kelley Kirsh Law Leach Limbaugh Littlejohn Maddox Martin Mason McCraw McKay McLeod McMaster Mullen Quinn Rice Rodgers Smith, D. Smith, R. Spearman Stuart Trotter Walker Webb Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Askins Bailey Barfield Battle Bauer Baxley Breeland Brown, G. Brown, J. Brown, T. Byrd Campsen Cato Cave Clyburn Cobb-Hunter Cooper Cotty Cromer Davenport Delleney Easterday Edge Felder Gamble Gourdine Govan Hamilton Harvin Hawkins Hines, J. Hines, M. Hodges Howard Inabinett Jennings Jordan Kennedy Kinon Knotts Koon Lee Limehouse Lloyd Loftis Mack McMahand Meacham Moody-Lawrence Neal Parks Phillips Pinckney Riser Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, F. Smith, J. Stoddard Tripp Vaughn Whatley Whipper Wilder Wilkes Young
So, the House refused to table the amendment.
Rep. H. BROWN spoke against the amendment.
Rep. HASKINS raised a Point of Order that Amendment No. 189 was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. H. BROWN continued speaking.
Reps. QUINN and HARRELL spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. WILKES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Battle Baxley Brown, G. Campsen Cooper Cotty Cromer Delleney Edge Gamble Hodges Koon Lee Limehouse Loftis Meacham Miller Rhoad Seithel Sheheen Simrill Stille Whatley Wilder Wilkes Young
Those who voted in the negative are:
Askins Bailey Barrett Bauer Beck Boan Bowers Breeland Brown, H. Brown, J. Byrd Cato Cave Chellis Clyburn Dantzler Easterday Fleming Gourdine Govan Hamilton Harrell Harrison Haskins Hawkins Hines, J. Hines, M. Hinson Howard Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Knotts Law Leach Limbaugh Littlejohn Lloyd Mack Maddox Martin Mason McCraw McKay McLeod McMahand McMaster Moody-Lawrence Mullen Neal Parks Phillips Pinckney Quinn Rice Riser Rodgers Sandifer Scott Smith, F. Smith, J. Smith, R. Spearman Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Wilkins Witherspoon Woodrum Young-Brickell
So, the amendment was rejected.
Reps. KLAUBER, KNOTTS, LIMBAUGH, WHATLEY and BAUER proposed the following Amendment No. 193 (Doc Name P:\AMEND\JIC\5800ac.97), 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 THE 1976 CODE BY ADDING SECTION 24-3-33 SO AS TO PROVIDE THAT CERTAIN PRISONERS MAY BE HOUSED IN TENTS.
A. This section may be cited as the "Prison Overcrowding Relief Act of 1997".
B. The 1976 Code is amended by adding:
"Section 24-3-33. (A) The Department of Corrections may use tents to house prisoners eligible for minimum custody confinement or work release.
(B) A person charged with the operation of a county jail or detention facility may use tents to house prisoners convicted of nonviolent offenses.
(C) The release of prisoners must not be ordered under a provision of the laws of this State, including Section 24-22-40, unless the department or a person charged with the operation of a county jail or detention facility has erected tents to house inmates eligible to be housed.
(D) If the department or a person charged with the operations of a county jail or detention facility elects to use tents to house inmates as provided in this section, a tent constructed or used must be subject to fire safety inspections by the State Fire Marshal under fire safety codes for structures housing the number of persons to be housed in each tent. The tents also are subject to food service, sanitation, and health safety inspections by the Department of Health and Environmental Control under food service, sanitation, and health safety codes for structures housing the number of persons to be housed in each tent."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. KLAUBER explained the amendment.
Rep. SCOTT raised a Point of Order that Amendment No. 193 was not germane to the Bill.
Rep. LIMBAUGH argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. D. SMITH proposed the following Amendment No. 194 (Doc Name P:\AMEND\BBM\9209CM.97), which was ruled out of order.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding an appropriately numbered section to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 16-3-1350 SO AS TO PROVIDE FOR MEDICAL EXAMINATIONS OF VICTIMS OF SEXUAL ASSAULTS; TO AMEND ARTICLE 15, CHAPTER 3, TITLE 16, RELATING TO THE VICTIM'S AND WITNESS'S BILL OF RIGHTS, SO AS TO DELETE THE PROVISIONS OF THIS ARTICLE AND REPLACE IT WITH PROVISIONS PROVIDING FOR VICTIM AND WITNESS SERVICES.
A. The 1976 code is amended by adding:
"SECTION 16-3-1350. (A) The State shall ensure that alleged victims of criminal sexual conduct in any degree or child sexual abuse shall not bear the cost of his or her routine medicolegal exam following the assault provided the victim has filed an incident report with a law enforcement agency.
(B) These exams must be standardized relevant to medical treatment and to gathering evidence from the body of the victim and must be based on and must meet minimum standards for rape exam protocol as developed by the South Carolina Law Enforcement Division and the South Carolina Hospital Association. These exams shall include treatment for venereal disease, and shall include medication for pregnancy prevention if indicated and if desired. The South Carolina Law Enforcement Division shall distribute these exam kits to any licensed health care facility providing sexual assault exams. When dealing with a victim of criminal sexual assault, the law enforcement agency shall immediately transport the victim to the nearest licensed health care facility which performs sexual assault exams. Any health care facility providing sexual assault exams shall use the standardized protocol described above.
(C) A licensed health care facility, upon completion of a routine sexual assault exam as described in subsection (B) above performed on an alleged victim of criminal sexual conduct in any degree or of child sexual abuse, provided the crime occurred in South Carolina, may file a claim for reimbursement directly to the South Carolina Crime Victim's Compensation Fund. The South Carolina Crime Victim's Compensation Fund must develop procedures for health care facilities to follow when filing a claim with respect to the privacy of the victim. Health care facility personnel shall obtain any information necessary for the claim at the time of the exam if possible. The South Carolina Crime Victim's Compensation Fund shall reimburse eligible health care facilities directly.
(D) there is hereby appropriated from the general fund of this State the sum of one hundred and ten thousand dollars to the South Carolina Victim's Compensation Fund for the purpose of compensating licensed health care facilities for the cost of routine medical exams for sexual assault victims as described above. For the purpose of this particular exam, the one hundred dollar deductible is waived for award eligibility under the fund. The South Carolina Victim's Compensation Fund shall develop appropriate guidelines and procedures and distribute them to law enforcement agencies and appropriate health care facilities."
B. ARTICLE 15, CHAPTER 3, TITLE 16 OF THE 1976 CODE, AS AMENDED, IS FURTHER AMENDED TO READ:
Section 16-3-1510. In recognition of the civic and moral duty of victims and witnesses of crime to fully and voluntarily cooperate with law enforcement and prosecutorial agencies, and in further recognition of the continuing importance of this citizen cooperation to state and local law enforcement efforts and to the general effectiveness and the well-being of the criminal justice system of this State, the General Assembly declares its intent, in this article, to ensure that all victims and witnesses of crime are treated with dignity, respect, courtesy, and sensitivity; that the rights extended in this article to victims and witnesses of crime are honored and protected by law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the protections afforded criminal defendants; and that the State has a responsibility to provide support to a network of services to victims of crime, including victims of domestic violence and criminal sexual assault.
Section 16-3-1520. For the purpose of this article, "witness" means any person who has been or is expected to be summoned to testify for either the prosecution or the defense or who by reason of having relevant information is subject to call or likely to be called as a witness for the prosecution or defense, whether or not any action or proceeding has yet been commenced.
Section 16-3-1530. This section is known and may be cited as the "Victim's and Witness's Bill of Rights". To the extent reasonably possible and subject to available resources, victims and witnesses of crime are afforded the following rights where applicable:
(A) VICTIMS AND WITNESSES HAVE A RIGHT TO BE TREATED WITH DIGNITY AND COMPASSION.
(1) A victim has a right to basic human services to meet emergency and long term needs caused by financial, physical, or psychological injury.
(2) A victim or witness has a right to be treated with dignity by human service professionals who provide basic assistance.
(3) A victim or witness has a right to receive courteous assistance as they cooperate with criminal justice personnel.
(B)(1) A victim has the right to be free from intimidation when involved in the criminal justice system.
(2) When the threat of damaging intimidation cannot be avoided, law enforcement agencies shall take measures to protect the victim or witness, including, but not be limited to, transportation to and from court and physical protection in the courthouse.
(3) The court shall provide the victim or witness courthouse waiting areas that are separate from those that will be used by the defendant, his or her family, or friends.
(4) If a witness is threatened, the solicitor shall, to the extent reasonably possible, attempt to prosecute the case.
(C) A victim or witness who wishes to receive notification and information shall provide the solicitor, the Department of Corrections, and the Department of Probation, Parole, and Pardon Services his current address and telephone number. This information, as it is contained in Department of Corrections and Department of Probation, Parole, and Pardon Services files, is privileged and must not be disclosed directly or indirectly, except between these two departments, or by order of a court of competent jurisdiction. The solicitor's office which is prosecuting the case has the responsibility of the rights in this subsection, except items (6) and (7) which are the responsibility of the Department of Probation, Parole, and Pardon Services and the Department of Corrections.
(1) victim or witness has a right to be informed about the procedures and practices of the criminal justice system.
(2) victim has a right to be informed of financial assistance and other social services available to victims and witnesses.
(3) A victim has a right to be informed of any compensation or fees to which they are entitled.
(4) A victim has a right to know the status and progress of his case from the police investigation to final disposition.
(5) A victim or prosecution witness has a right to be informed of a defendant's release on bail and to provide recommendations to the magistrate.
(6) A victim or prosecution witness has a right to be informed of post-sentence hearings affecting the probation or parole of the offender.
(7) A victim or prosecution witness has the right to be informed when the convicted offender receives a temporary, provisional, or final release from custody or the offender escapes from custody.
(8) Unless there is a judicial determination to restrict attendance, a victim or witness has the right to attend all hearings and procedures involving his case. A victim or prosecution witness has the right to be informed of all hearings and procedures in time to exercise his right to attend.
(9) A victim has the right to be informed of whatever rights to legal counsel are available to him in this State.
(10) A victim has the right to discuss his case with the prosecutor.
(11) A victim has a right to be informed of all available civil remedies respecting his case and to proceed in civil suits for recovery for damages if possible, including placing a lien on any profits received by the offender as a result of publication or media coverage resulting from the crime.
(12) A victim has the right to discuss his case with the solicitor or other prosecutor and be informed of any offers to plea bargain with the defendant.
(13) A victim or prosecution witness has the right to be notified in advance when a court proceeding has been rescheduled or cancelled.
(14) A witness has a right to be informed of financial assistance, compensation, or fees to which they are entitled.
(D)(1) A victim or witness has the right to receive a reasonable witness fee plus reimbursement for necessary out-of-pocket expenses associated with lawfully observing a subpoena. The court shall determine the rate of reimbursement and reimburse all eligible persons in a timely manner.
(2) A victim or his surviving dependents have the right to receive financial compensation for physical or emotional injuries suffered as a result of being a victim of a violent, bodily crime. The eligibility and award will be determined by the South Carolina Crime Victim's Compensation Fund.
(3) A victim has the right to receive restitution for expenses or property loss incurred as the result of the crime. The judge shall order restitution at every sentencing for a crime against person or property or as a condition of probation, unless the court finds a substantial and compelling reason not to order restitution. The court shall diligently, fairly, and in a timely manner enforce all orders of restitution.
(E)(1) A victim or witness has the right to respond to a subpoena without fear of retaliation or loss of wages from his employer. Victims and witnesses must be provided, where appropriate, employer and creditor intercession services by the solicitor who (a) shall seek employer cooperation in minimizing employees' loss of pay and other benefits resulting from their participation in the criminal justice process, and (b) shall seek consideration from creditors if the victim is unable, temporarily, to continue payments.
(2) A victim has the right to have recovered, or taken personal property returned as expeditiously as possible unless the property is contraband, property subject to evidentiary analysis, property the ownership of which is disputed, or the property is needed for law enforcement or prosecution purposes. The property must be returned by the court, the solicitor, or law enforcement agencies using photographs of property as evidence whenever possible.
(F) The court, the solicitor, and the defense shall recognize the rights due victims and witnesses and protect them as diligently as the defendant's rights.
(1) A victim has the right to participate in the criminal justice process directly or through representation.
(2) A victim or witness has the right to retain counsel with standing in court to represent him in cases involving the victim's reputation.
(3) A victim or witness has the right to a speedy disposition of the case so as to minimize the stress, cost, and inconvenience resulting from his involvement in a prosecution.
(G) The court shall treat "special" witnesses sensitively, using closed or taped sessions when appropriate. The solicitor or defense shall notify the court when a victim or witness deserves special consideration.
Section 16-3-1535. General law enforcement agencies shall provide crime victims, free of charge, a copy of the crime incident report relating to their case and a document which describes the statutory rights the State grants crime victims in criminal cases that list the local crime victim assistance providers. The statutory rights contained in this document shall include all rights contained in Section 16-3-1530.
Section 16-3-1540. Nothing in Section 16-3-1530 of this article creates a cause of action on behalf of any person against any public employee, public agency, the State, or any agency responsible for the enforcement of rights and provision of services set forth in this article.
Section 16-3-1550. (A) The provisions of this section govern the disposition of any offense within the jurisdiction of the General Sessions Court, excluding any crime for which a sentence of death is sought, in any case which involves an identified victim whose whereabouts are known.
(B) It is the responsibility of the solicitor's Victim or Witness Assistance Unit in each judicial circuit or a representative designated by the solicitor or law enforcement agency handling the case to advise all victims of their right to submit to the court, orally or in writing at the victim's option, a victim impact statement to be considered by the judge at the sentencing or disposition hearing in General Sessions Court and at a parole hearing. The solicitor's office or law enforcement agency shall provide a copy of the written form to any victim who wishes to make a written report. In cases where the solicitor determines that there has been extensive or significant impact on the life of the victim, the Victim or Witness Assistance Unit shall assist the victim in completing the form. The victim shall submit this statement to the solicitor's office within appropriate time limits set by the solicitor to be filed in the court records by the solicitor's office so it may be available to the defense for a reasonable period of time before sentencing. The court shall allow the defendant to have the opportunity to rebut the victim's written statement if the court decides to review any part of the statement before sentencing. If the defendant is incarcerated, the solicitor shall forward a copy of the impact statement and copies of all completed Victim/Witness Notification Requests to the Department of Corrections, the Department of Probation, Parole, and Pardon Services, and to the Probation, Parole, and Pardon Services Board. Solicitors shall begin using these victim impact statements no later than January 1, 1985.
(C) The Attorney General's Office shall develop a standard form for the victim impact statement. For this purpose, the Attorney General may seek the assistance of any other state agency or department in developing this form. The Attorney General's office shall distribute this form to all solicitor's offices no later than November 1, 1984.
(D) The victim impact statement shall:
(1) Identify the victim of the offense;
(2) Itemize any economic loss suffered by the victim as a result of the offense;
(3) Identify any physical and psychological injury suffered by the victim as a result of the offense, along with its seriousness and permanence;
(4) Describe any changes in the victim's personal welfare or familial relationships as a result of the offense;
(5) Identify any request for psychological services initiated by the victim or the victim's family as a result of offense;
(6) Contain any other information related to the impact of the offense upon the victim; and
(7) The original of the statement must be included in the court file with one copy for the solicitor and one copy for the victim.
(E) [Deleted]
(F) No sentence may be invalidated because of failure to comply with the provisions of this section. This section must not be construed to create any cause of action for monetary damages.
Section 16-3-1560. (A) The State shall ensure that alleged victims of criminal sexual conduct in any degree or child sexual abuse shall not bear the cost of his or her routine medicolegal exam following the assault provided the victim has filed an incident report with a law enforcement agency.
(B) These exams must be standardized relevant to medical treatment and to gathering evidence from the body of the victim and must be based on and must meet minimum standards for rape exam protocol as developed by the South Carolina Law Enforcement Division and the South Carolina Hospital Association. These exams shall include treatment for venereal disease, and shall include medication for pregnancy prevention if indicated and if desired. The South Carolina Law Enforcement Division shall distribute these exam kits to any licensed health care facility providing sexual assault exams. When dealing with a victim of criminal sexual assault, the law enforcement agency shall immediately transport the victim to the nearest licensed health care facility which performs sexual assault exams. Any health care facility providing sexual assault exams shall use the standardized protocol described above.
(C) A licensed health care facility, upon completion of a routine sexual assault exam as described in (B) above performed on an alleged victim of criminal sexual conduct in any degree or of child sexual abuse, provided the crime occurred in South Carolina, may file a claim for reimbursement directly to the South Carolina Crime Victim's Compensation Fund. The South Carolina Crime Victim's Compensation Fund must develop procedures for health care facilities to follow when filing a claim with respect to the privacy of the victim. Health care facility personnel shall obtain any information necessary for the claim at the time of the exam if possible. The South Carolina Crime Victim's Compensation Fund shall reimburse eligible health care facilities directly.
(D) There is hereby appropriated from the general fund of this State the sum of one hundred and ten thousand dollars to the South Carolina Victim's Compensation Fund for the purpose of compensating licensed health care facilities for the cost of routine medical exams for sexual assault victims as described above. For the purpose of this particular exam, the one hundred dollar deductible is waived for award eligibility under the fund. The South Carolina Victim's Compensation Fund shall develop appropriate guidelines and procedures and distribute them to law enforcement agencies and appropriate health care facilities.
(E) When the director determines that projected reimbursements in any fiscal year provided for in this section will exceed funds appropriated for payment of these reimbursements, he shall direct payment of additional services from the Victim's Compensation Fund.
Section 16-3-1505. In recognition of the civic and moral duty of victims and witnesses of crime fully and voluntarily to cooperate with law enforcement and prosecution agencies, and in further recognition of the continuing importance of this citizen cooperation to state and local law enforcement efforts and to the general effectiveness and the well-being of the criminal and juvenile justice systems of this State, and to implement the rights guaranteed to crime victims in the Constitution of this State, the General Assembly declares its intent, in this article, to ensure that all victims and witnesses of crime are treated with dignity, respect, courtesy, and sensitivity; that the rights and services extended in this article to victims and witnesses of crime are honored and protected by law enforcement agencies, prosecutors, witnesses of crime are honored and protected by law enforcement agencies, prosecutor, and judges in a manner no less vigorous than the protections afforded criminal defendants; and that the State has a responsibility to provide support to a network of services to victims of crime, including victims of domestic violence and criminal sexual assault.
Section 16-3-1510. For the purpose of this article:
(1) 'Victim' means a person who suffers direct or threatened physical, psychological, or financial harm as the result of the commission or attempted commission of a crime against him. The term victim also includes the person's spouse, parent, child, or lawful representative of a crime victim who is:
(a) deceased;
(b) a minor;
(c) incompetent;
(d) a homicide victim; or
(e) physically or psychologically incapacitated.
(2) 'Witness' means a person who has been or is expected to be summoned to testify for either the prosecution or defense or who by reason of having relevant information is subject to be called or likely to be called as a witness for the prosecution or defense, whether or not any action or proceeding has been commenced.
(3) 'Prosecuting agency' means the Solicitor, Attorney General, special prosecutor, or any other person or entity charged with the prosecution of a criminal case in General Sessions or Family Court.
(4) 'Summary court' means magistrate or municipal court.
(5) 'Initial crime incident report' means a uniform traffic accident report or a standardized incident report form completed at the time of an initial law enforcement response. This term does not include supplementary reports, investigative notes or reports, statements, letters, memos, other communications, measurements, sketches, diagrams, or any other material that may be produced by law enforcement officers or witnesses.
(6) 'In writing' means any written communication, including electronically transmitted data.
Section 16-3-1515. (A) A victim or prosecution witness who wishes to exercise his rights under this article or receive services under this article or both shall provide a law enforcement agency, a prosecuting agency, a summary court judge, the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, his legal name, current mailing address, and telephone number.
(B) A victim who wishes to receive restitution, within appropriate time limits set by the prosecuting agency or summary court judge, must provide the prosecuting agency or summary court judge with an itemized list, including values of property stolen, damaged or destroyed, property recovered, medical or counseling expenses, or both, income lost due to the crime, out-of-pocket expenses made necessary by the crime, and any other financial losses that may have been incurred, together with an itemization of financial recovery from insurance, the crime victims' compensation fund, or other sources. The prosecuting agency or court, or both, may require documentation of all claims. This information may be included in a written Victim Impact Statement.
(C) A victim who wishes to be present for any plea, trial, or sentencing shall notify the prosecuting agency or summary court judge of that desire. This notification may be included in a written Victim Impact Statement.
(D) A victim who wishes to submit a written Victim Impact Statement shall provide it to the prosecuting agency or summary court judge within appropriate time limits set by the prosecuting agency or summary court judge.
(E) A victim who wishes to make an oral Victim Impact Statement to the court at sentencing shall notify the prosecuting agency or summary court judge of this desire in advance of the sentencing.
Section 16-3-1520. (A) Law enforcement agencies shall provide crime victims, free of charge, a copy of the initial crime incident report relating to their case, and a document which:
(1) describes the constitutional rights the State grants victims in criminal cases;
(2) describes the responsibilities of victims in exercising these rights;
(3) lists the local crime victim assistance and social service providers;
(4) provides information on eligibility and application for crime victims compensation benefits; and
(5) provides information about the rights of individuals who are harassed or threatened.
(B) Law enforcement agencies, within a reasonable time of initial contact, shall assist each eligible victim in applying for crime victims compensation benefits and other available financial, social service, and counseling assistance.
(C) Law enforcement based victim advocates, upon request, may intervene with, and seek special consideration from, creditors of crime victims who are temporarily unable to continue payments due to a crime, and with the victim's employer, landlord, school, and other parties as appropriate through the investigative process.
(D) Law enforcement agencies, upon request, reasonably shall inform victims of the status and progress of their cases from initial incident through:
(1) disposition in summary court;
(2) the referral of a juvenile offender to the Department of Juvenile Justice; or
(3) transmittal of a general sessions warrant to the prosecuting agency.
Section 16-3-1525. (A) Law enforcement agencies, upon effecting the arrest or pickup of a person accused of committing a crime involving one or more victims, reasonably shall attempt to notify each victim of the arrest or pickup and of the appropriate bail, bond, or other pretrial release hearing or procedure.
(B) Law enforcement agencies, before making a decision about the release of a juvenile offender to his parent or guardian, shall make a reasonable effort to inform each victim of the juvenile offender.
(C) Law enforcement agencies, upon effecting the arrest or pickup of a person suspected of committing a crime involving one or more victims, shall provide to the jail, prison, detention, or holding facility having physical custody of the defendant, the names, mailing addresses, and telephone numbers of each victim. If the person is transferred to another facility, this information immediately must be transmitted to the receiving facility. The names, addresses, and telephone numbers of victims and witnesses contained in the files of a jail, prison, detention, or holding facility are confidential and may not be disclosed directly or indirectly, except as necessary to provide notifications.
(D) Law enforcement agencies, upon effecting the arrest or pickup of a juvenile suspected of committing a crime involving one or more victims, shall provide to the Department of Juvenile Justice the names, addresses, and telephone numbers of each victim.
(E) In all cases not under jurisdiction of a summary court and before a bond or release proceeding before a circuit or family court judge, after effecting the arrest or pickup of a person suspected of committing a crime and involving one or more victims, the arresting law enforcement agency shall provide, in writing, to the prosecuting agency the names, addresses, and telephone numbers of each victim.
(F) After arresting a person suspected of committing a crime under the jurisdiction of a summary court or subject to a preliminary hearing, and involving one or more victims, the arresting law enforcement agency shall provide, in writing to the summary court the names, mailing addresses, and telephone numbers of each victim.
(G) Law enforcement agencies shall provide the measures necessary to protect the victims and witnesses, including court transportation and physical protection in the courthouse.
(H) In cases in which a criminal defendant has bail or bond set by a summary court judge:
(1) the facility having custody of the defendant reasonably shall attempt to notify each victim related to the case of his right to attend the bond hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victims to exercise their rights contained in this article;
(2) the summary court judge, before proceeding with a bail or bond hearing in a case involving a victim, shall ask the facility representative to verify that a reasonable attempt was made to notify the victims sufficiently in advance to attend. If not, the hearing must be delayed for a reasonable time to allow notice; and
(3) the summary court judge shall impose bond conditions which, in his discretion, are sufficient to protect victims from harassment or intimidation by the defendant or persons acting on the defendant's behalf.
(I) In cases in which a criminal defendant will have a bond or bail matter heard by a circuit court judge:
(1) the prosecuting agency reasonably shall attempt to notify each victim related to the case of his right to attend the bond hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victims to exercise their rights contained in this article;
(2) the circuit court judge, before proceeding with a bail or bond matter in a case involving a victim, shall ask the prosecuting agency representative to verify that a reasonable attempt was made to notify the victims sufficiently in advance to attend. If not, the hearing must be delayed for a reasonable time to allow notice; and
(3) the circuit court judge shall impose bond conditions which, in his discretion, are sufficient to protect victims from harassment or intimidation by the defendant or persons acting on the defendant's behalf.
(J) In cases in which a criminal defendant will have a detention hearing before a family court judge:
(1) the prosecuting agency shall reasonably attempt to notify each victim related to the case of his right to attend the detention hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victims to exercise their rights in this regard;
(2) the family court judge, before proceeding with a detention hearing in a case involving a victim, must ask the prosecuting agency to verify that a reasonable attempt was made to notify the victims sufficiently in advance to attend. If not, the hearing must be delayed for a reasonable time to allow notice; and
(3) the family court judge, if he does not rule that the juvenile offender must be detained, shall impose release conditions which, in his discretion, are sufficient to protect victims from harassment or intimidation by the defendant or persons acting on the defendant's behalf.
(K) Upon scheduling a preliminary hearing in a case involving a victim, the summary court judge reasonably shall attempt to notify each victim related to the case of his right to attend.
Section 16-3-1530. (A) A jail, prison, detention, or holding facility having custody of a person accused of, convicted, or adjudicated guilty of committing a crime involving one or more victims reasonably shall attempt to notify each victim of any release of the person.
(B) A department or agency having custody or custodial supervision of a person accused of committing a crime involving one or more victims, reasonably shall attempt to notify each victim of an escape by the person.
(C) A department or agency having custody of a person accused or convicted or adjudicated guilty of committing a crime involving one or more victims, shall inform each victim, upon inquiry, of any transfer of the person.
(D) A department or agency having custody or custodial supervision of a person convicted or adjudicated guilty of committing a crime involving one or more victims shall reasonably attempt to notify each victim and prosecution witness of an escape by the person.
Section 16-3-1535. (A) The summary court, upon referral for disposition of charges against a person suspected of committing a crime involving one or more victims, shall reasonably attempt to notify each victim of his rights to:
(1) be present and participate in all hearings;
(2) be represented by counsel;
(3) pursue civil remedies; and
(4) submit an oral or written Victim Impact Statement, or both, for consideration by the summary court judge at disposition.
(B) The summary court shall provide to each victim who wishes to make a written Victim Impact Statement a form that solicits pertinent information regarding the crime, including:
(1) the victim's personal information and supplementary contact information;
(2) an itemized list of the victim's economic loss, and recovery from any insurance policy or any other source;
(3) details of physical or psychological injuries, or both, including their seriousness and permanence;
(4) a description of any changes in the victim's personal welfare or family relationships;
(5) identification of psychological services requested or obtained by the victim; and
(6) any other information the victim believes to be important and pertinent.
(C) The summary court judge shall inform a victim of the applicable procedures and practices of the court.
(D) The summary court judge shall reasonably attempt to notify each victim related to the case of each hearing, trial, or other proceeding.
(E) Law enforcement agencies and the summary court shall return to a victim personal property recovered or taken as evidence as expeditiously as possible, substituting photographs of the property and itemized lists of the property including serial numbers and unique identifying characteristics for use as evidence wherever possible.
(F) The summary court judge shall recognize and protect the rights of victims and witnesses as diligently as those of the defendant.
Section 16-3-1540. (A) The Department of Juvenile Justice, upon referral of a juvenile suspected of committing a crime involving one or more victims, shall make a reasonable effort to confer with each victim before placing the juvenile in a diversion program, issuing a recommendation for diversion, referring him to the prosecuting agency for prosecution, issuing a recommendation for evaluation at the agency's reception and evaluation center, or taking any other action.
(B) The Department of Juvenile Justice shall keep each victim reasonably informed of the status and progress of a case from the time it is referred by law enforcement until it is referred to the prosecuting agency.
Section 16-3-1545. (A) The prosecuting agency, when a juvenile case is referred to it, or a general sessions charge is received by it involving one or more victims, reasonably shall attempt to notify each victim of his right to submit an oral or written Victim Impact Statement, or both, for consideration by the circuit or family court judge at the proceeding to dispose of the case and that written victim impact statements may be submitted at any postadjudication proceedings by the Department of Corrections, Department of Probation, Parole, and Pardon Services, Board of Juvenile Parole, or Department of Juvenile Justice. The prosecuting agency shall provide to each victim who wishes to make a written victim impact statement a form that solicits pertinent information regarding the crime that may include:
(1) the victim's personal information and supplementary contact information;
(2) an itemization of the victim's economic loss, and recovery from any insurance policy or another source;
(3) details of physical or psychological injuries, or both, including their seriousness and permanence;
(4) a description of any changes in the victim's personal welfare or family relationships;
(5) identification of psychological services requested or obtained by the victim; and
(6) any other information the victim believes to be important and pertinent.
(B) The prosecuting agency shall offer the victim assistance in preparing a comprehensive victim impact statement, and assistance in reviewing and updating the statement as appropriate before the case is disposed.
(C) The prosecuting agency shall inform victims and witnesses of the applicable procedures and practices of the criminal or juvenile justice system, or both.
(D) The prosecuting agency shall inform each victim of his right to legal counsel and of any available civil remedies.
(E) Law enforcement agencies, the prosecuting agency, and the circuit and family courts shall return to a victim personal property recovered or taken as evidence as expeditiously as possible, substituting photographs of the property, and itemized lists of the property including serial numbers and unique identifying characteristics to use as evidence wherever possible.
(F) The prosecuting agency shall inform victims and prosecution witnesses of financial assistance, compensation, or fees to which they may be entitled, and shall offer to the victims and witnesses assistance with applications for these items.
(G) The prosecuting agency, upon request, shall keep each victim reasonably informed of the status and progress of a case, with the exception of preliminary hearings, from the time a juvenile case is referred to, or a general sessions charge is received by the prosecuting agency through disposition of the case in general sessions or family court.
(H) The prosecuting agency shall confer with each victim regarding decisions that will impact on its handling and disposition of a case to include, but not be limited to, diversions and plea negotiations, and shall discuss the case fully with the victim.
(I) The prosecuting agency shall reasonably attempt to notify each victim related to the case of each hearing, trial, or other proceeding. This notification must be made sufficiently in advance to allow the victims to exercise their rights contained in this article. When proceedings are canceled or rescheduled, the prosecuting agency shall reasonably attempt to inform victims and witnesses in a timely manner.
(J) The prosecuting agency victim advocate may, upon request, intercede with, and seek special consideration from, employers of victims and witnesses to prevent loss of pay or benefits, or both, resulting from their participation in the criminal juvenile justice system, or both, and with the victim's creditors, landlord, school, and other parties as appropriate throughout the prosecution process.
(K) If a victim or witness is threatened, the prosecuting agency immediately shall refer the incident to the appropriate law enforcement agency for prompt investigation and reasonably attempt to prosecute the case.
(L) The prosecuting agency shall take reasonable and appropriate steps to minimize inconvenience to victims and witnesses throughout court preparation and court proceedings, and shall familiarize victims and witnesses with courtroom procedure and protocol.
(M) The prosecuting agency shall refer victims, as appropriate, to counselors, social service agencies, and victim assistance providers.
Section 16-3-1550. (A) Employers of crime victims and witnesses shall not retaliate against or suspend or reduce the wages and benefits of a victim or witness who lawfully responds to a subpoena. Wilful violation of this provision constitutes contempt of court.
(B) A person shall not be sequestered from a proceeding adjudicating a crime in which he was a victim.
(C) The circuit or family court shall provide victims and prosecution witnesses waiting areas separate from those used by the defendant and defense witnesses. The prosecuting agency and law enforcement shall assist in minimizing contact between prosecution and defense parties as much as possible.
(D) The circuit or family court judge shall recognize and protect the rights of victims and witnesses as diligently as those of the defendant. A circuit or family court judge, before proceeding with a trial, plea, sentencing, or other dispositive hearing, in a case involving a victim, shall ask the prosecuting agency to verify that a reasonable attempt was made to notify the victims sufficiently in advance to attend. If a reasonable attempt was not made to notify the victims, the hearing must be delayed for a reasonable time to notify the victims.
(E) The circuit or family court shall treat special witnesses, including those who are very young, elderly, handicapped, or who have special needs, sensitively, using closed or taped sessions when appropriate. The prosecuting agency or defense attorney shall notify the court when a victim or witness deserves special consideration.
(F) The circuit or family court shall hear or review any victim impact statement, whether written or oral, before sentencing. The prosecuting agency shall make available to the defense, for a reasonable period of time before sentencing, any written victim impact statement submitted by the victim, and the court shall allow the defense the opportunity for response. However, the victim impact statement shall not be provided to the defense until the defendant has been determined guilty by a judge or jury. The victim impact statement and its contents shall not be admissible as evidence in any trial.
(G) The circuit and family court shall address the issue of restitution as provided by statute.
Section 16-3-1555. (A) The circuit or family court shall order, in a timely manner, reasonable witness fees and reimbursement of expenses to victims and witnesses.
(B) The prosecuting agency shall forward, as appropriate and within a reasonable time, a copy of each victim's victim impact statement, or the name, mailing address, and telephone number of each victim, or both, to the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice. The names, addresses, and telephone numbers of victims and prosecution witnesses contained in the records of the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, and Department of Juvenile Justice, are confidential and must not be disclosed directly or indirectly, except as necessary to provide notifications or services, or both, between these agencies and the prosecuting agency, between these agencies and the Attorney General, between the Department of Corrections and the Department of Probation, Parole, and Pardon, the Board of Juvenile Parole, the Department of Mental Health, or the Department of Juvenile Justice, or by order of a court of competent jurisdiction.
(C) The prosecuting agency shall file with an indictment a copy of a written victim impact statement with the victim's personal information deleted.
(D) The prosecuting agency shall inform the victim and prosecution witnesses of their responsibility to provide the prosecuting agency, the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, the Department of Juvenile Justice, or the Attorney General, as appropriate, his legal name, current address, and telephone number.
(E) The prosecuting agency shall inform the victim regarding collection of restitution, fees, and expenses, the recovery of property used as evidence, and how to contact the Department of Corrections, the Board of Juvenile Parole, the Department of Probation, Parole, and Pardon Services, the Department of Juvenile Justice, or the Attorney General, as appropriate.
Section 16-3-1560. (A) The Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice reasonably shall attempt to notify each victim of post-sentence hearings or proceedings affecting the probation, parole, or release of the offender, and of the victim's right to attend and comment at these proceedings. This notification must be made sufficiently in advance to allow the victims to exercise their rights in this regard.
(B) The Attorney General shall, upon receiving notice of appeal or other post-conviction action by an offender convicted or adjudicated guilty of committing a crime involving one or more victims, shall request from the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, the victim's personal information.
(C) The Department of Corrections, the Department of probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, upon receipt of request for the victim's personal information from the Attorney General in an appeal or post-conviction action case, shall supply the requested information within a reasonable period.
(D) The Attorney General shall confer with victims regarding the appeal and other post-conviction actions of the offender.
(E) The Attorney General shall keep each victim reasonably informed of the status and progress of the appeal or other post-conviction action until its ultimate resolution.
(F) The Attorney General reasonably shall attempt to notify victims of all post-conviction hearings and proceedings, and of the victim's right to attend. This notification must be made sufficiently in advance to allow the victims to exercise their rights in this regard.
Section 16-3-1565. (A) Nothing in this article creates a cause of action on behalf of a person against a public employee, public agency, the State, or an agency responsible for the enforcement or rights and provision of services set forth in this article.
(B) A sentence shall not be invalidated because of failure to comply with the provisions of this article. This article must not be construed to create a cause of action for monetary damages."
C. This section takes effect July 1, 1997./
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Rep. D. SMITH explained the amendment.
Rep. SCOTT raised a Point of Order that Amendment No. 194 was not germane to the Bill.
Rep. D. SMITH argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. KENNEDY proposed the following Amendment No. 206 (Doc Name P:\AMEND\JIC\5804HTC.97), which was tabled.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding a new SECTION appropriately numbered to read:
Rep. KENNEDY explained the amendment.
Rep. KENNEDY continued speaking.
Rep. LAW raised a Point of Order that Amendment No. 206 was not germane to the Bill.
Rep. KENNEDY argued contra in that it was related to a line item on page 419 of Part I.
SPEAKER Pro Tempore HASKINS overruled the Point of Order.
Rep. LAW moved to table the amendment, which was agreed to by a division vote of 57 to 8.
Rep. GOVAN proposed the following Amendment No. 210 (Doc Name P:\AMEND\GJK\20306HTC.97), which was tabled.
Amend the bill, as and if amended, PART II, PERMANENT PROVISION, by adding a new SECTION appropriately numbered to read:
TO AMEND SECTIONS 9-1-1510 AND 9-1-1550, BOTH AS AMENDED, of the 1976 CODE, RELATING TO THE YEARS OF CREDITED SERVICE, AGE, AND CALCULATION OF BENEFITS FOR PURPOSES OF SERVICE RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO ALLOW SERVICE RETIREMENT AT ANY AGE WITHOUT A REDUCTION IN BENEFITS AFTER TWENTY-FIVE YEARS OF CREDITABLE SERVICE; TO AMEND SECTION 9-1-1220, AS AMENDED, RELATING TO EMPLOYER CONTRIBUTIONS REQUIRED FOR COVERED EMPLOYEES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE THE EMPLOYER CONTRIBUTION RATE BY 1.6 PERCENT OF PAYROLL, TO REQUIRE STATE EMPLOYEES AND SCHOOL TEACHERS RETIRING AFTER JUNE 30, 1997, AND BEFORE JULY, 1999, WHO HAVE NOT ATTAINED AGE SIXTY-FIVE AS OF THE DATE OF RETIREMENT AND WHO HAVE LESS THAN THIRTY YEARS' SERVICE AS OF THAT DATE AND WHO RECEIVE AN UNREDUCED SERVICE RETIREMENT BENEFIT TO HAVE WITHHELD FROM THEIR BENEFITS THROUGH JUNE 30, 1999, AN AMOUNT EQUAL TO ONE-HALF OF THE STATE-PAID PREMIUM FOR A COVERED EMPLOYEE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS AND TO REQUIRE THESE WITHHELD AMOUNTS TO BE CREDITED TO THE GENERAL FUND OF THE STATE, TO PROVIDE THAT THE 1.6 PERCENT ADDITIONAL EMPLOYER CONTRIBUTION IS CONSIDERED A BASE PAY INCREASE IN THAT AMOUNT FOR PURPOSES OF THE STATE EMPLOYEE PAY PLAN FOR FISCAL YEAR 1997-98 AND TO CONSIDER THIS INCREASE SALARY FOR PURPOSES OF CALCULATING THE SOUTHEASTERN AVERAGE FOR TEACHER COMPENSATION, AND TO MAKE THIS ACT EFFECTIVE ONLY IF FUNDS ARE APPROPRIATED IN THE FISCAL YEAR 1997-98 GENERAL APPROPRIATIONS ACT TO PROVIDE A BASE PAY INCREASE OF AT LEAST 1.6 PERCENT FOR STATE EMPLOYEES; AND TO REPEAL SECTIONS 9-1-1515 AND 9-1-1850, RELATING TO EARLY RETIREMENT PROVISIONS MADE OBSOLETE BY THIS SECTION.
A. The first paragraph of Section 9-1-1510 of the 1976 Code is amended to read:
"Any A member may retire upon written application to the board setting forth at what time, not more than ninety days prior before nor more than six months subsequent to after the execution and filing thereof of the application, he desires to be retired, if such the member at the time so specified for his service retirement shall have has attained the age of sixty years or shall have has thirty twenty-five or more years of creditable service and shall have has separated from service and, if the time so specified is subsequent to after the date of application, notwithstanding that, during such the period of notification, he may have separated from service."
B. Subsections (A) and (B) of Section 9-1-1550 of the 1976 Code, as last amended by Act 189 of 1989, are further amended to read:
"(A) Upon retirement from service on or after July 1, 1964, a Class One member shall receive a service retirement allowance which shall consist of:
(1) An employee annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement; and
(2) An employer annuity equal to the employee annuity allowable at the age of sixty-five years or at age of retirement, whichever is less, computed on the basis of contributions made prior to the age of sixty-five years; and
(3) If he has a prior service certificate in full force and effect, an additional employer annuity which must be equal to the employee annuity which would have been provided at age sixty-five or at age of retirement, whichever is less, by twice the contributions which he would have made during his entire period of prior service had the system been in operation and had he contributed thereunder during such entire period.
Upon retirement from service on or after July 1, 1989 1997, a Class One member shall receive a service retirement allowance computed as follows: If the member's service retirement date occurs on or after his sixty-fifth birthday, or after he has completed thirty twenty-five or more years of creditable service, the allowance must be equal to one and forty-five hundredths percent of his average final compensation multiplied by the number of years of his creditable service.
If the member's service retirement date occurs before his sixty-fifth birthday and before he completes thirty twenty-five years of creditable service, his service retirement allowance is computed as above, but is reduced by five-twelfths of one percent thereof for each month by which his retirement date precedes the first day of the month, prorated for periods less than a month, coincident with or next following his sixty-fifth birthday.
Notwithstanding the foregoing provisions, any Class One member who retires on or subsequent to July 1, 1976, shall receive not less than the benefit provided under the formula in effect before July 1, 1976.
(B) Upon retirement from service on or after July 1, 1989 1997, a Class Two member shall receive a service retirement allowance computed as follows:
(1) If the member's service retirement date occurs on or after his sixty-fifth birthday or after he has completed thirty twenty-five or more years of creditable service, the allowance must be equal to one and eighty-two hundredths percent of his average final compensation, multiplied by the number of years of his creditable service.
(2) If the member's service retirement date occurs before his sixty-fifth birthday and before he completes the thirty twenty-five years of creditable service, his service retirement allowance is computed as in item (1) above but is reduced by five-twelfths of one percent thereof for each month, prorated for periods less than a month, by which his retirement date precedes the first day of the month coincident with or next following his sixty-fifth birthday.
(3) Notwithstanding the foregoing provisions, a Class Two member whose creditable service began before July 1, 1964, shall receive not less than the benefit provided by subsection (A) of this section."
C. Section 9-1-1220 of the 1976 Code, as last amended by Act 189 of 1989, is further amended by adding a new paragraph at the end to read:
"Effective July 1, 1997, the State Budget and Control Board shall increase the employer contribution rate for the South Carolina Retirement System by 1.6 percent."
D. (A) Notwithstanding the provisions of Section 1-11-730 of the 1976 Code, state employee and public school employee members of the South Carolina Retirement System retiring after June 30, 1997, who have less than thirty years credited service and who have not as of the date of their retirement attained the age of sixty-five years and who receive an unreduced service retirement benefit must have deducted from their benefits through June 30, 1999, an amount equal to one-half of the state-paid premium for a covered employee in the state health and dental insurance plans. Amounts so withheld must be credited to the general fund of the State.
(B) For state employees, the 1.6 percent increase in employer retirement contributions must be considered a base pay increase in that amount for purposes of the state employee pay plan in the general appropriations bill for 1997-98, but only if there is appropriated in the general appropriations act for fiscal year 1997-98 for the state employee pay plan funds sufficient to provide a base pay increase of at least 1.6 percent effective July 1, 1997. Additionally, in the case of school teachers, this increased employer contribution is considered salary for purposes of calculating the southeastern average for teacher compensation.
E. Sections 9-1-1515 and 9-1-1850 of the 1976 Code are repealed with respect to members of the South Carolina Retirement System retiring after June 30, 1997.
F. This section takes effect July 1, 1997./
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Rep. GOVAN explained the amendment.
Rep. H. BROWN moved to table the amendment, which was agreed to.
Reps. KOON, QUINN, SEITHEL, WEBB, LIMBAUGH, HARVIN, KENNEDY, RHOAD, WITHERSPOON, RISER, WHATLEY and LIMEHOUSE proposed the following Amendment No. 212 (Doc Name P:\AMEND\PSD\7125AC.97), which was adopted.
Amend the bill, as and if amended, Part ii, by adding an appropriately numbered SECTION to read:
TO AMEND Act 152 OF 1995 RELATING TO THE SOUTH CAROLINA COMMISSION ON SPORTING DOGS AND FIELD TRIALS SO AS TO REQUIRE THE COMMISSION TO DEVELOP FEES FOR FACILITY USE AND DOG ENTRIES IN ORDER TO ENABLE THE H. COOPER BLACK, JR. MEMORIAL FIELD TRIAL RECREATIONAL AREA TO BE SELFSUSTAINING AND TO PROVIDE FOR AND TO REQUIRE A REPORT ON THE COLLECTION AND USE OF THESE FEES.
Section 1. (C) Act 152 of 1995 is amended by adding at the end:
The Sstate plan shall include a fee schedule including, but not limited to a facility use fee, dog entry fees, and any other fees the commission deems necessary to enable the H. Cooper Black, Jr. Memorial Field Trial and Recreational area to be selfsustaining by 1998.
These fees are in addition to the utility fee charged by the S. C. Forestry Commission. Revenue received will be deposited in the H. Cooper Black, Jr. Memorial Field Trial and Recreational Area line item within the S. C. Forestry's Commission'S budget and will be used cooperately with the Department OF Natural Resources and Parks, Recreation and Tourism for personal service funds, infrastructure, maintenance, enhancement and operation of the field trial area program in conjunction with the commission. A report of fees collected and disbursements made during FY 97-98 must be made to the House Ways and Means Committee and the Senate Finance Committee by August 31, 1998.
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Rep. KOON explained the amendment.
Rep. BAXLEY raised a Point of Order that Amendment No. 212 was not germane to the Bill.
Rep. KOON argued contra.
SPEAKER WILKINS overruled the Point of Order.
Rep. KOON continued speaking.
Rep. BAXLEY spoke against the amendment.
The SPEAKER granted Rep. J. HINES a leave of absence.
Rep. BAXLEY moved to table the amendment.
Rep. KENNEDY demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 43 to 48.
The question then recurred to the adoption of the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bauer Beck Brown, H. Byrd Campsen Cave Chellis Cobb-Hunter Cotty Cromer Felder Gamble Gourdine Harrell Harrison Hinson Howard Keegan Kennedy Knotts Koon Law Limbaugh Littlejohn Lloyd Loftis Martin Mason McKay McMaster Neal Quinn Rhoad Rice Riser Rodgers Sandifer Scott Seithel Sharpe Smith, D. Smith, R. Spearman Stuart Townsend Trotter Walker Webb Whatley Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Askins Bailey Battle Baxley Boan Breeland Brown, G. Brown, T. Cato Clyburn Dantzler Davenport Delleney Easterday Edge Fleming Hamilton Haskins Hawkins Hines, M. Hodges Jennings Jordan Kinon Kirsh Leach Lee Mack Maddox McCraw McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neilson Parks Phillips Pinckney Sheheen Simrill Smith, J. Stoddard Tripp Whipper Wilder Wilkes
So, the amendment was adopted.
Reps. TOWNSEND and HARRELL proposed the following Amendment No. 226 (Doc Name P:\AMEND\GJK\20317SD.97), which was adopted.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding a new SECTION appropriately numbered to read:
TO AMEND SECTION 59-20-20, AS AMENDED, OF THE 1976 CODE, RELATING TO THE "INDEX OF TAXPAYING ABILITY" FOR PURPOSES OF THE EDUCATION FINANCE ACT, SO AS TO PROVIDE THAT FOR PURPOSES OF DISBURSING EFA FUNDING PROVIDED IN SECTION 19, PART I, OF THIS ACT AND FOR PURPOSES OF THE INDEX OF TAXPAYING ABILITY, THE VALUE OF A FEE IN LIEU OF TAXES SHALL BE COMPUTED IN A CERTAIN MANNER.
Section 59-20-20(3) of the 1976 Code, is further amended by adding a new paragraph at the end to read:
"For purposes of disbursing efa funding provided on line 21, section 19, part I, of this act and for purposes of the index of taxpaying ability, the value of a fee in lieu of taxes shall be computed by the department of Revenue by basing the computation on the net fee received and retained by the school district. The value thus computed shall not be inflated by any portion of the fee shared with or used by any other local taxing authority."/
Renumber sections to conform.
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Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
The SPEAKER granted Rep. M. HINES a leave of absence.
Rep. CAMPSEN proposed the following Amendment No. 232 (Doc Name P:\AMEND\PT\1003SD.97), which was tabled.
Amend the bill, as and if amended, Part II, by adding a new section appropriately numbered to read:
Rep. CAMPSEN explained the amendment.
Rep. FELDER raised a Point of Order that Amendment No. 232 was not germane to the Bill.
Rep. CAMPSEN argued contra in that it was related to line 9, page 138 of Part IA.
SPEAKER WILKINS overruled the Point of Order.
Rep. CAMPSEN continued speaking.
Rep. FELDER moved to table the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Felder Fleming Gourdine Harrell Harrison Hinson Howard Inabinett Jennings Jordan Kelley Kennedy Kinon Kirsh Knotts Koon Law Lee Lloyd Maddox Martin McCraw McKay McLeod McMahand McMaster Moody-Lawrence Mullen Neal Parks Pinckney Rhoad Riser Rodgers Scott Sharpe Smith, F. Spearman Stoddard Stuart Townsend Trotter Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon
Those who voted in the negative are:
Altman Barfield Barrett Battle Bauer Beck Brown, H. Campsen Carnell Cato Davenport Delleney Easterday Edge Gamble Hamilton Haskins Hawkins Keegan Klauber Leach Limbaugh Littlejohn Loftis Mason Meacham Miller Neilson Phillips Rice Sandifer Seithel Sheheen Simrill Smith, J. Smith, R. Tripp Vaughn Walker Woodrum Young
So, the amendment was tabled.
Rep. HASKINS proposed the following Amendment No. 233 (Doc Name P:\AMEND\DKA\4194AC.97), 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 THE 1976 CODE BY ADDING SECTION 6-1-72 SO AS TO REQUIRE LOCAL GOVERNING BODIES WHICH COLLECTED REAL ESTATE TRANSFER FEES BUT FAILED TO REMIT THEM AS REQUIRED BY LAW TO REFUND THESE FEES TO THE PERSONS WHO PAID THE FEES AND TO REQUIRE THE STATE TREASURER TO DISTRIBUTE TO LOCAL GOVERNING BODIES WHICH COLLECTED AND REMITTED REAL ESTATE TRANSFER FEES AS REQUIRED BY LAW THESE FEES TO BE REFUNDED TO THOSE PERSONS WHO PAID THE FEES.
A. The 1976 Code is amended by adding:
"Section 6-1-72. Local governing bodies which, beginning July 1, 1994, assessed and collected real estate transfer fees but failed to remit them to the State Treasurer pursuant to Section 6-1-70 shall promptly refund the fees collected to the persons who paid them, regardless of whether or not the collected funds have already been expended. The State Treasurer shall distribute to those local governing bodies which, beginning July 1, 1994, assessed and collected real estate transfer fees, all collected funds remitted to the State Treasurer or withheld by the State Treasurer from appropriations from Aid to Subdivisions, pursuant to Section 6-1-70, and those local governing bodies shall promptly refund the fees collected to the persons who paid them."
B. This section takes effect July 1, 1997./
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Rep. HASKINS explained the amendment.
Rep. SCOTT raised a Point of Order that Amendment No. 233 was not germane to the Bill.
Rep. HASKINS argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. YOUNG moved to reconsider the vote whereby Amendment No. 181 in Part II was tabled and the motion was noted.
Rep. FLEMING proposed the following Amendment No. 234 (Doc Name P:\AMEND\PSD\7118AC.97), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 51-23-30 OF THE 1976 CODE, RELATING TO GRANT FUNDS FOR PARKS AND RECREATION FACILITIES, SO AS TO ALLOW UNSPENT GRANT FUNDS TO BE CARRIED FORWARD FOR TEN YEARS INSTEAD OF THREE YEARS.
The department shall devise and administer a noncompetitive program of grants to eligible entities within each county area for planning and development for of new parks and recreation facilities or renovations of existing facilities. Grant funds may not be used to supplant existing funding for parks and recreation purposes nor may they be used to retire indebtedness incurred prior to before July 1, 1988. Grant awards must be made by the department according to criteria and administrative guidelines it shall develop develops and furnish furnishes to potential grant applicants. All grants must be in the form of reimbursements and no a grant may not be awarded unless the grantee matches the grant in an amount equal to at least twenty percent of the grant. All grant applications must be submitted in writing and signed by a majority of the members of the legislative delegation representing the eligible entity applying for the grant. Unexpended grant funds in any account may be carried forward for not more than three seven succeeding fiscal years, after which any.Then unexpended funds must be reallocated on a statewide basis in the next fiscal year as part of the distribution to the Fund for that year."
Renumber sections to conform.
Amend totals and title to conform.
Rep. FLEMING explained the amendment.
The SPEAKER granted Rep. EDGE a temporary leave of absence.
Rep. SCOTT raised a Point of Order that Amendment No. 234 was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. FLEMING continued speaking.
Rep. WILKES spoke in favor of the amendment.
Rep. KOON moved to table the amendment.
Rep. FLEMING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, H. Campsen Chellis Gourdine Harrell Kirsh Koon Law Quinn Riser Stuart
Those who voted in the negative are:
Allison Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cooper Cotty Cromer Dantzler Davenport Delleney Felder Fleming Gamble Govan Hamilton Harrison Haskins Hawkins Hinson Inabinett Jennings Jordan Keegan Kennedy Kinon Klauber Knotts Leach Lee Littlejohn Lloyd Loftis Mack Martin Mason McCraw McLeod McMaster Moody-Lawrence Mullen Neal Neilson Parks Phillips Pinckney Rhoad Rice Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, J. Smith, R. Spearman Stoddard Townsend Tripp Trotter Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. WILKES proposed the following Amendment No. 237 (Doc Name P:\AMEND\BBM\9223JM.97), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
Rep. WILKES explained the amendment.
Rep. H. BROWN spoke against the amendment.
Rep. WILKES spoke in favor of the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. WILKES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Barfield Barrett Bauer Beck Boan Bowers Brown, H. Brown, J. Byrd Cato Cave Chellis Dantzler Davenport Easterday Gourdine Govan Hamilton Harrell Harrison Hawkins Hinson Hodges Inabinett Jennings Jordan Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Lee Littlejohn Lloyd Maddox Martin Mason McLeod McMaster Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Quinn Rice Riser Rodgers Sandifer Smith, R. Spearman Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Altman Askins Battle Campsen Cotty Cromer Delleney Felder Gamble Kinon Meacham Rhoad Seithel Sharpe Sheheen Simrill Whatley Wilder Wilkes Young
So, the amendment was tabled.
Reps. KNOTTS and WHATLEY proposed the following Amendment No. 240 (Doc Name P:\AMEND\BBM\9225AC.97), which was adopted.
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE BY ADDING ARTICLE 52 SO AS TO PROVIDE FOR CHARTER LIMOUSINE LICENSE PLATES, TO ESTABLISH A TWENTY-FIVE DOLLAR FEE FOR SUCH PLATES, AND TO PROVIDE FUNDING FOR PROCESSING DOCUMENTS RELATED TO ACQUIRING THESE PLATES.
A. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-5300. (A) In addition to complying with any other registration and license fee requirement contained in this chapter, a 'charter limousine' regulated by the South Carolina Public Service Commission must acquire a special license plate from the Department of Public Safety upon submission of proof that the charter limousine is certified as a 'Class C Charter Limousine' by the commission.
(B) The biennial fee for this special license plate is twenty-five dollars.
(C) Of the funds appropriated to the Public Service Commission in the Annual Appropriations Act for 1997-1998 and subsequent years for Operations/Administration, Other Operating Expenses, sufficient funds must be used to process documents providing proof that the charter limousine is certified as a 'Class C Charter Limousine' as required by subsection (A).
B. This section takes effect July 1, 1997./
Renumber sections to conform.
Amend totals to conform.
Rep. KNOTTS explained the amendment.
Rep. KIRSH moved to table the amendment, which was not agreed to by a division vote of 40 to 44.
The question then recurred to the adoption of the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Barrett Baxley Beck Brown, H. Brown, J. Byrd Cave Chellis Clyburn Cooper Dantzler Davenport Felder Gamble Gourdine Govan Harrell Harrison Hinson Hodges Howard Inabinett Jennings Kelley Kinon Klauber Knotts Koon Law Lloyd Mack Maddox Martin Mason McCraw McLeod McMaster Neal Neilson Parks Phillips Quinn Rhoad Rice Riser Rodgers Sandifer Scott Sharpe Smith, J. Smith, R. Stille Stoddard Stuart Townsend Trotter Webb Whatley Whipper Wilder Wilkins Woodrum Young
Those who voted in the negative are:
Altman Bailey Barfield Battle Bauer Boan Brown, G. Brown, T. Campsen Cato Cotty Delleney Easterday Fleming Hamilton Haskins Hawkins Keegan Kirsh Leach Littlejohn Loftis McMahand Meacham Moody-Lawrence Mullen Seithel Sheheen Simrill Smith, F. Spearman Tripp Vaughn Walker Witherspoon
So, the amendment was adopted.
Rep. MEACHAM proposed the following Amendment No. 241 (Doc Name P:\AMEND\GJK\20327HTC.97), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2777 SO AS TO IMPOSE A TAX AT THE RATE OF FIVE PERCENT ON THE GROSS PROCEEDS OF VIDEO GAMES WITH A FREE PLAY FEATURE, TO DEFINE "GROSS PROCEEDS OF A MACHINE", AND PROVIDE FOR THE PAYMENT AND COLLECTION OF THE TAX AND THE DISTRIBUTION OF THE REVENUE TO A SEPARATE "HIGHWAY INFRASTRUCTURE FUND", AND TO PROVIDE THAT FUND REVENUES MAY BE APPROPRIATED ONLY FOR HIGHWAY IMPROVEMENT AND CONSTRUCTION.
A. Article 20, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-2777. (A) A tax at the rate of five percent is imposed on the gross proceeds of a machine licensed pursuant to Section 12-21-2720(A). For purposes of this section 'gross proceeds of a machine' means all amounts deposited in the machine in the reporting period.
(B) The tax is due and payable on a monthly basis, on or before the twentieth day of the month, and the person liable for the tax on the due date shall make a return to the department, in a form it prescribes, showing the total amount deposited for the previous month, and remit the tax with it.
(C) The person making the report required pursuant to Section 12-21-2776(B) is liable for the tax.
(D) Enforcement and collection of this tax are as provided in Chapter 54 of this title. Revenues of the tax imposed by this section must be credited to a fund in the State Treasury, separate and distinct from the general fund of the State and all other funds styled the Highway Infrastructure Fund. Revenues in this fund may be appropriated by the General Assembly only for highway improvement and construction projects, including the debt service on financing such projects."
B. This section takes effect July 1, 1997./
Renumber sections to conform.
Amend totals and title to conform.
Rep. MEACHAM explained the amendment.
Rep. H. BROWN moved to table the amendment, which was agreed to.
Rep. KOON moved to reconsider the vote whereby Amendment No. 58, Section 24 to Part II, was tabled and the motion was noted.
Rep. SHEHEEN moved to reconsider the vote whereby Amendment No. 162 in Section 17C, Part IB was adopted and the motion was noted.
Reps. HARRISON and QUINN proposed the following Amendment No. 243 (Doc Name P:\AMEND\PT\1015MM.97), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 8-21-310, AS AMENDED, OF THE 1976 CODE, RELATING TO FEES AND COSTS COLLECTED BY COUNTY OFFICIALS, SO AS TO ADD A SURCHARGE OF FIFTEEN DOLLARS TO THE FEE FOR FILING A COMPLAINT OR PETITION IN CIRCUIT OR FAMILY COURT TO BE ALLOCATED TOWARD CIVIL REPRESENTATION OF INDIGENTS.
A. Section 8-21-310(11)(a) of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"(a) (1) For filing first complaint or petition, including application for a remedial and prerogative writ and bond on attachment or other bond, in a civil action or proceeding, in a court of record, fifty-five dollars. There is no further fee for filing an amended or supplemental complaint or petition nor for filing any other paper in the same action or proceeding. An original application for post conviction relief may be filed without fee upon permission of the court to which the application is addressed. There is no further fee for entering and filing a verdict, judgment, final decree, or order of dismissal, and enrolling a judgment thereon on it, for signing, sealing, and issuance of execution, or for entering satisfaction or partial satisfaction on a judgment.
(2) A fifteen dollar surcharge is added to each fee for filing a complaint or petition in circuit or family court. Funds received from the surcharge must be forwarded to the State Treasurer and deposited in a special account titled the Defense of Indigents Per Capita Fund. The Commission on Indigent Defense shall distribute these funds on December thirty-first and on June thirtieth of each year, to South Carolina organizations that are grantees of the Legal Services Corporation, proportionate to each recipient's share of the state's poverty population."
B. This section takes effect July 1, 1997./
Renumber sections to conform.
Amend totals and title to conform.
Rep. QUINN explained the amendment.
Rep. TRIPP raised a Point of Order that Amendment No. 243 was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. QUINN continued speaking.
Reps. SHEHEEN, COTTY and KLAUBER spoke against the amendment.
Rep. ALTMAN spoke against the amendment.
Rep. WHIPPER spoke in favor of the amendment.
Rep. HAWKINS spoke against the amendment.
Rep. HARRISON spoke in favor of the amendment.
Rep. KLAUBER moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken resulting as follows:
Altman Barrett Battle Boan Campsen Carnell Cooper Cotty Dantzler Delleney Easterday Felder Hamilton Harrell Haskins Hawkins Hinson Kelley Kirsh Klauber Leach Limbaugh Limehouse Littlejohn Loftis McCraw McLeod McMahand McMaster Meacham Miller Riser Sandifer Sharpe Sheheen Simrill Smith, F. Stille Trotter Webb Wilder Wilkins Witherspoon Woodrum Young
Those who voted in the negative are:
Allison Askins Bailey Barfield Bauer Baxley Beck Bowers Breeland Brown, G. Brown, H. Brown, J. Byrd Cato Cave Chellis Clyburn Cobb-Hunter Cromer Davenport Gamble Gourdine Govan Harrison Hines, J. Hodges Inabinett Jennings Jordan Keegan Kennedy Kinon Knotts Koon Law Lee Mack Martin Mason McKay Moody-Lawrence Mullen Neilson Parks Phillips Pinckney Quinn Rhoad Rice Rodgers Scott Seithel Smith, D. Smith, J. Smith, R. Spearman Stoddard Stuart Townsend Vaughn Walker Whatley Whipper Wilkes Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Reps. TOWNSEND and HARRELL proposed the following Amendment No. 244 (Doc Name P:\AMEND\GJK\20328SD.97), which was ruled out of order.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding an appropriately-numbered SECTION to read:
TO AMEND SECTION 4-1-170, AS AMENDED, OF THE 1976 CODE, RELATING TO JOINT INDUSTRIAL OR BUSINESS PARKS, SO AS TO PROVIDE THAT A SCHOOL DISTRICT WITH PROPERTY IN A PARK SHALL RECEIVE A SPECIFIED PROPORTION OF PROPERTY TAXES THAT THE SCHOOL DISTRICT WOULD HAVE RECEIVED IF THE PROPERTY WERE NOT IN THE PARK , TO PROVIDE THAT THE PROPERTY TAX DIVISION OF THE DEPARTMENT OF REVENUE UTILIZING THE FUNDS APPROPRIATED ON LINE 28, SECTION 63, PART I OF THIS ACT FOR "SPECIAL ITEMS - PROPERTY REASSESSMENTS" SHALL ENSURE COMPLIANCE WITH THE ABOVE PROVISIONS, AND TO PROVIDE THAT TO THE EXTENT OF ANY NONCOMPLIANCE BY ANY COUNTY OF THIS STATE, THE DEPARTMENT SHALL CERTIFY SUCH NONCOMPLIANCE AND THE COSTS THEREOF TO THE SCHOOL DISTRICT TO THE COMPTROLLER GENERAL WHO SHALL IN TURN REDUCE THAT COUNTY'S AID-TO-SUBDIVISION ALLOCATION UNDER PART I OF THIS ACT.
A. Section 4-1-170(3) of the 1976 Code is amended to read:
"(3) specify the manner in which revenues must be distributed to each of the taxing entities within each of the participating counties; however, a school district with property in the industrial or business park shall receive that proportion of the property taxes generated by the property that the school district would have received if the property were not in an industrial or business park, and for the property under a fee-in-lieu of tax agreement that proportion of the fee-in-lieu payments based on the ratio that the millage levied for school purposes bears to the total millage levied for all purposes as if the property were not in an industrial or business park."
B. The property tax division of the department of revenue utilizing the funds appropriated on line 28, section 63, part I of this act for 'special items - property reassessments' shall ensure compliance with the above provisions. to the extent of any noncompliance by any county of this state, the department shall certify such noncompliance and the costs thereof to the school district to the comptroller general who shall in turn reduce that county's aid-to-subdivision allocation under part I of this act./
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOWNSEND explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 244 was not germane to the Bill.
Rep. TOWNSEND argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Reps. TOWNSEND, KNOTTS, KOON, FLEMING, MARTIN, MADDOX, JORDAN, TROTTER, SHARPE, STILLE, LEACH, LOFTIS and FELDER proposed the following Amendment No. 245 (Doc Name P:\AMEND\BBM\9226HTC.97), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Reps. BOWERS, PINCKNEY and RHOAD proposed the following Amendment No. 246 (Doc Name P:\AMEND\GJK\20334MM.97), which was adopted.
Amend the bill, as and if amended, PART II, by adding an appropriately numbered SECTION to read:
/TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 54 SO AS TO PROVIDE FOR THE ISSUANCE OF "SOUTH CAROLINA STATE PARKS: EXPLORE THE WONDERLANDS" LICENSE PLATES, AND TO PROVIDE FOR THE DISBURSEMENT OF THE FEES COLLECTED.
A. Chapter 3, Title 56 of the 1976 Code is amended by adding:
South Carolina State Parks: Explore the Wonderlands License Plates
Section 56-3-5500. (A) The department may issue a special commemorative 'South Carolina State Parks: Explore the Wonderlands' motor vehicle license plate to promote and contribute to the maintenance and operation of state parks. The department shall develop forms to be completed by the vehicle registrant upon purchase of the license plate which designates to which state park the portion of the license fee, pursuant to subsection (B), must be distributed.
(B) The biennial fee for the commemorative license plate is seventy-two dollars. Twenty-four dollars of this amount must be deposited in the state general fund. Forty-eight dollars of this amount must be remitted to the State Treasurer for distribution to the state parks pursuant to the designations made by the vehicle registrants upon purchase of the license plates to promote and maintain the operation of the state parks.
(C) The commemorative plate must be of the same size and general design of a regular motor vehicle license plate and must be imprinted with the words 'South Carolina State Parks: Explore the Wonderlands'. The plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued."
B. Of the funds designated to the State Parks, a portion must be used to reimburse the Department of Transportation for its set-up costs, if any, resulting from this special issue.
C. This section takes effect July 1, 1997./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOWERS explained the amendment.
Rep. MOODY-LAWRENCE moved to table the amendment, which was not agreed to.
The question then recurred to the adoption of the amendment, which was agreed to by a division vote of 73 to 17.
Rep. BAXLEY proposed the following Amendment No. 252 (Doc Name P:\AMEND\PSD\7125AC.97), which was adopted.
Amend the bill, as and if amended, Part ii, by adding an appropriately numbered SECTION to read:
TO AMEND Act 152 OF 1995 RELATING TO THE SOUTH CAROLINA COMMISSION ON SPORTING DOGS AND FIELD TRIALS SO AS TO REQUIRE THE COMMISSION TO DEVELOP FEES FOR FACILITY USE AND DOG ENTRIES IN ORDER TO ENABLE THE H. COOPER BLACK, JR. MEMORIAL FIELD TRIAL RECREATIONAL AREA TO BE SELFSUSTAINING AND TO PROVIDE FOR AND TO REQUIRE A REPORT ON THE COLLECTION AND USE OF THESE FEES.
Section 1. (C) Act 152 of 1995 is amended by adding at the end:
The Sstate plan shall include a fee schedule including, but not limited to a facility use fee, dog entry fees, and any other fees the commission deems necessary to enable the H. Cooper Black, Jr. Memorial Field Trial and Recreational area to be selfsustaining beginning July 1, 1999.
These fees are in addition to the utility fee charged by the S. C. Forestry Commission. Revenue received will be deposited in the H. Cooper Black, Jr. Memorial Field Trial and Recreational Area line item within the S. C. Forestry's Commission'S budget and will be used cooperately with the Department OF Natural Resources and Parks, Recreation and Tourism for personal service funds, infrastructure, maintenance, enhancement and operation of the field trial area program in conjunction with the commission. A report of fees collected and disbursements made during FY 97-98 must be made to the House Ways and Means Committee and the Senate Finance Committee by August 31, 1998.
Renumber sections to conform.
Amend totals and title to conform.
Rep. KOON explained the amendment.
The amendment was then adopted.
Reps. HODGES and SHEHEEN proposed the following Amendment No. 59 (Doc Name P:\AMEND\PT\2988SD.97), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding a new appropriately numbered SECTION to read:
TO AMEND SECTION 59-20-40 OF THE 1976 CODE, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS UNDER THE EDUCATION FINANCE ACT AND WEIGHTINGS WHICH ARE USED TO PROVIDE FOR RELATIVE COST DIFFERENCES BETWEEN PROGRAMS, SO AS TO PROVIDE A WEIGHTING FOR ALTERNATIVE SCHOOL STUDENTS AND THE CRITERIA THEREFOR WHICH SHALL BE ESTABLISHED BY THE DEPARTMENT OF EDUCATION.
The first paragraph of Section 59-20-40(1)(c) of the 1976 Code is amended by adding a new weighting at the end thereof to read:
Alternative School Students 2.57
,provided that the State
Department of Education
shall establish the criteria
for this alternative school
Student weighting." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. SHEHEEN explained the amendment.
Rep. H. BROWN raised a Point of Order that Amendment No. 59 was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. MILLER proposed the following Amendment No. 213 (Doc Name P:\AMEND\PT\1005CM.97), which was ruled out of order.
Amend the bill, as and if amended, by Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-72 SO AS TO ALLOW LOCAL GOVERNING BODIES WHICH ENACTED, COLLECTED, AND/OR HELD IN ESCROW FEES ON TRANSFERS OF REAL ESTATE TO USE THOSE FUNDS FOR THE PURPOSES FOR WHICH THE FEES WERE ORIGINALLY INTENDED, AND TO REQUIRE THE STATE TREASURER TO NOTIFY THE AFFECTED JURISDICTION OF THIS CHANGE BY CERTIFIED MAIL.
A. The 1976 Code is amended by adding:
"Section 6-1-72. The local governing bodies which enacted, collected, and/or held in escrow fees on transfers of real estate pending resolution of their dispute over the requirement that the collected funds be remitted to the State Treasurer are allowed to use those funds collected as of the effective date of this provision for their originally intended specific local purposes, or in the alternative, to refund the fees to those who paid them. To implement this provision, the State Treasurer must notify all affected jurisdictions of this change by certified mail using funds appropriated for 'other operating expenses'."
B. This section takes effect July 1, 1997.
Renumber sections to conform.
Amend totals and title to conform.
Rep. MILLER explained the amendment.
Rep. HASKINS raised the Point of Order that Amendment No. 213 was not germane to the Bill.
Rep. MILLER argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. KLAUBER proposed the following Amendment No. 217 (Doc Name P:\AMEND\PT\1006CM.97), which was adopted.
Amend the bill, as and if amended, PART II, BY ADDING AN APPROPRIATELY NUMBERED SECTION TO READ:
To direct the Deferred Compensation Commission to study and implement at least twenty additional optional mutual fund selections for the deferred compensation plan and to provide funding.
A. The Deferred Compensation Commission shall study and implement at least twenty additional optional mutual selections ranging from low risk to very aggressive funds for the deferred compensation plan.
B. Of the funds appropriated to the budget and Control Board-Division of Executive Director for "Other Operating Expenses" under the "Office of Internal Operation/Internal Operations" $10,000, may be used to fund the study and implementation required by subsection A./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KLAUBER explained the amendment.
Rep. COBB-HUNTER raised a Point of Order that Amendment No. 217 was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. KLAUBER continued speaking.
The amendment was then adopted.
Rep. RICE proposed the following Amendment No. 227 (Doc Name P:\AMEND\DKA\4193AC.97), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
Rep. RICE explained the amendment.
The amendment was then adopted.
Rep. ALLISON moved to reconsider the vote whereby Amendment No. 232 in Part II was tabled and the motion was noted.
Rep. BOAN proposed the following Amendment No. 254 (Doc Name P:\AMEND\PT\1018DW.97), which was adopted.
Amend the bill, as and if amended, by PART II, PERMANENT PROVISIONS, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-470, SO AS TO PROHIBIT A STATE AGENCY FROM EXPENDING MONIES APPROPRIATED BY THE GENERAL ASSEMBLY TO PURCHASE SPACE INCLUDING, BUT NOT LIMITED TO, NOTICES OR ADVERTISEMENTS, IN A PRINT MEDIUM OR TIME FROM A RADIO OR TELEVISION MEDIUM WITHOUT UNANIMOUS PRIOR WRITTEN APPROVAL OF THE STATE BUDGET AND CONTROL BOARD; TO PROHIBIT A CONSTITUTIONAL OFFICER OR AGENCY HEAD FROM HAVING PRINTED ON, OR DISTRIBUTED WITH, EXTRANEOUS PROMOTIONAL MATERIAL AND FROM PURCHASING PLAQUES, AWARDS, CITATIONS, OR OTHER RECOGNITIONS WITHOUT PRIOR UNANIMOUS WRITTEN APPROVAL OF THE STATE BUDGET AND CONTROL BOARD; AND TO REQUIRE AGENCIES EXPENDING NONPUBLIC FUNDS TO SUBMIT THE SOURCE OF THE FUNDS SHOWING ALL CONTRIBUTORS TO THE STATE BUDGET AND CONTROL BOARD; AND TO PROVIDE EXCEPTIONS.
A. The 1976 Code is amended by adding:
Section 1-11-470. (A) No funds appropriated by the General Assembly may be used to purchase space including, but not limited to, notices or advertisements, in a print medium or time from a radio or television medium without unanimous prior written approval of the State Budget and Control Board.
(B) No funds appropriated by the General Assembly may be used by a constitutional officer or agency head to print on, or distribute with, official documents extraneous promotional material or to purchase plaques, awards, citations, or other recognitions without unanimous prior written approval of the Budget and Control Board.
(C) If nonpublic funds are used for the purposes enumerated in subsection (A) the agency expending the funds, must submit the source of the funds showing all contributors, to the State Budget and Control Board before the funds are expended.
(D) The provisions of this section do not apply to the Governor or General Assembly.
B. Of the funds appropriated to the Budget and Control Board - Division of Operations for the Office of General Services in the annual appropriations act for 1997-98 and subsequent years for administration, other operating expenses, and classified positions, sufficient funds must be used to provide staff to review and make recommendations to the State Budget and Control Board for approval of agency or a constitutional officer's plan.
C. This section is effective July 1, 1997./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 64 was adopted was taken up and agreed to.
Rep. CROMER proposed the following Amendment No. 50 (Doc Name P:\AMEND\005\64$air.005), which was adopted.
Amend the bill further, as and if amended, Part IA, Section 64, State Ethics Commission, page 408, immediately after line 10, By inserting a new line to read:
Column 5 Column 6
/AIRCRAFT REPORTS 1,000 1,000
Amend further Part 1A, Section 64, State Ethics Commission, Page 408, Line 10, opposite /other operating expense/ by decreasing the line under columns 5 & 6 by/$1,000.00/
Renumber sections and amend totals/title to conform.
Rep. CROMER explained the amendment.
The amendment was then adopted.
Section 64 as amended was adopted.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 31 was adopted was taken up and agreed to.
Reps. FELDER and KIRSH proposed the following Amendment No. 204 (Doc Name P:\AMEND\002\drugtest.002), which was adopted.
Amend the bill, as and if amended, Part IB, Section 31, Dept. Of Mental Health, page 461, paragraph 12, line 12, by inserting:
after the word/ (risperdal)/ the following:/ or other drugs approved by the department/
Amend further on line 16 by adding after the word /Governor/ the following: / Nothing in this provision shall prohibit the department from making recommendations regarding the effectiveness of other drugs./
Renumber sections and amend totals/title to conform.
Rep. FELDER explained the amendment.
The amendment was then adopted.
Rep. H. BROWN proposed the following Amendment No. 253 (Doc Name P:\AMEND\002\DMHPAY.002), which was adopted.
Amend the bill, as and if amended, Part IB, Section 31, DEPARTMENT OF MENTAL HEALTH, page 460, paragraph 2, line 1, by striking /$2,800,000/ and inserting /$3,800,000/
Renumber sections and amend totals/title to conform.
Rep. FELDER explained the amendment.
The amendment was then adopted.
Section 31 as amended was adopted.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 47 was adopted was taken up and agreed to.
Reps. HARRISON, QUINN and BAUER proposed the following Amendment No. 178 (Doc Name P:\AMEND\005\47PWRRC5.005), which was adopted.
Amend the bill, as and if amended, Part IB, Section 47, Dept. Of Natural Resources, page 474, line 6, by adding an appropriately numbered section to read:
/Of the funds allocated to the water recreational resources fund for Richland County and upon the approval of the county delegation, $60,000 from the county's water recreational resources fund shall be used for renovation of the lake murray tourism visitors center./
Renumber sections and amend totals/title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Section 47 as amended was adopted.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 10 was adopted was taken up.
Rep. H. BROWN moved to table the motion to reconsider.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Barfield Battle Bauer Beck Boan Bowers Breeland Brown, H. Brown, J. Brown, T. Byrd Carnell Cave Chellis Clyburn Cobb-Hunter Cotty Dantzler Davenport Delleney Gamble Govan Harrell Harrison Harvin Hawkins Hines, J. Hinson Hodges Inabinett Jennings Keegan Kelley Kennedy Kinon Klauber Knotts Koon Law Lee Limehouse Lloyd Mack Maddox Martin McCraw McKay McLeod McMahand Miller Moody-Lawrence Mullen Neal Parks Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Scott Sheheen Smith, F. Smith, J. Smith, R. Spearman Stille Stuart Trotter Walker Whipper Wilder Witherspoon Young-Brickell
Those who voted in the negative are:
Allison Barrett Baxley Brown, G. Campsen Cato Cooper Cromer Easterday Felder Fleming Hamilton Haskins Jordan Kirsh Leach Limbaugh Littlejohn Loftis Mason McMaster Meacham Sandifer Seithel Sharpe Simrill Smith, D. Stoddard Townsend Tripp Vaughn Webb Whatley Wilkes Wilkins Woodrum Young
So, the motion to reconsider was tabled.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 17B was adopted was taken up.
Rep. COTTY moved to table the motion to reconsider, which was not agreed to by a division vote of 41 to 52.
The question then recurred to the motion to reconsider, which was agreed to.
Rep. CARNELL proposed the following Amendment No. 238 (Doc Name P:\AMEND\006\17BC1.006), which was adopted.
Amend the bill, as and if amended, Part IB, Section 17B, Budget & Control Board - Division of Operations, page 509, after line 25, by adding an appropriately numbered paragraph to read:
/The Budget and Control Board - Division of Operations is directed to implement and coordinate a transfer of $100,000 in funds from the Judicial Department to the Department of Disabilities and Special Needs for the Emerald Center for Disabilities and Special Needs./
Renumber sections and amend totals/title to conform.
Rep. CARNELL explained the amendment.
The amendment was then adopted by a division vote of 45 to 44.
Section 17B as amended was adopted.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 17C was adopted was taken up and agreed to.
The motion of Rep. SHEHEEN to reconsider the vote whereby Amendment No. 162 in Section 17C, Part IB was adopted was taken up.
Rep. SHEHEEN moved to table the amendment, which was agreed to.
Rep. H. BROWN proposed the following Amendment No. 223 (Doc Name P:\AMEND\006\17Cb13.006), which was adopted.
Amend the bill, as and if amended, Part IB, Section 17C, B&C Board, Division of Budget and Analyses, pages 512-513, paragraph 13, lines 27-10, by striking all references to /November 1/ and inserting /July 16/ and amending further by striking all references to /2.5%/ and inserting /2.0%/
Amend the bill, as and if amended, Part IB, Section 17C, B&C Board, Division of Budget and Analyses, page 513, paragraph 13, line 10, by inserting:
/8. Notwithstanding items 1-7 above, compensation increases shall not exceed $1,000 per individual./
Renumber sections and amend totals/title to conform.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
Section 17C as amended was adopted.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 72 was adopted was taken up.
Rep. H. BROWN moved to table the motion to reconsider, which was agreed to.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 11 was adopted was taken up.
Rep. H. BROWN moved to table the motion to reconsider.
Rep. LIMBAUGH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Barfield Battle Bauer Beck Bowers Breeland Brown, H. Brown, J. Brown, T. Byrd Campsen Carnell Cave Chellis Clyburn Cobb-Hunter Cotty Dantzler Delleney Gamble Gourdine Govan Harrell Harvin Hawkins Hinson Howard Inabinett Jordan Keegan Kelley Kennedy Kinon Klauber Knotts Koon Law Lee Limehouse Lloyd Mack Maddox Martin Mason McCraw McKay McLeod McMahand Miller Moody-Lawrence Mullen Neal Parks Phillips Pinckney Rhoad Rice Riser Rodgers Scott Seithel Sheheen Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Trotter Whatley Whipper Wilder Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Allison Barrett Baxley Boan Cato Cooper Cromer Davenport Easterday Felder Hamilton Harrison Haskins Kirsh Leach Limbaugh Littlejohn Loftis Meacham Quinn Sandifer Sharpe Simrill Smith, D. Tripp Vaughn Walker Webb Wilkes Woodrum Young
So, the motion to reconsider was tabled.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 19 was adopted was taken up.
Rep. NEILSON moved to table the motion, which was agreed to.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 6 was adopted was taken up and agreed to.
Rep. MILLER proposed the following Amendment No. 208 (Doc Name P:\AMEND\GK.\20307SD.97), which was adopted.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, SECTION 6, by adding at the end of Section 59-39-100 of the 1976 Code the following new paragraph:
/Nothing herein prohibits local school boards of trustees from awarding recognition to students who complete additional units and credits beyond those required by this section./
Renumber sections to conform.
Amend totals and title to conform.
Rep. MILLER explained the amendment.
The amendment was then adopted.
Section 6 as amended was adopted.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 15 was adopted was taken up and agreed to.
Rep. TOWNSEND proposed the following Amendment No. 247 (Doc Name P:\AMEND\PT\1016HTC.97), which was adopted.
Amend the bill, as and if amended, PART II, SECTION 15, by adding a new subsection to be appropriately lettered to read:
/( ) 1. Section 12-37-251(E) of the 1976 Code is amended to read:
"(E) In the year of reassessment the millage rate for all real and personal property must not exceed the rollback millage, except that the rollback millage may be increased by the percentage increase in the consumer price index for the year immediately preceding the year of reassessment. However, a school district's rollback millage may be increased by the same percentage as the EFA inflation factor in the annual general appropriations act. Rollback millage is calculated by dividing the prior year property tax revenues by the adjusted total assessed value applicable in the year the values derived from a countrywide equalization and reassessment program are implemented. This amount of assessed value must be adjusted by deducting assessments added for property or improvements not previously taxed, for new construction, and for renovation of existing structures."
2. Property which is subject to the rollback tax and millage must be considered when reimbursements for the homestead exemption are made from the homestead exemption reimbursement trust fund as provided in subsection (H) of this section./
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Section 15 as amended was adopted.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 17 was adopted was taken up.
Rep. HARRELL moved to table the motion to reconsider, which was agreed to.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 29 was adopted was taken up and agreed to.
Rep. H. BROWN proposed the following Amendment No. 200 (Doc Name P:\AMEND\PT\2989JM.97), which was adopted.
Amend the bill, as and if amended, Part II, SECTION 29, page 563, by striking lines 8 through 23 and inserting:
/TO AMEND THE 1976 CODE BY ADDING SECTION 38-7-35 SO AS TO PROVIDE THAT ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS OF THE REVENUE COLLECTED ANNUALLY PURSUANT TO SECTION 38-7-30, REGARDING THE TAX ON FIRE INSURERS TO COVER EXPENSES OF INSPECTIONS AND INVESTIGATIONS, MUST BE TRANSFERRED TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR CERTAIN PURPOSES AND REQUIRE THE DEPARTMENT TO MAKE AN ANNUAL REPORT.
The 1976 Code is amended by adding:
"Section 38-7-35. (A) One hundred seventy-five thousand dollars of the revenue collected annually pursuant to Section 38-7-30 must be transferred to the Department of Labor, Licensing and Regulation for the purpose of implementing the training, certification, and continuing education program for building codes enforcement officers as provided by law.
(B) The Department of Labor, Licensing and Regulation shall report annually to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee detailing actual program expenditures including, but not limited to, the number of instructors employed, the number of training sessions conducted, and the number of certifications issued. This report must be submitted to the respective chairmen no later than January fifteenth of each year."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
Section 29 as amended was adopted.
The motion of Rep. YOUNG to reconsider the vote whereby Amendment No. 181 in Part II was tabled was taken up.
Rep. J. YOUNG moved to table the motion to reconsider, which was agreed to.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 24 was adopted was taken up and agreed to.
The motion of Rep. KOON to reconsider the vote whereby Amendment No. 58 was tabled was taken up and agreed to.
The amendment was then adopted.
Section 24 as amended was adopted.
The motion of Rep. ALLISON to reconsider the vote whereby Amendment No. 232 in Part II was tabled was taken up.
Rep. CROMER moved to table the motion to reconsider.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Bailey Barfield Baxley Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Cave Chellis Clyburn Cobb-Hunter Cotty Cromer Dantzler Felder Gourdine Govan Harrison Harvin Hinson Hodges Howard Inabinett Jennings Kennedy Kinon Kirsh Knotts Law Lee Lloyd Mack Maddox Martin McCraw McKay McLeod McMahand McMaster Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Pinckney Rhoad Scott Sharpe Smith, J. Spearman Stille Stuart Webb Whipper Wilder Wilkes Witherspoon
Those who voted in the negative are:
Allison Altman Barrett Battle Bauer Beck Brown, H. Campsen Cato Cooper Davenport Delleney Easterday Fleming Gamble Hamilton Harrell Haskins Hawkins Jordan Keegan Kelley Klauber Koon Leach Limbaugh Littlejohn Loftis Mason Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sheheen Simrill Smith, D. Smith, R. Stoddard Townsend Tripp Trotter Vaughn Walker Whatley Wilkins Woodrum Young
So, the motion to reconsider was tabled.
Rep. H. BROWN moved to table all pending motions to reconsider, which was agreed to.
Rep. H. BROWN gave notice of offering amendments on third reading.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. H. BROWN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hinson Hodges Howard Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McCraw McKay McLeod McMahand McMaster Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Limbaugh Smith, D.
So, the Bill, as amended, was read the second time and ordered to third reading.
Once again, I must vote against an Appropriation Bill which fails to put a stop to the growth of government. State spending is out of control and even though some money is returned in the form of taxpayer relief, the taxpayer continues to shoulder the burden of unprecedented spending.
Rep. DOUG SMITH
I voted against the budget even though I support most of its provisions. I simply cannot support a budget that spends more money than the previous year.
Rep. L. HUNTER LIMBAUGH
As a stockholder in a corporation that leases a building to a health care facility, I have abstained from voting on issues regarding nursing homes and Medicaid in H. 3400.
Rep. WILLIAM D. BOAN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A, Part 1B and Part II, Section Number(s) 58, 55, 35
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. JOHN GRAHAM ALTMAN III
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 68B, 69
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. HARRY F. CATO
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Section Number(s) 4A, 55, 56, 57, 58, 5
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year. My law partner handles some cases related to these areas.
Rep. BILL COTTY
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB and Part II, Section Number(s) 56, 57, 58, 65, 63, 62, 55, 42, 4A, 5A, 39, 35, 34, 11
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. F.G. DELLENEY, JR.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, Part II, Section Number(s) 5, 41, 54, 55, 56 and all amnements for the entire Budget debate.
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of pepresentation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. JOHN G. FELDER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IB, Section Number(s)18A and/or Amendment Number(s) 87
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. MARGARET J. GAMBLE
Part IA and Part IB, Section Number(s) 18K
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. MARGARET J. GAMBLE
Part IB, Section Number(s) 17C, 13
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. MARGARET J. GAMBLE
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 3400 General Subject Matter: General Appropriation Bill
S.C. Health and Human Finance Services Commission
S.C. Department of Health and Environmental Control
S.C. Jobs and Economic Development Authority
S.C. Forestry Commission
S.C. Department of Insurance
S.C. Workers' Compensation Fund
S.C. Workers' Compensation Commission
S.C. Board of Technical Comprehensive Education
S.C. Second Injury Fund
S.C. Department of Consumer Affairs
S.C. Department of Social Services
S.C. Department of Insurance Services
S.C. Insurance Reserve Fund
S.C. Public Service Authority
S.C. Public Service Commission
S.C. Ports Authority
S.C. Department of Commerce
The reason for abstaining on the above reference legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section
8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriations bill by myself, an individual with who I am associated in partnership with, or a business or a partnership in which I have a greater than 5% interest.
Rep. C. ALEX HARVIN III
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB and Part II, Section Number(s) 4A, 55, 58, 65, 5
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. JOHN DAVID HAWKINS
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 38
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I may have a greater than 5% interest.
Rep. CURTIS B. INABINETT
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 55, 56, 57, 58
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. JAMES S. KLAUBER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 18N Line #29 Page 0100
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. ROBERT W. LEACH
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Section Number(s) 30
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. DAVID JAMES MACK III
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Section Number(s) 4A, 11, 12, 14, 34, 41, 42, 43, 55, 56, 57, 58, 5
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. JOE McMASTER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Section Number(s) 19
The reason for abstaining on the above referenced legislation is:
Rep. DENNY W. NEILSON
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Section Number(s) 62
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. ALFRED B. ROBINSON, JR.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part II, Section Number(s) 3, 29 and any and all amendments dealing with the Department of Labor, Licensing and Regulation.
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. ALFRED B. ROBINSON, JR.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB and Part II, Section Number(s) 56, 57, 58, 65, 63, 62, 55, 42, 4, 5, 39, 35, 34, 11
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. FLETCHER NATHANIEL SMITH, JR.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB and Part II, Section Number(s) 56, 57, 58, 65, 63, 55, 42, 5, 34
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. ROBERT J. SHEHEEN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB and Part II, Section Number(s) 5, 17A, 17B, 17C, 63, 65, 4A, 43, 34, 41
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. DOUG SMITH
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB and Part II, Section Number(s) 55, 4A
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. JAMES EMERSON SMITH, JR.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB and Part II, Section Number(s) 56, 15, 5, 17D, 9, 65, 3B, 62, 57, 58, 8, 51, 63, 45, 50, 57
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB and Part II, Section Number(s) 56, 57, 58, 65, 63, 62, 55, 42, 4A, 39, 35, 34
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. W. JEFFREY YOUNG
The Senate returned to the House with concurrence the following:
H. 3354 (Word version) -- Reps. Quinn and D. Smith: A CONCURRENT RESOLUTION DECLARING APRIL 20-26, 1997, AS "SOUTH CAROLINA GOLF WEEK" FOR 1997.
At 10:05 P.M. the House in accordance with the motion of Rep. STODDARD adjourned in memory of Brucie Owings Blakely of Laurens, to meet at 10:00 A.M. tomorrow.
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