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:
O Lord God, Who has called us into ventures whose endings we cannot see and paths as yet untrodden, give us faith to go into this day with courage knowing Your hand is leading us and Your strength is supporting us. May Your wisdom save us from false choices. Save us from faithless fears and worldly anxieties. Cause us to know that the only thing worse than a quitter is one who is afraid to begin. Set our purposes on sure foundations, and so prosper us in all worthwhile endeavors.
Faithful God, as You led Your people by a cloud by day and a pillar of fire by night, lead us this day and every day. 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. BREELAND moved that when the House adjourns, it adjourn in memory of Roosevelt "Sarge" Johnson of Charleston, which was agreed to.
The following was received and referred to the appropriate committee for consideration.
Document No. 2287
Promulgated By Department of Natural Resources
Statutory Authority: 1976 Code Section 50-11-2200
Hunt Units and Wildlife Management Area Regulations
Received By Speaker March 3, 1998
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date July 1, 1998
(Subject to Sine Die Revision)
The following was introduced:
H. 4746 -- Reps. Bauer and Quinn: A CONCURRENT RESOLUTION CONGRATULATING ASHLEY KAREN KERR, FOURTH GRADE STUDENT AT HARBISON WEST ELEMENTARY SCHOOL IN IRMO, ON HER INTERNATIONAL ACCOMPLISHMENTS AND SUCCESS IN KARATE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4747 -- Reps. Harvin, Young and Kennedy: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF MRS. HARRIETT BREWER GIBBONS OF CLARENDON COUNTY AND EXTENDING DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1088 -- Senator McGill: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF REVEREND MARK POTTER OF LAKE CITY AND EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1089 -- Senator McGill: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF DR. I.W. CANUPP OF LAKE CITY AND EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1065 -- Senators McConnell, Branton, Ravenel, Mescher, Ford, Grooms and Passailaigue: A CONCURRENT RESOLUTION TO APPROVE THE CHARLESTON MUSEUM AS THE SITE FOR PERMANENT DISPLAY AND EXHIBITION OF THE H.L. HUNLEY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4748 -- Reps. Townsend and Keegan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-1495 SO AS TO PROVIDE DEFINITIONS RELATED TO THE COLLECTION OF TOLLS, TO PROVIDE THAT CERTAIN PERSONS ARE LIABLE FOR FAILURE TO PAY TOLLS, TO PROVIDE FOR PENALTIES FOR FAILURE TO PAY TOLLS, TO PROVIDE FOR ENFORCEMENT, NOTIFICATION, AND ADJUDICATION PROCEDURES FOR TOLL VIOLATIONS, AND TO PROVIDE FOR ELECTRONIC COLLECTION OF TOLLS AND RESTRICTIONS ON THE USE OF PHOTOGRAPHS AND OTHER RECORDED IMAGES USED DURING TOLL COLLECTION.
Referred to Committee on Education and Public Works.
H. 4749 -- Reps. Townsend and Keegan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-1625 SO AS TO PROVIDE THAT THE
DEPARTMENT OF TRANSPORTATION MAY CONSIDER COSTS IN PROCURING QUALIFIED PROFESSIONAL CONSULTANTS FOR CERTAIN PROJECTS.
Referred to Committee on Education and Public Works.
H. 4750 -- Reps. Townsend and Keegan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-1-35 SO AS TO PROVIDE THE DEPARTMENT OF TRANSPORTATION THE AUTHORITY TO ESTABLISH A SPECIAL FUNDS ACCOUNT; BY ADDING SECTION 57-1-38 SO AS TO PROVIDE THE DEPARTMENT OF TRANSPORTATION DISCRETIONARY AUTHORITY TO RELAX DESIGN AND CONSTRUCTION STANDARDS FOR HIGHWAY PROJECTS IN THE SECONDARY STATE HIGHWAY SYSTEM WITHOUT INCURRING LIABILITY; BY ADDING SECTION 57-11-95 SO AS TO PROVIDE THE DEPARTMENT OF TRANSPORTATION THE AUTHORITY TO EXPEND ALL CASH BALANCES FROM A PRIOR YEAR UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 57-11-100 SO AS TO PROVIDE THE DEPARTMENT OF TRANSPORTATION THE AUTHORITY TO SECURE BONDS AND INSURANCE COVERING CERTAIN ACTIVITIES; BY ADDING SECTION 57-11-105 SO AS TO PROVIDE THE DEPARTMENT OF TRANSPORTATION THE AUTHORITY TO COMPENSATE ITS EMPLOYEES PURSUANT TO THE STATE'S ANNUAL APPROPRIATIONS ACT; AND BY ADDING SECTION 57-11-110 SO AS TO PROVIDE THE DEPARTMENT OF TRANSPORTATION THE AUTHORITY TO ESTABLISH A SCHEDULE OF DOCUMENT FEES.
Referred to Committee on Education and Public Works.
H. 4751 -- Reps. Townsend and Keegan: A BILL TO AMEND SECTION 28-2-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTEREST PAID ON THE AMOUNT FOUND TO BE JUST COMPENSATION IN A CONDEMNATION ACTION, SO AS TO REVISE THE INTEREST RATE AND THE INTEREST ACCRUAL PERIOD.
Referred to Committee on Judiciary.
H. 4752 -- Reps. Law, Kennedy, Quinn, Seithel, Gourdine, Hinson, Cotty, Inabinett, Simrill, Rodgers, Lloyd, Byrd, Canty, McCraw, Phillips, Riser, Koon, Mullen, Harvin, A. Harris, Wilder, Miller and Sheheen: A BILL TO AMEND SECTION 12-36-2110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CALCULATION OF THE SALES TAX FOR MANUFACTURED HOMES, SO AS TO PROVIDE THAT FURNISHINGS AND OTHER ITEMS THAT ARE NOT FIXTURES OF A MANUFACTURED HOME OR MOBILE HOME SHALL NOT BE INCLUDED IN CALCULATING THE TAX DUE FROM THE SALE OF THE HOME AND TO PROVIDE THAT THESE FURNISHINGS AND OTHER ITEMS CONSTITUTE PERSONAL PROPERTY FOR TAXATION PURPOSES.
Referred to Committee on Ways and Means.
H. 4753 -- Rep. Cave: A BILL TO AMEND SECTION 7-7-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PLACES IN ALLENDALE COUNTY, SO AS TO DELETE THE SPECIFIC POLLING PLACES FOR EACH VOTING PRECINCT AND PROVIDE THAT THE POLLING PLACES MUST BE ESTABLISHED BY THE REGISTRATION AND ELECTIONS COMMISSION FOR ALLENDALE COUNTY SUBJECT TO THE APPROVAL OF A MAJORITY OF THE ALLENDALE COUNTY LEGISLATIVE DELEGATION.
On motion of Rep. CAVE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4754 -- Reps. Witherspoon, Sharpe, Bailey, Clyburn, Simrill, Meacham, Seithel, Inabinett, Mason, Littlejohn, McKay, Rodgers, Miller, Rhoad, Walker, Battle, Lloyd, Barfield, McMahand, J. Hines, Dantzler, Stille and Leach: A BILL TO AMEND SECTION 50-11-1910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF DEER PARTS, SO AS TO PROHIBIT THE SALE OF LIVE DEER AND CERTAIN DEER PARTS, INCLUDING CERTAIN VENISON, ANTLERS, AND GAMETES, AND TO REVISE THE PENALTY FOR VIOLATION; AND TO AMEND SECTION 50-11-1920, AS AMENDED, RELATING TO SALE OF VENISON IN EATING ESTABLISHMENTS, SO AS TO ALLOW SALE OF VENISON NOT ONLY BY FOOD SERVICE ESTABLISHMENTS, BUT ALSO BY OFFICIAL ESTABLISHMENTS AND WHOLESALE FOOD DISTRIBUTORS WHO COMPLY WITH INSPECTION, RECORDKEEPING, AND OTHER REQUIREMENTS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4755 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 27-40-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIST OF ARRANGEMENTS NOT GOVERNED BY THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO INCLUDE IN THAT LIST RESIDENCE AT A CHARITABLE OR EMERGENCY PROTECTIVE SHELTER.
Referred to Committee on Labor, Commerce and Industry.
H. 4756 -- Reps. Law, Gourdine, Rodgers, Hinson, Koon and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-43-135 SO AS TO PROHIBIT THE INSTALLATION OF A MODULAR BUILDING UNIT ON PROPERTY ZONED BY A LOCAL GOVERNMENT AS "R-1" OR "SINGLE-FAMILY DWELLING".
Referred to Committee on Labor, Commerce and Industry.
H. 4757 -- Reps. Barfield, Battle, T. Brown, Davenport, Edge, Miller, Sharpe, Witherspoon, Mullen, Rhoad, Hamilton and J. Smith: A BILL TO AMEND SECTION 50-21-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAWS OR ORDINANCES GOVERNING THE OPERATION AND EQUIPPING OF VESSELS OPERATED ON THE WATERS OF THIS STATE, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY ESTABLISH TEMPORARY OR PERMANENT SLOW SPEED ZONES BY DESIGNATING THE AREAS WITH REGULATORY MARKERS, AND TO PROVIDE THAT WHENEVER FLOOD CONDITIONS MAKE OPERATION OF WATERCRAFT HAZARDOUS OR DANGEROUS TO PERSONS OR PROPERTY, THE DEPARTMENT HAS THE AUTHORITY TO TEMPORARILY CLOSE AREAS OF THE WATERS OF THIS STATE TO ALL RECREATIONAL VESSELS AND COMMERCIAL FISHING VESSELS FOR A PERIOD NOT TO EXCEED TEN DAYS, AND TO PROVIDE FOR CERTAIN EXTENSIONS OF AND EXCEPTIONS TO THIS CLOSURE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4758 -- Reps. Meacham, Stuart, Neilson, Battle, Mullen, J. Hines and Hawkins: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF LITTERING, SO AS TO PROVIDE THAT IT IS A REBUTTABLE PRESUMPTION THAT THE OPERATOR OF A CONVEYANCE HAS VIOLATED THIS SECTION WHEN LITTER IS THROWN, DEPOSITED, DROPPED, OR DUMPED FROM A CONVEYANCE, AND TO CREATE A REBUTTABLE PRESUMPTION THAT A PERSON HAS VIOLATED THIS SECTION WHEN HIS NAME IS DISCOVERED ON LITTER WHICH HAS BEEN DEPOSITED ON PUBLIC OR PRIVATE PROPERTY.
Referred to Committee on Judiciary.
H. 4759 -- Reps. J. Smith, Baxley, Kelley, Quinn, Neilson, Cobb-Hunter, Bailey, Inabinett, Battle, J. Hines, Meacham, Cotty, Miller, Neal, G. Brown, McLeod, Moody-Lawrence, Riser, Lloyd, Cave, Rice, Maddox, Clyburn, Harrison, Cromer, Scott, Stille, Woodrum, Gourdine, Delleney, Simrill, McCraw, McGee, Chellis, McMaster, Kirsh, Rodgers, Limehouse, Jordan, Jennings, Young, Leach, Fleming, Bauer, Dantzler, Rhoad, T. Brown, Carnell, Pinckney, Wilder, Phillips, Webb and Harvin: A BILL TO AMEND SECTION 51-17-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACREAGE LIMITATION ON THE AMOUNT OF REAL PROPERTY THAT MAY BE ACQUIRED FOR THE HERITAGE TRUST PROGRAM, SO AS TO EXCLUDE FROM THIS LIMITATION CERTAIN TRACTS OF LAND OF THIRTY THOUSAND ACRES OR MORE, AND TO PROVIDE PROCEDURES FOR THE TRANSFER OF SUCH TRACTS INTO THE HERITAGE TRUST PROGRAM.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4760 -- Reps. J. Smith, G. Brown, Kirsh, Sandifer, Vaughn, Bauer, Harrison, Young, Govan, Littlejohn, Beck, Rodgers, Barfield, J. Hines, Quinn, Townsend, Stuart, Cave, Riser and Mack: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 24-3-966 AND 24-3-967 SO AS TO PROVIDE THAT THERE IS A LIEN IN FAVOR OF THE STATE ON PROCEEDS FROM LITERARY, CINEMATIC, OR ANOTHER ACCOUNT OF A CRIME FOR WHICH A FELON IS CONVICTED AND UPON A FINANCIAL SETTLEMENT PAYABLE OR ACCRUING TO A CONVICTED PERSON AS A RESULT OF INJURY INCURRED DURING OR AT THE TIME OF A VIOLATION OF A PROVISION OF LAW, AND TO PROVIDE THE PROCEDURES TO PERFECT THE LIEN.
Referred to Committee on Judiciary.
S. 847 -- Senators Passailaigue, Washington and Branton: A BILL TO AMEND SECTION 61-4-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL RETAIL BEER AND WINE PERMITS, SO AS TO PROVIDE THAT THE FEES COLLECTED MAY BE USED FOR AFFORDABLE HOUSING INITIATIVES; AND TO AMEND SECTION 61-6-2010 OF THE 1976 CODE, RELATING TO TEMPORARY PERMITS FOR SUNDAY LIQUOR SALES, SO AS TO PROVIDE THAT THE FEES COLLECTED MAY BE USED FOR AFFORDABLE HOUSING INITIATIVES.
Referred to Committee on Judiciary.
S. 1072 -- Senators Patterson, Giese, Courson and Jackson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF DECEMBER 16, 1997, MISSED BY THE STUDENTS OF OLYMPIA SCHOOL OF RICHLAND COUNTY SCHOOL DISTRICT ONE WHEN THE SCHOOL WAS CLOSED DUE TO A FIRE AND EXPLOSION AT LINDAU CHEMICAL COMPANY IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. SCOTT, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 1073 -- Senators Patterson, Giese, Courson and Jackson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF OCTOBER 29, 1997, MISSED BY THE STUDENTS OF WEBBER SCHOOL OF RICHLAND COUNTY SCHOOL DISTRICT ONE WHEN THE SCHOOL WAS CLOSED DUE TO A RUPTURED SEWER LINE AND THE ABSENCE OF RUNNING WATER IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. SCOTT, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
The following was introduced:
H. 4761 -- Rep. Sharpe: A HOUSE RESOLUTION TO MEMORIALIZE THE PRESIDENT OF THE UNITED STATES NOT TO SIGN THE KYOTO PROTOCOL OR TO SUBMIT THE SAME FOR RATIFICATION TO THE UNITED STATES SENATE UNLESS THE PROTOCOL IS AMENDED OR OTHERWISE REVISED, CONSISTENT WITH UNITED STATES SENATE RESOLUTION 98, TO INCLUDE SPECIFIC SCHEDULED COMMITMENTS FOR DEVELOPING COUNTRIES TO MITIGATE GREENHOUSE GAS EMISSIONS WITHIN THE SAME COMPLIANCE PERIOD OR PERIODS AS REQUIRED FOR DEVELOPED COUNTRIES, AND TO MEMORIALIZE THE UNITED STATES SENATE TO REJECT ANY PROPOSED PROTOCOL OR OTHER AMENDMENT TO THE 1992 UNITED NATIONS FRAMEWORK CONVENTION ON GLOBAL CLIMATE CHANGE (FCCC) THAT IS INCONSISTENT WITH UNITED STATES SENATE RESOLUTION 98 OR THAT DOES NOT COMPLY FULLY WITH THAT RESOLUTION.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4762 -- Reps. Cave and Rhoad: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DANNY EUGENE ATKINS OF BLACKVILLE, SUPERINTENDENT OF BARNWELL SCHOOL DISTRICT #19, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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 Askins Bailey Barfield Barrett Battle Bauer Baxley Boan Bowers Breeland Brown, H. Brown, J. Brown, T. Campsen Cato Cave Chellis Clyburn Cobb-Hunter Cooper Dantzler Delleney Easterday Edge Fleming Gamble Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hines, J. Hines, M. Hinson Howard Inabinett Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Leach Lee Limehouse Littlejohn Lloyd Loftis Maddox Martin Mason McCraw McGee McKay McLeod McMahand Meacham Miller Mullen Neilson Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young
I came in after the roll call and was present for the Session on Wednesday, March 4.
Olin R. Phillips Annette Young-Brickell James N. Law James L.M. Cromer, Jr. Scott Beck Richard M. Quinn, Jr. Clementa C. Pinckney Jennings G. McAbee Daniel L. Tripp Timothy C. Wilkes David James Mack III John G. Felder Joseph H. Neal Alma W. Byrd Ronald P. Townsend John David Hawkins Douglas Jennings, Jr. Ralph W. Canty Marion P. Carnell Grady A. Brown Bessie Moody-Lawrence Billy Cotty G. Ralph Davenport, Jr. Joe McMaster
DOCTOR OF THE DAY
Announcement was made that Dr. Stephen 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 amendments to Part II.
Debate was resumed on Section 72.
Rep. H. BROWN proposed the following Amendment No. 211 (Doc Name P:\AMEND\JIC\5309HTC.98), which was adopted.
Amend the bill, as and if amended, Part IB, SECTION 72-X90 - General and Temporary, by adding an appropriately numbered paragraph to read:
/_______. (GP: Video Poker) Notwithstanding any other provisions of law, for the period June 1, 1999, to June 30, 1999, the provisions of law herein contained in this subsection are amended in the manner provided. Effective July 1, 1999, such provisions shall revert to the manner in which they existed prior to the effective date of this subsection as and if permanently amended by subsequent provisions of law.
A. Section 12-21-2710 of the 1976 Code, as amended by Act 155 of 1997, is further amended to read:
"Section 12-21-2710. No person may keep on his premises or operate or permit to be kept on his premises or operated within this State any vending or slot machine, or any video game machine with a free play feature operated by a slot in which is deposited a coin or thing of value, or other device operated by a slot in which is deposited a coin or thing of value for the play of poker, blackjack, keno, lotto, bingo, or craps, or any machine or device licensed pursuant to Section 12-21-2720 and used for gambling or any punch board, pull board, or other device pertaining to games of chance of whatever name or kind, including those machines, boards, or other devices that display different pictures, words, or symbols, at different plays or different numbers, whether in words or figures or, which deposit tokens or coins at regular intervals or in varying numbers to the player or in the machine, but the provisions of this section do not extend to coin-operated nonpayout pin tables, in-line pin games, or to automatic weighing, measuring, musical, and vending machines which are constructed as to give a certain uniform and fair return in value for each coin deposited and in which there is no element of chance.
B. (1) Section 12-21-2720(A)(3) of the 1976 Code, as last amended by Section 148, Act 181 of 1993, is further amended to read:
"(3) a machine of the nonpayout type or in-line pin game, operated by a slot in which is deposited a coin or thing of value except machines of the nonpayout pin table type with levers or 'flippers' operated by the player by which the course of the balls may be altered or changed."
(2) Section 12-21-2720(C) of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:
"(C) The owner or operator of any coin-operated device subject to licensing under Section 12-21-2720(A)(3) and which has multi-player stations, shall purchase a separate license for each such station."
(3) Section 12-21-2720 of the 1976 Code, as last amended by Act 155 of 1997, is further amended by deleting subsections (E) and (F), which read:
"(E) The department shall not issue a license for the operation of a video game with a free play feature which is located or intended to be located on a watercraft or vessel plying the territorial waters of this State.
(F) Four hundred dollars of the four thousand dollar license fee imposed in subsection (A) may be retained by the department and expended in budgeted operations for the implementation and ongoing operation of the monitoring system required by law or in other programs and services as the director may determine necessary and appropriate."
C. Section 12-21-2726 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:
"Section 12-21-2726. Every person who maintains for use or permits the use of, on a place or premises occupied by him, a machine subject to the license imposed by this article by way of proof of licensing must have a current license displayed conspicuously on the front of the machine."
D. This paragraph takes effect June 1, 1999./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KELLEY raised a Point of Order that Amendment No. 211 attempted to impose criminal law into a temporary provision of the Appropriations Bill.
SPEAKER WILKINS stated that on a similar Point of Order raised yesterday, he had specifically limited his ruling to state that criminal law could not be amended in Part I B provisions of the Appropriations Bill. He stated further that there were many precedents where permanent law is amended in temporary provisions. He stated that there was no language in Amendment No. 211 that imposed criminal law and that none of the code sections that the amendment referred to dealt with criminal sanctions or punishments - only license fees or certain restrictions. He stated that the amendment did prohibit the operation of video poker machines but, did not criminalize it.
Rep. KELLEY stated that the amendment deleted language from the code section thereby creating a criminal aspect in the temporary provision.
SPEAKER WILKINS stated that the amendment did not criminalize the operation of video poker machines and therefore he overruled the Point of Order.
Rep. H. BROWN explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. KENNEDY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Barfield Barrett Beck Boan Brown, H. Campsen Cato Clyburn Cooper Cromer Delleney Easterday Edge Fleming Gamble Govan Hamilton Harrell Harris Harvin Haskins Hawkins Jordan Kinon Kirsh Klauber Koon Lanford Leach Limehouse Littlejohn Loftis Maddox Martin Mason McAbee McCraw McGee McKay McLeod McMahand Meacham Moody-Lawrence Mullen Neilson Phillips Quinn Rhoad Rice Riser Robinson Sandifer Sharpe Sheheen Simrill Smith, R. Spearman Stille Trotter Vaughn Walker Webb Wilder Wilkins Witherspoon Young Young-Brickell
Those who voted in the negative are:
Bailey Battle Bauer Bowers Breeland Brown, G. Brown, T. Cave Chellis Cobb-Hunter Dantzler Gourdine Hines, M. Hinson Inabinett Keegan Kelley Kennedy Knotts Law Lee Lloyd Miller Pinckney Rodgers Scott Seithel Smith, F. Stuart Whatley Whipper Woodrum
So, the amendment was adopted.
Reps. H. BROWN and McLEOD proposed the following Amendment No. 215 (Doc Name P:\AMEND\002\72P44MC2.002), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 506, paragraph 44, line 5-11, by striking / The proviso in its entirety/ and inserting:
/72.44. (GP: PORS Retirees Salary Limit) Notwithstanding the provisions of subsections (1) and (2) of Section 9-11-90, a retired member of the System may return to employment covered by the System and earn up to fifteen thousand five hundred dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the System. If the retired member continues in service after having earned fifteen thousand five hundred dollars in a fiscal year, his retirement allowance must be discontinued during the period of service in the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. The provisions of this section do not apply to an employee or member of the System who has retired mandatorily because of age pursuant to Section 9-1-1530./
Renumber sections and amend totals/title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
Reps. H. BROWN and McLEOD proposed the following Amendment No. 216 (Doc Name P:\AMEND\002\72p45mc1.002), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 506, paragraph 45, line 12-17, by striking /THE PROVISO IN ITS ENTIRETY/ and inserting:
/72.45. (GP: SCRS Retirees Salary Limit) Notwithstanding any other provision of law, a retired member of the System may return to employment covered by the System and earn up to fifteen thousand five hundred dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the System. If the retired member continues in service after having earned fifteen thousand five hundred dollars in a fiscal year, his retirement allowance must be discontinued during his period of service in the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. The provisions of this section do not apply to an employee or member of the System who has retired mandatorily because of age pursuant to Section 9-1-1530./
Renumber sections and amend totals/title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
Rep. D. SMITH proposed the following Amendment No. 228 (Doc Name P:\AMEND\001\workerscom.001), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 515, line 16, by adding an appropriately numbered paragraph to read:
/Notwithstanding any other provision of law, the state budget and control board is authorized to contract for governmental bodies through a competitive solicitation for their workers compensation insurance.
Contracts may be solicited and awarded consistent with the provisions of chapter 35 of title 11, the south carolina consolidated procurement code. Funds appropriated to state agencies and institutions of higher learning in the annual general appropriations act for the budget category of 'other operating expenses' must be reduced on a pro rata basis to reflect savings in workers compensation costs resulting from this subsection./
Renumber sections and amend totals/title to conform.
Rep. D. SMITH explained the amendment.
Rep. KEEGAN spoke against the amendment.
Rep. D. SMITH spoke in favor of the amendment.
Rep. KELLEY spoke against the amendment.
Rep. LOFTIS spoke in favor of the amendment.
Rep. H. BROWN spoke in favor of the amendment.
The amendment was then adopted.
Rep. WILKINS proposed the following Amendment No. 230 (Doc Name P:\AMEND\009\vpoker3.009), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 515, line 16, by adding an appropriately numbered paragraph to read:
/72.___ (DOR: Crediting of fees to Department of Public Safety) Revenue collected pursuant to section 12/21/2720(f) of the 1976 code, that portion of the license fee for a video game with a free play feature issued during the current fiscal year representing the prorated portion of the fee otherwise credited pursuant to section 12-21-2720(f) must instead be credited to a special account for the Department of Public Safety for purchasing automobiles for the Highway Patrol, and any unobligated balance of cash on hand as of July 1, 1998 collected pursuant to Section 12-21-2720(f) must also be transferred to the special account herein established.
Notwithstanding the provisions of Section 12-21-2782(4) of the 1976 Code or any other provision of law, the requirement that video games machines licenses pursuant to Section 12-21-2720(a)(3) of the 1976 Code be capable of interfacing with a computerized monitoring system of the Department of Revenue is postponed until June 1, 1999. The enforcement provisions of Section 12-21-2797 of the 1976 Code also are postponed until June 1, 1999./
Renumber sections and amend totals/title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
Section 72 as amended was adopted.
Section 17 was adopted.
Rep. JORDAN proposed the following Amendment No. 26 (Doc Name P:\AMEND\KGH\15477HTC.98), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION at the end to read:
TO AMEND SECTION 2-3-20 OF THE 1976 CODE, RELATING TO COMPENSATION AND MILEAGE PAID MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR CUMULATIVE PERCENTAGE INCREASES IN THE COMPENSATION PAID MEMBERS EQUAL TO ANY COST OF LIVING PERCENTAGE PAY INCREASE FOR STATE EMPLOYEES FOR THE FISCAL YEAR ENDING BEFORE THE SESSION OF THE GENERAL ASSEMBLY FOR WHICH THE INCREASE APPLIES.
A. Section 2-3-20 of the 1976 Code is amended by adding a new paragraph at the end to read:
"Beginning with compensation paid to members of the General Assembly for the 1999 session, the compensation of members of the General Assembly must be increased annually by the same total percentage of cost of living adjustments provided for state employees' salaries in the last completed fiscal year before the applicable session of the General Assembly."
B. This section takes effect July 1, 1998./
Renumber sections to conform.
Amend totals and title to conform.
Rep. JORDAN explained the amendment.
Rep. ROBINSON spoke against the amendment and 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:
Altman Askins Bailey Barfield Barrett Battle Bauer Beck Boan Brown, H. Brown, T. Campsen Canty Cato Chellis Clyburn Cooper Cromer Dantzler Delleney Easterday Edge Felder Fleming Gamble Gourdine Hamilton Harrell Harris Harrison Haskins Hawkins Hines, M. Hinson Howard Jennings Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Maddox Martin Mason McCraw McGee McKay McLeod Meacham Miller Moody-Lawrence Mullen Neilson Phillips Pinckney Quinn Rice Riser Robinson Rodgers Sandifer Scott Seithel Sheheen Simrill Smith, D. Smith, F. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Bowers Cave Jordan Rhoad Whipper
So, the amendment was tabled.
I was out of the chamber attending a press conference on teen pregnancy when the vote was taken but I would have to table Amendment 26.
Rep. JAMES EMERSON SMITH, JR.
Rep. CAMPSEN proposed the following Amendment No. 65 (Doc Name P:\AMEND\GJK\21279SD.98), which was tabled.
Amend the bill, as and if amended, by Adding a new SECTION appropriately numbered to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 44-1-235 SO AS TO PROVIDE THAT NO AGENCY OR DEPARTMENT OF THIS STATE, ANY POLITICAL SUBDIVISION OF THIS STATE, OR ANY PERSON OR ENTITY ACTING ON THEIR BEHALF MAY DISTRIBUTE CONDOMS OR OTHER TYPES OF CONTRACEPTIVES TO A PERSON UNDER EIGHTEEN YEARS OF AGE WITHOUT THE WRITTEN CONSENT OF A PARENT, GUARDIAN, OR ONE ACTING IN LOCO PARENTIS.
(A) The 1976 Code is amended by adding:
"Section 44-1-235. Notwithstanding any other provision of law, the following shall not distribute condoms or other types of contraceptives to a person under eighteen years of age without the written consent of his or her parent, guardian, or one acting in loco parentis:
(1) a state agency or department including, but not limited to, the Department of Health and Environmental Control;
(2) an agency or department of any political subdivision of the State; or
(3) any person or entity acting on behalf of or pursuant to an agreement with (1) or (2) above."
(B) The funds appropriated to the Department of Health and Environmental Control in Part IA, Section 9, subsection (E) - Family Health may not be used to distribute condoms or other types of contraceptives in a manner which violates the provisions of Section 44-1-235 of the 1976 Code as contained in section (A)./
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Rep. CAMPSEN explained the amendment.
Reps. LANFORD, SPEARMAN and MOODY-LAWRENCE spoke against the amendment.
Rep. TRIPP spoke in favor of the amendment.
Reps. JENNINGS and BOWERS spoke against the amendment.
Reps. ALTMAN and JORDAN spoke in favor of the amendment.
Rep. FELDER spoke against the amendment.
Rep. LOFTIS spoke in favor of the amendment.
Rep. CROMER moved to table the amendment.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Battle Bauer Baxley Boan Bowers Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Cave Chellis Clyburn Cobb-Hunter Cotty Cromer Dantzler Felder Gourdine Govan Harris Harrison Harvin Hines, J. Hinson Howard Inabinett Jennings Kennedy Kinon Kirsh Knotts Lanford Law Lee Lloyd Mack Maddox Martin McCraw McLeod McMahand Miller Moody-Lawrence Mullen Neal Neilson Phillips Pinckney Rhoad Rodgers Scott Seithel Sheheen Smith, D. Smith, F. Smith, J. Spearman Stille Webb Whipper Wilder Wilkes Young-Brickell
Those who voted in the negative are:
Altman Barfield Barrett Beck Brown, H. Campsen Cato Cooper Davenport Delleney Easterday Edge Fleming Gamble Hamilton Harrell Haskins Hawkins Jordan Keegan Kelley Klauber Koon Leach Limehouse Littlejohn Loftis Mason McAbee McGee McKay Meacham Quinn Rice Riser Robinson Sandifer Simrill Smith, R. Stuart Townsend Tripp Trotter Vaughn Walker Whatley Wilkins Witherspoon Woodrum Young
So, the amendment was tabled.
Rep. HOWARD proposed the following Amendment No. 88 (Doc Name P:\AMEND\JIC\5291htc.98), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section at the end to read:
TO AMEND SECTIONS 9-1-1510, AND 9-1-1550, BOTH AS AMENDED, OF THE 1976 CODE, RELATING TO SERVICE RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REDUCE FROM THIRTY TO TWENTY-FIVE THE YEARS OF CREDITABLE SERVICE TO RETIRE AT ANY AGE WITHOUT PENALTY; TO REQUIRE THE STATE BUDGET AND CONTROL BOARD TO INCREASE BOTH EMPLOYER AND EMPLOYEE CONTRIBUTIONS IN EQUAL AMOUNTS SUFFICIENT TO OFFSET THE INCREASED ACTUARIAL COST OF THESE PROVISIONS; AND TO REPEAL SECTIONS 9-1-1515 AND 9-1-1850, RELATING TO OTHER EARLY RETIREMENT PROVISIONS MADE OBSOLETE BY THIS ACT.
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 1998, 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 1998, 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. The State Budget and Control Board shall increase employer and employee contributions in equal amounts that in total are sufficient to offset the additional actuarial cost of the amendments to Sections 9-1-1510 and 9-1-1550 of the 1976 Code as amended by this section.
D. 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, 1998.
E. This section takes effect July 1, 1998./
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Rep. HOWARD explained the amendment.
Rep. TRIPP raised a Point of Order that Amendment No. 88 was not germane to the Bill in that it did relate to a line item in Part I of the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. H. BROWN moved to table the amendment.
Rep. HOWARD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Barfield Barrett Battle Beck Boan Brown, H. Campsen Cato Chellis Cooper Cotty Cromer Dantzler Easterday Edge Fleming Gamble Hamilton Harrell Harris Harrison Hawkins Hinson Jordan Keegan Kelley Kirsh Klauber Lanford Law Leach Limehouse Littlejohn Loftis Mason McGee McKay McMaster Meacham Mullen Neilson Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sheheen Simrill Smith, D. Smith, R. Stille Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Bailey Bauer Baxley Bowers Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Davenport Delleney Gourdine Govan Hines, J. Howard Inabinett Jennings Kinon Knotts Koon Lee Lloyd Mack Maddox Martin McAbee McCraw McLeod McMahand Miller Moody-Lawrence Neal Phillips Pinckney Rhoad Scott Smith, F. Whipper Wilder Wilkes
So, the amendment was tabled.
I voted not to table on Amendment # 88 (25 year retirement) but my roll call button malfunctioned.
Rep. C. ALEX HARVIN III
Roll Call Amendment 88. I was out of the House Chamber at the time the roll call was entered on the vote to table Amendment # 88. My vote on the motion to table the amendment is no.
Rep. JAMES EMERSON SMITH, JR.
Rep. BAUER proposed the following Amendment No. 122 (Doc Name P:\AMEND\KGH\15482HTC.98), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered Section to read:
TO AMEND SECTION 12-21-2420, AS AMENDED, OF THE 1976 CODE, RELATING TO THE IMPOSITION OF AND EXEMPTIONS FROM THE ADMISSIONS LICENSE TAX, SO AS TO EXEMPT ADMISSION TO A MEMBERSHIP FACILITY THAT PROVIDES ONLY TENNIS COURTS.
A. Section 12-21-2420 of the 1976 Code, as last amended by Act 458 of 1996, is further amended by adding an appropriately numbered item at the end to read:
"( ) On admissions to any membership facility that provides only tennis courts. The entire admission charge of a membership tennis facility which provides any other facilities is subject to the tax imposed by this article."
B. This section takes effect July 1, 1998./
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Rep. BAUER explained the amendment.
Rep. H. BROWN moved to table the amendment, which was agreed to.
Rep. KNOTTS proposed the following Amendment No. 125 (Doc Name P:\AMEND\GJK\21286SD.98), which was tabled.
Amend the bill, as and if amended, PART II, by adding a new SECTION appropriately numbered to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 8-13-711 SO AS TO PROVIDE THAT NO STATE-SUPPORTED COLLEGE OR UNIVERSITY MAY DONATE TO ANY PUBLIC OFFICIAL OR TO THE OFFICE OF ANY PUBLIC OFFICIAL TICKETS TO FOOTBALL OR BASKETBALL GAMES OF THE INSTITUTION OR LEASE BOXES FROM WHICH TO VIEW FOOTBALL OR BASKETBALL GAMES OF THE INSTITUTION WITHOUT PAYMENT OF THE PRICE THAT WOULD BE PAID BY A MEMBER OF THE GENERAL PUBLIC IF SUCH TICKETS OR BOXES WERE MADE AVAILABLE TO THE GENERAL PUBLIC, AND TO PROVIDE THAT NO STATE APPROPRIATED FUNDS, INCLUDING CERTAIN FUNDS APPROPRIATED TO THE OFFICE OF THE GOVERNOR, MAY BE USED TO PURCHASE SUCH TICKETS OR LEASE SUCH BOXES.
The 1976 Code is amended by adding:
"Section 8-13-711. No state-supported college or university may donate to any public official or to the office of any public official tickets to football or basketball games of the institution or lease boxes from which to view football or basketball games of the institution without payment of the price that would be paid by a member of the general public if such tickets or boxes were made available to the general public. In addition, no state appropriated funds, including those appropriated to the Office of the Governor in Part IA, Section 56A, may be used to purchase such tickets or lease such boxes."/
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Rep. KNOTTS explained the amendment.
Rep. BOAN moved to table the amendment, which was agreed to.
Rep. RICE proposed the following Amendment No. 134 (Doc Name P:\AMEND\JIC\5312AC.98), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section to be appropriately numbered which shall read:
TO AMEND SECTION 56-3-210, AS AMENDED, OF THE 1976 CODE, RELATING TO THE GRACE PERIOD FOR PROCURING A MOTOR VEHICLE REGISTRATION AND LICENSE, SO AS TO REQUIRE THAT A TEMPORARY LICENSE PLATE CONTAINING CERTAIN INFORMATION MUST BE DISPLAYED ON THE MOTOR VEHICLE BEFORE THE REGISTRATION AND LICENSE PLATE ARE RECEIVED, TO PROVIDE FINES FOR THE FAILURE TO DISPLAY OR THE DISPLAY OF INACCURATE OR FALSE INFORMATION, AND TO PROVIDE FUNDING FOR THE TEMPORARY LICENSE PLATES.
A. Section 56-3-210 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"Section 56-3-210. (A) Persons newly acquiring vehicles and owners of foreign vehicles being moved into this State and required to be registered under this chapter may have not more than forty-five days in which to register and license them.
(B) Before obtaining a motor vehicle registration and license plate pursuant to subsection (A), a temporary license plate issued by the department must be displayed in the space designated for the placement of a permanent license plate. A number determined by the department, the motor vehicle's purchase date, and the date the grace period contained in subsection (A) expires must be displayed on a temporary license plate. Funds provided in the annual appropriations act, Department of Public Safety, for vehicle services must be used to purchase these temporary license plates.
(C) The department shall provide temporary license plates at a cost of two dollars to licensed motor vehicle dealers who must then issue these license plates to purchasers of motor vehicles for four dollars. In the alternative, a licensed motor vehicle dealer may provide a temporary license plate which displays the information required in subsection (B), the dealer's name, and the consecutive numbering of that plate in regard to the total number of temporary license plates issued by that dealer. The records of the temporary license plates issued must be kept by the dealer and be available for review by the department of public safety. There shall be no charges for these temporary license plates.
(D) A person who purchases a motor vehicle from a person other than a licensed motor vehicle dealer, within three business days of the purchase, must obtain a temporary license plate from the department. The cost of this license plate is two dollars.
(E) A person issuing a temporary license plate must obtain the motor vehicle owner's driver's license number, the vehicle's identification number, and proof of insurance. This information must be filed with the department.
(F) A person subject to the provisions contained in subsection (B) is responsible for the accuracy of the information displayed. Failure to display or properly display the information required in this section shall result in a fine of not more than twenty-five dollars. Display of false information shall result in a fine of not more than five hundred dollars.
(G) Notwithstanding any other provision of law, revenue collected by the department pursuant to this section must be set aside in a special nongeneral fund account to be used by the department to purchase patrol vehicles. "
B. This section takes effect July 1, 1998./
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Rep. RICE explained the amendment.
Rep. FELDER moved to table the amendment.
Rep. RICE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Barfield Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, J. Brown, T. Byrd Campsen Canty Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cromer Dantzler Davenport Delleney Edge Felder Fleming Gamble Gourdine Harris Harvin Hawkins Hines, J. Hinson Howard Inabinett Jordan Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Lee Littlejohn Loftis Mack Maddox Martin Mason McAbee McCraw McGee McKay McLeod Miller Moody-Lawrence Neilson Phillips Rhoad Riser Scott Sharpe Sheheen Simrill Smith, F. Smith, J. Smith, R. Spearman Stille Townsend Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young
Those who voted in the negative are:
Allison Altman Barrett Brown, H. Cotty Easterday Hamilton Harrell Harrison Law Leach Limehouse Meacham Neal Pinckney Quinn Rice Robinson Sandifer Seithel Stuart Trotter Vaughn Walker Webb Young-Brickell
So, the amendment was tabled.
Reps. COOPER, COBB-HUNTER, HASKINS and VAUGHN proposed the following Amendment No. 146 (Doc Name P:\AMEND\JIC\5286HTC.98), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND SECTIONS 1-25-60, AS AMENDED, 2-13-240, AS AMENDED, 2-15-120, AND 8-13-770 OF THE 1976 CODE, RELATING TO THE HUMAN SERVICES RESOURCE PROJECT, DISTRIBUTION OF THE CODE OF LAWS, CONFIDENTIALITY OF RECORDS, AND LEGISLATIVE MEMBERS OF BOARDS AND COMMISSIONS, SO AS TO DELETE REFERENCES TO THE STATE REORGANIZATION COMMISSION; AND TO REPEAL CHAPTERS 19, 20, AND 22 OF TITLE 1, RELATING TO THE ESTABLISHMENT OF THE STATE REORGANIZATION COMMISSION, REVIEW OF STATE AGENCIES AND BOARDS, AND THE COMPLIANCE REVIEW ACT OF 1988.
A. Section 1-25-60(A)(2) of the 1976 Code, as last amended by Section 20, Act 181 of 1993, is further amended to read:
"(2) Reserved A representative of the State Reorganization Commission, who shall serve as Chairman."
B. Section 2-13-240(a) of the 1976 Code, as last amended by Act 34 of 1997, is further amended to read:
"(a) Sets of the Code of Laws of South Carolina, 1976, shall be distributed by the Legislative Council as follows: Governor, three; Lieutenant Governor, two; Secretary of State, three; Treasurer, one; Attorney General, fifty; Adjutant General, one; Comptroller General, two; Superintendent of Education, two; Commissioner of Agriculture, two; each member of the General Assembly, one; office of the Speaker of the House of Representatives, one; Clerk of the Senate, one; Clerk of the House of Representatives, one; each committee room of the General Assembly, one; each member of the Legislative Council, one; Code Commissioner, one; Legislative Council, ten; Supreme Court, fourteen; Court Administration Office, five; each circuit court judge, one; each circuit court solicitor, one; each family court judge, one; each county court judge, one; College of Charleston, one; The Citadel, two; Clemson University, three; Francis Marion College, one; Lander College, one; Medical University of South Carolina, two; South Carolina State College, two; University of South Carolina, four; each regional campus of the University of South Carolina, one; University of South Carolina Law School, forty-six; Winthrop College, two; each technical college or center, one; each county governing body, one; each county clerk of court and register of deeds where such offices are separate, one; each county auditor, one; each county coroner, one; each county magistrate, one; each county master in equity, one; each county probate judge, one; each county public library, one; each county sheriff, one; each public defender, one; each county superintendent of education, one; each county treasurer, one; Library of Congress, three; United States Supreme Court, one; each member of Congress from South Carolina, one; each state library which furnishes this State a free set of its Code of Laws, one; Division of Aeronautics of the Department of Commerce, one; Department of Alcohol and other Drug Abuse Services, one; Department of Archives and History, one; Board of Bank Control, one; Commissioner of Banking, one; Budget and Control Board (Auditor, six; General Services Division, six; Personnel Division, one; Research and Statistical Services Division, one; Retirement System, one); Children's Bureau, one; Department of Consumer Affairs, one; Department of Corrections, two; Criminal Justice Academy, one; Department of Commerce, five; Employment Security Commission, two; Ethics Commission, one; Forestry Commission, one; Department of Health and Environmental Control, five; Department of Transportation, five; Department of Public Safety, five; Human Affairs Commission, one; Workers' Compensation Commission, seven; Department of Insurance, two; Department of Juvenile Justice and Aftercare, one; Department of Labor, Licensing and Regulation, two; South Carolina Law Enforcement Division, four; Legislative Audit Council, one; State Library, three; Department of Mental Health, three; Department of Disabilities and Special Needs, five; Ports Authority, one; Department of Probation, Parole and Pardon, two; Public Service Commission, three; Reorganization Commission, one; Department of Social Services, two; Department of Revenue, six; Board for Technical and Comprehensive Education, one; Veterans' Affairs Division of the Governor's office, one; Vocational Rehabilitation, one; Department of Natural Resources, four."
C. Section 2-15-120 of the 1976 Code is amended to read:
"Section 2-15-120. All records of the State Reorganization Commission and the Legislative Audit Council with the exception of its final review and evaluation reports provided for by Section 1-20-10 and its final audit reports provided for by Section 2-15-60 shall be are confidential and not subject to public disclosure prior to the publication of the final audit report. The court in determining the extent to which any disclosure of all or any part of a council record is necessary shall impose appropriate safeguards against unauthorized disclosure.
As used in this section, 'records' shall include includes but is not be limited to books, papers, maps, photographs, cards, tapes, recordings, or other documentary materials regardless of physical form or characteristics prepared, owned, used, in the possession of or retained by the Legislative Audit Council and the State Reorganization Commission.
Any person violating the provisions of this section shall be is deemed guilty of a misdemeanor and, upon conviction, shall may be fined not more than one thousand dollars or imprisoned not more than one year, or both, in the discretion of the court. If the person convicted is an officer or employee of the State, he shall must be dismissed from office or employment and be is ineligible to hold any public office in this State for a period of five years after such the conviction."
D. Section 8-13-770 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-770. A member of the General Assembly may not serve in any capacity as a member of a state board or commission, except for the State Budget and Control Board, the Advisory Commission on Intergovernmental Relations, the Legislative Audit Council, the Legislative Council, the Legislative Information Systems, the Reorganization Commission, the Judicial Council, the Sentencing Guidelines Commission, the Commission on Prosecution Coordination, and the joint legislative committees."
E. Chapters 19, 20, and 22 of Title 1 of the 1976 Code are repealed.
F. This section takes effect July 1, 1998./
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Rep. COOPER explained the amendment.
Rep. KIRSH spoke against the amendment and moved to table the amendment.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Barfield Battle Bauer Boan Bowers Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Canty Cave Cromer Dantzler Davenport Delleney Felder Gourdine Harrell Harris Harrison Harvin Hawkins Hines, J. Hinson Howard Inabinett Jennings Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Littlejohn Lloyd Mack Maddox Martin Mason McCraw McGee McKay McLeod McMahand Meacham Miller Moody-Lawrence Neal Neilson Rhoad Riser Robinson Sandifer Scott Sharpe Sheheen Simrill Smith, F. Smith, J. Spearman Stille Stuart Walker Webb Wilder Wilkes Witherspoon
Those who voted in the negative are:
Altman Askins Barrett Beck Breeland Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Easterday Edge Fleming Gamble Hamilton Haskins Keegan Kelley Leach Limehouse Loftis McAbee McMaster Phillips Quinn Rice Seithel Smith, D. Smith, R. Townsend Tripp Trotter Vaughn Whatley Wilkins Woodrum Young Young-Brickell
So, the amendment was tabled.
Rep. FLEMING proposed the following Amendment No. 154 (Doc Name P:\AMEND\GJK\21290SD.98), 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 1-11-300 OF THE 1976 CODE, RELATING TO THE REQUIREMENTS THAT STATE AGENCIES DEVELOP AND IMPLEMENT UNIFORM COST ACCOUNTING AND REPORTING SYSTEMS IN REGARD TO MOTOR VEHICLES, SO AS TO FURTHER PROVIDE FOR THE CIRCUMSTANCES WHERE GASOLINE MAY BE PURCHASED FROM RETAIL FUEL OUTLETS AND STATE-OWNED FACILITIES.
Section 1-11-300 of the 1976 Code is amended to read:
"Section 1-11-300. In accordance with criteria established by the board, each agency shall develop and implement a uniform cost accounting and reporting system to ascertain the cost per mile of each motor vehicle used by the State under their control. Agencies presently operating under existing systems may continue to do so provided that board approval shall be required and that the existing systems shall be uniform with the criteria established by the board. Beginning July 1, 1981, all routine expenditures All expenditures on a vehicle for gasoline and oil shall be purchased in one of the following ways:
(1) from state-owned facilities and paid for by the use of Universal State Credit Cards except in unavoidable emergencies where agencies purchase these products in bulk;
(2) from any fuel outlet where gasoline and oil are sold regardless of whether the outlet accepts a credit or charge card when the purchase is necessary or in the best interest of the State; and
(3) from a fuel outlet where gasoline and oil are sold when that outlet agrees to accept the Universal State Credit Card.
These provisions regarding purchase of gasoline and oil and usability of the state credit card also apply to alternative transportation fuels where available. The Budget and Control Board Division of Operations shall adjust the appropriation in Part IA, Section 63B, for 'Operating Expenses - Lease Fleet' to reflect the dollar savings realized by these provisions and transfer such amount to other areas of the State Fleet Management Program. The Board shall promulgate regulations regarding the purchase of motor vehicle equipment and supplies to ensure that agencies within a reasonable distance are not duplicating maintenance services or purchasing equipment that is not in the best interest of the State. The Board shall develop a uniform method to be used by the agencies to determine the cost per mile for each vehicle operated by the State. "/
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Rep. FLEMING explained the amendment.
The amendment was then adopted.
Reps. ASKINS and QUINN proposed the following Amendment No. 156 (Doc Name P:\AMEND\JIC\5290HTC.98), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-36-2110, AS AMENDED, OF THE 1976 CODE, RELATING TO THE THREE HUNDRED DOLLAR MAXIMUM SALES TAX ON AIRCRAFT, MOTOR VEHICLES, MOTORCYCLES, BOATS, TRAILORS, RECREATIONAL VEHICLES, SELF-PROPELLED LIGHT CONSTRUCTION EQUIPMENT, AND CERTAIN OTHER ITEMS OF TANGIBLE PERSONAL PROPERTY, SO AS TO PROVIDE THAT EQUIPMENT INSTALLED ON A FIREFIGHTING VEHICLE IS INCLUDED WITH THE VEHICLE FOR PURPOSES OF CALCULATING THE MAXIMUM TAX DUE.
A. Section 12-36-2110 of the 1976 Code, as last amended by Act 151 of 1997, is further amended by adding an appropriately lettered subsection at the end to read:
"( ) Equipment provided, supplied or installed on a firefighting vehicle is included with the vehicle for purposes of calculating the maximum tax due under this section."
B. This section takes effect June 29, 1999./
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Rep. ASKINS explained the amendment.
The amendment was then adopted.
Rep. MEACHAM proposed the following Amendment No. 159 (Doc Name P:\AMEND\PSD\7256JM.98), 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 59-63-20, AS AMENDED, OF THE 1976 CODE, RELATING TO THE AGE OF ATTENDANCE FOR THE PUBLIC SCHOOLS OF THIS STATE, SO AS TO REVISE THE MANNER IN WHICH THE AGE RESTRICTIONS OF THIS SECTION MAY BE WAIVED BY LOCAL SCHOOL BOARDS OF TRUSTEES, AND TO PROVIDE THAT THE COST OF ADMINISTERING THE APPROPRIATE TEST IN ORDER TO WAIVE THE ABOVE AGE RESTRICTIONS MUST BE PAID BY THE PARTY SEEKING THE WAIVER AND NOT BY THE SCHOOL DISTRICT.
Section 59-63-20 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:
"Section 59-63-20. It is not lawful for any person who is less than five or more than twenty-one years of age to attend any of the public schools of this State, including kindergarten, except that:
(1) persons over twenty-one years of age may attend night schools;
(2) when a pupil is in the graduating class and becomes twenty-one years of age before graduation, he is permitted to complete the term if otherwise qualified to do so;
(3) students may enter kindergarten in the public schools of this State if they will attain the age of five on or before September first of the applicable school year or have substantially initiated a public school kindergarten program in another state that has a different attendance age requirement from South Carolina;
(4) students may not enter the first grade in the public schools of this State unless they will attain the age of six on or before September first of the applicable school year or have substantially initiated a first grade program in another state that has a different attendance age requirement from South Carolina or have attended a public school kindergarten program for one full school year;
(5) the restrictions in this section may be waived by the local board of school trustees in any proper case. However, that if the provisions of items (3) and (4) of this section are not complied with, the school district is not entitled to receive any state aid for any students who fail to meet these requirements; should appropriate testing indicate the student is prepared to enter the first grade. The cost of administering such appropriate testing shall be provided for by the party seeking the age requirement waiver and not from funds transmitted to school districts from state education funding;
(6) four-year-olds may attend optional child development programs and all three-year-old, four-year-old, and five-year-old children with disabilities in accordance with their individual education program, may participate in any public education preschool program, including optional child development programs. Children with disabilities served in four-year-old optional child development programs may be counted for funding under both funding sources."/
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Rep. MEACHAM explained the amendment.
Rep. SHEHEEN spoke against the amendment.
Rep. HARRELL spoke in favor of the amendment.
Rep. BYRD moved to table the amendment.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Cooper Cotty Davenport Edge Fleming Gourdine Govan Hines, J. Howard Inabinett Jordan Kennedy Lee Lloyd Martin Miller Neal Phillips Rhoad Scott Sheheen Spearman Stille Townsend Wilkes Witherspoon Woodrum
Those who voted in the negative are:
Altman Askins Barfield Barrett Battle Bauer Baxley Beck Boan Brown, H. Campsen Cato Chellis Cromer Dantzler Delleney Easterday Felder Gamble Hamilton Harrell Harris Harrison Harvin Haskins Hinson Jennings Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Maddox Mason McAbee McCraw McGee McKay McLeod McMaster Meacham Moody-Lawrence Mullen Neilson Quinn Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, J. Smith, R. Tripp Trotter Vaughn Webb Whatley Wilder Wilkins Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. HOWARD moved that the House recede until 2:15 P.M., which was adopted.
Further proceedings were interrupted by the House receding, the pending question being the consideration of amendments to Part II.
At 2:15 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised. A quorum was later present.
Debate was resumed on the following Bill, the pending question being the consideration of amendments to Part II.
Rep. KLAUBER proposed the following Amendment No. 161 (Doc Name P:\AMEND\PSD\7248SD.98), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section which will read:
TO AMEND SECTION 25-1-2450 OF THE 1976 CODE, RELATING TO THE APPOINTMENT OF JUDGE ADVOCATES AND LEGAL OFFICERS BY THE ADJUTANT GENERAL AND THE ELIGIBILITY FOR APPOINTMENT INCLUDING A REQUIREMENT THAT THESE JUDGE ADVOCATES OR LEGAL OFFICERS MUST BE MEMBERS OF THE SOUTH CAROLINA BAR, SO AS TO PROVIDE THAT AN ATTORNEY WHO IS A MEMBER IN GOOD STANDING OF THE BAR OF ANY STATE IN THE UNITED STATES, BUT NOT OF SOUTH CAROLINA, IS ELIGIBLE FOR APPOINTMENT IF THEY BECOME A MEMBER OF THE SOUTH CAROLINA BAR WITHIN ONE YEAR.
(A) Section 25-1-2450(3) of the 1976 Code is amended to read:
"3. To be eligible for appointment, judge advocates or legal officers must be members of the South Carolina Bar. However, an attorney who is a member in good standing of the bar of any state in the United States but not of South Carolina is eligible for appointment under this section, but shall be required to become a member of the South Carolina Bar within one year of appointment."
(B) Any attorney who is appointed as a judge advocate or legal officer under the provisions of subsection (A) may immediately after appointment begin duties and the adjutant general is authorized to expend funds appropriated in Part 1A, Section 61 for "Operations and Training" for this purpose./
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Rep. KLAUBER explained the amendment.
Rep. KIRSH raised a Point of Order that Amendment No. 161 was not germane to the Bill in that it did not relate to a line item in Part I of the Bill.
Rep. KLAUBER argued contra.
SPEAKER WILKINS overruled the Point of Order.
Rep. KLAUBER continued speaking.
Rep. ROBINSON moved to divide the question.
Rep. KLAUBER moved to table the motion.
Rep. HAWKINS demanded the yeas and nays, which were not ordered.
The motion to divide the question was tabled by a division vote of 47 to 22.
Rep. SHEHEEN spoke against the amendment.
Rep. HAWKINS spoke in favor of the amendment.
The amendment was then adopted.
Rep. BAUER proposed the following Amendment No. 164 (Doc Name P:\AMEND\JIC\5298HTC.98), 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 59-101-410 SO AS TO LIMIT THE ROYALTIES ALLOWED TO BE RETAINED BY AN ENTITY WHICH CONTRACTS WITH A STATE INSTITUTION OF HIGHER LEARNING FOR THE LICENSING OF ITS REGISTERED TRADEMARKS TO NO MORE THAN TEN PERCENT OF THE ROYALTIES RECEIVED OR AN EQUIVALENT LIMIT WHEN PAYMENT IS BASED ON OTHER THAN A PERCENTAGE OF ROYALTIES.
A. Chapter 101, Title 59 of the 1976 Code is amended by adding:
"Section 59-101-410. Contracts by public institutions of higher learning with any entity for the purpose of licensing products manufactured with the institution's registered trademarks must limit the percentage of royalties that may be retained by the licensing entity to no more than ten percent of total royalties or an equivalent limit when payment is based on other than a percentage of royalties."
B. This section takes effect July 1, 1998, and applies to contracts entered into on or after this date./
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Rep. BAUER explained the amendment.
Rep. McABEE raised a Point of Order that Amendment No. 164 was not germane to the Bill in that it did not relate to a line item in Part I of the Bill.
Rep. BAUER argued contra.
Rep. FLEMING argued contra.
SPEAKER WILKINS overruled the Point of Order.
Rep. BAUER continued speaking.
Rep. McABEE moved to table the amendment.
Rep. KNOTTS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Baxley Beck Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Canty Carnell Cato Cave Chellis Clyburn Cooper Delleney Felder Gamble Gourdine Hamilton Harrison Hines, J. Hinson Inabinett Jennings Keegan Kelley Kinon Kirsh Klauber Lanford Law Leach Littlejohn Mack Mason McAbee McCraw McGee McKay McLeod McMahand Mullen Phillips Pinckney Quinn Rhoad Rice Riser Rodgers Sandifer Scott Sheheen Smith, J. Smith, R. Townsend Tripp Webb Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Altman Barfield Barrett Battle Bauer Campsen Cotty Cromer Dantzler Easterday Fleming Harrell Harris Hawkins Knotts Koon Lee Loftis Meacham Miller Neilson Robinson Seithel Simrill Spearman Stille Stuart Trotter Walker Whatley
So, the amendment was tabled.
Rep. BOAN proposed the following Amendment No. 179 (Doc Name P:\AMEND\BBM\9748SD.98).
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 8-1-155 SO AS TO PROVIDE THAT ANY FULL-TIME STATE EMPLOYEE, EXCEPT THOSE WHO ARE PUBLIC OFFICIALS, WHO ANNOUNCES OR FILES AS A CANDIDATE FOR A STATEWIDE ELECTIVE OFFICE, A SEAT IN THE GENERAL ASSEMBLY, OR A LEGISLATIVELY-ELECTED POSITION WITH COMPENSATION MUST BE PLACED IN AN UNPAID STATUS DURING THE TERM OF HIS CANDIDACY.
The 1976 Code is amended by adding:
"Section 8-1-155. Any full-time state employee, except those who are public officials whose compensation is provided for in the annual general appropriations act, who announces or files, whichever occurs first, as a candidate for a statewide elective office, a seat in the General Assembly, or a legislatively-elected position with compensation must be placed in an unpaid status during the term of candidacy."/
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Rep. BOAN explained the amendment and moved to adjourn debate upon the amendment, which was adopted.
Rep. QUINN proposed the following Amendment No. 183 (Doc Name P:\AMEND\BBM\9754DW.98), which was adopted.
Amend the bill, as and if amended, PART II, by adding an appropriately-numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 52-7-37 SO AS TO PROVIDE THAT NO TAX OR FEE MAY BE IMPOSED BY THE STATE ATHLETIC COMMISSION OR A COUNTY ATHLETIC COMMISSION ON THE GROSS RECEIPTS RECEIVED BY REASON OF THE LEASE OR SALE OF TELEVISION, MOTION PICTURE, OR RADIO RIGHTS IN CONNECTION WITH ANY BOXING, WRESTLING, KICK BOXING, FULL CONTACT KARATE, OR SPARRING EXHIBITION OR PERFORMANCE IN THIS STATE.
A. The 1976 Code is amended by adding:
"Section 52-7-37. Notwithstanding any other provision of law, including applicable regulations, no tax or fee may be imposed by the State Athletic Commission or a county athletic commission on the gross receipts received by reason of the lease or sale of television, motion picture, or radio rights in connection with any boxing, wrestling, kick boxing, full contact karate, or sparring exhibition or performance in this State."
B. This section is repealed July 30, 1999 unless otherwise extended by act or resolution of the General Assembly./
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Rep. QUINN explained the amendment.
Rep. STUART raised a Point of Order that Amendment No. 183 was not germane to the Bill in that it did not relate to a line item in Part I of the Bill.
Rep. QUINN argued contra.
SPEAKER WILKINS overruled the Point of Order.
The amendment was then adopted.
Rep. WALKER proposed the following Amendment No. 186 (Doc Name P:\AMEND\JIC\5297HTC.98), 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 9-1-1515 OF THE 1976 CODE, RELATING TO EARLY RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REVISE THE REQUIREMENTS AND ALLOW PERSONS WHO HAVE ATTAINED AGE FIFTY AND HAVE AT LEAST TWENTY-FIVE YEARS OF CREDITABLE SERVICE TO RETIRE WITHOUT PENALTY; TO AMEND SECTION 9-1-1020, AS AMENDED, RELATING TO EMPLOYEE CONTRIBUTIONS TO THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO RAISE THE CONTRIBUTION BY 1.38 PERCENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-760 SO AS TO REQUIRE THE STATE BUDGET AND CONTROL BOARD TO INCREASE EMPLOYEE-PAID PREMIUMS UNDER THE STATE HEALTH INSURANCE AND DENTAL PLANS IN AN AMOUNT SUFFICIENT TO OFFSET THE ADDITIONAL INSURANCE COSTS RESULTING FROM EARLY RETIREMENTS.
A. Section 9-1-1515 of the 1976 Code, as added by Act 559 of 1990, is amended to read:
"Section 9-1-1515. (A) In addition to other types of retirement provided by this chapter, a member who has attained the age of fifty-five years and who has at least twenty-five years of creditable service may elect early retirement. A member electing early retirement shall apply in the manner provided in Section 9-1-1510.
(B) The benefits for a member electing early retirement under this section must be calculated in the manner provided in Section 9-1-1550, except that in lieu of any other reduction factor, his early retirement allowance is reduced by four percent a year, prorated for periods less than one year, for each year of creditable service less than thirty.
(C) A member who elects early retirement under this section is ineligible to receive any cost-of-living increase provided by law to retirees until the second July first after the date the member attains age sixty; or the second July first after the date the member would have thirty years' creditable service had he not retired, whichever is earlier.
(D) (1) Except as provided in item (2) of this subsection, a member who elects early retirement under this section is not covered by the State Insurance Benefits Plan until the earlier of:
(a) the date the member attains age sixty, or
(b) the date the member would have thirty years' creditable service had he not retired.
(2) A member taking early retirement may maintain coverage under the State Insurance Benefits Plan until the date his coverage is reinstated pursuant to item (1) of this subsection by paying the total premium cost, including the employer's contribution, in the manner provided by the Division of Insurance Services of the State Budget and Control Board.
(A) Notwithstanding the provisions of Section 9-1-1510 and 9-1-1550, a member who has attained the age of fifty years and who has less than thirty but twenty-five or more years of creditable service may elect service retirement as provided in this section. A member electing service retirement shall apply in the manner provided in Section 9-1-1510.
(B) The benefits for a member electing to retire under this section must be calculated in the manner provided in Section 9-1-1550, except that in the case of a member retiring pursuant to this section, the reduction factor provided in that section does not apply."
B. The third unnumbered paragraph of Section 9-1-1020 of the 1976 Code, as last amended by Act 475 of 1988, is further amended to read:
"The rates of the deductions must be, without regard to a member's coverage under the Social Security Act, as follows: in the case of Class One members five 6.38 percent of earnable compensation and, in the case of Class Two members, six 7.38 percent of earnable compensation."
C. Article 5, Chapter 11, Title 1 of the 1976 Code is amended by adding:
"Section 1-11-760. In setting the rates of state employee contributions for state health and dental insurance programs, the State Budget and Control Board shall add an amount sufficient to offset in each fiscal year additional health and dental insurance costs incurred by the State as a result of retirements pursuant to Section 9-1-1515."
D. This section takes effect July 1, 1998, and the amendment to Section 9-1-1515 of the 1976 Code contained in this act applies with respect to members of the South Carolina Retirement System retiring after June 30, 1998./
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Rep. WALKER explained the amendment.
Rep. ROBINSON raised a Point of Order that Amendment No. 186 was not germane to the Bill in that it did not relate to a line item in Part I of the Bill.
Rep. WALKER argued contra.
SPEAKER WILKINS sustained the Point of Order.
Rep. McLEOD proposed the following Amendment No. 191 (Doc Name P:\AMEND\PSD\7258AC.98), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-36-2110, AS AMENDED, OF THE 1976 CODE, RELATING TO THE MAXIMUM SALES TAX ON CERTAIN ITEMS, SO AS TO INCREASE THE MAXIMUM TAX ON MOTOR VEHICLES, MOTOR HOMES, AND MOTORCYCLES FROM THREE HUNDRED DOLLARS TO ONE THOUSAND DOLLARS AND TO ADD SECTION 12-37-2715 SO AS TO PROVIDE THAT THIS INCREASE MUST BE USED TO ROLL BACK PROPERTY TAXES ON THESE ITEMS IN THE AMOUNT OF NINE HUNDRED DOLLARS EACH.
A. Section 12-36-2110(A) of the 1976 Code, as last amended by Act 431 of 1996, Part II, is further amended to read:
"(A)(1) The maximum tax imposed by this chapter is three hundred dollars for each sale made after June 30, 1984, or lease executed after August 31, 1985, of each:
(1)(a) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;
(2) motor vehicle;
(3) motorcycle;
(4)(b) boat;
(5)(c) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, and horse trailers but not including house trailers or campers as defined in Section 56-3-710; or
(6) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or
(7)(d) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower.
(2) The maximum tax imposed by this chapter is one thousand dollars for each sale made after June 30, 1998, or lease executed after August 31, 1999, of each:
(a) motor vehicle;
(b) motorcycle; or
(c) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel.
(3) In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals three hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must be in writing and specifically state the term of, and remain in force for, a period in excess of ninety continuous days."
B. Article 21, chapter 37, title 12, of the 1976 Code, relating to assessment of property taxes on motor vehicles, is amended by adding:
"Section 12-37-2715. The revenue collected from the increase in the sales tax cap on motor vehicles, motorcycles, and motor homes to one thousand dollars as provided for in Section 12-36-2110(A)(2) must be used to fund a roll back of property taxes on motor vehicles, motorcycles, and motor homes as described in Section 12-36-2110(A)(2) in the amount of nine hundred dollars each."
C. This section takes effect July 1, 1998./
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Rep. McLEOD explained the amendment.
Rep. ROBINSON raised a Point of Order that Amendment No. 191 was out of order in that the amendment, by definition under Code Section 11-11-440, increased taxes applicable to over fifty percent of the population, which should be drawn up as in another Bill separate from the Appropriations Bill.
Rep. McLEOD argued contra.
Rep. SHEHEEN argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. HARRELL moved to reconsider the vote whereby Amendment No. 146 was tabled.
Rep. KIRSH moved to table the motion.
Rep. HARRELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Baxley Brown, G. Carnell Delleney Gamble Keegan Kirsh Klauber McCraw McLeod McMahand Miller Moody-Lawrence Phillips Rhoad Sheheen Spearman Stille Stoddard Stuart Wilkes
Those who voted in the negative are:
Allison Altman Askins Barfield Barrett Battle Bauer Beck Boan Bowers Breeland Brown, H. Brown, J. Byrd Campsen Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Easterday Edge Felder Fleming Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hinson Howard Inabinett Jennings Jordan Kelley Kennedy Kinon Knotts Koon Lanford Law Leach Lee Littlejohn Lloyd Loftis Mack Mason McAbee McGee McKay Meacham Neal Neilson Pinckney Quinn Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Simrill Smith, D. Smith, J. Smith, R. Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkins Woodrum Young Young-Brickell
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider, which was agreed to.
Rep. KIRSH spoke against the amendment.
Rep. SHEHEEN raised a Point of Order that Amendment No. 146 was out of order in that it violated Rule 5.3B in that it amended the permanent code by striking the Reorganization Commission and did not relate to a line item in Part I of the Appropriations Bill.
SPEAKER WILKINS stated that it would have a direct effect on Part I, page 309, line 137 which is the funding for the Reorganization Commission and therefore he overruled the Point of Order.
The question then recurred to the adoption of the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Barfield Barrett Bauer Baxley Beck Bowers Brown, H. Byrd Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Easterday Edge Felder Fleming Gourdine Govan Hamilton Harrell Harrison Haskins Hawkins Hinson Howard Inabinett Jennings Jordan Kelley Kinon Knotts Koon Law Leach Lee Littlejohn Lloyd Loftis Mack Maddox Martin Mason McAbee McGee McKay Neal Neilson Pinckney Quinn Rice Robinson Rodgers Sandifer Scott Seithel Sharpe Smith, D. Smith, J. Smith, R. Spearman Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Bailey Battle Breeland Brown, G. Brown, J. Brown, T. Canty Carnell Davenport Delleney Gamble Harvin Hines, J. Keegan Kennedy Kirsh Klauber Lanford McCraw McLeod McMahand Meacham Miller Moody-Lawrence Phillips Rhoad Riser Sheheen Simrill Stille Stoddard Stuart Wilder Wilkes
So, the amendment was adopted.
Rep. H. BROWN proposed the following Amendment No. 209 (Doc Name P:\AMEND\JIC\5299HTC.98), which was adopted.
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 11-11-340 SO AS TO ESTABLISH IN THE STATE TREASURY THE STATE INSTITUTION BONDS AND STATE HIGHWAY BONDS DEBT SERVICE FUND, TO REQUIRE AMOUNTS TO BE CREDITED TO THIS FUND AMOUNTS SUFFICIENT TO PAY DEBT SERVICE ON STATE INSTITUTION BONDS AND STATE HIGHWAY BONDS, AND TO PROVIDE THAT AMOUNTS CREDITED TO THIS FUND ARE NOT CONSIDERED STATE GENERAL FUND REVENUES.
Article 3, Chapter 11, Title 11 of the 1976 Code is amended by adding:
"Section 11-11-340. There is established in the State Treasury the State Institution Bonds and State Highway Bonds Debt Service Fund which must be maintained separately from the general fund and other funds. Annually there must be credited to this account amounts sufficient for debt service payments on state institution bonds and state highway bonds. Amounts credited to this fund are not considered state general fund revenues."/
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Rep. H. BROWN explained the amendment.
The amendment was then adopted.
Rep. WALKER proposed the following Amendment No. 219 (Doc Name P:\AMEND\KGH\15496CM.98), which was ruled out of order.
Amend the bill, as and if amended, PART II, by adding a new SECTION appropriately numbered to read:
TO AMEND SECTION 11-27-110, AS AMENDED, OF THE 1976 CODE, RELATING TO LEASE PURCHASE OR FINANCING
AGREEMENTS BEING SUBJECT TO APPLICABLE CONSTITUTIONAL DEBT LIMITATIONS, SO AS TO FURTHER PROVIDE FOR THOSE FINANCING AGREEMENTS, LEASE PURCHASE AGREEMENTS, OR CONTRACTS WHICH A GOVERNMENTAL ENTITY IS PERMITTED TO ENTER INTO WITHOUT THEIR BEING SUBJECT TO APPLICABLE CONSTITUTIONAL DEBT LIMITATIONS, AND TO MAKE TECHNICAL REFERENCE CHANGES.
A. Section 11-27-110(B) of the 1976 Code is amended to read:
"(B) A governmental entity described in subsection (A)(7)(8)(b) of this section may not enter into a financing agreement, other than an enterprise financing agreement, a lease purchase agreement for acquisition of energy efficiency products as provided for in Section 48-52-660, or a guaranteed energy savings contract for energy conservation measures as provided for in Section 48-52-670 where no such lease agreement or contract shall constitute in any manner an agreement, consent, authority, or otherwise to provide retail sales of energy by an energy or power provider or creates the authority to sell or provide retail energy or power, if the principal balance of the financing agreement, when added to the principal amount of limited bonded indebtedness outstanding on the date of execution of the financing agreement exceeds eight percent of the assessed value of taxable property in the jurisdiction of the governmental entity unless the financing agreement is approved by a majority of the electors voting on the agreement in a referendum duly called for this purpose by the governmental entity."
B. Section 11-27-110(C) of the 1976 Code is amended to read:
"(C) If a governmental entity described in subsection (A)(7)(8)(b) of this section has outstanding any financing agreement, other than an enterprise financing agreement, a lease purchase agreement for acquisition of energy efficiency products as provided for in Section 48-52-660, or a guaranteed energy savings contract for energy conservation measures as provided for in Section 48-52-670, where no such lease agreement or contract shall constitute in any manner an agreement, consent, authority, or otherwise to provide retail sales of energy by an energy or power provider or creates the authority to sell or provide retail energy or power, on the date of issuance of any limited bonded indebtedness pursuant to any bond act, the amount of this limited bonded indebtedness plus the amount of all other limited bonded indebtedness of the governmental entity, when added to the principal balance under any financing agreement or agreements of the governmental entity must not exceed the amount of the governmental entity's constitutional debt limit unless this bonded indebtedness is approved by a majority of the electors voting on the bonded indebtedness in a referendum duly called for this purpose by the governmental entity. This requirement applies notwithstanding any other provision of any bond act and is in addition to the terms and conditions specified in any bond act."/
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Rep. WALKER explained the amendment.
Rep. ROBINSON raised a Point of Order that Amendment No. 219 was not germane to the Bill in that it did not relate to a line item in Part I of the Appropriations Bill.
Rep. WALKER argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. DAVENPORT moved to reconsider the vote whereby Amendment No. 208 was adopted, which was agreed to.
Rep. DAVENPORT moved to table the amendment, which was agreed to.
Reps. JENNINGS, BOAN, KENNEDY, BAXLEY, G. BROWN, BATTLE, M. HINES, MILLER, HARVIN, T. BROWN and A. HARRIS proposed the following Amendment No. 220 (Doc Name P:\AMEND\GJK\21305HTC.98), which was adopted.
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 12-10-35 SO AS TO PROVIDE A TEN-YEAR MORATORIUM ON STATE CORPORATE INCOME TAX FOR A CORPORATION THAT IS A "QUALIFYING BUSINESS" UNDER THE ENTERPRISE ZONE ACT OF 1995 IF THE BUSINESS HAS CREATED AT LEAST ONE HUNDRED NEW FULL-TIME JOBS IN A COUNTY IN WHICH THE AVERAGE ANNUAL UNEMPLOYMENT RATE FOR THE LAST TWO COMPLETED CALENDAR YEARS IS AT LEAST TWICE THE STATE AVERAGE AND AT LEAST NINETY PERCENT OF THE QUALIFYING BUSINESSES' INVESTMENT IN THIS STATE IS LOCATED IN SUCH A COUNTY, TO PROVIDE A MORATORIUM OF FIFTEEN YEARS IF AT LEAST TWO HUNDRED NEW FULL-TIME JOBS ARE ADDED, TO PROVIDE HOW THE MORATORIUM APPLIES, AND TO REPEAL THIS MORATORIUM PROVISION EFFECTIVE JULY 1, 2003.
A. Chapter 10, Title 12 of the 1976 Code is amended by adding:
"Section 12-10-35. (A) If a qualifying business creates at least one hundred new full-time jobs, as defined in Section 12-6-3360(F), in a county with an average annual unemployment rate of at least twice the state average during each of the last two completed calendar years and at least ninety percent of the qualifying businesses' investment in this State is in such a county, then the company is allowed a moratorium on state corporate income taxes imposed pursuant to Section 12-6-530 for the company's first ten taxable years beginning with the taxable year after it first qualifies. The moratorium applies to that portion of the company's corporate income tax that represents the ratio that the company's new investment is of its total investment in this State.
(B) If at least two hundred new full-time jobs are added, the moratorium period is fifteen taxable years."
B. This section applies for taxable years beginning after 1997, and Section 12-10-35 of the 1976 Code as added by this section is repealed effective July 1, 2003. However, this repeal does not affect any moratorium then in effect on July 1, 2003./
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Rep. JENNINGS explained the amendment.
The amendment was then adopted.
Rep. KLAUBER proposed the following Amendment No. 221 (Doc Name P:\AMEND\PT\1780DW.98), which was adopted.
Amend the bill, as and if amended, Part ii, by adding a new SECTION appropriately numbered to read:
TO PROVIDE THAT NO STATE CORRECTIONAL INSTITUTION MAY EXPEND STATE FUNDS FOR CABLE TELEVISION, SATELLITE TELEVISION, OR ANY SIMILAR MULTI-CHANNEL TELEVISION FOR INMATE VIEWING, AND TO PROVIDE THAT NO LOCAL GOVERNMENT THAT RECEIVES STATE APPROPRIATED FUNDING THROUGH AID TO SUBDIVISIONS MAY EXPEND FUNDS FOR CABLE TELEVISION, SATELLITE TELEVISION, OR SIMILAR MULTI-CHANNEL TELEVISION FOR INMATE VIEWING IN ANY JAIL OR DETENTION FACILITY.
Notwithstanding any other provision of law, no state correctional institution may expend state funds as appropriated in Part IA , Section 37, for institutional "Housing and Care" for cable television, satellite television, or any similar multi-channel television for inmate viewing. Provided, however, television shows which have educational value are exempt from the provisions of this section. In addition, no local government that receives state appropriated funding through Aid to Subdivisions in Part IA, Section 69-A and Section 69-B or otherwise may expend funds for cable television, satellite television, or similar multi-channel television for inmate viewing in any jail or detention facility./
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Rep. KLAUBER explained the amendment.
Reps. G. BROWN and F. SMITH spoke against the amendment.
Rep. KLAUBER spoke in favor of the amendment.
Rep. BYRD spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. KLAUBER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Barfield Barrett Bauer Beck Boan Bowers Brown, H. Brown, T. Campsen Carnell Cato Chellis Cooper Cotty Cromer Dantzler Davenport Easterday Edge Felder Fleming Gamble Hamilton Harrell Harris Harrison Haskins Hawkins Hinson Keegan Kinon Kirsh Klauber Knotts Koon Law Leach Littlejohn Loftis Martin Mason McAbee McGee McKay McMaster Meacham Mullen Neilson Quinn Rice Riser Robinson Rodgers Sandifer Seithel Simrill Smith, R. Spearman Stoddard Tripp Trotter Vaughn Walker Whatley Wilkins Woodrum Young Young-Brickell
Those who voted in the negative are:
Altman Bailey Battle Brown, G. Byrd Canty Cave Clyburn Cobb-Hunter Delleney Gourdine Govan Harvin Hines, J. Howard Inabinett Jennings Jordan Kennedy Lee Lloyd Mack Maddox McCraw McLeod McMahand Miller Moody-Lawrence Neal Phillips Rhoad Scott Sheheen Smith, F. Stille Webb Whipper Wilder Wilkes Witherspoon
So, the amendment was adopted.
Rep. COBB-HUNTER proposed the following Amendment No. 235 (Doc Name P:\AMEND\JIC\5311AC.98), which was rejected.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-37-251, AS AMENDED, OF THE 1976 CODE, RELATING TO THE PROPERTY TAX RELIEF FUND, BY PROVIDING THAT TAXING DISTRICTS MUST BE REIMBURSED ON A PER CAPITA BASIS FROM REVENUES CREDITED TO THE STATE PROPERTY TAX RELIEF FUND, AND TO PROVIDE THAT IF THE AMOUNT REIMBURSED TO A SCHOOL DISTRICT IS INSUFFICIENT TO REIMBURSE FULLY FOR THE BASE YEAR OPERATING MILLAGE, THE COUNTY SHALL CALCULATE A SCHOOL OPERATING MILLAGE SUFFICIENT TO MAKE UP THE SHORTFALL.
A. Section 12-37-251 (B) of the 1976 Code, as last amended by Act 155 of 1997, is further amended to read:
"(B) School Taxing 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 on a per capita basis from revenues credited to the State Property Tax Relief Fund. Ninety percent of the reimbursement must be paid in the last quarter of the calendar year on December first. If amounts received by a school district pursuant to this distribution are insufficient to reimburse fully for the base year operating millage, the county shall calculate a school operating millage sufficient to make up the shortfall which must be imposed on all property classified pursuant to Section 12-43-220(c) without regard to the exemption allowed pursuant to this section. Amounts received by a district in excess of the amount necessary to reimburse the district for the base year operating millage may be retained by the district."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. SHEHEEN raised Point of Order that under Code Section 4-9-55, Amendment No. 235 required a two-thirds vote by the House.
SPEAKER WILKINS sustained the Point of Order.
Rep. YOUNG-BRICKELL moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Barfield Barrett Bauer Boan Brown, J. Brown, T. Byrd Carnell Cato Chellis Cooper Cotty Cromer Davenport Edge Gamble Harrison Hawkins Howard Jordan Keegan Kelley Kirsh Klauber Knotts Koon Lanford Lee Littlejohn Maddox Martin McCraw McMaster Meacham Miller Moody-Lawrence Mullen Neal Quinn Riser Rodgers Scott Sheheen Simrill Smith, D. Smith, J. Spearman Stuart Townsend Tripp Walker Webb Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Altman Askins Battle Baxley Beck Bowers Brown, G. Brown, H. Campsen Canty Cave Clyburn Cobb-Hunter Dantzler Delleney Easterday Felder Fleming Gourdine Govan Hamilton Harrell Harris Haskins Hines, J. Hinson Inabinett Jennings Kennedy Kinon Law Leach Limehouse Lloyd Loftis Mack Mason McAbee McGee McLeod McMahand Neilson Phillips Pinckney Rhoad Rice Robinson Sandifer Seithel Sharpe Smith, F. Smith, R. Stille Stoddard Trotter Vaughn Whatley Whipper Wilder Wilkes Woodrum Young
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. QUINN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Askins Barrett Battle Baxley Beck Bowers Brown, G. Brown, H. Campsen Canty Carnell Cave Clyburn Cobb-Hunter Dantzler Delleney Felder Fleming Gourdine Govan Harrell Harris Haskins Hines, J. Hinson Inabinett Jennings Kennedy Kinon Law Limehouse Lloyd Loftis Mack Mason McAbee McGee McKay McLeod Neilson Phillips Pinckney Rhoad Rice Robinson Sandifer Seithel Sharpe Smith, R. Stille Stoddard Tripp Trotter Vaughn Webb Whatley Whipper Wilder Wilkes Woodrum Young
Those who voted in the negative are:
Allison Bailey Barfield Bauer Boan Brown, J. Brown, T. Byrd Cato Chellis Cooper Cotty Cromer Davenport Easterday Edge Gamble Hamilton Harrison Hawkins Howard Jordan Keegan Kelley Kirsh Klauber Knotts Koon Lanford Leach Lee Littlejohn Maddox Martin McCraw McMahand McMaster Meacham Miller Moody-Lawrence Mullen Neal Quinn Riser Rodgers Scott Sheheen Simrill Smith, D. Smith, F. Smith, J. Spearman Stuart Townsend Walker Wilkins Witherspoon Young-Brickell
So, having failed to receive the necessary two-thirds vote, the amendment was rejected.
Reps. MEACHAM, SEITHEL and H. BROWN proposed the following Amendment No. 237 (Doc Name P:\AMEND\BBM\9751AC.98), which was tabled.
Amend the bill, as and if amended, PART II, by adding a new SECTION appropriately numbered to read:
TO AMEND SECTION 59-63-20, AS AMENDED, OF THE 1976 CODE, RELATING TO THE AGE OF ATTENDANCE FOR THE PUBLIC SCHOOLS OF THIS STATE, SO AS TO REVISE THE MANNER IN WHICH THE AGE RESTRICTIONS OF THIS SECTION MAY BE WAIVED BY LOCAL SCHOOL BOARDS OF TRUSTEES, AND TO PROVIDE THAT THE COST OF ADMINISTERING THE APPROPRIATE TEST IN ORDER TO WAIVE THE ABOVE AGE RESTRICTIONS MUST BE PAID BY THE PARTY SEEKING THE WAIVER AND NOT BY THE SCHOOL DISTRICT AND TO PROVIDE THAT FROM THE SAVINGS GENERATED, ONE HUNDRED TWENTY-SIX THOUSAND DOLLARS MUST BE TRANSFERRED TO THE YORK COUNTY CULTURAL AND HISTORIC CENTER AND ONE HUNDRED THOUSAND DOLLARS FOR THE FOLLY BEACH BEACH RENOURISHMENT.
A. Section 59-63-20(5) of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:
"(5) the restrictions in this section may be waived by the local board of school trustees in any proper case. However, that if the provisions of items (3) and (4) of this section are not complied with, the school district is not entitled to receive any state aid for any students who fail to meet these requirements; if appropriate testing indicates the student is prepared to enter the first grade. The cost of administering the appropriate testing must be provided for by the party seeking the age requirement waiver and not from funds transmitted to school districts from state education funding;"
B. Of the savings generated pursuant to the amendment to Section 59-63-20(5) of the 1976 Code, as contained in subsection A. of this SECTION, for FY 1998-99, one hundred twenty-six thousand dollars must be transferred to the York County Cultural and Historic Center and one hundred thousand dollars must be used for Folly Beach beach renourishment.
C. This section takes effect July 1, 1998./
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Rep. MEACHAM explained the amendment.
Rep. McABEE raised a Point of Order that Amendment No. 237 was out of order under Rule 5.3B in that the amendment included educational finance funds which cannot be redirected in a Part II provision of the Appropriations Bill.
SPEAKER WILKINS stated that a directive can be changed in Part I of the Appropriations Bill and there was no prohibition from changing a directive in Part II therefore he overruled the Point of Order.
Reps. SPEARMAN and TRIPP spoke against the amendment.
Rep. TOWNSEND spoke against the amendment.
Rep. HARRELL spoke in favor of the amendment.
Rep. MEACHAM moved to table the amendment, which was agreed to.
Rep. FLEMING proposed the following Amendment No. 243 (Doc Name P:\AMEND\BBM\9741HTC.98), which was tabled.
Amend the bill, as and if amended, PART II, by adding an appropriately-numbered paragraph at the end to read:
/(CMRC: Aeronautics-Airport Development) Of the funds appropriated for Programs and Services, Distributions to subdivisions, allocations to counties, $250,554 must be used for Union County Airport improvements./
Renumber sections to conform.
Amend totals and title to conform.
Rep. FLEMING explained the amendment.
Rep. ROBINSON 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 46 to 12.
Rep. PINCKNEY proposed the following Amendment No. 245 (Doc Name P:\AMEND\JIC\5314AC.98), 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 6-1-730 OF THE 1976 CODE, RELATING TO USE OF REVENUE FROM LOCAL HOSPITALITY TAX, SO AS TO ELIMINATE THE REQUIREMENT THAT NINE HUNDRED THOUSAND DOLLARS IN ACCOMMODATIONS TAXES MUST BE COLLECTED BEFORE POLICE AND FIRE PROTECTION, EMERGENCY MEDICAL SERVICES, AND EMERGENCY PREPAREDNESS OPERATIONS MAY BE PROVIDED TO THOSE FACILITIES FOR WHICH PURPOSE THE HOSPITALITY TAX MUST BE USED.
Section 6-1-730 of the 1976 Code, as added by Act 138 of 1997, is amended to read:
"Section 6-1-730. (A) The revenue generated by the hospitality tax must be used exclusively for the following purposes:
(1) tourism-related buildings, including, but not limited to, civic centers, coliseums, and aquariums;
(2) cultural, recreational, or historic facilities;
(3) beach access and renourishment;
(4) highways, roads, streets, and bridges providing access to tourist destinations;
(5) advertisements and promotions related to tourism development; or
(6) water and sewer infrastructure to serve tourism-related demand.;
(B) In a county in which at least nine hundred thousand dollars in accommodations taxes is collected annually pursuant to Section 12-36-920, the revenues of the hospitality tax authorized in this article may be used for the operation and maintenance of those items provided in (A)(1) through (6) including
(7) police, and fire protection, emergency medical services, and emergency-preparedness operations directly attendant to those facilities enumerated in items (1) through (6)."
Renumber sections to conform.
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Rep. PINCKNEY explained the amendment.
Rep. PINCKNEY continued speaking.
Rep. SIMRILL raised a Point of Order that Amendment No. 245 was not germane in that it did not relate to a line item in Part I of the Appropriations Bill.
Rep. PINCKNEY argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. ROBINSON proposed the following Amendment No. 247 (Doc Name P:\AMEND\BBM\9749MM.98), 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 SECTIONS 9-1-1140, AS AMENDED, 9-9-50, AS AMENDED, AND 9-11-50, AS AMENDED, OF THE 1976 CODE, RELATING TO CREDITED SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW NATIONAL GUARD SERVICE TO BE ESTABLISHED IN THE SAME MANNER AND SUBJECT TO THE SAME REQUIREMENTS AS THE ESTABLISHMENT OF MILITARY SERVICE.
A. The third unnumbered paragraph of Section 9-1-1140 of the 1976 Code, as last amended by Act 166 of 1993, is further amended to read:
"Any member with two or more years of creditable service shall receive additional creditable service for the period of his military service at the rate of one year of military service for each two years of his creditable service excluding any period of creditable military service, as long as he was discharged or separated from the military service under conditions other than dishonorable, and as long as he pays to the system, by a single payment prior to before his retirement or death or by another method of payment as may be prescribed from time to time by the board, all payments to the system he would have been required to make for the period to be so credited had he been employed in the position he held immediately prior to before the commencement of his military leave during the period of the military service, together with the regular interest which would have been credited thereon from the date the contributions would have been made to the date of payment. In the case of a member whose military service was rendered prior to before his employment by an employer the payments by the member, as described in the foregoing sentence, must be determined on the basis of his earnable compensation at the time he first became a member of the system. The required employer contribution must be assumed by the State. No member may receive credit for more than six years of military service. Active military duty performed subsequent to December 31, 1975, may not be considered creditable service. Active military duty includes service in the national guard; provided, however, that to establish creditable service for national guard service, the member must pay the actuarial cost as determined by the board, but the payment may not be less than twelve percent of the member's earnable compensation, or the average of the three highest consecutive fiscal years of compensation at the time of payment, whichever is greater, for each year of service prorated for periods of less than one year. Any former employee of the United States employed in this State by an employer covered by the system, and who is currently a contributing member, may elect to receive prior service credit for service rendered as an employee of the United States upon his paying into the system the actuarial cost as determined by the board. The member payment may not be less than ten percent and effective July 1, 1994, twelve percent of the earnable compensation, or the average of the three highest consecutive fiscal years of compensation at the time of payment, whichever is greater, for each year of service prorated for periods of less than one year. A member who elects to receive creditable service for federal employment may establish a portion of the service on a one-time basis. This service may not exceed the total creditable service, exclusive of federal service, which he would have if he remained in service until completion of the eligibility requirements for an unreduced service retirement allowance. In no event may any benefits payable under the system duplicate benefits being paid under any other retirement system for the same period of service."
B. Section 9-9-50(4) of the 1976 Code is amended to read:
"(4) Any member with two or more years of credited service shall receive additional credited service for the period of his military service, at the rate of one year of military service for each two years of his credited service excluding any period of credited military service, provided he was discharged or separated from the military service under conditions other than dishonorable, and provided that he shall pay upon paying to the system, by a single payment prior to before his retirement or death or by such other method of payment as may be prescribed from time to time by the board, all payments to the system he would have been required to make for the period to be so credited had he been employed in the position he held immediately prior to before the commencement of his military leave during the period of such military service, together with the regular interest which would have been credited thereon from the date the contributions would have been made to the date of payment. In the case of a member whose military service was rendered prior to before his becoming a member of the General Assembly such the payments by the member, as described in the foregoing sentence, shall must be determined on the basis of his earnable compensation at the time he first became a member of the system. Provided, however, No member shall receive credit for more than six years of military service. Military service includes service in the national guard; provided, however, that to establish creditable service for national guard service, the member must pay the actuarial cost as determined by the board, but the payment may not be less than twelve percent of the member's earnable compensation for each year of service credited."
C. Section 9-11-50(4) of the 1976 Code, as last amended by Act 189 of 1989, is further amended to read:
"(4) Any member with two or more years of credited service shall receive additional credited service for the period of his military service at the rate of one year of military service for each two years of his credited service excluding any period of credited military service, as long as he was discharged or separated from the military service under conditions other than dishonorable, and as long as he pays to the system, by a single payment prior to before his retirement or death or by another method of payment as may be prescribed from time to time by the board, all payments to the system he would have been required to make for the period to be so credited had he been employed in the position he held immediately prior to before the commencement of his military leave during the period of the military service, together with the regular interest which would have been credited thereon from the date the contributions would have been made to the date of payment. In the case of a member whose military service was rendered prior to before his employment by an employer, the payments by the member, as described in the foregoing sentence, must be determined on the basis of his compensation at the time he first became a member of the system. The required employer contribution must be assumed by the State. However, no member may receive credit for more than six years of military service. Active military duty performed subsequent to December 31, 1975, may not be considered creditable service. Active military duty includes service in the national guard; provided, however, that to establish creditable service for national guard service, the member must pay the actuarial cost as determined by the board, but the payment may not be less than twelve percent of the member's earnable compensation, or the average of the three highest consecutive fiscal years of compensation at the time of payment, whichever is greater, for each year of service prorated for periods of less than one year."
D. This section takes effect July 1, 1998./
Renumber sections to conform.
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Rep. ROBINSON explained the amendment.
Rep. KIRSH raised a Point of Order that Amendment No. 247 was not germane to the Bill in that it did not relate to a line item in Part I of the Appropriations Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the Amendment out of order.
Reps. SPEARMAN, ALLISON and TOWNSEND proposed the following Amendment No. 248 (Doc Name P:\AMEND\JIC\5320AC.98), which was adopted.
Amend the bill, as and if amended, PART II, Amendment No. 159, bearing document number P:\AMEND\PSD\7256JM.98, by adding at the end:
/Any state funds generated pursuant to item (5) allowing students to attend first grade must be used to reimburse school districts for the 1996-97 EFA shortfall./
Renumber sections to conform.
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Rep. SPEARMAN explained the amendment.
The amendment was then adopted.
The SPEAKER granted Reps. LLOYD and INABINETT a leave of absence to attend a Colleton County Democratic Convention.
The SPEAKER granted Rep. CANTY a leave of absence.
Rep. WALKER proposed the following Amendment No. 249 (Doc Name P:\AMEND\KGH\15500HTC.98), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND SECTION 9-1-1515 OF THE 1976 CODE, RELATING TO EARLY RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REVISE THE REQUIREMENTS AND ALLOW PERSONS WHO HAVE ATTAINED AGE FIFTY AND HAVE AT LEAST TWENTY-FIVE YEARS OF CREDITABLE SERVICE TO RETIRE WITHOUT PENALTY; TO AMEND SECTION 9-1-1020, AS AMENDED, RELATING TO EMPLOYEE CONTRIBUTIONS TO THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO RAISE THE CONTRIBUTION BY 1.38 PERCENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-760 SO AS TO INCREASE EMPLOYER-PAID CONTRIBUTIONS UNDER THE STATE HEALTH AND DENTAL INSURANCE PLANS BY ONE DOLLAR PER EMPLOYEE WITH THIS ADDITIONAL COST ABSORBED BY THE STATE BUDGET AND CONTROL BOARD AND TO REQUIRE THE STATE BUDGET AND CONTROL BOARD TO INCREASE EMPLOYEE-PAID PREMIUMS UNDER THE STATE HEALTH INSURANCE AND DENTAL PLANS IN AN AMOUNT SUFFICIENT TO OFFSET THE ADDITIONAL INSURANCE COSTS RESULTING FROM EARLY RETIREMENTS.
A. Section 9-1-1515 of the 1976 Code, as added by Act 559 of 1990, is amended to read:
"Section 9-1-1515. (A) In addition to other types of retirement provided by this chapter, a member who has attained the age of fifty-five years and who has at least twenty-five years of creditable service may elect early retirement. A member electing early retirement shall apply in the manner provided in Section 9-1-1510.
(B) The benefits for a member electing early retirement under this section must be calculated in the manner provided in Section 9-1-1550, except that in lieu of any other reduction factor, his early retirement allowance is reduced by four percent a year, prorated for periods less than one year, for each year of creditable service less than thirty.
(C) A member who elects early retirement under this section is ineligible to receive any cost-of-living increase provided by law to retirees until the second July first after the date the member attains age sixty; or the second July first after the date the member would have thirty years' creditable service had he not retired, whichever is earlier.
(D) (1) Except as provided in item (2) of this subsection, a member who elects early retirement under this section is not covered by the State Insurance Benefits Plan until the earlier of:
(a) the date the member attains age sixty, or
(b) the date the member would have thirty years' creditable service had he not retired.
(2) A member taking early retirement may maintain coverage under the State Insurance Benefits Plan until the date his coverage is reinstated pursuant to item (1) of this subsection by paying the total premium cost, including the employer's contribution, in the manner provided by the Division of Insurance Services of the State Budget and Control Board.
(A) Notwithstanding the provisions of Section 9-1-1510 and 9-1-1550, a member who has attained the age of fifty years and who has less than thirty but twenty-five or more years of creditable service may elect service retirement as provided in this section. A member electing service retirement shall apply in the manner provided in Section 9-1-1510.
(B) The benefits for a member electing to retire under this section must be calculated in the manner provided in Section 9-1-1550, except that in the case of a member retiring pursuant to this section, the reduction factor provided in that section does not apply."
B. The third unnumbered paragraph of Section 9-1-1020 of the 1976 Code, as last amended by Act 475 of 1988, is further amended to read:
"The rates of the deductions must be, without regard to a member's coverage under the Social Security Act, as follows: in the case of Class One members five 6.38 percent of earnable compensation and, in the case of Class Two members, six 7.38 percent of earnable compensation."
C. Article 5, Chapter 11, Title 1 of the 1976 Code is amended by adding:
"Section 1-11-760. (A) Employer-paid contributions for the state health and dental insurance programs are increased one dollar per employee, effective for the fiscal year beginning July 1, 1998. The State Budget and Control Board shall absorb this additional cost.
(B) In setting the rates of state employee contributions for state health and dental insurance programs, the State Budget and Control Board shall add an amount sufficient to offset in each fiscal year additional health and dental insurance costs incurred by the State as a result of retirements pursuant to Section 9-1-1515."
D. This section takes effect July 1, 1998, and the amendment to Section 9-1-1515 of the 1976 Code contained in this act applies with respect to members of the South Carolina Retirement System retiring after June 30, 1998./
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Rep. WALKER explained the amendment.
Rep. ROBINSON spoke against the amendment.
Rep. WALKER spoke in favor of the amendment.
Rep. ROBINSON moved to table the amendment.
Rep. WALKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Boan Brown, H. Carnell Cato Chellis Cotty Dantzler Davenport Easterday Hamilton Harrell Harrison Haskins Hinson Jordan Kinon Kirsh Law Leach Loftis McMaster Rice Robinson Smith, D. Stuart Tripp Vaughn Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Allison Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Bowers Breeland Brown, G. Brown, J. Byrd Campsen Cave Clyburn Cobb-Hunter Cooper Cromer Delleney Edge Felder Gamble Gourdine Govan Harris Hawkins Hines, J. Howard Jennings Keegan Kelley Kennedy Klauber Knotts Koon Limehouse Littlejohn Mack Maddox Martin Mason McAbee McCraw McGee McKay McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Neilson Phillips Pinckney Quinn Rhoad Riser Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Townsend Trotter Walker Webb Whatley Whipper Wilder Wilkes Woodrum Young
So, the House refused to table the amendment.
Rep. H. BROWN spoke against the amendment.
Rep. BOAN raised a Point of Order that Section A of Amendment No. 249, which is Code Section 9-1-1515 was not germane to the Bill under Rule 5.3.
Rep. QUINN stated that Section A was not germane to the Bill.
SPEAKER WILKINS stated that a similar Point of Order was raised in May of 1995 and that members can raise a point of germaneness section by section when the amendment contains different code sections. He therefore sustained the Point of Order, ruled the Section A out of order and ordered Section A stricken from the amendment.
Rep. BOAN moved to table the amendment, which was agreed to.
Rep. FLEMING proposed the following Amendment No. 251 (Doc Name P:\AMEND\BBM\9741HTC.98), which was tabled.
Amend the bill, as and if amended, PART II, by adding an appropriately-numbered paragraph at the end to read:
(CMRC: Aeronautics-Airport Development) Of the funds appropriated for Programs and Services, Distributions to subdivisions, allocations to counties, $200,000 must be used for Union County Airport improvements./
Renumber sections to conform.
Amend totals and title to conform.
Rep. FLEMING explained the amendment.
Rep. KIRSH 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 44 to 18.
Rep. COBB-HUNTER proposed the following Amendment No. 252 (Doc Name P:\AMEND\KGH\15498HTC.98), 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 12-37-220, AS AMENDED, OF THE 1976 CODE, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PHASE IN OVER FIVE YEARS EXEMPTION FOR PRIVATE PASSENGER MOTOR VEHICLES, MOTORCYCLES, AND PICKUP TRUCKS, TO EXCLUDE FROM THE EXEMPTION VEHICLES USED IN A TRADE OR BUSINESS, TO PROVIDE FOR LOCAL GOVERNMENTS TO BE REIMBURSED FOR THE TAXES NOT COLLECTED BECAUSE OF THIS EXEMPTION, TO PROVIDE THAT THIS EXEMPT PROPERTY IS NEVERTHELESS CONSIDERED TAXABLE PROPERTY FOR PURPOSES OF BONDED INDEBTEDNESS AND CALCULATING THE INDEX OF TAXPAYING ABILITY, AND TO PROVIDE FOR A ONE-YEAR POSTPONEMENT IN THE PHASE-IN WHEN GENERAL FUND REVENUE GROWTH IS INSUFFICIENT TO PROVIDE FULL EFA FUNDING.
A. Section 12-37-220(B) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( )(a) A percentage of the fair market value as provided in subsection (b) of a private passenger motor vehicle, as defined in Section 56-3-630, and a motorcycle or motor-driven cycle.
(b) The exemption amounts allowed by this item are as follows:
Motor Vehicle Property Tax Year Percentage of Exemption
Beginning After
March 1999 20
March 2000 40
March 2001 60
March 2002 80
March 2003 100
(c) The exemption allowed by this item does not include private passenger cars, trucks, motorcycles, or motor-driven cycles used in a trade or business.
(d) The exemption allowed by this item cannot reduce fair market value below the minimum assessed value provided pursuant to Section 12-37-2640 until the exemption percentage is one hundred percent.
(e) Property taxing entities must be reimbursed for taxes not collected because of the exemption allowed by this item in the manner provided in Section 12-37-270, mutatis mutandis, except that the reimbursement must be paid not less than monthly and in advance and in a manner that substantially matches the stream of revenue that would be generated if the exempt portion of the property's value were fully taxable.
(f) Property exempted for property taxation in the manner provided in this item is considered taxable property for purposes of bonded indebtedness pursuant to Sections 14 and 15, Article X of the Constitution of this State and for purposes of computing the index of taxpaying ability pursuant to Section 59-20-20(3).
(g) If, for a fiscal year during the phase-in of the one hundred percent exemption, general fund revenues have not increased over such revenues in the prior fiscal year by an amount sufficient to provide full EFA funding, then the next scheduled increase in the percentage exemption amount and subsequent increases are postponed for one year."
B. This section takes effect July 1, 1998./
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Rep. COBB-HUNTER explained the amendment.
Rep. HASKINS raised the Point of Order that Amendment No. 252 was not germane to the Bill in that it did not relate to a line item in Part I of the Appropriations Bill.
Rep. COBB-HUNTER argued contra.
Rep. SCOTT argued contra.
Rep. HARRELL stated that the amendment was not germane under Rule 5.3B in that it did not relate directly to the purpose of an appropriation or a revenue provided therein for the fiscal year referred to in the Appropriations Bill.
Rep. HASKINS stated that there was no appropriation in Part I directly related to the amendment.
SPEAKER WILKINS stated that the amendment did not meet the germaneness test of Part II as provided in Rule 5.3 and therefore sustained the Point of Order and ruled the amendment out of order.
Reps. KNOTTS and WHATLEY proposed the following Amendment No. 254 (Doc Name P:\AMEND\BBM\9756DW.98), which was adopted.
Amend the bill, as and if amended, PART II, by adding an appropriately-numbered SECTION to read:
TO AMEND SECTION 56-5-1520, AS AMENDED, OF THE 1976 CODE, RELATING TO GENERAL RULES AS TO MAXIMUM SPEED LIMITS AND WHEN LOWER SPEEDS MAY BE REQUIRED, SO AS TO PROVIDE THAT FIVE DOLLARS OF EACH FINE LEVIED UNDER THE PROVISIONS OF THIS SECTION FOR VIOLATIONS EXCEEDING FIFTEEN MILES PER HOUR OVER THE POSTED SPEED LIMIT MUST BE TRANSFERRED TO THE DEPARTMENT OF PUBLIC SAFETY FOR THE PURPOSE OF HIRING AND TRAINING TROOPERS, AND PURCHASING EQUIPMENT AND PATROL VEHICLES FOR THE DEPARTMENT.
Section 56-5-1520(f), as last amended by Section 36R, Part II, Act 497 of 1994, is further amended to read:
"(f) In expending the funds credited to the state general fund from fines generated under subsection (d), the department first shall consider the need for additional highway patrolmen. Five dollars of the fines listed in subsection (d)(3) and (4) must be credited to the department to be used for hiring and training troopers, and purchasing equipment and patrol vehicles for the department."/
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Rep. KNOTTS explained the amendment.
The amendment was then adopted.
Rep. SEITHEL proposed the following Amendment No. 256 (Doc Name P:\AMEND\GJK\21309HTC.98), which was ruled out of order.
Amend the bill, as and if amended, PART II, by adding a new SECTION appropriately numbered to read:
TO PROVIDE THAT TWO HUNDRED THOUSAND DOLLARS OF THE GENERAL FUND CARRY FORWARD OF THE STATE REORGANIZATION COMMISSION IS TRANSFERRED TO A SPECIAL ACCOUNT AND USED FOR FOLLY BEACH RENOURISHMENTS.
A. Two hundred thousand dollars of the general fund carry forward of the State Reorganization Commission is transferred to a special account and used for Folly Beach Renourishments.
B. This section takes effect July 1, 1998./
Renumber sections to conform.
Amend totals and title to conform.
Rep. SEITHEL explained the amendment.
Rep. TRIPP spoke against the amendment.
Rep. KIRSH raised a Point of Order that Amendment No. 256 was not germane to the Bill in that it did not relate to a line item in Part I of the Appropriations Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Reps. HAWKINS and KLAUBER proposed the following Amendment No. 257 (Doc Name P:\AMEND\GJK\21308HTC.98), which was ruled out of order.
Amend the bill, as and if amended, PART II, by adding a new SECTION appropriately numbered to read:
TO AMEND SECTION 25-1-350 OF THE 1976 CODE, RELATING TO THE POWERS AND DUTIES OF THE ADJUTANT GENERAL, SO AS TO ALLOW THE ADJUTANT GENERAL TO ORDER A MEMBER OF THE NATIONAL GUARD TO ACTIVE DUTY, SUBJECT TO CONSENT AND AVAILABLE FUNDING.
Section 25-1-350 of the 1976 Code is amended by adding:
"(16) with the consent of the Governor, have the discretion to order to active duty a member of the National Guard or State Guard who consents to that order and for whose pay and allowances, as provided in Section 25-1-2200, funds are available to the Adjutant General without additional state appropriations."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HAWKINS explained the amendment.
Rep. HAWKINS raised a Point of Order that Amendment No. 257 was not germane to the Bill in that it did not relate to a line item in Part I of the Appropriations Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. BOAN proposed the following Amendment No. 179 (Doc Name P:\AMEND\BBM\9748SD.98), 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 8-1-155 SO AS TO PROVIDE THAT ANY FULL-TIME STATE EMPLOYEE, EXCEPT THOSE WHO ARE PUBLIC OFFICIALS, WHO ANNOUNCES OR FILES AS A CANDIDATE FOR A STATEWIDE ELECTIVE OFFICE, A SEAT IN THE GENERAL ASSEMBLY, OR A LEGISLATIVELY-ELECTED POSITION WITH COMPENSATION MUST BE PLACED IN AN UNPAID STATUS DURING THE TERM OF HIS CANDIDACY.
The 1976 Code is amended by adding:
"Section 8-1-155. Any full-time state employee, except those who are public officials whose compensation is provided for in the annual general appropriations act, who announces or files, whichever occurs first, as a candidate for a statewide elective office, a seat in the General Assembly, or a legislatively-elected position with compensation must be placed in an unpaid status during the term of candidacy."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN moved to table the amendment, which was agreed to.
Rep. J. SMITH proposed the following Amendment No. 240 (Doc Name P:\AMEND\PSD\7241AC2.98), 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 TITLE 44 OF THE 1976 CODE BY ADDING CHAPTER 122 SO AS TO CREATE THE COUNTY GRANTS FUND PROGRAM FOR ADOLESCENT PREGNANCY PREVENTION INITIATIVES TO BE ADMINISTERED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE LOCAL HEALTH DEPARTMENTS; TO PROVIDE FOR THE ADMINISTRATION AND DISTRIBUTION OF MONIES APPROPRIATED TO THE GRANTS FUND; AND TO REQUIRE REGULAR EVALUATIONS OF PROJECTS RECEIVING MONIES FROM THE GRANTS FUND.
A. Title 44 of the 1976 Code is amended by adding:
Section 44-122-10. As used in this chapter:
(1) 'Adolescent' means an individual nineteen years of age and under.
(2) 'Contractor' means a public or private agency or organization receiving money from the fund.
(3) 'County health department' means the local health department.
(4) 'Department' means the Department of Health and Environmental Control.
(5) 'Initiative' means a local program or project funded by a county health department pursuant to this chapter.
(6) 'Short term outcomes' mean the intermediate results that a particular adolescent pregnancy prevention intervention is likely to produce including, but not limited to, increased knowledge, behavior change, or delays or reductions in sexual activity.
(7) 'Long term outcome' means the measurable reduction in the rate of adolescent pregnancy for a specific target population or defined geographic area.
(8) 'Primary pregnancy prevention' means prevention of first pregnancy.
(9) 'Fund' means the County Grants Fund for Adolescent Pregnancy Prevention Initiatives created by this chapter.
Section 44-122-20. There is established the County Grants Fund for Adolescent Pregnancy Prevention Initiatives. The fund must be administered by the department and county health departments as provided in this chapter. The purpose of the fund is to support local efforts to prevent early sexual activity and to measurably reduce the rate of adolescent pregnancy in each county and in the State and to ensure that these efforts reflect local community values.
Section 44-122-30. (A) Ten percent of the money appropriated annually to the fund by the General Assembly is to be used by the department to evaluate the effectiveness of each initiative and the fund as specified in Section 44-122-60.
The remaining money must be distributed by the department to each county health department in the following manner:
(1) fifteen percent of the money appropriated must be allocated evenly among all counties;
(2) fifteen percent of the money appropriated must be allocated to counties based on the size of their adolescent population;
(3) twenty percent of the money appropriated must be allocated to counties based on their rate of adolescent pregnancy;
(4) forty percent of the funds appropriated must be allocated to counties based on their number of adolescent pregnancies.
A county health department may retain up to five percent of the money it receives to cover the actual costs of administering the fund. All other funds must be allocated for initiatives whose main focus is primary pregnancy prevention. Money must be allocated by the county health department within two years of receipt.
(B) Money appropriated to the fund must not be used for:
(1) purchase of inpatient care;
(2) purchase or improvement of land;
(3) purchase, construction, or permanent improvement of any building or other facility;
(4) purchase of major equipment;
(5) transportation to or from abortion services; or
(6) abortions.
(C) If a county health department uses money it receives pursuant to subsection (A) in a manner not expressly authorized by this chapter, the department may designate another agency or organization within the county to assume those responsibilities and duties.
Section 44-122-40. (A) A local public or private agency or organization or combination of these agencies and organizations may apply to the county health department for an allocation of funds to operate an adolescent pregnancy prevention initiative. All initiatives funded by the county health department pursuant to this chapter shall emphasize premarital sexual abstinence and male responsibility. All applications must meet the following minimum standards for consideration:
(1) Each initiative must have a plan of action for prevention of adolescent pregnancy that extends for at least five years. The proposal must include convincing evidence of a direct link between project activities and the reduction of adolescent pregnancy in the target population.
(2) Each initiative must have realistic, specific, and measurable goals, objectives, timelines, and budget for the prevention of adolescent pregnancy.
(3) The proposal must include a description of the method for collecting and reporting the data required by the department to evaluate the effectiveness of the initiative as specified in Section 44-122-60. Each initiative, before submitting its proposal, must send a representative to the evaluation standards workshop sponsored by the department.
(B) Continuation funding for a local teen pregnancy prevention initiative is contingent upon:
(1) successful evaluation of the effectiveness of the contractor's performance in achieving its short term outcomes within the first two years of receiving money and in achieving the fund's long term outcome by the end of the third year of receiving money;
(2) ten percent per year reduction of teen pregnancy rates beginning with the second year of funding; and
(3) the contractor updating information concerning the nature of the problem in its target population, available resources, and potential barriers to success, with appropriate changes in the initiative's goals, objectives, timelines, and budget.
Section 44-122-50. (A) The department shall:
(1) monitor the statewide administration of the fund;
(2) conduct an annual workshop for local fund applicants to ensure that all local initiatives understand and incorporate the state standards for accountability and evaluation;
(3) work with county health departments and contractors to ensure, to the greatest extent practicable, that Title XIX and other federal funds are used to match or complement state and local funds;
(4) evaluate the success of this chapter and initiatives funded under this chapter, as required by Section 44-122-60.
(5) analyze all available information and report to the Governor and the General Assembly on the effectiveness of the fund in measurably reducing the rate of adolescent pregnancy in the State. These reports must be made annually, with the first report due two years after the first distribution of funds pursuant to Section 44-122-30(A).
(B) County health departments shall:
(1) oversee and administer funds distributed to the county pursuant to Section 44-122-30(A);
(2) choose from among the applicants that meet the minimum standards, based on written criteria established by the county health department;
(3) monitor contractors' progress in meeting stated goals, objectives, and timelines.
(C) Contractors shall:
(1) comply with reporting, contracting, and evaluation requirements of the county health department and the department;
(2) define and maintain cooperative ties with other community institutions;
(3) coordinate and collaborate with other community entities that have an interest in positive youth development and adolescent risk behavior reduction;
(4) obtain approval from the county health department before making changes in program goals, objectives, and target populations; and
(5) Before the beginning of each fiscal year, submit to the county health department for approval of a budget of planned expenditures, and at the end of each fiscal year, render an accounting of expenditures to the county health department.
(D) The Department of Health and Environmental Control shall:
(1) provide technical assistance and training to county health departments and contractors, as needed, related to adolescent pregnancy prevention issues; and
(2) if a community health assessment has been conducted in a county, share information with county health departments, contractors, and program applicants about the nature of the problem, available resources, and potential barriers to the development of teen pregnancy prevention projects and activities.
Section 44-122-60. An evaluation must be conducted by a firm or individual external to the department, on a schedule to be determined by the department, and must assess the effectiveness of each initiative in meeting its short and long term outcomes. Evaluation standards must be consistent across all initiatives. The evaluation also must assess the effectiveness of each county's efforts in measurably reducing the rate of adolescent pregnancy for the county. These efforts include administration of the fund and selection and oversight of contractors."/
B. This section takes effect July 1, 1998.
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. SMITH explained the amendment.
Rep. FELDER raised a Point of Order that Amendment No. 240 was not germane to the Bill in that it did not relate to a line item in Part I of the Appropriations Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the Amendment out of order.
Rep. NEAL proposed the following Amendment No. 253 (Doc Name P:\AMEND\GJK\21307MM.98), which was tabled.
Amend the bill, as and if amended, PART II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 4-9-70 OF THE 1976 CODE, RELATING TO PROPERTY TAXES COLLECTED BY COUNTIES FOR LOCAL SCHOOL OPERATING COSTS, SO AS TO REQUIRE THAT THOSE REVENUES GO TO THE STATE GENERAL FUND AND BE REMITTED TO THE SCHOOL DISTRICTS OF THE STATE BASED ON STUDENT ENROLLMENT FOR EACH DISTRICT.
Section 4-9-70 of the 1976 Code is amended by adding a proviso at the end:
Provided, further, beginning 1999, all property taxes collected by the counties for school operating costs must be remitted to the general fund of the State and remitted to the school districts based on the district's student enrollment./
Renumber sections to conform.
Amend totals and title to conform.
Rep. NEAL explained the amendment.
Rep. SHEHEEN raised a Point of Order that Amendment No. 253 was not germane to the Bill in that it did not relate to a line item in Part I of the Appropriations Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. NEAL continued speaking.
Rep. TOWNSEND moved to table the amendment, which was agreed to.
Rep. GOVAN proposed the following Amendment No. 259 (Doc Name P:\AMEND\PSD\7265HTC.98), which was tabled.
Amend the bill, as and if amended, PART II, by adding a new SECTION appropriately numbered to read:
TO AMEND SECTION 59-63-20, AS AMENDED, OF THE 1976 CODE, RELATING TO THE AGE OF ATTENDANCE FOR THE PUBLIC SCHOOLS OF THIS STATE, SO AS TO REVISE THE MANNER IN WHICH THE AGE RESTRICTIONS OF THIS SECTION MAY BE WAIVED BY LOCAL SCHOOL BOARDS OF TRUSTEES, AND TO PROVIDE THAT THE COST OF ADMINISTERING THE APPROPRIATE TEST IN ORDER TO WAIVE THE ABOVE AGE RESTRICTIONS MUST BE PAID BY THE PARTY SEEKING THE WAIVER AND NOT BY THE SCHOOL DISTRICT AND TO PROVIDE THAT FROM THE SAVINGS GENERATED, ONE HUNDRED FIFTY THOUSAND DOLLARS MUST BE TRANSFERRED TO A SPECIAL ACCOUNT AND USED FOR THE EDISTO DRIVE COMMUNITY WATER AND SEWER PROJECT IN ORANGEBURG COUNTY.
A. Section 59-63-20(5) of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:
"(5) the restrictions in this section may be waived by the local board of school trustees in any proper case. However, that if the provisions of items (3) and (4) of this section are not complied with, the school district is not entitled to receive any state aid for any students who fail to meet these requirements; if appropriate testing indicates the student is prepared to enter the first grade. The cost of administering the appropriate testing must be provided for by the party seeking the age requirement waiver and not from funds transmitted to school districts from state education funding;"
B. Of the savings generated pursuant to the amendment to Section 59-63-20(5) of the 1976 Code, as contained in subsection A. of this SECTION, for FY 1998-99, one hundred fifty thousand dollars must be transferred to a special account and used for the Edisto Drive Community Water and Sewer Project in Orangeburg County.
C. This section takes effect July 1, 1998./
Renumber sections to conform.
Amend totals and title to conform.
Rep. GOVAN explained the amendment.
Rep. H. BROWN moved to table the amendment, which was agreed to.
Rep. CARNELL proposed the following Amendment No. 260 (Doc Name P:\AMEND\JIC\5316DW.98), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND SECTION 11-9-880, AS AMENDED, OF THE 1976 CODE, RELATING TO FORECASTS OF ECONOMIC CONDITIONS BY THE BOARD OF ECONOMIC ADVISORS, SO AS TO REQUIRE THE BOARD TO INCLUDE IN EACH OF ITS OFFICIAL GENERAL FUND REVENUE FORECASTS AND ADJUSTED FORECASTS A SEPARATE LINE ITEM REFLECTING THE ESTIMATED IMPACT OF THE STATE'S ANTICIPATED RECEIPT OF FEDERAL MEDICAID FUNDS OR GENERAL FUND REVENUE.
Section 11-9-880 of the 1976 Code is amended by adding:
"(D) The board shall include in each of its official general fund revenue forecasts and adjusted forecasts a separate line item reflecting the estimated impact of the state's anticipated receipt of Federal Medicaid funds on general fund revenue."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. CARNELL explained the amendment.
Rep. BOAN raised a Point of Order that Amendment No. 260 was not germane to the Bill in that it did not relate to a line item in Part I of the Appropriations Bill.
Rep. CARNELL argued contra.
SPEAKER WILKINS overruled the Point of Order.
Rep. CARNELL continued speaking.
The amendment was then adopted.
Rep. COBB-HUNTER proposed the following Amendment No. 261 (Doc Name P:\AMEND\PSD\7264MM.98), which was rejected.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-37-251, AS AMENDED, OF THE 1976 CODE, RELATING TO THE PROPERTY TAX RELIEF FUND, BY PROVIDING THAT TAXING DISTRICTS MUST BE REIMBURSED ON A PER CAPITA BASIS FROM REVENUES CREDITED TO THE STATE PROPERTY TAX RELIEF FUND, AND TO PROVIDE THAT IF THE AMOUNT REIMBURSED TO A SCHOOL DISTRICT IS INSUFFICIENT TO REIMBURSE FULLY FOR THE BASE YEAR OPERATING MILLAGE, THE SCHOOL BOARD SHALL CALCULATE A SCHOOL OPERATING MILLAGE SUFFICIENT TO MAKE UP THE SHORTFALL.
A. Section 12-37-251 (B) of the 1976 Code, as last amended by Act 155 of 1997, is further amended to read:
"(B) School Taxing 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 on a per capita basis from revenues credited to the State Property Tax Relief Fund. Ninety percent of the reimbursement must be paid in the last quarter of the calendar year on December first. If amounts received by a school district pursuant to this distribution are insufficient to reimburse fully for the base year operating millage, the local school board, within its authority, shall decide how to make up the shortfall, if necessary. Amounts received by a district in excess of the amount necessary to reimburse the district for the base year operating millage may be retained by the district."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. KNOTTS raised a Point of Order that Amendment No. 261 required a a two-thirds vote by the House under Code Section 4-9-55.
Rep. COBB-HUNTER argued contra in that the code section did not apply to Amendment No. 261 and would therefore be exempt.
SPEAKER WILKINS sustained the Point of Order.
The question then recurred to the adoption of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Beck Bowers Breeland Brown, G. Brown, J. Campsen Cave Clyburn Cobb-Hunter Dantzler Delleney Felder Fleming Govan Harrell Harris Haskins Hines, J. Hinson Kennedy Limehouse Mack McGee McLeod Pinckney Rhoad Robinson Smith, F. Smith, R. Tripp Whipper Wilkes Young
Those who voted in the negative are:
Allison Askins Bailey Barfield Barrett Battle Bauer Baxley Boan Brown, H. Brown, T. Carnell Cato Chellis Cooper Cotty Cromer Davenport Easterday Edge Gamble Gourdine Hamilton Harrison Harvin Hawkins Howard Jennings Jordan Keegan Kelley Kinon Kirsh Klauber Knotts Koon Leach Lee Littlejohn Loftis Maddox Martin Mason McAbee McCraw McKay McMaster Meacham Miller Moody-Lawrence Mullen Neal Neilson Phillips Quinn Rice Riser Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, J. Spearman Stille Stuart Vaughn Walker Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
So, the amendment was rejected.
Rep. KNOTTS proposed the following Amendment No. 263 (Doc Name P:\AMEND\GJK\21310HTC.98), which was ruled out of order.
Amend the bill, as and if amended, PART II, by adding a new SECTION appropriately numbered to read:
TO AMEND SECTION 12-37-220, AS AMENDED, OF THE 1976 CODE, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT A BOAT, BOAT MOTOR, OR PRIVATE PASSENGER MOTOR VEHICLE OWNED BY AN INDIVIDUAL SIXTY-FIVE YEARS OF AGE OR OLDER WHO HAS PAID PROPERTY TAXES ON SUCH AN ITEM OF PERSONAL PROPERTY FOR AT LEAST THE FIVE PRECEDING PROPERTY TAX YEARS AND TO EXEMPT THE OWNER-OCCUPIED PROPERTY OWNED BY AN INDIVIDUAL SIXTY-FIVE YEARS OF AGE OR OLDER WHO HAS PAID PROPERTY TAXES ON AN OWNER-OCCUPIED RESIDENCE FOR AT LEAST THE FIVE PRECEDING PROPERTY TAX YEARS.
A. Section 12-37-220(B) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( )(a) A boat, boat motor, or private passenger motor vehicle as defined in Section 56-3-630 owned by an individual sixty-five years of age or older for personal use who has owned and paid property taxes on such an item of property for at least the five preceding tax years.
(b) The owner-occupied residence of an individual sixty-five years of age or older who has owned and paid property taxes on a personal residence for at least the five preceding property tax years."
B. Upon approval by the Governor, this act is effective for property tax years beginning after 1998./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KNOTTS explained the amendment.
Rep. BOAN raised a Point of Order that Amendment No. 263 was not germane to the Bill in that it did not relate to a line item in Part I of the Appropriations Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 1 was adopted was taken up.
Rep. BOAN moved to table the motion, which was agreed to.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 5A was adopted was taken up.
Rep. BOAN moved to table the motion, which was agreed to.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 9 was adopted was taken up.
Rep. BOAN moved to table the motion, which was agreed to.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 11 was adopted was taken up.
Rep. KELLEY moved to table the motion, which was agreed to.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 13 was adopted was taken up.
Rep. FELDER moved to table the motion, which was agreed to.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 23 was adopted was taken up.
Rep. H. BROWN moved to table the motion, which was agreed to.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 26 was adopted was taken up.
Rep. HARRELL moved to table the motion, which was agreed to.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 54A was adopted was taken up.
Rep. HARRELL moved to table the motion, which was agreed to.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 63A was adopted was taken up.
Rep. KOON moved to table the motion, which was agreed to.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 63G was adopted was taken up.
Rep. BOAN moved to table the motion, which was agreed to.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 69 was adopted was taken up.
Rep. BOAN moved to table the motion, which was agreed to.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 9 was adopted was taken up.
Rep. FELDER moved to table the motion, which was agreed to.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 18 was adopted was taken up.
Rep. KOON moved to table the motion, which was agreed to.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 26 was adopted was taken up.
Rep. KOON moved to table the motion, which was agreed to.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 27 was adopted was taken up.
Rep. KELLEY moved to table the motion, which was agreed to.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 32 was adopted was taken up.
Rep. HARRELL moved to table the motion, which was agreed to.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 35 was adopted was taken up.
Rep. QUINN moved to table the motion, which was agreed to.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 36 was adopted was taken up.
Rep. H. BROWN moved to table the motion, which was agreed to.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 37 was adopted was taken up.
Rep. BOAN moved to table the motion, which was agreed to.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 44 was adopted was taken up.
Rep. BOAN moved to table the motion, which was agreed to.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 54 was adopted was taken up.
Rep. H. BROWN moved to table the motion, which was agreed to.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 63A was adopted was taken up.
Rep. BOAN moved to table the motion, which was agreed to.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 63B was adopted was taken up.
Rep. BOAN moved to table the motion, which was agreed to.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 72 was adopted was taken up.
Rep. FELDER moved to table the motion, which was agreed to.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 20 was adopted was taken up.
Rep. H. BROWN moved to table the motion, which was agreed to.
Rep. H. BROWN moved to table all pending motions to reconsider, which was agreed to.
Rep. H. BROWN gave notice of possibly offering amendments on third reading, pursuant to Rule 9.2.
Rep. H. BROWN moved to reconsider the vote whereby H. 4702 was set for Special Order immediately after second reading of H. 4700, which was agreed to.
Rep. H. BROWN moved that H. 4702, the Capital Reserve Fund for fiscal year 97-98, be set for Special Order immediately after third reading of H. 4700, and continue each day thereafter until given a second reading, which was adopted.
Rep. H. BROWN moved that when the House adjourns it adjourn to meet at 9:30 A.M. tomorrow, which was agreed to.
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 Breeland Brown, H. Brown, J. Brown, T. Byrd Campsen Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Delleney Easterday Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hinson Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Loftis Maddox Martin McAbee McCraw McGee McKay McLeod McMahand McMaster Meacham Miller Moody-Lawrence Mullen Neilson Phillips Pinckney Quinn Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Simrill Smith, D. Smith, F. Smith, R. Spearman Stille Stuart Townsend Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Brown, G. Davenport Howard Jordan Mack Neal Sheheen Smith, J. Tripp Wilkes
So, the Bill, as amended, was read the second time and ordered to third reading.
I would have voted for Part I and Part IB. I do not vote for permanent changes to the code in Part II.
Rep. ROBERT J. SHEHEEN
As Chairman of the Health Care and Social Services Sub-Committee of the Ways and Means Committee it is my feeling and the feeling of the Department of Health and Human Services that the language in Amendment 246 is needed to clarify that in no way does the Haskins Amendment intend to lose any matching Medicaid funds under Medicaid F.F.P. After several revisions of the Haskins Amendment and conversations with Rep. HASKINS it is not the intent of his amendment to apply to the use of state funds required to earn Medicaid F.F.P.
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 IA, Part IB and Part II, Section Number(s) 43
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. JOHN G. 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, Part IB and Part II, Section Number(s) 44, 45, 46, 51, 64, 50, 43, 38, 55, 40, 13, 32, 36, 37
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. J. MICHAEL BAXLEY
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) 27
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. GRADY A. BROWN
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) 29, 9, 30, 55, 26, 50, 21, 43, 42, 13, 32, 36, 37, 44, 45, 46, 51, 64, 38, 40
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. GEORGE CAMPSEN 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) 39
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. GILDA COBB-HUNTER
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) 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. GILDA COBB-HUNTER
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) 10
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. GILDA COBB-HUNTER
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) 9
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. GILDA COBB-HUNTER
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 with to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB and Part II, Section Numbers(s) 9, 28, 30, 31, 38, 43, 50, 64, 30, 50, 44, 64
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.
As a practicing attorney and partner in the firm of Cotty & Jonas, it is possible that either one of my law partners or myself may be involved with or appear before this agency, court of governing body.
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) 44, 45, 46, 51, 64, 50, 43, 40, 38, 55, 13, 32, 36
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. 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 PartIA, Part IB and Part II
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.
I did not vote on the same sections and amendments thereto as listed on last year's Appropriations Bill.
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 IA and Part IB, Section Number(s)all of 5 and/or Amendment Number(s) all amendments including 54
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 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)63 and/or Amendment Number(s) 95, 152, 104, 105, 139, 190
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). I am a part-time employee of USC.
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 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) 44, 45, 46, 51, 64, 50, 43, 38, 55, 40, 13, 32, 36, 37
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. C. ANTHONY HARRIS, 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)55, 64 and/or Amendment Number(s) all affecting Sections 55 and 64
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 H. HARRISON
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:
Bill #: H. 4700 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 Devleopment 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. Insurance Reserve Fund
S.C. Public Service Authority
S.C. Public Service Commission
S.C. Ports Authority
S.C. Department of Commerce
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 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. 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) 44, 45 46, 51, 64, 50, 43, 38, 55 ,40, 13, 32, 36
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. 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, Part IB and Part II, Section Number(s) 44, 45, 46, 51, 64, 50, 43, 38, 55, 40, 13, 32, 36, 37
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. DOUGLAS JENNINGS, 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) 27
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. MARION H. KINON
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) 60 (Treasurer), 59 (Comptroller General)
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. 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) 5N, line 29, page 0099
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:
Part IA and Part IB, Section Number(s) 9
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, P34, Part IB and Part II, Section Number(s) 28, 30, 31, 38, 43, 50, 64, 44
The reason for abstaining on the above referenced legislation is:
As a practicing attorney with the firm of Glenn, Haigler & Maddox, I or my partners may practice before the above boards, tribunals, or commissions. I abstain or intended to abstain from any votes or any votes affecting the above.
Rep. J. CORDELL MADDOX, 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 and Part IB, Section Number(s) 36, 24
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. E. DeWITT McCRAW
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) 44, 45, 46, 51, 64, 50, 38, 55, 40, 13, 32, 36, 43
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 G. McGEE 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) 64, 45, 46, 51, 64, 50, 43, 38, 55, 36, 40, 13, 32
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 8-13-740(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. 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 II, Section Number(s)new and/or Amendment Number(s) 186 Walker - Early Retirement 25 years service and age 50
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. BESSIE MOODY-LAWRENCE
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) 5L
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. BESSIE MOODY-LAWRENCE
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) 1, 1A
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. 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 II, Section Number(s) 27
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. W.E. SANDIFER 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) 44, 55, 43, 51, 50, 46, 45, 36
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. 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, Section Number(s) 38, 9, 13, 50, 64
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) 44, 45, 46, 51, 64, 50, 43, 38, 55, 40, 13, 32, 36
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 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) 55, 63E, 50, 46, 64, 45, 51, 27, 22
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 and Part IB, Section Number(s) 30, 55, 38, 43, 50
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. DAVID H. WILKINS
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) 44, 45, 46, 51, 64, 50, 43, 38, 55, 40, 13, 32, 36
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. W. JEFFREY YOUNG
Rep. H. BROWN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4746 -- Reps. Bauer and Quinn: A CONCURRENT RESOLUTION CONGRATULATING ASHLEY KAREN KERR, FOURTH GRADE STUDENT AT HARBISON WEST ELEMENTARY SCHOOL IN IRMO, ON HER INTERNATIONAL ACCOMPLISHMENTS AND SUCCESS IN KARATE.
H. 4747 -- Reps. Harvin, Young and Kennedy: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF MRS. HARRIETT BREWER GIBBONS OF CLARENDON COUNTY AND EXTENDING DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
At 7:45 P.M. the House in accordance with the motion of Rep. BREELAND adjourned in memory of Roosevelt "Sarge" Johnson of Charleston, to meet at 9:30 A.M. tomorrow.
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