Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear a word from Proverbs 3:1-3:
"My son, don't forget my teaching, but let your heart keep my commands; for they will bring you many days and a full life ..."
Let us pray.
Lord, God of us all, thank You for Your teachings and guidance. Help us to keep You in the forefront of our thinking as we serve You and our citizens from this Senate.
Bless us all as we strive to bring about many days and a full life for all of our blessed South Carolina. With Your help we will be successful!
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator LOURIE introduced Dr. Leo Walker of Columbia, S.C., Doctor of the Day.
On motion of Senator MALLOY, at 11:05 A.M., Senator PINCKNEY was granted a leave of absence for today.
Senator McCONNELL rose for an Expression of Personal Interest.
S. 513 (Word version) -- Senators Richardson, McConnell, Thomas and Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-36 SO AS TO MAKE IT AN UNFAIR TRADE PRACTICE FOR A MOTOR VEHICLE REPAIR
On motion of Senator SCOTT, with unanimous consent, the name of Senator SCOTT was added as a co-sponsor of S. 513.
S. 1162 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 23-9-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASS D FIRE EQUIPMENT DEALER LICENSES AND PERMITS, TRAINING REQUIREMENTS, AND LICENSE AND PERMIT FEES, SO AS TO FURTHER SPECIFY REQUIREMENTS TO OBTAIN EQUIPMENT LICENSES AND PERMITS, TO PROVIDE THAT THE DIVISION OF STATE FIRE MARSHAL SHALL ESTABLISH FEES FOR EQUIPMENT LICENSES AND PERMITS IN REGULATION, WHICH MAY BE REVISED EVERY TWO YEARS, AND TO FURTHER PROVIDE THAT THE INITIAL FEES MAY NOT EXCEED THE CURRENT FEES OF ONE HUNDRED DOLLARS FOR LICENSES AND TWENTY-FIVE DOLLARS FOR PERMITS.
On motion of Senator REESE, with unanimous consent, the names of Senators REESE and VERDIN were added as co-sponsors of S. 1162.
The following were introduced:
S. 1179 (Word version) -- Senators Grooms, Campsen and Cleary: A CONCURRENT RESOLUTION TO URGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO OPPOSE THE SALE OF LAND IN THE FRANCIS MARION AND SUMTER NATIONAL FORESTS.
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The Concurrent Resolution was introduced and referred to the Committee on Agriculture and Natural Resources.
S. 1180 (Word version) -- Senator Setzler: A SENATE RESOLUTION TO DECLARE APRIL 22, 2006, "PALMETTO PROMISE DAY" IN PROMOTION OF TEEN VOLUNTEERISM, HONORING THOSE WHO ALREADY MAKE LASTING CONTRIBUTIONS TO THEIR
The Senate Resolution was introduced and referred to the General Committee.
S. 1181 (Word version) -- Senators Martin, McConnell, Leatherman, Thomas, Ryberg, Campsen, Knotts and Alexander: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF THIS STATE, RELATING TO FINANCE AND TAXATION, BY ADDING SECTION 15A, SO AS TO PROVIDE THAT IF A COMPLETE OR PARTIAL SUCCESSOR-IN-INTEREST TO A SCHOOL DISTRICT IN THIS STATE, OTHER TRANSFEREE OF A SCHOOL DISTRICT, OR OTHER ASSOCIATE OF ANY KIND OF A SCHOOL DISTRICT UNDERTAKES A DUTY OF THE SCHOOL DISTRICT AND IN THAT UNDERTAKING INCURS DEBT AFTER THE RATIFICATION DATE OF THIS SECTION THAT IS SERVICED BY GENERAL OBLIGATION BORROWING OF THE SCHOOL DISTRICT, THEN THE SUCCESSOR-IN-INTEREST, TRANSFEREE, OR ASSOCIATE IS DEEMED TO BE THE SCHOOL DISTRICT, AND THE DEBT INCURRED IS DEEMED GENERAL OBLIGATION DEBT OF THE SCHOOL DISTRICT SUBJECT TO ANY AND ALL REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, ANY REFERENDUM REQUIREMENT, FOR INCURRING GENERAL OBLIGATION DEBT BY THE SCHOOL DISTRICT.
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Read the first time and referred to the Committee on Judiciary.
S. 1182 (Word version) -- Senator Richardson: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING CHAPTER 50 SO AS TO ENACT THE SOUTH CAROLINA FIRST RESPONDER INTEROPERABILITY ACT WHICH PROVIDES FOR THE ESTABLISHMENT OF A STATEWIDE 800 MHZ COMMUNICATIONS NETWORK ALLOWING STATE AND LOCAL FIRST RESPONDER PUBLIC SAFETY ENTITIES TO COMMUNICATE ACROSS A SINGLE MOBILE TELECOMMUNICATIONS NETWORK, AND TO PROVIDE FOR THE FUNDING OF THE PALMETTO 800 NETWORK TO BE
Read the first time and referred to the Committee on Judiciary.
S. 1183 (Word version) -- Senator Moore: A CONCURRENT RESOLUTION TO DECLARE MARCH 1, 2006, AS CHILDREN AND FAMILY AWARENESS DAY.
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The Concurrent Resolution was adopted, ordered sent to the House.
Senator MESCHER from the General Committee polled out H. 4551 favorable:
H. 4551 (Word version) -- Rep. Cooper: A CONCURRENT RESOLUTION TO PROCLAIM APRIL 22, 2006, AS THE GREAT AMERICAN CLEANUP OF SOUTH CAROLINA AND ENCOURAGE ALL SOUTH CAROLINIANS TO RECOGNIZE THE MANY CONTRIBUTIONS OF A CLEAN AND BEAUTIFUL STATE TO AN IMPROVED QUALITY OF LIFE.
AYES
Mescher O'Dell Martin Alexander Ryberg Richardson Elliott Hawkins Knotts Ford Short Sheheen
Reese Gregory Ritchie Lourie Williams
Ordered for consideration tomorrow.
Columbia, S.C., February 23, 2006
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.227, S. 1024 by a vote of 15 to 1:
(R227, S1024 (Word version)) -- Senator Thomas: A JOINT RESOLUTION TO POSTPONE UNTIL 2007 THE IMPLEMENTATION OF THE VALUES DETERMINED IN GREENVILLE COUNTY'S MOST RECENTLY COMPLETED COUNTYWIDE APPRAISAL AND EQUALIZATION PLAN.
Very respectfully,
Speaker of the House
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 4190 (Word version) -- Rep. Leach: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENVILLE COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF GREENVILLE COUNTY, TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 774 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 24-21-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES' COMMUNITY SUPERVISION PROGRAM, SO AS TO DELETE THE PROVISION THAT SPECIFIES THE LENGTH OF ADDITIONAL TIME A PRISONER MUST SERVE IN A COMMUNITY SUPERVISION PROGRAM AND INCARCERATION WHEN HIS SENTENCE TO COMMUNITY SUPERVISION IS REVOKED, TO PROVIDE THAT THE MAXIMUM AGGREGATE AMOUNT OF TIME A PRISONER MAY BE REQUIRED TO SERVE WHEN SENTENCED FOR SUCCESSIVE REVOCATIONS MAY NOT EXCEED AN AMOUNT OF TIME EQUAL TO THE LENGTH OF INCARCERATION IMPOSED LIMITED BY THE AMOUNT OF TIME REMAINING ON THE ORIGINAL "NO PAROLE OFFENSE"; AND TO PROVIDE THAT THE PRISONER MUST NOT SERVE LONGER THAN THE ORIGINAL SENTENCE.
The following Bill, having been read the second time, was ordered placed on the Third Reading Calendar:
H. 4666 (Word version) -- Rep. Branham: A BILL TO AMEND ACT 239 OF 1981, AS AMENDED, RELATING TO THE FLORENCE COUNTY SCHOOL DISTRICT NO. 1 BOARD OF TRUSTEES, SO AS TO PROVIDE THAT MEMBERS OF THE BOARD MUST BE ELECTED AT THE GENERAL ELECTION IN NOVEMBER AND PROVIDE THAT THE TERMS OF THE MEMBERS MUST BE FOUR YEARS.
By prior motion of Senator LEATHERMAN
S. 1050 (Word version) -- Senators Ritchie, Ford, Mescher, Knotts, Bryant, Setzler and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "FAMILY COURT REFORM ACT OF 2006", BY AMENDING SECTION 15-36-10, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEY'S FEES AND COSTS OF FRIVOLOUS SUITS, SO AS TO CLARIFY THAT AN ACTION IN FAMILY COURT IS SUBJECT TO THE SOUTH CAROLINA FRIVOLOUS CIVIL PROCEEDINGS SANCTIONS ACT AND MANDATE SANCTIONS FOR MULTIPLE FINDINGS OF FRIVOLOUS SUITS; TO AMEND SECTION 20-3-130, RELATING TO THE AWARD OF ALIMONY AND OTHER ALLOWANCES IN DIVORCE CASES, SO AS TO ELIMINATE ADULTERY AS A PROHIBITION TO AN AWARD OF ALIMONY, TO CREATE A CATEGORY OF "LIMITED ALIMONY", TO CREATE A REBUTTABLE PRESUMPTION OF FINITE ALIMONY FOR SHORT-TERM MARRIAGES AND DEFINE SHORT-TERM MARRIAGES, TO MODIFY THE TIME PERIOD FOR MARITAL MISCONDUCT AS AN ALIMONY FACTOR TO THE DATE OF FILING AN ACTION FOR DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE AND RELATING TO THE PAYMENT OF ALIMONY AND SEPARATE MAINTENANCE AND SUPPORT IN DIVORCE PROCEEDINGS, TO REQUIRE THAT ALL PAYMENTS MADE BY THE PAYOR MUST BE MADE THROUGH THE CLERK OF COURT UNLESS THE PAYOR SPOUSE DEMONSTRATES THAT HE WILL NOT DEFAULT ON THE OBLIGATION OR PROVIDE ADEQUATE SECURITY FOR THE PAYMENT OF THE SUPPORT, AND TO REQUIRE THAT IF THE PAYOR SPOUSE IS EVER TEN DAYS OR MORE LATE IN PAYING HIS OBLIGATION, THEN, UPON THE FILING OF AN AFFIDAVIT BY THE PAYEE SPOUSE, ALL FUTURE PAYMENTS, ALONG WITH A SERVICE FEE, MUST BE MADE THROUGH THE CLERK OF COURT; TO AMEND TITLE 20, RELATING TO THE CHILDREN'S CODE, BY ADDING CHAPTER 6 ENTITLED THE "SOUTH CAROLINA FAMILY COURT HEARING OFFICER ACT", SO AS TO ESTABLISH FAMILY COURT HEARING OFFICERS; TO AMEND CHAPTER 7 OF TITLE 20, RELATING TO THE PAYMENT OF CHILD SUPPORT, BY ADDING SECTION 20-7-93, SO AS TO REQUIRE THAT IN CHILD SUPPORT ORDERS, THE PAYMENT MUST BE
Senator RITCHIE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
Senators McCONNELL, RITCHIE and MALLOY proposed the following amendment (JUD1050.014), which was adopted:
Amend the committee report, as and if amended, page [1050-2], by striking lines 14 through 24 in their entirety and inserting:
// Amend the bill further, as and if amended, by striking SECTION 5 in its entirety, beginning on line 30 on page 9, and inserting:
/ SECTION 5. Title 20 of the 1976 Code is amended by adding:
South Carolina Family Court Hearing Officer Act
Section 20-6-10. This act shall be cited as the 'South Carolina Family Court Hearing Officer Act'.
Section 20-6-20. Family court hearing officers, herein referred to as hearing officer, shall be appointed by and serve on a voluntary basis at the pleasure of the Chief Justice of the South Carolina Supreme Court. Hearing officers shall be accountable to the Chief Justice and are subject to the Code of Judicial Conduct while acting in the capacity of hearing officers. Hearing officers shall be afforded protection pursuant to the South Carolina Tort Claims Act, located in Chapter 78 of Title 15, while acting in the capacity of hearing officers.
Section 20-6-30. Any person appointed to serve as a hearing officer must be a member of the South Carolina Bar in good standing with a minimum of ten years experience in family court matters. Retired judges, not including probate judges, magistrates, municipal court judges, recorders, or any other summary court judges, may be appointed as hearing officers without having a minimum of ten years of experience in family court matters. Hearing officers must annually receive a minimum of six hours of continuing legal education on family court issues and shall be subject to additional standards as the South Carolina Supreme Court deems appropriate.
Section 20-6-40. (A) Hearing officers may be assigned all uncontested domestic relations matters by the Chief Administrative Judge for the circuit in which the hearing officer serves.
(B) Hearing officers may be assigned to hear Uniform Interstate Family Support Act matters and make recommendations of findings of fact and conclusions of law to a family court judge for consideration of an order by the family court judge as deemed just, equitable, and proper.
(C) Hearing officers may be assigned motion hearings for temporary relief in domestic relations matters, with consent of the parties, and make recommendations of findings of fact and conclusions
(D) In addition to the cases listed in subsections (A), (B), and (C), the Chief Justice must issue directives concerning the other types of cases that may be assigned only to hearing officers who are retired judges. For purposes of this subsection, the term 'retired judge' does not include probate judges, magistrates, municipal court judges, recorders, or any other summary court judges. Pursuant to the Chief Justice's directives and statutory authority, the Chief Administrative Judge of the circuit in which the hearing officer serves may refer specific cases by order to the retired judge hearing officer.
The types of cases that may be assigned include, but are not limited to:
(1) motions hearings for temporary relief in domestic relations actions, with consent of the parties;
(2) hearings in the following Department of Social Services (DSS) cases: child abuse and neglect cases, including probable cause, merits hearings pursuant to Sections 20-7-736 and 20-7-738, and review hearings, permanency planning for children in foster care, termination of parental rights, and adoption, and motions or other applications to the court in these cases;
(3) hearings in DSS Adult Protective Services cases, including probable cause, merits, and motions;
(4) determinations of indigency; and
(5) rule to show cause hearings, including any private and agency child support actions when there are no other substantive matters at issue.
(C) The clerk of court shall maintain a family court hearing officer docket. The clerk of court must assign a date and time for each proceeding to be heard by a hearing officer. The clerk of court also must maintain a record of each proceeding in the same manner as prescribed for the family court. The party requesting a hearing must provide notice to all parties in the same manner as prescribed for the family court.
Section 20-6-50. A hearing officer shall have the same authority as a family court judge in those cases assigned to him or her, subject to any limitations imposed by statute and the directives of the Chief Justice. A hearing officer's powers include, but are not limited to:
(1) administer oaths;
(2) preserve and enforce order during hearings;
(3) hold persons in contempt of court and sanction them accordingly, provided the hearing officer is a retired judge;
(4) examine witnesses;
(5) issue bench warrants for failure to appear, provided the hearing officer is a retired judge;
(6) issue orders and rulings on motions;
(7) act as the finder of fact and law;
(8) take minors and vulnerable adults into emergency protective custody, provided the hearing officer is a retired judge;
(9) issue temporary orders relating to equitable division of marital property, child support, custody, visitation, attorney's fees, discovery, and restraining orders as they relate to domestic relations actions, provided the hearing officer is a retired judge;
(10) require additional hearings for review of cases as necessary; and
(11) appoint attorneys and guardians ad litem as appropriate and permitted by law, provided the hearing officer is a retired judge.
Section 20-6-60. No matter directly appealable to the Supreme Court shall be subject to referral to any hearing officer.
Section 20-6-70. Proceedings shall be held in the county of appropriate venue unless the parties consent to conducting the proceedings in another county. The South Carolina Judicial Department shall maintain a list of qualified hearing officers for each county.
Section 20-6-80. The orders and rulings issued by a retired judge hearing officer shall be considered final and where allowed, shall be appealed directly to the Court of Appeals, as provided by the South Carolina Appellate Court Rules. All orders and rulings issued by a hearing officer who is not a retired judge must be reviewed by a family court judge in which the retired judge hearing officer serves. No further hearing is required for the family court judge's review; however, further hearing may be ordered if the family court judge determines it is necessary. Orders and rulings affirmed by a family court judge shall be appealed directly to the Court of Appeals, as provided by the South Carolina Appellate Court Rules.
Section 20-6-90. Hearing officers shall not be barred from the private practice of law in family court. However, they shall not preside over any matter in which they have participated as a lawyer.
Section 20-6-100. All applicable Rules of Family Court and Rules of Civil Procedure shall apply in all proceedings presided over by a hearing officer.
Section 20-6-110. Hearing officers shall receive credit for court appointments as determined by the Supreme Court." / //
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the amendment.
The amendment was adopted.
The Committee on Judiciary proposed the following amendment (JUD1050.009), which was adopted:
Amend the bill, as and if amended, pages 4 and 5, by striking Section 20-3-130(A) in its entirety, beginning on line 35 of page 4 and ending on line 3 of page 5, and inserting therein the following:
/ "Section 20-3-130. (A) In proceedings for divorce from the bonds of matrimony, and in actions for separate maintenance and support, the court may grant alimony or separate maintenance and support in such amounts and for such term as the court considers appropriate as from the circumstances of the parties and the nature of case may be just, pendente lite, and permanently. No alimony may be awarded to a spouse who commits adultery before the earliest of these two events: (1) the formal signing of a written property or marital settlement agreement, or (2) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties. /
Amend the bill further, as and if amended, pages 7 and 8, by striking Section 20-3-130(C)(10) in its entirety, beginning on line 25, page 7, and inserting therein the following:
/ (10) marital misconduct or fault of either or both parties, whether or not used as a basis for a divorce or separate maintenance decree if the misconduct affects or has affected the economic circumstances of the parties, or contributed to the breakup of the marriage, except that no evidence of personal conduct which may otherwise be relevant and material for the purpose of this subsection may be considered with regard to this subsection if the conduct took place subsequent to the happening of the earliest of: (a) the formal signing of a written property or marital settlement agreement, or (b) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties; /
Amend the bill further, as and if amended, page 10, by striking Section 20-6-30 in its entirety, lines 2-8, and inserting:
/ Section 20-6-30. Any person appointed to serve as a hearing officer must be a retired judge who is still an active member of the South Carolina Bar but not actively engaged in the practice of law. For purposes of this section, the term 'retired judge' does include probate judges, magistrates, municipal court judges, recorders, or any other summary court judges. Hearing officers must annually receive a minimum of six hours of continuing legal education on family court issues and shall be subject to additional standards as the South Carolina Supreme Court deems appropriate. /
Amend the bill further, as and if amended, by striking SECTION 8, beginning on page 12 and ending on page 14, in its entirety.
Amend the bill further, as and if amended, page 16, by striking Section 20-8-40(A) in its entirety, lines 8-24, and inserting:
/ Section 20-8-40. (A) All issues in domestic relations actions are subject to court-ordered mediation except where exempted. The following cases must be automatically exempted from mediation:
(1) contempt actions;
(2) child abuse and neglect proceedings;
(3) DSS Adult Protective Services cases;
(4) any case where there has been a finding by a court of competent jurisdiction within one year of the date of filing the action of spousal abuse or child abuse or neglect by one of the parties;
(5) juvenile proceedings;
(6) uncontested issues;
(7) actions where there is an agreement between the parties for voluntary mediation, subject to court approval; or
(8) the entry of a divorce or separate maintenance decree.
Certification that an action is exempt from court-ordered mediation shall be on a form approved by the Supreme Court. /
Amend the bill further, as and if amended, page 16, by striking line 42 and inserting the following:
/ the filing of the action, unless, in the court's discretion, the mediation conference should commence at an earlier date, and concluded no later than one hundred /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
Senator MESCHER proposed the following amendment (JUD1050.010):
Amend the bill, as and if amended, page 9, by striking line 28 and inserting:
/maintenance and support.
(J) When considering the factors provided in subsection (C) while making an award of alimony or separate maintenance and support, the court must give additional weight to both the award and the amount of the award of alimony or separate maintenance and support to the spouse seeking alimony or support when the court finds:
(a) that the spouse seeking alimony or support has not engaged in adultery; and
(b) that the other spouse has engaged in adultery prior to the earliest of either the formal signing of a written property or marital settlement agreement, or the entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties.
The degree of additional weight given by the court to the award or the amount of the award of alimony or separate maintenance and support must be proportionate to the circumstances surrounding the adultery committed by the spouse." /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the amendment.
Senator RITCHIE asked unanimous consent to withdraw Amendment No. 1.
Senator SHORT objected.
On motion of Senator RITCHIE, with unanimous consent, the Bill was carried over, as amended.
H. 4607 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE AT THE INTERSECTION ON INTERSTATE HIGHWAY 95 AND SOUTH CAROLINA HIGHWAY 9 IN DILLON COUNTY IN HONOR OF RETIRED
The Concurrent Resolution was adopted, ordered returned to the House.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 969 (Word version) -- Senators McConnell, Leatherman, Thomas, Martin, Short, Alexander, Richardson, Ritchie, Sheheen, Campsen, Williams, Ford, Anderson and Knotts: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ANNUAL BUDGETS AND EXPENSES OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS, SO AS TO PROVIDE THAT IF A TAX MUST BE LEVIED TO PAY FOR A DEFICIENCY OF THE PRECEDING YEAR, ANY CATASTROPHIC EVENT OUTSIDE THE CONTROL OF THE GOVERNING BODY, OR COMPLIANCE WITH A COURT ORDER OR DECREE, THE AMOUNT OF TAX PAID BY A TAXPAYER MUST BE LISTED ON THE TAX STATEMENT AS A SEPARATE SURCHARGE AND NOT INCLUDED WITH A GENERAL MILLAGE INCREASE; AND PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF THIS STATE, RELATING TO FINANCE AND TAXATION, BY ADDING SECTION 17, SO AS TO PROVIDE THAT, EXCEPT IN CERTAIN CIRCUMSTANCES, A SCHOOL DISTRICT, COUNTY, MUNICIPALITY, SPECIAL PURPOSE DISTRICT, PUBLIC SERVICE DISTRICT, OR POLITICAL SUBDIVISION OF THE STATE MUST LIMIT AN INCREASE IN
The Senate proceeded to a consideration of the Joint Resolution, the question being the adoption of Amendment No. 5 (JUD0969.003) proposed by Senators SHEHEEN, SETZLER, COURSON and MARTIN and previously printed in the Journal of February 22, 2006.
Senator SHEHEEN asked unanimous consent to make a motion to substitute Amendment No. 5A for Amendment No. 5.
There was no objection.
Senators SHEHEEN, SETZLER, COURSON and MARTIN proposed the following Amendment No. 5A (JUD0969.006), which was adopted:
Amend the joint resolution, as and if amended, page 4, by striking lines 21 and 22, as contained in SECTION 3 and inserting therein the following:
/ (2) 'Governing body' means the body of elected officials that exercise the taxing authority for a school district or a taxing jurisdiction. /
Amend the joint resolution further, as and if amended, pages 4 and 5, by striking subsection (B)(1)-(3) in its entirety, as contained in SECTION 3, and inserting therein the following:
/ (B)(1) Except as provided in items (2), (3), and (4), a school district is required to limit an increase in the millage rate to no more than the average of the percentage increases in the total personal income growth in the State for each of the three previously completed calendar years for which figures are available from the United States Department of Commerce.
(2) The limitation imposed by this subsection shall not apply to a school district that does not have fiscal autonomy and has its millage determined by referendum. If a school district that does not have fiscal autonomy has its millage increase determined by referendum, no limitation is imposed upon the amount by which the millage is increased.
(3) The limitation imposed by this subsection shall not apply to a school district that has a more restrictive limitation upon increasing millage imposed by a local law enacted by the General Assembly and applicable to that school district. A school district must comply with a more restrictive limitation upon increasing millage that is imposed by applicable local law enacted by the General Assembly.
(4) A school district that has fiscal autonomy may increase its millage rate in excess of the limitation required in items (1) or (3) upon the majority vote of the qualified electors voting in a referendum held at the time of the general election. Notwithstanding any law to the contrary, such election may be called only upon the majority vote of the governing body and must be governed according to state law. The question for the referendum must be substantially in the following form: 'Do you favor raising the millage rate of the [name of school district] for the purpose of [insert purpose]?' If approved by the majority vote of the electors in a referendum, the school district's millage rate is adjusted for any future fiscal years. /
Renumber sections to conform.
Amend title to conform.
Senator SHEHEEN explained the amendment.
The amendment was adopted.
On motion of Senator HUTTO, with unanimous consent, Amendment No. 4 (BBM\9284HTC06), which was previously carried over on February 22, 2006, was withdrawn.
Senator HUTTO proposed the following amendment (JUD0969.005), which was adopted:
Amend the joint resolution, as and if amended, page 2, by striking lines 17 through 34, as contained in SECTION 1, and inserting therein the following:
/ (2) If a tax must be levied to pay for:
(a) the deficiency of the preceding year,
(b) any catastrophic event outside the control of the governing body such as a natural disaster, severe weather event, act of God, or act of terrorism, fire, war, or riot,
(c) compliance with a court order or decree,
(d) taxpayer closure due to circumstances outside the control of the governing body that decreases by ten percent or more the amount of revenue payable to the taxing jurisdiction in the preceding year, or
(e) compliance with a regulation promulgated or statute enacted by the federal or state government after the ratification date of this section for which an appropriation or a method for obtaining an appropriation is not provided by the federal or state government,
then the amount of tax for each taxpayer must be listed on the tax statement as a separate surcharge, for each aforementioned applicable subitem, and not be included with a general millage increase. Each separate surcharge must have an explanation of the reason for the surcharge. The surcharge must be continued only for the years necessary to pay for the deficiency, for the catastrophic event, or for compliance with the court order or decree. /
Amend the joint resolution further, as and if amended, SECTION 2, page 3, by striking lines 38 through 43, and on page 4, by striking lines 1 through 5, and inserting therein the following:
/ "Must Section 7, Article X of the Constitution of this State be amended to make grammatical and organizational changes and to provide that if a tax must be levied to pay for a deficiency of the preceding year, for any catastrophic event outside the control of the governing body, for compliance with a court order or decree, for taxpayer closure due to circumstances outside the control of the governing body that decreases by ten percent or more the amount of revenue payable to the taxing jurisdiction in the preceding year, or for compliance with a regulation promulgated or statute enacted by the federal or state government after the ratification date of this section for which an appropriation or a method for obtaining an appropriation is not provided by the federal or state government, then the amount of tax paid by a taxpayer must be listed on the tax statement as a separate surcharge and not be included with a general millage increase? /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator McCONNELL spoke on the Joint Resolution.
Senator LEATHERMAN spoke on the Joint Resolution.
Senator HUTTO spoke on the Joint Resolution.
Senator KNOTTS spoke on the Joint Resolution.
On motion of Senator McCONNELL, with unanimous consent, debate was adjourned on S. 969.
On motion of Senator GROOMS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. William Gregg McCants III of Berkeley County, S.C.
At 11:58 A.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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