Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
God of our fathers and our God today, we bow in reverent gratitude for our forefathers who, by their far reaching vision and dedicated service, have made this a great State. Our hearts go out in thankfulness for those who have served in this hallowed Chamber: for the brilliance of their minds, for depth of their public philosophy, for the daring of their deeds, for the strain and pain of their sacrifices.
And as we are grateful for past achievements, we ask that You clarify our vision of tasks unfinished. Now that the torch has been handed to us and as the mantle has fallen on us, may we hold that torch high and worthily wear the mantle that those who follow will be blessed because we have walked and worked together in our day.
Keep us always as "one Nation under God." 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. FARR moved that when the House adjourns, it adjourn in memory of Colonel William Farr, former House member from Union County, which was agreed to.
Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 4403 -- Reps. Holt, Harrelson, Harvin and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO PROVIDE REQUIREMENTS FOR RAISED DEER STANDS USED AT DEER HUNTS OFFERED TO THE PUBLIC BY THE DEPARTMENT OF NATURAL RESOURCES.
Ordered for consideration tomorrow.
Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 4478 -- Reps. Snow, Inabinett, Riser and Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-15-65 SO AS TO PROVIDE FOR AN ALLIGATOR HARVEST PROGRAM ON PRIVATE LANDS.
Ordered for consideration tomorrow.
Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 4480 -- Reps. Snow, Inabinett and Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-515 SO AS TO PROVIDE REQUIREMENTS PERTAINING TO SHARKS.
Ordered for consideration tomorrow.
Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 4482 -- Reps. Snow, Riser and Law: A BILL TO AMEND SECTION 50-17-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE POINT SYSTEM FOR VIOLATIONS OF COASTAL FISHERIES LAWS, SO AS TO INCLUDE STAMPS AS WELL AS LICENSES AND PERMITS; AND TO AMEND SECTION 50-17-1120, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE POINT SYSTEM, SO AS TO REVISE THE CONDITIONS UNDER WHICH PRIVILEGES, LICENSES, PERMITS, AND STAMPS MAY BE SUSPENDED BY THE DEPARTMENT OF NATURAL RESOURCES.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4180 -- Reps. Harrison, Wells, Gonzales, Wright, Barber, R. Smith, Fulmer, D. Wilder, Klauber, Jennings, A. Young, and Corning: A BILL TO AMEND CHAPTER 31, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS, SO AS TO ENACT THE SOUTH CAROLINA NONPROFIT CORPORATION ACT OF 1993 SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH NONPROFIT CORPORATIONS OPERATE AND TRANSACT BUSINESS IN THIS STATE; TO AMEND SECTION 33-11-101, RELATING TO MERGERS OF BUSINESS CORPORATIONS, SO AS TO MAKE THE PROVISIONS OF THE SECTION APPLICABLE TO NONPROFIT CORPORATIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 62-7-507 SO AS TO PROVIDE THAT CERTAIN STATUTORY PROVISIONS OF LAW SHALL NOT BE CONSTRUED TO CAUSE FORFEITURE OR REVERSION OF TRUST PROPERTY; AND TO REPEAL SECTION 33-20-103 RELATING TO NONPROFIT CORPORATIONS AND CHAPTER 33 OF TITLE 33 RELATING TO CHURCH CORPORATIONS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4351 -- Reps. P. Harris, Neilson, Waldrop, Allison, Baxley, J. Brown, Cobb-Hunter, Corning, Cromer, Davenport, Farr, Fulmer, Gonzales, Harrelson, Harrison, Harvin, Hines, Inabinett, Keegan, Kelley, Kirsh, Littlejohn, Marchbanks, Phillips, Rhoad, Rogers, Rudnick, Shissias, D. Smith, Snow, Stuart, Tucker, Vaughn, Waites, Walker, Wells, Whipper, D. Wilder, Wilkes, Keyserling, Breeland, Richardson and Gamble: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING TITLE 29, CHAPTER 4, SO AS TO ENACT THE SOUTH CAROLINA REVERSE MORTGAGE ACT WHICH DEFINES "REVERSE MORTGAGE", PROVIDES RULES FOR GOVERNING THESE MORTGAGES, EXEMPTS REVERSE MORTGAGES FROM CERTAIN PROVISIONS OF OTHER MORTGAGE TRANSACTIONS, AND REQUIRES THAT CERTAIN INFORMATION CONCERNING REVERSE MORTGAGES IS AVAILABLE TO LOAN APPLICANTS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4375 -- Reps. Richardson, Snow, Fulmer and Keyserling: A BILL TO AMEND SECTION 38-75-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WIND AND HAIL INSURANCE, SO AS TO CHANGE THE DEFINITION OF "ESSENTIAL PROPERTY INSURANCE".
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4642 -- Reps. Hodges and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-590 SO AS TO PROVIDE THAT TELECOMMUNICATIONS SERVICES PROVIDED BY INTEREXCHANGE TELECOMMUNICATIONS CARRIERS MUST BE DEEMED COMPETITIVE SERVICES AFTER JULY 1, 1994, REQUIRE THE PUBLIC SERVICE COMMISSION TO CONDUCT HEARINGS, MAKE FINDINGS, AND ESTABLISH BENCHMARKS AS TO THE COMPETITION WHICH EXISTS AMONG THE INTEREXCHANGE TELECOMMUNICATIONS CARRIERS, AND PROVIDE FOR RELATED MATTERS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4711 -- Rep. Harvin: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS AND THE ADVISORY COMMITTEE FOR CONTINUING EDUCATION COURSES, SO AS TO ADD TO THE MEMBERSHIP OF THE COMMITTEE ONE REPRESENTATIVE FROM THE SOUTH CAROLINA ASSOCIATION OF HEALTH UNDERWRITERS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 1048 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO AMEND SECTION 40-73-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL REPORTS REQUIRED OF OCCUPATIONAL AND PROFESSIONAL LICENSING BOARDS, SO AS TO PROVIDE THAT COPIES OF THE REPORTS MUST BE MAINTAINED AT ALL TIMES AND MUST BE AVAILABLE FOR PUBLIC INSPECTION WITHIN THE OFFICES OF THE BUDGET AND CONTROL BOARD, RATHER THAN THE OFFICES OF THE SECRETARY OF STATE.
Ordered for consideration tomorrow.
The following was introduced:
H. 4852 -- Reps. Rogers, Waites, Byrd, Neal, Scott, J. Brown, Harrison and Corning: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND MISS ELIZABETH SINCLAIR OF RICHLAND COUNTY ON THE RECENT CELEBRATION OF HER ONE HUNDRED AND THIRD BIRTHDAY AND TO RECOGNIZE HER MANY ACHIEVEMENTS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1223 -- Senator Leatherman: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE OF FLORENCE POLICE CHIEF WAYMON MUMFORD ON THE OCCASION OF HIS RETIREMENT AND WISHING FOR HIM MANY HAPPY AND FULFILLING YEARS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1015 -- Senators Leventis, Drummond, Land, Bryan, Giese, Rose, Lander, Martin, Ryberg and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THAT THE UNITED STATES CONGRESS INCLUDE ITS MEMBERS AND EMPLOYEES IN ANY NATIONAL HEALTH CARE LEGISLATION IT ADOPTS IN 1994 OR THEREAFTER.
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. 4853 -- Reps. Scott, G. Bailey, Breeland, J. Brown, Cobb-Hunter, Harrison, Inabinett, Jennings, Kennedy, White, Williams, Wilkes and Holt: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 23 TO TITLE 13 SO AS TO ENACT THE "SOUTH CAROLINA GAMING AND ECONOMIC DEVELOPMENT ACT" WHICH PROVIDES FOR THE MANNER IN WHICH CERTAIN DOCKSIDE GAMING ACTIVITIES MAY BE CONDUCTED IN SPECIFIED COUNTIES OF THIS STATE AND INCLUDES PROVISIONS TO PROVIDE FOR THE IMPOSITION OF A WAGERING TAX AND THE MANNER IN WHICH IT IS IMPOSED AND DISTRIBUTED, TO ESTABLISH THE SOUTH CAROLINA GAMING COMMISSION, TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE COMMISSION, TO PROVIDE FOR THE MANNER IN WHICH GAMING LICENSES MAY BE ISSUED AND THE FEES FOR THESE GAMING LICENSES, TO PROVIDE FOR OTHER LICENSES IN CONNECTION WITH GAMING ACTIVITIES INCLUDING SUPPLIERS' LICENSES AND OCCUPATIONAL LICENSES AND FOR THE FEES FOR THESE OTHER LICENSES, TO PROVIDE FOR THE APPLICABILITY OF OTHER STATE AND LOCAL TAXES TO GAMING OPERATIONS, TO PROVIDE FOR CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF CERTAIN GAMING PROVISIONS, AND TO PROVIDE THAT ONE HUNDRED THOUSAND DOLLARS FROM THE CIVIL CONTINGENT FUND SHALL BE ADVANCED TO THE SOUTH CAROLINA GAMING COMMISSION FOR ITS START-UP COSTS.
Referred to Committee on Ways and Means.
H. 4854 -- Reps. Riser, Hines, Rhoad and Witherspoon: A BILL TO AMEND SECTION 46-17-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF COMMODITY BOARDS, SO AS TO REVISE THE EX OFFICIO MEMBERS OF THE BOARDS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4855 -- Rep. Rogers: A BILL TO AMEND SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S JURISDICTION OVER MINOR CRIMINAL OFFENSES, SO AS TO PROVIDE A LIMITATION ON A MAGISTRATE'S POWER TO IMPOSE CONSECUTIVE TERMS OF IMPRISONMENT.
Referred to Committee on Judiciary.
H. 4856 -- Reps. D. Wilder, A. Young, Chamblee, McKay, Kirsh, Vaughn, Baker, Allison, Meacham, Gonzales, Cobb-Hunter, Hines, Simrill, Moody-Lawrence, Inabinett, Wofford, Walker, Byrd, Harrelson, Stoddard, Stille, Rogers, Stuart, J. Wilder, McCraw, Breeland, Waldrop, Haskins, J. Harris and Gamble: A BILL TO AMEND SECTION 20-7-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONCURRENT JURISDICTION OF FAMILY COURTS AND MAGISTRATE AND MUNICIPAL COURTS OVER CERTAIN VIOLATIONS BY JUVENILES SO AS TO INCLUDE VIOLATIONS OF LITTER LAWS.
Referred to Committee on Judiciary.
H. 4857 -- Reps. P. Harris, Waldrop and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-11-95 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO OBTAIN APPROVAL FROM THE DEPARTMENT OF CONSUMER AFFAIRS TO DISTRIBUTE A DIVIDEND OR SIMILAR DISTRIBUTION; BY ADDING SECTION 37-11-105 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO SUBMIT A FINANCIAL PLAN TO THE DEPARTMENT FOR APPROVAL IF THE DEPARTMENT HAS REASON TO BELIEVE THE OPERATOR IS OR MAY BECOME INSOLVENT; BY AMENDING SECTION 37-11-30, RELATING TO LICENSING OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO REVISE INFORMATION THAT MUST ACCOMPANY LICENSE APPLICATIONS; BY AMENDING SECTION 37-11-40, RELATING TO THE DETERMINATION OF FINANCIAL RESPONSIBILITY OF AN APPLICANT FOR LICENSURE, SO AS TO REVISE CONDITIONS UNDER WHICH A BOND OR OTHER GUARANTEE IS REQUIRED; AND BY AMENDING SECTION 37-11-50, RELATING TO ELIGIBILITY FOR LICENSURE, SO AS TO PROVIDE THAT ONLY THOSE CONTINUING CARE RETIREMENT COMMUNITIES WHICH REQUIRE PAYMENT OF AN ENTRANCE FEE OR OTHER FEE IN RETURN FOR A PROMISE OF FUTURE CARE MUST OBTAIN A LICENSE RATHER THAN ALL CONTINUING CARE RETIREMENT COMMUNITIES.
Referred to Committee on Labor, Commerce and Industry.
H. 4858 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: MUNICIPAL SOLID WASTE LANDFILL OPERATOR'S CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1661, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4859 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: MUNICIPAL SOLID WASTE INCINERATOR ASH LANDFILL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1669, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4860 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO BOLL WEEVIL QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1719, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4861 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LIVESTOCK-POULTRY HEALTH DIVISION, CLEMSON UNIVERSITY, RELATING TO IMPORTATION OF RATITES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1734, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
S. 954 -- Senators Leventis, Martin, Land, Peeler, Holland and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 TO TITLE 48 SO AS TO AUTHORIZE PRESCRIBED FIRES TO BE CONDUCTED UNDER CERTAIN CONDITIONS, DEFINE TERMS, PROVIDE FOR PROMULGATION OF REGULATIONS, LIMIT RELATED LIABILITY, AND PROVIDE FOR PRESCRIBED FIRES CONDUCTED WITHOUT A PRESCRIBED FIRE MANAGER.
On motion of Rep. RHOAD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was introduced:
H. 4862 -- Reps. Kennedy, Snow and Harvin: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT OF THE UNITED STATES, THE GOVERNOR OF SOUTH CAROLINA, AND EACH MEMBER OF THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO IMMEDIATELY BEGIN EFFORTS TO HELP THE TOWN OF KINGSTREE AND WILLIAMSBURG COUNTY RECOVER FROM THE DEVASTATING NEWS THAT BAXTER HEALTHCARE CORPORATION WILL CLOSE ITS PLANT IN KINGSTREE OVER THE NEXT TWO YEARS PUTTING EIGHT HUNDRED THIRTY PEOPLE OUT OF WORK.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Allison Anderson Askins Bailey, G. Bailey, J. Baker Baxley Beatty Boan Breeland Brown, H. Brown, J. Carnell Cato Chamblee Cobb-Hunter Cooper Davenport Delleney Fair Farr Fulmer Gamble Govan Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hines Hodges Holt Houck Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Martin McAbee McCraw McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Robinson Rogers Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Stille Stone Stuart Thomas Townsend Trotter Tucker Vaughn Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Wednesday, March 2.
Thomas C. Alexander Robert A. Barber, Jr. Molly M. Spearman C. Lenoir Sturkie Alma W. Byrd Grady A. Brown Eugene C. Stoddard John G. Felder Dave C. Waldrop, Jr. Larry L. Elliott H. Howell Clyborne, Jr. Roland S. Corning James L. M. Cromer, Jr. James G. Mattos Richard M. Quinn, Jr. Joseph T. McElveen, Jr. Ralph W. Canty Thomas E. Huff Lindsey O. Graham Stephen E. Gonzales
LEAVES OF ABSENCE
The SPEAKER granted Rep. T.C. ALEXANDER a temporary leave of absence.
The SPEAKER granted Rep. WAITES a leave of absence for the day due to illness.
Announcement was made that Dr. M.F. McFarland from Columbia, is the Doctor of the Day for the General Assembly.
Rep. FARR recognized Dr. Tommy F. Farr and John E. Farr, descendants of Colonel William Farr, former House member from Union County.
On motion of Rep. McCRAW, with unanimous consent, Rep. FARR's remarks were ordered printed in the Journal as follows:
"Mr. Speaker, my distinguished colleagues of the House... Two hundred years ago today was a sad day for the people in Union County and South Carolina. A member of this institution passed away who had served his fellowman at every level of government. Today, I rise before you to reflect for a few moments some highlights of a fine outstanding South Carolinian who was truly a legend in his time. My ancestor, Colonel William Farr is the man we are honoring today as we celebrate the commemoration of the two hundred anniversary of his death. First allow me to thank you publicly for your support in passing a Joint Resolution of the General Assembly honoring Colonel Farr. Your kind support of the endeavor sought by many of us in Union County and indeed throughout the country, will never be forgotten. I believe that we should make time for other such occasions to remember the ones, that we know of, who have served in our institution and who have served our State with great distinction. Far too often, we are too busy with our duties here at the Capitol to really take time to honor the real heroes of our great State and what they have meant in our history. Nevertheless, this occasion is one that I could not let pass by. Had it not been for the thousands of people in Union County who have honored me by allowing me to serve with you in this institution, this commemoration may have passed us by and that would have been a sad day in our history in my opinion. I can't say enough how honored I am to be serving in an institution where my ancestor served ten scores ago. Rep. William Farr did not live an easy life. He lost both his parents at a very young age. He was born and reared in Onslow County in our sister state. When he became of age he moved westward to Mecklenburg for a while and then moved southward to Union County where he settled along the west banks of Broad River to Fish Dam. It is there where he raised his family. He was a volunteer in the American Revolution. He fought vigorously for American Independence along with many great soldiers. He served as a Captain, Adjutant, Major and finally as Lt. Colonel until the end of the war. He fought first in the Famous Snow Campaign in 1775, then in the battles of Musgrove's Mills, Blackstock on the Tiger River, Stono, Hanging Rock, Rocky Mount, and he gave permission to fire the first shot at an advancing British line at the Battle of Cowpens thus starting that battle. We have studied extensively about his service to his country through his service to the Military and he has continuously been regarded as a true patriot, brave soldier and a virulent hater of Tories. In the book written by the Rev. J. D. Bailey titled 'Some Heroes of the American Revolution', a total chapter was written about Col. William Farr. I would like to share two special passages that I liked most of all. Colonel Farr apparently was accompanied by a loyal attendant named 'Lemerick' who often accompanied him on his campaign. One of his stories was that 'Everybody said Colonel Shelby whipped the British at Musgrove's Mill, but that was not right, for old Master had them whipped before Colonel Shelby got there.' The other passage was, 'Once when the Whigs had been driven from the west side of Broad River, Colonel Farr and some of his associates were camped on the east side. Farr hearing that his wife was sick, determined to visit her and look after her condition. Major Joseph McJunkin, Captain William Giles, Adam Skain, Thomas Wood and others volunteered to accompany him. They crossed Broad River at night, and cautiously approached the house and found it full of Tories. Farr and Giles went to one door, while McJunkin, Skain and Wood went to the other. McJunkin knocked at his door, and the Tories rushed to the other one to make their escape. The first one to put out his head was killed by Farr with his sword. Then he and his friends rushed into the house and captured the lot. His friends then told him that they would look after the prisoners. Major McJunkin is quoted as saying that the prisoners were taken off, disposed of, and were never heard of afterward. The friends of Farr soon returned to the house, where he made such provision for his family as the short time permitted, and the whole party returned to the east side of the river before daylight.' After the successful War was over, Col. Farr's service to our people was not over. He was appointed as the first Sheriff of Union County and later, in 1790, he was elected as the first House member from Union County. He served in the Ninth and Tenth General Assemblies from 1791 until his death on March 2, 1794. We have studied his service in the House of Representatives and his record is remarkable. In a word, he was a strong supporter of the Military and the Judicial Branch of Government. He apparently did not support a strong Chief Executive. His record reflects he supported high ethics from public officials and he believed in and voted for a fair and open government. He was a very active member of this institution. Like me, he served under a strong Speaker of the House, Speaker Jacob Read, he served under two popular Governors, Governor Charles Pinckney and Governor William Moultrie. At that particular time in our history, George Washington was President of the United States of America. We had thirteen proud and unified colonies. Serving under a new State Constitution, the upcountry had just gained major seats in the House of Representatives, an important victory for the citizens of our area. When the Ninth General Assembly met, it was only the second time in our history that they met in Columbia. But make no mistake, our predecessors had long and hard journeys to our new Capitol. Unlike the first, second, third, fifth, sixth, and seventh General Assemblies who met in Charles Town, journeys were now hard for most everyone especially in the lowcountry and upcountry. Col. William Farr and his colleagues had to make great personal and family sacrifices to serve our State... much more so than we do today. By the time Col. William Farr was elected to the House, he had lost a wife and mother of his first four children and one stepchild. He remarried and was a successful family man who raised a total of eleven children. His last son was born eleven days after his death. He was a planter and a merchant and as I've said, highly regarded by all those who knew him. His will affirms that he was a Christian and a God-Fearing man. His commitment to public service was a trait that has been continued by many of his decedents. In Union County for example, they served the office of County Auditor, County Treasurer, City Council, County Council, County Superintendent of Education and I'm honored now to be serving in this honorable institution. Many other have served in public offices in other counties and States that we know of. Another example would be Sheriff Bill Blanton who now serves as Sheriff of Cherokee County. Many other decedents have served in the Military including most of his Great-Grandsons who fought in the Civil War and many others in wars of yesteryear. But no matter who served in what capacity, all of us share one great common denominator of this man, Colonel William Farr, and that is pride. To prove this point to some degree is to introduce to you two important individuals standing at my side today whom I have joined in the many years of research of ancestors and decedents of Colonel William Farr. John E. Farr of Union now serving as Vice Chairman of the Union County Council and Dr. Tommy F. Farr who is serving in the Foreign Services of the United States Government currently stationed at the U. S. Embassy in Bonn, Germany. Others who are with us today are from various other parts of the United States including Washington State, Tennessee, Alabama, Georgia, Pennsylvania, Missouri, Louisiana, Texas, Florida and Mississippi. Needless to say are many others from our own, Union County. As I look upon the gallery, I see but one vacant seat that saddens me and that is one of my Grandfather Willie H. Farr who passed away this past June 3rd. Much due to his encouragement and his many words of wisdom for me, I stand here with you today. He was looking forward to this occasion and he was also very proud of his heritage. When we leave the State Capitol today, we are returning to Union County to unveil the signs naming the South Carolina Highway 72 Bridge on the Union and Chester County line the 'Colonel William Farr Memorial Bridge' and will continue to a memorial service at Colonel Farr's grave site on his beloved plantation at Fish Dam where we will be joined by others from Union County. In closing, I would like to quote an article which appeared in the Union Time Weekly Newspaper in 1882 in reference to Colonel Farr's life, 'Brave and kind, patient under hardships, magnanimous in victory..., this great man deserves to be remembered. The snows of nearly two centuries have fallen upon his grave, but the integrity of his personal character, his fidelity to fixed principles, his unconquerable and undying consecration to right and to his Country, are still kept alive in the light of vestal fires of liberty before which he bowed in the earliest Spring.' Now, in accordance with the Joint Resolution passed by this General Assembly, I now present to John and Tommy Farr a true original copy on behalf of the decedents of Colonel William Farr. Thank you for your indulgence and God Bless You."
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4840 -- Reps. Wilkins, M.O. Alexander, Anderson, Baker, Cato, Clyborne, Fair, Haskins, Jaskwhich, Mattos, McMahand and Vaughn: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO REDESIGNATE CERTAIN POLLING PLACES.
H. 4842 -- Reps. Thomas, Kennedy and Snow: A BILL TO PROVIDE THAT TRUSTEES OF THE GEORGETOWN COUNTY SCHOOL DISTRICT MUST BE ELECTED IN A NONPARTISAN ELECTION HELD AT THE TIME OF THE GENERAL ELECTION, TO PROVIDE THAT PERSONS MAY BECOME CANDIDATES BY FILING A STATEMENT OF CANDIDACY, AND TO PROVIDE THE METHOD OF DETERMINING RESULTS AND THE DATE THE TRUSTEES TAKE OFFICE.
S. 1193 -- Senator Courtney: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 21, 1994, MISSED BY THE STUDENTS OF COWPENS ELEMENTARY SCHOOL OF SPARTANBURG COUNTY SCHOOL DISTRICT THREE WHEN THIS SCHOOL WAS CLOSED DUE TO A MALFUNCTION OF THE HEATING SYSTEM IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
S. 1207 -- Senators Greg Smith and McGill: A BILL TO ABOLISH THE GEORGETOWN COUNTY BOARD OF VOTER REGISTRATION AND GEORGETOWN COUNTY ELECTION COMMISSION, AND TO CREATE THE GEORGETOWN COUNTY BOARD OF ELECTIONS AND REGISTRATION.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 4356 -- Reps. Wilkins, Allison, Elliott, Gamble, Corning and Harrell: A BILL TO AMEND SECTION 16-13-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, SO AS TO DELETE PROVISIONS ON THE MISDEMEANOR OFFENSE.
H. 4358 -- Reps. Wilkins, Allison, Elliott and Marchbanks: A BILL TO AMEND SECTION 16-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSES OF FELONIES AND MISDEMEANORS, SO AS TO PROVIDE THAT THE MINIMUM TERM OF IMPRISONMENT DOES NOT APPLY TO MISDEMEANORS LISTED IN SECTION 16-1-100.
H. 4359 -- Reps. Wilkins, Snow, Fair, Vaughn, Allison, Elliott, Mattos and Marchbanks: A BILL TO AMEND SECTION 16-15-305, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBSCENITY, SO AS TO INCREASE THE PENALTY TO CONFORM WITH THE CRIME CLASSIFICATION ACT OF 1993.
H. 4512 -- Rep. Wilkins: A BILL TO AMEND SECTION 16-14-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL TRANSACTION CARD THEFT, SO AS TO CONFORM THE PENALTY TO PROVISIONS OF THE CRIME CLASSIFICATION ACT.
H. 4323 -- Reps. Wilkins, Corning, Jaskwhich, Walker, Haskins, Meacham, Allison, Snow, Stuart, Hutson and Harrell: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARMED ROBBERY, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT; AND TO AMEND SECTION 16-11-340, AS AMENDED, RELATING TO PROVIDING SIGNS STATING THE PENALTY FOR ARMED ROBBERY, SO AS TO REMOVE FROM THE SIGN CERTAIN PROVISIONS.
H. 4365 -- Reps. Wilkins, Vaughn, Allison, Elliott and Harrell: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO REPEAL THE PROVISIONS REQUIRING THE CRIME TO BE DEFINED AS A VIOLENT CRIME AT THE TIME IT WAS COMMITTED.
H. 4725 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO DETERMINATION OF RATES OF TUITION AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1650, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4726 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE UNIVERSITY OF SOUTH CAROLINA, RELATING TO PARKING AND TRAFFIC, DESIGNATED AS REGULATION DOCUMENT NUMBER 1663, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4727 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO THE ADULT EDUCATION CURRICULUM AND ADULT EDUCATION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1670, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4728 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACADEMIC REQUIREMENTS FOR ADDING INSTRUCTIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1680, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. PHILLIPS having the floor.
H. 3840 -- Reps. Kennedy, Jaskwhich and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-25 SO AS TO PROVIDE THAT A PERSON WHO WAS EMPLOYED AND CERTIFIED AS A TEACHER IN THE PUBLIC SCHOOLS OF THIS STATE AT THE TIME OF HIS RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM MAY RETURN TO COVERED EMPLOYMENT UNDER CERTAIN CONDITIONS WHETHER OR NOT HIS TEACHING CERTIFICATE HAS BEEN RENEWED.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, March 1, by the Committee on Education and Public Works.
Rep. PHILLIPS continued speaking.
The amendment was then adopted.
Rep. GAMBLE proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\20553SD.94).
Amend the Report of the Committee on Education and Public Works, as and if amended, by adding at the end of Section 59-25-25 of the 1976 Code the following paragraph:
/No district may employ a retired teacher under the provisions of this section unless it is unable to employ a certified teacher. Retired teachers employed under the provisions of this section are considered temporary employees to which the provisions of Chapter 26 of Title 59 do not apply./
Renumber sections to conform.
Amend title to conform.
Rep. GAMBLE explained the amendment.
Rep. KENNEDY spoke against the amendment.
Rep. WHIPPER raised the Point of Order that Amendment No. 2 was out of order as it was not germane.
The SPEAKER overruled the Point of Order.
Reps. GAMBLE, ALLISON, WALKER, ROBINSON and MARCHBANKS objected to the Bill.
Rep. ROGERS moved to adjourn debate upon the following Bill until Wednesday, March 9, which was adopted.
S. 947 -- Senators Giese, Passailaigue, Glover, Rose and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-45 SO AS TO PROVIDE THAT THE GOVERNOR'S OFFICE, DIVISION ON AGING SHALL DESIGNATE AREA AGENCIES ON AGING WHO SHALL DESIGNATE AS FOCAL POINTS CERTAIN RECIPIENTS OF FUNDS THROUGH THE DIVISION ON AGING.
The following Bill was taken up.
H. 4681 -- Reps. McElveen, Sheheen, Wilkins, Phillips, McTeer, Rogers, Farr, McCraw, Shissias, J. Bailey, Meacham, G. Brown, Waites, Cobb-Hunter, Barber, Tucker, Houck, Martin, Kirsh, Wright, Moody-Lawrence, Chamblee, Stille, McLeod, Stoddard, Simrill, Sturkie, D. Wilder, Cooper, Townsend, Hodges, Stuart, Allison, Walker, Snow, Boan, Gamble, Vaughn, Jaskwhich, Delleney, Wells, Neilson, Haskins, Davenport, Hines, Littlejohn, Cato, Beatty, Robinson, Lanford and Jennings: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994" SO AS TO ESTABLISH A SCHOOL-TO-WORK SYSTEM TO EQUIP ALL STUDENTS WITH RELEVANT ACADEMIC SKILLS, MARKETABLE OCCUPATIONAL SKILLS, AND APPROPRIATE WORK-PLACE BEHAVIORS, TO ACCOMPLISH THE ABOVE THROUGH REVISIONS IN ACADEMIC AND VOCATIONAL CURRICULUM, ESTABLISHMENT OF CAREER EXPLORATION AND COUNSELING INITIATIVES, AND A PROGRAM OF APPRENTICESHIPS, MENTORSHIPS, AND WORK-PLACE EXPERIENCES, TO PROVIDE THAT BEGINNING WITH THE 1995-96 SCHOOL YEAR AND UNDER CERTAIN CONDITIONS, COMPLETION OF APPLIED ACADEMIC COURSES IN MATHEMATICS, SCIENCE, AND COMMUNICATIONS SKILLS SHALL FULFILL HIGH SCHOOL COURSE PREREQUISITE REQUIREMENTS AS EQUIVALENT TO PRECOLLEGE CURRICULUM REQUIREMENTS FOR APPLICANTS TO FOUR-YEAR POST-SECONDARY INSTITUTIONS, TO ESTABLISH A COMMITTEE TO STUDY AND MAKE RECOMMENDATIONS CONCERNING STATE TAX CREDITS FOR WORK-BASED PROGRAMS, HOW TO MAXIMIZE GOVERNMENT AND PRIVATE FUNDING FOR EDUCATION, AND WORKERS' COMPENSATION, INSURANCE AND LIABILITY ISSUES RELATING TO THE SCHOOL-TO-WORK SYSTEM; AND TO AMEND SECTION 41-13-20, RELATING TO CHILD LABOR, SO AS TO PROVIDE THAT NO CHILD UNDER THE AGE OF EIGHTEEN DURING THE REGULAR SCHOOL YEAR MAY WORK MORE THAN TWENTY HOURS A WEEK AND TO PROVIDE EXCEPTIONS.
Rep. FAIR objected to the Bill.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3239SD.94), which was adopted.
Amend the bill, as and if amended, SECTION 7(A), page 6, by adding after /Commerce,/ on line 11 /the State Board for Technical and Comprehensive Education,/.
When amended subsection (A) reads:
/(A) By July 1, 1994, the Director of the Department of Commerce, with the State Superintendent of Education, shall convene a School-To-Work Task Force representing a broad-based coalition of business and industry leaders, and with representatives from the Department of Commerce, the State Board for Technical and Comprehensive Education, the Department of Labor, the Employment Security Commission, the State Chamber of Commerce, the State Department of Education, the Commission on Higher Education, Job Training Partnership Act (JTPA), school districts, and post-secondary institutions. This task force shall guide, encourage, and facilitate actions which enable the school-to-work system to be implemented. The role of the task force is to work with the State Board of Education to:
(1) provide input to shape the development and scope of a statewide initiative;
(2) help promote the school-to-work system to key employers and education leaders across the State and encourage active participation of employers across the State; and
(3) identify and recognize exemplary programs and practices and help disseminate general information to interested parties across the State.
The School-To-Work Task Force shall report to the House Education and Public Works and the Senate Education Committees by January 1, 1996 as to the progress made in establishing the school-to-work system, difficulties encountered and any actions required by the General Assembly to ensure success of the system./
Amend title to conform.
Rep. McELVEEN explained the amendment.
The amendment was then adopted.
Reps. J. WILDER, BAXLEY and WALKER proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\CYY\15745AC.94), which was adopted.
Amend the bill, as and if amended, Section 7(A), page 6, by inserting after /(JTPA),/ on line 14 /the State Transition Coordinator for People with Disabilities,/.
Amend title to conform.
Rep. FAIR proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\GJK\20381SD.94), which was adopted.
Amend the bill, as and if amended, by striking /the kindergarten/ in SECTION 4(C)(1)(a) as contained on page 5, line 2 and inserting /grade six/.
Amend title to conform.
Rep. FAIR explained the amendment.
The amendment was then adopted.
Rep. FAIR proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\GJK\20382SD.94), which was adopted.
Amend the bill, as and if amended, by striking /grade six/ in SECTION 4(C)(1)(b) as contained on page 5, line 5 and inserting /grade eight/.
Amend title to conform.
Rep. FAIR explained the amendment.
The amendment was then adopted.
Rep. FAIR proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\GJK\20391SD.94), which was adopted.
Amend the bill, as and if amended, by adding a new section to be appropriately number which shall read:
/SECTION ___. The provisions of this act apply to all schools of this State including those schools which have been deregulated as provided by law./
Renumber sections to conform.
Amend title to conform.
Rep. FAIR explained the amendment.
The amendment was then adopted.
Rep. FAIR proposed the following Amendment No. 14 (Doc Name L:\council\legis\amend\GJK\20423SD.94), which was adopted.
Amend the bill, as and if amended, in SECTION 4.(A), page 4, line 11, by inserting after /appropriate./ the following: /Students may transfer between Tech Prep and College Prep tracks within guidelines established by the State Board of Education to allow for transfer up to the senior year in high school./
Amend title to conform.
Rep. FAIR explained the amendment.
The amendment was then adopted.
Rep. FAIR proposed the following Amendment No. 15 (Doc Name L:\council\legis\amend\GJK\20424SD.94).
Amend the bill, as and if amended, by striking SECTION 4.(B)(1)(c) which begins on line 25, page 4, and inserting:
/(c) incorporate into the curriculum the skills and knowledge suggested in the South Carolina Chamber of Commerce's Education Study, "What Work Requires of Schools", and place an emphasis on the importance of individual achievement as a cornerstone upon which self-respect, academic, and personal success are founded./
Amend title to conform.
Rep. FAIR explained the amendment.
Rep. TOWNSEND moved that the House recur to the morning hour, which was agreed to.
Further proceedings were interrupted by recurrence to the morning hour, the pending question being consideration of Amendment No. 15.
The following was introduced:
H. 4863 -- Reps. Breeland, Whipper, Inabinett, Hallman, Harrell, Holt, Fulmer, Hutson, Barber, J. Bailey, Gonzales and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. ZOLA DAVIS OF CHARLESTON IN CHARLESTON COUNTY UPON HIS EXTRAORDINARY RECORD AS A MEMBER OF THE BURKE HIGH SCHOOL FOOTBALL TEAM.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4864 -- Rep. Richardson: A BILL TO AMEND SECTION 59-17-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERATION OR DIVISION OF SCHOOL DISTRICTS, SO AS TO PROVIDE THAT IF CERTAIN PETITION REQUIREMENTS ARE SATISFIED, THE COUNTY BOARD OF EDUCATION IS REQUIRED TO ALTER OR DIVIDE THE SCHOOL DISTRICTS CONCERNED IN THE MANNER STIPULATED IN THE PETITION, AND TO PROVIDE THAT IF CERTAIN OTHER PETITION REQUIREMENTS ARE SATISFIED, THE COUNTY BOARD OF EDUCATION IS REQUIRED TO CALL THE REFERENDUMS CONCERNING THE ALTERATION OR DIVISION OF THE AFFECTED SCHOOL DISTRICTS, AND IF THE RESULTS OF THE REFERENDUMS ARE FAVORABLE IN EACH OF THE SCHOOL DISTRICTS, THE COUNTY BOARD OF EDUCATION IS REQUIRED TO ALTER OR DIVIDE THE SCHOOL DISTRICTS IN THE MANNER STIPULATED.
Referred to Committee on Education and Public Works.
H. 4865 -- Reps. Keyserling, White, Richardson and Harrelson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 TO TITLE 59 SO AS TO CREATE THE BEAUFORT-JASPER HIGHER EDUCATION COMMISSION AND PROVIDE FOR ITS MEMBERSHIP, MEETINGS, AUTHORITY, AND DUTIES; TO REPEAL ACT 90 OF 1959 RELATING TO THE BEAUFORT COUNTY HIGHER EDUCATION COMMISSION; AND TO PROVIDE FOR FINAL AND INITIAL TERMS.
Referred to Committee on Education and Public Works.
H. 4866 -- Rep. Spearman: A BILL TO AMEND SECTION 7-7-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PRECINCTS IN SALUDA COUNTY, SO AS TO REDESIGNATE THE PRECINCTS, AND PROVIDE THAT THE PRECINCT LINES DEFINING THE PRECINCTS ARE AS SHOWN ON OFFICIAL MAPS ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD DESIGNATED AS DOCUMENT P-81-94, AND MUST BE ESTABLISHED BY THE SALUDA COUNTY ELECTION COMMISSION SUBJECT TO THE APPROVAL OF A MAJORITY OF THE SALUDA COUNTY LEGISLATIVE DELEGATION.
Referred to Saluda Delegation.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 15.
H. 4681 -- Reps. McElveen, Sheheen, Wilkins, Phillips, McTeer, Rogers, Farr, McCraw, Shissias, J. Bailey, Meacham, G. Brown, Waites, Cobb-Hunter, Barber, Tucker, Houck, Martin, Kirsh, Wright, Moody-Lawrence, Chamblee, Stille, McLeod, Stoddard, Simrill, Sturkie, D. Wilder, Cooper, Townsend, Hodges, Stuart, Allison, Walker, Snow, Boan, Gamble, Vaughn, Jaskwhich, Delleney, Wells, Neilson, Haskins, Davenport, Hines, Littlejohn, Cato, Beatty, Robinson, Lanford and Jennings: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994" SO AS TO ESTABLISH A SCHOOL-TO-WORK SYSTEM TO EQUIP ALL STUDENTS WITH RELEVANT ACADEMIC SKILLS, MARKETABLE OCCUPATIONAL SKILLS, AND APPROPRIATE WORK-PLACE BEHAVIORS, TO ACCOMPLISH THE ABOVE THROUGH REVISIONS IN ACADEMIC AND VOCATIONAL CURRICULUM, ESTABLISHMENT OF CAREER EXPLORATION AND COUNSELING INITIATIVES, AND A PROGRAM OF APPRENTICESHIPS, MENTORSHIPS, AND WORK-PLACE EXPERIENCES, TO PROVIDE THAT BEGINNING WITH THE 1995-96 SCHOOL YEAR AND UNDER CERTAIN CONDITIONS, COMPLETION OF APPLIED ACADEMIC COURSES IN MATHEMATICS, SCIENCE, AND COMMUNICATIONS SKILLS SHALL FULFILL HIGH SCHOOL COURSE PREREQUISITE REQUIREMENTS AS EQUIVALENT TO PRECOLLEGE CURRICULUM REQUIREMENTS FOR APPLICANTS TO FOUR-YEAR POST-SECONDARY INSTITUTIONS, TO ESTABLISH A COMMITTEE TO STUDY AND MAKE RECOMMENDATIONS CONCERNING STATE TAX CREDITS FOR WORK-BASED PROGRAMS, HOW TO MAXIMIZE GOVERNMENT AND PRIVATE FUNDING FOR EDUCATION, AND WORKERS' COMPENSATION, INSURANCE AND LIABILITY ISSUES RELATING TO THE SCHOOL-TO-WORK SYSTEM; AND TO AMEND SECTION 41-13-20, RELATING TO CHILD LABOR, SO AS TO PROVIDE THAT NO CHILD UNDER THE AGE OF EIGHTEEN DURING THE REGULAR SCHOOL YEAR MAY WORK MORE THAN TWENTY HOURS A WEEK AND TO PROVIDE EXCEPTIONS.
Debate was resumed on Amendment No. 15 by Rep. FAIR.
Rep. TOWNSEND moved to table the amendment.
Rep. FAIR demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 50 to 34.
Rep. FAIR proposed the following Amendment No. 16 (Doc Name L:\council\legis\amend\GJK\20425SD.94).
Amend the bill, as and if amended, in SECTION 4.(B)(1)(d) by inserting after /year/ on page 4, line 29 /. If this change will cause a hardship, schools may be granted a waiver from eliminating the general track in the manner established by the State Board of Education;/
Amend title to conform.
Rep. FAIR explained the amendment.
Rep. TOWNSEND moved to table the amendment.
Rep. ROBINSON raised the Point of Order that the Bill was out of order as it did not have a fiscal impact statement attached.
The SPEAKER stated that it did not and he sustained the Point of Order.
The following Bill was taken up.
H. 4633 -- Reps. Boan, Barber, Carnell, Cobb-Hunter, Felder, J. Harris, P. Harris, Holt, Kinon, Kirsh, McAbee, McCraw, McKay, McTeer, Mattos, Quinn, Rogers, Delleney, Phillips and H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-257 SO AS TO ESTABLISH AN ADDITIONAL HOMESTEAD EXEMPTION FROM SCHOOL TAXES IMPOSED FOR PURPOSES OTHER THAN CONSTRUCTION AND PROVIDE THAT THE EXEMPTION DOES NOT APPLY TO SCHOOL OPERATING TAXES LEVIED AFTER 1997, TO PHASE IN THE AMOUNT OF THE EXEMPTION, TO PROVIDE FOR THE METHOD OF REIMBURSEMENT OF REVENUES LOST BECAUSE OF THE EXEMPTION, AND TO PROVIDE THAT THE PROPERTY EXEMPT FROM SCHOOL TAXES PURSUANT TO THIS SECTION IS NEVERTHELESS CONSIDERED TAXABLE PROPERTY FOR PURPOSES OF THE CONSTITUTIONAL DEBT LIMIT AND THE INDEX OF TAXPAYING ABILITY, TO PROVIDE A SPENDING LIMITATION FOR COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE AND PUBLIC SERVICE DISTRICTS AND AN AD VALOREM TAX REVENUE LIMITATION FOR SCHOOL DISTRICTS FOR FISCAL YEARS 1994-95 THROUGH 1997-98 AND PROVIDE EXCEPTIONS; TO AMEND SECTIONS 12-4-540, 12-37-10, 12-37-210, 12-37-730, 12-37-760, AND 12-37-780, RELATING TO THE POWERS OF THE DEPARTMENT OF REVENUE AND TAXATION WITH RESPECT TO PROPERTY TAXATION OF BUSINESS PROPERTY AND THE DUTIES AND POWERS OF COUNTY AUDITORS WITH RESPECT TO THE FILING OF PERSONAL PROPERTY TAX RETURNS, SO AS TO PROVIDE THAT ALL PERSONAL PROPERTY TAX RETURNS ARE FILED WITH THE DEPARTMENT OF REVENUE AND TAXATION, DELETE OBSOLETE PROVISIONS AND CONFORM EXISTING FILING REQUIREMENTS TO THESE CHANGES; TO AMEND SECTION 12-43-210, AS AMENDED, RELATING TO COUNTYWIDE REASSESSMENT PROGRAMS, SO AS TO REQUIRE SUCH PROGRAMS EVERY FIVE YEARS ON A SCHEDULE DETERMINED BY THE DEPARTMENT OF REVENUE AND TAXATION, AND PROVIDE FOR THE WITHHOLDING OF STATE AID TO SUBDIVISIONS' DISTRIBUTIONS TO COUNTIES FAILING TO COMPLY WITH THE SCHEDULE, TO REQUIRE THE DEPARTMENT TO DETERMINE PERSONNEL NEEDS OF COUNTY ASSESSORS AND REPORT ITS FINDINGS BY MAY 1, 1995, TO PROVIDE FOR AN INITIAL SCHEDULE OF REASSESSMENTS; TO PROVIDE THAT IF A COURT OF COMPETENT JURISDICTION VOIDS THE HOMESTEAD EXEMPTION ALLOWED BY THIS ACT, THEN THE SPENDING LIMITATIONS IMPOSED ON COUNTIES, MUNICIPALITIES, SPECIAL PURPOSE PUBLIC SERVICE DISTRICTS, AND SCHOOL DISTRICTS BY THIS ACT ARE SIMILARLY VOID, AND TO REPEAL SECTIONS 12-37-20, 12-37-750, 12-37-810, 12-37-820, 12-37-830, 12-37-850, 12-37-870, 12-37-910, 12-37-940, 12-37-1620, AND 12-37-2010, RELATING TO PERSONAL PROPERTY TAXES.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5498HC.94), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. (A) Article 3, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-257. (A) In addition to any other homestead exemption allowed by law, the amount of fair market value provided in subsection (B) of every homestead qualifying for the assessment ratio provided pursuant to Section 12-43-220(c) is exempt from all school taxes except school taxes levied for:
(1) debt service;
(2) payments for lease-purchases of school facilities; and
(3) additional school taxes for operating purposes levied for property tax years beginning after 1997.
(B) Amounts of fair market value exempt pursuant to subsection (A) are as follows:
Property Tax Year Exempt Amount
1994 $ 5,400
1995 21,000
1996 54,000
After 1996 one hundred
percent of fair
market value
(C) (1) The exemption allowed by this section is conditional on full funding of the Education Finance Act and on an appropriation by the General Assembly each year reimbursing school districts an amount equal to the Department of Revenue and Taxation's estimate of total school tax revenue loss resulting from the exemption in the next fiscal year. If the appropriation for a year is less than the certified estimate, the department shall calculate a proportionate reduction in the exemption amount otherwise applicable sufficient to eliminate any loss of revenue to school districts. The department shall notify the appropriate county tax officials of the reduced exemption and the reduced exemption amount applies instead of the amount provided in Subsection (B) for the appropriate tax year.
(2) The Department of Revenue and Taxation shall provide to the General Assembly and the Governor annually before December fifteenth a certified estimate of the total amount necessary to reimburse school districts for tax revenue not collected because of the exemption allowed by this section in the next fiscal year.
(3) (a) From the general fund of the State, the Comptroller General annually shall pay to the county treasurer of each county for the account of each school district in the county a sum equal to the taxes not collected for the school district because of the exemption provided in this section. The county treasurer shall furnish the Comptroller General on or before April first following the tax year, or during an extension authorized by the Comptroller General not to exceed sixty days, an accounting or statement as prescribed by the Comptroller General that reflects the amount of school district taxes not collected because of the exemption. Funds paid by the Comptroller General as the result of an erroneous or improper application must be returned to the Comptroller General for deposit to the credit of the general fund of the State. The Comptroller General shall promulgate regulations as may be necessary to carry out the provisions of this section.
(b) If reimbursement funds appropriated at least equal the estimated amount and the appropriated amount is insufficient to offset the revenue loss, the Comptroller General, from the general fund of the State, shall reimburse school districts the total reimbursement required regardless of the amount appropriated.
(D) Notwithstanding any other provision of law, the fair market value of a homestead exempted from property taxation in the manner provided in this section is considered taxable property for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State and for purposes of computing the index of taxpaying ability pursuant to Section 59-20-20(3)."
(B) The provisions of Section 12-37-257(C)(1) and (2), as added by this act, first apply for property tax year 1995 and fiscal year 1995-96.
SECTION 2. Beginning with county government spending for fiscal year 1994-95 and ending with county government spending for fiscal years after 1997-98, total spending by a county government in a fiscal year may not exceed total county government spending in the prior fiscal year by more than the percentage increase in the consumer price index in the twelve months ending December 31 preceding the fiscal year as determined by the Bureau of Labor Statistics of the United States Department of Labor. Total spending by a county government for purposes of this limitation is the total of all county government spending in a fiscal year from all sources of funds and for all purposes, but total county government spending does not include:
(1) spending in an amount not exceeding the amount represented by applying the county's tax millage for the most recently completed property tax year to the assessed value of new construction and improvements to existing property not previously taxed;
(2) spending of fee revenues generated by income-producing services first extended to customers in the current fiscal year;
(3) spending of funds derived from state or federal sources and spending of local sales and use tax revenues distributed to the county pursuant to Chapter 10, Title 4 of the 1976 Code;
(4) a capital expenditure financed without borrowing using funds derived from any source other than county property taxes;
(5) spending for debt service and lease-purchase payments;
(6) spending to offset a prior year deficit; and
(7) spending approved by at least a two-thirds vote of the governing body of the county.
SECTION 3. Beginning with municipal government spending for fiscal year 1994-95 and ending with municipal government spending for fiscal years after 1997-98, total spending by a municipal government in a fiscal year may not exceed total municipal government spending in the prior fiscal year by more than the percentage increase in the consumer price index in the twelve months ending December 31 preceding the fiscal year as determined by the Bureau of Labor Statistics of the United States Department of Labor. Total spending by a municipal government for purposes of this limitation is the total of a municipal government spending in a fiscal year from all sources of funds and for all purposes, but total municipal government spending does not include:
(1) spending in an amount not exceeding the amount represented by applying the municipality's tax millage for the most recently completed property tax year to the assessed value of new construction and improvements to existing property not previously taxed;
(2) spending of fee revenues generated by income-producing services first extended to customers in the current fiscal year;
(3) spending of funds derived from state or federal sources and spending of local sales and use tax revenues distributed to the municipality pursuant to Chapter 10, Title 4 of the 1976 Code;
(4) a capital expenditure financed without borrowing using funds derived from any source other than county property taxes;
(5) spending for debt service and lease-purchase payments;
(6) spending to offset a prior year deficit; and
(7) spending approved by at least a two-thirds vote of the governing body of the municipality.
SECTION 4. Beginning with special purpose or public service district spending for fiscal year 1994-95 and ending with special purpose or public service district spending for fiscal years after 1997-98, total spending by a special purpose or public service district in a fiscal year may not exceed total special purpose or public service district spending in the prior fiscal year by more than the percentage increase in the consumer price index in the twelve months ending December 31 preceding the fiscal year as determined by the Bureau of Labor Statistics of the United States Department of Labor. Total spending by a special purpose or public service district for purposes of this limitation is the total of special purpose or public service district spending in a fiscal year from all sources of funds and for all purposes, but does not include:
(1) spending in an amount not exceeding the amount represented by applying the district's tax millage for the most recently completed property tax year to the assessed value of new construction and improvements to existing property not previously taxed;
(2) spending of fee revenues generated by income-producing services first extended to customers in the current fiscal year;
(3) spending of funds derived from state or federal sources;
(4) a capital expenditure financed without borrowing using funds derived from any source other than county property taxes;
(5) spending for debt service and lease-purchase payments;
(6) spending to offset a prior year deficit; and
(7) spending approved by at least a two-thirds vote of the governing body of the district.
SECTION 5. Beginning with school district ad valorem tax revenues for operating purposes for school year 1994-95 and ending with school district ad valorem tax revenues for school years after 1997-98, total revenues of a school district from ad valorem taxes levied for operating purposes for a school year may not exceed the total of such revenues in the prior school year by more than the Education Finance Act inflation factor applicable for the current school year. However, the limitation on revenues imposed by this section does not apply to:
(1) ad valorem tax revenues in an amount represented by applying the school district's tax millage for the most recently completed tax year to the assessed value of new construction and improvements to existing property in the district not previously taxed;
(2) ad valorem tax revenues for debt service and lease-purchase payments;
(3) ad valorem tax revenues to offset a prior year deficit; and
(4) revenues of additional ad valorem taxes approved by at least a two-thirds's vote of the governing body authorized by law to levy school tax millage in the school district.
If the limit on revenue increases allowed by this section is insufficient to permit a school district to meet the maintenance of effort requirement of Section 59-21-1030 of the 1976 Code, then additional revenues may be raised by ad valorem taxes sufficient to meet this requirement.
SECTION 6. The last paragraph of Section 12-4-540(A) of the 1976 Code, as added by Act 50 of 1991, is amended to read:
"In addition, the commission department has the sole responsibility for the appraisal, assessment, and equalization of the taxable values of all other the personal property of merchants."
SECTION 7. Items (2), (3), (4), (5), (6), and (7) of Section 12-37-10 of the 1976 Code are amended to read:
"(2) 'Personal property' shall mean means all things, other than real estate, which have any pecuniary value, and moneys, credits, investments in bonds, stocks, joint-stock companies or otherwise;
(3) "Moneys" or "money" shall mean gold, silver and other coin, bank bills and other bills or notes authorized to be circulated as money, whether in possession or on deposit subject to the draft of the depositor or person having the beneficial interest therein on demand;
(4) "Credits" shall mean the remainder due, or to become due, to a person, after deducting from the amount of all legal debts, claims and demands in his favor the amount of all legal debts and demands against him, whether such demands be payable in money, labor or other valuable things, but, in ascertaining such remainder, no deduction shall be made for any (a) obligation to any mutual insurance company given for insurance, (b) subscription to the capital stock of any joint-stock company, (c) taxes assessed against the person, (d) subscription to any religious, scientific, literary or charitable purpose, (e) acknowledgment of a liability not founded on a legal and valuable consideration, (f) more of any joint liability with others than the person honestly believes he will be compelled to pay, (g) contingent liability or (h) acknowledgment of a debt or liability made for the purpose of diminishing the amount of credit to be returned for taxation;
(5) "Investment in bonds" shall be held to mean all investments of money or means in bonds of whatever kind, whether issued by the government of the United States, this or any other state or territory of the United States, any foreign government, any county, city, town or other municipality or any corporation or company of this or any other state or country;
(6) "Investment in stocks" shall mean all investments of money or means in evidences of indebtedness, other than bonds or bills designed to circulate as money, issued by any government or municipality, shares of the capital of any corporation, company or association and every interest in any such shares or portion thereof and all interests or shares in ships, boats or other vessels used or designed to be used exclusively or partially in navigating the waters within or bordering on this State, whether any such ship, boat or vessel be within the jurisdiction of this State or not and whether such vessel be registered or licensed at any collector's office in this State or not; and
(7) "Oath" shall mean and include an affirmation duly made."
SECTION 8. Section 12-37-210 of the 1976 Code is amended to read:
"Section 12-37-210. All real and personal property in this State, personal property of residents of this State which may be kept or used temporarily out of the State, with the intention of bringing it into the State, or which has been sent out of the State for sale and not yet sold, and all moneys, credits and investments in bonds, stocks, joint-stock companies or otherwise of persons resident in this State shall be is subject to taxation."
SECTION 9. Section 12-37-730 of the 1976 Code is amended to read:
"Section 12-37-730. All executors, administrators personal representatives, guardians, trustees, receivers, officers, husbands, fathers, mothers, agents or factors shall be are personally liable for the taxes on all personal property which they respectively are required, respectively, to list for taxation by the provisions of this chapter and which was in their possession at the time when the property tax return thereof for taxation shall have been was made by themselves or the county auditors department and may retain in their hands a sufficient amount of the property, or proceeds thereof of the property, to pay such the taxes for the entire year. And the The county treasurer may collect such the taxes by any and all the means provided by this chapter, either of the principal or beneficiary, or of the person so acting as executor, administrator personal representative, guardian, trustee, husband, father, mother, agent or factor, receiver, or officer."
SECTION 10. Section 12-37-760 of the 1976 Code is amended to read:
"Section 12-37-760. If any a person shall refuse refuses or neglect neglects to make out complete and deliver to the auditor department a statement of personal property, as provided in this chapter, or shall refuse refuses or neglect neglects to make and subscribe an oath as to the truth of such the statement, or any part thereof of the statement, or in case of sickness or absence of such the person the auditor department shall proceed to ascertain, as near as may be, and make up and return a statement of the personal property, and the its value thereof, with which such the person shall must be charged for taxation, according to the provisions of this chapter. To enable such auditor the department to make up such the statement, he it may examine any person under oath or records and ascertain, from general reputation and his own knowledge of facts, the character and value of the personal property of the person thus absent or sick or refusing or neglecting to list or swear. The auditor shall return the lists so made up by him endorsed "Refused to List," "Refused to Swear," "Absent" or "Sick," as the case may be, and in his return, in tabular form, shall write such words opposite the names of each of the persons so refusing or neglecting to list or swear or absent or sick."
SECTION 11. Section 12-37-780 of the 1976 Code is amended to read:
"Section 12-37-780. If the county auditor department shall suspect suspects or be is informed that any a person has evaded making a return, has made a false return, or has not made a full return of his personal property for taxation, or that the valuation returned is less than it should have been, according to the rules prescribed by this chapter, he it shall may at any time before the settlement with the treasurer for the year, notify such the person to appear before him at his office at a time fixed in such the notice, together with such other person or persons as the auditor may desire department desires to examine and such person, together with any witness called, shall be examined by the auditor under oath, touching concerning the personal property and the its value thereof of such person and everything which may tend to show the true amount such person should have returned for taxation. This examination must be under oath."
SECTION 12. Section 12-43-210(B) of the 1976 Code, as last amended by Act 381 of 1988, is further amended to read:
"(B)(1) No reassessment program may be implemented in a county unless all real property in the county, including real property classified as manufacturing property, is reassessed in the same year. The department shall divide counties into five groups for purposes of assigning dates for counties to implement countywide reassessment programs. Each county shall implement a countywide reassessment program as scheduled by the department. Additionally, each county shall implement a countywide reassessment program at least every fifth year after the initial reassessment year scheduled by the department.
(2) The countywide reassessment program required by this section applies to all real property in a county, including manufacturing real property.
(3) If the department determines that a county has failed to meet the reassessment requirements of this section, it shall notify the State Treasurer in writing, who shall withhold twenty percent of distributions due the county pursuant to Chapter 27 of Title 6, the State Aid to Subdivisions Act, until the department determines that the county has complied. When the department determines that the county has complied, it shall notify the State Treasurer who then shall release the withheld funds. A county may appeal a determination of noncompliance to the department and if aggrieved by the department's determination, a county may further appeal in the manner provided by law for appeals from a final determination by the department."
(B) Initial reassessment years pursuant to the provision of Section 12-43-210(B) of the 1976 Code, as amended by this act, are as follows:
County Group Year of Reassessment
1 1997
2 1998
3 1999
4 2000
5 2001.
SECTION 13. If the provisions of Section 12-37-257 of the 1976 Code as added by Section 1 of this act are declared unconstitutional, unlawful, or otherwise void by a court of competent jurisdiction, then the provisions of the spending and revenue limitations imposed by Sections 2, 3, 4, and 5 of this act are of no effect.
SECTION 14. Sections 12-37-20, 12-37-750, 12-37-810, 12-37-820, 12-37-830, 12-37-840, 12-37-850, 12-37-860, 12-37-870, 12-37-910, 12-37-940, 12-37-1620, and 12-37-2010 of the 1976 Code are repealed.
SECTION 15. Sections 6 through 12 and 14 of this act take effect January 1, 1995, and apply for property tax years beginning after 1994. The remaining sections of the act take effect upon approval by the Governor./
Amend title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Reps. CLYBORNE, KOON, H. BROWN, STONE, KIRSH, KELLY, HARRISON, HARRELL, WALKER, CROMER, LAW, TOWNSEND, BARBER, COOPER, WITHERSPOON, WOFFORD, GAMBLE VAUGHN, LITTLEJOHN, BAKER, R. SMITH, HUTSON, JASKWHICH, A. YOUNG, KEEGAN, G. BAILEY, RISER, RICHARDSON, KLAUBER, HUFF, MEACHAM, CATO, ROGERS, STUART and WILKINS proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\5545HC.94), which was adopted.
Amend the Report of the Committee on Ways and Means, as and if amended, SECTION 2, page 4633-3, by striking beginning on line 13 /and ending with county government spending for fiscal years after 1997-98/.
Amend further, SECTION 3, page 4633-3, by striking beginning on line 40 /and ending with municipal government spending for fiscal years after 1997-98/.
Amend further, SECTION 4, page 4633-4, by striking beginning on line 25 /and ending with special purpose or public service district spending for fiscal years after 1997-98/.
Amend further, SECTION 5, page 4633-5, by striking beginning on line 8 /and ending with school district ad valorem tax revenues for school years after 1997-98/.
Renumber sections to conform.
Amend title to conform.
Rep. CLYBORNE explained the amendment.
Rep. G. BROWN spoke against the amendment.
Rep. R. YOUNG spoke against the amendment.
Rep. KIRSH spoke in favor of the amendment.
Rep. SCOTT spoke against the amendment.
Rep. HARWELL spoke against the amendment.
Reps. HASKINS, KLAUBER and HUTSON spoke in favor of the amendment.
Rep. WILKES spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. G. BROWN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Allison Anderson Bailey, G. Bailey, J. Baker Barber Brown, H. Carnell Cato Chamblee Clyborne Cooper Cromer Davenport Delleney Elliott Fair Fulmer Gamble Gonzales Hallman Harrell Harris, J. Harris, P. Harrison Haskins Holt Houck Huff Hutson Jaskwhich Keegan Kelley Keyserling Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Mattos McCraw McElveen McKay Meacham Neilson Phillips Quinn Richardson Riser Robinson Rogers Sharpe Shissias Simrill Smith, D. Smith, R. Snow Spearman Stoddard Stone Stuart Sturkie Townsend Trotter Tucker Vaughn Waldrop Walker Wells White Wilder, D. Wilder, J. Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Askins Baxley Beatty Boan Breeland Brown, G. Brown, J. Byrd Cobb-Hunter Govan Harrelson Harwell Hines Hodges Inabinett Jennings Martin McAbee McLeod McMahand McTeer Moody-Lawrence Neal Rhoad Rudnick Scott Sheheen Stille Whipper Wilkes Williams Young, R.
So, the amendment was adopted.
At time of the vote I was meeting with Senator Jackson about Calhoun County matters. Due to my physical limitations I could not get to my seat on time to vote. Had I been present I would have voted for the amendment.
Rep. JOHN G. FELDER, District 93
Rep. BOAN moved that the House recede until 2:00 P.M., which was adopted.
Further proceedings were interrupted by the House receding, the pending question being consideration of amendments.
At 2:00 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised. A quorum was later present.
The SPEAKER granted Rep. BARBER a leave of absence for the remainder of the day.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
H. 4633 -- Reps. Boan, Barber, Carnell, Cobb-Hunter, Felder, J. Harris, P. Harris, Holt, Kinon, Kirsh, McAbee, McCraw, McKay, McTeer, Mattos, Quinn, Rogers, Delleney, Phillips and H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-257 SO AS TO ESTABLISH AN ADDITIONAL HOMESTEAD EXEMPTION FROM SCHOOL TAXES IMPOSED FOR PURPOSES OTHER THAN CONSTRUCTION AND PROVIDE THAT THE EXEMPTION DOES NOT APPLY TO SCHOOL OPERATING TAXES LEVIED AFTER 1997, TO PHASE IN THE AMOUNT OF THE EXEMPTION, TO PROVIDE FOR THE METHOD OF REIMBURSEMENT OF REVENUES LOST BECAUSE OF THE EXEMPTION, AND TO PROVIDE THAT THE PROPERTY EXEMPT FROM SCHOOL TAXES PURSUANT TO THIS SECTION IS NEVERTHELESS CONSIDERED TAXABLE PROPERTY FOR PURPOSES OF THE CONSTITUTIONAL DEBT LIMIT AND THE INDEX OF TAXPAYING ABILITY, TO PROVIDE A SPENDING LIMITATION FOR COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE AND PUBLIC SERVICE DISTRICTS AND AN AD VALOREM TAX REVENUE LIMITATION FOR SCHOOL DISTRICTS FOR FISCAL YEARS 1994-95 THROUGH 1997-98 AND PROVIDE EXCEPTIONS; TO AMEND SECTIONS 12-4-540, 12-37-10, 12-37-210, 12-37-730, 12-37-760, AND 12-37-780, RELATING TO THE POWERS OF THE DEPARTMENT OF REVENUE AND TAXATION WITH RESPECT TO PROPERTY TAXATION OF BUSINESS PROPERTY AND THE DUTIES AND POWERS OF COUNTY AUDITORS WITH RESPECT TO THE FILING OF PERSONAL PROPERTY TAX RETURNS, SO AS TO PROVIDE THAT ALL PERSONAL PROPERTY TAX RETURNS ARE FILED WITH THE DEPARTMENT OF REVENUE AND TAXATION, DELETE OBSOLETE PROVISIONS AND CONFORM EXISTING FILING REQUIREMENTS TO THESE CHANGES; TO AMEND SECTION 12-43-210, AS AMENDED, RELATING TO COUNTYWIDE REASSESSMENT PROGRAMS, SO AS TO REQUIRE SUCH PROGRAMS EVERY FIVE YEARS ON A SCHEDULE DETERMINED BY THE DEPARTMENT OF REVENUE AND TAXATION, AND PROVIDE FOR THE WITHHOLDING OF STATE AID TO SUBDIVISIONS' DISTRIBUTIONS TO COUNTIES FAILING TO COMPLY WITH THE SCHEDULE, TO REQUIRE THE DEPARTMENT TO DETERMINE PERSONNEL NEEDS OF COUNTY ASSESSORS AND REPORT ITS FINDINGS BY MAY 1, 1995, TO PROVIDE FOR AN INITIAL SCHEDULE OF REASSESSMENTS; TO PROVIDE THAT IF A COURT OF COMPETENT JURISDICTION VOIDS THE HOMESTEAD EXEMPTION ALLOWED BY THIS ACT, THEN THE SPENDING LIMITATIONS IMPOSED ON COUNTIES, MUNICIPALITIES, SPECIAL PURPOSE PUBLIC SERVICE DISTRICTS, AND SCHOOL DISTRICTS BY THIS ACT ARE SIMILARLY VOID, AND TO REPEAL SECTIONS 12-37-20, 12-37-750, 12-37-810, 12-37-820, 12-37-830, 12-37-850, 12-37-870, 12-37-910, 12-37-940, 12-37-1620, AND 12-37-2010, RELATING TO PERSONAL PROPERTY TAXES.
Rep. WHITE moved to reconsider the vote whereby Amendment No. 2 was adopted.
Rep. A. YOUNG moved to table the motion to reconsider and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey, J. Baker Brown, H. Carnell Cato Chamblee Clyborne Corning Cromer Delleney Fair Fulmer Gamble Gonzales Hallman Harrell Harris, J. Harris, P. Harwell Haskins Holt Houck Huff Hutson Keegan Kelley Kennedy Kinon Kirsh Klauber Law Littlejohn Marchbanks McCraw McKay Meacham Moody-Lawrence Phillips Quinn Richardson Riser Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stone Stuart Trotter Tucker Vaughn Waldrop Walker Wells Wilder, D. Wilder, J. Wilkins Witherspoon Wofford Wright Young, A.
Those who voted in the negative are:
Baxley Breeland Brown, G. Canty Cobb-Hunter Harvin Hines Hodges McAbee Rhoad Rudnick Scott Sheheen Stille Whipper White Wilkes
So, the motion to reconsider was tabled.
Reps. CLYBORNE, HARRISON, HARRELL, LAW, TOWNSEND, BARBER, COOPER, KEEGAN, CROMER, KELLEY, KOON, VAUGHN, BAKER, R. SMITH, RISER, D. SMITH, RICHARDSON, WILKINS, A. YOUNG, KLAUBER, HUFF, MEACHAM, GAMBLE, HUTSON, CATO, G. BAILEY, WOFFORD, LITTLEJOHN, WITHERSPOON, STONE, WALKER and STUART proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\JIC\5548HTC.94), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. A. Chapter 1, Title 11 of the 1976 Code is amended by adding:
"Section 11-1-95. In addition to any other limits on the revenue raising power, the governing body of a county, municipality, school district, or special purpose or public service district may not raise an existing tax or fee or impose an additional tax or fee or remove existing exemptions except upon a three-fourth's vote of the governing body."
B. This section takes effect July 1, 1994./
Renumber sections to conform.
Amend title to conform.
Rep. CLYBORNE explained the amendment.
Rep. HODGES raised the Point of Order that Amendment No. 4 was out of order as it was not germane in that the Bill amended Title 12 and the amendment amended Title 11.
Rep. CLYBORNE argued contra the Point.
The SPEAKER stated that the Bill did amend Title 12 and this amendment attempted to amend Title 11.
Rep. HODGES argued that the Bill dealt with a two-thirds vote to exceed the cap and the amendment dealt with a three-fourths vote.
Rep. CLYBORNE continued to argue contra the Point.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. CLYBORNE proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\JIC\5546HC.94), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, in SECTION 2, page 4633-3, by striking item (7) beginning on line 37 and inserting:
/(7) spending approved by the qualified electors of the county voting in a referendum held for this purpose./
Amend further, SECTION 3, page 4633-4, by striking item (7) beginning on line 22 and inserting:
/(7) spending approved by the qualified electors of the municipality voting in a referendum held for this purpose./
Amend further, SECTION 4, page 4633-5, by striking item (7) beginning on line 5 and inserting:
/(7) spending approved by the qualified electors of the special purpose or public service district voting in a referendum held for this purpose./
Amend further, SECTION 5, page 4633-5, by striking item (4) beginning on line 23 and inserting:
/(4) revenues of additional ad valorem taxes approved by the qualified electors of the school district voting in a referendum held for this purpose./
Amend title to conform.
Rep. CLYBORNE explained the amendment.
Rep. GONZALES spoke against the amendment.
Rep. BOAN moved to table the amendment.
Rep. CLYBORNE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Askins Bailey, J. Baxley Boan Breeland Brown, G. Canty Carnell Cobb-Hunter Cromer Delleney Elliott Gonzales Govan Harrelson Harris, J. Harvin Harwell Hines Hodges Holt Houck Huff Inabinett Jaskwhich Jennings Kennedy Keyserling Kinon Kirsh Marchbanks Martin Mattos McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neilson Phillips Rhoad Richardson Robinson Rogers Rudnick Scott Sheheen Snow Spearman Stille Stoddard Stuart Thomas Trotter Tucker Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Williams Worley
Those who voted in the negative are:
Allison Bailey, G. Baker Brown, H. Cato Chamblee Clyborne Cooper Davenport Fair Fulmer Gamble Hallman Harrell Harrison Haskins Hutson Keegan Kelley Klauber Koon Lanford Law Littlejohn McKay Meacham Quinn Riser Sharpe Shissias Simrill Smith, D. Smith, R. Stone Townsend Vaughn Waldrop Walker Wells Witherspoon Wofford Wright Young, A.
So, the amendment was tabled.
Rep. CLYBORNE proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\JIC\5557HC.94), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Notwithstanding any other provision of law, no law enacted after June 30, 1994, by the General Assembly requiring a county, municipality, school district, special purpose or public service district to spend funds or to take an action requiring the expenditure of funds is binding on these entities unless the General Assembly provides funding to these entities sufficient to offset the costs incurred./
Renumber sections to conform.
Amend title to conform.
Rep. CLYBORNE explained the amendment.
Rep. McABEE raised the Point of Order that Amendment No. 6 was out of order as it was not germane.
Rep. QUINN stated that there are several sections of law in Section 2 that do not amend any title but are temporary provisions.
The SPEAKER stated that they are law now since a previous amendment was adopted.
Rep. HASKINS stated that the amendment did amend Title 12.
The SPEAKER stated that one dealt with funding mandates for the General Assembly and the other dealt with spending limits on local governments and they are not related and he sustained the Point of Order and ruled the amendment out of order.
Reps. CLYBORNE, CROMER, STONE, H. BROWN, LAW, P. HARRIS, HARRISON, TOWNSEND, RHOAD, BARBER, COOPER, HARRELL, WITHERSPOON, KELLEY, VAUGHN, BAKER, LITTLEJOHN, HUTSON, D. SMITH, A. YOUNG, G. BAILEY, RISER, WOFFORD, KOON, R. SMITH, RICHARDSON, KLAUBER, HUFF, MEACHAM, CATO and KEEGAN proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\JIC\5551HC.94).
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. A. The penultimate paragraph of Section 12-37-930 of the 1976 Code is amended to read:
"In no event should the The original cost must not be reduced more than eighty ninety percent. In the year of acquisition, depreciation shall be is allowed as if the property were owned for the full year. The term 'original cost' shall mean means gross capitalized cost as shown by the taxpayer's records for income tax purposes."
B. This section applies for property tax years after 1993./
Renumber sections to conform.
Amend title to conform.
Rep. CLYBORNE explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 7 was out of order as it was not germane.
The SPEAKER stated that the Bill did not deal with evaluations of personal assessment of personal property taxes or manufactured machinery or equipment or adjustments in those allowances.
Rep. CLYBORNE argued contra the Point.
Rep. BAKER stated that Section 6 dealt with manufacturer's property.
Rep. McABEE stated that personal property was boats and cars.
The SPEAKER stated that 12-4-540 dealt with the assessment of transfers and gives the Department of Revenue the authority to assess the property which is covered under 12-37-930 and that it was germane and he overruled the Point of Order.
Rep. McABEE moved to table the amendment.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Baxley Boan Breeland Canty Carnell Cobb-Hunter Cromer Delleney Elliott Govan Harrelson Harris, J. Harvin Harwell Hines Hodges Houck Inabinett Kennedy Kinon Kirsh McAbee McCraw McTeer Moody-Lawrence Neal Phillips Rhoad Scott Sheheen Spearman Stille Stuart Tucker Whipper White Wilder, J. Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, J. Baker Brown, H. Cato Chamblee Clyborne Cooper Corning Davenport Fair Felder Fulmer Gamble Gonzales Graham Hallman Harrell Harris, P. Harrison Haskins Holt Huff Hutson Jaskwhich Keegan Kelley Keyserling Klauber Koon Law Littlejohn Marchbanks Mattos McElveen McKay Meacham Quinn Richardson Riser Robinson Rudnick Sharpe Shissias Simrill Smith, D. Smith, R. Snow Stone Thomas Townsend Trotter Vaughn Waldrop Walker Wells Wilder, D. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the House refused to table the amendment.
Rep. CLYBORNE spoke in favor of the amendment.
Rep. McELVEEN spoke against the amendment.
Rep. BAKER spoke in favor of the amendment.
Rep. J. BAILEY spoke against the amendment.
Rep. KENNEDY moved that the House do now adjourn.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Beatty Elliott Hines Inabinett Kennedy McAbee Riser Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Askins Baker Baxley Boan Breeland Brown, G. Brown, H. Cato Chamblee Clyborne Cooper Corning Cromer Davenport Delleney Fair Felder Fulmer Gamble Gonzales Govan Graham Hallman Harrelson Harris, J. Harris, P. Harwell Haskins Hodges Holt Houck Huff Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks McCraw McElveen McKay McTeer Meacham Neilson Phillips Quinn Richardson Robinson Rogers Rudnick Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Sturkie Thomas Townsend Trotter Tucker Vaughn Waldrop Walker Wells White Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the House refused to adjourn.
Rep. CLYBORNE moved to adjourn debate upon the amendment, which was adopted.
Reps. McABEE, CARNELL and STONE proposed the following Amendment No. 13 (Doc Name L:\council\legis\amend\GJK\20414SD.94), which was adopted.
Amend the Report of the Committee on Ways and Means, as and if amended, by striking SECTIONS 6, 7, 8, 9, 10, 11, and 14 in their entirety.
Amend the report further, by striking SECTION 15 and inserting:
/SECTION 15. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend and title to conform.
Rep. McABEE explained the amendment.
Rep. KIRSH spoke against the amendment.
Rep. JENNINGS spoke in favor of the amendment.
The amendment was adopted.
Rep. HUTSON proposed the following Amendment No. 14 (Doc Name L:\council\legis\amend\JIC\5587HTC.94), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 2-7-60 of the 1976 Code is amended by adding at the end:
"The State Budget and Control Board and the General Assembly including its appropriate committees shall use a 'zero-base' budget process in the preparation of the annual state general appropriations act beginning in 1995."/
Renumber sections to conform.
Amend title to conform.
Rep. HUTSON explained the amendment.
The SPEAKER granted Rep. HARRISON a leave of absence for the remainder of the day.
Rep. BOAN raised the Point of Order that Amendment No. 14 was out of order as it was not germane.
Rep. HUTSON argued contra the Point.
The SPEAKER stated that it was not germane and he sustained the Point of Order and ruled the amendment out of order.
Reps. WILKINS, A. YOUNG, MEACHAM, ROGERS, MARCHBANKS, CLYBORNE, BAKER, HUFF, WELLS and FAIR proposed the following Amendment No. 15 (Doc Name L:\council\legis\amend\JIC\5589HTC.94), which was adopted.
Amend the Report of the Committee on Ways and Means, as and if amended, SECTION 2, page 4633-3, by striking beginning on line 13 /and ending with county government spending for fiscal years after 1997-98/.
Amend further, SECTION 2, page 4633-3, by inserting an appropriately numbered item immediately after line 35 to read:
/( ) spending necessary to comply with federal or state legislative, administrative, or judicial mandates requiring the expenditure of funds or the use of county personnel, facilities, or equipment;/
Amend further, SECTION 3, page 4633-4, by inserting an appropriately numbered item immediately after line 20 to read:
/( ) spending necessary to comply with federal or state legislative, administrative, or judicial mandates requiring the expenditure of funds or the use of municipal personnel, facilities, or equipment;/
Amend further, SECTION 4, page 4633-5, by inserting an appropriately numbered item immediately after line 3 to read:
/( ) spending necessary to comply with federal or state legislative, administrative, or judicial mandates requiring the expenditure of funds or the use of special purpose or public service district personnel, facilities, or equipment;/
Amend further, SECTION 5, page 4633-5, by inserting an appropriately numbered item immediately after line 21 to read:
/( ) Ad valorem tax revenues necessary to comply with federal or state legislative, administrative, or judicial mandates requiring the expenditure of school district funds or the use of school district personnel, facilities, or equipment;/
Renumber sections and items to conform.
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Rep. WALKER proposed the following Amendment No. 16 (Doc Name L:\council\legis\amend\CYY\15749HC.94), which was rejected.
Amend the Report of the Committee on Ways and Means, as and if amended, in Section 12-37-257, as contained in Section 1, page 4633-3, by adding an appropriately lettered subsection after line 8 to read:
/( ) For purposes of this section, full funding of the Education Finance Act for the current year is defined as the base student cost for fiscal year 1989-90 adjusted by the cumulative inflation rate for years since 1989-90 as determined by the Division of Research and Statistical Services of the State Budget and Control Board./
Renumber subsections to conform.
Amend title to conform.
Rep. WALKER explained the amendment.
Rep. BOAN moved to table the amendment.
Rep. LITTLEJOHN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Askins Bailey, G. Bailey, J. Baxley Boan Brown, J. Byrd Cobb-Hunter Cromer Delleney Felder Harrelson Harris, J. Haskins Hodges Holt Houck Huff Jennings Keegan Kinon Kirsh Martin Mattos McAbee McCraw McKay McMahand McTeer Neal Rogers Scott Sheheen Spearman Stoddard Stone Tucker Vaughn Waldrop Wilder, J. Williams Worley
Those who voted in the negative are:
Allison Anderson Baker Beatty Breeland Brown, H. Canty Cato Chamblee Clyborne Cooper Corning Davenport Fair Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harwell Hines Hutson Inabinett Jaskwhich Kelley Kennedy Keyserling Klauber Koon Lanford Law Littlejohn Marchbanks Meacham Moody-Lawrence Phillips Quinn Richardson Riser Robinson Rudnick Sharpe Shissias Simrill Smith, D. Smith, R. Snow Stille Stuart Sturkie Thomas Townsend Trotter Walker Wells Whipper Wilder, D. Wilkins Witherspoon Wofford Wright Young, A.
So, the House refused to table the amendment.
Rep. BOAN spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. WALKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Beatty Canty Cooper Davenport Gonzales Hallman Harrelson Kelley Keyserling Littlejohn Richardson Stille Thomas Townsend Walker Wells White Wilder, D.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Anderson Askins Bailey, G. Bailey, J. Baker Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Carnell Cato Chamblee Cobb-Hunter Corning Cromer Delleney Fair Felder Gamble Govan Graham Harris, J. Harris, P. Harwell Haskins Hines Hodges Holt Huff Hutson Inabinett Jaskwhich Jennings Keegan Kennedy Kinon Kirsh Klauber Koon Lanford Law Marchbanks Martin Mattos McAbee McCraw McElveen McKay McLeod McMahand McTeer Meacham Neal Neilson Phillips Quinn Riser Robinson Rogers Rudnick Scott Sheheen Shissias Simrill Smith, R. Snow Spearman Stoddard Stone Stuart Sturkie Trotter Tucker Vaughn Waldrop Whipper Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A.
So, the amendment was rejected.
Rep. WALKER proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\CYY\15748HC.94), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, in SECTION 12-37-257(C)(1), as contained in SECTION 1, page 4633-2, line 10, by striking /Act/ and inserting /act, a state appropriation for one hundred percent of the costs of employer contributions for personnel required by the Defined Minimum Program,/.
Amend title to conform.
Rep. WALKER explained the amendment.
The SPEAKER granted Reps. ANDERSON and McMAHAND a leave of absence for the remainder of the day.
Rep. BOAN moved to table the amendment, which was agreed to.
Rep. WALKER proposed the following Amendment No. 18 (Doc Name L:\council\legis\amend\N05\7627TC.94), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. For purposes of calculating full funding of the Education Finance Act as required pursuant to Section 12-37-257(C) of the 1976 Code as added by this act, the state share of EFA funding must be as follows:
Fiscal Year 1994-95 - 72.5 percent
Fiscal Year 1995-96 - 75 percent
Fiscal Year 1996-97 - 77.5 percent
Fiscal Year 1997-98 - 80 percent./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WALKER explained the amendment.
Rep. BOAN spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. GONZALES proposed the following Amendment No. 20, which was adopted.
Amend the Report of the Committee on Ways and Means, as and if amended, SECTION 5, page 4633-5, line 14, by inserting after the sentence ending with the words 'school year.' /For purposes of this section, the term 'ad valorem tax revenues' includes reimbursement of lost ad valorem tax revenues by the state pursuant to the provisions of Section 12-37-257(c)./.
Amend title to conform.
Rep. GONZALES explained the amendment.
The amendment was then adopted.
Rep. GONZALES proposed the following Amendment No. 23, which was adopted.
Amend the Report of the Committee on Ways and Means, as and if amended, SECTION 2, page 4633-3, line 15, by inserting after the words 'a fiscal year' /, other than for special tax districts,/.
Amend further, SECTION 4, page 4633-4, by striking each occurrence of /special purpose or public service district/ and inserting /county special tax district, special purpose district, or public service district/.
Amend further, SECTION 4, page 4633-5, line 2, by striking /county/ and inserting /district/.
Amend further, SECTION 4, page 4633-5, line 6, by striking /governing body of the district/ and inserting /governing body authorized by law to levy district tax millage in the district./.
Amend title to conform.
Rep. GONZALES explained the amendment.
The amendment was then adopted.
The SPEAKER granted Rep. CANTY a leave of absence for the remainder of the day.
Rep. GONZALES proposed the following Amendment No. 24.
Amend the Report of the Committee on Ways and Means, as and if amended, SECTION 2, page 4633-3, line 35, by striking /(5) spending for debt service and lease-purchase payments/ and inserting:
/(5) spending for debt service and lease-purchase payments
(a) for debt issued or lease-purchase agreements entered into prior to July 1, 1994, or
(b) for debt issued or lease-purchase agreements entered into on or after July 1, 1994, and approved by a two-thirds vote of the governing body of the county or approved by referendum/.
Amend further, SECTION 3, page 4633-4, line 20, by striking /(5) spending for debt service and lease-purchase payments/ and inserting:
/(5) spending for debt service and lease-purchase payments
(a) for debt issued or lease-purchase agreements entered into prior to July 1, 1994, or
(b) for debt issued or lease-purchase agreements entered into on or after July 1, 1994, and approved by a two-thirds vote of the governing body of the municipality or approved by referendum/.
Amend further, SECTION 4, page 4633-5, line 3, by striking /(5) spending for debt service and lease-purchase payments/ and inserting:
/(5) spending for debt service and lease-purchase payments
(a) for debt issued or lease-purchase agreements entered into prior to July 1, 1994, or
(b) for debt issued or lease-purchase agreements entered into on or after July 1, 1994, and approved by a two-thirds vote of the governing body authorized by law to levy district tax millage in the district or approved by referendum/.
Amend further, SECTION 5, page 4633-5, beginning on line 20, by striking /(2) ad valorem tax revenues for debt service and lease-purchase payments/ and inserting:
/(2) ad valorem tax revenues for debt service and lease-purchase payments
(a) for debt issued or lease-purchase agreements entered into prior to July 1, 1994, or
(b) for debt issued or lease-purchase agreements entered into on or after July 1, 1994, and approved by a two-thirds vote of the governing body authorized by law to levy school tax millage in the school district or approved by referendum/.
Amend title to conform.
Rep. GONZALES explained the amendment.
Rep. HODGES raised the Point of Order that Amendment No. 24 was out of order as it was not germane as the original Bill dealt with taxation and the amendment deals with debt services.
The SPEAKER stated that he had amended Subsection 5 of each section for schools, counties, municipalities and special purpose districts which say that the spending limit does not apply. He further stated that he just increased the classifications under the exemptions and he overruled the Point of Order.
Rep. GONZALES continued speaking.
Rep. J. BROWN moved that the House do now adjourn, which was adopted.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 24, Rep. GONZALES having the floor.
The Senate returned to the House with concurrence the following:
H. 4828 -- Rep. Meacham: A CONCURRENT RESOLUTION CONGRATULATING THE VARSITY CHEERLEADERS OF FORT MILL HIGH SCHOOL IN YORK COUNTY ON WINNING THE STATE CHEERLEADING CHAMPIONSHIP AFTER PARTICIPATING IN THE SOUTH CAROLINA STATE CHEERLEADING ASSOCIATION'S STATE COMPETITION.
H. 4845 -- Rep. Meacham: A CONCURRENT RESOLUTION CONGRATULATING THE YELLOW JACKETS FOOTBALL TEAM OF FORT MILL HIGH SCHOOL IN YORK COUNTY ON WINNING THE 1993 REGION 4, CLASS AAA FOOTBALL CHAMPIONSHIP.
H. 4848 -- Rep. McMahand: A CONCURRENT RESOLUTION COMMENDING AMERICAN FEDERAL BANK OF GREENVILLE FOR ITS OUTSTANDING RECORD OF CIVIC INVOLVEMENT AND COMMUNITY IMPROVEMENT.
H. 4849 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING MARY COOPER OF MANNING ON BEING NAMED THE 1993 REGIONAL HEAD START TEACHER OF THE YEAR.
H. 4852 -- Reps. Rogers, Waites, Byrd, Neal, Scott, J. Brown, Harrison and Corning: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND MISS ELIZABETH SINCLAIR OF RICHLAND COUNTY ON THE RECENT CELEBRATION OF HER ONE HUNDRED AND THIRD BIRTHDAY AND TO RECOGNIZE HER MANY ACHIEVEMENTS.
H. 4863 -- Reps. Breeland, Whipper, Inabinett, Hallman, Harrell, Holt, Fulmer, Hutson, Barber, J. Bailey, Gonzales and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. ZOLA DAVIS OF CHARLESTON IN CHARLESTON COUNTY UPON HIS EXTRAORDINARY RECORD AS A MEMBER OF THE BURKE HIGH SCHOOL FOOTBALL TEAM.
At 4:45 P.M. the House in accordance with the motion of Rep. FARR adjourned in memory of Colonel William Farr, former House member from Union County, to meet at 10:00 A.M. tomorrow.
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