South Carolina General Assembly
110th Session, 1993-1994
Journal of the House of Representatives

WEDNESDAY, MARCH 16, 1994

Wednesday, March 16, 1994
(Statewide Session)

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:

O God of both nature and of human nature, we lift our thoughts in gratitude for the world You have made: for dawn and sunset, for night and day, for winter and spring, for sunshine and rain.

We are grateful that You have made us as we are: with hands to work and feet to walk, for eyes to see and ears to hear, for minds to think, for memories to recall, for freedom to chose right from wrong. We thank You for friends to encourage us, for loved ones who share our burdens and heal our wounds, and for all who give beauty to life.

Cause us to live to honor Your Name.

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.

MOTION ADOPTED

Rep. ANDERSON moved that when the House adjourns, it adjourn in memory of former House member Sara Shelton of Greenwood, which was agreed to.

CONCURRENT RESOLUTION

The following was introduced:

H. 4918 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING ROBERT C. MCCUTCHEN, JR., OF LEE COUNTY FOR HIS OUTSTANDING SERVICE AS ASSISTANT FIRE CHIEF FOR THE BISHOPVILLE CITY FIRE DEPARTMENT AND FOR HIS COMMITMENT TO FIREFIGHTING AND FIRE PREVENTION FOR OVER HALF A CENTURY, AND WISHING HIM SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1259 -- Senators Patterson, Courson, Giese and Jackson: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE COLUMBIA HOUSING AUTHORITY FOR SIXTY YEARS OF CONTINUOUS AND EXPANDING SERVICES TO THE COMMUNITY AT-LARGE AND ITS SUBSTANTIAL CONTRIBUTIONS TO IMPROVING THE LIVES OF ITS RESIDENTS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 4919 -- Reps. T.C. Alexander and Graham: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR OCONEE COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF OCONEE COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.

On motion of Rep. T.C. ALEXANDER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4920 -- Reps. Rudnick, Stone and Sharpe: A BILL TO AMEND SECTION 50-11-703, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE USE OF LIGHTS FROM VEHICLES TO OBSERVE OR HARASS WILDLIFE IN GAME ZONE 1, SO AS TO INCLUDE GAME ZONE 3.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4921 -- Rep. Rhoad: A BILL TO AMEND SECTION 50-17-810, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEASONS AND LIMITS ON SHAD, SO AS TO REVISE THE SEASON ON THE EDISTO RIVER.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 987 -- Senator Drummond: A BILL TO AMEND SECTION 1-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE STATE BUDGET AND CONTROL BOARD TO PROVIDE LIABILITY INSURANCE FOR STATE AGENCIES AND EMPLOYEES, SO AS TO PROVIDE LIABILITY INSURANCE FOR STATE AGENCIES AND OTHER PUBLIC ENTITIES THROUGH THE DIVISION OF INSURANCE SERVICES RATHER THAN THE DIVISION OF GENERAL SERVICES AND TO AUTHORIZE SUCH COVERAGE FOR PHYSICIANS OR DENTISTS WHO ARE PAID FOR PROFESSIONAL SERVICES FROM FEES PAID TO A PRACTICE PLAN AUTHORIZED BY THEIR EMPLOYERS WHETHER OR NOT INCORPORATED AND REGISTERED WITH THE SECRETARY OF STATE; AND TO AMEND SECTIONS 15-78-30, 15-78-70, AND 15-78-120, ALL AS AMENDED, RELATING TO DEFINITIONS, APPLICATIONS, AND LIMITATIONS ON LIABILITY FOR PURPOSES OF THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE THAT THE ACT EXTENDS TO A LICENSED PHYSICIAN AND DENTIST OTHERWISE COVERED WHO RECEIVES FEES FROM A PRACTICE PLAN AUTHORIZED BY THE LICENSEE'S EMPLOYER WHETHER OR NOT INCORPORATED AND REGISTERED WITH THE SECRETARY OF STATE.

Referred to Committee on Ways and Means.

CONCURRENT RESOLUTION

The following was introduced:

H. 4922 -- Reps. Carnell, Spearman, P. Harris and McAbee: A CONCURRENT RESOLUTION TO COMMEND BILL J. SAMS, DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF VETERANS AFFAIRS, FOR HIS OUTSTANDING SERVICE TO THE STATE AND ITS VETERANS UPON THE OCCASION OF HIS RETIREMENT DURING THE LEGISLATIVE INTERIM, AND TO PROVIDE THAT BILL SAMS SHALL BE PRESENTED THIS RESOLUTION AND RECOGNIZED FOR HIS SERVICE TO THE VETERANS OF SOUTH CAROLINA ON WEDNESDAY, MARCH 23, 1994, DURING THE JOINT SESSION OF THE GENERAL ASSEMBLY TO HEAR THE ADDRESS OF THE NATIONAL COMMANDER OF THE AMERICAN LEGION.

Whereas, the members of the General Assembly learned with regret that Bill J. Sams, Director of the South Carolina Department of Veterans Affairs, retired from this position during the legislative interim; and

Whereas, Bill Sams is a native of West Virginia, an Army veteran who served with distinction in Korea and Vietnam, and he worked in private industry for ten years before joining the Department of Veterans Affairs in 1979; and

Whereas, he became director of the department in 1988, and his many accomplishments during his tenure include the automation of the department, the remodeling and renovation of its offices, the institution of a quarterly veterans newsletter, and the obtaining of federal funding for the construction of the Campbell Veterans Nursing Home; and

Whereas, without question, Bill Sams put the welfare of the veterans of South Carolina above all else, and if South Carolina has ever had a true veterans' advocate, Bill Sams has been it; and

Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize and thank this great American and South Carolinian for all he has done for the veterans of this State upon the occasion of his retirement as Director of the Department of Veterans Affairs. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly hereby commend Bill J. Sams, Director of the South Carolina Department of Veterans Affairs, for his outstanding service to the State and its veterans upon the occasion of his retirement from this position during the legislative interim.

Be it further resolved that Bill J. Sams shall be presented this resolution and recognized for his service to the veterans of South Carolina on Wednesday, March 23, 1994, during the joint session of the General Assembly to hear the address of the National Commander of the American Legion.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

HOUSE RESOLUTION

The following was introduced:

H. 4923 -- Reps. Barber, J. Bailey, G. Bailey, Breeland, Fulmer, Gonzales, Hallman, Harrell, Holt, Hutson, Inabinett, Whipper, R. Young, H. Brown, Law, Williams, Wofford, Cobb-Hunter and A. Young: A HOUSE RESOLUTION TO CONGRATULATE COACH JOHN KRESSE AND THE COLLEGE OF CHARLESTON MEN'S BASKETBALL TEAM FOR AN OUTSTANDING 1993-94 SEASON AND THE GREAT HONOR OF RECEIVING AN AT-LARGE BID TO THE NCAA BASKETBALL TOURNAMENT AND TO WISH THEM THE BEST OF LUCK IN THE TOURNAMENT.

The Resolution was adopted.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Bailey, J.             Barber
Beatty                 Boan                   Breeland
Brown, G.              Brown, H.              Brown, J.
Carnell                Cato                   Cobb-Hunter
Cromer                 Delleney               Farr
Fulmer                 Gamble                 Govan
Graham                 Hallman                Harris, J.
Harris, P.             Harrison               Harwell
Haskins                Hines                  Holt
Hutson                 Inabinett              Jaskwhich
Keegan                 Kelley                 Kennedy
Keyserling             Kinon                  Kirsh
Lanford                Littlejohn             Marchbanks
McAbee                 McCraw                 McElveen
McKay                  McMahand               Meacham
Neal                   Neilson                Phillips
Rhoad                  Richardson             Riser
Robinson               Rogers                 Rudnick
Scott                  Sharpe                 Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Snow                   Spearman
Stille                 Stoddard               Stone
Stuart                 Thomas                 Trotter
Tucker                 Vaughn                 Waites
Walker                 Whipper                White
Wilder, D.             Wilder, J.             Wilkes
Witherspoon            Wofford                Worley
Young, A.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, March 16.

J. Michael Baxley                 Roland S. Corning
Michael L. Fair                   Stephen E. Gonzales
William S. Houck, Jr.             John G. Felder
C.D. Chamblee                     C. Lenoir Sturkie
Douglas E. McTeer, Jr.            Dell Baker
James N. Law                      Larry L. Elliott
George H. Bailey                  Robert W. Harrell, Jr.
Dave C. Waldrop, Jr.              Alma W. Byrd
Dewitt Williams                   Ronald P. Townsend
Daniel T. Cooper                  Richard M. Quinn, Jr.
James H. Hodges                   G. Ralph Davenport, Jr.
H. Howell Clyborne, Jr.           Bessie Moody-Lawrence
James G. Mattos                   Ralph W. Canty
David A. Wright                   James S. Klauber
David H. Wilkins                  Harry R. Askins
Thomas E. Huff                    C. Alex Harvin, III
E.B. McLeod, Jr.                  Roger M. Young
James P. Harrelson                Douglas Jennings, Jr.
Total Present--121

LEAVES OF ABSENCE

The SPEAKER granted Rep. WELLS a leave of absence for a week.

The SPEAKER granted Rep. ASKINS a temporary leave of absence.

STATEMENTS OF ATTENDANCE

Reps. THOMAS, McLEOD and HARVIN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, March 15.

DOCTOR OF THE DAY

Announcement was made that Dr. Donald Johnson of Charleston is the Doctor of the Day for the General Assembly.

H. 4821--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

H. 4821 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1993-94.

Rep. ROGERS proposed the following Amendment No. 1 (Doc Name L:\h-wm\legis\amend\CAP.001), which was adopted.

Amend the resolution, as and if amended, Section 1, page 2, subsection (7), lines 3-4, by striking

/(a)Community control system

expansion                     $658,116/

Amend further, Page 2, lines 5-6, opposite /(b)computer/equipment for field offices/ by reducing the line by $1,000,000

Amend further, Page 1, after line 26, by inserting

/school bus parts and fuel                     $1,658,116/

Renumber sections & amend totals/title to conform.

Rep. ROGERS explained the amendment.

The amendment was then adopted.

Rep. BOAN proposed the following Amendment No. 2 (Doc Name L:\h-wm\legis\amend\CAP.008), which was adopted.

Amend the resolution, as and if amended, Section 1, Department of Corrections, Page 2, Line 12, Item 8(d), by striking /Annualization//

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. ROGERS proposed the following Amendment No. 3 (Doc Name L:\h-wm\legis\amend\CAP.007), which was adopted.

Amend the resolution, as and if amended, Section 1, Department of Corrections, Page 2, Line 8, Item 8(a), by striking /Ridgeland Correctional Institution/ and inserting /Turbeville Correctional Institution/

Amend further, Section 1, Department of Corrections, Page 2, Line 16, Item 8(g), by striking /Turbeville Water and Sewer/ and inserting /Ridgeland Water and Sewer/

Renumber sections & amend totals/title to conform.

Rep. ROGERS explained the amendment.

The amendment was then adopted.

Rep. ROGERS proposed the following Amendment No. 5 (Doc Name L:\h-wm\legis\amend\CAP.013), which was adopted.

Amend the resolution, as and if amended, Section 1, Department of Corrections, Page 2, Line 9, item 8(a), opposite /Ridgeland Correctional Institution/ by reducing the amount on line 9 by /$1,174,686/

Amend further, Section 1, Page 2, Line 10, Item 8(b), opposite /Dutchman/Coastal Additions/ by reducing the amount on line 10 by /$575,000/

Amend further, Section 1, Page 2, after line 25, by adding an appropriately numbered item to read:

/Clemson PSA

T. Ed. Garrison Livestock Arena         $1,749,686/

Renumber sections & amend totals/title to conform.

Rep. ROGERS explained the amendment.

Rep. MOODY-LAWRENCE moved to table the amendment and demanded the yeas and nays, which were not ordered.

The House refused to table the amendment by a division vote of 8 to 46.

The question then recurred to the adoption of the amendment, which was agreed to.

Rep. J. HARRIS proposed the following Amendment No. 6 (Doc Name L:\h-wm\legis\amend\CAP.003), which was adopted.

Amend the resolution, as and if amended, Section 2, Page 2, by adding an appropriately numbered paragraph to read:

/(__) Of the 11,000,000 for Public Education Textbooks in item number 4, 1,000,000 shall be used for library media resources within the public school system./

Renumber sections & amend totals/title to conform.

Rep. J. HARRIS explained the amendment.

The amendment was then adopted.

Reps. BOAN, JENNINGS and HODGES proposed the following Amendment No. 7 (Doc Name L:\h-wm\legis\amend\CAP.020), which was adopted.

Amend the resolution, as and if amended, Section 2, Page 2, by adding an appropriately numbered paragraph to read:

/(__) The first priority use of funds designated for automated voting systems shall be to aid counties presently using paper ballots in purchasing automated count voting systems. The State may reimburse up to 70% of the cost of such systems. These counties are Abbeville, Calhoun, Dillon, Lee, McCormick, Richland, Marlboro, and Williamsburg. The second priority use of these funds will be to repay up to 70% of cost incurred by counties that have previously purchased an automated count voting system to replace paper ballots. These counties include Charleston, Chesterfield, Clarendon, Horry, Lancaster, Laurens, Saluda and Union.

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. MOODY-LAWRENCE proposed the following Amendment No. 8 (Doc Name L:\h-wm\legis\amend\CAP.015), which was ruled out of order.

Amend the resolution, as and if amended, Section 1, Page 2, by striking

/Clemson PSA

T. Ed Garrison Livestock Arena             1,749,686/
and inserting

/DHHS

Medically Needy Program                             1,749,686/

Renumber sections & amend totals/title to conform.

Rep. MOODY-LAWRENCE explained the amendment.

POINT OF ORDER

Rep. McABEE raised the Point of Order that Amendment No. 8 was out of order as it was not germane to the Supplemental Appropriations Bill in that it was a reoccuring item.

Rep. MOODY-LAWRENCE argued contra the point in stating that the House had voted last year to keep the Medically Needy Program on the books.

The SPEAKER stated that Section 11-11-320 stated that after March 1, monies from the Capital Reserve Fund may be appropriated by the General Assembly in separate legislation for these three purposes, to finance in cash previously authorized capital improvement bond projects, to retire interest or principle on bonds previously issued and for capital improvements or other non-recurring purposes and in order for the Medically Needy Program to fit, it had to be another non-recurring purpose, a one time appropriation that will not be built into the budget for recurring operations.

Rep. MOODY-LAWRENCE questioned whether the money could be used where it was in the beginning on the other bill and could it be used for non-recurring purposes.

The SPEAKER stated that in the Supplemental Appropriations Bill, it could be used for anything, but for Capital Reserve Fund, it had to be an appropriation that was one time and not used for normal operational purposes.

Rep. MOODY-LAWRENCE stated that the Medically Needy Program was not currently funded in the budget but the House had voted that if the money became available, then it would be funded.

The SPEAKER stated that if that was the case, then how do you say it was a recurring program if there was not money currently in the budget for it. He further stated that it would be spent for reimbursement for medical costs for those people who fall above Medicaid qualifications but do not qualify for indigent care.

Rep. McABEE stated that once a program of this nature was started, then how could it be considered a non-recurring program.

Rep. MOODY-LAWRENCE stated that if it was not funded, then it would be recurring.

The SPEAKER stated that if it was not currently in the budget, then it is not an on-going program and was a one time appropriation.

Rep. McABEE stated that it was in the Capital Reserve Fund and did not meet the test of the three things pointed out.

The SPEAKER stated that if the House did not appropriate any money for the Medically Needy and if this was a one time appropriation only, then it was non-recurring.

Rep. BOAN stated that under that rationale, then any new program that had not been funded before would be a non-recurring appropriation.

The SPEAKER stated that he had to know how the money was going to be spent.

Rep. BOAN stated that it came in direct aid to providers and was a Medicaid Program.

The SPEAKER stated that they were operational programs where applications were taken by state employees and there were administrative costs and the funds were then distributed to clients and that this was a normal operational program and not a capital program and he sustained the Point of Order and ruled the amendment out of order.

Rep. RUDNICK proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\GJK\20650SD.94), which was tabled.

Amend the resolution, as and if amended, by adding a new item to SECTION 2 to be appropriately numbered to read:

/( )     After the State House renovation is completed through the use in part of the funds provided in this act, each legislative agency located in the State House to the extent possible shall return to the space assigned to it before the renovation unless the General Assembly otherwise directs./

Renumber sections to conform.

Amend totals and title to conform.

Rep. RUDNICK explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. RUDNICK continued speaking.

Rep. SHEHEEN spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 61 to 2.

SPEAKER IN CHAIR

Rep. MOODY-LAWRENCE proposed the following Amendment No. 10 (Doc Name L:\h-wm\legis\amend\CAP.029), which was tabled.

Amend the resolution, as and if amended, Section 1, Page 2, by striking

/Clemson PSA

T. Ed Garrison Livestock Arena             1,749,686/

and inserting

/State Department of Education

Textbooks                             1,000,000
School Buses 749,686/

Renumber sections & amend totals/title to conform.

Rep. MOODY-LAWRENCE explained the amendment.

Rep. McABEE moved to table the amendment.

Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as follows:

Yeas 55; Nays 38

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Baker                  Baxley                 Boan
Carnell                Cato                   Chamblee
Cooper                 Corning                Cromer
Farr                   Felder                 Fulmer
Gamble                 Gonzales               Graham
Hallman                Harris, J.             Harris, P.
Harrison               Harwell                Holt
Jennings               Keegan                 Kelley
Lanford                Law                    Littlejohn
Marchbanks             Mattos                 McAbee
McCraw                 McKay                  McMahand
Phillips               Rhoad                  Riser
Robinson               Rogers                 Shissias
Smith, D.              Snow                   Spearman
Stoddard               Stone                  Stuart
Trotter                Tucker                 Walker
Wilder, D.             Wilder, J.             Witherspoon
Wright

Total--55

Those who voted in the negative are:

Anderson               Barber                 Beatty
Breeland               Brown, H.              Brown, J.
Byrd                   Delleney               Fair
Govan                  Harrell                Harrelson
Haskins                Hines                  Huff
Hutson                 Inabinett              Jaskwhich
Kennedy                Keyserling             Kinon
Kirsh                  Meacham                Moody-Lawrence
Neilson                Richardson             Rudnick
Scott                  Sheheen                Simrill
Smith, R.              Thomas                 Vaughn
Waites                 Whipper                White
Wofford                Young, A.

Total--38

So, the amendment was tabled.

The question then recurred to the passage of the Bill, as amended, on second reading.

The yeas and nays, which were taken resulting as follows:

Yeas 96; Nays 13

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Bailey, G.             Bailey, J.
Baker                  Baxley                 Boan
Breeland               Brown, G.              Brown, H.
Brown, J.              Byrd                   Canty
Carnell                Cato                   Chamblee
Clyborne               Cobb-Hunter            Corning
Cromer                 Delleney               Elliott
Fair                   Farr                   Felder
Gamble                 Gonzales               Govan
Hallman                Harrelson              Harris, J.
Harris, P.             Harrison               Harwell
Haskins                Hines                  Hodges
Holt                   Houck                  Huff
Hutson                 Inabinett              Jaskwhich
Jennings               Keegan                 Kelley
Kennedy                Keyserling             Kinon
Lanford                Law                    Marchbanks
Mattos                 McAbee                 McCraw
McElveen               McKay                  McMahand
Neal                   Neilson                Phillips
Quinn                  Rhoad                  Richardson
Riser                  Robinson               Rogers
Rudnick                Scott                  Sharpe
Sheheen                Shissias               Smith, R.
Snow                   Spearman               Stoddard
Stone                  Stuart                 Townsend
Trotter                Tucker                 Vaughn
Waites                 Walker                 Whipper
White                  Wilder, D.             Wilder, J.
Wilkes                 Wilkins                Witherspoon
Wofford                Worley                 Wright

Total--96

Those who voted in the negative are:

Beatty                 Cooper                 Fulmer
Graham                 Harrell                Kirsh
Littlejohn             Meacham                Moody-Lawrence
Simrill                Smith, D.              Thomas
Young, A.

Total--13

So, having received the necessary vote, the Bill, as amended, was read the second time and ordered to third reading.

SPEAKER PRO TEMPORE IN CHAIR
H. 4822--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

H. 4822 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.

Reps. SHEHEEN and J. HARRIS propose the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\1096DW.94), which was ruled out of order.

Amend the joint resolution, as and if amended, by adding an appropriately numbered section to read:

/SECTION     ___.     A.     Section 51-13-860 of the 1976 Code, as added by Act 349 of 1990, is amended to read:

"Section 51-13-860.     The Budget and Control Board may transfer to the authority an amount not to exceed six million dollars from the funds made available to the South Carolina Coordinating Council for Economic Development pursuant to Section 12-27-1270, for the purpose of the authority participating in any court approved settlement of the claims and litigation brought against the authority, its officers, employees, or agents and arising from, related to, or, connected with the development of a hotel and marina complex upon the lands of the authority, and for those other operating expenses necessary for the further development of the authority. This transfer is considered a loan to the authority, and it must be for a period not to exceed three years as determined by the Budget and Control Board and must be free of interest for that period. The authority, under conditions it considers appropriate, may loan to a local public entity approved by the Budget and Control Board, and the entity is authorized to borrow, an amount not to exceed six hundred thousand dollars, for a period not to exceed three years, with the money used by the entity exclusively for the benefit of Spoleto Festival, USA."

B.     This section takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. SHEHEEN explained the amendment.

POINT OF ORDER

Rep. KIRSH raised the Point of Order that Amendment No. 1 was out of order as it was not germane to the Supplemental Appropriations Bill.

Rep. RUDNICK argued that it was germane in that you couldn't loan money unless it was appropriated.

Rep. HUFF stated that it said may and not shall transfer.

SPEAKER Pro Tempore WILKINS sustained the Point of Order and ruled the amendment out of order.

SPEAKER IN CHAIR

Rep. BOAN proposed the following Amendment No. 3 (Doc Name L:\h-wm\legis\amend\SUP.011), which was adopted.

Amend the resolution, as and if amended, Section 1, Corrections, Page 2, Line 4, Item 13, by striking /Turbeville Water and Sewer/ and inserting /Ridgeland Water and Sewer/

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. ROGERS proposed the following Amendment No. 5 (Doc Name L:\h-wm\legis\amend\SUP.014), which was adopted.

Amend the resolution, as and if amended, Section 1, Corrections, Page 2, After line 4, item (13), by adding an appropriately numbered sub-item to read:

/Ridgeland Correctional Institution     $1,174,686/

Amend further, Section 1, Page 2, After line 4, item (13), by adding an appropriately numbered sub-item to read:

/Dutchman/Coastal Additions                         $ 575,000/

Amend further, Section 1, Page 1, Line 30, Item (6), opposite /T. Ed Garrison Livestock Arena/ by reducing the amount on line 30 by /$1,749,686/

Renumber sections & amend totals/title to conform.

Rep. ROGERS explained the amendment.

The amendment was then adopted.

Rep. MATTOS proposed the following Amendment No. 7 (Doc Name L:\h-wm\legis\amend\SUP.077), which was adopted.

Amend the resolution, as and if amended, Section 3, Page 2, by inserting a new line after line 19 to read

/(3) Higher Education Tuition Grants
Scholarship Non-state 1,000,000/

Renumber sections & amend totals/title to conform.

Rep. MATTOS explained the amendment.

The amendment was then adopted.

Rep. PHILLIPS proposed the following Amendment No. 8 (Doc Name L:\h-wm\legis\amend\SUP.008), which was adopted.

Amend the resolution, as and if amended, Section 3, DJJ, Page 2, After line 19, by adding an appropriately numbered item to read:

(4) /School House Safety Act         $1,208,000/

Renumber sections & amend totals/title to conform.

Rep. PHILLIPS explained the amendment.

The amendment was then adopted.

Rep. ROGERS proposed the following Amendment No. 10 (Doc Name L:\h-wm\legis\amend\SUP.078), which was adopted.

Amend the resolution, as and if amended, Section 3, Page 2, by inserting a new line after line 19 to read

/(5) DSS Child Support

Automated Systems                                 $2,500,000/

Renumber sections & amend totals/title to conform.

Rep. ROGERS explained the amendment.

The amendment was then adopted.

Reps. RICHARDSON and KEYSERLING proposed the following Amendment No. 12, which was rejected.

Amend the resolution, as and if amended, by adding a new item to Section 3, line 20, to be appropriately numbered to read:

/( ) $50,000.00 allocated to the Commission on Higher Education for the purpose of studying the feasibility of expanding the University of South Carolina, Beaufort Campus to a four-year institution in order to balance the educational opportunities in this State to include the "low country" counties of the State, including Beaufort, Jasper, Hampton, Colleton and Allendale./

Rep. RICHARDSON explained the amendment.

Rep. KEYSERLING spoke in favor of the amendment.

POINT OF ORDER

Rep. LITTLEJOHN raised the Point of Order that Amendment No. 12 was out of order as it was not germane to the Supplemental Appropriations Bill.

The SPEAKER stated that it was in Section 3 and appropriated money to a specific purpose if available and he overruled the Point of Order.

Rep. RICHARDSON spoke in favor of the amendment.

The amendment was then rejected by a division vote of 31 to 53.

Rep. ROGERS proposed the following Amendment No. 14 (Doc Name L:\h-wm\legis\amend\SUP.030), which was adopted.

Amend the resolution, as and if amended, Section 1, Page 1, Line 23, opposite /School Bus Parts and Fuel/ by reducing the line by /1,658,116/

Amend further, by inserting after line 28 a new item

/Department of Probation,

Parole & Pardon Services Community

Control System Expansion 1,658,116/

Renumber sections & amend totals/title to conform.

Rep. ROGERS explained the amendment.

The amendment was then adopted.

Reps. PHILLIPS and McCRAW proposed the following Amendment No. 15 (Doc Name L:\h-wm\legis\amend\SUP.31), which was tabled.

Amend the resolution, as and if amended, Section 3, Page 2, by adding an appropriately numbered item after Line 21, to read

/Adjutant General Construction/Renovation
Funds 500,000/

Renumber sections & amend totals/title to conform.

Rep. PHILLIPS explained the amendment.

Rep. ROBINSON moved to table the amendment, which was agreed to by a division vote of 29 to 19.

Reps. BAXLEY and BARBER proposed the following Amendment No. 16 (Doc Name L:\h-wm\legis\amend\SUP.050), which was rejected.

Amend the resolution, as and if amended, Section 3, Page 2, by adding an appropriately numbered item after Line 19 to read:

/( ) Department of Natural Resources

Heritage Trust                                                 $1,000,000/

Renumber sections & amend totals/title to conform.

Rep. BAXLEY explained the amendment.

The amendment was then rejected.

Reps. ROGERS, GOVAN and BYRD proposed the following Amendment No. 11 (Doc Name L:\h-wm\legis\amend\SUP.085), which was adopted.

Amend the resolution, as and if amended, Page 2, Section 3, line 20-21, by striking /Balance to the/ and inserting opposite /Higher Education Formula/ the amount /$20,000,000/

Amend further, Page 2, after line 22, by inserting

/Vocational Rehabilitation                 $950,000

Archives & History Historic

Cemetary Restoration &

Maintenance                                     $100,000/

Renumber sections & amend totals/title to conform.

Rep. ROGERS explained the amendment.

The amendment was then adopted.

Reps. BOAN and ROGERS explained the Joint Resolution.

Reps. BOAN and ROGERS explained the Joint Resolution.

The question then recurred to the passage of the Joint Resolution, on second reading, as amended.

The Joint Resolution, as amended, was then read the second time and ordered to third reading.

SPEAKER PRO TEMPORE IN CHAIR

Further proceedings were interrupted by the Joint Assembly.

JOINT ASSEMBLY

At 12:00 Noon the Senate appeared in the Hall of the House.

The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

PRESENTATION OF STATE LIFE ABILITIES AMBASSADORS

The Reading Clerk of the House read the following Concurrent Resolution:

S. 1011 -- Senators Lander, Matthews and Setzler: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 16, 1994, AS "CHILDREN WITH DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR CHILDREN WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF LIFE ABILITIES, SOUTH CAROLINA SOCIETY FOR CHILDREN AND ADULTS WITH DISABILITIES, INC., AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 16, 1994, AT WHICH TIME THE STATE LIFE ABILITIES REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

The State Life Abilities Ambassadors and distinguished party were escorted to the rostrum by Senators Greg Smith, Courtney, Matthews and Lander, and Reps. THOMAS, ALLISON, BAXLEY, NEILSON and SHISSIAS.

The President of the Senate recognized Rep. J. WILDER, who introduced the honored guests as follows:

"Lt. Governor, Mr. Speaker, Members of the Joint Assembly, ladies and gentlemen... You see we have with us today a tremendous group of servants to the public, member of the Highway Patrol, law enforcement officers, volunteers, and others. We are celebrating today our bright future together as you can tell from our lower lobby and the activities that are going on there by a rather large group of supportive organizations and if you get an opportunity, go and talk with them. It is a personal privilege again this year to represent the Joint Legislative Committee for People with Disabilities, along with all of those involved in Life Abilities of South Carolina to recognize the State Life Abilities Ambassadors and their parents, and to endorse the B.A.C. Coffee Day which this year will be Good Friday, April 1st. We kicked off the program a week ago downstairs, if you recall, with a news conference. First, I would like to recognize the members of our legislative Committee. From the Senate, Senator John Matthews, Senator Nikki Setzler, Senator James Lander and from the House, Representative Mike Baxley, Representative Robert (Bob) Walker and in the back, our Governor's appointees, Commissioner Joe Dusenbury, SC Department of Vocational Rehabilitation, Ms. Betty Easler, Executive Director SC Protection and Advocacy System for the Handicapped, Inc. Evelyn Evans is our Executive Director. This year marks the 42nd annual Buck-A-Cup. We would like to recognize a very important man to B-A-C's history who is with us, Mr. W.C. Hunter invented B-A-C button in 1952. Let's give him a hand. He has been here longer than the Speaker. He came in 1952. Under the Statewide leadership of these people, the Life Abilities B.A.C. Program raises thousands of dollars to aid our persons with disabilities. B.A.C buttons went on sale Wednesday, March 9, 1994 and last year, the B.A.C. Program raised $564,000, which, by the way, was a 6% increase over 1992 campaign. We are predicting a million dollars this year and the importance of this is that all of this money stays in South Carolina. Nothing is wrong with the Easter Seal Program, but this money stays here with our people. I want to congratulate all of you who play a part in this. I want to emphasize here that all the money collected in the B-A-C Campaign under the auspices of Life Abilities is kept in South Carolina for use by its citizens. I would like to recognize the following, Joseph D. Jones, Executive Director, Life Abilities, Edwin W. Fisher, the State Life Abilities President and in addition, working very closely and ably assisted by Captain James Braddock, SC Highway Patrol and State President, SC Law Enforcement Officer's Association. John Caudle, II, Executive Director, SC Law Enforcement Officers' Association and not with us today is Skip Condon, State President, SC Restaurant Association, but Thomas L. Sponseller, the Executive Director SC Restaurant Association is here. The people that coordinate all of the B-A-C campaigns are familiar to us from year's past, Major Larry Mixon of SC Law Enforcement Officers Association and Co-Chairmen from Restaurant Association, Mr. Harold Corley and Mr. Wilton Bagwell and all of the members of the SC Law Enforcement Officers Association and SC Restaurant Association, many of them present here today. Give them a hand. Thank you for the fine work you do every year in this endeavor. The General Assembly extends to Life Abilities and all of you dedicated supporters its sincere wishes for continued success in your many constructive and compassionate programs on behalf of persons with disabilities. Now the introduction of State Life Abilities Ambassadors and their families by their escorts. I would now like to recognize Senator Greg Smith and Representative PAULA THOMAS for our first guest."

Rep. THOMAS introduced the guest as follows:

"It is my honor today to introduce to you that beautiful little girl that I have been holding. Her name is Randall Elizabeth Ford and she has been a blessing to our church. She and her family are members of the same church that I am fortunate to go to and she has blessed all of us. She is a delight. She is the four-year-old daughter of Mr. & Mrs. Joe Ford of Pawleys Island. Randall has been diagnosed with cerebral palsy. Life Abilities has given Randall the opportunity to participate in the Georgetown HUGS program, which is a wonderful horse-back riding program for children with disabilities. And many of you know that I am a horseback rider. Randall currently attends preschool at Pawleys Island Presbyterian Preschool where she is an active, out-going young lady who illustrates a positive, can-do attitude toward life. She goes up every Sunday for our feeding of the lambs. She is quite a blessing for us and for her family."

Rep. J. WILDER recognized Senator Courtney and Rep. ALLISON to introduce our next guest. Rep. ALLISON introduced the guest as follows:

"Senator Courtney and I are very pleased today to be here to talk about Zachariah William Hopkins, a very special young man who is unable to be here today because of some sickness in his family. His Mom and Dad are Bill and Judy Hopkins of Duncan. Over the years, Life Abilities has provided Zach with a splint and a wheelchair, as well as regular visits to an orthopedic clinic. Zach is in the third grade at the S. C. School for the Deaf, Blind and Multihandicapped. He enjoys horseback riding, bowling, tennis, gymnastics, baseball and watching television. I spoke with him on the phone last night and he was watching television and he told me that he was very disappointed that he would not be able to help us make some laws today. So, we miss him, but we thank Life Abilities for what they do and have done for him."

Rep. J. WILDER recognized Rep. BAXLEY, Rep. NEILSON and Rep. HINES to introduce our next guest. Rep. NEILSON introduced the guest as follows:

"On behalf of Senator Saleeby, Representative Hines, Baxley and I, we want to welcome today Rev. and Mrs. Dan Thigpen who are from Darlington County and Mark and his little brother, Kevin. So, we want them to feel real happy here and Mike is going to tell you a little bit more about Mark."

Rep. BAXLEY introduced the guest as follows:

"Thank you. This is Mark Thigpen. Mark is five-years-old and one of the ambassadors today and we are really proud that he is from Darlington County. Mark attends Lester Elementary School and Life Abilities has been working with Mark now for about three years. He enjoys occupational therapy through them and also horseback riding. He is an outspoken young man. I think he may have a career in politics because a few minutes ago when Joe was saying that we would now like to introduce some people, Mark turned to me and said, 'Now we have to to do all that.' So, I appreciate his candor with us. Mark is a fine young man and we are pleased to have him represent Darlington County and South Carolina."

Rep. J. WILDER recognized Rep. SHISSIAS to introduce our next guest. Rep. SHISSIAS introduced the guest as follows:

"I want everyone to have the opportunity to see this handsome young man. He is from Richland County. His name is Erik Vasquez. He is student at Forest Lake Elementary School and I told Erik today that this school is dear to me as our family spent many happy years there. I spoke with Erik's teacher and I have just never heard so many wonderful, positive things about someone. He is articulate, he is fun-loving and happy all of the time. He truly treats all of his peers with the utmost respect and he is a pleasure to have around and he is liked by others because of his most loving and inclusive and fine attitude. Erik, I would love to clone you. We need more people just like you in this life. You are such a positive and wonderful person. Erik is making the most of the possibilities that have been made available to him. His next crossroad is that of being able to walk and he is making great strides and making every opportunity a positive experience to help him."

Rep. J. WILDER addressed the Joint Assembly as follows:

"That concludes this particular presentation. I would like to make a few comments. First of all, as you spread out around the State, tell people what law enforcement is doing for this program and what the Restaurant Association is doing for Life Abilities and for these children and thousands more like them. It is a very important program and I appreciate your attention here today. I would request that the members of the House and Senate stay seated because we have just a few more minutes of a program that we want to present to you. The School for the Deaf and Blind has sent to us today a group of young people that want to sing two songs. It will take about five minutes. So, these children and their supporters will exit and as soon as they have exited, the others will come in and sing for you and as you know, you have been invited to a luncheon over in the Blatt Building, Room 208 after we adjourn for lunch today. So, this is the Joint Committee for the Disabilities Day and we are going to make the most of it. Thank you very. Remain seated and they will exit."

Rep. ALLISON addressed the Joint Assembly as follows:

"Members of the General Assembly, ladies and gentlemen... It gives me a great deal of honor today to recognize many guests who are in attendance from the South Carolina School for the Deaf and the Blind. The guests include of course, Mr. Joe Finnegan, who is the Executive Director of the South Carolina School for the Deaf and Blind and members of the Board of Commissioners. Also, representatives of the School's Parent Advisory Council and representatives of the School's faculty and staff. Along with them, in attendance are representatives from the National Federation of the Blind of South Carolina. There are also representatives of the South Carolina Association for the Deaf and a number of deaf and blind individuals who utilize the School for the Deaf and Blind's Columbia Resource Center. They are all in the gallery and we would like to welcome them and have them to stand and let's say welcome and thank you. I would like to introduce, to my right, my sign language interpreter, Alton Brant, who is the principal of the School's Division for the Deaf. As most of you know, the South Carolina School for the Deaf and Blind is hosting an appreciation and awareness day for all of the members of the General Assembly today as a way of saying thank you to each one of you who continuously demonstrate your support for this agency which serves as a statewide resource for deaf and blind individuals, for their families and for the professionals who work with them. As a part of this special day, the students in the School's Food Service Training Program are serving a luncheon for all of the General Assembly. That luncheon will be in Room 208 in the Blatt Building from 11:30 until 2:00 p.m. today and you are all invited to attend. Now, I would like to introduce some very special guests from the South Carolina School for the Deaf and Blind who will perform for us today. Students, as I call your name, please raise your hand. Representing the School for the Deaf are Frankline Jones of Wadamalaw Island, LouAnne Phillips of Green Sea, Trey Sanders of Greenville, Jessica Smith of Bennettsville, and representing the School for the Blind are Sonya Bell of Chester, Leslie Brown of Chester, Katie Logan of Pacolet, Kristen Smales of Spartanburg, Nancy Vanderbrink of Spartanburg and Brandy Wood of Greer. And also representing the School, for the multihandicapped are Keith Alman of Spartanburg and Sherman Gilchrist of McCormick. Very, very good. We welcome all of you. Now, we are ready for you to perform for us."

Upon the conclusion of the presentation, the honored guests and escort party retired from the Chamber.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.

The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:40 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. ANDERSON a leave of absence.

Rep. CLYBORNE moved that the House recede until 2:15 P.M., which was adopted.

THE HOUSE RESUMES

At 2:15 P.M. the House resumed, the SPEAKER in the Chair.

H. 4633--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 45, immediate cloture having been ordered.

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.

SUBSECTION 3 OF SECTION 12--ORDER
STRICKEN FROM THE BILL
POINT OF ORDER

Rep. WAITES raised the Point of Order that H. 4633 in its present status was out of order as it was not in compliance with Section 6-27-50 which states that no section of the State Aid to Subdivisions Act may be amended or repealed except in separate legislation solely for that purpose. She further stated, citing Section 12 of the Bill and Section 12-43-210 (B) 3, that the Department of Revenue shall notify the State Treasurer in writing who shall withhold 20 percent of the distributions due to the county pursuant to Chapter 27, Title 6, the State Aid to Subdivisions Act. She further stated that the effect of the provision was to change the timing of the distribution pursuant to Section 6-27-40 at least and to potentially alter the amount of distribution. She further stated that to change the effect of Section 6-27-40 even though it was indirect was violating 6-27-50.

The SPEAKER stated that the remedy was to strike Section 12 of the Bill and he questioned why not just strike Subsection 3 since none of the other subsections of Section 12 were violative of Section 6-27-50.

Rep. WAITES stated questioned if the first and second sections could stand alone.

The SPEAKER stated that it would just remove the penalty if they stood alone. He further stated Section 12 of the Bill on page 4633-8 of the printed version dealt with the reassessment every five years of the subdivisions of counties into five groups and Section 3 of that was the penalty section which says if you don't reassess accordingly then the Aid to Subdivisions Distribution was effective and a certain amount of the money up to 20 percent was withheld. He further stated that Subsection 3 of Section 12 was violative of Section 6-27-50 and he sustained the Point of Order and ordered Subsection 3 of Section 12 stricken from the Bill.

DEBATE WAS RESUMED ON AMENDMENT NO. 45

Reps. ROBINSON, CLYBORNE and A. YOUNG proposed the following Amendment No. 45 (Doc Name L:\council\legis\amend\JIC\5667HTC.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 inserting immediately after line 38:

/In addition to any other limits on the revenue raising power, the governing body of a county may not impose an additional tax or fee or remove existing exemptions except upon a two-thirds vote of the governing body./

Amend further, SECTION 3, page 4633-4, by inserting immediately after line 23:

/In addition to any other limits on the revenue raising power, the governing body of a municipality may not impose an additional tax or fee or remove existing exemptions except upon a two-thirds vote of the governing body./

Amend further, SECTION 4, page 4633-5, by inserting immediately after line 6:

/In addition to any other limits on the revenue raising power, the governing body of a special purpose district may not impose an additional tax or fee or remove existing exemptions except upon a two-thirds vote of the governing body./

Amend further, SECTION 5, page 4633-5, by inserting immediately after line 30:

/In addition to any other limits on the revenue raising power, the governing body authorized by law to levy school taxes may not impose an additional school tax or school fee or remove existing exemptions except upon a two-thirds vote of the governing body./

Amend title to conform.

Rep. CLYBORNE spoke in favor of the amendment.

Rep. BOAN spoke against the amendment and moved to table the amendment.

Rep. CATO demanded the yeas and nays, which were taken resulting as follows:

Yeas 62; Nays 45

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Bailey, J.
Baxley                 Boan                   Breeland
Brown, G.              Brown, J.              Byrd
Canty                  Carnell                Cobb-Hunter
Cromer                 Delleney               Farr
Felder                 Gonzales               Govan
Graham                 Harrelson              Harris, J.
Harris, P.             Hines                  Hodges
Holt                   Houck                  Inabinett
Jennings               Kennedy                Keyserling
Kinon                  Littlejohn             Martin
Mattos                 McAbee                 McCraw
McElveen               McKay                  McLeod
McMahand               McTeer                 Moody-Lawrence
Neal                   Neilson                Phillips
Rhoad                  Richardson             Rogers
Rudnick                Sheheen                Spearman
Stille                 Stuart                 Townsend
Tucker                 Waites                 Whipper
White                  Wilder, D.             Wilder, J.
Wilkes                 Worley

Total--62

Those who voted in the negative are:

Allison                Bailey, G.             Baker
Barber                 Brown, H.              Cato
Chamblee               Clyborne               Cooper
Elliott                Fair                   Fulmer
Gamble                 Hallman                Harrell
Harrison               Haskins                Huff
Hutson                 Keegan                 Kelley
Kirsh                  Klauber                Koon
Lanford                Marchbanks             Meacham
Quinn                  Riser                  Robinson
Shissias               Simrill                Smith, D.
Smith, R.              Stone                  Sturkie
Trotter                Vaughn                 Waldrop
Walker                 Wilkins                Witherspoon
Wofford                Wright                 Young, A.

Total--45

So, the amendment was tabled.

Reps. GONZALES, J. BAILEY, BOAN, CLYBORNE, FELDER and ROGERS proposed the following Amendment No. 53, which was adopted.

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 inserting:

/(5) spending for capital improvements projects as follows:

(a) debt service payments

(b) lease-purchase payments for lease-purchase agreements entered into prior to July 1, 1994, and

(c) lease purchase payments for lease-purchase agreements entered into on or after July 1, 1994, which are 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 inserting:

/(5) spending for capital improvements projects as follows:

(a) debt service payments

(b) lease-purchase payments for lease-purchase agreements entered into prior to July 1, 1994, and,

(c) lease purchase payments for lease-purchase agreements entered into on or after July 1, 1994, which are 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 inserting:

/(5) spending for capital improvements projects as follows:

(a) debt service payments

(b) lease-purchase payments for lease-purchase agreements entered into prior to July 1, 1994, and,

(c) lease purchase payments for lease-purchase agreements entered into on or after July 1, 1994, which are 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 inserting:

/(5) spending for capital improvements projects as follows:

(a) debt service payments

(b) lease-purchase payments for lease-purchase agreements entered into prior to July 1, 1994, and,

(c) lease purchase payments for lease-purchase agreements entered into on or after July 1, 1994, which are 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.

The amendment was then adopted.

Rep. FAIR proposed the following Amendment No. 54 (Doc Name L:\council\legis\amend\JIC\5682HTC.94), which was tabled.

Amend the Report of the Committee on Ways and Means, as and if amended, in Section 12-37-257(C)(3)(a), as contained in SECTION 1, page 4633-2, by adding beginning on line 40 /No requirements may be imposed on a school district to receive the reimbursements provided in this subsection./

Amend title to conform.

Rep. FAIR explained the amendment.

Rep. McTEER spoke against the amendment and moved to table the amendment.

Rep. FAIR demanded the yeas and nays, which were taken resulting as follows:

Yeas 63; Nays 46

Those who voted in the affirmative are:

Alexander, M.O.        Bailey, G.             Bailey, J.
Barber                 Baxley                 Beatty
Boan                   Breeland               Brown, G.
Brown, J.              Byrd                   Canty
Carnell                Cobb-Hunter            Cromer
Delleney               Farr                   Felder
Gamble                 Gonzales               Harrelson
Harris, J.             Harris, P.             Harrison
Hines                  Hodges                 Holt
Houck                  Inabinett              Jennings
Kennedy                Keyserling             Kinon
Martin                 Mattos                 McAbee
McCraw                 McElveen               McKay
McMahand               McTeer                 Neal
Neilson                Phillips               Rhoad
Rogers                 Rudnick                Sheheen
Shissias               Snow                   Spearman
Stille                 Stuart                 Townsend
Tucker                 Waites                 Waldrop
Whipper                White                  Wilder, D.
Wilder, J.             Wilkes                 Worley

Total--63

Those who voted in the negative are:

Alexander, T.C.        Allison                Baker
Brown, H.              Cato                   Chamblee
Clyborne               Cooper                 Davenport
Elliott                Fair                   Fulmer
Graham                 Hallman                Harrell
Haskins                Huff                   Hutson
Jaskwhich              Keegan                 Kelley
Kirsh                  Klauber                Koon
Law                    Littlejohn             Marchbanks
Meacham                Moody-Lawrence         Quinn
Riser                  Robinson               Simrill
Smith, D.              Smith, R.              Stone
Sturkie                Thomas                 Trotter
Vaughn                 Walker                 Wilkins
Witherspoon            Wofford                Wright
Young, A.

Total--46

So, the amendment was tabled.

Reps. CLYBORNE, HUFF and WILKES proposed the following Amendment No. 55 (Doc Name L:\council\legis\amend\JIC\5648HTC.94), which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___.     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 percent for property tax years before 1995. For property tax year 1995 and thereafter, original cost must not be reduced below the amounts provided in the following schedule:

1995                     nineteen percent

1996                     eighteen percent

1997                     seventeen percent

1998                     sixteen percent

1999                     fifteen percent

2000                     fourteen percent

2001                     thirteen percent

2002                     twelve percent

2003                     eleven percent

After 2003             ten 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."/

Renumber sections to conform.

Amend title and totals to conform.

Rep. CLYBORNE explained the amendment.

Rep. THOMAS spoke against the amendment.

POINT OF ORDER

Rep. STILLE raised the Point of Order that Amendment No. 55 was out of order as it was not germane.

Rep. CLYBORNE stated that there had already been a ruling on an amendment earlier like this one that had been ruled germane. He further stated that the only difference was that this amendment phased it in over ten years and the other one did it at one time.

The SPEAKER stated Amendment No. 7 was the original one which allowed the depreciation of manufacturing up to 90 percent.

Rep. CLYBORNE stated the House had reconsidered and Section 6 was back in the Bill.

The SPEAKER stated that Section 6 made it germane and he overruled the Point of Order.

Rep. J. BAILEY moved to table the amendment.

Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as follows:

Yeas 55; Nays 53

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Bailey, J.
Barber                 Baxley                 Beatty
Breeland               Brown, J.              Byrd
Canty                  Carnell                Cobb-Hunter
Cooper                 Cromer                 Delleney
Elliott                Farr                   Govan
Harrelson              Harris, J.             Harris, P.
Hines                  Houck                  Inabinett
Jennings               Kennedy                Keyserling
Kinon                  Koon                   Martin
Mattos                 McAbee                 McCraw
McElveen               McMahand               McTeer
Moody-Lawrence         Neilson                Phillips
Rhoad                  Rudnick                Sheheen
Shissias               Snow                   Spearman
Stille                 Sturkie                Thomas
Townsend               Tucker                 Waites
Whipper                White                  Wilder, J.
Worley

Total--55

Those who voted in the negative are:

Allison                Askins                 Bailey, G.
Baker                  Boan                   Brown, H.
Cato                   Chamblee               Clyborne
Davenport              Fair                   Felder
Fulmer                 Gamble                 Gonzales
Graham                 Harrison               Haskins
Huff                   Hutson                 Jaskwhich
Keegan                 Kelley                 Kirsh
Klauber                Lanford                Law
Littlejohn             Marchbanks             McKay
Meacham                Quinn                  Richardson
Riser                  Robinson               Rogers
Simrill                Smith, D.              Smith, R.
Stone                  Stuart                 Trotter
Vaughn                 Waldrop                Walker
Wilder, D.             Wilkes                 Wilkins
Witherspoon            Wofford                Wright
Young, A.              Young, R.

Total--53

So, the amendment was tabled.

Rep. McABEE proposed the following Amendment No. 57 (Doc Name L:\council\legis\amend\JIC\5683HTC.94), which was tabled.

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 at the end to read:

/( )     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 county, school district, and municipality in the county, a sum equal to one dollar per capita in the affected jurisdiction for reimbursement for real property owned by the State in the affected jurisdiction./

Reletter subsections to conform.

Amend title to conform.

Rep. McABEE moved to table the amendment, which was agreed to.

Rep. KENNEDY proposed the following Amendment No. 58 (Doc Name L:\council\legis\amend\JIC\5686HTC.94), which was rejected.

Amend the bill, as and if amended, Section 2, page 3-3, by adding an appropriately numbered item after line 38 to read:

/( )     spending in an economically disadvantaged county to promote and support industrial recruitment in the county./

Renumber items to conform.

Amend title to conform.

Rep. KENNEDY explained the amendment.

The amendment was then rejected by a division vote of 46 to 48.

Rep. STURKIE proposed the following Amendment No. 59 (Doc Name L:\council\legis\amend\JIC\5685HTC.94), which was tabled.

/SECTION     1.     Chapter 36, Title 12 of the 1976 Code is amended by adding:

"Article 10
Property Tax Relief
Sales Tax Act

Section 12-36-1010.     This article may be cited as the Property Tax Relief Sales Tax Act.

Section 12-36-1020.     An additional tax equal to two and one-half percent is added to the taxes imposed pursuant to Articles 9, 13, and 17 of this chapter. For all purposes of this title, this additional tax is considered a tax levied pursuant to the South Carolina Sales and Use Tax Act. The department shall prescribe tables establishing the total amount that may be added to the sales price to reflect all tax levied pursuant to this chapter.

Section 12-36-1030.     (A)     Notwithstanding any other provision of this chapter providing for the distribution of sales, use, and casual excise tax revenues, beginning July 1, 1995, the first two billion one hundred million dollars of the revenue of the taxes imposed by this chapter in a fiscal year must be credited to a separate fund in the State Treasury entitled the Property Tax Relief Fund. Beginning with revenues credited to the fund in fiscal year 1996-97, the amount credited each year must be adjusted by a percentage equal to any consumer price index increase in the twelve months ending on December 31 of the preceding year.

(B)     The State Treasurer shall first use the proceeds of the Property Tax Relief Fund to pay the current interest and principal on general obligation bonds and lease payments on certificates of participation in lease-purchase agreements of all counties, municipalities, school districts, and special purpose or public service districts of the State outstanding as of July 1, 1995.

(C)     (1)     After deduction of amounts paid pursuant to subsection (B), the State Treasurer shall distribute the remaining revenues in the Property Tax Relief Fund quarterly as follows:

(a)     sixty-one and ninety-nine hundredths percent to school districts based on the proportion that the one hundred thirty-five day average daily membership of the district is to the State total one hundred thirty-five day average daily membership;

(b)     twenty-five and sixty-four hundredths percent to counties based on the percentage that the population in the unincorporated area of a county is of the total population in unincorporated areas in the State;

(c)     twelve and thirty-seven hundredths percent to municipalities based on the percentage that the population of the municipality is of the total municipal population in the State.

(2)     Population figures used in this subsection must be figures provided by the annual update of census data.

(D)     A county shall allocate a portion of its distribution to any special purpose or public service district in the county if the district imposed a property tax millage for tax year 1994. The allocation must be based on the percentage of the total of county and district property tax revenues for tax year 1994 represented by district property tax revenue for the same year.

(E)     Sales, use, and casual excise tax revenues not credited to the Property Tax Relief Fund must be distributed for the purposes and in the proportions applicable for the distribution of such revenues in fiscal year 1993-94.

Section 12-36-1040.     For property tax year 1995, the millage imposed by a county, municipality, school district, and special purpose or public service district is reduced by fifty percent over the millage rate imposed by the entity in the prior tax year. After 1995 and until all outstanding general obligation bonds issued by a taxing entity are repaid, no taxing entity may impose a property tax except to avoid default on general obligation bonds of the entity. When all outstanding general obligation bonds of a taxing entity in a county, including county issued bonds are repaid, no property tax may be levied by a county, municipality, school district, special purpose or public service district for any purpose and the office of county assessor and delinquent tax collector, or its equivalent, is abolished.

Section 12-36-1050.     After June 30, 1995, no general obligation bonds may be issued pledging property tax revenues for repayment and no bonds pledging any Property Tax Relief Fund revenues for repayment may be issued without the prior permission of the State Budget and Control Board."

SECTION     2.     Section 12-36-2120 of the 1976 Code, as last amended by Section 198, Act 181 of 1993, is further amended to read:

"Section 12-36-2120.     Exempted from the taxes imposed by this chapter are the gross proceeds of sales, or sales price of:

(1)     tangible personal property or receipts of any business which the State is prohibited from taxing by the Constitution or laws of the United States of America or by the Constitution or laws of this State;

(2)     tangible personal property sold to the federal government;

(3)     textbooks, magazines, and periodicals used as a part of a course of study in primary and secondary schools and institutions of higher learning, and all books, magazines, and periodicals sold to publicly supported state, county, or regional libraries which are open to the public without charge;

(4)     livestock. 'Livestock' is defined as domesticated animals customarily raised on South Carolina farms for use primarily as beasts of burden, or food, and certain mammals when raised for their pelts or fur. Animals such as dogs, cats, reptiles, fowls (except baby chicks and poults), and animals of a wild nature, are not considered livestock;

(5)     feed used for the production and maintenance of poultry and livestock;

(6)     insecticides, chemicals, fertilizers, soil conditioners, seeds, or seedlings, or nursery stock, used solely in the production for sale of farm, dairy, grove, vineyard, or garden products or in the cultivation of poultry or livestock feed;

(7)     containers and labels used in:

(a)     preparing agricultural, dairy, grove, or garden products for sale; or

(b)     preparing turpentine gum, gum spirits of turpentine, and gum resin for sale.

For purposes of this exemption, containers mean boxes, crates, bags, bagging, ties, barrels, and other containers;

(8)     newsprint paper, newspapers, and religious publications, including the Holy Bible and the South Carolina Department of Agricultures The Market Bulletin;

(9)     coal, or coke or other fuel sold to manufacturers, electric power companies, and transportation companies for:

(a)     use or consumption in the production of by-products;

(b)     the generation of heat or power used in manufacturing tangible personal property for sale. For purposes of this item, 'manufacturer' or 'manufacturing' includes the activities of a processor;

(c)     the generation of electric power or energy for use in manufacturing tangible personal property for sale; or

(d)     the generation of motive power for transportation. For the purposes of this exemption, 'manufacturer' or 'manufacturing' includes the activities of mining and quarrying;

(10)     (a)     meals or foodstuffs used in furnishing meals to school children, if the sales or use are within school buildings and are not for profit;

(b)     meals or foodstuffs provided to elderly or disabled persons at home by nonprofit organizations that receive only charitable contributions in addition to sale proceeds from the meals;

(11)     (a) toll charges for the transmission of voice or messages between telephone exchanges;

(b) charges for telegraph messages; and

(c) carrier access charges and customer access line charges established by the Federal Communications Commission or the South Carolina Public Service Commission;

(12)     water sold by public utilities, if rates and charges are of the kind determined by the Public Service Commission, or water sold by nonprofit corporations organized pursuant to Sections 33-35-10 to 33-35-170;

(13)     fuel, lubricants, and supplies for use or consumption aboard ships in intercoastal trade or foreign commerce. This exemption does not exempt or exclude from the tax the sale of materials and supplies used in fulfilling a contract for the painting, repair, or reconditioning of ships and other watercraft;

(14)     wrapping paper, wrapping twine, paper bags, and containers, used incident to the sale and delivery of tangible personal property;

(15)     gasoline or other motor vehicle fuels taxed at the same rate as gasoline, fuels used in farm machinery, farm tractors, and commercial fishing vessels, and clean alternative transportation fuels as defined in regulation by the South Carolina Department of Revenue and Taxation as defined by the State Energy Office. Gasoline used in aircraft is not exempted by this item;

(16)     farm machinery and their replacement parts and attachments, used in planting, cultivating or harvesting farm crops, including bulk coolers (farm dairy tanks) used in the production and preservation of milk on dairy farms, and machines used in the production of poultry and poultry products on poultry farms, when such products are sold in the original state of production or preparation for sale. This exemption does not include automobiles or trucks;

(17)     machines used in manufacturing, processing, compounding, mining, or quarrying tangible personal property for sale. 'Machines' include the parts of machines, attachments, and replacements used, or manufactured for use, on or in the operation of the machines and which are necessary to the operation of the machines and are customarily so used. This exemption does not include automobiles or trucks;

(18)     fuel used exclusively to cure agricultural products;

(19)     electricity used by manufacturers, miners, or quarriers to manufacture, mine, or quarry tangible personal property for sale. For purposes of this item, 'manufacturer' or 'manufacture' includes the activities of processors;

(20)     railroad cars, locomotives, and their parts, monorail cars, and the engines or motors that propel them, and their parts;

(21)     vessels and barges of more than fifty tons burden;

(22)     materials necessary to assemble missiles to be used by the Armed Forces of the United States;

(23)     farm, grove, vineyard, and garden products, if sold in the original state of production or preparation for sale, when sold by the producer or by members of the producers immediate family;

(24)     supplies and machinery used by laundries, cleaning, dyeing, or pressing establishments in the direct performance of their primary function, but not sales of supplies and machinery used by coin-operated laundromats;

(25)     motor vehicles (excluding trucks) or motorcycles, which are required to be licensed to be used on the highways, sold to a resident of another state, but who is located in South Carolina by reason of orders of the United States Armed Forces. This exemption is allowed only if, within ten days of the sale, the vendor is furnished a statement, from a commissioned officer of the Armed Forces of a higher rank than the purchaser, certifying that the buyer is a member of the Armed Forces on active duty, and a resident of another state;

(26)     all supplies, technical equipment, machinery, and electricity sold to radio and television stations, and cable television systems, for use in producing, broadcasting, or distributing programs. For the purpose of this exemption, radio stations, television stations, and cable television systems are deemed to be manufacturers;

(27)     all plants and animals sold to any publicly supported zoological park or garden or to any of its nonprofit support corporations;

(28)     medicine and prosthetic devices sold by prescription; hypodermic needles, insulin, alcohol swabs, and blood sugar testing strips sold to diabetics under the authorization and direction of a physician; and dental prosthetic devices;

(29)     Reserved;

(30)     office supplies, or other commodities, and services resold by the Division of General Services of the State Budget and Control Board to departments and agencies of the state government, if the tax was paid on the divisions original purchase;

(31)     vacation time sharing lease plans as provided by Chapter 32 of Title 27;

(32)     natural and liquefied petroleum gas and electricity used exclusively in the production of poultry, livestock, swine, and milk;

(33)     electricity, natural gas, fuel oil, kerosene, LP gas, coal, or any other combustible heating material or substance used for residential purposes. Individual sales of kerosene of twenty gallons or less by retailers are considered used for residential heating purposes;

(34)     thirty-five percent of the gross proceeds of the sale of modular homes as defined in Section 31-17-20;

(35)     motion picture film sold or rented to or by theaters;

(36)     tangible personal property where the seller, by contract of sale, is obligated to deliver to the buyer, or to an agent or donee of the buyer, at a point outside this State or to deliver it to a carrier or to the mails for transportation to the buyer, or to an agent or donee of the buyer, at a point outside this State;

(37)     petroleum asphalt products, commonly used in paving, purchased in this State, which are transported and consumed out of this State;

(38)     hearing aids, as defined by Section 40-25-20(5);

(39)     concession sales at a festival by an organization devoted exclusively to public or charitable purposes, if:

(a)     all the net proceeds are used for those purposes;

(b)     the festival is listed as a special event in the calendar of events provided by the South Carolina Department of Parks, Recreation and Tourism; and

(c)     in advance of the festival, its organizers provide the commission, on a form it prescribes, information necessary to insure compliance with this item. For purposes of this item, a 'festival' does not include a recognized state or county fair;

(40)     containers and chassis, including all parts, components, and attachments, sold to international shipping lines which have a contractual relationship with the South Carolina State Ports Authority and which are used in the import or export of goods to and from this State. The exemption allowed by this item is effective for sales after June 30, 1982;

(41)     items sold by organizations exempt under Section 12-37-220 A(3) and (4) and B(5), (6), (7), (8), (12), (16), (19), (22), and (24), if the net proceeds are used exclusively for exempt purposes and no benefit inures to any individual. An organization whose sales are exempted by this item is also exempt from the retail license tax provided in Article 5 of this chapter. The exemption allowed by this item is effective for sales after June 30, 1989;

(42)     depreciable assets, used in the operation of a business, pursuant to the sale of the business. This exemption only applies when the entire business is sold by the owner of it, pursuant to a written contract and the purchaser continues operation of the business. The exemption allowed by this item is effective for sales after June 30, 1987.

(43)     all supplies, technical equipment, machinery, and electricity sold to motion picture companies for use in filming or producing motion pictures. For the purposes of this item, 'motion picture' means any audiovisual work with a series of related images either on film, tape, or other embodiment, where the images shown in succession impart an impression of motion together with accompanying sound, if any, which is produced, adapted, or altered for exploitation as entertainment, advertising, promotional, industrial, or educational media; and a 'motion picture company' means a company generally engaged in the business of filming or producing motion pictures;

(44)     electricity used to irrigate crops;

(45)     gross proceeds from the sale of building materials, supplies, fixtures, and equipment for the construction, repair, or improvement of or that become a part of a self-contained enclosure or structure specifically designed, constructed, and used for the commercial housing of poultry or livestock.

(46)     War memorials or monuments honoring units or contingents of the Armed Forces of the United States or of the National Guard, including United States military vessels, which memorials or monuments are affixed to public property;

(2)     food which may be purchased with USDA food coupons."

SECTION     3.     Section 12-36-2110 of the 1976 Code is repealed.

SECTION     4.     This act takes effect July 1, 1995./

Amend title to conform.

Rep. STURKIE moved to table the amendment, which was agreed to.

Reps. HUFF and CLYBORNE proposed the following Amendment No. 60 (Doc Name L:\council\legis\amend\N05\7667HTC.94), which was ruled out of order.

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:

/( )     Notwithstanding the conditions precedent provided in subsection (C)(1) of this section for the exemption allowed by this section and beginning with appropriations for fiscal year 1995-96, if the exemption otherwise allowed by this section is reduced or eliminated by the operation of subsection (C)(1), then any surplus revenues available for appropriation pursuant to Section 11-11-140 are automatically appropriated for the reimbursement required pursuant to this section and this is deemed to be a nonrecurring purpose for these funds. Additionally, in fiscal years 1995-96 and 1996-97, such revenue may be appropriated to accelerate the phase-in of the one hundred percent exemption./

Renumber subsections to conform.

Amend title to conform.

Rep. HUFF was recognized.

MOTION NOTED

Rep. PHILLIPS moved to reconsider the vote whereby Amendment No. 58 was rejected and the motion was noted.

Rep. HUFF explained the amendment.

Rep. FELDER spoke against the amendment and moved to table the amendment.

Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:

Yeas 51; Nays 55

Those who voted in the affirmative are:

Alexander, M.O.        Askins                 Bailey, J.
Barber                 Boan                   Breeland
Brown, G.              Brown, H.              Brown, J.
Byrd                   Canty                  Carnell
Cobb-Hunter            Cromer                 Delleney
Elliott                Felder                 Gamble
Govan                  Harris, J.             Harris, P.
Hines                  Hodges                 Holt
Houck                  Inabinett              Jennings
Kennedy                Kinon                  McAbee
McCraw                 McElveen               McMahand
McTeer                 Phillips               Rhoad
Rogers                 Rudnick                Scott
Sheheen                Spearman               Stille
Stoddard               Stuart                 Tucker
Waites                 Waldrop                Whipper
White                  Wilder, D.             Wilkes

Total--51

Those who voted in the negative are:

Alexander, T.C.        Allison                Bailey, G.
Baker                  Baxley                 Cato
Chamblee               Clyborne               Cooper
Corning                Davenport              Fair
Farr                   Fulmer                 Gonzales
Graham                 Hallman                Harrell
Harrison               Haskins                Huff
Hutson                 Jaskwhich              Keegan
Kelley                 Kirsh                  Klauber
Koon                   Lanford                Law
Littlejohn             Marchbanks             Meacham
Moody-Lawrence         Neilson                Quinn
Richardson             Robinson               Shissias
Simrill                Smith, D.              Smith, R.
Stone                  Sturkie                Thomas
Townsend               Trotter                Vaughn
Walker                 Wilkins                Witherspoon
Wofford                Wright                 Young, A.
Young, R.

Total--55

So, the House refused to table the amendment.

POINT OF ORDER

Rep. FELDER raised the Point of Order that Amendment No. 60 was out of order as it was not germane.

The SPEAKER stated that on page 4633-3 of the Bill, it amended Section 1 by adding a subsection after line 8 but that you had to get around Section 11-11-140 Subsection D.

Rep. HUFF stated that it was non recurring purposes for this fund.

The SPEAKER that it was not the first meeting of the General Assembly following the recurrence of the surplus anyway. He further stated that it was germane but he would rule the amendment out of order in relation to Section 11-11-140, Subsection D and he ruled the amendment out of order.

Reps. GRAHAM and HUFF proposed the following Amendment No. 61 (Doc Name L:\council\legis\amend\GJK\20570SD.94), which was tabled.

Amend the bill, as and if amended, in SECTION 1(C)(1) by providing at the end:

/Of the appropriation each year required of the General Assembly in this subitem (1) to reimburse school districts for the revenue lost as a result of the applicable exemption, one-half of such appropriation must come from general fund budget reductions./

Amend title to conform.

Rep. GRAHAM explained the amendment.

Rep. BOAN spoke against the amendment and moved to table the amendment.

Rep. GRAHAM demanded the yeas and nays, which were taken resulting as follows:

Yeas 70; Nays 44

Those who voted in the affirmative are:

Alexander, M.O.        Askins                 Bailey, G.
Bailey, J.             Barber                 Baxley
Boan                   Breeland               Brown, G.
Brown, H.              Brown, J.              Byrd
Canty                  Carnell                Cobb-Hunter
Cromer                 Delleney               Elliott
Farr                   Felder                 Gamble
Govan                  Harris, J.             Harris, P.
Harwell                Hines                  Hodges
Holt                   Houck                  Inabinett
Jaskwhich              Jennings               Kennedy
Keyserling             Kinon                  Kirsh
Law                    Martin                 Mattos
McAbee                 McCraw                 McElveen
McKay                  McLeod                 McMahand
McTeer                 Moody-Lawrence         Neal
Neilson                Phillips               Rhoad
Richardson             Rogers                 Rudnick
Scott                  Sheheen                Snow
Spearman               Stuart                 Tucker
Waites                 Waldrop                Whipper
White                  Wilder, D.             Wilder, J.
Wilkes                 Wilkins                Witherspoon
Worley

Total--70

Those who voted in the negative are:

Alexander, T.C.        Allison                Baker
Beatty                 Cato                   Chamblee
Clyborne               Cooper                 Corning
Davenport              Fair                   Fulmer
Gonzales               Graham                 Hallman
Harrell                Harrison               Haskins
Huff                   Hutson                 Keegan
Kelley                 Klauber                Koon
Lanford                Littlejohn             Marchbanks
Meacham                Quinn                  Riser
Robinson               Shissias               Simrill
Smith, D.              Smith, R.              Stone
Thomas                 Townsend               Trotter
Vaughn                 Walker                 Wofford
Wright                 Young, A.

Total--44

So, the amendment was tabled.

Rep. GRAHAM proposed the following Amendment No. 63 (Doc Name L:\council\legis\amend\GJK\20571SD.94), which was tabled.

Amend the bill, as and if amended, in SECTION 1(C)(1) by providing at the end:

/It is the intention of the General Assembly that of the appropriation each year required of the General Assembly in this subitem (1) to reimburse school districts for the revenue lost as a result of the applicable exemption, one-half of such appropriation must come from general fund budget reductions./

Amend title to conform.

Rep. GRAHAM explained the amendment.

Rep. McABEE moved to table the amendment.

Rep. DAVENPORT demanded the yeas and nays, which were taken resulting as follows:

Yeas 61; Nays 54

Those who voted in the affirmative are:

Alexander, M.O.        Askins                 Bailey, G.
Bailey, J.             Barber                 Boan
Breeland               Brown, G.              Brown, H.
Brown, J.              Byrd                   Carnell
Cobb-Hunter            Cromer                 Delleney
Farr                   Felder                 Govan
Harrelson              Harris, J.             Harris, P.
Hines                  Hodges                 Holt
Houck                  Inabinett              Jennings
Kennedy                Keyserling             Law
Mattos                 McAbee                 McCraw
McElveen               McKay                  McLeod
McMahand               McTeer                 Moody-Lawrence
Neal                   Neilson                Phillips
Rhoad                  Rogers                 Rudnick
Scott                  Sheheen                Snow
Spearman               Stille                 Stoddard
Tucker                 Waites                 Waldrop
Whipper                White                  Wilder, D.
Wilder, J.             Wilkes                 Witherspoon
Worley

Total--61

Those who voted in the negative are:

Alexander, T.C.        Allison                Baker
Baxley                 Cato                   Chamblee
Clyborne               Cooper                 Corning
Davenport              Elliott                Fair
Fulmer                 Gamble                 Gonzales
Graham                 Hallman                Harrell
Harrison               Haskins                Huff
Hutson                 Jaskwhich              Keegan
Kelley                 Kinon                  Kirsh
Klauber                Koon                   Lanford
Littlejohn             Marchbanks             Meacham
Quinn                  Richardson             Riser
Robinson               Shissias               Simrill
Smith, D.              Smith, R.              Stone
Stuart                 Sturkie                Thomas
Townsend               Trotter                Vaughn
Walker                 Wilkins                Wofford
Wright                 Young, A.              Young, R.

Total--54

So, the amendment was tabled.

AMENDMENT NO. 55--RECONSIDERED AND ADOPTED

Rep. COOPER moved to reconsider the vote whereby Amendment No. 55 was tabled.

Rep. THOMAS moved to table the motion to reconsider.

Rep. CLYBORNE demanded the yeas and nays, which were taken resulting as follows:

Yeas 42; Nays 71

Those who voted in the affirmative are:

Alexander, M.O.        Bailey, J.             Baxley
Beatty                 Breeland               Brown, G.
Brown, J.              Byrd                   Canty
Carnell                Cobb-Hunter            Cromer
Delleney               Farr                   Govan
Harris, J.             Harris, P.             Hines
Keyserling             Martin                 Mattos
McAbee                 McCraw                 McElveen
McLeod                 McMahand               McTeer
Neal                   Neilson                Rhoad
Rudnick                Scott                  Sheheen
Snow                   Spearman               Stille
Stuart                 Thomas                 Tucker
Waites                 Whipper                White

Total--42

Those who voted in the negative are:

Alexander, T.C.        Allison                Askins
Bailey, G.             Baker                  Barber
Boan                   Brown, H.              Cato
Chamblee               Clyborne               Cooper
Corning                Davenport              Elliott
Fair                   Fulmer                 Gamble
Gonzales               Graham                 Hallman
Harrell                Harrison               Haskins
Holt                   Houck                  Huff
Hutson                 Inabinett              Jaskwhich
Jennings               Keegan                 Kelley
Kinon                  Kirsh                  Klauber
Koon                   Lanford                Law
Littlejohn             Marchbanks             McKay
Meacham                Moody-Lawrence         Phillips
Quinn                  Richardson             Riser
Robinson               Rogers                 Shissias
Simrill                Smith, D.              Smith, R.
Stoddard               Stone                  Sturkie
Townsend               Trotter                Vaughn
Waldrop                Walker                 Wilder, D.
Wilder, J.             Wilkes                 Wilkins
Witherspoon            Wofford                Worley
Wright                 Young, A.

Total--71

So, the House refused to table the motion to reconsider.

The question then recurred to the motion to reconsider, which was agreed to.

The question then recurred to the adoption of the amendment.

Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:

Yeas 66; Nays 41

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Askins                 Bailey, G.             Baker
Boan                   Brown, H.              Cato
Chamblee               Clyborne               Cooper
Corning                Davenport              Fair
Fulmer                 Gamble                 Gonzales
Graham                 Hallman                Harrell
Harrison               Haskins                Holt
Houck                  Huff                   Hutson
Jaskwhich              Jennings               Keegan
Kelley                 Kirsh                  Klauber
Koon                   Lanford                Law
Littlejohn             Marchbanks             McLeod
Meacham                Moody-Lawrence         Phillips
Quinn                  Richardson             Riser
Robinson               Shissias               Simrill
Smith, D.              Smith, R.              Spearman
Stoddard               Stone                  Sturkie
Trotter                Vaughn                 Waldrop
Walker                 Wilder, D.             Wilkes
Wilkins                Witherspoon            Wofford
Worley                 Wright                 Young, A.

Total--66

Those who voted in the negative are:

Bailey, J.             Baxley                 Breeland
Brown, G.              Brown, J.              Byrd
Canty                  Carnell                Cobb-Hunter
Cromer                 Delleney               Elliott
Farr                   Govan                  Harrelson
Harris, J.             Harris, P.             Hines
Inabinett              Kennedy                Keyserling
Kinon                  Martin                 McAbee
McCraw                 McElveen               McMahand
McTeer                 Neal                   Neilson
Rudnick                Scott                  Sheheen
Snow                   Stille                 Thomas
Townsend               Tucker                 Waites
Whipper                White

Total--41

So, the amendment was adopted.

AMENDMENT NO. 55--MOTION TO RECONSIDER TABLED

Rep. CLYBORNE moved to reconsider the vote whereby Amendment No. 55 was adopted.

Rep. WILKINS moved to table the motion to reconsider, which was agreed to.

Rep. GONZALES proposed the following Amendment No. 64 (Doc Name L:\council\legis\amend\DKA\3287HTC.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 lines 19 through 23 and inserting:

/United State Department of Labor. Total county spending in the prior fiscal year does not include spending pursuant to items (2)(b), 3, 4, 5, and 6 of this section. 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 for the current fiscal year does not include:/

Amend further, page 4633-3, by striking lines 28 and 29 and inserting:

/(2)(a)     spending of fee revenues generated by income-producing services first extended to customers in the current fiscal year;

(b)     spending of fee revenues generated by facilities which charge admission or rental fees;/

Amend further, SECTION 3, page 4633-4, by striking lines 4 through 7 and inserting:

/Total municipal spending in the prior fiscal year does not include spending pursuant to items (2)(b), (3), (4), (5), and (6) of this section. 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 for the current fiscal year does not include:/

Amend further, page 4633-4, by striking lines 13 and 14 and inserting:

/(2)(a)     spending of fee revenues generated by income-producing services first extended to customers in the current fiscal year;

(b)     spending of fee revenues generated by facilities which charge admission or rental fees;/

Amend further, SECTION 4, page 4633-4, by striking lines 32 through 36 and inserting:

/of Labor Statistics of the United State Department of Labor. Total district spending in the prior fiscal year does not include spending pursuant to items (2)(b), 3, 4, 5, and 6 of this section. 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 for the current fiscal year:/

Amend further, SECTION 4, page 4633-4, by striking lines 41 and 42 and inserting:

/(2)(a)     spending of fee revenues generated by income-producing services first extended to customers in the current fiscal year;

(b)     spending of fee revenues generated by facilities which charge admissions or rental fees;/

Amend further, SECTION 5, page 4633-5, by striking line 14 and inserting:

/school year. Total ad valorem tax revenue in the prior school year does not include revenues pursuant to items (2) and (3) of this section. However, the limitation on revenues imposed by this/

Amend title to conform.

Rep. GONZALES explained the amendment.

The amendment was then adopted.

AMENDMENT NO. 58--RECONSIDERED AND ADOPTED

The motion of Rep. PHILLIPS to reconsider the vote whereby Amendment No. 58 was rejected was taken up and agreed to by a division vote of 60 to 43.

Reps. RICHARDSON and GONZALES spoke against the amendment.

Rep. KENNEDY spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.

Rep. WHITE demanded the yeas and nays, which were taken resulting as follows:

Yeas 64; Nays 44

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Askins                 Bailey, G.             Barber
Baxley                 Beatty                 Boan
Breeland               Brown, G.              Brown, J.
Byrd                   Canty                  Chamblee
Cobb-Hunter            Corning                Elliott
Farr                   Felder                 Govan
Harrelson              Harris, J.             Harris, P.
Harwell                Haskins                Hines
Hodges                 Holt                   Houck
Hutson                 Inabinett              Jennings
Kennedy                Keyserling             Kinon
Littlejohn             McAbee                 McCraw
McElveen               McKay                  McMahand
McTeer                 Neal                   Phillips
Rhoad                  Rogers                 Rudnick
Scott                  Sheheen                Snow
Spearman               Thomas                 Townsend
Tucker                 Vaughn                 Waites
Waldrop                Whipper                White
Wilder, D.             Wilder, J.             Wilkes
Wilkins

Total--64

Those who voted in the negative are:

Brown, H.              Carnell                Cato
Clyborne               Cromer                 Davenport
Fair                   Fulmer                 Gamble
Gonzales               Graham                 Hallman
Harrell                Harrison               Huff
Jaskwhich              Keegan                 Kelley
Kirsh                  Klauber                Koon
Lanford                Law                    Marchbanks
Meacham                Moody-Lawrence         Quinn
Richardson             Riser                  Robinson
Shissias               Simrill                Smith, D.
Smith, R.              Stille                 Stone
Stuart                 Trotter                Walker
Witherspoon            Wofford                Wright
Young, A.              Young, R.

Total--44

So, the amendment was adopted.

Rep. RUDNICK proposed the following Amendment No. 65 (Doc Name L:\council\legis\amend\JIC\5687HTC.94), which was tabled.

Amend the Report of the Committee on Ways and Means, as and if amended, by striking /two-thirds/ and inserting /three-fifths/ on page 4633-3, line 37; on page 4633-4, line 22; and on page 4633-5, on lines 5 and 24.

Amend title to conform.

Rep. HUFF moved to table the amendment, which was agreed to by a division vote of 59 to 28.

Rep. NEAL proposed the following Amendment No. 66 (Doc Name L:\council\legis\amend\JIC\5669HTC.94), which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___.     (A)     Section 12-37-220(B) of the 1976 Code is amended by adding two appropriately numbered items to read:

"( )     an amount of the fair market value of real property qualifying as a legal residence pursuant to Section 12-43-220(C) attributable to reassessments occurring after the year the current owner acquired the property. This exemption does not apply to increases attributable to improvements. For purposes of this item, improvements do not include routine maintenance or improvements made to make more habitable an existing structure.

( )     an amount of the fair market value of not more than one hundred acres of unimproved real property owned by individuals attributable to reassessments occurring after the year the current owners acquired the property. This exemption applies only to unimproved real property which is not classified as agricultural real property and any improvements on the real property voids the exemption for the current owner for succeeding property tax years. An intrafamily transfer of less than one hundred percent of the ownership of the property does not constitute new ownership for purposes of this exemption."

(B)     This section takes effect January 1, 1995, and applies only with respect to increases in fair market attributable to countywide reassessment programs occurring after 1994./

Renumber sections to conform.

Amend title to conform.

Rep. NEAL explained the amendment.

Rep. BOAN moved to table the amendment.

Rep. NEAL demanded the yeas and nays, which were taken resulting as follows:

Yeas 60; Nays 38

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Askins                 Baker                  Baxley
Boan                   Carnell                Cato
Chamblee               Cooper                 Fair
Farr                   Felder                 Fulmer
Gamble                 Gonzales               Graham
Hallman                Harris, J.             Harris, P.
Harwell                Hodges                 Holt
Houck                  Huff                   Hutson
Jennings               Keegan                 Kelley
Kinon                  Kirsh                  Klauber
Littlejohn             Marchbanks             Martin
Mattos                 McAbee                 McCraw
McKay                  McTeer                 Meacham
Phillips               Rhoad                  Riser
Sheheen                Simrill                Smith, R.
Stoddard               Stone                  Trotter
Tucker                 Vaughn                 Waites
Waldrop                Walker                 Wilder, D.
Wilder, J.             Wright                 Young, A.

Total--60

Those who voted in the negative are:

Barber                 Beatty                 Breeland
Brown, G.              Brown, H.              Brown, J.
Byrd                   Canty                  Cobb-Hunter
Davenport              Delleney               Govan
Harrell                Harrelson              Haskins
Hines                  Inabinett              Jaskwhich
Kennedy                Keyserling             Law
McElveen               McLeod                 McMahand
Moody-Lawrence         Neal                   Neilson
Richardson             Robinson               Rudnick
Scott                  Smith, D.              Spearman
Stille                 Stuart                 Whipper
White                  Wofford

Total--38

So, the amendment was tabled.

Rep. COBB-HUNTER proposed the following Amendment No. 69 (Doc Name L:\council\legis\amend\JIC\5680HTC.94), which was rejected.

Amend the Report of the Committee on Ways and Means, as and if amended, SECTION 2, page 4633-3, after line 38, by adding an appropriately numbered item to read:

/( )     spending for economic development purposes./

Amend further, SECTION 3, page 4633-4, after line 23, by adding an appropriately numbered item to read:

/( )     spending for identifiable and directly related to industrial recruitment and job development./

Amend further, SECTION 4, page 4633-5, after line 6, by adding an appropriately numbered item to read:

/( )     spending for economic development purposes./

Renumber to conform.

Amend title to conform.

Rep. COBB-HUNTER was recognized.

MOTION NOTED

Rep. CORNING moved to reconsider the vote whereby Amendment No. 58 was adopted and the motion was noted.

Rep. COBB-HUNTER explained the amendment.

Rep. GONZALES moved to table the amendment.

Rep. COBB-HUNTER demanded the yeas and nays, which were taken resulting as follows:

Yeas 45; Nays 59

Those who voted in the affirmative are:

Allison                Brown, H.              Cato
Chamblee               Clyborne               Cooper
Fair                   Fulmer                 Gamble
Gonzales               Graham                 Harrell
Harris, P.             Harrison               Haskins
Holt                   Huff                   Hutson
Jaskwhich              Keegan                 Kelley
Kirsh                  Klauber                Koon
Littlejohn             Marchbanks             Meacham
Quinn                  Riser                  Robinson
Shissias               Simrill                Smith, D.
Smith, R.              Stille                 Stone
Townsend               Trotter                Vaughn
Walker                 Wilkins                Witherspoon
Wofford                Wright                 Young, A.

Total--45

Those who voted in the negative are:

Alexander, M.O.        Askins                 Barber
Baxley                 Beatty                 Boan
Breeland               Brown, G.              Brown, J.
Byrd                   Canty                  Carnell
Cobb-Hunter            Corning                Cromer
Davenport              Elliott                Farr
Felder                 Govan                  Harrelson
Harris, J.             Harwell                Hines
Houck                  Inabinett              Jennings
Kennedy                Keyserling             Kinon
Martin                 Mattos                 McAbee
McCraw                 McElveen               McKay
McLeod                 McMahand               McTeer
Moody-Lawrence         Neal                   Neilson
Phillips               Richardson             Rogers
Rudnick                Scott                  Sheheen
Spearman               Stoddard               Stuart
Thomas                 Tucker                 Waites
Whipper                White                  Wilder, J.
Wilkes                 Worley

Total--59

So, the House refused to table the amendment.

Rep. GONZALES spoke against the amendment.

LEAVES OF ABSENCE

The SPEAKER granted Reps. CANTY and McMAHAND a leave of absence for the remainder of the day.

Rep. COBB-HUNTER spoke in favor of the amendment.

Rep. HASKINS spoke against the amendment.

Rep. CLYBORNE moved to table the amendment.

POINT OF ORDER

Rep. GAMBLE raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.

The question then recurred to the adoption of the amendment.

Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as follows:

Yeas 54; Nays 56

Those who voted in the affirmative are:

Alexander, T.C.        Askins                 Bailey, G.
Bailey, J.             Baxley                 Beatty
Boan                   Breeland               Brown, G.
Byrd                   Carnell                Cobb-Hunter
Delleney               Elliott                Farr
Felder                 Govan                  Harrelson
Harris, J.             Harris, P.             Hines
Hodges                 Houck                  Inabinett
Jennings               Kennedy                Keyserling
Martin                 McAbee                 McCraw
McElveen               McLeod                 McMahand
McTeer                 Moody-Lawrence         Neal
Neilson                Phillips               Rhoad
Richardson             Rudnick                Sheheen
Snow                   Spearman               Stille
Stoddard               Thomas                 Tucker
Waites                 Walker                 Whipper
White                  Wilder, J.             Wilkes

Total--54

Those who voted in the negative are:

Allison                Baker                  Barber
Brown, H.              Cato                   Chamblee
Clyborne               Cooper                 Corning
Cromer                 Davenport              Fair
Fulmer                 Gamble                 Gonzales
Graham                 Hallman                Harrell
Harrison               Haskins                Holt
Huff                   Hutson                 Jaskwhich
Keegan                 Kelley                 Kirsh
Klauber                Koon                   Lanford
Law                    Littlejohn             Marchbanks
Mattos                 McKay                  Meacham
Quinn                  Riser                  Robinson
Shissias               Simrill                Smith, D.
Smith, R.              Stone                  Stuart
Townsend               Trotter                Vaughn
Waldrop                Wilder, D.             Wilkins
Witherspoon            Wofford                Worley
Wright                 Young, A.

Total--56

So, the amendment was rejected.

Reps. KOON, TROTTER and STURKIE proposed the following Amendment No. 71 (Doc Name L:\council\legis\amend\JIC\5803HTC.94), which was ruled out of order.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION     1.     Chapter 36, Title 12 of the 1976 Code is amended by adding:

"Article 10
Property Tax Relief
Sales Tax Act

Section 12-36-1010.     This article may be cited as the Property Tax Relief Sales Tax Act.

Section 12-36-1020.     An additional tax equal to three and one-half percent is added to the taxes imposed pursuant to Articles 9, 13, and 17 of this chapter. For all purposes of this title, this additional tax is considered a tax levied pursuant to the South Carolina Sales and Use Tax Act. The department shall prescribe tables establishing the total amount that may be added to the sales price to reflect all tax levied pursuant to this chapter.

Section 12-36-1030.     (A)     Notwithstanding any other provision of this chapter providing for the distribution of sales, use, and casual excise tax revenues, beginning July 1, 1995, the first two billion one hundred million dollars of the revenue of the taxes imposed by this chapter in a fiscal year must be credited to a separate fund in the State Treasury entitled the Property Tax Relief Fund. Beginning with revenues credited to the fund in fiscal year 1996-97, the amount credited each year must be adjusted by a percentage equal to any consumer price index increase in the twelve months ending on December 31 of the preceding year.

(B)     The State Treasurer shall first use the proceeds of the Property Tax Relief Fund to pay the current interest and principal on general obligation bonds and lease payments on certificates of participation in lease-purchase agreements of all counties, municipalities, school districts, and special purpose or public service districts of the State outstanding as of July 1, 1995.

(C)     (1)     After deduction of amounts paid pursuant to subsection (B), the State Treasurer shall distribute the remaining revenues in the Property Tax Relief Fund quarterly as follows:

(a)     sixty-one and ninety-nine hundredths percent to school districts based on the proportion that the one hundred thirty-five day average daily membership of the district is to the State total one hundred thirty-five day average daily membership;

(b)     twenty-five and sixty-four hundredths percent to counties based on the percentage that the population in the unincorporated area of a county is of the total population in unincorporated areas in the State;

(c)     twelve and thirty-seven hundredths percent to municipalities based on the percentage that the population of the municipality is of the total municipal population in the State.

(2)     Population figures used in this subsection must be figures provided by the annual update of census data.

(3)     Notwithstanding the distribution provisions of this subsection, a county, municipality, school district, special purpose district or public service district shall receive each year from the Property Tax Relief Fund an amount not less than the entity's ad valorem tax revenues for property tax year 1994. Distributions to other entities must be reduced on a proportionate basis in order to meet this minimum.

(D)     A county shall allocate a portion of its distribution to any special purpose or public service district in the county if the district imposed a property tax millage for tax year 1994. The allocation must be based on the percentage of the total of county and district property tax revenues for tax year 1994 represented by district property tax revenue for the same year.

(E)     Sales, use, and casual excise tax revenues not credited to the Property Tax Relief Fund must be distributed for the purposes and in the proportions applicable for the distribution of such revenues in fiscal year 1993-94.

(F)     Any funds remaining in the Property Tax Relief Fund in any year after the required distributions to counties and municipalities as provided herein and after any other required distributions shall be deposited to the credit of the Education Improvement Act of 1984 Fund.

Section 12-36-1040.     For property tax year 1995, the millage imposed by a county, municipality, school district, and special purpose or public service district is reduced by fifty percent over the millage rate imposed by the entity in the prior tax year. After 1995 and until all outstanding general obligation bonds issued by a taxing entity are repaid, no taxing entity may impose a property tax except to avoid default on general obligation bonds of the entity. When all outstanding general obligation bonds of a taxing entity in a county, including county issued bonds are repaid, no property tax may be levied by a county, municipality, school district, special purpose or public service district for any purpose and the office of county assessor and delinquent tax collector, or its equivalent, is abolished.

Section 12-36-1050.     After June 30, 1995, no general obligation bonds may be issued pledging property tax revenues for repayment and no bonds pledging any Property Tax Relief Fund revenues for repayment may be issued without the prior permission of the State Budget and Control Board."

SECTION     2.     Section 12-36-2120 of the 1976 Code, as last amended by an Act of 1994 bearing Ratification Number R.296, is further amended to read:

"Section 12-36-2120.     Exempted from the taxes imposed by this chapter are the gross proceeds of sales, or sales price of:

(1)     tangible personal property or receipts of any business which the State is prohibited from taxing by the Constitution or laws of the United States of America or by the Constitution or laws of this State;

(2)     tangible personal property sold to the federal government;

(3)     textbooks, magazines, and periodicals used as a part of a course of study in primary and secondary schools and institutions of higher learning, and all books, magazines, and periodicals sold to publicly supported state, county, or regional libraries which are open to the public without charge;

(4)(2)     livestock. 'Livestock' is defined as domesticated animals customarily raised on South Carolina farms for use primarily as beasts of burden, or food, and certain mammals when raised for their pelts or fur. Animals such as dogs, cats, reptiles, fowls (except baby chicks and poults), and animals of a wild nature, are not considered livestock;

(5)(3)     feed used for the production and maintenance of poultry and livestock;

(6)(4)     insecticides, chemicals, fertilizers, soil conditioners, seeds, or seedlings, or nursery stock, used solely in the production for sale of farm, dairy, grove, vineyard, or garden products or in the cultivation of poultry or livestock feed;

(7)(5)     containers and labels used in:

(a)     preparing agricultural, dairy, grove, or garden products for sale; or

(b)     preparing turpentine gum, gum spirits of turpentine, and gum resin for sale.

For purposes of this exemption, containers mean boxes, crates, bags, bagging, ties, barrels, and other containers;

(8)     newsprint paper, newspapers, and religious publications, including the Holy Bible and the South Carolina Department of Agricultures The Market Bulletin;

(9)     coal, or coke or other fuel sold to manufacturers, electric power companies, and transportation companies for:

(a)     use or consumption in the production of by-products;

(b)     the generation of heat or power used in manufacturing tangible personal property for sale. For purposes of this item, 'manufacturer' or 'manufacturing' includes the activities of a processor;

(c)     the generation of electric power or energy for use in manufacturing tangible personal property for sale; or

(d)     the generation of motive power for transportation. For the purposes of this exemption, 'manufacturer' or 'manufacturing' includes the activities of mining and quarrying;

(10)(6)     (a)     meals or foodstuffs used in furnishing meals to school children, if the sales or use are within school buildings and are not for profit;

(b)     meals or foodstuffs provided to elderly or disabled persons at home by nonprofit organizations that receive only charitable contributions in addition to sale proceeds from the meals;

(11)     (a) toll charges for the transmission of voice or messages between telephone exchanges;

(b) charges for telegraph messages; and

(c) carrier access charges and customer access line charges established by the Federal Communications Commission or the South Carolina Public Service Commission;

(12)     water sold by public utilities, if rates and charges are of the kind determined by the Public Service Commission, or water sold by nonprofit corporations organized pursuant to Sections 33-35-10 to 33-35-170;

(13)     fuel, lubricants, and supplies for use or consumption aboard ships in intercoastal trade or foreign commerce. This exemption does not exempt or exclude from the tax the sale of materials and supplies used in fulfilling a contract for the painting, repair, or reconditioning of ships and other watercraft;

(14)     wrapping paper, wrapping twine, paper bags, and containers, used incident to the sale and delivery of tangible personal property;

(15)(7)     gasoline or other motor vehicle fuels taxed at the same rate as gasoline, fuels used in farm machinery, farm tractors, and commercial fishing vessels, and clean alternative transportation fuels as defined in regulation by the South Carolina Department of Revenue and Taxation as defined by the State Energy Office. Gasoline used in aircraft is not exempted by this item;

(16)(8)     farm machinery and their replacement parts and attachments, used in planting, cultivating or harvesting farm crops, including bulk coolers (farm dairy tanks) used in the production and preservation of milk on dairy farms, and machines used in the production of poultry and poultry products on poultry farms, when such products are sold in the original state of production or preparation for sale. This exemption does not include automobiles or trucks;

(17)     machines used in manufacturing, processing, compounding, mining, or quarrying tangible personal property for sale. 'Machines' include the parts of machines, attachments, and replacements used, or manufactured for use, on or in the operation of the machines and which are necessary to the operation of the machines and are customarily so used. This exemption does not include automobiles or trucks;

(18)(9)     fuel used exclusively to cure agricultural products;

(19)     electricity used by manufacturers, miners, or quarriers to manufacture, mine, or quarry tangible personal property for sale. For purposes of this item, 'manufacturer' or 'manufacture' includes the activities of processors;

(20)     railroad cars, locomotives, and their parts, monorail cars, and the engines or motors that propel them, and their parts;

(21)     vessels and barges of more than fifty tons burden;

(22)     materials necessary to assemble missiles to be used by the Armed Forces of the United States;

(23)(10)     farm, grove, vineyard, and garden products, if sold in the original state of production or preparation for sale, when sold by the producer or by members of the producers immediate family;

(24)     supplies and machinery used by laundries, cleaning, dyeing, or pressing establishments in the direct performance of their primary function, but not sales of supplies and machinery used by coin-operated laundromats;

(25)     motor vehicles (excluding trucks) or motorcycles, which are required to be licensed to be used on the highways, sold to a resident of another state, but who is located in South Carolina by reason of orders of the United States Armed Forces. This exemption is allowed only if, within ten days of the sale, the vendor is furnished a statement, from a commissioned officer of the Armed Forces of a higher rank than the purchaser, certifying that the buyer is a member of the Armed Forces on active duty, and a resident of another state;

(26)     all supplies, technical equipment, machinery, and electricity sold to radio and television stations, and cable television systems, for use in producing, broadcasting, or distributing programs. For the purpose of this exemption, radio stations, television stations, and cable television systems are deemed to be manufacturers;

(27)     all plants and animals sold to any publicly supported zoological park or garden or to any of its nonprofit support corporations;

(28)(11)     medicine and prosthetic devices sold by prescription; hypodermic needles, insulin, alcohol swabs, and blood sugar testing strips sold to diabetics under the authorization and direction of a physician; and dental prosthetic devices;

(29)(12)     Reserved; food which may be purchased lawfully with United States Department of Agriculture food stamps;

(30)     office supplies, or other commodities, and services resold by the Division of General Services of the State Budget and Control Board to departments and agencies of the state government, if the tax was paid on the divisions original purchase;

(31)     vacation time sharing lease plans as provided by Chapter 32 of Title 27;

(32)(13)     natural and liquefied petroleum gas and electricity used exclusively in the production of poultry, livestock, swine, and milk;

(33)     electricity, natural gas, fuel oil, kerosene, LP gas, coal, or any other combustible heating material or substance used for residential purposes. Individual sales of kerosene of twenty gallons or less by retailers are considered used for residential heating purposes;

(34)     thirty-five percent of the gross proceeds of the sale of modular homes as defined in Section 31-17-20;

(35)     motion picture film sold or rented to or by theaters;

(36)     tangible personal property where the seller, by contract of sale, is obligated to deliver to the buyer, or to an agent or donee of the buyer, at a point outside this State or to deliver it to a carrier or to the mails for transportation to the buyer, or to an agent or donee of the buyer, at a point outside this State;

(37)     petroleum asphalt products, commonly used in paving, purchased in this State, which are transported and consumed out of this State;

(38)     hearing aids, as defined by Section 40-25-20(5);

(39)     concession sales at a festival by an organization devoted exclusively to public or charitable purposes, if:

(a)     all the net proceeds are used for those purposes;

(b)     the festival is listed as a special event in the calendar of events provided by the South Carolina Department of Parks, Recreation and Tourism; and

(c)     in advance of the festival, its organizers provide the commission, on a form it prescribes, information necessary to insure compliance with this item. For purposes of this item, a 'festival' does not include a recognized state or county fair;

(40)     containers and chassis, including all parts, components, and attachments, sold to international shipping lines which have a contractual relationship with the South Carolina State Ports Authority and which are used in the import or export of goods to and from this State. The exemption allowed by this item is effective for sales after June 30, 1982;

(41)     items sold by organizations exempt under Section 12-37-220 A(3) and (4) and B(5), (6), (7), (8), (12), (16), (19), (22), and (24), if the net proceeds are used exclusively for exempt purposes and no benefit inures to any individual. An organization whose sales are exempted by this item is also exempt from the retail license tax provided in Article 5 of this chapter. The exemption allowed by this item is effective for sales after June 30, 1989;

(42)     depreciable assets, used in the operation of a business, pursuant to the sale of the business. This exemption only applies when the entire business is sold by the owner of it, pursuant to a written contract and the purchaser continues operation of the business. The exemption allowed by this item is effective for sales after June 30, 1987.

(43)     all supplies, technical equipment, machinery, and electricity sold to motion picture companies for use in filming or producing motion pictures. For the purposes of this item, 'motion picture' means any audiovisual work with a series of related images either on film, tape, or other embodiment, where the images shown in succession impart an impression of motion together with accompanying sound, if any, which is produced, adapted, or altered for exploitation as entertainment, advertising, promotional, industrial, or educational media; and a 'motion picture company' means a company generally engaged in the business of filming or producing motion pictures;

(44)(14)     electricity used to irrigate crops;

(45)(15)     gross proceeds from the sale of building materials, supplies, fixtures, and equipment for the construction, repair, or improvement of or that become a part of a self-contained enclosure or structure specifically designed, constructed, and used for the commercial housing of poultry or livestock.

(46)     War memorials or monuments honoring units or contingents of the Armed Forces of the United States or of the National Guard, including United States military vessels, which memorials or monuments are affixed to public property;

(47)     tangible personal property sold to charitable hospitals predominantly serving children exempt under Section 12-37-220, where care is provided without charge to the patient."

SECTION     3.     Section 12-36-2110 of the 1976 Code, as added by Section 3, Part III, Act 449 of 1992, is amended to read:

"Section 12-36-2110.     (A)     The maximum tax imposed by this chapter is three hundred dollars for each sale made after June 30, 1984, or lease executed after August 1, 1985, of each:

(1)     aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;

(2)     motor vehicle;

(3)     motorcycle;

(4)     boat;

(5) (2)     trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;    

(3)     commercial vehicles with a manufacturer's gross weight rating in excess of ten thousand pounds.

(6)     recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or

(7)     self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower.

In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals three hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days.

(B) For the sale of a manufactured home, as defined in Section 40-29-20, the tax is calculated as follows:

(1) subtract trade-in allowance from the sales price;

(2) multiply the result from (1) by sixty-five percent;

() if the result from (2) is no greater than six thousand dollars, multiply by five percent for the amount of tax due;

(4) if the result from (2) is greater than six thousand dollars, the tax due is three hundred dollars plus two percent of the amount greater than six thousand dollars.

However, a manufactured home that has not been previously occupied as a dwelling is exempt from any tax that may be due above three hundred dollars as a result of the calculation in subitem (4) if it meets these energy efficiency standards: storm or double pane glass windows, insulated or storm doors, an actual installed insulation value of R-11 for walls and R-19 for floors, and R-0 for ceilings. The dealer selling the manufactured home must maintain records, on forms provided by the State Energy Office, on each manufactured home sold which contains the above calculations and verifying whether or not the manufactured home met the energy efficiency standards above. These records must be maintained for three years and must be made available for inspection upon request of the Department of Consumer Affairs or the State Energy Office.

Notwithstanding the rates of tax imposed by this chapter, a rate of four and one-half percent is imposed on the sale or lease of motor vehicles and motorcycles and on the sale or lease of each:

(1)     boat;

(2)     recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel;

(3)     self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower;

(4)     manufactured home,

(5)     musical instrument, or

(6)     item of machinery for research and development.

In the case of a lease of an item subject to the tax limit imposed by this subsection, the total tax rate required by law applies on each payment. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease.

(C) For the sale of each musical instrument, or each piece of office equipment, purchased by a religious organization exempt under Internal Revenue Code Section 501(c)(3), the maximum tax imposed by this chapter is three hundred dollars. The musical instrument or office equipment must be located on church property and used exclusively for the organizations exempt purpose. The religious organization must furnish to the seller an affidavit on forms prescribed by the commission. The affidavit must be retained by the seller.

(D) The maximum tax levied pursuant to this chapter on the sale or use of each item of machinery for research and development is three hundred dollars. As used in this subsection, "machinery for research and development" means machinery used directly and exclusively in research and development in the experimental or laboratory sense for new products, new uses for existing products, or for improving existing products. To be eligible for the limitation imposed by this subsection, the machinery must be located in a separate facility devoted exclusively to research and development as defined in this subsection. The limitation does not extend to machinery used in connection with efficiency surveys, management studies, consumer surveys, economic surveys, advertising, promotion, or research in connection with literary, historical, or similar projects."

SECTION     4.     Chapter 10 of Title 4, Chapter 27 of Title 6, Sections 4-29-67 through 4-29-80, and Sections 12-37-250 through 12-37-295 of the 1976 Code are repealed.

SECTION     5.     (1)     Any funds held by a county or municipality on the date of the repeal of the local option sales tax as provided in Section 4 of this act must continue to be used for those purposes provided by Chapter 10 of Title 4 of the 1976 Code before its repeal.

(2)     Any fee in lieu of tax agreement executed before the effective date of the repeal of Section 4-29-67 of the 1976 Code shall continue in full force and effect, and payments required to be made thereunder must continue to be made and must also continue to provide revenue for the payment of any special source revenue bonds issued before the effective date of the repeal of Section 4-29-68 of the 1976 Code. From Property Tax Relief Fund distributions, the county treasurer shall refund the amount of the fee in lieu of taxes to the fee payor and shall allocate the refund amount proportionately among those entities receiving a share of the fee in lieu payment.

(3)     The General Assembly declares that the purpose of this act is to eliminate the need for state aid to local subdivisions through the repeal of ad valorem taxation and the replacement of the revenue lost through other means and as such is separate legislation for this sole purpose within the meaning of Section 6-27-50 of the 1976 Code.

SECTION     6.     This act takes effect July 1, 1995./

Amend title to conform.

POINT OF ORDER

Rep. GONZALES raised the Point of Order that Amendment No. 71 was out of order as it was dated March 16, 1994, and was not the previous amendment that was on the desk when cloture was ordered.

The SPEAKER stated that if the previous amendment that was on the desk when cloture was ordered could be retrieved, then he would allow it to be considered, but that the amendment up now was dated March 16, 1994 and was not on the desk when cloture was ordered and he sustained the Point of Order and ruled Amendment No. 71 dated March 16, 1994 out of order.

AMENDMENT NO. 58--MOTION TO RECONSIDER TABLED

The motion of Rep. CORNING to reconsider the vote whereby Amendment No. 58 was adopted was taken up.

Rep. JENNINGS moved to table the motion to reconsider, which was agreed to by a division vote of 53 to 50.

Reps. CLYBORNE, CROMER, STUART, H. BROWN, WALKER, KELLEY, HARRISON, BAKER, HARRELL, TOWNSEND, COOPER, BARBER, LAW, THOMAS, HUTSON, D. SMITH, A. YOUNG, VAUGHN, G. BAILEY, RISER, ROGERS, RICHARDSON, GAMBLE, WILKINS, WITHERSPOON, KLAUBER, HUFF, KEEGAN, R. SMITH, WOFFORD, STONE, CATO, MEACHAM and KOON proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\JIC\5549HC.94), which was tabled.

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 inserting immediately after line 8:

/(E)     Notwithstanding any other provision of law, projected revenue growth for a fiscal year must first be used to provide additional amounts necessary to fund the reimbursements required pursuant to this section."/

Amend title to conform.

Rep. CLYBORNE moved to table the amendment, which was agreed to.

AMENDMENT NO. 7--TABLED

Debate was resumed on Amendment No. 7, which was proposed on Wednesday, March 2, by Reps. CLYBORNE, et al.

Rep. CLYBORNE moved to table the amendment, which was agreed to.

Rep. CLYBORNE proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\N05\7626TC.94), which was ruled out of order.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION     __.     Article 1, Chapter 11, Title 11 of the 1976 Code is amended by adding:

"Section 11-11-150.     In addition to all other limitations on spending and beginning with state government spending for fiscal year 1994-95, total spending by the state government in a fiscal year may not exceed total state 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 the state government for purposes of this limitation is the total of all state government spending in a fiscal year from all sources of funds and for all purposes, but total state government spending does not include:

(1)     spending of amounts attributable to revenue growth;

(2)     spending derived from federal sources;

(3)     spending for debt service and lease purchase payments;

(4)     spending to offset a prior year deficit; and

(5)     spending approved by the qualified electors of the state voting in a referendum held for this purpose."/

Renumber sections to conform.

Amend title to conform.

Rep. CLYBORNE explained the amendment.

POINT OF ORDER

Rep. TUCKER raised the Point of Order that Amendment No. 8 was out of order as it was not germane.

Rep. CLYBORNE argued contra the Point in stating that it was an appropriation by the state of South Carolina and was funding through the Aid to Subdivisions and was clearly germane.

Rep. McELVEEN stated that under Article X, Section 7, the General Assembly was already prohibited from exceeding the average growth rate of the economy in the State.

The SPEAKER stated that he could not rule it out of order on a constitutional basis of a more restrictive requirement of the Constitution, but he could rule out one that was more liberal. He further stated that the Constitution did not prohibit the General Assembly from enacting a more restrict requirement.

Rep. GONZALES stated that the whole thrust of the Bill was spending caps for government whether local or state government and the amendment was germane to the intent and purposes of the thrust of the Bill.

Rep. BOAN stated that the purpose of the Bill was not to limit spending but it was property tax relief. He further stated that it was not germane to the title of the Bill.

Rep. HODGES stated, citing Rule 9.3, that no motion or proposition on a subject different from that under consideration shall be admitted unless it refers to the intent of the motion or proposition. He further stated that clearly the intent of the amendment related to limitations on local government spending and this extended it far beyond the original matter under consideration.

Rep. QUINN stated that the intent of the Bill was property taxes but it also was to pass on state funding for local issues and had an impact on this Bill.

Rep. HASKINS stated that the original intent of the Bill was property tax relief but Rule 9.3 specifically said that the amendment would be out of order unless it refers to the intent of the motion or proposition under consideration and the original Bill has been amended so that the intent was to impose spending limits on government and therefore, the amendment was in order because it directly related to the intent of the Bill under consideration at this time.

Rep. GONZALES stated that although the General Assembly does not currently by statute levy a property tax, they in fact are authorized to levy statewide a property tax constitutionally and this would act as a cap on a property tax levied by the State just as it does at the local level.

Rep. CLYBORNE stated that it was clearly germane because the entire property tax proposal was going to ultimately make its way back to the local level through the vehicle of a homestead exemption.

Rep. HASKINS stated that Sections 2, 3 and 4 of the original Bill were specifically dealing with limiting spending and that they did not refer to property taxes.

The SPEAKER stated that there was nothing in the Bill, in the original version or the amended version, that dealt with spending caps on state government and he sustained the Point of Order and ruled the amendment out of order.

Rep. DAVENPORT proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\JIC\5571HC.94), which was ruled out of order.

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 inserting immediately after line 8:

/(E)     Notwithstanding any other provision of law, projected revenue growth for a fiscal year must first be used to provide additional amounts necessary to fund the reimbursements required pursuant to this section."/

Amend title to conform.

RULED OUT OF ORDER

The SPEAKER ruled Amendment No. 12 out of order as it was identical to a previous amendment, Amendment No. 3.

Rep. GONZALES proposed the following Amendment No. 21, which was tabled.

Amend the Report of the Committee on Ways and Means, as and if amended, SECTION 2, page 4633-3, line 27, by striking /not previously taxed/ and inserting /not taxed prior to tax year 1994/.

Amend further, SECTION 3, page 4633-4, beginning on line 11, by striking /not previously taxed/ and inserting /not taxed prior to tax year 1994/.

Amend further, SECTION 4, page 4633-4, line 40, by striking /not previously taxed/ and inserting /not taxed prior to tax year 1994/.

Amend further, SECTION 5, page 4633-5, line 19, by striking /not previously taxed/ and inserting /not taxed prior to tax year 1994/.

Amend title to conform.

Rep. GONZALES moved to table the amendment, which was agreed to.

Rep. GONZALES proposed the following Amendment No. 22, which was tabled.

Amend the Report of the Committee on Ways and Means, as and if amended, SECTION 2, page 4633-3, beginning on line 28, by striking /(2) spending of fee revenues generated by income-producing services first extended to customers in the current fiscal year;/ and inserting:

/(2) spending of net fee revenues generated by income producing services or facilities in excess of the net fee revenues generated by the same services and facilities, if any, prior to fiscal year 1994-1995;/

Amend further, SECTION 3, page 4633-3, beginning on line 13, by striking /(2) spending of fee revenues generated by income-producing services first extended to customers in the current fiscal year;/ and inserting:

/(2) spending of net fee revenues generated by income producing services or facilities in excess of the net fee revenues generated by the same services and facilities, if any, prior to fiscal year 1994-1995;/

Amend further, SECTION 4, page 4633-3, beginning on line 41, by striking /(2) spending of fee revenues generated by income-producing services first extended to customers in the current fiscal year;/ and inserting:

/(2) spending of net fee revenues generated by income producing services or facilities in excess of the net fee revenues generated by the same services and facilities, if any, prior to fiscal year 1994-1995;/

Amend title to conform.

Rep. GONZALES moved to table the amendment, which was agreed to.

AMENDMENT NO. 24--TABLED

Debate was resumed on Amendment No. 24, which was proposed on Wednesday, March 2, by Rep. GONZALES.

Rep. GONZALES moved to table the amendment, which was agreed to.

Rep. GONZALES proposed the following Amendment No. 27, which was tabled.

Amend the Report of the Committee on Ways and Means, as and if amended, SECTION 2, page 4633-3, beginning on line 24, by striking item (1) and inserting:

/     (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:

(a) the greater of:

(i) the assessed value of new construction and improvements to existing property not taxed prior to tax year 1994, or

(ii) the assessed value of property in the county for tax year 1993, multiplied by the growth in the county's population since the end of tax year 1993, divided by the county's population at the end of tax year 1993, together with

(b) net growth in the assessed value of property in the county due to changes in the county boundaries occurring after the end of tax year 1993;/

Amend further, SECTION 3, page 4633-4, beginning on line 8, by striking item (1) and inserting:

/     (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

(a) the greater of:

(i) the assessed value of new construction and improvements to existing property not taxed prior to tax year 1994, or

(ii) the assessed value of property in the municipality for tax year 1993, multiplied by the growth in the municipality's population since the end of tax year 1993, divided by the municipality's population at the end of tax year 1993, together with

(b) net growth in the assessed value of property in the municipality due to changes in the municipality boundaries occurring after the end of tax year 1993;/

Amend further, SECTION 4, page 4633-4, beginning on line 37, by striking item (1) and inserting:

/     (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

(a) the greater of:

(i) the assessed value of new construction and improvements to existing property not taxed prior to tax year 1994, or

(ii) the assessed value of property in the district for tax year 1993, multiplied by the growth in the district's population since the end of tax year 1993, divided by the district's population at the end of tax year 1993, together with

(b) net growth in the assessed value of property in the district due to changes in the district boundaries occurring after the end of tax year 1993;/

Amend further, SECTION 5, page 4633-5, beginning on line 16, by striking item (1) and inserting:

/     (1) ad valorem tax revenues in an amount not exceeding the amount represented by applying the school district's tax millage for the most recently completed property tax year to:

(a) the greater of:

(i) the assessed value of new construction and improvements to existing property not taxed prior to tax year 1994, or

(ii) the assessed value of property in the school district for tax year 1993, multiplied by the growth in the school district's average daily attendance as compared to school year 1993-1994, divided by the school district's average daily attendance in school year 1993-1994, together with

(b) net growth in the assessed value of property in the district due to changes in the school district boundaries occurring after the end of tax year 1993;/

Amend title to conform.

Rep. GONZALES moved to table the amendment, which was agreed to.

Rep. GONZALES proposed the following Amendment No. 28, which was tabled.

Amend the Report of the Committee on Ways and Means, as and if amended, by inserting an appropriately numbered SECTION to read:

/SECTION_____. Article 1, Chapter 11, Title 11 of the 1976 Code is amended by adding:

"Section 11-11-150. In addition to all other limitations on spending and beginning with state government spending for fiscal year 1994-1995, total spending by the state government in a fiscal year may not exceed total state 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 the state government for purposes of this limitation is the total of all state government spending in a fiscal year from all sources of funds and for all purposes, but total state government spending does not include:

(1)     spending of amounts attributable to revenue growth;

(2)     spending of net fee revenues generated by income producing services or facilities in excess of the net fee revenues generated by the same services and facilities, if any, prior to fiscal year 1994-1995;

(3)     spending of funds from federal or private sources or not otherwise derived from state taxes or fees;

(4)     a capital expenditure financed without borrowing using funds derived from any source other than state taxes or fees;

(5)     spending for debt service and lease-purchase payments for

(a) 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 each house of the General Assembly;

(6) spending to offset a prior year deficit;

(7) amounts placed in a reserve funds required by the state constitution or by state statute; provided, however, that any expenditure from funds contained in such a reserve funds shall be subject to the same restrictions as any other spending under the provisions of this section;

(8) spending necessary to comply with federal legislative, administrative, or judicial mandates requiring the expenditure of funds or the use of state personnel, facilities, or equipment;

(9)     spending approved by at least a two-thirds vote of each house of the General Assembly or by a majority of the registered voters of the state voting in a referendum held for that purpose, with such approval to be subject to the following provisions:

(a) any such referendum for approval of additional spending may be initiated by the vote of a majority of each house of the General Assembly or by a petition signed by five percent of the qualified electors of the state;

(b) only one referendum for approval of additional spending may be held within any two year period;

(c) a referendum may also be held on disapproval of any increased spending which has been approved by a two-thirds vote of each house of the General Assembly under this provision which increase has not been approved by referendum upon petition signed by five percent of the qualified electors of the state;

(d) only one referendum for disapproval of any particular increase in spending may be held within any two year period, and the results thereof, if favorable, shall bind the General Assembly for a period of four years thereafter both as to that particular increase and any subsequent increase, unless the subsequent increase is approved by referendum as provided herein;

(e) any referendum called under the provisions of this section shall be held not less than 30 days and not more than six months after the call therefor, as determined by the Governor, and the results of any referendum shall become effective with the first fiscal year beginning after the date of the referendum;

(f) in the case of natural disaster or other similar emergency, the General Assembly may by a two-thirds vote approve a spending increase notwithstanding a referendum disapproving a spending increase within the preceding four years but such emergency increase may not extend for more than one year and may only be approved after a public hearing advertised at least seven days in advance in a newspaper of general circulation in the affected jurisdiction.

(g) petitions submitted and elections held pursuant to this section shall be governed mutatis mutandis by the provisions applicable to the election of state-wide officials.

The provisions of this section may be amended only by separate legislation enacted expressly for this purpose.

Renumber sections to conform.

Amend title to conform.

Rep. GONZALES moved to table the amendment, which was agreed to.

Rep. GONZALES proposed the following Amendment No. 30, which was tabled.

Amend the Report of the Committee on Ways and Means, as and if amended, SECTIONS 2, 3, 4, and 5 by adding at the end of each SECTION an additional paragraph to read:

/     The provisions of this section may be amended only by separate legislation enacted expressly for this purpose./

Amend title to conform.

Rep. GONZALES explained the amendment and moved to table the amendment, which was agreed to.

Rep. WILKINS proposed the following Amendment No. 33 (Doc Name L:\council\legis\amend\JIC\5586HTC.94), which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___.     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 percent for property placed in service before tax year 1988 and ninety percent for property placed in service in tax year 1988 and thereafter. The term 'original cost' shall mean means gross capitalized cost as shown by the taxpayer's records for income tax purposes."/

Renumber sections to conform.

Amend title to conform.

Rep. WILKINS moved to table the amendment, which was agreed to.

Reps. LANFORD, BEATTY, McELVEEN and KEYSERLING proposed the following Amendment No. 38 (Doc Name L:\council\legis\amend\JIC\5688HTC.94), which was tabled.

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                         fifty percent

After 1994                 one hundred percent

of fair market value.

SECTION     2.     Effective July 1, 1994, there is imposed an additional sales, use, and casual excise tax equal to three percent. This additional tax is for all purposes considered to be a tax levied pursuant to Chapter 36, Title 12 of the 1976 Code, the South Carolina Sale and Use Tax Act. The revenue from this additional tax must be used for additional funding of the Education Finance Act and the Education Improvement Act. Any remaining revenue may be appropriated by the General Assembly only for capital improvements.

SECTION     3.     Section 12-36-2120 of the 1976 Code is amended by adding:

"(47)     effective July 1, 1994, food which may be purchased with USDA food coupons."

SECTION     4.     That portion of Section 12-36-2120 of the 1976 Code preceding item (1) is amended to read:

"Exempted from the taxes imposed by this chapter are the gross proceeds of sales, or sales price of Notwithstanding the rates of tax imposed by this chapter and not including items (1), (2), (28), and (47), which are wholly exempt, the applicable tax rate is three percent on the gross proceeds of sales, or the sales price of:"

SECTION     5.     This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. LANFORD explained the amendment.

Rep. McLEOD moved to table the amendment.

Rep. LANFORD demanded the yeas and nays, which were taken resulting as follows:

Yeas 84; Nays 17

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Bailey, G.
Bailey, J.             Baker                  Barber
Baxley                 Boan                   Brown, H.
Byrd                   Carnell                Cato
Chamblee               Cooper                 Corning
Cromer                 Davenport              Delleney
Elliott                Fair                   Farr
Felder                 Fulmer                 Gamble
Gonzales               Hallman                Harrell
Harris, J.             Harris, P.             Harwell
Hodges                 Holt                   Houck
Huff                   Hutson                 Inabinett
Jaskwhich              Jennings               Keegan
Kelley                 Kennedy                Kinon
Kirsh                  Klauber                Law
Martin                 Mattos                 McAbee
McCraw                 McKay                  McLeod
McTeer                 Meacham                Moody-Lawrence
Neilson                Phillips               Quinn
Rhoad                  Richardson             Riser
Rogers                 Rudnick                Sheheen
Simrill                Smith, R.              Snow
Stoddard               Stone                  Sturkie
Tucker                 Vaughn                 Waites
Waldrop                Whipper                White
Wilder, D.             Wilder, J.             Wilkes
Wilkins                Witherspoon            Wofford
Worley                 Young, A.              Young, R.

Total--84

Those who voted in the negative are:

Allison                Beatty                 Brown, J.
Govan                  Keyserling             Koon
Lanford                Littlejohn             Marchbanks
McElveen               Robinson               Scott
Stille                 Thomas                 Townsend
Trotter                Walker

Total--17

So, the amendment was tabled.

AMENDMENT NO. 69--RECONSIDERED AND ADOPTED

Rep. D. WILDER moved to reconsider the vote whereby Amendment No. 69 was rejected.

Rep. SIMRILL moved to table the motion to reconsider.

Rep. MEACHAM demanded the yeas and nays, which were taken resulting as follows:

Yeas 49; Nays 54

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Baker                  Brown, H.              Cato
Chamblee               Clyborne               Cooper
Corning                Fair                   Fulmer
Gamble                 Gonzales               Graham
Hallman                Harrell                Harrison
Holt                   Huff                   Hutson
Jaskwhich              Keegan                 Kelley
Kirsh                  Klauber                Lanford
Law                    Littlejohn             Marchbanks
Mattos                 Meacham                Quinn
Riser                  Robinson               Shissias
Simrill                Smith, D.              Smith, R.
Stille                 Stone                  Townsend
Trotter                Vaughn                 Walker
Wilkins                Witherspoon            Wofford
Young, A.

Total--49

Those who voted in the negative are:

Barber                 Baxley                 Beatty
Boan                   Breeland               Brown, J.
Byrd                   Carnell                Cobb-Hunter
Davenport              Delleney               Elliott
Farr                   Felder                 Govan
Harrelson              Harris, J.             Harris, P.
Harwell                Hines                  Hodges
Houck                  Inabinett              Jennings
Kennedy                Keyserling             Kinon
Martin                 McAbee                 McCraw
McElveen               McKay                  McLeod
McTeer                 Moody-Lawrence         Neal
Neilson                Phillips               Rhoad
Richardson             Rudnick                Scott
Sheheen                Snow                   Spearman
Thomas                 Tucker                 Waites
Waldrop                Whipper                White
Wilder, D.             Wilder, J.             Wilkes

Total--54

So, the House refused to table the motion to reconsider.

The question then recurred to the motion to reconsider, which was agreed to.

Rep. CLYBORNE moved that the House do now adjourn.

Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:

Yeas 24; Nays 81

Those who voted in the affirmative are:

Baker                  Beatty                 Cato
Chamblee               Clyborne               Cooper
Fair                   Haskins                Hutson
Jaskwhich              Keegan                 Kelley
Koon                   Law                    Marchbanks
Riser                  Robinson               Spearman
Stille                 Stoddard               Townsend
Trotter                Witherspoon            Wofford

Total--24

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Bailey, J.             Barber                 Baxley
Boan                   Breeland               Brown, H.
Brown, J.              Byrd                   Carnell
Cobb-Hunter            Corning                Cromer
Davenport              Delleney               Elliott
Farr                   Felder                 Fulmer
Gamble                 Gonzales               Govan
Graham                 Harrell                Harrelson
Harris, J.             Harris, P.             Harrison
Harwell                Hines                  Hodges
Holt                   Houck                  Huff
Inabinett              Jennings               Kennedy
Keyserling             Kinon                  Kirsh
Klauber                Littlejohn             Martin
McAbee                 McCraw                 McElveen
McKay                  McLeod                 McTeer
Meacham                Moody-Lawrence         Neal
Neilson                Phillips               Quinn
Rhoad                  Richardson             Rogers
Rudnick                Scott                  Sheheen
Shissias               Simrill                Smith, R.
Snow                   Stone                  Stuart
Thomas                 Tucker                 Vaughn
Waldrop                Walker                 Whipper
White                  Wilder, D.             Wilder, J.
Wilkes                 Wilkins                Wright

Total--81

So, the House refused to adjourn.

Rep. HASKINS moved to table the amendment.

Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:

Yeas 54; Nays 57

Those who voted in the affirmative are:

Alexander, M.O.        Allison                Baker
Brown, H.              Cato                   Chamblee
Clyborne               Cooper                 Corning
Davenport              Fair                   Fulmer
Gamble                 Gonzales               Graham
Hallman                Harrell                Harrison
Haskins                Holt                   Houck
Huff                   Hutson                 Jaskwhich
Keegan                 Kelley                 Kirsh
Klauber                Lanford                Law
Littlejohn             Marchbanks             Mattos
Meacham                Phillips               Quinn
Riser                  Robinson               Shissias
Simrill                Smith, D.              Smith, R.
Stone                  Sturkie                Townsend
Trotter                Vaughn                 Walker
Wilkins                Witherspoon            Wofford
Wright                 Young, A.              Young, R.

Total--54

Those who voted in the negative are:

Alexander, T.C.        Bailey, J.             Barber
Baxley                 Beatty                 Boan
Breeland               Brown, J.              Byrd
Carnell                Cobb-Hunter            Cromer
Delleney               Elliott                Farr
Felder                 Govan                  Harrelson
Harris, J.             Harris, P.             Harwell
Hines                  Hodges                 Inabinett
Jennings               Kennedy                Keyserling
Kinon                  Koon                   Martin
McAbee                 McCraw                 McElveen
McKay                  McLeod                 McTeer
Moody-Lawrence         Neal                   Neilson
Rhoad                  Richardson             Rudnick
Scott                  Sheheen                Snow
Spearman               Stille                 Stoddard
Thomas                 Tucker                 Waites
Waldrop                Whipper                White
Wilder, D.             Wilder, J.             Wilkes

Total--57

So, the House refused to table the amendment.

Rep. QUINN moved that the House recede for 10 minutes.

POINT OF ORDER

Rep. CLYBORNE raised the Point of Order that Amendment No. 69 was out of order as it was not the same amendment that had been previously placed on the desk when cloture was ordered and that it appeared that it had been altered or changed.

The SPEAKER stated that it was the amendment placed on the desk and that another amendment had been used as a vehicle and it was handwritten on there and he overruled the Point of Order.

The question then recurred to the adoption of the amendment.

Rep. CATO demanded the yeas and nays, which were taken resulting as follows:

Yeas 57; Nays 55

Those who voted in the affirmative are:

Alexander, T.C.        Askins                 Bailey, J.
Baxley                 Beatty                 Boan
Breeland               Brown, G.              Brown, J.
Byrd                   Carnell                Cobb-Hunter
Delleney               Elliott                Farr
Felder                 Govan                  Harrelson
Harris, J.             Harris, P.             Harwell
Hines                  Hodges                 Inabinett
Jennings               Kennedy                Keyserling
Kinon                  Koon                   Martin
McAbee                 McCraw                 McElveen
McLeod                 McTeer                 Moody-Lawrence
Neal                   Neilson                Rhoad
Richardson             Rudnick                Scott
Sheheen                Snow                   Spearman
Stille                 Stoddard               Sturkie
Thomas                 Tucker                 Waites
Whipper                White                  Wilder, D.
Wilder, J.             Wilkes                 Worley

Total--57

Those who voted in the negative are:

Alexander, M.O.        Allison                Baker
Barber                 Brown, H.              Cato
Chamblee               Clyborne               Cooper
Corning                Cromer                 Davenport
Fair                   Fulmer                 Gamble
Gonzales               Graham                 Hallman
Harrell                Harrison               Haskins
Holt                   Huff                   Hutson
Jaskwhich              Keegan                 Kelley
Kirsh                  Klauber                Lanford
Law                    Littlejohn             Marchbanks
McKay                  Meacham                Phillips
Quinn                  Riser                  Robinson
Shissias               Simrill                Smith, D.
Smith, R.              Stone                  Townsend
Trotter                Vaughn                 Waldrop
Walker                 Wilkins                Witherspoon
Wofford                Wright                 Young, A.
Young, R.

Total--55

So, the amendment was adopted.

LEAVE OF ABSENCE

The SPEAKER granted Rep. BYRD a leave of absence.

Reps. KOON, TROTTER and STURKIE proposed the following Amendment No. 71 (Doc Name L:\council\legis\amend\GJK\20574SD.94), which was tabled.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION     1.     Chapter 36, Title 12 of the 1976 Code is amended by adding:

"Article 10
Property Tax Relief
Sales Tax Act

Section 12-36-1010.     This article may be cited as the Property Tax Relief Sales Tax Act.

Section 12-36-1020.     An additional tax equal to three and one-half percent is added to the taxes imposed pursuant to Articles 9, 13, and 17 of this chapter. For all purposes of this title, this additional tax is considered a tax levied pursuant to the South Carolina Sales and Use Tax Act. The department shall prescribe tables establishing the total amount that may be added to the sales price to reflect all tax levied pursuant to this chapter.

Section 12-36-1030.     (A)     Notwithstanding any other provision of this chapter providing for the distribution of sales, use, and casual excise tax revenues, beginning July 1, 1995, the first two billion one hundred million dollars of the revenue of the taxes imposed by this chapter in a fiscal year must be credited to a separate fund in the State Treasury entitled the Property Tax Relief Fund. Beginning with revenues credited to the fund in fiscal year 1996-97, the amount credited each year must be adjusted by a percentage equal to any consumer price index increase in the twelve months ending on December 31 of the preceding year.

(B)     The State Treasurer shall first use the proceeds of the Property Tax Relief Fund to pay the current interest and principal on general obligation bonds and lease payments on certificates of participation in lease-purchase agreements of all counties, municipalities, school districts, and special purpose or public service districts of the State outstanding as of July 1, 1995.

(C)     (1)     After deduction of amounts paid pursuant to subsection (B), the State Treasurer shall distribute the remaining revenues in the Property Tax Relief Fund quarterly as follows:

(a)     sixty-one and ninety-nine hundredths percent to school districts based on the proportion that the one hundred thirty-five day average daily membership of the district is to the State total one hundred thirty-five day average daily membership;

(b)     twenty-five and sixty-four hundredths percent to counties based on the percentage that the population in the unincorporated area of a county is of the total population in unincorporated areas in the State;

(c)     twelve and thirty-seven hundredths percent to municipalities based on the percentage that the population of the municipality is of the total municipal population in the State.

(2)     Population figures used in this subsection must be figures provided by the annual update of census data.

(D)     A county shall allocate a portion of its distribution to any special purpose or public service district in the county if the district imposed a property tax millage for tax year 1994. The allocation must be based on the percentage of the total of county and district property tax revenues for tax year 1994 represented by district property tax revenue for the same year.

(E)     Sales, use, and casual excise tax revenues not credited to the Property Tax Relief Fund must be distributed for the purposes and in the proportions applicable for the distribution of such revenues in fiscal year 1993-94.

(F)     Any funds remaining in the Property Tax Relief Fund in any year after the required distributions to counties and municipalities as provided herein and after any other required distributions shall be deposited to the credit of the Education Improvement Act of 1984 Fund.

Section 12-36-1040.     For property tax year 1995, the millage imposed by a county, municipality, school district, and special purpose or public service district is reduced by fifty percent over the millage rate imposed by the entity in the prior tax year. After 1995 and until all outstanding general obligation bonds issued by a taxing entity are repaid, no taxing entity may impose a property tax except to avoid default on general obligation bonds of the entity. When all outstanding general obligation bonds of a taxing entity in a county, including county issued bonds are repaid, no property tax may be levied by a county, municipality, school district, special purpose or public service district for any purpose and the office of county assessor and delinquent tax collector, or its equivalent, is abolished.

Section 12-36-1050.     After June 30, 1995, no general obligation bonds may be issued pledging property tax revenues for repayment and no bonds pledging any Property Tax Relief Fund revenues for repayment may be issued without the prior permission of the State Budget and Control Board."

SECTION     2.     Section 12-36-2120 of the 1976 Code, as last amended by Section 198, Act 181 of 1993, is further amended to read:

"Section 12-36-2120.     Exempted from the taxes imposed by this chapter are the gross proceeds of sales, or sales price of:

(1)     tangible personal property or receipts of any business which the State is prohibited from taxing by the Constitution or laws of the United States of America or by the Constitution or laws of this State;

(2)     tangible personal property sold to the federal government;

(3)     textbooks, magazines, and periodicals used as a part of a course of study in primary and secondary schools and institutions of higher learning, and all books, magazines, and periodicals sold to publicly supported state, county, or regional libraries which are open to the public without charge;

(4) (2)     livestock. 'Livestock' is defined as domesticated animals customarily raised on South Carolina farms for use primarily as beasts of burden, or food, and certain mammals when raised for their pelts or fur. Animals such as dogs, cats, reptiles, fowls (except baby chicks and poults), and animals of a wild nature, are not considered livestock;

(5)(3)     feed used for the production and maintenance of poultry and livestock;

(6)(4)     insecticides, chemicals, fertilizers, soil conditioners, seeds, or seedlings, or nursery stock, used solely in the production for sale of farm, dairy, grove, vineyard, or garden products or in the cultivation of poultry or livestock feed;

(7)(5)     containers and labels used in:

(a)     preparing agricultural, dairy, grove, or garden products for sale; or

(b)     preparing turpentine gum, gum spirits of turpentine, and gum resin for sale.

For purposes of this exemption, containers mean boxes, crates, bags, bagging, ties, barrels, and other containers;

(8)     newsprint paper, newspapers, and religious publications, including the Holy Bible and the South Carolina Department of Agricultures The Market Bulletin;

(9)     coal, or coke or other fuel sold to manufacturers, electric power companies, and transportation companies for:

(a)     use or consumption in the production of by-products;

(b)     the generation of heat or power used in manufacturing tangible personal property for sale. For purposes of this item, 'manufacturer' or 'manufacturing' includes the activities of a processor;

(c)     the generation of electric power or energy for use in manufacturing tangible personal property for sale; or

(d)     the generation of motive power for transportation. For the purposes of this exemption, 'manufacturer' or 'manufacturing' includes the activities of mining and quarrying;

(10)     (a)     meals or foodstuffs used in furnishing meals to school children, if the sales or use are within school buildings and are not for profit;

(b)     meals or foodstuffs provided to elderly or disabled persons at home by nonprofit organizations that receive only charitable contributions in addition to sale proceeds from the meals;

(11)     (a) toll charges for the transmission of voice or messages between telephone exchanges;

(b) charges for telegraph messages; and

(c) carrier access charges and customer access line charges established by the Federal Communications Commission or the South Carolina Public Service Commission;

(12)     water sold by public utilities, if rates and charges are of the kind determined by the Public Service Commission, or water sold by nonprofit corporations organized pursuant to Sections 33-35-10 to 33-35-170;

(13)     fuel, lubricants, and supplies for use or consumption aboard ships in intercoastal trade or foreign commerce. This exemption does not exempt or exclude from the tax the sale of materials and supplies used in fulfilling a contract for the painting, repair, or reconditioning of ships and other watercraft;

(14)     wrapping paper, wrapping twine, paper bags, and containers, used incident to the sale and delivery of tangible personal property;

(15)     gasoline or other motor vehicle fuels taxed at the same rate as gasoline, fuels used in farm machinery, farm tractors, and commercial fishing vessels, and clean alternative transportation fuels as defined in regulation by the South Carolina Department of Revenue and Taxation as defined by the State Energy Office. Gasoline used in aircraft is not exempted by this item;

(16)     farm machinery and their replacement parts and attachments, used in planting, cultivating or harvesting farm crops, including bulk coolers (farm dairy tanks) used in the production and preservation of milk on dairy farms, and machines used in the production of poultry and poultry products on poultry farms, when such products are sold in the original state of production or preparation for sale. This exemption does not include automobiles or trucks;

(17)     machines used in manufacturing, processing, compounding, mining, or quarrying tangible personal property for sale. 'Machines' include the parts of machines, attachments, and replacements used, or manufactured for use, on or in the operation of the machines and which are necessary to the operation of the machines and are customarily so used. This exemption does not include automobiles or trucks;

(18)     fuel used exclusively to cure agricultural products;

(19)     electricity used by manufacturers, miners, or quarriers to manufacture, mine, or quarry tangible personal property for sale. For purposes of this item, 'manufacturer' or 'manufacture' includes the activities of processors;

(20)     railroad cars, locomotives, and their parts, monorail cars, and the engines or motors that propel them, and their parts;

(21)     vessels and barges of more than fifty tons burden;

(22)     materials necessary to assemble missiles to be used by the Armed Forces of the United States;

(23)     farm, grove, vineyard, and garden products, if sold in the original state of production or preparation for sale, when sold by the producer or by members of the producers immediate family;

(24)     supplies and machinery used by laundries, cleaning, dyeing, or pressing establishments in the direct performance of their primary function, but not sales of supplies and machinery used by coin-operated laundromats;

(25)     motor vehicles (excluding trucks) or motorcycles, which are required to be licensed to be used on the highways, sold to a resident of another state, but who is located in South Carolina by reason of orders of the United States Armed Forces. This exemption is allowed only if, within ten days of the sale, the vendor is furnished a statement, from a commissioned officer of the Armed Forces of a higher rank than the purchaser, certifying that the buyer is a member of the Armed Forces on active duty, and a resident of another state;

(26)     all supplies, technical equipment, machinery, and electricity sold to radio and television stations, and cable television systems, for use in producing, broadcasting, or distributing programs. For the purpose of this exemption, radio stations, television stations, and cable television systems are deemed to be manufacturers;

(27)     all plants and animals sold to any publicly supported zoological park or garden or to any of its nonprofit support corporations;

(28) (6)     medicine and prosthetic devices sold by prescription; hypodermic needles, insulin, alcohol swabs, and blood sugar testing strips sold to diabetics under the authorization and direction of a physician; and dental prosthetic devices;

(29) (7)     Reserved; food which may be purchased lawfully with United States Department of Agriculture food stamps;

(30)     office supplies, or other commodities, and services resold by the Division of General Services of the State Budget and Control Board to departments and agencies of the state government, if the tax was paid on the divisions original purchase;

(31)     vacation time sharing lease plans as provided by Chapter 32 of Title 27;

(32) (8)     natural and liquefied petroleum gas and electricity used exclusively in the production of poultry, livestock, swine, and milk;

(33)     electricity, natural gas, fuel oil, kerosene, LP gas, coal, or any other combustible heating material or substance used for residential purposes. Individual sales of kerosene of twenty gallons or less by retailers are considered used for residential heating purposes;

(34)     thirty-five percent of the gross proceeds of the sale of modular homes as defined in Section 31-17-20;

(35)     motion picture film sold or rented to or by theaters;

(36)     tangible personal property where the seller, by contract of sale, is obligated to deliver to the buyer, or to an agent or donee of the buyer, at a point outside this State or to deliver it to a carrier or to the mails for transportation to the buyer, or to an agent or donee of the buyer, at a point outside this State;

(37)     petroleum asphalt products, commonly used in paving, purchased in this State, which are transported and consumed out of this State;

(38)     hearing aids, as defined by Section 40-25-20(5);

(39)     concession sales at a festival by an organization devoted exclusively to public or charitable purposes, if:

(a)     all the net proceeds are used for those purposes;

(b)     the festival is listed as a special event in the calendar of events provided by the South Carolina Department of Parks, Recreation and Tourism; and

(c)     in advance of the festival, its organizers provide the commission, on a form it prescribes, information necessary to insure compliance with this item. For purposes of this item, a 'festival' does not include a recognized state or county fair;

(40)     containers and chassis, including all parts, components, and attachments, sold to international shipping lines which have a contractual relationship with the South Carolina State Ports Authority and which are used in the import or export of goods to and from this State. The exemption allowed by this item is effective for sales after June 30, 1982;

(41)     items sold by organizations exempt under Section 12-37-220 A(3) and (4) and B(5), (6), (7), (8), (12), (16), (19), (22), and (24), if the net proceeds are used exclusively for exempt purposes and no benefit inures to any individual. An organization whose sales are exempted by this item is also exempt from the retail license tax provided in Article 5 of this chapter. The exemption allowed by this item is effective for sales after June 30, 1989;

(42)     depreciable assets, used in the operation of a business, pursuant to the sale of the business. This exemption only applies when the entire business is sold by the owner of it, pursuant to a written contract and the purchaser continues operation of the business. The exemption allowed by this item is effective for sales after June 30, 1987.

(43)     all supplies, technical equipment, machinery, and electricity sold to motion picture companies for use in filming or producing motion pictures. For the purposes of this item, 'motion picture' means any audiovisual work with a series of related images either on film, tape, or other embodiment, where the images shown in succession impart an impression of motion together with accompanying sound, if any, which is produced, adapted, or altered for exploitation as entertainment, advertising, promotional, industrial, or educational media; and a 'motion picture company' means a company generally engaged in the business of filming or producing motion pictures;

(44)     electricity used to irrigate crops;

(45)     gross proceeds from the sale of building materials, supplies, fixtures, and equipment for the construction, repair, or improvement of or that become a part of a self-contained enclosure or structure specifically designed, constructed, and used for the commercial housing of poultry or livestock.

(46)     War memorials or monuments honoring units or contingents of the Armed Forces of the United States or of the National Guard, including United States military vessels, which memorials or monuments are affixed to public property;"

SECTION     3.     Section 12-36-2110(A) of the 1976 Code, as added by Section 74A, Part II, Act 612 of 1990, is amended to read:

"(A)     The maximum tax imposed by this chapter is three hundred dollars for each sale made after June 30, 1984, or lease executed after August 31, 1985, of each:

(1)     aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;

(2)     motor vehicle;

(3)     motorcycle;

(4)     boat;

(5)     trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;

(6)     recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or

(7)     self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower.

In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals three hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days.

(1)     Notwithstanding the rates of tax imposed by this chapter, a rate of three and one-half percent is imposed on the sale or lease of motor vehicles and motorcycles and on the sale or lease of each:

(a)     aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;

(b)     boat;

(c)     trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;

(d)     recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel;

(e)     self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower; or

(f)     commercial vehicles with a manufacturer's gross vehicle weight rating in excess of ten thousand pounds.

(2)     In the case of a lease of an item subject to the tax limit imposed by item (1) of this subsection, the total tax rate required by law applies on each payment. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease."

SECTION     4.     This act takes effect July 1, 1995./

Amend title to conform.

Rep. STURKIE was recognized.

POINT OF ORDER

Rep. HOLT raised the Point of Order that Amendment No. 71 was out of order as it had been taken and changes made after cloture was ordered.

The SPEAKER stated that this amendment was the one that had been in the possession of the House and he overruled the Point of Order.

POINT OF ORDER

Rep. RUDNICK raised the Point of Order that Amendment No. 71 was out of order, citing page 35 of the Journal from March 3, 1994, in that it was not the same amendment.

The SPEAKER stated that was Amendment No. 39 which was rejected and this was Amendment No. 71 which was put on the desk the same day and he overruled the Point of Order.

Rep. STURKIE explained the amendment.

Rep. BOAN moved to table the amendment.

Rep. KOON demanded the yeas and nays, which were taken resulting as follows:

Yeas 59; Nays 56

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Askins
Bailey, G.             Bailey, J.             Barber
Baxley                 Boan                   Breeland
Carnell                Cato                   Clyborne
Cromer                 Farr                   Felder
Fulmer                 Gonzales               Hallman
Harrell                Harris, J.             Harwell
Hodges                 Holt                   Huff
Inabinett              Jaskwhich              Jennings
Keegan                 Kelley                 Kinon
Kirsh                  Klauber                Martin
Mattos                 McCraw                 McTeer
Meacham                Neilson                Phillips
Rhoad                  Robinson               Rogers
Rudnick                Sheheen                Simrill
Smith, D.              Smith, R.              Snow
Thomas                 Tucker                 Vaughn
Waites                 Whipper                Wilder, D.
Wilkins                Wofford                Worley
Young, A.              Young, R.

Total--59

Those who voted in the negative are:

Allison                Baker                  Beatty
Brown, G.              Brown, H.              Brown, J.
Chamblee               Cobb-Hunter            Cooper
Corning                Davenport              Delleney
Fair                   Gamble                 Govan
Graham                 Harrelson              Harris, P.
Harrison               Haskins                Hines
Houck                  Hutson                 Kennedy
Keyserling             Koon                   Lanford
Law                    Littlejohn             Marchbanks
McAbee                 McElveen               McKay
McLeod                 Moody-Lawrence         Neal
Quinn                  Richardson             Riser
Scott                  Shissias               Spearman
Stille                 Stoddard               Stone
Stuart                 Sturkie                Townsend
Trotter                Waldrop                Walker
White                  Wilder, J.             Wilkes
Witherspoon            Wright

Total--56

So, the amendment was tabled.

AMENDMENT NO. 44--TABLED

Debate was resumed on Amendment No. 44, which was proposed on Thursday, March 3, by Reps. TOWNSEND, et al.

Rep. TOWNSEND explained the amendment.

MOTION NOTED

Rep. FELDER moved to reconsider the vote whereby Amendment No. 71 was tabled and the motion was noted.

Rep. McTEER spoke against the amendment.

Rep. WALKER spoke in favor of the amendment.

Rep. McTEER moved to table the amendment, which was agreed to by a division vote of 52 to 29.

AMENDMENT NO. 71--RECONSIDERED AND TABLED

The motion of Rep. FELDER to reconsider the vote whereby Amendment No. 71 was tabled was taken up.

Rep. CARNELL moved to table the motion to reconsider.

Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:

Yeas 55; Nays 56

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Askins
Bailey, G.             Bailey, J.             Barber
Baxley                 Boan                   Breeland
Carnell                Cato                   Clyborne
Cromer                 Farr                   Fulmer
Hallman                Harrell                Harris, J.
Hodges                 Holt                   Houck
Huff                   Inabinett              Jaskwhich
Jennings               Keegan                 Kennedy
Kinon                  Kirsh                  Klauber
Martin                 Mattos                 McAbee
McCraw                 Meacham                Phillips
Rhoad                  Robinson               Rogers
Rudnick                Sheheen                Simrill
Smith, R.              Snow                   Spearman
Tucker                 Vaughn                 Waites
Whipper                Wilder, D.             Wilder, J.
Wilkes                 Wilkins                Worley
Young, A.

Total--55

Those who voted in the negative are:

Allison                Baker                  Beatty
Brown, G.              Brown, H.              Brown, J.
Chamblee               Cobb-Hunter            Cooper
Corning                Davenport              Fair
Felder                 Gamble                 Gonzales
Govan                  Graham                 Harrelson
Harris, P.             Harrison               Haskins
Hines                  Hutson                 Kelley
Keyserling             Koon                   Lanford
Law                    Littlejohn             Marchbanks
McElveen               McKay                  McLeod
Neal                   Neilson                Quinn
Richardson             Riser                  Scott
Shissias               Smith, D.              Stille
Stoddard               Stone                  Stuart
Sturkie                Thomas                 Townsend
Trotter                Waldrop                Walker
White                  Witherspoon            Wofford
Wright                 Young, R.

Total--56

So, the House refused to table the motion to reconsider.

The question then recurred to the motion to reconsider.

Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:

Yeas 56; Nays 53

Those who voted in the affirmative are:

Allison                Baker                  Beatty
Brown, G.              Brown, H.              Brown, J.
Chamblee               Cooper                 Corning
Davenport              Fair                   Fulmer
Gamble                 Gonzales               Graham
Hallman                Harrell                Harrelson
Harris, P.             Harrison               Haskins
Hines                  Hutson                 Kelley
Keyserling             Koon                   Lanford
Law                    Littlejohn             Marchbanks
McElveen               McKay                  McLeod
Moody-Lawrence         Neilson                Quinn
Richardson             Riser                  Scott
Shissias               Smith, D.              Spearman
Stille                 Stoddard               Stone
Stuart                 Sturkie                Thomas
Townsend               Trotter                Waldrop
Walker                 Witherspoon            Wofford
Wright                 Young, R.

Total--56

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Askins
Bailey, G.             Bailey, J.             Barber
Baxley                 Boan                   Breeland
Carnell                Cato                   Clyborne
Cromer                 Farr                   Felder
Harris, J.             Hodges                 Holt
Houck                  Huff                   Inabinett
Jaskwhich              Jennings               Keegan
Kennedy                Kinon                  Kirsh
Klauber                Martin                 Mattos
McAbee                 McCraw                 McTeer
Meacham                Phillips               Rhoad
Robinson               Rogers                 Rudnick
Sheheen                Simrill                Smith, R.
Snow                   Tucker                 Vaughn
Waites                 Whipper                Wilder, D.
Wilder, J.             Wilkes                 Wilkins
Worley                 Young, A.

Total--53

So, the motion to reconsider was agreed to.

Rep. BOAN spoke against the amendment.

Rep. BOAN moved to table the amendment.

Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:

Yeas 72; Nays 42

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Askins
Bailey, G.             Bailey, J.             Barber
Baxley                 Boan                   Breeland
Carnell                Cato                   Clyborne
Cobb-Hunter            Cromer                 Delleney
Farr                   Felder                 Fulmer
Gonzales               Govan                  Hallman
Harrell                Harrelson              Harris, J.
Harwell                Haskins                Hines
Hodges                 Holt                   Houck
Huff                   Inabinett              Jaskwhich
Jennings               Keegan                 Kennedy
Kinon                  Kirsh                  Klauber
Martin                 Mattos                 McAbee
McCraw                 McTeer                 Meacham
Moody-Lawrence         Neal                   Neilson
Phillips               Rhoad                  Robinson
Rogers                 Rudnick                Scott
Sheheen                Simrill                Smith, D.
Smith, R.              Snow                   Spearman
Tucker                 Vaughn                 Waites
Whipper                White                  Wilder, D.
Wilder, J.             Wilkes                 Wilkins
Wofford                Worley                 Young, A.

Total--72

Those who voted in the negative are:

Allison                Baker                  Beatty
Brown, G.              Brown, H.              Brown, J.
Chamblee               Cooper                 Corning
Davenport              Fair                   Gamble
Graham                 Harris, P.             Harrison
Hutson                 Kelley                 Keyserling
Koon                   Lanford                Law
Littlejohn             Marchbanks             McElveen
McKay                  McLeod                 Quinn
Riser                  Shissias               Stille
Stoddard               Stone                  Stuart
Sturkie                Thomas                 Townsend
Trotter                Waldrop                Walker
Witherspoon            Wright                 Young, R.

Total--42

So, the amendment was tabled.

AMENDMENT NO. 47--TABLED

Debate was resumed on Amendment No. 47, which was proposed on Thursday, March 3, by Rep. MARCHBANKS.

Rep. MARCHBANKS moved to table the amendment, which was agreed to.

Rep. CLYBORNE proposed the following Amendment No. 48 (Doc Name L:\council\legis\amend\GJK\20565SD.94), which was tabled.

Amend the bill, as and if amended, by deleting the unnumbered item of SECTION 2 which reads as follows:

/( )     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 the bill further, as and if amended, by deleting the unnumbered item of SECTION 3 which reads as follows:

/( )     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 the bill further, as and if amended, by deleting the unnumbered item of SECTION 4 which reads as follows:

/( )     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 the bill further, as and if amended, by deleting the unnumbered item of SECTION 5 which reads as follows:

/( )     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;/

Amend the bill further, as and if amended, by adding a new SECTION 5A to read:

/SECTION     5A.     No bill or joint resolution 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.

The State Budget Division after a bill or joint resolution is enacted into law shall prepare and affix to it a statement of its estimated fiscal impact on the political subdivisions referred to above, whether or not the bill or joint resolution requires the entity to expend funds, and whether or not the General Assembly has provided sufficient funding to offset the costs incurred or expenditures required. If the Budget Division finds that the bill or joint resolution does require the expenditure of funds or the incurring of costs and that sufficient funding therefor by the General Assembly has not been provided, the provisions of the bill or joint resolution are not binding on the political subdivisions./

Renumber sections to conform.

Amend title to conform.

Rep. CLYBORNE moved to table the amendment, which was agreed to.

Rep. CLYBORNE proposed the following Amendment No. 49 (Doc Name L:\council\legis\amend\GJK\20566SD.94), which was ruled out of order.

Amend the bill, as and if amended, by adding a new SECTION to be appropriately numbered to read:

/SECTION     ____.     The 1976 Code is amended by adding:

"Section 12-2-75.     In addition to all other limitations on spending and beginning with state government spending for fiscal year 1994-95, total spending by the state government in a fiscal year, the funds for which are derived from the imposition of taxes authorized in this Title 12, may not exceed total state government spending in the prior fiscal year, the funds for which were derived from the imposition of taxes authorized in this Title 12, 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.

This limitation does not prevent the use of funds derived from the imposition of taxes authorized in this Title 12 being expended for the following purposes above the limitation provided in this section:

(1)     spending of amounts attributable to revenue growth in these sources of revenue in the current year as compared to the previous year exceeding the increase in the consumer price index referred to above;

(2)     spending for debt service and lease purchase payments;

(3)     spending to offset a prior year deficit; and

(4)     spending approved by the qualified electors of the state voting in a referendum held for this purpose."/

Renumber sections to conform.

Amend totals and title to conform.

RULED OUT OF ORDER

The SPEAKER ruled Amendment No. 49 out of order as it was identical to a previous amendment, Amendment No. 8.

Rep. STURKIE moved to recommit the Bill.

Rep. BOAN moved to table the motion to recommit.

Rep. STURKIE demanded the yeas and nays, which were taken resulting as follows:

Yeas 66; Nays 46

Those who voted in the affirmative are:

Alexander, M.O.        Askins                 Bailey, G.
Baker                  Baxley                 Beatty
Boan                   Breeland               Brown, G.
Cato                   Clyborne               Cobb-Hunter
Cromer                 Delleney               Farr
Govan                  Harrelson              Harris, J.
Harris, P.             Harwell                Haskins
Hines                  Hodges                 Holt
Houck                  Huff                   Inabinett
Jaskwhich              Jennings               Keegan
Kennedy                Kinon                  Kirsh
Klauber                Law                    Marchbanks
Mattos                 McAbee                 McCraw
McKay                  McTeer                 Meacham
Moody-Lawrence         Neal                   Neilson
Phillips               Rhoad                  Robinson
Rogers                 Scott                  Sheheen
Simrill                Smith, R.              Snow
Spearman               Stoddard               Vaughn
Whipper                White                  Wilder, D.
Wilder, J.             Wilkes                 Wilkins
Wofford                Worley                 Young, A.

Total--66

Those who voted in the negative are:

Alexander, T.C.        Allison                Bailey, J.
Barber                 Brown, H.              Chamblee
Cooper                 Corning                Davenport
Fair                   Felder                 Fulmer
Gamble                 Gonzales               Graham
Hallman                Harrell                Harrison
Hutson                 Kelley                 Keyserling
Koon                   Lanford                Littlejohn
Martin                 McElveen               McLeod
Quinn                  Richardson             Riser
Rudnick                Shissias               Stille
Stone                  Stuart                 Sturkie
Thomas                 Townsend               Trotter
Tucker                 Waites                 Waldrop
Walker                 Witherspoon            Wright
Young, R.

Total--46

So, the motion to recommit was tabled.

Rep. BOAN proposed the following Amendment No. 70 (Doc Name L:\council\legis\amend\JIC\5690HTC.94).

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)(2) of the 1976 Code, 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 1995-96, 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 1995-96, 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 1995-96, 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 1995-96, 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.     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     7.     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     8.     This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. BOAN explained the amendment.

Rep. RICHARDSON moved that the House recede for one hour, which was rejected.

Rep. HARRELSON spoke against the amendment.

Rep. HASKINS moved that the House do now adjourn, which was adopted by a division vote of 61 to 49.

Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 70, immediate cloture having been ordered.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4918 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING ROBERT C. MCCUTCHEN, JR., OF LEE COUNTY FOR HIS OUTSTANDING SERVICE AS ASSISTANT FIRE CHIEF FOR THE BISHOPVILLE CITY FIRE DEPARTMENT AND FOR HIS COMMITMENT TO FIREFIGHTING AND FIRE PREVENTION FOR OVER HALF A CENTURY, AND WISHING HIM SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT.

ADJOURNMENT

At 5:50 P.M. the House in accordance with the motion of Rep. ANDERSON adjourned in memory of former House member, Sara Shelton of Greenwood, to meet at 10:00 A.M. tomorrow.

* * *

This web page was last updated on Monday, June 29, 2009 at 3:34 P.M.