THURSDAY, JANUARY 10, 2002
Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rep. F.N. SMITH as follows:
Our gracious God, as we continue to plan and prepare for this new Legislative Session, we continue to seek Your wisdom and guidance. We pray that You will remain near to the men and women present here today, each one of us with our own needs, hopes and abilities. Grant that we may use our powers here to help others, always mindful of the public good. Please give each of us a clear conscience and forbid that we think when this prayer is done, that our need for You is over. Rather, let us seek Your counsel for the rest of this day and in all the coming days and bless all the leaders across America and in South Carolina. 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. J.BROWN moved that when the House adjourns, it adjourn in memory of Deacon Alexander David McRant, Sr., which was agreed to.
REGULATION RECEIVED
The following was received and referred to the appropriate committee for consideration:
Document No. 2690
Agency: Department of Natural Resources
Statutory Authority: 1976 Code Section 50-13-250
Trout Harvest
Received by Speaker of the House of Representatives
January 10, 2002
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 9, 2002
REPORT OF STANDING COMMITTEE
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3655 -- Reps. R.Brown, Allen, Allison, Altman, Askins, Bales, Barfield, Bingham, Breeland, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Dantzler, Davenport, Easterday, Emory, Freeman, Frye, Gilham, Govan, Harrell, Haskins, J.Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Knotts, Leach, Lee, Littlejohn, Lloyd, Lucas, Mack, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, Ott, Owens, Parks, Perry, Phillips, Riser, Rivers, Rodgers, Scarborough, Scott, Simrill, Sinclair, G.M.Smith, W.D.Smith, Snow, Stille, Stuart, Talley, Townsend, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, Wilder and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERSECTION OF STATE HIGHWAY 162 AND TOWLES ROAD AND SALTER'S HILL ROAD IN CHARLESTON COUNTY AS THE "HENRIETTA GRANT INTERSECTION" IN HONOR OF THE LATE MRS. HENRIETTA GRANT OF HOLLYWOOD, SOUTH CAROLINA.
Ordered for consideration tomorrow.
CONCURRENT RESOLUTION
The Senate sent to the House the following:
S. 744 -- Senators Ryberg, Gregory and Thomas: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION AND DEPARTMENT OF CORRECTIONS TO COORDINATE THE USE OF INMATE LABOR TO PICKUP LITTER FROM HIGHWAY RIGHTS-OF-WAY AND REGULAR MOWING MAINTENANCE OF HIGHWAY RIGHTS-OF-WAY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
CONCURRENT RESOLUTION
On motion of Rep. CHELLIS, with unanimous consent, the following was taken up for immediate consideration:
H. 4482 -- Rep. Chellis: A CONCURRENT RESOLUTION TO INSTRUCT AND REQUEST THE DEPARTMENT OF REVENUE TO IMMEDIATELY PERMIT CORPORATE TAXPAYERS TO CONVERT PREVIOUS ESTIMATED STATE CORPORATE INCOME TAX PAYMENTS TO FUTURE STATE EMPLOYEE TAX WITHHOLDING OBLIGATIONS IN A MANNER COMPARABLE WITH SIMILAR CONVERSION PROCEDURES OF THE INTERNAL REVENUE SERVICE WITH REGARD TO FEDERAL OBLIGATIONS.
Whereas, it has come to the attention of the members of the General Assembly that the Internal Revenue Service recently, by letter, has permitted corporate taxpayers to convert federal corporate income tax estimated payments previously made, if such payments are in excess of the estimated liability, to the corporate taxpayer’s future social security and employee income tax withholding obligations; and
Whereas, the Department of Revenue is charged by law with the administration of the South Carolina Tax Code and is given broad general, specific, and permissive powers to enforce and administer the tax laws of this State; and
Whereas, although the laws of this State do not expressly permit a comparable state conversion procedure, the State of South Carolina historically has followed most federal income tax provisions and procedures when administering our state’s tax laws; and
Whereas, during this time of economic recession, it would greatly benefit the corporate taxpayers of our State if such a comparable state conversion procedure is permitted; and
Whereas, due to time constraints and the approaching deadlines in the month of January for these types of tax payments, sufficient time does not exist for the General Assembly to legislatively enact such a conversion procedure. However, the General Assembly believes that the Department of Revenue has the inherent authority under its general administrative power to follow the lead of the Internal Revenue Service and permit such a conversion procedure; and
Whereas, the members of the General Assembly, by this resolution, hereby instruct and request the Department of Revenue to immediately permit corporate taxpayers to convert previous estimated state corporate income tax payments to future state employee tax withholding obligations. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly hereby instructs and requests the Department of Revenue to immediately permit corporate taxpayers to convert previous estimated state corporate income tax payments to future state employee tax withholding obligations in a manner comparable with similar conversion procedures of the Internal Revenue Service with regard to federal obligations.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Revenue.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
INTRODUCTION OF BILLS
The following Bill and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4483 -- Rep. White: A BILL TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY NOT BE GRANTED A DRIVER'S LICENSE, SO AS TO INCLUDE IN THE EXCEPTION OF PERSONS FROM OTHER COUNTRIES WHO MAY BE GRANTED A LICENSE, A PERSON WHO IS PRESENT IN SOUTH CAROLINA ON A FIANCÉ VISA OR THE DEPENDENTS OF SUCH PERSON.
Referred to Committee on Education and Public Works
H. 4484 -- Reps. Sheheen, Merrill, Lourie and G.M.Smith: A JOINT RESOLUTION TO ESTABLISH THE COMMISSION TO REVIEW TAXATION AND PUBLIC FINANCE IN SOUTH CAROLINA, PROVIDE FOR ITS MEMBERSHIP, AUTHORITY, AND DUTIES, AND TO REQUIRE IT TO MAKE A REPORT AND RECOMMENDATIONS TO THE GOVERNOR AND GENERAL ASSEMBLY NO LATER THAN ONE YEAR AFTER BEGINNING FULL OPERATION, AFTER WHICH THE COMMISSION IS DISSOLVED.
Referred to Committee on Ways and Means
ROLL CALL
The roll call of the House of Representatives was taken resulting as follows:
Allen / Bales / BarfieldBarrett / Battle / Bingham
Bowers / Breeland / Brown,J.
Brown,R. / Cato / Chellis
Clyburn / Coates / Cobb-Hunter
Coleman / Cooper / Dantzler
Davenport / Easterday / Edge
Emory / Fleming / Freeman
Frye / Gilham / Gourdine
Govan / Hamilton / Harrell
Harrison / Haskins / Hayes
Hines,J. / Hines,M. / Hinson
Howard / Huggins / Jennings
Keegan / Kelley / Kennedy
Kirsh / Klauber / Knotts
Koon / Law / Leach
Lee / Limehouse / Littlejohn
Lloyd / Loftis / Lourie
Lucas / Mack / Martin
McCraw / McGee / McLeod
Meacham-Richardson / Merrill / Miller
Moody-Lawrence / Neal,J.M. / Neilson
Ott / Owens / Perry
Phillips / Rhoad / Rice
Riser / Rivers / Robinson
Rodgers / Rutherford / Sandifer
Scarborough / Scott / Sharpe
Sheheen / Simrill / Sinclair
Smith,D.C. / Smith,F.N. / Smith,G.M.
Smith,J.E. / Smith,J.R. / Smith,W.D.
Snow / Stille / Stuart
Talley / Taylor / Thompson
Tripp / Trotter / Vaughn
Walker / Webb / Weeks
Whatley / Whipper / White
Wilder / Wilkins / Witherspoon
Young,A. / Young,J.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Thursday, January 10.
Grady Brown / John AltmanBill Cotty / Alex Harvin
Greg Delleney / Joseph Neal
Merita Allison / Lonnie Hosey
Total Present--118
DOCTOR OF THE DAY
Announcement was made that Dr. John P. Evans of Greenville is the Doctor of the Day for the General Assembly.
CO-SPONSORS ADDED AND REMOVED
In accordance with House Rule 5.2 below:
"5.2Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of cosponsors may be added. A member may add his name to a bill or resolution or a cosponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or cosponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member’s or cosponsor’s written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee.”
CO-SPONSOR ADDED
Bill Number: / H.4413Date: / ADD:
01/10/02 / W.D.SMITH
CO-SPONSOR ADDED
Bill Number: / H.4153Date: / ADD:
01/10/02 / BARFIELD
CO-SPONSOR REMOVED
Bill Number: / H.4222Date: / REMOVE:
01/10/02 / OTT
SENT TO THE SENATE
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate:
H. 4467 -- Reps. J.R.Smith, Clyburn, Perry and D.C.Smith: A JOINT RESOLUTION TO PROVIDE THAT UP TO FOUR DAYS MISSED DURING THE 2001-2002 SCHOOL YEAR BY THE STUDENTS OF ANY SCHOOL IN THE SCHOOL DISTRICTS OF AIKEN COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
ORDERED TO THIRD READING
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
H. 4471 -- Rep. Clyburn: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF A SCHOOL IN THE EDGEFIELD COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
H. 4471--ORDERED TO BE READ THIRD TIME TOMORROW
On motion of Rep. CLYBURN, with unanimous consent, it was ordered that H.4471 be read the third time tomorrow.
H. 4464--AMENDED AND ORDERED TO THIRD READING
The following Bill was taken up:
H. 4464 -- Reps. McGee, Coates, M.Hines, J.Hines and Askins: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT NO. 1 IN FLORENCE COUNTY TO ADJUST THE SCHOOL DISTRICT'S TAX MILLAGE FOR THE 2002-2003 SCHOOL YEAR TO OFFSET THE MIDYEAR BUDGET CUTS MANDATED BY THE BUDGET AND CONTROL BOARD OF THE STATE OF SOUTH CAROLINA FOR THE SCHOOL DISTRICT DURING THE 2001-2002 SCHOOL YEAR, AND TO PROVIDE THAT THE COUNTY AUDITOR SHALL LEVY THE MILLAGE UPON ALL PROPERTY WITHIN THE SCHOOL DISTRICT, AND THE COUNTY TREASURER SHALL COLLECT THE TAXES LEVIED AND DISBURSE THE FUNDS.
Reps. MCGEE, COATES, M. HINES, J. HINES and ASKINS proposed the following Amendment No.1 (Doc Name COUNCIL\NBD\AMEND\11062AC02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION1.The General Assembly finds that owing to reductions in state appropriations for Fiscal Year 2002, School District No. 1 of Florence County (the School District) will experience a shortfall in funds necessary to meet its operating budget for Fiscal Year 2002. The General Assembly has determined to authorize the Board of Trustees of the School District (the Board) to issue general obligation bonds of the School District to provide funds necessary to meet its costs of operations and maintenance. Additionally, the General Assembly has determined to authorize the School District to increase millage levied for operations and maintenance for Fiscal Year 2003 to replace funds lost as a consequence of reductions in state appropriations.
SECTION2.In order to raise funds to meet costs of operation and maintenance of the School District, the Board may issue and sell a general obligation bond or bonds of the School District (the Bond), as a single issue or several issues, without the necessity of holding an election, in an amount not to exceed the lesser of: (1) the available eight percent debt limit as prescribed by Article X, Section 15 of the South Carolina Constitution; or (2) the difference between the total amount of state appropriations anticipated in the School District’s budget for Fiscal Year 2002 as originally adopted and the actual amount of state funds, as certified by the Office of the Comptroller General, which the School District will receive for Fiscal Year 2002, plus issuance costs.
SECTION3.The Bond shall mature no more than 15 months from the date of its issuance.
SECTION4.The Bond may be issued with a provision permitting its prepayment before its stated maturity upon terms prescribed by the Board.
SECTION5.The Bond must be in the form of a fully registered bond upon conditions the Board prescribes.
SECTION6.The Bond must be made payable at places, within or without the State, prescribed by the Board.
SECTION7.The Bond must bear interest at a rate determined in the manner and payable upon the dates prescribed by the Board.
SECTION8.The Bond must be in a denomination or denominations and executed in a manner the Board prescribes.
SECTION9.The Bond must be sold at a price of not less than par and accrued interest, if any, from its dated date to the date of its delivery. The Bond may be sold at public sale pursuant to Title 59, Chapter 71, Section 130 of the Code of Laws of South Carolina, 1976, as amended, and Title 11, Chapter 27 of the Code of Laws of South Carolina, 1976, as amended, or at private sale and without advertisement if, not less than seven days prior to its delivery, notice of intention to sell the Bond at private sale is given by publication in a newspaper of general circulation in the School District. The notice must set forth the purchaser, the purchase price, interest rate, and maturity date of the Bond.
SECTION10.For the payment of the principal and interest of the Bond, the full faith, credit, and taxing power of the School District shall be irrevocably pledged, and there must be levied annually by the Auditor of Florence County, and collected by the Treasurer of Florence County, in the same manner as county taxes are levied and collected on all taxable property in the School District, a tax sufficient to pay the principal and interest of the Bond.
SECTION11.The principal of and interest on the Bond shall have the taxexempt status prescribed by Title 12, Chapter 2, Section 50, Code of Laws of South Carolina, 1976, as amended.
SECTION12.The proceeds derived from the sale of the Bond issued under the provisions of this act must be paid to the Treasurer of Florence County and must be used to meet the costs of its issuance, and to pay the costs of operation and maintenance of the School District or to pay all or a portion of the principal of and interest on a tax anticipation note of the School District issued as of September 20, 2001, as determined by the Board.
SECTION13.Notwithstanding any other provision of law, the Board is hereby authorized to increase for Fiscal Year 2003 the number of mills levied for operation and maintenance of the School District. For Fiscal Year 2003 the Board may increase the millage levy over the Fiscal Year 2002 millage levy by the number of mills determined by the Board to be necessary to replace any decrease in state appropriations to the School District from the amount of state appropriations anticipated in the School District’s budget for Fiscal Year 2002 as originally adopted. For Fiscal Year 2004 and subsequent fiscal years, the Board shall not increase the number of mills levied for operations and maintenance of the School District over that levied for Fiscal Year 2003 except as provided by Act No. 239 of 1981 and the general law of the State.
SECTION14.The powers and authorizations conferred by this act upon the Board are in addition to all other powers and authorizations previously vested in the Board and may be availed of pursuant to action taken at a regular or special meeting of such Board of Trustees.
SECTION15.No action other than that prescribed in this act must be taken to effect the issuance of the Bond authorized in this act, nor is the Board required to obtain the approval of a public agency for an action taken pursuant to the authorizations of this act.
SECTION16.This act takes effect upon approval by the Governor./