Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the words of the Psalmist! (Psalm 113:4-5:)
"The Lord is high above all nations, and His glory above the heavens!
Who is like the Lord our God, who is seated on high...?"
Let us pray.
Lord God, You have led us and helped us through many days!
Help us to "tidy up" our portion of our Ship-of-State, so that no pressing decisions are left pending, and no necessary causes are left unchampioned. Help us to make no immature judgments!
You clothe the earth with its mantle of life and beauty. You lay across the fields the green quilt of growing things that give food and nourishment for mankind and the beasts.
So, inspire us, even in these closing days, that we may do our part in our joint stewardship.
Grant, O Lord, that in both production and distribution no one may lack, and all may share, in the fruits of the good earth! Amen!
Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.
At 11:05 A.M., on motion of Senator GIESE, the Senate receded from business pending the presence of a quorum.
At 11:20 A.M., a quorum being present, the Senate resumed.
Senator SETZLER rose to a Point of Personal Privilege.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
June 2, 1998
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, Sumter County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Joseph B. Davis, Jr., Post Office Box 1272, Sumter, S.C. 29150-1272 VICE L. Earl Pack
June 4, 1998
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the First Congressional District," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, State Board for Technical and Comprehensive Education, with term to commence July 1, 1997, and to expire July 1, 2003:
1st Congressional District:
Mr. Paul G. Campbell, Jr., 150 Loganbery Circle, Goose Creek, S.C. 29445 VICE Eugene D. Foxworth, Jr. (deceased)
June 12, 1998
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, Beaufort County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Joseph N. Kline, 42 Kline Circle, Seabrook, S.C. 29940
Reappointment, Colleton County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Kenneth A. Campbell, Jr., Post Office Box 1732, Walterboro, S.C. 29488
June 15, 1998
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, Charleston County Voter Registration Board, with term to commence March 15, 1998, and to expire March 15, 2000:
Ms. Gertrude D. Brown, 1449 Swamp Angel Court, Charleston, S.C. 29412
Columbia, S.C., June 16, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.438, S. 1248 by a vote of 6 to 0:
(R438) S. 1248 -- Senator Elliott: AN ACT TO AMEND ACT 742 OF 1946, AS AMENDED, SO AS TO REVISE THE REQUIRED TOWNSHIPS FROM WHICH MEMBERS OF THE LORIS COMMUNITY HOSPITAL COMMISSION MUST BE APPOINTED.
Very respectfully,
Speaker of the House
(R438) S. 1248 -- Senator Elliott: AN ACT TO AMEND ACT 742 OF 1946, AS AMENDED, SO AS TO REVISE THE REQUIRED TOWNSHIPS FROM WHICH MEMBERS OF THE LORIS COMMUNITY HOSPITAL COMMISSION MUST BE APPOINTED.
June 8, 1998
The Honorable Robert L. Peeler
President of the Senate
Post Office Box 142
Columbia, S.C. 29202
Dear Mr. President and Members of the Senate:
I am hereby returning without my signature S. 1248, R. 438, an Act:
AN ACT TO AMEND ACT 742 OF 1946, AS AMENDED, SO AS TO REVISE THE REQUIRED TOWNSHIPS FROM WHICH MEMBERS OF THE LORIS COMMUNITY HOSPITAL COMMISSION MUST BE APPOINTED.
This veto is based upon my belief that S. 1248, R. 438, is unconstitutional. Article VIII, Section 7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be enacted."
For the above reason, I am vetoing S. 1248, R. 438 of 1998.
Sincerely,
David M. Beasley
The veto of the Governor was taken up for immediate consideration.
Senator ELLIOTT moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., June 16, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.435, S. 1219 by a vote of 2 to 0:
(R435) S. 1219 -- Senator Land: AN ACT TO AMEND ACT 375 OF 1947, AS AMENDED, RELATING TO THE CLARENDON HOSPITAL DISTRICT, SO AS TO REVISE THE POWERS OF THE DISTRICT'S BOARD OF TRUSTEES AND TO PROVIDE THAT EIGHT MEMBERS OF THE BOARD ARE APPOINTED BY THE GOVERNOR UPON RECOMMENDATION OF A MAJORITY OF THE CLARENDON COUNTY LEGISLATIVE DELEGATION INSTEAD OF THE GOVERNING BODY OF THE COUNTY.
Very respectfully,
Speaker of the House
(R435) S. 1219 -- Senator Land: AN ACT TO AMEND ACT 375 OF 1947, AS AMENDED, RELATING TO THE CLARENDON HOSPITAL DISTRICT, SO AS TO REVISE THE POWERS OF THE DISTRICT'S BOARD OF TRUSTEES AND TO PROVIDE THAT EIGHT MEMBERS OF THE BOARD ARE APPOINTED BY THE GOVERNOR UPON RECOMMENDATION OF A MAJORITY OF THE CLARENDON COUNTY LEGISLATIVE DELEGATION INSTEAD OF THE GOVERNING BODY OF THE COUNTY.
June 8, 1998
The Honorable Robert L. Peeler
President of the Senate
Post Office Box 142
Columbia, S.C. 29202
Dear Mr. President and Members of the Senate:
I am hereby returning without my signature S. 1219, R. 435, an Act:
TO AMEND ACT 375 OF 1947, AS AMENDED, RELATING TO THE CLARENDON HOSPITAL DISTRICT, SO AS TO REVISE THE POWERS OF THE DISTRICT'S BOARD OF TRUSTEES AND TO PROVIDE THAT EIGHT MEMBERS OF THE BOARD ARE APPOINTED BY THE GOVERNOR UPON RECOMMENDATION OF A MAJORITY OF THE CLARENDON COUNTY LEGISLATIVE DELEGATION INSTEAD OF THE GOVERNING BODY OF THE COUNTY.
This veto is based upon my belief that S. 1219, R. 435 of 1998, is unconstitutional. It is clearly an act for a specific county. Article VIII, Section 7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be enacted."
For the above reason, I am returning S. 1219, R. 435, without my signature.
Sincerely,
David M. Beasley
The veto of the Governor was taken up for immediate consideration.
Senator LEVENTIS moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., June 16, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.501, H. 5143 by a vote of 2 to 0:
(R501) H. 5143 -- Rep. Fleming: AN ACT TO ENACT THE SCHOOL DISTRICT OF UNION COUNTY SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN UNION COUNTY NOT TO EXCEED TWO PERCENT FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION; AND TO AMEND ACT 79 OF 1955, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF UNION COUNTY, SO AS TO DELETE PROVISIONS PERTAINING TO CERTAIN PROCEDURAL MATTERS OF THE BOARD AND COMPENSATION OF BOARD MEMBERS.
Very respectfully,
Speaker of the House
(R501) H. 5143 -- Rep. Fleming: AN ACT TO ENACT THE SCHOOL DISTRICT OF UNION COUNTY SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN UNION COUNTY NOT TO EXCEED TWO PERCENT FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION; AND TO AMEND ACT 79 OF 1955, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF UNION COUNTY, SO AS TO DELETE PROVISIONS PERTAINING TO CERTAIN PROCEDURAL MATTERS OF THE BOARD AND COMPENSATION OF BOARD MEMBERS.
The veto of the Governor was taken up for immediate consideration.
Senator LANDER moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., June 16, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.486, H. 4922 by a vote of 43 to 52:
(R486) H. 4922 -- Reps. Harrison, Jennings, Altman, Knotts, McMaster and Maddox: AN ACT TO AMEND SECTION 56-5-2780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY ASSOCIATED WITH UNLAWFULLY PASSING A STOPPED SCHOOL BUS, SO AS TO REVISE THE PENALTY FOR A FIRST OFFENSE.
Very respectfully,
Speaker of the House
Received as information.
The following were received and referred to the appropriate committees for consideration:
Document No. 2219
Promulgated by Clemson University
Non-Motorized Vehicles
Received by Lt. Governor June 16, 1998
Referred to Senate Committee on Transportation
120 day review expiration date October 14, 1998
Subject to Sine Die Revision
Document No. 2315
Promulgated by Department of Consumer Affairs
Adjustment of Dollar Amounts
Received by Lt. Governor June 16, 1998
Referred to Senate Committee on Banking and Insurance
120 day review expiration date October 14, 1998
Subject to Sine Die Revision
On motion of Senator RAVENEL, at 11:30 A.M., Senator CORK was granted a leave of absence for today.
On motion of Senator SETZLER, at 12:00 Noon, Senator McGILL was granted a leave of absence until 2:00 P.M.
Senator DRUMMOND moved that, when the Senate adjourns today, it stand adjourned to meet tomorrow at 10:30 A.M. and that the PRESIDENT is authorized to set a convenient time for the Ratification of Acts and, further, that upon conclusion of the Ratification of Acts, the Senate stand adjourned Sine Die.
There was no objection and the motion was adopted.
H. 5233 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING MR. PEARL FRYAR OF LEE COUNTY FOR HIS CONTRIBUTIONS TO HIS COMMUNITY AND TO THE PALMETTO STATE, AND DESIGNATING JUNE 27, 1998, AS "PEARL FRYAR DAY" IN SOUTH CAROLINA.
Senator LAND asked unanimous consent to make a motion to recall the Resolution from the Committee on Invitations.
There was no objection.
Senator LAND asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution, the question being the adoption of the Resolution.
On motion of Senator LAND, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House.
Senator ANDERSON made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator SETZLER moved that a Call of the Senate be made. The following Senators answered the call:
Alexander Anderson Branton Bryan Courson Courtney Drummond Elliott Fair Ford Giese Glover Grooms Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin McConnell McGill Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
A quorum being present, the Senate resumed.
The following were introduced:
S. 1292 -- Senator Washington: A CONCURRENT RESOLUTION THAT THE MEMBERS OF THE GENERAL ASSEMBLY CONGRATULATE DAYCO WALTERBORO ON TWENTY-FIVE YEARS OF OUTSTANDING INDUSTRY ACHIEVEMENT ON THE OCCASION OF THE PLANT'S TWENTY-FIFTH ANNIVERSARY CELEBRATION.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1293 -- Senator Lander: A SENATE RESOLUTION TO CONGRATULATE MR. JIM MILLS ON HIS TWENTY-FIVE YEARS OF DEDICATED SERVICE AS CHAPIN HIGH SCHOOL BAND DIRECTOR AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.
The Senate Resolution was adopted.
S. 1294 -- Senator J. Verne Smith: A SENATE RESOLUTION TO EXTEND THE SINCERE THANKS OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO OUR CONSCIENTIOUS OCCUPATIONAL HEALTH NURSE, VIVIAN BYERLY, AND TO EXPRESS APPRECIATION FOR A JOB WELL DONE IN TAKING CARE OF THE HEALTH NEEDS OF THE GENERAL ASSEMBLY AND ITS STAFF.
The Senate Resolution was adopted.
S. 1295 -- Senator J. Verne Smith: A SENATE RESOLUTION TO EXPRESS THE GRATITUDE AND APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO OUR LOYAL OCCUPATIONAL HEALTH NURSE, MARY NELL KREPS, FOR HER DEDICATION TO HER PROFESSION AND TO OFFER A SPECIAL THANK YOU FOR HER UNBOUNDED COMMITMENT AND ENCOURAGEMENT ON GOOD HEALTH AND PREVENTIVE CARE TO THE GENERAL ASSEMBLY AND ITS STAFF.
The Senate Resolution was adopted.
S. 1296 -- Senator Leventis: A CONCURRENT RESOLUTION COMMENDING MRS. JAN CAPUTO OF SUMTER COUNTY FOR HER EXCELLENT, DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA AS A HOME HEALTH ADMINISTRATOR AND CONGRATULATING HER ON BEING SELECTED THE 1998 OUTSTANDING STATE EMPLOYEE.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 5246 -- Reps. Scott, J. Brown, Cotty, Cromer, Harrison, Howard, McMaster, Neal, Quinn, J. Smith, Wilkins, Haskins, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harvin, Hawkins, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Mullen, Neilson, Phillips, Pinckney, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING AND THANKING THE HONORABLE ALMA W. BYRD OF RICHLAND COUNTY, OUR DEAR FRIEND AND DISTINGUISHED COLLEAGUE IN THE GENERAL ASSEMBLY, FOR HER HIGHLY DEDICATED AND OUTSTANDING SERVICE TO THE CITIZENS OF SOUTH CAROLINA AS A LEGISLATOR, AND EXTENDING BEST WISHES TO HER FOR HAPPINESS AND SUCCESS IN ALL OF HER FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5249 -- Reps. Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION CELEBRATING THE LIFE AND ACCOMPLISHMENTS OF THE LATE MARY MCLEOD BETHUNE OF MAYESVILLE, SOUTH CAROLINA, ON THE OBSERVANCE OF HER ONE HUNDRED TWENTY-THIRD BIRTHDAY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5250 -- Rep. Scott: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE HARRIET GARDIN FIELDS FOR HER DEDICATED SERVICE TO THE CITIZENS OF RICHLAND COUNTY DURING HER TENURE ON THE RICHLAND COUNTY COUNCIL AND EXTENDING BEST WISHES TO HER IN ALL HER FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5252 -- Reps. Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING AND THANKING GWENDOLYN DAVIS KENNEDY OF COLUMBIA FOR HER OUTSTANDING PUBLIC SERVICE AS A MEMBER OF RICHLAND COUNTY COUNCIL FROM 1993 TO 1997.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5254 -- Reps. Mack, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE REV. DR. BENJAMIN J. WHIPPER, WHO DIED ON SATURDAY, JUNE 13, 1998.
Whereas, The Rev. Dr. Benjamin J. Whipper, the beloved husband of our former colleague, The Hon. Lucille Simmons Whipper, and the father of our good friend, The Hon. Jackson S. "Seth" Whipper, died Saturday, June 13, 1998, after a long illness; and
Whereas, during his illness Dr. Whipper never gave up the duties of his ministry and was in the pulpit preaching until six months before his death; and
Whereas, Dr. Whipper was born in Early Branch, South Carolina, a son of Joseph Whipper and Katy Walker Whipper Campbell, and moved to North Charleston as a child. He dropped out of eighth grade to help support his family, but later returned to school, received his GED from Florida State University in the 1930's and went on to attend Morris College and Benedict College. He graduated from the Baptist College at Charleston, now Charleston Southern, in 1972 at age 60, having received an honorary doctor of divinity degree in 1967 from Morris College; and
Whereas, Dr. Whipper decided to become a minister at age twenty and studied a Bible story book and a book of sermons to pass the Baptist council test on Bible knowledge; and
Whereas, he served first at Charity Baptist Church and later at St. Matthew Baptist Church, returning to Charity Baptist a few years later; and
Whereas, he worked with the Charleston Naval Supply Center until his retirement in 1972; and
Whereas Dr. Whipper was the first president of the Baptist Educational Center Foundation of Charleston, a former moderator of the Charleston County Baptist Association, and a former treasurer of the Educational and Missionary Convention of South Carolina; and
Whereas, he served as the Baptist National Convention's assistant secretary and also was a former chairman of the board of directors with the Jenkins Orphanage, a Mason, and a member of the NAACP, the Charleston Black Voters Participation, Alpha Phi Alpha, and the Charleston Election Commission; and
Whereas, Dr. Whipper had a heart for young people as evidenced by his work in setting up several youth ministry programs, concentrating on outreach ministries; and
Whereas, he also set up a countywide tutoring program for adults to help them prepare for the GED, as well as started a radio ministry in 1984 on WZJY; and
Whereas, the B. J. Whipper and Associates for Economic Progress which allowed members to make loans among themselves at low interest rates and to help encourage long-range investments was organized by The Rev. Dr. Benjamin J. Whipper; and
Whereas, Dr. Whipper was a quiet but effective leader and was loved and admired by all who knew him; and
Whereas, few South Carolinians have impacted the State of South Carolina as did The Rev. Dr. Benjamin J. Whipper during his eighty-five years and he will be sorely missed by his wife, Lucille, and two sons, the Rev. B. J. Whipper, Jr., and Rep. J. Seth Whipper, and four daughters, Ogretta W. Hawkins, Rosmond Whipper-Black, D'Jaris D. Whipper-Lewis, and Cheryl Whipper-Hamilton, three sisters, Helen W. Joy, Josie Bell W. Smith, and Ardel Whipper, fifteen grandchildren, nine great-grandchildren, and his many, many friends and congregation; and
Whereas, it is only fitting and proper that the members of the General Assembly pause in their deliberations to note the passing of so great a son of South Carolina. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby extend their deepest sympathy to the family and many friends of The Rev. Dr. Benjamin J. Whipper who died on Saturday, June 13, 1998.
Be it further resolved that a copy of this resolution be forwarded to his family in care of The Hon. Lucille S. Whipper.
The question then was the adoption of the Concurrent Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
The Concurrent Resolution was adopted, ordered sent to the House.
Columbia, S.C., June 16, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Fleming, Altman and McMaster of the Committee of Conference on the part of the House on:
H. 4804 -- Rep. Jennings: A BILL TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THREATENING THE LIFE, PERSON, OR FAMILY OF A PUBLIC OFFICIAL, TEACHER OR PRINCIPAL, SO AS TO MAKE IT UNLAWFUL TO THREATEN THE LIFE, PERSON, OR FAMILY OF ANY PUBLIC EMPLOYEE, AND REVISE THE PENALTIES FOR VIOLATION.
Very respectfully,
Speaker of the House
H. 4804 -- Rep. Jennings: A BILL TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THREATENING THE LIFE, PERSON, OR FAMILY OF A PUBLIC OFFICIAL, TEACHER OR PRINCIPAL, SO AS TO MAKE IT UNLAWFUL TO THREATEN THE LIFE, PERSON, OR FAMILY OF ANY PUBLIC EMPLOYEE, AND REVISE THE PENALTIES FOR VIOLATION.
On motion of Senator WILSON, the Senate insisted upon its amendments to H. 4804 and asked for a Committee of Conference.
Whereupon, the PRESIDENT Pro Tempore appointed Senators BRYAN, WILSON and FORD of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
H. 4804 -- Rep. Jennings: A BILL TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THREATENING THE LIFE, PERSON, OR FAMILY OF A PUBLIC OFFICIAL, TEACHER OR PRINCIPAL, SO AS TO MAKE IT UNLAWFUL TO THREATEN THE LIFE, PERSON, OR FAMILY OF ANY PUBLIC EMPLOYEE, AND REVISE THE PENALTIES FOR VIOLATION.
On motion of Senator WILSON, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator WILSON spoke on the report.
On motion of Senator WILSON, the Report of the Committee of Conference to H. 4804 was adopted as follows:
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4804 -- Rep. Jennings: A BILL TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THREATENING THE LIFE, PERSON, OR FAMILY OF A PUBLIC OFFICIAL, TEACHER OR PRINCIPAL, SO AS TO MAKE IT UNLAWFUL TO THREATEN THE LIFE, PERSON, OR FAMILY OF ANY PUBLIC EMPLOYEE, AND REVISE THE PENALTIES FOR VIOLATION.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 16-3-1040 of the 1976 Code, as last amended by Act 579 of 1990, is further amended to read:
"Section 16-3-1040. (A) It is unlawful for any a person to knowingly and wilfully to deliver or convey to a public official or to a teacher or principal of an elementary or secondary school any letter or paper, writing, print, missive, document, or electronic communication or any verbal or electronic communication which contains any a threat to take the life of or to inflict bodily harm upon the public official, teacher, or principal, or members of their his immediate families family if the threat is directly related to the public official's, teacher's, or principal's professional responsibilities.
(B) It is unlawful for a person knowingly and wilfully to deliver or convey to a public employee a letter or paper, writing, print, missive, document, or electronic communication or verbal or electronic communication which contains a threat to take the life of or to inflict bodily harm upon the public employee or members of his immediate family if the threat is directly related to the public employee's official responsibilities.
(C) Any A person violating who violates the provisions of this section subsection (A) must, upon conviction, must be punished by a term of imprisonment of fined not more than five thousand dollars or imprisoned not more than five years, or both.
(D) A person who violates the provisions of subsection (B), upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(E) For purposes of this section:
(1) 'Public official' means any an elected or appointed official of the United States or of this State or of a county, municipality, or other political subdivision of this State.
(2) 'Public employee' means a person employed by the State, a county, a municipality, a school district, or a political subdivision of this State, except that for purposes of this section, a 'public employee' does not include a teacher or principal of an elementary or secondary school.
(3) 'Immediate family' means the spouse, child, grandchild, mother, father, sister, or brother of the public official, teacher, or principal, or public employee."
SECTION 2. This act is known and may be cited as the "South Carolina School Safety Act of 1998".
SECTION 3. The 1976 Code is amended by adding:
"Section 5-7-12. (A) The governing body of a municipality or county may upon the request of any other governing body or of any other political subdivision of the State, including school districts, designate certain officers to be assigned to the duty of a school resource officer and to work within the school systems of the municipality or county. The person assigned as a school resource officer shall have statewide jurisdiction to arrest persons committing crimes in connection with a school activity or school-sponsored event. When acting pursuant to this section and outside of the sworn municipality or county of the school resource officer, the officer shall enjoy all authority, rights, privileges, and immunities, including coverage under the workers' compensation laws that he would have enjoyed if operating in his sworn jurisdiction.
(B) For purposes of this section, a 'school resource officer' is defined as a person who is a sworn law enforcement officer pursuant to the requirements of any jurisdiction of this State, who has completed the basic course of instruction for School Resource Officers as provided or recognized by the National Association of School Resource Officers or the South Carolina Criminal Justice Academy, and who is assigned to one or more school districts within this State to have as a primary duty the responsibility to act as a law enforcement officer, advisor, and teacher for that school district."
SECTION 4. The 1976 Code is amended by adding:
"Section 59-63-335. Failure of a school administrator to report criminal conduct as set forth in Section 59-24-60 or failure to report information concerning school-related crime pursuant to Section 59-63-330 shall subject the administrator and the school district to liability for payment of a party's attorney's fees and the costs associated with an action to seek a writ of mandamus to compel the administrator and school district to comply with Section 59-24-60 or 59-63-330."
SECTION 5. Section 59-63-360 of the 1976 Code, as added by Act 324 of 1996, is amended to read:
"Section 59-63-360. The Attorney General shall monitor all reported school crimes. The Attorney General or his designee may represent the local school district when the a criminal case is appealed to an appellate court of competent jurisdiction."
SECTION 6. Section 59-63-370 of the 1976 Code, as added by Act 80 of 1997, is amended to read:
"Section 59-63-370. Notwithstanding any other provision of law:
(1) When a student who is convicted of or adjudicated delinquent for assault and battery against school personnel, as defined in Section 16-3-612, assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity, or a violent offense as defined in Section 16-1-60, an offense in which a weapon as defined in Section 59-63-370 was used, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44 is assigned to the Department of Juvenile Justice, the Department of Corrections, or to the Department of Probation, Parole and Pardon Services, that agency is required to provide immediate notice of the student's conviction or adjudication to the senior administrator of the school in which the student is enrolled, or intends to be enrolled, or was last enrolled. These agencies are authorized to request information concerning school enrollment from the students a student convicted of or adjudicated delinquent for assault and battery against school personnel or a violent an offense listed in this item.
(2) When a student convicted of or adjudicated delinquent for assault and battery against school personnel or assault and battery of a high and aggravated nature against school personnel an offense listed in item (1) of this section is not sentenced to incarceration or probation, the presiding judge shall as part of his sentence order the clerk of the municipal, magistrate, or general sessions court to provide, within ten days, notification of the student's sentence to the appropriate school district for inclusion in the student's permanent record. If the student is under the jurisdiction of the family court and is not referred to the Department of Juvenile Justice, the prosecuting agency must provide notification within ten days to the appropriate school district.
(3) An administrator notified pursuant to this section is required to notify each teacher or instructor in whose class the student is enrolled of a student's conviction of or adjudication for assault and battery against school personnel, assault and battery of a high and aggravated nature against school personnel, or a violent crime as defined in Section 16-1-60 an offense listed in item (1) of this section. This notification must be made to the appropriate teachers or instructors every year the student is enrolled in school.
(4) If a student is convicted of or adjudicated delinquent for assault and battery against school personnel, assault and battery of a high and aggravated nature against school personnel, or a violent crime as defined in Section 16-1-60, an offense listed in item (1) of this section, information concerning the conviction or adjudication and sentencing must be placed in the student's permanent school record and must be forwarded with the student's permanent school records if the student transfers to another school or school district.
A 'weapon', as used in this section, means a firearm, knife with a blade-length of over two inches, dirk, razor, metal knuckles, slingshot, bludgeon, or any other deadly instrument used for the infliction of bodily harm or death."
SECTION 7. Section 20-7-8505 of the 1976 Code, as added by Act 383 of 1996, is amended to read:
"Section 20-7-8505. Records and information of the department pertaining to juveniles shall be confidential as provided in Section 20-7-8510; provided, however, that where necessary and appropriate to ensure the provision and coordination of services and assistance to a juvenile under the custody or supervision of the department, the director must establish policies by which the department may transmit such information and records to another department or agency of state or local government, a school district, or a private institution or facility licensed by the State as a child-serving organization, where such is required for admission or enrollment of the juvenile into a program of services, treatment, training, or education. Records and information provided to a public or private school by the Department of Juvenile Justice, the Department of Corrections, or the Department of Probation, Parole and Pardon Services must include in the case of an individual who has been adjudicated for having committed a violent crime as defined in Section 16-1-60, for a crime in which a weapon as defined in Section 59-63-370 was used, for assault and battery against school personnel, as defined in Section 16-3-612, assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44, a copy of and, if requested, information pertaining to that person's juvenile criminal record notice as set forth in Section 59-63-370. The person's juvenile criminal record must be provided by the Department of Juvenile Justice, the Department of Corrections, or the Department of Probation, Parole and Pardon Services to the principal of the school which the juvenile is eligible to attend immediately upon the person's release from the Department of Juvenile Justice. The person's juvenile criminal record must be provided by the Department of Juvenile Justice to the principal of any school to which the person is seeking enrollment, upon the principal's request. Each school district is responsible for developing a policy for schools to follow within the district which ensures that the confidential nature of these records and of the other information received is maintained. This policy must include at a minimum the retention of the juvenile's criminal record, and other information relating to his criminal record, in the juvenile's school disciplinary file, or in some other confidential location, restricting access to the file and to its contents to school personnel as deemed necessary and appropriate to meet and adequately address the educational needs of the juvenile and for the destruction of these records upon the juvenile's completion of secondary school, or upon reaching twenty-one years of age."
SECTION 8. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/James E. Bryan, Jr. /s/Joseph D. McMaster /s/Addison G. "Joe" Wilson /s/Ronald N. Fleming /s/Robert Ford John G. Altman, Jr. On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
Columbia, S.C., June 16, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
H. 4804 -- Rep. Jennings: A BILL TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THREATENING THE LIFE, PERSON, OR FAMILY OF A PUBLIC OFFICIAL, TEACHER OR PRINCIPAL, SO AS TO MAKE IT UNLAWFUL TO THREATEN THE LIFE, PERSON, OR FAMILY OF ANY PUBLIC EMPLOYEE, AND REVISE THE PENALTIES FOR VIOLATION.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 16, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that the report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification:
H. 4804 -- Rep. Jennings: A BILL TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THREATENING THE LIFE, PERSON, OR FAMILY OF A PUBLIC OFFICIAL, TEACHER OR PRINCIPAL, SO AS TO MAKE IT UNLAWFUL TO THREATEN THE LIFE, PERSON, OR FAMILY OF ANY PUBLIC EMPLOYEE, AND REVISE THE PENALTIES FOR VIOLATION.
Very respectfully,
Speaker of the House
Received as information.
At 11:55 A.M., the Senate receded from business for the purpose of attending the 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 the Joint Assembly had convened under the terms of a Concurrent Resolution adopted by both Houses:
H. 5159 -- Reps. Wilkins, Haskins, Harrison, Cato, H. Brown, Townsend, J. Brown, Sharpe and D. Smith: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 4, 1998, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, JUNE 16, 1998, IN STATEWIDE SESSION AND THEREAFTER ON JUNE 16 TO MEET IN JOINT ASSEMBLY AT 12:00 NOON FOR JUDICIAL ELECTIONS AND A MEMBER OF THE CONSUMER AFFAIRS COMMISSION AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL THURSDAY, JUNE 18, 1998, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS ON THURSDAY, JUNE 18, 1998, NOT LATER THAN 5:00 P.M., THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, First Judicial Circuit, Seat #1.
Representative Delleney, Chairman of the Judicial Screening Committee, indicated that F. Lee Prickett, Jr., James F. Walsh, Jr. and James C. Williams, Jr. had been screened and found qualified to serve.
On motion of Representative Delleney, the names of F. Lee Prickett, Jr. and James F. Walsh, Jr. were withdrawn from consideration.
Representative Delleney placed the name of James C. Williams, Jr. in nomination.
Representative Delleney moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable James C. Williams, Jr. was elected to the position of Judge, First Judicial Circuit, Seat #1, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Eighth Judicial Circuit, Seat #1.
Representative Delleney, Chairman of the Judicial Screening Committee, indicated that Mr. John R. McCravy, III, the Honorable John M. Rucker, and the Honorable Wyatt T. Saunders, Jr. had been screened and found qualified to serve.
On motion of Representative Delleney, the names of Mr. John R. McCravy, III, and the Honorable John M. Rucker were withdrawn from consideration.
Representative Delleney placed the name of the Honorable Wyatt T. Saunders, Jr. in nomination.
Representative Delleney moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Wyatt T. Saunders, Jr. was elected to the position of Judge, Eighth Judicial Circuit, Seat #1 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Fifteenth Judicial Circuit, Seat #2.
Representative Delleney, Chairman of the Judicial Screening Committee, indicated that Mr. Steven H. John, the Honorable Paula H. Thomas and Mr. Ralph J. Wilson had been screened and found qualified to serve.
On motion of Representative Delleney, the name of Mr. Steven H. John and Mr. Ralph J. Wilson were withdrawn from consideration.
Representative Delleney placed the names of the Honorable Paula H. Thomas in nomination.
Representative Delleney moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Paula H. Thomas was elected to the position of Judge, Fifteenth Judicial Circuit, Seat #2 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to fill the position on the South Carolina Consumer Affairs Commission, Seat #1.
Senator COURTNEY, Chairman of the Committee to Screen Candidates for the Consumer Affairs Commission, indicated that Mr. Reese E. Griffin, Mr. Landrum H. Henderson, Jr., Mr. B.J. MacInnis, Mr. Louis Mayrant, Jr., Mr. Aubrey Powell, Mr. William R. Preston, Mrs. Kathy Kern Ross, and Mr. Ron G. Skipper had been screened and found qualified to serve.
On motion of Senator COURTNEY, the names of Mr. Landrum H. Henderson, Jr., Mr. William R. Preston, and Mr. Ron G. Skipper were withdrawn from consideration.
Senator COURTNEY placed the names of Mr. Reese E. Griffin, Mr. B. J. MacInnis, Mr. Louis Mayrant, Jr., Mr. Aubrey Powell, and Mrs. Kathy Kern Ross in nomination.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Griffin:
Courtney Fair Hayes Leatherman Peeler Russell
The following named Senators voted for Mr. MacInnis:
Giese
The following named Senators voted for Mr. Mayrant:
Alexander Anderson Branton Bryan Drummond Elliott Ford Glover Gregory Grooms Holland Hutto Jackson Land Lander Martin Matthews McConnell Moore O'Dell Passailaigue Patterson Ravenel Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington
The following named Senators voted for Mr. Powell:
Courson Wilson
The following named Senators voted for Mrs. Ross:
On motion of Representative Haskins, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Griffin:
Allison Barfield Beck Bowers Brown, H. Campsen Cooper Easterday Edge Hamilton Harvin Haskins Keegan Kelley Leach Loftis Martin Mason Meacham Mullen Rodgers Sandifer Smith, D. Smith, R. Stoddard Townsend Tripp Trotter Vaughn Whatley Witherspoon Woodrum Young-Brickell
The following named Representatives voted for Mr. MacInnis:
The following named Representatives voted for Mr. Mayrant:
Bailey Barrett Battle Baxley Breeland Brown, G. Brown, J. Byrd Canty Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cromer Dantzler Davenport Delleney Emory Felder Gourdine Govan Harrell Harris Harrison Hawkins Hines, J. Hines, M. Hinson Howard Inabinett Jennings Kennedy Kinon Kirsh Klauber Lanford Lee Limehouse Littlejohn Lloyd Mack McAbee McCraw McGee McKay McLeod McMahand McMaster Moody-Lawrence Neal Neilson Pinckney Rhoad Scott Seithel Sharpe Sheheen Simrill Smith, F. Webb Wilder Wilkes Young
The following named Representatives voted for Mr. Powell:
Bauer Fleming Knotts Koon Law Rice Riser Robinson Spearman Stuart
The following named Representatives voted for Mrs. Ross:
Smith, J.
Total Number of Senators voting 40
Total Number of Representatives voting 109
Grand Total 149
Necessary to a choice 75
Of which Mr. Griffin received 39
Of which Mr. MacInnis received 1
Of which Mr. Mayrant received 96
Of which Mr. Powell received 12
Of which Mrs. Ross received 1
Whereupon, the PRESIDENT announced that the Honorable Louis Mayrant, Jr. was elected to the Consumer Affairs Commission, Seat #1 for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned; whereupon, the Senate returned to its Chamber, and was called to order by its PRESIDENT.
At 12:30 P.M., the Senate reconvened.
H. 4346 -- Reps. Stuart, Stoddard, Leach, Rodgers, Loftis, Martin, Neal, Mason, Stille, Walker and Woodrum: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE CERTAIN PRODUCTION AND DISTRIBUTION GUIDELINES FOR SPECIAL LICENSE PLATES; AND TO AMEND SECTION 56-3-3710, AS AMENDED, RELATING TO THE PRODUCTION AND DISTRIBUTION OF SPECIAL COLLEGE AND UNIVERSITY LICENSE PLATES, SO AS TO REVISE THE PROCEDURE TO REQUEST A CHANGE IN A LICENSE PLATE EMBLEM, SEAL, OR SYMBOL.
On motion of Senator HUTTO, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator HUTTO spoke on the report.
Senator SALEEBY asked unanimous consent, with Senator HUTTO retaining the floor, to make a motion to take up S. 1074 for immediate consideration.
Senator RYBERG objected.
Senator LAND raised a Point of Order that the Conference Report under discussion was out of order inasmuch as Free Conference Powers were granted and the Report of the Committee of Free Conference on H. 4346 had been adopted previously and, therefore, the adoption of the Free Conference Report would have to be reconsidered before the instant Report could be made to the Senate.
The PRESIDENT sustained the Point of Order.
S. 310 -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 71, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, SO AS TO ENACT THE SOUTH CAROLINA PATIENTS' INSURANCE AND BENEFITS PROTECTION ACT WHICH DEFINES CERTAIN HEALTH CARE PLANS AND OTHER TERMS; SPECIFIES CERTAIN HEALTH INSURANCE COVERAGE OPTIONS WHEN THE INSURED OR MEMBER IS EMPLOYED BY AN EMPLOYER THAT HAS MORE THAN FIFTY ELIGIBLE EMPLOYEES; AND PROVIDES CERTAIN EXCLUSIONS FROM THE APPLICATION OF THE PROVISIONS OF THIS ARTICLE.
The Senate proceeded to a consideration of the Bill.
Senator SALEEBY raised a Point of Order under Rule 37 that the Report of the Committee of Conference had not been on the Desk for one statewide legislative day.
The PRESIDENT sustained the Point of Order.
S. 862 -- Senator Holland: A BILL TO AMEND SECTION 16-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIME CLASSIFICATION, SO AS TO PROVIDE THAT ALL OFFENSES CLASSIFIED AS EXEMPT WITH MAXIMUM PENALTIES OF IMPRISONMENT OF FIVE YEARS OR MORE ARE FELONIES; TO AMEND SECTION 16-3-26, RELATING TO THE DEATH PENALTY, SO AS TO REQUIRE NOTICE OF A SOLICITOR'S INTENTION TO SEEK THE DEATH PENALTY TO BE IN WRITING; TO AMEND SECTION 16-3-660, RELATING TO DEPOSITION TESTIMONY, SO AS TO ALLOW A JUDGE TO ORDER VIDEO DEPOSITION OF A RAPE VICTIM WHEN THE PERSON IS A WITNESS IN THE TRIAL; TO AMEND SECTION 16-3-1240, RELATING TO THE VICTIM'S COMPENSATION PROGRAM, SO AS TO AUTHORIZE THE DISCLOSURE OF INFORMATION REGARDING A PARTICULAR APPLICANT FOR VICTIM COMPENSATION BY COURT ORDER UPON A SHOWING OF GOOD CAUSE; TO AMEND SECTION 16-11-310, RELATING TO OFFENSES AGAINST PROPERTY, SO AS TO NARROW THE DEFINITION OF "BUILDING"; TO AMEND SECTION 16-11-617, RELATING TO THE OFFENSE OF ENTERING ANOTHER'S PROPERTY FOR THE PURPOSE OF CULTIVATING MARIJUANA, SO AS TO REQUIRE THAT THE OFFENSE BE COMMITTED WILFULLY; TO AMEND SECTION 16-11-650, RELATING TO THE OFFENSE OF REMOVING A FENCE, SO AS TO REQUIRE THAT THE OFFENSE BE COMMITTED INTENTIONALLY; TO AMEND SECTION 16-13-60, RELATING TO THE OFFENSE OF STEALING DOGS, SO AS TO REQUIRE THAT THE OFFENSE BE COMMITTED WITH THE INTENT TO PERMANENTLY DEPRIVE THE OWNER THEREOF; TO AMEND SECTION 16-25-70, AS AMENDED, RELATING TO THE CRIME OF DOMESTIC VIOLENCE, SO AS TO DELETE THE TERM "FAMILY VIOLENCE"; TO AMEND SECTION 17-4-20, RELATING TO THE COMMISSION OF APPELLATE DEFENSE, SO AS TO REPLACE THE MEMBERSHIP SEAT ALLOCATED TO THE SOUTH CAROLINA TRIAL LAWYERS ASSOCIATION WITH ONE ALLOCATED TO THE SOUTH CAROLINA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS; TO AMEND SECTION 17-13-141, RELATING TO RECORDS KEPT BY JUDICIAL OFFICERS, SO AS TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO PRESCRIBE FORMS; TO AMEND SECTION 17-13-160, RELATING TO FORMS OF ARREST AND SEARCH WARRANTS, SO AS TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO PRESCRIBE FORMS; TO AMEND SECTION 17-15-40, RELATING TO BAIL AND RECOGNIZANCE FORMS, SO AS TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO PRESCRIBE THE FORMS; TO AMEND SECTION 17-19-80, RELATING TO INDICTMENTS, SO AS TO REQUIRE THAT A PERSON INDICTED OF A CAPITAL OFFENSE BE GIVEN A COPY OF THE INDICTMENT THIRTY DAYS BEFORE TRIAL; TO AMEND SECTION 17-21-80, RELATING TO CHANGE OF VENUE, SO AS TO AUTHORIZE A JUDGE TO CHANGE THE VENUE IN A CRIMINAL CASE TO ANOTHER COUNTY; TO AMEND SECTION 23-3-480, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE THAT A SEX OFFENDER MAY NOT BE PENALIZED FOR FAILING TO REGISTER IF HE WAS CONVICTED OF A SPECIFIC OFFENSE PRIOR TO JULY 1, 1994; TO AMEND SECTION 56-1-1380, RELATING TO A PROVISIONAL DRIVER'S LICENSE, SO AS TO PROVIDE THAT A RESIDENT OF THIS STATE WHO IS CONVICTED OF A TRAFFIC OFFENSE IN ANOTHER STATE MAY APPLY FOR A PROVISIONAL LICENSE IF HIS DRIVER'S LICENSE IS SUSPENDED AS A RESULT OF THE CONVICTION; AND TO REPEAL SECTIONS 16-3-410, 16-3-420, 16-3-430, 16-3-440, 16-3-450, 16-3-460, 16-3-720, 16-11-720, 17-13-70, 17-13-100, AND 17-13-110.
The Bill was returned from the House with amendments.
The Senate proceeded to a consideration of the Bill.
On motion of Senator SALEEBY, the Bill was carried over.
S. 1074 -- Senator Saleeby: A BILL TO AMEND ARTICLE 7, CHAPTER 4, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE CONTROL LAWS AFFECTING WINE ONLY, BY ADDING SECTION 61-4-735 SO AS TO REGULATE CERTAIN PRACTICES BETWEEN WINE MANUFACTURERS, WHOLESALERS, AND RETAILERS, AND TO PROVIDE FOR OTHER PRACTICES AND PROCEDURES APPLICABLE TO THE SALE OF WINE.
Senator SALEEBY asked unanimous consent to take up the Bill for immediate consideration.
The House returned the Bill with amendments.
Senator SALEEBY moved to concur with the House amendments.
Senator RYBERG moved to table the motion to concur.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Courson Drummond Fair Giese Grooms Hayes Leatherman Martin Moore Russell Ryberg Smith, J. Verne Thomas Waldrep
Branton Bryan Courtney Elliott Ford Glover Holland Hutto Jackson Land Lander Leventis Matthews McConnell McGill O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Saleeby Setzler Short Washington Wilson
The Senate refused to table the motion to concur.
The question then was concurrence.
Senator RYBERG argued contra to concurrence.
On motion of Senator SALEEBY, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
Senator RYBERG desired to be recorded as voting against concurrence.
Columbia, S.C., June 16, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
S. 310 -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 71, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, SO AS TO ENACT THE SOUTH CAROLINA PATIENTS' INSURANCE AND BENEFITS PROTECTION ACT WHICH DEFINES CERTAIN HEALTH CARE PLANS AND OTHER TERMS; SPECIFIES CERTAIN HEALTH INSURANCE COVERAGE OPTIONS WHEN THE INSURED OR MEMBER IS EMPLOYED BY AN EMPLOYER THAT HAS MORE THAN FIFTY ELIGIBLE EMPLOYEES; AND PROVIDES CERTAIN EXCLUSIONS FROM THE APPLICATION OF THE PROVISIONS OF THIS ARTICLE.
Very respectfully,
Speaker of the House
S. 310 -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 71, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, SO AS TO ENACT THE SOUTH CAROLINA PATIENTS' INSURANCE AND BENEFITS PROTECTION ACT WHICH DEFINES CERTAIN HEALTH CARE PLANS AND OTHER TERMS; SPECIFIES CERTAIN HEALTH INSURANCE COVERAGE OPTIONS WHEN THE INSURED OR MEMBER IS EMPLOYED BY AN EMPLOYER THAT HAS MORE THAN FIFTY ELIGIBLE EMPLOYEES; AND PROVIDES CERTAIN EXCLUSIONS FROM THE APPLICATION OF THE PROVISIONS OF THIS ARTICLE.
On motion of Senator McCONNELL, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator McCONNELL spoke on the report.
On motion of Senator McCONNELL, the Report of the Committee of Conference to S. 310 was adopted as follows:
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 310 -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 71, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, SO AS TO ENACT THE SOUTH CAROLINA PATIENTS' INSURANCE AND BENEFITS PROTECTION ACT WHICH DEFINES CERTAIN HEALTH CARE PLANS AND OTHER TERMS; SPECIFIES CERTAIN HEALTH INSURANCE COVERAGE OPTIONS WHEN THE INSURED OR MEMBER IS EMPLOYED BY AN EMPLOYER THAT HAS MORE THAN FIFTY ELIGIBLE EMPLOYEES; AND PROVIDES CERTAIN EXCLUSIONS FROM THE APPLICATION OF THE PROVISIONS OF THIS ARTICLE.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Chapter 71, Title 38 of the 1976 Code is amended by adding:
Section 38-71-1710. This article may be cited as the 'South Carolina Patients' Insurance and Benefits Protection Act'.
Section 38-71-1720. As used in this article:
(1) 'Closed panel health plan' means a network plan that requires an insured or a member to seek covered health care services or supplies, except in the case of emergency, exclusively from network providers.
(2) 'Eligibility' means the time at which an insured or a member is entitled to enroll under the terms of the coverage offered by the network plan by virtue of:
(a) terms of employment;
(b) an annual open enrollment period; or
(c) at any other time during which the network plan's procedures or South Carolina law allows enrollment in the plan or allows renewal in the plan.
(3) 'Health insurance coverage' means coverage as defined in Section 38-71-840(14).
(4) 'Network plan' means a plan as defined in Section 38-71-840(24).
(5) 'Network providers' means those entities and individuals who provide covered health care services or supplies to an insured or a member pursuant to a contract with a network plan to act as a participating provider.
(6) 'Open panel health plan' means a plan which permits an insured or a member to seek covered health care services or supplies exclusively from an out-of-network provider.
(7) 'Out-of-network providers' means those entities and individuals who provide covered health care services or supplies who are not network providers.
(8) 'Point-of-service option' means a network plan that provides benefits for services or supplies provided by network providers and provides benefits for services or supplies provided by nonparticipating network providers.
(a) In-network covered health care services provided through a licensed health maintenance organization are governed by and subject to the provisions of Chapter 33 of this title.
(b) Out-of-network coverage may be underwritten by and provided through the health maintenance organization or through a licensed insurance company. The Director of Insurance may promulgate regulations as necessary or appropriate to implement the provisions of this subsection.
(c) Any benefit limitation for out-of-network covered health care services applied to an annual or lifetime benefit limitation may be offset against the benefit limitation applicable to in-network covered health care services or supplies, regardless of whether out-of-network coverage is provided through a health maintenance organization or an insurance company.
(d) The rating methods used to establish premiums for the point-of-service option must be based on actuarially sound principles.
Section 38-71-1730. (A) For purposes of health plans offered pursuant to this section:
(1) An employer who employs more than fifty eligible employees and who offers to employees major medical, hospitalization, and surgical health insurance coverage only under a closed panel health plan, also shall offer to employees at the time of their eligibility as major medical, hospitalization, and surgical health insurance coverage a point-of-service option. An employee of an employer offering only a closed panel health plan has the right to choose whether to remain in the closed panel health plan or to choose a point-of-service option.
(2) An employer may require an employee who chooses a point-of-service option to be responsible for payment of premiums, deductibles, copayments, or other payments in excess of the benefits provided by the closed panel health plan.
(3) Differences between coinsurance percentages for in-network and out-of-network covered health care services or supplies in a point-of-service option may not exceed a maximum differential of twenty percent. The coinsurance percentage for in-network and out-of-network covered health care services or supplies provided by dentists may not exceed a maximum difference of five percent.
(4) An employee, a spouse, or a dependent receiving treatment for an illness covered under a closed panel health plan may continue to receive services from a provider who elects to discontinue participation as a closed panel plan provider, subject to the terms of the contract between the provider and the health plan. This right of continuation is limited to a period of ninety days or the anniversary date of the plan, whichever occurs first.
(5) A point-of-service option or closed panel health plan offered pursuant to this article may not discriminate against a physician, a podiatrist, an optometrist, an oral surgeon, or a chiropractor by excluding the provider from participating in the plan on the basis of the profession. A health care plan may not exclude these providers from providing health care services which they are licensed to provide and which are covered by the plan and as determined by medical necessity under utilization review guidelines. Nothing in this section interferes in any way with the medical decision of the primary health care provider to use or not use any health care professional on a case-by-case basis.
(6) A pharmacist may provide professional services under the pharmacist's scope of practice so long as the services are provided pursuant to a prescription written by a medical doctor or dentist with whom the patient has an established physician-patient relationship. Nothing in this subsection requires a managed care plan to provide reimbursement to a pharmacist. An advanced practice nurse functioning as authorized by the State Board of Nursing Regulation 91-6 may provide professional services under the advanced practice nurse's scope of practice so long as the services provided are pursuant to protocols by a medical doctor with whom the patient has an established physician-patient relationship. A point-of-service option offered pursuant to this section may not discriminate against an advanced practice nurse. Nothing in this subsection requires a managed care plan to provide reimbursement to an advanced practice nurse.
(7) Nothing contained in this article affects in any way a plan exempted by the federal Employee Retirement Income Security Act of 1974 or any South Carolina law in existence before January 1, 1999, and state employee health insurance programs or any political subdivision self-funded health insurance program; and this article does not affect the right of an employer to specify plan design or affect the right of a plan to credential or re-credential a provider. Nothing contained in this article affects accident-only, blanket accident and sickness, specified disease, credit, Medicare supplement, long-term care, or disability income insurance, coverage issued as a supplement to liability or other insurance coverage designed solely to provide payments on a per diem, fixed-indemnity, or nonexpense incurred basis, coverage for Medicare or Medicaid services pursuant to a contract with state or federal government, worker's compensation or similar insurance, or automobile medical payment insurance.
(B) This section applies only to employers who employ more than fifty eligible employees and who offer as major medical, hospitalization, and surgical health insurance coverage, only a closed panel health plan.
Section 38-71-1740. (A) For purposes of any health insurance plan, health maintenance organization, or any other health benefits plan offered in this State under the jurisdiction of South Carolina law:
(1) Each party to a managed care participating provider agreement is responsible for the legal consequences and costs of his own acts or omissions, or both, and is not responsible for the acts or omissions, or both, of the other party. A clause in a participating provider agreement to the contrary is unlawful in this State, as a matter of public policy, whether entered into before or after January 1, 1999.
(2) To the extent that a network plan requires an insured or a member to receive health benefits through a network of providers, the provisions of participating provider agreements may not limit the network provider's:
(a) ability to discuss with an insured or a member, the treatment options available to the insured or member, risks associated with treatments, utilization management decisions, and recommended course of treatment;
(b) legal obligations to an insured or a member as specified under the provider's professional license.
(B) Nothing in this section:
(1) prevents a network plan from prohibiting disclosure by network providers of trade secrets;
(2) subjects a network plan to liability for clinical decisions made solely by the network provider; and
(3) limits the ability of the network plan otherwise prudently to administer its provider contracts.
Section 38-71-1750. A network plan must disclose in writing, using the plain and ordinary meaning of words so as reasonably to ensure comprehension by the insured or member, and make available to an insured or a member at the time of enrollment:
(1) services or benefits under the plan, including limitations on services;
(2) rules regarding copayments, prior authorization, and review requirements that apply to the benefits plan of the insured or member;
(3) potential financial liability for the insured or member to pay for a portion of services received from an out-of-network provider;
(4) financial obligations of the insured or member for items and services both in and out of the network;
(5) the number, mix, and distribution of network providers and a current list of network providers upon request from an insured or a member;
(6) the rights and responsibilities of an insured or a member, including an explanation of any appeals process for the denial of care or services under the plan;
(7) the existence of any limitations on the choice of providers by an insured or a member."
SECTION 2. If a provision of this act or the application of the provision to a person or circumstance is held to be unconstitutional, the remainder of this act and the application of the provisions of this act to a person or circumstance is not affected.
SECTION 3. This act takes effect January 1, 1999, except that the provisions of the act applicable to employer-sponsored health plans are effective for plan years beginning on or after January 1, 1999. /
Amend title to read:
/TO AMEND CHAPTER 71, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17, SO AS TO ENACT THE SOUTH CAROLINA PATIENTS' INSURANCE AND BENEFITS PROTECTION ACT WHICH DEFINES CERTAIN HEALTH CARE PLANS AND OTHER TERMS, REQUIRES THE OFFER OF A POINT-OF-SERVICE OPTION WHEN THE INSURED OR MEMBER IS EMPLOYED BY AN EMPLOYER THAT HAS MORE THAN FIFTY ELIGIBLE EMPLOYEES AND THAT OFFERS ONLY A CLOSED PANEL HEALTH CARE PLAN, PROVIDES FOR THE DIFFERENTIALS IN PREMIUMS, DEDUCTIBLES, COPAYMENTS, AND COINSURANCE, AND PROHIBITS DISCRIMINATION BY THE HEALTH PLANS AGAINST A PHYSICIAN, A PODIATRIST, AN OPTOMETRIST, AN ORAL SURGEON, A CHIROPRACTOR, A PHARMACIST, OR AN ADVANCED PRACTICE NURSE BY REASON OF PROFESSION./
/s/Senator Glenn F. McConnell /s/Rep. Harry F. Cato /s/Senator Kay Patterson /s/Rep. Herbert Kirsh /s/Senator Larry A. Martin /s/Rep. Daniel L. Tripp On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
Columbia, S.C., June 16, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that the report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification:
S. 310 -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 71, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, SO AS TO ENACT THE SOUTH CAROLINA PATIENTS' INSURANCE AND BENEFITS PROTECTION ACT WHICH DEFINES CERTAIN HEALTH CARE PLANS AND OTHER TERMS; SPECIFIES CERTAIN HEALTH INSURANCE COVERAGE OPTIONS WHEN THE INSURED OR MEMBER IS EMPLOYED BY AN EMPLOYER THAT HAS MORE THAN FIFTY ELIGIBLE EMPLOYEES; AND PROVIDES CERTAIN EXCLUSIONS FROM THE APPLICATION OF THE PROVISIONS OF THIS ARTICLE.
Very respectfully,
Speaker of the House
Received as information.
At 12:45 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 2:00 P.M.
The Senate reassembled at 2:05 P.M. and was called to order by the ACTING PRESIDENT, Senator MARTIN.
Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.
At 2:05 P.M., on motion of Senator GIESE, the Senate receded from business pending the presence of a quorum.
At 2:20 P.M., a quorum being present, the Senate resumed.
Senator SETZLER asked unanimous consent to make a motion that the Senate stand in recess for fifteen minutes.
Senator SALEEBY objected.
Pursuant to the Clerk's Note on Thursday, June 4, 1998, the Report of the Committee of Conference on H. 4700, the General Appropriation Bill, as adopted on June 4, 1998, is incorporated by reference in the following documents: (L:S-Admin\Special\4700.1ap; 4700.1b; 4700.cap; 4700.p2 (renamed from 4961HTC.98); 4700.p3; 4700.rev; and 4700.tit).
Columbia, S.C., June 16, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
H. 4700 -- GENERAL APPROPRIATION BILL
Very respectfully,
Speaker of the House
The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
A message was sent to the House accordingly.
H. 4702 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1997-98.
Pursuant to the Clerk's Note on Thursday, June 4, 1998, the Report of the Committee of Free Conference on H. 4702, the Capital Reserve Fund Bill, as adopted on June 4, 1998, is printed as follows:
On motion of Senator DRUMMOND, with unanimous consent, the Report of the Committee of Conference was printed as follows:
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 4702 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1997-98.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the resolution, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated
from the monies available in the Capital Reserve Fund for fiscal year 1997-98 the following amounts:
(1) Election Commission - 1998 Statewide
General Election 2,088,000
(2) State Department of Education
(a) Instructional Materials (Textbooks) 5,000,000
(b) Library Materials 577,000
(c) Hold Harmless Fringe 8,500,000
(d) Bus Shops - Parts and Gas 1,450,000
(3) Budget and Control Board - School Technology 5,150,000
(4) Wil Lou Gray Opportunity School
(a) Computers 75,000
(b) Dorm Equipment 30,000
(c) Central Energy Management System 40,000
(5) Higher Education Institutional Funding 38,783,000
(6) Commission on Higher Education - EPSCOR 2,500,000
(7) State Department of Education - Governor's
School for the Arts 3,000,000
(8) School for the Deaf & Blind - Facilities and
Equipment Upgrade 245,000
(9) Higher Education Tuition Grants
Commission - Tuition Grants 500,000
(10) Judicial Department
(a) Information Technology Replacement
and Maintenance 500,000
(b) Alternate Dispute Resolution - Contractual
Services 300,000
(11) The Citadel - Continuation of
Assimilation of Women 750,000
(12) South Carolina State University - Business
School Accreditation 500,000
(13) USC Columbia - Law Library 400,000
(14) Winthrop - University Equipment/Science Building 775,000
(15) State Board for Technical and Comprehensive
Education - Special Schools 2,000,000
(16) Chesterfield-Marlboro TEC - Roof Repair 250,000
(17) Department of Health and Human Services -
Greenwood Aging Council 100,000
(18) Department of Health and Environmental Control
(a) Water Quality Improvement 1,000,000
(b) Infectious Disease Detection and Control 99,649
(c) Year 2000 Computer Reprogramming 895,627
(d) Facility Renovations 1,000,000
(19) Arts Commission - Penn Center 109,093
(20) State Museum - Collections 100,000
(21) Clemson PSA
(a) SLC Fire Ant Study 200,000
(b) Meat Inspection 150,000
(22) Department of Natural Resources - Law
Enforcement Vehicles 236,000
(23) Sea Grant Consortium - Information Technology 50,000
(24) Department of Parks, Recreation and Tourism
(a) Palmetto Trails 85,000
(b) Heritage Corridor 1,000,000
(c) Thomas Sumter Monument 40,000
(d) Legacy Trust Fund 400,000
(25) Department of Commerce - Information Technology 151,000
(26) Governor's Office - SLED - DNA
Database/Lab Equipment 208,966
(27) Department of Public Safety
(a) Computer Upgrade 1,000,000
(b) Highway Patrol Vests and Vehicles 1,114,940
(28) Department of Corrections - Substance Abuse
Facility at Lee Correctional Institute 650,375
(29) House of Representatives - Southern
Legislative Conference 180,000
(29.1) Expenses incurred by this State as a result of hosting the 1998 Annual Meeting of the Southern Legislative Conference must be paid from private contributions. State funds appropriated for this purpose must be expended only to the extent that private contributions are insufficient. After all expenses of hosting the meeting have been paid, unexpended state funds shall lapse to the General Fund, and unexpended private contributions must be remitted to the State Treasurer and credited to the General Fund.
(30) Comptroller General - Year 2000 Compliance Software 35,000
(31) Adjutant General - FEMA State Match 530,622
(32) (a) Budget and Control Board Division of Regional
Development - Local Government Grants 1,000,000
(b) Budget and Control Board Division of Regional
Developmentment - Infrastructure
Revolving Loan Fund 1,000,000
(c) Budget and Control Board Division of Budget
and Analyses - South Carolina State
University Deficit Reduction 2,100,000
(33) Budget and Control Board Division of Budget
and Analyses - Confederate Relic Room
(a) Flags and Artifacts Restoration 50,000
(b) Travel and Educational Outreach 18,500
(34) State Ethics Commission - Equipment 2,050
TOTAL 86,919,822
SECTION 2. The Comptroller General shall post the appropriations contained in this joint resolution in fiscal year 1998-99.
SECTION 3. This joint resolution takes effect thirty days after the completion of the 1997-98 fiscal year in accordance with the provisions of Article III, Section 36(B)(3)(a), Constitution of South Carolina, 1895, and Section 11-11-320(D)(1) of the 1976 Code./
Amend title to conform.
/s/Senator John Drummond /s/Rep. Henry E. Brown, Jr. /s/Senator John C. Land, III /s/Rep. William D. Boan /s/Senator Glenn F. McConnell Rep. Annette Young-Brickell On Part of the Senate. On Part of the House.
The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
A message was sent to the House accordingly.
Columbia, S.C., June 16, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it requested and was granted Free Conference Powers and has appointed Reps. H. Brown, Boan and Young-Brickell to a Committee of Free Conference on the part of the House on:
H. 4702 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1997-98.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 16, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
H. 4702 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1997-98.
Very respectfully,
Speaker of the House
Received as information.
H. 3603 -- Reps. Allison, Rice, Barrett, Seithel, Leach, Chellis, Simrill, Hinson, Spearman, Phillips, Bailey, Cato, McCraw, Sandifer, Walker, Limbaugh, Riser, Kinon, Young, R. Smith, Easterday, Rhoad, Mason, Gamble, Harvin, Bauer, Moody-Lawrence, Miller, Stuart, Limehouse, McMaster and Battle: A BILL TO AMEND SECTION 20-7-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL CONDUCT TOWARD A CHILD BY PERSONS HAVING CHARGE OR CUSTODY OF THE CHILD, SO AS TO SUBSTITUTE A PERSON RESIDING IN THE HOUSE OF A CHILD, OR HAVING RECURRING ACCESS TO A CHILD, OR WHO HAS BEEN GIVEN RESPONSIBILITY TO CARE FOR A CHILD IN PLACE OF A PERSON WHO IS RESPONSIBLE FOR THE CARE AND SUPPORT OF A CHILD, AND TO MAKE IT UNLAWFUL FOR A PERSON WHO HAS CHARGE OR CUSTODY OF A CHILD TO PLACE THE CHILD IN A SITUATION THAT WOULD LIKELY LEAD TO ABANDONMENT.
On motion of Senator PASSAILAIGUE, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator PASSAILAIGUE spoke on the report.
On motion of Senator PASSAILAIGUE, with unanimous consent, Free Conference Powers were granted.
Whereupon, the PRESIDENT Pro Tempore appointed Senators PASSAILAIGUE, COURTNEY and GLOVER to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
On motion of Senator PASSAILAIGUE, the Report of the Committee of Free Conference to H. 3603 was adopted as follows:
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3603 -- Reps. Allison, Rice, Barrett, Seithel, Leach, Chellis, Simrill, Hinson, Spearman, Phillips, Bailey, Cato, McCraw, Sandifer, Walker, Limbaugh, Riser, Kinon, Young, R. Smith, Easterday, Rhoad, Mason, Gamble, Harvin, Bauer, Moody-Lawrence, Miller, Stuart, Limehouse, McMaster and Battle: A BILL TO AMEND SECTION 20-7-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL CONDUCT TOWARD A CHILD BY PERSONS HAVING CHARGE OR CUSTODY OF THE CHILD, SO AS TO SUBSTITUTE A PERSON RESIDING IN THE HOUSE OF A CHILD, OR HAVING RECURRING ACCESS TO A CHILD, OR WHO HAS BEEN GIVEN RESPONSIBILITY TO CARE FOR A CHILD IN PLACE OF A PERSON WHO IS RESPONSIBLE FOR THE CARE AND SUPPORT OF A CHILD, AND TO MAKE IT UNLAWFUL FOR A PERSON WHO HAS CHARGE OR CUSTODY OF A CHILD TO PLACE THE CHILD IN A SITUATION THAT WOULD LIKELY LEAD TO ABANDONMENT.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 20-7-50 of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"Section 20-7-50. (A) It is unlawful for a person who has charge or custody of a child, or who is the parent or guardian of a child, or who is responsible for the care and support welfare of a child as defined in Section 20-7-490(5) to:
(1) place the child at unreasonable risk of harm affecting the child's life, physical or mental health, or safety;
(2) do or cause to be done unlawfully or maliciously any bodily harm to the child so that the life or health of the child is endangered or likely to be endangered; or
(3) wilfully abandon the child.
(B) A person who violates subsection (A) is guilty of a felony and for each offense, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both."
SECTION 2. A. Section 20-7-8920 of the 1976 Code is amended to read:
"Section 20-7-8920. (A) It is unlawful for a person under the age of twenty-one to purchase or knowingly possess beer, ale, porter, wine, or other similar malt or fermented beverage. Possession is prima facie evidence that it was knowingly possessed. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than one hundred dollars.
(B) Persons eighteen years of age and over lawfully employed to serve or remove beer, wine, or alcoholic beverages in establishments licensed to sell these beverages are not considered to be in unlawful possession of the beverages during the course and scope of their duties as an employee. The provisions of this subsection do not affect the requirement that a bartender must be at least twenty-one years of age.
(C) This section does not apply to any employee lawfully engaged in the sale or delivery of these beverages in an unopened container.
(D) The provisions of this section do not apply to a student who:
(1) is eighteen years of age or older;
(2) is enrolled in an accredited college or university and a student in a culinary course which has been approved through review by the State Commission on Higher Education;
(3) is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and
(4) tastes a beverage pursuant to item (3) only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
The beverage must at all times remain in the possession and control of an authorized instructor of the college or university who must be twenty-one years of age or older. Nothing in this subsection shall be construed to allow a student under the age of twenty-one to receive any beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted pursuant to the curriculum."
B. Section 20-7-8925 of the 1976 Code is amended to read:
"Section 20-7-8925. (A) It is unlawful for a person under the age of twenty-one to purchase or knowingly possess alcoholic liquors. Possession is prima facie evidence that it was knowingly possessed. It is also unlawful for a person to falsely represent his age for the purpose of procuring alcoholic liquors.
(B) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or must be imprisoned for not more than thirty days.
(C) The provisions of this section do not apply to a student who:
(1) is eighteen years of age or older;
(2) is enrolled in an accredited college or university and a student in a culinary course which has been approved through review by the State Commission on Higher Education;
(3) is required to taste, but not consume or imbibe, any alcoholic liquor as part of the required curriculum; and
(4) tastes the liquor pursuant to item (3) only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
The liquor must at all times remain in the possession and control of an authorized instructor of the college or university who must be twenty-one years of age or older. Nothing in this subsection shall be construed to allow a student under the age of twenty-one to receive any alcoholic liquor unless the liquor is delivered as part of the student's required curriculum, and the liquor is used only for instructional purposes during classes conducted pursuant to the curriculum."
C. Section 61-6-4070 of the 1976 Code is amended to read:
"Section 61-6-4070. It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption alcoholic liquors at any place in the State. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. A person found guilty of a violation of Section 61-4-90 and this section may not be sentenced under both sections for the same offense.
The provisions of this section do not apply to a spouse over the age of twenty-one giving alcoholic liquors to his spouse under the age of twenty-one in their home; to a parent or guardian over the age of twenty-one giving alcoholic liquors to his children or wards under the age of twenty-one in their home; or to a person giving alcoholic liquors to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the alcoholic liquors were lawfully purchased.
The provisions of this section do not apply to a person who gives, serves, or permits to be served any alcoholic liquors to a student under the age of twenty-one, if:
(1) the person is an authorized instructor of an accredited college or university and is twenty-one years of age or older;
(2) the student, eighteen years of age or older, is enrolled in the accredited college or university and is a student in a culinary course which has been approved through review by the State Commission on Higher Education, and the liquor is delivered as part of the student's required curriculum and is used only for instructional purposes during classes conducted pursuant to such curriculum;
(3) the student is required to taste, but not consume or imbibe, the liquor during classes conducted under the supervision of the authorized instructor pursuant to the curriculum;
(4) the liquor is never offered for consumption or imbibed by the student; and
(5) the liquor at all times remains in the possession and control of the authorized instructor."
D. Section 61-4-90 of the 1976 Code is amended to read:
"Section 61-4-90. It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption beer or wine at any place in the State . A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. A person found guilty of a violation of Section 61-6-4070 and this section may not be sentenced under both sections for the same offense.
The provisions of this section do not apply to a spouse over the age of twenty-one giving beer or wine to his spouse under the age of twenty-one in their home; to a parent or guardian over the age of twenty-one giving beer or wine to his children or wards under the age of twenty-one in their home; or to a person giving beer or wine to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the beer or wine was lawfully purchased.
The provisions of this section do not apply to a person who gives, serves, or permits to be served any beer, ale, porter, wine, or other similar malt or fermented beverage to a student under the age of twenty-one if:
(1) the person is an authorized instructor of an accredited college or university and is twenty-one years of age or older;
(2) the student, eighteen years of age or older, is enrolled in the accredited college or university and is a student in a culinary course which has been approved through review by the State Commission on Higher Education, and the beverage is delivered as part of the student's required curriculum and is used only for instructional purposes during classes conducted pursuant to such curriculum;
(3) the student is required to taste, but not consume or imbibe, the beverage during classes conducted under the supervision of the authorized instructor pursuant to the curriculum;
(4) the beverage is never offered for consumption or imbibed by the student; and
(5) the beverage at all times remains in the possession and control of the authorized instructor."
SECTION 4. The 1976 Code is amended by adding:
"Section 59-103-195. The State Commission on Higher Education shall have review authority in order to determine the legitimacy and appropriateness of the tasting requirements pursuant to Sections 20-7-8920 and 20-7-8925. The commission shall also establish reasonable rules and restrictions through regulation, as appropriate, with regard to any proposed course of instruction in the culinary arts which any private or public institution desires to offer to students under twenty-one years of age in which the tasting of beer, ale, porter, wine or other similar malt or fermented beverage or alcoholic liquor is required. Unless approved by the commission, no such course and no student under twenty-one years of age enrolled in such course shall qualify for the exceptions provided under Sections 20-7-8920, 20-7-8925, 61-6-4070, or 61-4-90. A course of instruction on bartending or any similar curriculum does not qualify for exception or approval by the commission under this section."
SECTION 5. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/Ernest L. Passailaigue, Jr. /s/Jerry N. Govan, Jr. /s/C. Tyrone Courtney /s/William F. "Bill" Cotty /s/Maggie W. Glover /s/George E. "Chip" Campsen, III On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
Columbia, S.C., June 16, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it requested and was granted Free Conference Powers and has appointed Reps. Cotty, Campsen and Govan to a Committee of Free Conference on the part of the House on:
H. 3603 -- Reps. Allison, Rice, Barrett, Seithel, Leach, Chellis, Simrill, Hinson, Spearman, Phillips, Bailey, Cato, McCraw, Sandifer, Walker, Limbaugh, Riser, Kinon, Young, R. Smith, Easterday, Rhoad, Mason, Gamble, Harvin, Bauer, Moody-Lawrence, Miller, Stuart, Limehouse, McMaster and Battle: A BILL TO AMEND SECTION 20-7-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL CONDUCT TOWARD A CHILD BY PERSONS HAVING CHARGE OR CUSTODY OF THE CHILD, SO AS TO SUBSTITUTE A PERSON RESIDING IN THE HOUSE OF A CHILD, OR HAVING RECURRING ACCESS TO A CHILD, OR WHO HAS BEEN GIVEN RESPONSIBILITY TO CARE FOR A CHILD IN PLACE OF A PERSON WHO IS RESPONSIBLE FOR THE CARE AND SUPPORT OF A CHILD, AND TO MAKE IT UNLAWFUL FOR A PERSON WHO HAS CHARGE OR CUSTODY OF A CHILD TO PLACE THE CHILD IN A SITUATION THAT WOULD LIKELY LEAD TO ABANDONMENT.
Very respectfully,
Speaker of the House
Columbia, S.C., June 16, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
H. 3603 -- Reps. Allison, Rice, Barrett, Seithel, Leach, Chellis, Simrill, Hinson, Spearman, Phillips, Bailey, Cato, McCraw, Sandifer, Walker, Limbaugh, Riser, Kinon, Young, R. Smith, Easterday, Rhoad, Mason, Gamble, Harvin, Bauer, Moody-Lawrence, Miller, Stuart, Limehouse, McMaster and Battle: A BILL TO AMEND SECTION 20-7-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL CONDUCT TOWARD A CHILD BY PERSONS HAVING CHARGE OR CUSTODY OF THE CHILD, SO AS TO SUBSTITUTE A PERSON RESIDING IN THE HOUSE OF A CHILD, OR HAVING RECURRING ACCESS TO A CHILD, OR WHO HAS BEEN GIVEN RESPONSIBILITY TO CARE FOR A CHILD IN PLACE OF A PERSON WHO IS RESPONSIBLE FOR THE CARE AND SUPPORT OF A CHILD, AND TO MAKE IT UNLAWFUL FOR A PERSON WHO HAS CHARGE OR CUSTODY OF A CHILD TO PLACE THE CHILD IN A SITUATION THAT WOULD LIKELY LEAD TO ABANDONMENT.
Very respectfully,
Speaker of the House
The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
A message was sent to the House accordingly.
H. 4824 -- Reps. Inabinett, Seithel, J. Hines, Cromer, M. Hines, Littlejohn, Woodrum, Gourdine, Neal, Breeland, Simrill, Rodgers, Lloyd, Cave, Canty, Vaughn, Moody-Lawrence, Stuart, Byrd, H. Brown, Stille, Hamilton, Wilkins, Harrison, Barrett, Battle, Maddox, Govan, Miller, Jordan and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-100 SO AS TO REQUIRE LOCAL ELECTORAL BOARDS TO MAKE LOCAL BALLOT QUESTIONS AVAILABLE TO THE COUNTY NEWS MEDIA AT LEAST FORTY-FIVE DAYS IN ADVANCE OF THE REFERENDUM, AND TO AUTHORIZE THE ELECTORAL BOARD TO INCLUDE A SIMPLIFIED EXPLANATION OF A REFERENDUM QUESTION ON THE BALLOT WHEN IT DETERMINES SUCH AN EXPLANATION NECESSARY, TO PROVIDE A SCHEDULE FOR MAKING THIS EXPLANATION AVAILABLE TO THE MEDIA, AND TO PROVIDE THAT REFERENDUM RESULTS MAY NOT BE CHALLENGED FOR FAILURE TO COMPLY WITH THE SCHEDULE AND A METHOD OF APPEALING A CHALLENGED EXPLANATION; AND TO AMEND ARTICLE 17, CHAPTER 13, TITLE 7, RELATING TO THE CONSTITUTIONAL BALLOT COMMISSION, SO AS TO EXTEND THE DUTIES OF THE COMMISSION TO PROVIDE, WHERE IT DETERMINES IT TO BE NECESSARY, SIMPLIFIED EXPLANATIONS OF STATEWIDE REFERENDUM QUESTIONS AND DELETING THE REFERENCE TO "CONSTITUTIONAL" IN THE COMMISSION'S NAME TO REFLECT THIS CHANGE, TO ESTABLISH ACCELERATED DEADLINES FOR THE COMMISSION TO ACT, AND TO MAKE CONFORMING AMENDMENTS.
On motion of Senator WILSON, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator WILSON spoke on the report.
H. 4824 -- Reps. Inabinett, Seithel, J. Hines, Cromer, M. Hines, Littlejohn, Woodrum, Gourdine, Neal, Breeland, Simrill, Rodgers, Lloyd, Cave, Canty, Vaughn, Moody-Lawrence, Stuart, Byrd, H. Brown, Stille, Hamilton, Wilkins, Harrison, Barrett, Battle, Maddox, Govan, Miller, Jordan and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-100 SO AS TO REQUIRE LOCAL ELECTORAL BOARDS TO MAKE LOCAL BALLOT QUESTIONS AVAILABLE TO THE COUNTY NEWS MEDIA AT LEAST FORTY-FIVE DAYS IN ADVANCE OF THE REFERENDUM, AND TO AUTHORIZE THE ELECTORAL BOARD TO INCLUDE A SIMPLIFIED EXPLANATION OF A REFERENDUM QUESTION ON THE BALLOT WHEN IT DETERMINES SUCH AN EXPLANATION NECESSARY, TO PROVIDE A SCHEDULE FOR MAKING THIS EXPLANATION AVAILABLE TO THE MEDIA, AND TO PROVIDE THAT REFERENDUM RESULTS MAY NOT BE CHALLENGED FOR FAILURE TO COMPLY WITH THE SCHEDULE AND A METHOD OF APPEALING A CHALLENGED EXPLANATION; AND TO AMEND ARTICLE 17, CHAPTER 13, TITLE 7, RELATING TO THE CONSTITUTIONAL BALLOT COMMISSION, SO AS TO EXTEND THE DUTIES OF THE COMMISSION TO PROVIDE, WHERE IT DETERMINES IT TO BE NECESSARY, SIMPLIFIED EXPLANATIONS OF STATEWIDE REFERENDUM QUESTIONS AND DELETING THE REFERENCE TO "CONSTITUTIONAL" IN THE COMMISSION'S NAME TO REFLECT THIS CHANGE, TO ESTABLISH ACCELERATED DEADLINES FOR THE COMMISSION TO ACT, AND TO MAKE CONFORMING AMENDMENTS.
On motion of Senator WILSON, with unanimous consent, Free Conference Powers were granted.
Whereupon, the PRESIDENT Pro Tempore appointed Senators MOORE, WILSON and FORD to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
On motion of Senator WILSON, the Report of the Committee of Free Conference to H. 4824 was adopted as follows:
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 4824 -- Reps. Inabinett, Seithel, J. Hines, Cromer, M. Hines, Littlejohn, Woodrum, Gourdine, Neal, Breeland, Simrill, Rodgers, Lloyd, Cave, Canty, Vaughn, Moody-Lawrence, Stuart, Byrd, H. Brown, Stille, Hamilton, Wilkins, Harrison, Barrett, Battle, Maddox, Govan, Miller, Jordan and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-100 SO AS TO REQUIRE LOCAL ELECTORAL BOARDS TO MAKE LOCAL BALLOT QUESTIONS AVAILABLE TO THE COUNTY NEWS MEDIA AT LEAST FORTY-FIVE DAYS IN ADVANCE OF THE REFERENDUM, AND TO AUTHORIZE THE ELECTORAL BOARD TO INCLUDE A SIMPLIFIED EXPLANATION OF A REFERENDUM QUESTION ON THE BALLOT WHEN IT DETERMINES SUCH AN EXPLANATION NECESSARY, TO PROVIDE A SCHEDULE FOR MAKING THIS EXPLANATION AVAILABLE TO THE MEDIA, AND TO PROVIDE THAT REFERENDUM RESULTS MAY NOT BE CHALLENGED FOR FAILURE TO COMPLY WITH THE SCHEDULE AND A METHOD OF APPEALING A CHALLENGED EXPLANATION; AND TO AMEND ARTICLE 17, CHAPTER 13, TITLE 7, RELATING TO THE CONSTITUTIONAL BALLOT COMMISSION, SO AS TO EXTEND THE DUTIES OF THE COMMISSION TO PROVIDE, WHERE IT DETERMINES IT TO BE NECESSARY, SIMPLIFIED EXPLANATIONS OF STATEWIDE REFERENDUM QUESTIONS AND DELETING THE REFERENCE TO "CONSTITUTIONAL" IN THE COMMISSION'S NAME TO REFLECT THIS CHANGE, TO ESTABLISH ACCELERATED DEADLINES FOR THE COMMISSION TO ACT, AND TO MAKE CONFORMING AMENDMENTS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Chapter 1, Title 7 of the 1976 Code is amended by adding:
"Section 7-1-100. (A) If a countywide or less than countywide referendum is held on a question, the electoral board charged with conducting the referendum shall make the ballot question available to the news media in the county at least forty-five days in advance of the date of the referendum.
(B) If the electoral board determines that a referendum question is of a nature that it might not be clearly understood by the voters, it may prepare a simplified or, when appropriate, more detailed explanation of the question that must be placed on the ballot along with the referendum question. When mechanical devices for voting are used, printed copies of the explanation must be made available at each voting precinct. The explanation provided must be made available to the news media in the county on the same schedule provided in subsection (A).
(C) No referendum may be challenged on the grounds that the electoral board failed to act in a timely manner to implement this section.
(D) The provisions of Section 7-13-2130 apply with respect to any proceeding challenging a referendum based on any explanation provided by the electoral board.
(E) The provisions of this section do not apply to a referendum for which the General Assembly provides the ballot question."
SECTION 2. This act takes effect January 1, 1999./
Amend title to conform.
/s/Thomas L. Moore /s/Curtis B. Inabinett /s/Addison G. "Joe" Wilson /s/Michael E. "Mike" Easterday /s/Robert Ford /s/John M. "Jake" Knotts, Jr. On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
Columbia, S.C., June 16, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
H. 4824 -- Reps. Inabinett, Seithel, J. Hines, Cromer, M. Hines, Littlejohn, Woodrum, Gourdine, Neal, Breeland, Simrill, Rodgers, Lloyd, Cave, Canty, Vaughn, Moody-Lawrence, Stuart, Byrd, H. Brown, Stille, Hamilton, Wilkins, Harrison, Barrett, Battle, Maddox, Govan, Miller, Jordan and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-100 SO AS TO REQUIRE LOCAL ELECTORAL BOARDS TO MAKE LOCAL BALLOT QUESTIONS AVAILABLE TO THE COUNTY NEWS MEDIA AT LEAST FORTY-FIVE DAYS IN ADVANCE OF THE REFERENDUM, AND TO AUTHORIZE THE ELECTORAL BOARD TO INCLUDE A SIMPLIFIED EXPLANATION OF A REFERENDUM QUESTION ON THE BALLOT WHEN IT DETERMINES SUCH AN EXPLANATION NECESSARY, TO PROVIDE A SCHEDULE FOR MAKING THIS EXPLANATION AVAILABLE TO THE MEDIA, AND TO PROVIDE THAT REFERENDUM RESULTS MAY NOT BE CHALLENGED FOR FAILURE TO COMPLY WITH THE SCHEDULE AND A METHOD OF APPEALING A CHALLENGED EXPLANATION; AND TO AMEND ARTICLE 17, CHAPTER 13, TITLE 7, RELATING TO THE CONSTITUTIONAL BALLOT COMMISSION, SO AS TO EXTEND THE DUTIES OF THE COMMISSION TO PROVIDE, WHERE IT DETERMINES IT TO BE NECESSARY, SIMPLIFIED EXPLANATIONS OF STATEWIDE REFERENDUM QUESTIONS AND DELETING THE REFERENCE TO "CONSTITUTIONAL" IN THE COMMISSION'S NAME TO REFLECT THIS CHANGE, TO ESTABLISH ACCELERATED DEADLINES FOR THE COMMISSION TO ACT, AND TO MAKE CONFORMING AMENDMENTS.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 16, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it requested and was granted Free Conference Powers and has appointed Reps. Inabinett, Easterday and Knotts to a Committee of Free Conference on the part of the House on:
H. 4824 -- Reps. Inabinett, Seithel, J. Hines, Cromer, M. Hines, Littlejohn, Woodrum, Gourdine, Neal, Breeland, Simrill, Rodgers, Lloyd, Cave, Canty, Vaughn, Moody-Lawrence, Stuart, Byrd, H. Brown, Stille, Hamilton, Wilkins, Harrison, Barrett, Battle, Maddox, Govan, Miller, Jordan and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-100 SO AS TO REQUIRE LOCAL ELECTORAL BOARDS TO MAKE LOCAL BALLOT QUESTIONS AVAILABLE TO THE COUNTY NEWS MEDIA AT LEAST FORTY-FIVE DAYS IN ADVANCE OF THE REFERENDUM, AND TO AUTHORIZE THE ELECTORAL BOARD TO INCLUDE A SIMPLIFIED EXPLANATION OF A REFERENDUM QUESTION ON THE BALLOT WHEN IT DETERMINES SUCH AN EXPLANATION NECESSARY, TO PROVIDE A SCHEDULE FOR MAKING THIS EXPLANATION AVAILABLE TO THE MEDIA, AND TO PROVIDE THAT REFERENDUM RESULTS MAY NOT BE CHALLENGED FOR FAILURE TO COMPLY WITH THE SCHEDULE AND A METHOD OF APPEALING A CHALLENGED EXPLANATION; AND TO AMEND ARTICLE 17, CHAPTER 13, TITLE 7, RELATING TO THE CONSTITUTIONAL BALLOT COMMISSION, SO AS TO EXTEND THE DUTIES OF THE COMMISSION TO PROVIDE, WHERE IT DETERMINES IT TO BE NECESSARY, SIMPLIFIED EXPLANATIONS OF STATEWIDE REFERENDUM QUESTIONS AND DELETING THE REFERENCE TO "CONSTITUTIONAL" IN THE COMMISSION'S NAME TO REFLECT THIS CHANGE, TO ESTABLISH ACCELERATED DEADLINES FOR THE COMMISSION TO ACT, AND TO MAKE CONFORMING AMENDMENTS.
Very respectfully,
Speaker of the House
The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
A message was sent to the House accordingly.
H. 4853 -- Rep. Boan: A BILL TO AMEND SECTION 12-28-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM TAX ON MOTOR FUEL, SO AS TO SET PERCENTAGES OF REFUND FOR TAXABLE MOTOR FUEL USED TO OPERATE CERTAIN POWER TAKE-OFF EQUIPMENT, AND TO EXEMPT KEROSENE IN CERTAIN INSTANCES AND MOTOR FUEL USED TO TRANSPORT STUDENTS FOR STATE-FUNDED INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 12-28-1730, RELATING TO PENALTIES IN CONNECTION WITH TAX ON MOTOR FUEL, SO AS TO FURTHER PROVIDE FOR THE CIVIL PENALTIES WHICH MAY BE IMPOSED REGARDING THE SALE OR USE OF DYED FUEL; AND TO REPEAL SECTIONS 12-31-220 AND 12-31-250 RELATING TO TEMPORARY AND BIENNIAL REGISTRATION CARDS AND IDENTIFICATION MARKERS FOR MOTOR CARRIERS.
On motion of Senator LAND, the Senate insisted upon its amendments to H. 4853 and asked for a Committee of Conference.
Whereupon, the PRESIDENT Pro Tempore appointed Senators DRUMMOND, LAND and McCONNELL of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., June 16, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. H. Brown, Young-Brickell and Boan of the Committee of Conference on the part of the House on:
H. 4853 -- Rep. Boan: A BILL TO AMEND SECTION 12-28-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM TAX ON MOTOR FUEL, SO AS TO SET PERCENTAGES OF REFUND FOR TAXABLE MOTOR FUEL USED TO OPERATE CERTAIN POWER TAKE-OFF EQUIPMENT, AND TO EXEMPT KEROSENE IN CERTAIN INSTANCES AND MOTOR FUEL USED TO TRANSPORT STUDENTS FOR STATE-FUNDED INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 12-28-1730, RELATING TO PENALTIES IN CONNECTION WITH TAX ON MOTOR FUEL, SO AS TO FURTHER PROVIDE FOR THE CIVIL PENALTIES WHICH MAY BE IMPOSED REGARDING THE SALE OR USE OF DYED FUEL; AND TO REPEAL SECTIONS 12-31-220 AND 12-31-250 RELATING TO TEMPORARY AND BIENNIAL REGISTRATION CARDS AND IDENTIFICATION MARKERS FOR MOTOR CARRIERS.
Very respectfully,
Speaker of the House
H. 4853 -- Rep. Boan: A BILL TO AMEND SECTION 12-28-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM TAX ON MOTOR FUEL, SO AS TO SET PERCENTAGES OF REFUND FOR TAXABLE MOTOR FUEL USED TO OPERATE CERTAIN POWER TAKE-OFF EQUIPMENT, AND TO EXEMPT KEROSENE IN CERTAIN INSTANCES AND MOTOR FUEL USED TO TRANSPORT STUDENTS FOR STATE-FUNDED INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 12-28-1730, RELATING TO PENALTIES IN CONNECTION WITH TAX ON MOTOR FUEL, SO AS TO FURTHER PROVIDE FOR THE CIVIL PENALTIES WHICH MAY BE IMPOSED REGARDING THE SALE OR USE OF DYED FUEL; AND TO REPEAL SECTIONS 12-31-220 AND 12-31-250 RELATING TO TEMPORARY AND BIENNIAL REGISTRATION CARDS AND IDENTIFICATION MARKERS FOR MOTOR CARRIERS.
On motion of Senator LAND, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator LAND spoke on the report.
H. 4853 -- Rep. Boan: A BILL TO AMEND SECTION 12-28-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM TAX ON MOTOR FUEL, SO AS TO SET PERCENTAGES OF REFUND FOR TAXABLE MOTOR FUEL USED TO OPERATE CERTAIN POWER TAKE-OFF EQUIPMENT, AND TO EXEMPT KEROSENE IN CERTAIN INSTANCES AND MOTOR FUEL USED TO TRANSPORT STUDENTS FOR STATE-FUNDED INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 12-28-1730, RELATING TO PENALTIES IN CONNECTION WITH TAX ON MOTOR FUEL, SO AS TO FURTHER PROVIDE FOR THE CIVIL PENALTIES WHICH MAY BE IMPOSED REGARDING THE SALE OR USE OF DYED FUEL; AND TO REPEAL SECTIONS 12-31-220 AND 12-31-250 RELATING TO TEMPORARY AND BIENNIAL REGISTRATION CARDS AND IDENTIFICATION MARKERS FOR MOTOR CARRIERS.
On motion of Senator LAND, with unanimous consent, Free Conference Powers were granted.
Whereupon, the PRESIDENT Pro Tempore appointed Senators DRUMMOND, LAND and McCONNELL to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
On motion of Senator LAND, the Report of the Committee of Free Conference to H. 4853 was adopted as follows:
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 4853 -- Rep. Boan: TO AMEND SECTION 12-28-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM TAX ON MOTOR FUEL, SO AS TO SET PERCENTAGES OF REFUND FOR TAXABLE MOTOR FUEL USED TO OPERATE CERTAIN POWER TAKE-OFF EQUIPMENT, AND TO EXEMPT KEROSENE IN CERTAIN INSTANCES AND MOTOR FUEL USED TO TRANSPORT STUDENTS FOR STATE-FUNDED INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 12-28-1730, RELATING TO PENALTIES IN CONNECTION WITH TAX ON MOTOR FUEL, SO AS TO FURTHER PROVIDE FOR THE CIVIL PENALTIES WHICH MAY BE IMPOSED REGARDING THE SALE OR USE OF DYED FUEL; AND TO REPEAL SECTIONS 12-31-220 AND 12-31-250 RELATING TO TEMPORARY AND BIENNIAL REGISTRATION CARDS AND IDENTIFICATION MARKERS FOR MOTOR CARRIERS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 12-28-710(9) and (12) of the 1976 Code, as last amended by Act 461 of 1996, is further amended to read:
"(9) kerosene and diesel fuel used as heating oil or in trains, or used for other nonhighway purposes in equipment not licensed as a motor vehicle other than as expressly exempted under another provision;
(12) taxable motor fuel used in state-owned school buses and in state-owned administration and service vehicles used in the pupil transportation program and transportation of students by state-funded institutions of higher learning;"
SECTION 2. Section 12-28-1730(F) of the 1976 Code, as added by Act 136 of 1995, is amended to read:
"(F) The department shall impose a civil penalty in an amount equivalent to that imposed by Section 6715 of the Internal Revenue Code on the operator of a vehicle who knowingly violates the prohibition on the sale or use of dyed fuel upon public highways of this State in an amount equivalent to that imposed by Section 6714 of the Internal Revenue Code."
SECTION 3. Sections 12-31-220 and 12-31-250 of the 1976 Code are repealed.
SECTION 4. A. The 1976 Code is amended by adding:
"Section 12-49-85. (A) If the person officially charged with the collection of ad valorem taxes on real or personal property for a county determines that the tax, assessment, or penalty is uncollectible, he shall record that determination and the reason for it on a list he maintains. At least annually he shall provide the list to the county auditor, who may remove a particular determination from the duplicate list, but the auditor shall record the removal and the reason for it as prescribed by the Comptroller General.
(B) The reasons for removal of a tax, assessment, or penalty from the duplicate list may include, but are not limited to:
(1) insufficient property of the person charged with the uncollectible tax, assessment, or penalty to collect it;
(2) collection of the tax, assessment, or penalty has been enjoined by a competent court.
(C) Subject to the provisions of Section 12-54-85(E), the auditor and the person officially charged with the collection of ad valorem taxes shall review the list annually. If it is later determined that the tax, assessment, or penalty was improperly removed from the duplicate list or is collectible, it must be returned to the duplicate list for collection, with all penalties and interest accruing."
B. Section 12-37-251(E) of the 1976 Code, as last amended by Act 401 of 1996, is further amended to read:
"(E) In the year of reassessment the millage rate for all real and personal property must not exceed the rollback millage, except that the rollback millage may be increased by the percentage increase in the consumer price index for the year immediately preceding the year of reassessment. Rollback millage is calculated by dividing the prior year property tax revenues by the adjusted total assessed value applicable in the year the values derived from a countywide equalization and reassessment program are implemented. This amount of assessed value must be adjusted by deducting assessments added for property or improvements not previously taxed, for new construction, and for renovation of existing structures."
C. Section 12-43-220(c) of the 1976 Code, as last amended by Act 431 of 1996, is further amended by adding:
"(5) To qualify for the four percent assessment ratio, the owner-occupant of a legal residence that is being purchased under a contract for sale or a bond for title must record the contract for sale or the bond for title in the office of the register of mesne conveyances or the clerk of court in those counties where the office of the register of mesne conveyances has been abolished.
For purposes of this subsection, a contract for sale or a bond for title is the sale of real property by a seller, who finances the sale and retains title to the property solely as security for the debt."
D. Section 12-54-85(E) of the 1976 Code is amended to read:
"(E) No A tax may not be collected by levy, warrant for distraint, or proceedings in court, unless the:
(1) the levy, warrant for distraint, or proceedings in court were begun within ten years after the assessment of the tax,;
(2) the taxpayer has agreed to extend this period,; or
(3) the running of this period is suspended in accordance with this section.
For property tax purposes, the 'assessment of the tax' occurs on the later of the last day the tax may be paid without penalty or the date of the tax notice."
E. Section 12-60-2520(B) of the 1976 Code, as added by Act 60 of 1995, is amended to read:
"(B) Within thirty days of the date of the request for a meeting or as soon thereafter as practical, If, upon examination of the property taxpayer's written objection, the county assessor agrees with the taxpayer, the county assessor must correct the error. If, upon the examination, the county assessor does not agree with the taxpayer, the assessor shall schedule a conference with the property taxpayer within thirty days of the date of the request for a meeting or as soon after that as practical. If the matter is not resolved at the conference, the assessor shall advise the property taxpayer of the right to protest and provide the taxpayer a form on which to file the protest. The property taxpayer has thirty days after the date of the conference to file a written protest with the assessor. The protest must contain:
(1) the name, address, and telephone number of the property taxpayer;
(2) a description of the property in issue;
(3) a statement of facts supporting the taxpayer's position;
(4) a statement outlining the reasons for the appeal, including any law or other authority, upon which the taxpayer relies; and
(5) the value and classification which the property taxpayer considers the fair market value, special use value, if applicable, and the proper classification.
The taxpayer may use the form prepared by the department, but use of the form is not mandatory."
F. Section 12-60-2910(A) of the 1976 Code, as last amended by Act 431 of 1996, is further amended to read:
"(A) A property taxpayer may object to a personal property tax assessment or a denial of a homestead exemption made by the county auditor by requesting, in writing, to meet with the auditor at any time on or before the last day the tax levied upon the assessment can be timely paid later of:
(1) thirty days after the tax notice is mailed; or
(2) last day the tax levied upon the assessment may be timely paid."
G. Sections 12-43-225 and 12-49-80 of the 1976 Code are repealed.
H. Notwithstanding the general effective date of this act, this section is effective for property tax years beginning after 1998.
SECTION 5. A. Section 61-2-100 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-2-100. (A) No license or permit may be issued to an organization, an association, or a corporation as an entity. If an application is made for an organization, an association, or a corporation, the license or permit, if issued, must be issued to an officer of the organization, association, or corporation or a person specifically designated in writing by the Chief Executive Officer of the organization, association, or corporation. The officer or designated person is responsible under the license or permit as an individual and is subject to the provisions and penalties set forth in this title applicable to individual licensees and permittees.
(B) A person may hold multiple permits and licenses. However, a person, his agent, or his attorney must not be issued a permit or license for more than one business entity.
(C) No license or permit may be issued by the department to a person under twenty-one years of age.
(A) The department may issue licenses and permits authorized under this title to qualifying persons. Licenses and permits may be issued only to the person who is the owner of the business seeking the permit or license.
(B) The department shall initiate action to revoke any permit or license that is issued to any person who is not the owner of the licensed business or when the licensed individual or an individual principal of the licensed business is under twenty-one years of age.
(C) If application is made for a license or permit under this title by a person other than an individual, all principals are deemed to be the applicant under Section 61-2-160.
(D) The department may not issue a license or permit under this title to any person unless the person and all principals are of good moral character.
(E) The department may not issue a license or permit under this title to an individual under twenty-one years of age or a business with an individual principal under twenty-one years of age.
(F) Businesses licensed or permitted by the department under this title must designate with the department an agent and mailing address for service of notices. Any required notice may be given by handing it to the agent in person or leaving the notice at his office with a clerk or other person in charge of the office, or if there is no one in charge, leaving it in a conspicuous place in the office; or, if the office is closed or the person to be served has no office, leaving a copy at his dwelling place with a person of suitable age and discretion residing in the dwelling place; or by serving it on an employee at the licensed place of business; or by mailing it by first class mail to the agent at his last known address, postage prepaid. No person may act as agent for more than one business entity unless the person has an ownership interest in the business entities.
(G) Nothing in this section may be construed to alter the effect of Sections 61-6-140 and 61-6-150.
(H) As used in this title and unless otherwise required by the context:
(1) 'Person' includes an individual, a trust, estate, partnership, limited liability company, receiver, association, company, corporation, or any other group.
(2) 'principal' of a business or entity means a person who is described in any one or more of the following terms:
(a) an officer of the business or entity which owns the business;
(b) a partner other than a limited partner who cannot exercise any management control;
(c) a manager of limited liability company which is managed by managers;
(d) a member of the limited liability company which is not managed by managers;
(e) a fiduciary, including personal representatives, trustees, guardians, committees, and receivers, who manage, hold, or control title to or who is otherwise in direct or indirect control of the business;
(f) a person who owns twenty-five percent or more of the combined voting power of the business or entity;
(g) a person who owns twenty-five percent or more of the value of the business entity; or
(h) an employee who has day-to-day operational management responsibilities for the business or entity.
(i) a license or permit may be issued to a publicly held corporation, which is deemed the applicant under Section 61-2-160 and the corporation shall designate an officer or other employee of good moral character, over the age of twenty-one and a resident of this State in whose name the permit or license must be held on behalf of the corporation and the corporation may substitute an officer or employee if the individual is of good moral character, over the age of twenty-one, and a resident of this State, and upon notice in writing of the substitution to the department."
B. Section 61-6-505 of the 1976 Code, as added by Act 458 of 1996, is amended to read:
"Section 61-6-505. (A) A person who purchases or acquires by lease, inheritance, divorce decree, eviction, or otherwise a retail business which sells alcoholic beverages from a holder of a retail liquor license at the business, upon initiating the application process for a permanent retail liquor license, may be issued a temporary retail liquor license by the department at the time of the purchase or acquisition if the location for which the temporary license is sought is not considered by the department to be a public nuisance as defined by the department by regulation and:
(1) the applicant currently holds a valid retail liquor license; or
(2) the applicant has had a criminal history background check conducted by the State Law Enforcement Division within the past thirty days.
(B) A temporary license issued pursuant to subsection (A) is valid until a permanent license is approved or disapproved by the department, but in no case is it valid for longer more than one hundred twenty days from the date of issuance.
(C) Notwithstanding subsection (B), the department may revoke a temporary license if the applicant fails to proceed with obtaining pursue the permanent license in a timely manner, as set forth by the department by regulation.
(D) The department shall collect a fee of twenty-five dollars for each temporary license sought. The funds generated by this fee must be deposited in the general fund of the State."
C. Section 61-6-2005 of the 1976 Code, as added by Act 458 of 1996, is amended to read:
"Section 61-6-2005. (A) A person who purchases or acquires by lease, inheritance, divorce decree, eviction, or otherwise a retail business which sells alcoholic liquors in sealed containers of two ounces or less from a holder of a license to sell alcoholic liquors in sealed containers of two ounces or less at the business, upon initiating the application process for a permanent license, may be issued a temporary license by the department at the time of the purchase or acquisition if the location for which the temporary license is sought is not considered by the department to be a public nuisance as defined by the department by regulation and:
(1) the applicant currently holds a valid license to sell alcoholic liquors in sealed containers of two ounces or less; or
(2) the applicant has had a criminal history background check conducted by the State Law Enforcement Division within the past thirty days.
(B) A temporary license issued pursuant to subsection (A) is valid until a permanent license is approved or disapproved by the department, but in no case is it valid for longer more than one hundred twenty days from the date of issuance.
(C) Notwithstanding subsection (B), the department may revoke a temporary license if the applicant fails to proceed with obtaining pursue the permanent license in a timely manner, as set forth by the department by regulation.
(D) The department shall collect a fee of twenty-five dollars for each temporary license sought. The funds generated by this fee must be deposited in the general fund of the State."
D. Section 61-4-210 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-4-210. (A) A person who purchases or acquires by lease, inheritance, divorce decree, eviction, or otherwise a retail business which sells beer or wine from a holder of a retail permit to sell beer or wine at the business, upon initiating the application process for a biennial retail beer or beer and wine permit, may be issued a temporary retail beer or beer and wine permit by the department at the time of the purchase or acquisition if the location for which the temporary permit is sought is not considered by the department to be a public nuisance as defined by regulation of the department and:
(1) the applicant currently holds a valid beer or beer and wine permit; or
(2) the applicant has had a criminal history background check conducted by the division within the past thirty days.
(B) A temporary beer or beer and wine permit issued pursuant to subsection (A) is valid until a biennial retail beer or beer and wine permit is approved or disapproved by the department, but in no case is it valid for longer more than one hundred twenty days from the date of issuance.
(C) Notwithstanding subsection (B), the department may revoke a temporary retail beer or beer and wine permit if the applicant fails to proceed with obtaining pursue the biennial retail beer or beer and wine permit in a timely manner, as set forth by regulation of the department.
(D) The department must charge shall collect a fee of twenty-five dollars for each temporary beer or beer and wine permit. The funds generated by this fee must be deposited in the general fund of the State."
E. Section 61-6-2890 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-6-2890. (A) A registered producer may not store alcoholic liquors only in a warehouse of the registered producer unless licensed by the department. The department must require sufficient bond with respect to a licensed warehouse to ensure proper handling of liquors stored in the warehouse. Application for license to operate a warehouse must be filed on forms prescribed by the department.
(B) When an application for a warehouse license is submitted, a fee of four hundred dollars must be paid to the department. Where application is made for a warehouse license on or after March first 1, the fee is one hundred fifty dollars. A warehouse license is valid from the date of issue until the second August thirty-first 31 after the issuance of the license."
F. Sections 61-6-300, 61-6-310, 61-6-320, 61-6-330, 61-6-340, and 61-6-350, of the 1976 Code are repealed.
G. Subsection A. of this section takes effect upon approval by the Governor and applies for applications pending on that date and for applications filed on or after that date. The remaining provisions of this section take effect July 1, 1998.
SECTION 6. Section 33-44-801 of the 1976 Code is amended to read:
"Section 33-44-801. (a) In this section, "future distributions" means the total distributions that, as of the date of dissociation, are reasonably estimated to be made to the remaining members if the company were continued until the projected date of its termination, reduced by the amount of distributions that would have been made to the remaining members if the business of the company were dissolved and wound up on the date of dissociation.
(b) A limited liability company is dissolved, and its business must be wound up, upon the occurrence of any of the following events:
(1) an event specified in the operating agreement;
(2) consent of the number or percentage of members specified in the operating agreement;
(3) dissociation of a member who is also a manager or, if none, a member of an at-will company, and dissociation of a member who is also a manager or, if none, a member of a term company but only if the dissociation was for a reason provided in Section 33-44-601(7) through (11) and occurred before the expiration of the specified term, but the company is not dissolved and required to be wound up by reason of the dissociation if:
(i) within ninety days after the dissociation, the business of the company is continued by the agreement of:
(a) the remaining members that would be entitled to receive a majority of any distributions that would be made to them assuming the business of the company were dissolved and wound up on the date of the dissociation; and
(b) the remaining members that would be entitled to receive a majority of any future distributions that would be made to them assuming the business of the company were continued after the date of the dissociation; or
(ii) the business of the company is continued under a right to continue stated in the operating agreement;
(4) an event that makes it unlawful for all or substantially all of the business of the company to be continued, but any a cure of illegality within ninety days after notice to the company of the event is effective retroactively to the date of the event for purposes of this section;
(5)(4) on application by a member or a dissociated member, upon entry of a judicial decree that:
(i)(a) the economic purpose of the company is likely to be unreasonably frustrated;
(ii)(b) another member has engaged in conduct relating to the company's business that makes it not reasonably practicable to carry on the company's business with that member;
(iii)(c) it is not otherwise reasonably practicable to carry on the company's business in conformity with the articles of organization and the operating agreement;
(iv)(d) the company failed to purchase the petitioner's distributional interest as required by Section 33-44-701; or
(v)(e) the managers or members in control of the company have acted, are acting, or will act in a manner that is illegal, oppressive, fraudulent, or unfairly prejudicial to the petitioner; or
(6)(5) on application by a transferee of a member's interest, a judicial determination that it is equitable to wind up the company's business:
(i)(a) after the expiration of the specified term, if the company was for a specified term at the time the applicant became a transferee by way of member dissociation, transfer, or entry of a charging order that gave rise to the transfer; or
(ii)(b) at any time, if the company was existed at will at the time the applicant became a transferee by way of member dissociation, transfer, or entry of a charging order that gave rise to the transfer."
SECTION 7. Section 33-44-103(b)(6) of the 1976 Code is amended to read:
"(6) vary the requirement to wind up the limited liability company's business in a case specified in Section 33-44-801(b)(4) (3) or (4) (b)(5); or"
SECTION 8. Section 33-44-404(a)(2) and (b)(2) of the 1976 Code is amended to read:
"(2) except as otherwise provided in subsection (c) or in Section 33-44-801(b)(3)(i), any matter relating to the business of the company may be decided by a majority of the members.
(2) except as otherwise provided in subsection (c) or in Section 33-44-801(b)(3)(i), any matter relating to the business of the company may be exclusively decided by the manager or, if there is more than one manager, by a majority of the managers; and".
SECTION 9. Section 33-44-503(e) of the 1976 Code is amended to read:
"(e) A transferee who does not become a member is entitled to shall:
(1) receive, in accordance with the transfer, distributions to which the transferor would otherwise be entitled;
(2) receive, upon dissolution, and winding up of the limited liability company's business:
(i) in accordance with the transfer, the net amount otherwise distributable to the transferor;
(ii) a statement of account only from the date of the latest statement of account agreed to by all the members;
(3) seek under Section 33-44-801(b)(6)(5) a judicial determination that it is equitable to dissolve and wind up the company's business."
SECTION 10. Section 33-44-603 of the 1976 Code is amended to read:
"Section 33-44-603. (a) If under Section 33-44-801 Upon a member's dissociation from a limited liability company results in a dissolution and winding up of the company's business, Article 8 applies. If a member's dissociation from the company does not result in a dissolution and winding up of the company's business under Section 33-44-801:
(1) in an at-will company, the company must cause the dissociated member's distributional interest to be purchased under Article 7; and
(2) in a term company, if the company:
(i)(a) if the company dissolves and winds up its business on or before the expiration of its specified term, Article 8 applies to determine the dissociated member's rights to distributions; and
(ii)(b) if the company does not dissolve and wind up its business on or before the expiration of its specified term, the company must cause the dissociated member's distributional interest to be purchased under Article 7 on the date of the expiration of the term specified at the time of the member's dissociation.;
(b) Upon a member's dissociation from a limited liability company:
(1)(3) the member's right to participate in the management and conduct of the company's business terminates, except as otherwise provided in Section 33-44-803, and the member ceases to be a member and is treated the same as a transferee of a member;
(2)(4) the member's duty of loyalty under Section 33-44-409(b)(3) terminates; and
(3)(5) the member's duty of loyalty under Section 33-44-409(b)(1) and (2) and duty of care under Section 33-44-409(c) continue only with regard to matters arising and events occurring before the member's dissociation, unless the member participates in winding up the company's business pursuant to Section 33-44-803."
SECTION 11. Section 33-44-701(c) of the 1976 Code is amended to read:
"(c) If the price and other terms of a purchase of a distributional interest are fixed or are to be determined by the operating agreement, the price and terms so fixed or determined govern the purchase unless the purchaser defaults. If a default occurs, the dissociated member is entitled to commence a proceeding to have the company dissolved under pursuant to Section 33-44-801(b)(5)(iv)(4)(d)."
SECTION 12. A. Section 12-37-2810 of the 1976 Code, as added by Act 461 of 1996, is amended to read:
"Section 12-37-2810. As used in this article, unless the context requires otherwise:
(A) 'Motor carrier' means a person who owns, controls, operates, manages, or leases a motor vehicle or bus for the transportation of property or persons in intrastate or interstate commerce except for scheduled intercity bus service. A motor carriers are further carrier is defined further as being a South Carolina-based International Registration Plan registrant or owning or leasing real property within this State used directly in the transportation of freight or persons.
(B) 'Motor vehicle' means a motor propelled vehicle used for the transportation of property on a public highway with a gross vehicle weight of greater than twenty-six thousand pounds.
(C) 'Highway' means all public roads, highways, streets, and ways in this State, whether within a municipality or outside of a municipality.
(D) 'Person' means any individual, corporation, firm, partnership, company or association, and includes a guardian, trustee, executor, administrator, receiver, conservator, or a person acting in a fiduciary capacity.
(E) 'Semitrailers' means every vehicle with or without motive power, other than a pole trailer, designed for carrying property and for being drawn by a motor vehicle and constructed so that a part of its weight and of its load rests upon or is carried by another vehicle.
(F) 'Trailers' means every vehicle with or without motive power, other than a pole trailer, designed for carrying property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle.
(G) 'Bus' means every motor vehicle designed for carrying more than sixteen passengers and used for the transportation of persons, for compensation, other than a taxicab or intercity bus."
B. Section 12-37-2820 of the 1976 Code, as last amended by Act 125 of 1997, is further amended to read:
"Section 12-37-2820. (A) The Department of Revenue annually shall assess, equalize, and apportion the valuation of all motor vehicles of motor carriers. The valuation must be based on fair market value for the motor vehicles and an assessment ratio of nine and one-half percent as provided by Section 12-43-220(g). Fair market value is determined by depreciating the gross capitalized cost of each motor vehicle by an annual percentage depreciation allowance down to ten percent of the cost as follows:
(1) Year One - .90
(2) Year Two - .80
(3) Year Three - .65
(4) Year Four - .50
(5) Year Five - .35
(6) Year Six - .25
(7) Year Seven - .20
(8) Year Eight - .15
(9) Year Nine - .10
(B) 'Gross capitalized cost', as used in this section, means the original cost upon acquisition for income tax purposes, not to include taxes, interest, or cab customizing."
C. Section 12-37-2830 of the 1976 Code, as last amended by Act 125 of 1997, is further amended to read:
"Section 12-37-2830. The value of a motor carrier's vehicles subject to property taxes in this State must be determined by the Department of Revenue based on the ratio of total mileage operated within this State during the preceding calendar year to the total mileage of its entire fleet operated within and without this State during the same preceding calendar year."
D. Section 12-37-2840 of the 1976 Code, as last amended by Act 125 of 1997, is further amended to read:
"Section 12-37-2840. Motor carriers must file an annual property tax return with the Department of Revenue no later than the thirtieth day of June 30 for the preceding calendar year and remit one-half or the entire tax due as stated on the return. If the motor carrier fails to file its return, the department shall issue a proposed assessment which assumes all mileage was within this State. If one-half of the tax is remitted on or before June 30, the remaining one-half of the tax due must be paid to the Department of Revenue on or before December 31. If the motor carrier fails to remit tax due pursuant to this section, the department shall issue a notice to the motor carrier demanding payment for the entire amount shown to be due. If the motor carrier fails to remit the tax due within thirty days of receipt of the notice, the Department of Revenue shall notify the Department of Public Safety, which must may not renew the registrations of the motor vehicles required by this article to be on the property tax return. A twenty-five percent penalty must be added to the property tax due and the tax and penalty must be paid in full by cashier's check, money order, or cash. The penalty required by this section is instead of all other penalties and interest required by law.
Upon payment in full, the Department of Revenue shall notify the Department of Public Safety which then shall allow for registrations of the motor vehicles."
E. Section 12-37-2850 of the 1976 Code, as last amended by Act 125 of 1997, is further amended to read:
"Section 12-37-2850. The Department of Revenue shall assess annually the taxes due based on the value determined in Section 12-28-2820 and an average millage for all purposes statewide for the current preceding calendar year and shall publish the average millage for the preceding year by June 1 of each year. The average millage may be increased to cover loss of revenue incurred by the Department of Revenue from not licensing trailers. The taxes assessed must be paid to the Department of Revenue no later than December thirty-first 31 of each year and may be made in two equal installments. Distribution of the taxes paid must be made by the State Treasurer's Office based on the distribution formula contained in Section 12-37-2870."
F. This act takes effect upon approval by the Governor for calendar years beginning after December 31, 1997.
SECTION 13. Section 4-10-40(B) of the 1976 Code, as last amended by Act 109 of 1991, is further amended to read:
"(B)(1) All of the revenue received by a county and municipality from the Property Tax Credit Fund must be used to provide a credit against the property tax liability of taxpayers in the county and municipality in an amount determined by multiplying the appraised value of the taxpayer's taxable property by a fraction in which the numerator is the total estimated revenue received by the county or municipality from the Property Tax Credit Fund during the applicable fiscal year of the political subdivision and the denominator is the total of the appraised value of taxable property in the county or municipality as of January first 1 of the applicable taxable year.
(2) For purposes of this chapter:
(a) property tax liability includes liability to pay fees in lieu of property taxes;
(b) taxable property includes exempt property for which the owner must pay fees in lieu of property taxes; and
(c) reference to liability for fees in lieu of tax applies to fees arising pursuant to Section 4-1-170 in connection with location in a multi-county industrial or business park as provided in Section 13 of Article VIII of the Constitution of the State of South Carolina."
SECTION 14. A. Section 12-14-40 of the 1976 Code, as added by Act 25 of 1995, is amended to read:
"Section 12-14-40. (A) The designation of an area as an economic impact zone must be made by the State Budget and Control Board. It remains in effect during the period beginning on the date the board designates the area an economic impact zone and ending on the earlier of:
(1) December thirty-first of the fifteenth calendar year following the calendar year in which the designation occurs, or
(2) a termination date designated by legislative enactment of the General Assembly.
(B) A designation may be revoked by the General Assembly only after a hearing on the record in which officials of the county or municipality involved may participate."
B. Section 12-14-60 of the 1976 Code, as amended by Act 151 of 1997, is further amended to read:
"Section 12-14-60. (A) (1) There is allowed as a an economic impact zone investment tax credit against the tax imposed pursuant to Chapter 7 6 of this title an economic impact zone investment tax credit for any taxable year in which the taxpayer places in service an amount equal to five percent of the aggregate bases of economic impact zone qualified manufacturing and productive equipment properties property. placed in service during such taxable year in the economic impact zone.
(2) The amount of the credit allowed by this section is equal to the aggregate of:
three-year property one percent of total aggregate bases for all three-year property that qualifies;
five-year property two percent of total aggregate bases for all five-year property that qualifies;
seven-year property three percent of total aggregate bases for all seven-year property that qualifies;
ten-year property four percent of total aggregate bases for all ten-year property that qualifies;
fifteen-year property
or greater five percent of total aggregate bases for all fifteen-year or greater property that qualifies.
For purposes of this section, whether property is three-year property, five-year property, seven-year property, ten-year property, or fifteen-year property is determined based on the applicable recovery period for such property under Section 168(e) of the Internal Revenue Code.
(B) For purposes of this section:
(1) 'economic impact zone qualified manufacturing and productive equipment property' means any property:
(a) which is used as an integral part of manufacturing, or production, or used as an integral part of extraction of or furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services in the economic impact zone;
(b) which is tangible property to which Section 168 of the Internal Revenue Code applies;
(c) which is Section 1245 property (as defined in Section 1245(a)(3)of the Internal Revenue Code); and
(d)(i) the construction, reconstruction, or erection of which is completed by the taxpayer in the economic impact zone; or
(ii) which is acquired by the taxpayer if the original use of such property commences with the taxpayer inside the economic impact zone.
(2) In the case of any computer software which is used to control or monitor a manufacturing or production process inside the economic impact zone and with respect to which depreciation (or amortization in lieu of depreciation) is allowable, the software must be treated as qualified manufacturing and productive equipment property.
(C) This section does not apply to any property to which the other tax credits would apply unless the taxpayer elects to waive the application of the other credits to the property.
(D) Unused credit allowed pursuant to this section may be carried forward for ten years from the close of the tax year in which the credit was earned.
(E) If during any taxable year and before the end of applicable recovery period for such property as determined under Section 168(e) of the Internal Revenue Code, the taxpayer disposes of or removes from the economic impact zone, economic impact zone qualified manufacturing and productive equipment property, then the tax due under Chapter 6 by the taxpayer for the current taxable year must be increased by an amount of any credit claimed in prior years with respect to such property determined by assuming the credit is earned ratably over the useful life of the property and recapturing pro rata the unearned portion of the credit.
(F) For South Carolina income tax purposes, the basis of the economic impact zone qualified manufacturing and productive equipment property must be reduced by the amount of any credit claimed with respect to the property. If a taxpayer is required to recapture the economic impact zone investment tax credit in accordance with subsection (E), the taxpayer may increase the basis of the property by the amount of any basis reduction attributable with claiming the economic impact zone investment tax credit in prior years. The basis must be increased in the year in which the credit is recaptured.
(G) Credits claimed under this section for taxable years beginning after 1997 for investments made before July 1, 1998, may not reduce a taxpayer's state income tax liability by more than fifty percent.
(H) The credit allowed by this section for investments made after June 30, 1998, is limited to no more than five million dollars for an entity subject to the license tax as provided in Section 12-20-100.
(I) Notwithstanding any amendments to Section 12-14-60 of the 1976 Code enacted in the 1998 session of the General Assembly reducing the percentage amount of the economic impact zone investment tax credit or otherwise reducing the amount of the credit allowed, in the case of investments at a project operated by a company pursuant to a revitalization agreement entered into between the company and the South Carolina Advisory Council for Economic Development effective on or before July 1, 1996, the provisions of Section 12-14-60 in existence prior to the 1998 amendment shall apply."
SECTION 15. This act takes effect upon approval by the Governor./
Amend title to conform.
/TO AMEND SECTION 12-28-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM TAX ON MOTOR FUEL, SO AS TO EXEMPT KEROSENE IN CERTAIN INSTANCES AND MOTOR FUEL USED TO TRANSPORT STUDENTS BY STATE-FUNDED INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 12-28-1730, RELATING TO PENALTIES IN CONNECTION WITH TAX ON MOTOR FUEL, SO AS TO FURTHER PROVIDE FOR THE CIVIL PENALTIES WHICH MAY BE IMPOSED REGARDING THE SALE OR USE OF DYED FUEL; TO REPEAL SECTIONS 12-31-220 AND 12-31-250 RELATING TO TEMPORARY AND BIENNIAL REGISTRATION CARDS AND IDENTIFICATION MARKERS FOR MOTOR CARRIERS; TO AMEND ARTICLE 1, CHAPTER 49, TITLE 12, RELATING TO LIENS AND SUITS FOR THE ENFORCED COLLECTION OF TAXES, BY ADDING SECTION 12-49-85 SO AS TO PROVIDE FOR THE REMOVAL OF A TAX, ASSESSMENT, OR PENALTY WHICH PROVES TO BE UNCOLLECTIBLE; TO AMEND SECTION 12-37-251, AS AMENDED, RELATING TO THE HOMESTEAD EXEMPTION FROM PROPERTY TAXES LEVIED FOR SCHOOL OPERATIONS, SO AS TO DELETE LANGUAGE REFERRING TO THE CALCULATION OF THE ROLLBACK MILLAGE IN A YEAR OF REASSESSMENT; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO ASSESSMENT RATIOS FOR PROPERTY TAXES, SO AS TO REQUIRE THE OWNER-OCCUPANT OF A LEGAL RESIDENCE THAT IS BEING PURCHASED BY CONTRACT OF SALE TO RECORD THE CONTRACT IN ORDER TO QUALIFY FOR THE FOUR PERCENT ASSESSMENT RATIO; TO AMEND SECTION 12-54-85, RELATING TO TIME LIMITATIONS FOR ASSESSMENT OF TAXES, SO AS TO PROVIDE THAT THE ASSESSMENT OF THE TAX OCCURS ON THE LATER OF THE LAST DAY THE TAX MAY BE PAID WITHOUT PENALTY OR THE DATE OF THE TAX NOTICE; TO AMEND SECTION 12-6-2520, RELATING TO TAXPAYER OBJECTION TO A PROPERTY TAX ASSESSMENT, SO AS TO PROVIDE FOR AGREEMENT WITH THE OBJECTION WITHOUT A CONFERENCE; TO AMEND SECTION 12-60-2910, AS AMENDED, RELATING TO TAXPAYER OBJECTION TO A PERSONAL PROPERTY TAX ASSESSMENT OR A DENIAL OF A HOMESTEAD EXEMPTION, SO AS TO CONFORM THE DEFINITION OF WHEN THE ASSESSMENT OF THE TAX OCCURS; TO REPEAL SECTION 12-43-225, RELATING TO SPECIAL ASSESSMENT RATIOS, AND SECTION 12-49-80, RELATING TO LAWSUITS BY THE STATE TO COLLECT BACK TAXES; TO AMEND SECTION 61-2-100, RELATING TO PERSONS ALLOWED TO BE LICENSEES OR PERMITTEES OF THE DEPARTMENT OF REVENUE FOR PURPOSES OF SELLING ALCOHOLIC LIQUORS, BEER, AND WINE, SO AS TO PROVIDE FOR THE ISSUANCE OF A LICENSE OR PERMIT TO AN INDIVIDUAL OR TO A BUSINESS OR OTHER ENTITY AND TO ESTABLISH REQUIREMENTS FOR BEING ISSUED THE LICENSE OR PERMIT; TO AMEND SECTION 61-6-505, RELATING TO THE ISSUANCE OF A TEMPORARY LICENSE TO THE PURCHASER OF A RETAIL BUSINESS WHICH SELLS ALCOHOLIC BEVERAGES, SO AS TO INCLUDE ONE WHO ACQUIRES THE BUSINESS BY TRANSFER OTHER THAN PURCHASE; TO AMEND SECTION 61-6-2005, RELATING TO THE ISSUANCE OF A TEMPORARY LICENSE TO THE PURCHASER OF A RETAIL BUSINESS WHICH SELLS ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO INCLUDE ONE WHO ACQUIRES THE BUSINESS BY TRANSFER OTHER THAN PURCHASE; TO AMEND SECTION 61-4-210, RELATING TO THE ISSUANCE OF A TEMPORARY LICENSE TO THE PURCHASER OF A RETAIL BUSINESS WHICH SELLS BEER OR WINE, SO AS TO INCLUDE ONE WHO ACQUIRES THE BUSINESS BY TRANSFER OTHER THAN PURCHASE; TO AMEND SECTION 61-6-2890, RELATING TO STORAGE OF ALCOHOLIC LIQUORS IN A WAREHOUSE, SO AS TO DELETE THE REQUIREMENT OF A BOND; TO REPEAL SECTIONS 61-6-300, 61-6-310, 61-6-320, 61-6-330, 61-6-340, AND 61-6-350, ALL RELATING TO LICENSE BONDS FOR MANUFACTURERS, RETAILERS, AND WHOLESALERS OF ALCOHOLIC BEVERAGES; TO AMEND SECTION 33-44-801, RELATING TO THE DISSOLUTION OF A LIMITED LIABILITY COMPANY, SO AS TO DELETE THE DISSOCIATION OF A MEMBER AS A DISSOLVING EVENT; TO AMEND SECTION 33-44-103, RELATING TO THE OPERATING AGREEMENT OF A LIMITED LIABILITY COMPANY, AND SECTION 33-44-404, RELATING TO MANAGEMENT OF A LIMITED LIABILITY COMPANY, BOTH SO AS TO REFLECT THE DELETION OF THE DISSOCIATION OF A MEMBER AS A DISSOLVING EVENT; TO AMEND SECTION 33-44-503, RELATING TO RIGHTS OF A TRANSFEREE OF AN INTEREST IN A LIMITED LIABILITY COMPANY, SO AS TO RENUMBER A CROSS REFERENCE TO SECTION 33-44-801; TO AMEND SECTION 33-44-603, RELATING TO THE EFFECT OF A MEMBER'S DISSOCIATION FROM A LIMITED LIABILITY COMPANY, AND SECTION 33-44-701, RELATING TO COMPANY PURCHASE OF AN INTEREST IN A LIMITED LIABILITY COMPANY, BOTH SO AS TO REFLECT THE DELETION OF THE DISSOCIATION OF A MEMBER AS A DISSOLVING EVENT; TO AMEND SECTION 12-37-2810, RELATING TO MOTOR CARRIERS FOR PURPOSES OF ASSESSMENT OF PROPERTY TAXES, SO AS TO INCLUDE "BUS" IN THE DEFINITIONS OF A MOTOR VEHICLE OF MOTOR CARRIER; TO AMEND SECTION 12-37-2820, AS AMENDED, RELATING TO THE VALUATION OF MOTOR VEHICLES OF MOTOR CARRIERS, SO AS TO DEFINE "GROSS CAPITALIZED COST"; TO AMEND SECTION 12-37-2830, AS AMENDED, RELATING TO THE VALUATION OF MOTOR VEHICLES OF MOTOR CARRIERS, SO AS TO DELETE REFERENCE TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-37-2840, AS AMENDED, RELATING TO THE FAILURE OF A MOTOR CARRIER TO FILE AN ANNUAL PROPERTY TAX RETURN, SO AS TO PROVIDE FOR A PROPOSED ASSESSMENT BY THE DEPARTMENT OF REVENUE WHICH ASSUMES ALL MILEAGE WAS WITHIN THIS STATE; TO AMEND SECTION 12-37-2850, AS AMENDED, RELATING TO THE ESTABLISHMENT OF A STATEWIDE AVERAGE MILLAGE FOR ASSESSMENT OF TAXES ON MOTOR VEHICLES OF MOTOR CARRIERS, SO AS TO REQUIRE THE PUBLISHING OF THE AVERAGE MILLAGE BY JUNE 1; TO AMEND SECTION 4-10-40, AS AMENDED, RELATING TO THE CREDIT OF REVENUES FROM THE PROPERTY TAX CREDIT FUND TO PROPERTY TAX LIABILITY, SO AS TO INCLUDE LIABILITY FOR FEES IN LIEU OF TAXES ARISING OUT OF LOCATION IN A MULTI-COUNTY INDUSTRIAL OR BUSINESS PARK; TO AMEND SECTION 12-14-40, RELATING TO THE DESIGNATION OF AN ECONOMIC IMPACT ZONE, SO AS TO DELETE THE FIFTEEN-YEAR "SUNSET" ON SUCH ZONES; TO AMEND SECTION 12-14-60, AS AMENDED, RELATING TO THE STATE INCOME TAX INVESTMENT CREDIT ALLOWED FOR CERTAIN INVESTMENTS IN ECONOMIC IMPACT ZONES, SO AS TO DELETE THE FIVE PERCENT CREDIT AND REPLACE IT WITH A GRADUATED PERCENTAGE FROM ONE TO FIVE PERCENT BASED ON THE INVESTMENT'S USEFUL LIFE AND TO LIMIT THE TOTAL CREDIT ALLOWED A UTILITY FOR INVESTMENTS MADE AFTER JUNE 30, 1998, TO FIVE MILLION DOLLARS, LIMIT ALL CREDITS FOR INVESTMENTS MADE BEFORE JULY 1, 1998, TO NO MORE THAN FIFTY PERCENT OF THE TAX LIABILITY, AND TO MAKE OTHER TECHNICAL CHANGES; AND TO PROVIDE VARIOUS EFFECTIVE DATES./
/s/John W. Drummond /s/Henry E. Brown, Jr. /s/John C. Land /s/William D. Boan /s/Glenn F. McConnell /s/Annette Young-Brickell On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
Columbia, S.C., June 16, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it requested and was granted Free Conference Powers and has appointed Reps. H. Brown, Young-Brickell and Boan to a Committee of Free Conference on the part of the House on:
H. 4853 -- Rep. Boan: A BILL TO AMEND SECTION 12-28-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM TAX ON MOTOR FUEL, SO AS TO SET PERCENTAGES OF REFUND FOR TAXABLE MOTOR FUEL USED TO OPERATE CERTAIN POWER TAKE-OFF EQUIPMENT, AND TO EXEMPT KEROSENE IN CERTAIN INSTANCES AND MOTOR FUEL USED TO TRANSPORT STUDENTS FOR STATE-FUNDED INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 12-28-1730, RELATING TO PENALTIES IN CONNECTION WITH TAX ON MOTOR FUEL, SO AS TO FURTHER PROVIDE FOR THE CIVIL PENALTIES WHICH MAY BE IMPOSED REGARDING THE SALE OR USE OF DYED FUEL; AND TO REPEAL SECTIONS 12-31-220 AND 12-31-250 RELATING TO TEMPORARY AND BIENNIAL REGISTRATION CARDS AND IDENTIFICATION MARKERS FOR MOTOR CARRIERS.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 16, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
H. 4853 -- Rep. Boan: A BILL TO AMEND SECTION 12-28-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM TAX ON MOTOR FUEL, SO AS TO SET PERCENTAGES OF REFUND FOR TAXABLE MOTOR FUEL USED TO OPERATE CERTAIN POWER TAKE-OFF EQUIPMENT, AND TO EXEMPT KEROSENE IN CERTAIN INSTANCES AND MOTOR FUEL USED TO TRANSPORT STUDENTS FOR STATE-FUNDED INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 12-28-1730, RELATING TO PENALTIES IN CONNECTION WITH TAX ON MOTOR FUEL, SO AS TO FURTHER PROVIDE FOR THE CIVIL PENALTIES WHICH MAY BE IMPOSED REGARDING THE SALE OR USE OF DYED FUEL; AND TO REPEAL SECTIONS 12-31-220 AND 12-31-250 RELATING TO TEMPORARY AND BIENNIAL REGISTRATION CARDS AND IDENTIFICATION MARKERS FOR MOTOR CARRIERS.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 16, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that the report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification:
H. 4853 -- Rep. Boan: A BILL TO AMEND SECTION 12-28-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM TAX ON MOTOR FUEL, SO AS TO SET PERCENTAGES OF REFUND FOR TAXABLE MOTOR FUEL USED TO OPERATE CERTAIN POWER TAKE-OFF EQUIPMENT, AND TO EXEMPT KEROSENE IN CERTAIN INSTANCES AND MOTOR FUEL USED TO TRANSPORT STUDENTS FOR STATE-FUNDED INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 12-28-1730, RELATING TO PENALTIES IN CONNECTION WITH TAX ON MOTOR FUEL, SO AS TO FURTHER PROVIDE FOR THE CIVIL PENALTIES WHICH MAY BE IMPOSED REGARDING THE SALE OR USE OF DYED FUEL; AND TO REPEAL SECTIONS 12-31-220 AND 12-31-250 RELATING TO TEMPORARY AND BIENNIAL REGISTRATION CARDS AND IDENTIFICATION MARKERS FOR MOTOR CARRIERS.
Very respectfully,
Speaker of the House
Received as information.
H. 3300 -- Reps. Breeland, Cave, Inabinett, Mack, J. Hines, Govan, M. Hines, J. Brown, Lloyd, Pinckney and Byrd: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE FOR THE ISSUANCE OF FRATERNITY AND SORORITY LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED.
The Senate resumed consideration of the Report of the Committee of Conference.
Senator HUTTO continued speaking on the report.
Senator McCONNELL spoke on the report.
On motion of Senator HUTTO, with unanimous consent, Free Conference Powers were granted.
Whereupon, the PRESIDENT Pro Tempore appointed Senators PATTERSON, HUTTO and RAVENEL to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
On motion of Senator HUTTO, the Report of the Committee of Free Conference to H. 3300 was adopted as follows:
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3300 -- Reps. Breeland, Cave, Inabinett, Mack, J. Hines, Govan, M. Hines, J. Brown, Lloyd, Pinckney and Byrd: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE FOR THE ISSUANCE OF FRATERNITY AND SORORITY LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 24 of Act 258 of 1998 is amended to read:
"SECTION 24. Sections 1, 2, 12, 13, 14, 15, 16, and 24 take effect upon approval by the Governor unless otherwise provided. The provision in Section 13 that enhances the suspension period from two years to four years for a third conviction within five years of a first offense of operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics shall not apply unless the first, second, and third offense convictions occurred after the effective date of this act. Sections 3, 4, 5, 6, 7, 8, 9, 10, and 11, which apply to a person applying for a beginner's permit, provisional or restricted driver's license, or regular motor vehicle driver's license, take effect on July 1, 1998. A person who, on July 1, 1998, is a holder of a valid special restricted license is entitled to retain that license and is exempt from the provisional license requirements. Additionally, a person who is a holder of a valid restricted driver's license on July 1, 1998, may obtain a regular driver's license as contained in Section 56-1-130 before the age of seventeen if, after one year from the date of issuance of the special restricted driver's license, the driver has not been convicted of a point-assessable traffic offense posted to his driver's record during that period. The purpose of this section is to grandfather persons who hold a valid special restricted license on July 1, 1998. No provision in this section must be construed to prevent loss of the holder's licensing privileges for traffic violations or other acts which would otherwise affect his driving privilege. Sections 17, 18, 19, 20, 21, 22, and 23 become effective on October 1, 1997."/
SECTION 2. Section 56-1-141 of the 1976 Code is repealed.
SECTION 3. This act takes effect upon approval by the Governor.
Amend title to read:
/TO AMEND ACT 258 OF 1998, RELATING GENERALLY TO THE ISSUANCE, SUSPENSION, REVOCATION, AND RENEWAL OF A BEGINNER'S PERMIT, SPECIAL RESTRICTED DRIVER'S LICENSE, PROVISIONAL DRIVER'S LICENSE, AND REGULAR DRIVER'S LICENSE, THE EFFECT OF CERTAIN CONVICTIONS ON A PERSON'S DRIVING RECORD, ISSUANCE OF CERTIFICATES FOR COMPLETING A DRIVER TRAINING COURSE, EXCEPTIONS FROM THE DRIVER'S LICENSING REQUIREMENT, THE TESTING OF THE BAC DATAMASTER, THE ISSUANCE OF LAW ENFORCEMENT OFFICER CERTIFICATES, AND THE OPERATION OF COMMERCIAL MOTOR VEHICLES, SO AS TO PROVIDE THAT A PERSON WHO IS A HOLDER OF A SPECIAL RESTRICTED DRIVER'S LICENSE MAY OBTAIN A REGULAR DRIVER'S LICENSE BEFORE THE AGE OF SEVENTEEN UNDER CERTAIN CIRCUMSTANCES; AND TO REPEAL SECTION 56-1-141, RELATING TO THE SUCCESSFUL COMPLETION OF A QUALIFIED SCHOOL DRIVER'S EDUCATION PROGRAM AS EQUIVALENT TO MEETING THE DEPARTMENT OF PUBLIC SAFETY'S STANDARDS TO OBTAIN A PERMIT OR DRIVER'S LICENSE./
/s/Kay Patterson /s/Eugene C. Stoddard /s/C. Bradley Hutto /s/Thomas D. Woodrum /s/Arthur Ravenel, Jr. /s/Robert William Leach On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
Columbia, S.C., June 16, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it requested and was granted Free Conference Powers and has appointed Reps. Stoddard, Leach and Woodrum to a Committee of Free Conference on the part of the House on:
H. 3300 -- Reps. Breeland, Cave, Inabinett, Mack, J. Hines, Govan, M. Hines, J. Brown, Lloyd, Pinckney and Byrd: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE FOR THE ISSUANCE OF FRATERNITY AND SORORITY LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 16, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
H. 3300 -- Reps. Breeland, Cave, Inabinett, Mack, J. Hines, Govan, M. Hines, J. Brown, Lloyd, Pinckney and Byrd: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE FOR THE ISSUANCE OF FRATERNITY AND SORORITY LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 16, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that the report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification:
H. 3300 -- Reps. Breeland, Cave, Inabinett, Mack, J. Hines, Govan, M. Hines, J. Brown, Lloyd, Pinckney and Byrd: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE FOR THE ISSUANCE OF FRATERNITY AND SORORITY LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED.
Very respectfully,
Speaker of the House
Received as information.
H. 3714 -- Reps. Wilkins and Knotts: A BILL TO AMEND SECTION 20-3-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAME CHANGE OF A WOMAN UPON DIVORCE AND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO AUTHORIZE THE FAMILY COURT ALSO TO GRANT A NAME CHANGE UPON AN ORDER OF SEPARATE MAINTENANCE.
Whereupon, the PRESIDENT Pro Tempore appointed Senators COURTNEY, GREGORY and JACKSON of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
H. 3714 -- Reps. Wilkins and Knotts: A BILL TO AMEND SECTION 20-3-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAME CHANGE OF A WOMAN UPON DIVORCE AND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO AUTHORIZE THE FAMILY COURT ALSO TO GRANT A NAME CHANGE UPON AN ORDER OF SEPARATE MAINTENANCE.
On motion of Senator COURTNEY, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator COURTNEY spoke on the report.
On motion of Senator COURTNEY, the Report of the Committee of Conference to H. 3714 was adopted as follows:
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3714 -- Reps. Wilkins and Knotts: A BILL TO AMEND SECTION 20-3-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAME CHANGE OF A WOMAN UPON DIVORCE AND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO AUTHORIZE THE FAMILY COURT ALSO TO GRANT A NAME CHANGE UPON AN ORDER OF SEPARATE MAINTENANCE.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 20-3-180 of the 1976 Code is amended to read:
"Section 20-3-180. The court may, upon the granting of final judgment of divorce or an order of separate maintenance, may allow a wife party to resume her maiden name a former surname or the name surname of any a former husband spouse."
SECTION 2. Section 20-7-420(8) of the 1976 Code is amended to read:
"(8) To hear and determine actions for changing names, whether in connection with a divorce or a separate support and maintenance action or apart therefrom."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/C. Tyrone Courtney /s/James H. Harrison Chauncey K. "Greg" Gregory /s/William "Bill" Clyburn /s/Darrell Jackson /s/William F. "Bill" Cotty On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
Columbia, S.C., June 16, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
H. 3714 -- Reps. Wilkins and Knotts: A BILL TO AMEND SECTION 20-3-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAME CHANGE OF A WOMAN UPON DIVORCE AND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO AUTHORIZE THE FAMILY COURT ALSO TO GRANT A NAME CHANGE UPON AN ORDER OF SEPARATE MAINTENANCE.
Very respectfully,
Speaker of the House
The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
A message was sent to the House accordingly.
H. 4851 -- Rep. Boan: A BILL TO AMEND SECTION 12-4-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A WITNESS APPEARING BEFORE THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE THAT THE COMPENSATION OR FEE OF THE WITNESS, OR THAT OF AN OFFICER SERVING PROCESS, BE PAID FROM INCOME TAX REVENUES; TO AMEND SECTION 12-6-3370, RELATING TO A STATE INCOME TAX CREDIT IN CONNECTION WITH A WATER CONTROL SYSTEM, SO AS TO FURTHER PROVIDE FOR THE REQUIREMENTS IN ORDER TO QUALIFY FOR THE CREDIT; TO AMEND SECTION 12-6-4970, RELATING TO TIME FOR FILING OF TAX RETURN, SO AS TO ESTABLISH TIMES FOR FILING BY A FOREIGN CORPORATION WITHOUT A PLACE OF BUSINESS IN THE UNITED STATES AND BY ELECTRONIC FILING; TO AMEND SECTION 12-6-5550, RELATING TO INCOME TAX REFUNDS, SO AS TO PROVIDE THAT FEDERAL AND STATE REFUNDS ARE PAYABLE TO SURVIVING SPOUSE OF DECEASED TAXPAYER; TO AMEND SECTION 12-11-30, RELATING TO THE INCOME TAX REPLACING MOST OTHER TAXES AGAINST BANKS, SO AS TO CHANGE REFERENCES IN THE SECTION FROM "DOCUMENTARY STAMP TAX" TO "DEED RECORDING FEE"; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO CORPORATION LICENSE FEES, SO AS TO ALLOW REDUCTION OF THE FEE BY CERTAIN INCOME TAX CREDITS; TO AMEND SECTION 12-21-2550, RELATING TO STAMP AND BUSINESS LICENSE TAXES, SO AS TO DELETE THE TEN PERCENT PENALTIES FOR FAILURE TO MAKE A RETURN OR TO TIMELY PAY THE TAX DUE; TO AMEND SECTION 12-21-6580, RELATING TO CALCULATION OF ADMISSIONS TAX ON EXPANDED FACILITIES, SO AS TO UPDATE CROSS REFERENCES; TO AMEND SECTION 12-36-1340, RELATING TO COLLECTION OF SALES AND USE TAX BY A RETAIL SELLER, SO AS TO REVISE THE CIRCUMSTANCES WHEN A SELLER MUST COLLECT AND REMIT TAX AND OBTAIN A RETAIL LICENSE FROM THE DEPARTMENT; TO AMEND SECTION 12-37-2860, AS AMENDED, RELATING TO ONE-TIME FEES ON SEMI-TRAILERS AND TRAILERS OF MOTOR CARRIERS, SO AS TO ALLOW THE DEPARTMENT TO KEEP AND SPEND THE FEE REVENUE FOR ADMINISTRATION OF THE FEE AND PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL DESIGN A PERMANENT TAG FOR DISPLAY ON THE REAR EXTERIOR OF THE TRAILER OR SEMI-TRAILER; TO AMEND SECTION 12-54-25, AS AMENDED, RELATING TO INTEREST DUE ON REFUNDED OR CREDITED TAX, SO AS TO PROVIDE THE INTEREST BE PAID FROM REVENUE RAISED BY THE SAME TYPE TAX AS THAT BEING REFUNDED OR CREDITED; TO AMEND SECTION 12-54-55, AS AMENDED, RELATING TO PENALTIES FOR THE UNDERPAYMENT OF DECLARATION OF INCOME TAX, SO AS TO FURTHER PROVIDE FOR THE PENALTY TO BE APPLIED; TO AMEND SECTION 12-54-160, RELATING TO WAIVER BY THE DEPARTMENT OF REVENUE OF PENALTIES ON PAST DUE TAXES, SO AS TO PROHIBIT WAIVER OF INTEREST; TO AMEND SECTION 12-56-90, RELATING TO SET-OFF DEBT COLLECTION, SO AS TO PROVIDE THAT THE EXCHANGE OF INFORMATION AMONG THE DEPARTMENT OF REVENUE, THE DEBTOR, AND THE CLAIMANT AGENCY IS LAWFUL; AND TO AMEND SECTION 44-96-170, AS AMENDED, RELATING TO SOLID WASTE REGULATION AND DISPOSAL, SO AS TO PROVIDE FOR A REFUND OF THE NEW TIRE FEE FOR EACH WASTE TIRE TAKEN TO A WASTE TIRE DISPOSAL FACILITY AND DELETE REQUIREMENTS THAT CERTAIN REFUNDS MUST BE CHARGED AGAINST A COUNTY'S DISTRIBUTION.
On motion of Senator LAND, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator LAND spoke on the report.
On motion of Senator LAND, the Report of the Committee of Conference to H. 4851 was adopted as follows:
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4851 -- Rep. Boan: A BILL TO AMEND SECTION 12-4-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A WITNESS APPEARING BEFORE THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE THAT THE COMPENSATION OR FEE OF THE WITNESS, OR THAT OF AN OFFICER SERVING PROCESS, BE PAID FROM INCOME TAX REVENUES; TO AMEND SECTION 12-6-3370, RELATING TO A STATE INCOME TAX CREDIT IN CONNECTION WITH A WATER CONTROL SYSTEM, SO AS TO FURTHER PROVIDE FOR THE REQUIREMENTS IN ORDER TO QUALIFY FOR THE CREDIT; TO AMEND SECTION 12-6-4970, RELATING TO TIME FOR FILING OF TAX RETURN, SO AS TO ESTABLISH TIMES FOR FILING BY A FOREIGN CORPORATION WITHOUT A PLACE OF BUSINESS IN THE UNITED STATES AND BY ELECTRONIC FILING; TO AMEND SECTION 12-6-5550, RELATING TO INCOME TAX REFUNDS, SO AS TO PROVIDE THAT FEDERAL AND STATE REFUNDS ARE PAYABLE TO SURVIVING SPOUSE OF DECEASED TAXPAYER; TO AMEND SECTION 12-11-30, RELATING TO THE INCOME TAX REPLACING MOST OTHER TAXES AGAINST BANKS, SO AS TO CHANGE REFERENCES IN THE SECTION FROM "DOCUMENTARY STAMP TAX" TO "DEED RECORDING FEE"; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO CORPORATION LICENSE FEES, SO AS TO ALLOW REDUCTION OF THE FEE BY CERTAIN INCOME TAX CREDITS; TO AMEND SECTION 12-21-2550, RELATING TO STAMP AND BUSINESS LICENSE TAXES, SO AS TO DELETE THE TEN PERCENT PENALTIES FOR FAILURE TO MAKE A RETURN OR TO TIMELY PAY THE TAX DUE; TO AMEND SECTION 12-21-6580, RELATING TO CALCULATION OF ADMISSIONS TAX ON EXPANDED FACILITIES, SO AS TO UPDATE CROSS REFERENCES; TO AMEND SECTION 12-36-1340, RELATING TO COLLECTION OF SALES AND USE TAX BY A RETAIL SELLER, SO AS TO REVISE THE CIRCUMSTANCES WHEN A SELLER MUST COLLECT AND REMIT TAX AND OBTAIN A RETAIL LICENSE FROM THE DEPARTMENT; TO AMEND SECTION 12-37-2860, AS AMENDED, RELATING TO ONE-TIME FEES ON SEMI-TRAILERS AND TRAILERS OF MOTOR CARRIERS, SO AS TO ALLOW THE DEPARTMENT TO KEEP AND SPEND THE FEE REVENUE FOR ADMINISTRATION OF THE FEE AND PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL DESIGN A PERMANENT TAG FOR DISPLAY ON THE REAR EXTERIOR OF THE TRAILER OR SEMI-TRAILER; TO AMEND SECTION 12-54-25, AS AMENDED, RELATING TO INTEREST DUE ON REFUNDED OR CREDITED TAX, SO AS TO PROVIDE THE INTEREST BE PAID FROM REVENUE RAISED BY THE SAME TYPE TAX AS THAT BEING REFUNDED OR CREDITED; TO AMEND SECTION 12-54-55, AS AMENDED, RELATING TO PENALTIES FOR THE UNDERPAYMENT OF DECLARATION OF INCOME TAX, SO AS TO FURTHER PROVIDE FOR THE PENALTY TO BE APPLIED; TO AMEND SECTION 12-54-160, RELATING TO WAIVER BY THE DEPARTMENT OF REVENUE OF PENALTIES ON PAST DUE TAXES, SO AS TO PROHIBIT WAIVER OF INTEREST; TO AMEND SECTION 12-56-90, RELATING TO SET-OFF DEBT COLLECTION, SO AS TO PROVIDE THAT THE EXCHANGE OF INFORMATION AMONG THE DEPARTMENT OF REVENUE, THE DEBTOR, AND THE CLAIMANT AGENCY IS LAWFUL; AND TO AMEND SECTION 44-96-170, AS AMENDED, RELATING TO SOLID WASTE REGULATION AND DISPOSAL, SO AS TO PROVIDE FOR A REFUND OF THE NEW TIRE FEE FOR EACH WASTE TIRE TAKEN TO A WASTE TIRE DISPOSAL FACILITY AND DELETE REQUIREMENTS THAT CERTAIN REFUNDS MUST BE CHARGED AGAINST A COUNTY'S DISTRIBUTION.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Article 3, Chapter 4, Title 12 of the 1976 Code is amended by adding:
"Section 12-4-325. (A) The State shall defend employees and officers of the Department of Revenue against liability arising out of their actions within the scope of their employment and indemnify them from resulting loss when they are sued in their official or individual capacities, or both.
(B) Department of Revenue employees and officers are acting within the scope of their employment when administering any South Carolina statute which has not been held to be unconstitutional or unlawful by a final decision of a court of competent jurisdiction. For purposes of this section, a final decision is the decision of a court declaring the South Carolina statute unconstitutional or otherwise unlawful and from which the appropriate officials of this State may not or do not take an appeal or request a rehearing."
SECTION 2. Section 12-4-330(D) of the 1976 Code is amended to read:
"(D) Officers An officer who serve serves summons or subpoenas and witnesses a witness appearing before the commission Department of Revenue will receive receives the same compensation as officers an officer and witnesses a witness in the circuit court. The commission department may incur and pay the expense of obtaining expert witnesses or of other evidence for use by the commission department in a judicial or administrative proceeding. This compensation and expert witness expense must be paid upon certificate of the commission department by the State Treasurer, by drawing upon funds from the type of tax that is involved in the proceeding, or by the political subdivision or political subdivisions for whose benefit these expenses were incurred on income as provided by Section 12-6-510."
SECTION 3. A. Section 12-6-3360(m)(2), (10), and (13) of the 1976 Code, as last amended by Act 143 of 1997, is further amended to read:
"(2) 'Appropriate agency' means the Department of Revenue, for corporations subject to tax under Section 12-6-530 and the Department of Insurance for corporations subject to the premium tax under Chapter 7 of Title 38 except that for taxpayers subject to the premium tax imposed by Chapter 7 of Title 38, it means the Department of Insurance.
(10) 'Corporate office facility' means the location where corporate managerial, professional, technical, and administrative personnel are domiciled and employed, and where corporate financial, personnel, legal, technical, support services, and other business functions are handled. Support services include, but are not limited to, claims processing, date entry, word processing, sales order processing, and telemarketing. The term does not include an establishment where retail sales of tangible personal property or retail services are made to retail customers except for a facility which processes customer sales orders by mail, telephone, or electronic means, if the facility also processes shipments of tangible personal property to customers and if at least seventy-five percent of the dollar amount of goods sold through the facility are sold to customers outside of this State a corporate headquarters that meets the definition of a 'corporate headquarters' contained in Section 12-6-3410(J)(1).
(13) 'Qualifying service-related facility' means:
(a) an establishment engaged in an activity or activities listed under the Standard Industrial Classification (SIC) Code 80 according to the Federal Office of Management and Budget Standard Industrial Classification Manual, 1987 edition; or,
(b) a business, for which over fifty percent of the gross receipts are from providing services, as opposed to manufacturing or selling or dealing in tangible personal property and which creates at least two hundred fifty jobs at a single location other than a business engaged in legal, accounting, or investment services or retail sales, which has a net increase of at least:
(i) two hundred fifty jobs at a single location;
(ii) one hundred twenty-five jobs at a single location and the jobs have an average cash compensation level of more than one and one-half times the per capita income in the county where the jobs are located at the time the jobs are filled;
(iii) seventy-five jobs at a single location and the jobs have an average cash compensation level of more than twice the per capita income in the county where the jobs are located at the time the jobs are filled; or
(iv) thirty jobs at a single location and the jobs have an average cash compensation level of more than two and one-half times the per capita income in the county where the jobs are located at the time the jobs are filled.
The per capita income for each county is determined by using the most recent data available from the Board of Economic Advisors. Determination of the required number of jobs is in accordance with the monthly average described in subsection (F)."
B. Notwithstanding any general effective date provided in this act, this section is effective for property tax years beginning after 1998.
SECTION 4. Section 12-6-3370(D) of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"(D) To qualify for the credit the taxpayer must obtain a construction permit issued by the Department of Health and Environmental Control or a local Soil and Water Conservation District proof of exemption from permit requirements issued by DHEC, the Natural Resources Conservation Service, or a local Soil and Water Conservation District."
SECTION 5. Section 12-6-4970 of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"Section 12-6-4970. (A) Returns of taxpayers, except as otherwise provided, must be filed on or before the fifteenth day of the fourth month following the taxable year.
(B) Returns of corporations must be filed on or before the fifteenth day of the third month following the taxable year. Returns for foreign corporations that do not maintain an office or place of business in the United States must be filed on or before the fifteenth day of the sixth month following the taxable year.
(C) Returns of organizations exempt under Internal Revenue Code Section 501 reporting unrelated business income pursuant to Section 12-6-4910(8), must be filed on or before the fifteenth day of the fifth month following the taxable year.
(D) Information returns provided in Section 12-6-4950 must be filed on or before March fifteenth 15 of each year.
(E) Returns filed electronically have the same due dates as provided in this section."
SECTION 6. Section 12-6-5550 of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"Section 12-6-5550. (A) An A federal or state income tax overpayment due to a person who is deceased at the time of the refund is the sole and separate property of the surviving spouse irrespective of the deceased's filing status on the return.
(B) A refund by the United States or any state directly to the surviving spouse operates as a complete acquittal and discharge of liability from any suit, claim, or demand of any nature by any heir, distributee, or creditor of the decedent, or by any other person."
SECTION 7. Section 12-11-30 of the 1976 Code is amended to read:
"Section 12-11-30. The income tax provided for in this chapter shall be in lieu is instead of all other taxes on banks, except the use tax, the documentary stamp tax deed recording fee, and taxes on real property. The real property of any such a bank shall be is taxed in the place where it may be is located, the same as the real property of individuals."
SECTION 8. The 1976 Code is amended by adding:
"Section 12-20-175. License fees may be reduced by credits provided in Section 12-6-3410 or Section 12-6-3480, or both of them."
SECTION 9. Section 12-21-2550 of the 1976 Code is amended to read:
"Section 12-21-2550. (A) The license tax imposed by this article is due and payable in monthly installments on or before the twentieth day of each month. and every A person liable to the tax shall on or before the twentieth day of each month make a true and correct return to the Commission department, in such form as it may prescribe prescribes, showing the number and prices of admissions during the previous month, and remit the tax therewith with the return.
(B) In case of failure If a person fails to make a true and correct return or failure fails to file the return, the Commission department shall make a return upon such the information as it may be is able to obtain, assess the tax due thereon, and add a penalty of ten percent, whereupon the Commission shall mail notice to the taxpayer and, in case of failure to pay the tax within ten days after the mailing of any such notice, the Commission shall add an additional penalty of ten percent. Execution must be issued in the manner and with the force provided in Sections 12-21-3020 and 12-21-3040."
SECTION 10. Section 12-21-6580 of the 1976 Code, as added by Act 109 of 1997, is amended to read:
"Section 12-21-6580. If a major tourism or recreation facility or a major tourism and recreation area is expanded or improved with an additional twenty million dollar investment being made within an investment period or if a major tourism and recreation area is expanded or improved with an additional twenty million dollar investment being made within an investment period, the amount of admissions tax revenues to be subject to Sections 12-21-2510 12-21-6530 and 12-21-2530 12-21-6540 for the benefit period is the amount in excess of the annual admissions tax revenues previously generated by the major tourism or recreation facility, or by all of the tourism or recreation facilities within the major tourism or recreation area, as appropriate. This amount is determined by using the average of the admissions tax revenues generated during the twenty-four months preceding the date of the filing of the certification application."
SECTION 11. Section 12-36-1340 of the 1976 Code, as added by Act 612 of 1990, is amended to read:
"Section 12-36-1340. Every Each seller making retail sales of tangible personal property for storage, use, or other consumption in this State who shall collect and remit the tax in accordance with this chapter and shall obtain from the department a retail license as provided in this chapter, if the retail seller:
(1) maintains a place of business;
(2) qualifies to do business;
(3) solicits and receives purchases or orders by an agent or salesman; or
(4) distributes catalogs, or other advertising matter, and by reason thereof of that distribution receives and accepts orders from residents within the State;
Shall collect and remit the tax in accordance with this chapter."
SECTION 12. Section 12-37-2860 of the 1976 Code, as last amended by Act 125 of 1997, is further amended to read:
"Section 12-37-2860. (A) Instead of the property taxes and registration requirements contained in Sections 56-3-110 and 56-3-700 on semitrailers and trailers of motor carriers as defined in Section 12-37-2810, a one-time fee payable to the Department of Public Safety in the amount of eighty-seven dollars is due on all semitrailers and trailers currently registered and subsequently on each semitrailer and trailer before being placed in service.
(B) Twelve dollars of the one-time fee must be distributed to the Department of Revenue and may be retained by the Department of Revenue and expended in budgeted operations to record and administer the fee. The Department of Public Safety shall design a permanent tag for display on the exterior of the rear of the trailer or semitrailer in a conspicuous place. The remaining seventy-five dollars of the fee must be distributed based on the distribution formula contained in Section 12-37-2870. The distribution of fees collected pursuant to this section by the Department of Public Safety and must occur by the fifteenth day of the month following the month in which the fees are collected.
(C) The fee required by this section is due on or before March 31, 1998, for the initial registration.
(D) The Department of Public Safety shall design a permanent tag for display on the exterior of the rear of the trailer or semitrailer in a conspicuous place."
SECTION 13. Section 12-54-25(C) of the 1976 Code is amended to read:
"(C)(1) Any tax refunded or credited must include interest on the amount of the credit or refund from the later of either the date the tax was paid or the original due date of the return to either the date the refund was sent or delivered to the taxpayer or the credit made. If any overpayment of tax imposed by this title is refunded within seventy-five days after the last day prescribed for filing the tax return, determined without regard to any extension of time for filing the return, or, in the case of a return filed after the last date, is refunded within seventy-five days after the date the return is filed, no interest is allowed under this subsection on the overpayment. If the taxpayer files a claim for a credit or refund for any overpayment of tax, and the overpayment is refunded within seventy-five days after the claim is filed, no interest is allowed on the overpayment from the date the claim is filed until the day the refund is made.
(2) This interest must be paid by drawing upon funds from the type of tax being refunded or credited. The funds withdrawn may be expended by the department in the payment of interest on refunds.
(3) Interest is not allowed pursuant to this subsection on an overpayment if it is refunded:
(a) within seventy-five days after the last day prescribed for filing the tax return, without regard to an extension of time for filing;
(b) within seventy-five days after the return is filed, in the case of a return filed after the last date; or
(c) within seventy-five days after the taxpayer files a claim for a credit or refund for the overpayment of tax for the period between the filing of the claim to the payment of the refund."
SECTION 14. Section 12-54-55 of the 1976 Code, as last amended by Act 76 of 1995, is further amended to read:
"Section 12-54-55. In the case of an underpayment of declaration of estimated tax by an individual, estate, trust, or corporate taxpayer, in lieu instead of all other penalties provided by law, there must be added to the tax for the taxable year a penalty to be determined as follows:
(1) In the case of an individual taxpayer, estate, or trust in the same manner as prescribed by the provisions of Internal Revenue Code Section 6654, and applicable regulations, except that under Internal Revenue Code Section 6654(e)(1) one hundred dollars applies rather than five hundred dollars. No interest or penalty is due under this item for underpayments attributable to personal service income earned in another state on which was withheld income tax due the other state was withheld.
(2) In the case of a corporate taxpayer, in the same manner as prescribed by the provisions of Internal Revenue Code Section 6655, and applicable regulations, except that:
(a) the small amount provisions are one hundred dollars rather than five hundred dollars;
(b) the first installment payment for corporations is due on March 15, or in the case of a taxable year beginning on any date other than January 1, there is substituted the month which corresponds thereto to that date; and
(c) for the annualized installment method, income for the first installment is annualized using the first two months of the taxable year."
SECTION 15. Section 12-54-160 of the 1976 Code is amended to read:
"Section 12-54-160. The Commission, Unless otherwise specifically prohibited, within a specific section, the department may waive, dismiss, or reduce penalties provided for in this chapter; interest may not be waived, dismissed, or reduced."
SECTION 16. Section 12-56-90 of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"Section 12-56-90. (A) All The exchange of information exchanged among the department, claimant agency, and the debtor necessary to accomplish and effectuate the intent of pursuant to this chapter is lawful.
(B) The information obtained by a claimant agency from the department in accordance with the exemption allowed by subsection (A) may only be used by the agency only in the pursuit of its debt collection duties and practices. and any A person employed by or formerly employed by the agency who discloses the information for any other another purpose is subject to the penalties provided in Section 12-54-240."
SECTION 17. Section 44-96-170(L) and (M) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(L)(1) For sales made on or after November 1, 1991, there is imposed a fee of two dollars per for each new tire sold to the ultimate consumer, whether or not the tire is mounted by the seller or not. The wholesaler or retailer receiving new tires from unlicensed wholesalers shall be is responsible for paying the fee imposed by this section subsection.
(2) The Department of Revenue shall administer, collect, and enforce the tire disposal fee in the same manner that the sales and use taxes are collected pursuant to Chapter 36 of Title 12. The fee imposed by this section subsection must be remitted on a monthly basis. However, taxpayers are not required to make payments under Section 12-36-2600. In lieu Instead of the discount allowed pursuant to Section 12-36-2610, the taxpayer may retain three percent of the total fees collected as an administrative collection allowance. This allowance applies whether or not the return is timely filed.
(3) The department shall deposit all fees collected to the credit of the State Treasurer. The State Treasurer who shall establish a separate and distinct account from the state general fund.
(a) The State Treasurer shall distribute one and one-half dollars of for each tire sold, less applicable credit, refund, and discount, to each county based upon the population in each county according to the most recent United States Census. The county shall use these funds for collection and disposal of waste tires generated within that county.
(b) The remaining portion of the tire disposal fee is to be credited to the Solid Waste Management Trust Fund by the State Treasurer for the Waste Tire Grant Trust Fund, which is established under the administration of the South Carolina Department of Health and Environmental Control.
(c) The General Assembly shall review the waste tire disposal fee every five years.
(M) A wholesaler or retailer required to submit a fee under pursuant to subsection (L) who delivers or arranges delivery of waste tires to a permitted waste tire disposal facility may apply for a refund of one dollar per for each tire delivered. In no case may A refund may not be approved for a number of tires delivered in excess of the number of new tires sold by the individual wholesaler or retailer. Verification must be provided as required by the South Carolina State Department of Revenue. Any refund made pursuant to this subsection must be charged against the appropriate county's distributions under subsection (L)."
SECTION 18. A. Section 4-10-90(C) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(C) The Department of Revenue shall furnish data to the State Treasurer and to the governing bodies of the counties and municipalities receiving revenues for the purpose of calculating distributions and estimating revenues. The information which may be supplied to counties and municipalities includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information by taxpayer received by appropriate county or municipal officials is considered confidential and is governed by the provisions of Section 12-54-240. A person violating this section is subject to the penalties provided in Section 12-54-240. The State Treasurer may correct misallocations from the Property Tax Credit Fund and County/Municipal Revenue Fund by adjusting subsequent allocations, but these adjustments may be made only in allocations made in the same fiscal year as the misallocation. However, allocations made as a result of city or county code errors must be corrected prospectively."
B. This section is effective for tax years beginning after December 31, 1998.
SECTION 19. A. Section 4-12-20 of the 1976 Code, as added by Act 125 of 1995, is amended to read:
"Section 4-12-20. Every agreement between a county, council or county councils municipality, school district, water and sewer authority, or other political subdivision and another party in the form of a lease must contain a provision requiring the industry other party to make payments to the county or counties, municipality or municipalities, school district or school districts, water and sewer authority, and other political units subdivisions in which the project is located in lieu of taxes, in the amounts that would result from taxes levied on the project by the a county or counties, municipality or municipalities, school district or school districts, water and sewer authority, and other other political unit or units subdivisions, if the project were owned by the industry other party, but with appropriate reductions similar to the tax exemptions, if any, which would be afforded to the industry other party if it were owner of the project."
B. This section is effective for leases entered into after the approval by the Governor.
SECTION 20. This act takes effect upon approval by the Governor./
Amend title to read:
TO AMEND ARTICLE 3, CHAPTER 4, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL POWERS AND DUTIES OF THE STATE TAX COMMISSION BY ADDING SECTION 12-4-325, SO AS TO REQUIRE THE STATE TO DEFEND EMPLOYEES AND OFFICERS OF THE DEPARTMENT OF REVENUE AGAINST LIABILITY ARISING OUT OF THEIR EMPLOYMENT AND INDEMNIFY THEM FROM RESULTING LOSS; TO AMEND SECTION 12-4-330, AS AMENDED, RELATING TO A WITNESS APPEARING BEFORE THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE THAT THE COMPENSATION OR FEE OF THE WITNESS, OR THAT OF AN OFFICER SERVING PROCESS, BE PAID FROM INCOME TAX REVENUES; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO JOB TAX CREDIT, SO AS TO REDEFINE "CORPORATE OFFICE FACILITY" AND "QUALIFYING SERVICE-RELATED FACILITY", EFFECTIVE FOR PROPERTY TAX YEARS BEGINNING AFTER 1998; TO AMEND SECTION 12-6-3370, RELATING TO A STATE INCOME TAX CREDIT IN CONNECTION WITH A WATER CONTROL SYSTEM, SO AS TO FURTHER PROVIDE FOR THE REQUIREMENTS IN ORDER TO QUALIFY FOR THE CREDIT; TO AMEND SECTION 12-6-4970, RELATING TO TIME FOR FILING OF TAX RETURN, SO AS TO ESTABLISH TIMES FOR FILING BY A FOREIGN CORPORATION WITHOUT A PLACE OF BUSINESS IN THE UNITED STATES AND BY ELECTRONIC FILING; TO AMEND SECTION 12-6-5550, RELATING TO INCOME TAX REFUNDS, SO AS TO PROVIDE THAT FEDERAL AND STATE REFUNDS ARE PAYABLE TO THE SURVIVING SPOUSE OF A DECEASED TAXPAYER; TO AMEND SECTION 12-11-30, RELATING TO THE INCOME TAX REPLACING MOST OTHER TAXES AGAINST BANKS, SO AS TO CHANGE REFERENCES IN THE SECTION FROM "DOCUMENTARY STAMP TAX" TO "DEED RECORDING FEE"; TO ADD SECTION 12-20-175 SO AS TO ALLOW CORPORATION LICENSE FEES TO BE REDUCED BY CERTAIN INCOME TAX CREDITS; TO AMEND SECTION 12-21-2550, RELATING TO STAMP AND BUSINESS LICENSE TAXES, SO AS TO DELETE THE TEN PERCENT PENALTIES FOR FAILURE TO MAKE A RETURN OR TO TIMELY PAY THE TAX DUE; TO AMEND SECTION 12-21-6580, RELATING TO CALCULATION OF ADMISSIONS TAX ON EXPANDED FACILITIES, SO AS TO UPDATE CROSS REFERENCES; TO AMEND SECTION 12-36-1340, RELATING TO COLLECTION OF SALES AND USE TAX BY A RETAIL SELLER, SO AS TO REVISE THE CIRCUMSTANCES WHEN A SELLER MUST COLLECT AND REMIT TAX AND OBTAIN A RETAIL LICENSE FROM THE DEPARTMENT; TO AMEND SECTION 12-37-2860, AS AMENDED, RELATING TO ONE-TIME FEES ON SEMI-TRAILERS AND TRAILERS OF MOTOR CARRIERS, SO AS TO ALLOW THE DEPARTMENT TO KEEP AND SPEND THE FEE REVENUE FOR ADMINISTRATION OF THE FEE AND PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY DESIGN A PERMANENT TAG FOR DISPLAY ON THE REAR EXTERIOR OF THE TRAILER OR SEMI-TRAILER; TO AMEND SECTION 12-54-25, AS AMENDED, RELATING TO INTEREST DUE ON REFUNDED OR CREDITED TAX, SO AS TO PROVIDE THE INTEREST BE PAID FROM REVENUE RAISED BY THE SAME TYPE TAX AS THAT BEING REFUNDED OR CREDITED; TO AMEND SECTION 12-54-55, AS AMENDED, RELATING TO PENALTIES FOR THE UNDERPAYMENT OF DECLARATION OF INCOME TAX, SO AS TO FURTHER PROVIDE FOR APPLICATION OF THE PENALTY; TO AMEND SECTION 12-54-160, RELATING TO WAIVER BY THE DEPARTMENT OF REVENUE OF PENALTIES ON PAST DUE TAXES, SO AS TO ALLOW THE WAIVER, DISMISSAL, OR REDUCTION OF PENALTIES UNLESS SPECIFICALLY PROHIBITED OTHERWISE; TO AMEND SECTION 12-56-90, RELATING TO SET-OFF DEBT COLLECTION, SO AS TO PROVIDE THAT THE EXCHANGE OF INFORMATION AMONG THE DEPARTMENT OF REVENUE, THE DEBTOR, AND THE CLAIMANT AGENCY IS LAWFUL; TO AMEND SECTION 44-96-170, AS AMENDED, RELATING TO SOLID WASTE REGULATION AND DISPOSAL, SO AS TO PROVIDE FOR A REFUND OF THE NEW TIRE FEE FOR EACH WASTE TIRE TAKEN TO A WASTE TIRE DISPOSAL FACILITY AND DELETE REQUIREMENTS THAT CERTAIN REFUNDS MUST BE CHARGED AGAINST A COUNTY'S DISTRIBUTION; TO AMEND SECTION 4-10-90, AS AMENDED, RELATING TO ALLOCATIONS TO LOCAL GOVERNING BODIES FROM THE PROPERTY TAX CREDIT FUND AND COUNTY/MUNICIPAL REVENUE FUND, SO AS TO REQUIRE PROSPECTIVE CORRECTION OF MISALLOCATIONS DUE TO CITY OR COUNTY CODE ERRORS, FOR TAX YEARS AFTER 1998; AND TO AMEND SECTION 4-12-20, RELATING TO LEASE PROVISIONS FOR FEES IN LIEU OF PROPERTY TAXES, SO AS TO ALLOW THE PARTIES TO THE LEASE AGREEMENTS TO BE OTHER THAN A COUNTY AND OTHER THAN AN INDUSTRY.
Amend title to conform.
/s/John Drummond /s/Henry E. Brown, Jr. /s/John C. Land, III /s/William D. Boan /s/Glenn F. McConnell /s/Annette Young-Brickell On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
Columbia, S.C., June 16, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
H. 4851 -- Rep. Boan: A BILL TO AMEND SECTION 12-4-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A WITNESS APPEARING BEFORE THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE THAT THE COMPENSATION OR FEE OF THE WITNESS, OR THAT OF AN OFFICER SERVING PROCESS, BE PAID FROM INCOME TAX REVENUES; TO AMEND SECTION 12-6-3370, RELATING TO A STATE INCOME TAX CREDIT IN CONNECTION WITH A WATER CONTROL SYSTEM, SO AS TO FURTHER PROVIDE FOR THE REQUIREMENTS IN ORDER TO QUALIFY FOR THE CREDIT; TO AMEND SECTION 12-6-4970, RELATING TO TIME FOR FILING OF TAX RETURN, SO AS TO ESTABLISH TIMES FOR FILING BY A FOREIGN CORPORATION WITHOUT A PLACE OF BUSINESS IN THE UNITED STATES AND BY ELECTRONIC FILING; TO AMEND SECTION 12-6-5550, RELATING TO INCOME TAX REFUNDS, SO AS TO PROVIDE THAT FEDERAL AND STATE REFUNDS ARE PAYABLE TO SURVIVING SPOUSE OF DECEASED TAXPAYER; TO AMEND SECTION 12-11-30, RELATING TO THE INCOME TAX REPLACING MOST OTHER TAXES AGAINST BANKS, SO AS TO CHANGE REFERENCES IN THE SECTION FROM "DOCUMENTARY STAMP TAX" TO "DEED RECORDING FEE"; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO CORPORATION LICENSE FEES, SO AS TO ALLOW REDUCTION OF THE FEE BY CERTAIN INCOME TAX CREDITS; TO AMEND SECTION 12-21-2550, RELATING TO STAMP AND BUSINESS LICENSE TAXES, SO AS TO DELETE THE TEN PERCENT PENALTIES FOR FAILURE TO MAKE A RETURN OR TO TIMELY PAY THE TAX DUE; TO AMEND SECTION 12-21-6580, RELATING TO CALCULATION OF ADMISSIONS TAX ON EXPANDED FACILITIES, SO AS TO UPDATE CROSS REFERENCES; TO AMEND SECTION 12-36-1340, RELATING TO COLLECTION OF SALES AND USE TAX BY A RETAIL SELLER, SO AS TO REVISE THE CIRCUMSTANCES WHEN A SELLER MUST COLLECT AND REMIT TAX AND OBTAIN A RETAIL LICENSE FROM THE DEPARTMENT; TO AMEND SECTION 12-37-2860, AS AMENDED, RELATING TO ONE-TIME FEES ON SEMI-TRAILERS AND TRAILERS OF MOTOR CARRIERS, SO AS TO ALLOW THE DEPARTMENT TO KEEP AND SPEND THE FEE REVENUE FOR ADMINISTRATION OF THE FEE AND PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL DESIGN A PERMANENT TAG FOR DISPLAY ON THE REAR EXTERIOR OF THE TRAILER OR SEMI-TRAILER; TO AMEND SECTION 12-54-25, AS AMENDED, RELATING TO INTEREST DUE ON REFUNDED OR CREDITED TAX, SO AS TO PROVIDE THE INTEREST BE PAID FROM REVENUE RAISED BY THE SAME TYPE TAX AS THAT BEING REFUNDED OR CREDITED; TO AMEND SECTION 12-54-55, AS AMENDED, RELATING TO PENALTIES FOR THE UNDERPAYMENT OF DECLARATION OF INCOME TAX, SO AS TO FURTHER PROVIDE FOR THE PENALTY TO BE APPLIED; TO AMEND SECTION 12-54-160, RELATING TO WAIVER BY THE DEPARTMENT OF REVENUE OF PENALTIES ON PAST DUE TAXES, SO AS TO PROHIBIT WAIVER OF INTEREST; TO AMEND SECTION 12-56-90, RELATING TO SET-OFF DEBT COLLECTION, SO AS TO PROVIDE THAT THE EXCHANGE OF INFORMATION AMONG THE DEPARTMENT OF REVENUE, THE DEBTOR, AND THE CLAIMANT AGENCY IS LAWFUL; AND TO AMEND SECTION 44-96-170, AS AMENDED, RELATING TO SOLID WASTE REGULATION AND DISPOSAL, SO AS TO PROVIDE FOR A REFUND OF THE NEW TIRE FEE FOR EACH WASTE TIRE TAKEN TO A WASTE TIRE DISPOSAL FACILITY AND DELETE REQUIREMENTS THAT CERTAIN REFUNDS MUST BE CHARGED AGAINST A COUNTY'S DISTRIBUTION.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 16, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that the report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification:
H. 4851 -- Rep. Boan: A BILL TO AMEND SECTION 12-4-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A WITNESS APPEARING BEFORE THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE THAT THE COMPENSATION OR FEE OF THE WITNESS, OR THAT OF AN OFFICER SERVING PROCESS, BE PAID FROM INCOME TAX REVENUES; TO AMEND SECTION 12-6-3370, RELATING TO A STATE INCOME TAX CREDIT IN CONNECTION WITH A WATER CONTROL SYSTEM, SO AS TO FURTHER PROVIDE FOR THE REQUIREMENTS IN ORDER TO QUALIFY FOR THE CREDIT; TO AMEND SECTION 12-6-4970, RELATING TO TIME FOR FILING OF TAX RETURN, SO AS TO ESTABLISH TIMES FOR FILING BY A FOREIGN CORPORATION WITHOUT A PLACE OF BUSINESS IN THE UNITED STATES AND BY ELECTRONIC FILING; TO AMEND SECTION 12-6-5550, RELATING TO INCOME TAX REFUNDS, SO AS TO PROVIDE THAT FEDERAL AND STATE REFUNDS ARE PAYABLE TO SURVIVING SPOUSE OF DECEASED TAXPAYER; TO AMEND SECTION 12-11-30, RELATING TO THE INCOME TAX REPLACING MOST OTHER TAXES AGAINST BANKS, SO AS TO CHANGE REFERENCES IN THE SECTION FROM "DOCUMENTARY STAMP TAX" TO "DEED RECORDING FEE"; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO CORPORATION LICENSE FEES, SO AS TO ALLOW REDUCTION OF THE FEE BY CERTAIN INCOME TAX CREDITS; TO AMEND SECTION 12-21-2550, RELATING TO STAMP AND BUSINESS LICENSE TAXES, SO AS TO DELETE THE TEN PERCENT PENALTIES FOR FAILURE TO MAKE A RETURN OR TO TIMELY PAY THE TAX DUE; TO AMEND SECTION 12-21-6580, RELATING TO CALCULATION OF ADMISSIONS TAX ON EXPANDED FACILITIES, SO AS TO UPDATE CROSS REFERENCES; TO AMEND SECTION 12-36-1340, RELATING TO COLLECTION OF SALES AND USE TAX BY A RETAIL SELLER, SO AS TO REVISE THE CIRCUMSTANCES WHEN A SELLER MUST COLLECT AND REMIT TAX AND OBTAIN A RETAIL LICENSE FROM THE DEPARTMENT; TO AMEND SECTION 12-37-2860, AS AMENDED, RELATING TO ONE-TIME FEES ON SEMI-TRAILERS AND TRAILERS OF MOTOR CARRIERS, SO AS TO ALLOW THE DEPARTMENT TO KEEP AND SPEND THE FEE REVENUE FOR ADMINISTRATION OF THE FEE AND PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL DESIGN A PERMANENT TAG FOR DISPLAY ON THE REAR EXTERIOR OF THE TRAILER OR SEMI-TRAILER; TO AMEND SECTION 12-54-25, AS AMENDED, RELATING TO INTEREST DUE ON REFUNDED OR CREDITED TAX, SO AS TO PROVIDE THE INTEREST BE PAID FROM REVENUE RAISED BY THE SAME TYPE TAX AS THAT BEING REFUNDED OR CREDITED; TO AMEND SECTION 12-54-55, AS AMENDED, RELATING TO PENALTIES FOR THE UNDERPAYMENT OF DECLARATION OF INCOME TAX, SO AS TO FURTHER PROVIDE FOR THE PENALTY TO BE APPLIED; TO AMEND SECTION 12-54-160, RELATING TO WAIVER BY THE DEPARTMENT OF REVENUE OF PENALTIES ON PAST DUE TAXES, SO AS TO PROHIBIT WAIVER OF INTEREST; TO AMEND SECTION 12-56-90, RELATING TO SET-OFF DEBT COLLECTION, SO AS TO PROVIDE THAT THE EXCHANGE OF INFORMATION AMONG THE DEPARTMENT OF REVENUE, THE DEBTOR, AND THE CLAIMANT AGENCY IS LAWFUL; AND TO AMEND SECTION 44-96-170, AS AMENDED, RELATING TO SOLID WASTE REGULATION AND DISPOSAL, SO AS TO PROVIDE FOR A REFUND OF THE NEW TIRE FEE FOR EACH WASTE TIRE TAKEN TO A WASTE TIRE DISPOSAL FACILITY AND DELETE REQUIREMENTS THAT CERTAIN REFUNDS MUST BE CHARGED AGAINST A COUNTY'S DISTRIBUTION.
Very respectfully,
Speaker of the House
Received as information.
H. 4535 -- Ways and Means Committee: A BILL TO AMEND TITLE 59, OF THE 1976 CODE BY ADDING CHAPTER 149 SO AS TO ESTABLISH LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS UNDER WHICH THE STATE OF SOUTH CAROLINA SHALL PROVIDE SCHOLARSHIPS TO COVER THE COST OF ATTENDANCE UP TO SPECIFIED LIMITS TO ELIGIBLE RESIDENT STUDENTS ATTENDING CERTAIN PUBLIC OR INDEPENDENT TWO-YEAR AND FOUR-YEAR INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND TECHNICAL COLLEGES; AND BY ADDING SECTION 12-6-3385 SO AS TO ALLOW A REFUNDABLE STATE INDIVIDUAL INCOME TAX CREDIT UP TO SPECIFIED LIMITS FOR TUITION PAID AT A PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER LEARNING IN THIS STATE AND TO DEFINE SUCH INSTITUTIONS, TO PROVIDE THE CRITERIA STUDENTS ELIGIBLE FOR THE CREDIT MUST MEET, TO DEFINE TUITION FOR PURPOSES OF THE CREDIT, AND TO PROVIDE THAT THE CREDIT APPLIES ONLY FOR STUDENTS GRADUATING FROM HIGH SCHOOL DURING OR AFTER MAY, 1998.
Whereupon, the PRESIDENT Pro Tempore appointed Senators DRUMMOND, LAND, McCONNELL of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
H. 4535 -- Ways and Means Committee: A BILL TO AMEND TITLE 59 OF THE 1976 CODE BY ADDING CHAPTER 149 SO AS TO ESTABLISH LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS UNDER WHICH THE STATE OF SOUTH CAROLINA SHALL PROVIDE SCHOLARSHIPS TO COVER THE COST OF ATTENDANCE UP TO SPECIFIED LIMITS TO ELIGIBLE RESIDENT STUDENTS ATTENDING CERTAIN PUBLIC OR INDEPENDENT TWO-YEAR AND FOUR-YEAR INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND TECHNICAL COLLEGES; AND BY ADDING SECTION 12-6-3385 SO AS TO ALLOW A REFUNDABLE STATE INDIVIDUAL INCOME TAX CREDIT UP TO SPECIFIED LIMITS FOR TUITION PAID AT A PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER LEARNING IN THIS STATE AND TO DEFINE SUCH INSTITUTIONS, TO PROVIDE THE CRITERIA STUDENTS ELIGIBLE FOR THE CREDIT MUST MEET, TO DEFINE TUITION FOR PURPOSES OF THE CREDIT, AND TO PROVIDE THAT THE CREDIT APPLIES ONLY FOR STUDENTS GRADUATING FROM HIGH SCHOOL DURING OR AFTER MAY, 1998.
On motion of Senator LAND, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator LAND spoke on the report.
On motion of Senator LAND, with unanimous consent, Free Conference Powers were granted.
Whereupon, the PRESIDENT Pro Tempore appointed Senators DRUMMOND, LAND and McCONNELL to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
On motion of Senator LAND, the Report of the Committee of Free Conference to H. 4535 was adopted as follows:
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
H. 4535 -- Ways and Means Committee: A BILL TO AMEND TITLE 59 OF THE 1976 CODE BY ADDING CHAPTER 149 SO AS TO ESTABLISH LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS UNDER WHICH THE STATE OF SOUTH CAROLINA SHALL PROVIDE SCHOLARSHIPS TO COVER THE COST OF ATTENDANCE UP TO SPECIFIED LIMITS TO ELIGIBLE RESIDENT STUDENTS ATTENDING CERTAIN PUBLIC OR INDEPENDENT TWO-YEAR AND FOUR-YEAR INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND TECHNICAL COLLEGES; AND BY ADDING SECTION 12-6-3385 SO AS TO ALLOW A REFUNDABLE STATE INDIVIDUAL INCOME TAX CREDIT UP TO SPECIFIED LIMITS FOR TUITION PAID AT A PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER LEARNING IN THIS STATE AND TO DEFINE SUCH INSTITUTIONS, TO PROVIDE THE CRITERIA STUDENTS ELIGIBLE FOR THE CREDIT MUST MEET, TO DEFINE TUITION FOR PURPOSES OF THE CREDIT, AND TO PROVIDE THAT THE CREDIT APPLIES ONLY FOR STUDENTS GRADUATING FROM HIGH SCHOOL DURING OR AFTER MAY, 1998.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Title 59 of the 1976 Code is amended by adding:
Section 59-149-10. (A) Legislative Incentives for Future Excellence (LIFE) Scholarships are established which must be offered by the State. These scholarships cover the cost of attendance as defined by the Commission on Higher Education by regulation up to a maximum of two thousand dollars a year to eligible resident students attending four-year public or independent institutions as defined in subsection (B), and to cover the cost of attendance up to a maximum of one thousand dollars a year to eligible resident students attending two-year public or independent institutions as defined in subsection (B).
(B) For purposes of this chapter, a 'public or independent institution' which a student may attend to receive a LIFE Scholarship includes the following:
(1) a South Carolina public institution defined in Section 59-103-5 and an independent institution as defined in Section 59-113-50.
(2) a public or independent bachelor's level institution chartered before 1962 whose major campus and headquarters are located within South Carolina; or an independent bachelor's level institution which has attained 501(c)(3) tax status and is accredited by the Southern Association of Colleges and Secondary Schools or the New England Association of Colleges and Schools; or a public or independent two-year institution which has attained 501(c)(3) tax status. Institutions whose sole purpose is religious or theological training, or the granting of professional degrees do not meet the definition of 'public or independent institution' for purposes of this chapter.
(C) These LIFE scholarships must be granted and awarded as provided in this chapter.
Section 59-149-20. (A) To be eligible for a LIFE scholarship, a student must be considered a resident of this State as provided in this chapter.
(B) A student attending such a public or independent institution of this State and who is seeking a LIFE scholarship as a freshman meets the residency requirements of this chapter if he meets the requirements of Section 59-149-50(A) in regard to high school or home school graduation requirements and is classified as a resident of South Carolina for in-state tuition purposes under Chapter 112 of this title at the time of enrollment at the institution.
(C) Students receiving a Palmetto Fellows Scholarship are not eligible for a LIFE Scholarship under this chapter.
Section 59-149-30. Full-time enrollment as defined in Title IV of the Federal Higher Education Act is a requirement for eligibility. The student must be admitted, enrolled, and classified as a degree-seeking undergraduate student.
Section 59-149-40. These LIFE scholarships in combination with all other grants and scholarships shall not exceed the cost of attendance at the particular institutions referenced in Section 59-149-10.
Section 59-149-50. (A) To be eligible for a LIFE scholarship, a student must be either a member of a class graduating from a high school located in this State on or after May, 1995, a home school student who has successfully completed a high school home school program in this State in the manner required by law on or after May, 1995, or a student graduating from a preparatory high school outside this State on or after May, 1995, while a dependent of a parent or guardian who is a legal resident of this State and has custody of the dependent, and these students must also meet the requirements of subsection (B). In addition, beginning with the 1998-99 school year for those students who graduate from high school on or after May, 1998, the student must have graduated from high school with a minimum of a 3.0 cumulative grade average on a 4.0 scale, and have scored 1000 or better on the Scholastic Aptitude Test (SAT) or have the equivalent ACT score, 1050 or better beginning with school year 2000-2001, and 1100 or better beginning with school year 2002-2003; provided that if the student is to attend such a public or independent two-year college or university in this State, including a technical college, the SAT requirement does not apply. If a student chooses to attend such a public or independent institution of this State and does not make the required SAT score or the required high school grade point average, as applicable, the student may earn a LIFE scholarship after his freshman year if he meets the grade point average and semester credit hour requirements of subsection (B).
(B) Students receiving a LIFE Scholarship to retain it and students currently enrolled in an eligible institution to receive such a scholarship must earn a 3.0 cumulative grade point average on a 4.0 scale each year and earn at least thirty credit hours each year for the maximum of semesters permitted at that institution by Section 59-149-60.
(C) Students who were LIFE scholarship recipients seeking a degree at such a public or independent institution of this State during their freshman or other year who failed to earn a cumulative 3.0 at the end of the term they attempted the requisite number of hours required by subsection (B) may regain eligibility if their cumulative grade average is a 3.0 at the end of the term they have attempted at least sixty hours if they are a sophomore or ninety hours if they are a junior.
(D) By the year 2000, students graduating from high school to be eligible for a LIFE scholarship must have passed all courses required for a STAR diploma.
Section 59-149-60. The student may receive a LIFE scholarship for not more than ten semesters for a five-year degree program, eight semesters for a four-year degree program, or four semesters for a two-year degree program. In addition, students in order to be eligible for these scholarships must enroll in an eligible institution within two years of graduating from high school.
Section 59-149-70. The student must not be in default on a Federal Title IV or State of South Carolina educational loan, nor owe a refund on a Federal Title IV or State of South Carolina student financial aid program. If the student has repaid the defaulted loan or refund in full, he is eligible to obtain a LIFE scholarship in the future.
Section 59-149-80. Students transferring from one eligible public or independent institution of this State to another are eligible for a LIFE scholarship, if they continue to meet all eligibility requirements.
Section 59-149-90. (A) Students must not have been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a LIFE scholarship.
(B) Regardless of the number of hours attempted, once the student has earned a bachelor's degree, he is ineligible for a LIFE scholarship to seek another degree.
(C) All students who earn a LIFE scholarship under this chapter or the Palmetto Fellows Scholarship shall be recognized at graduation from high school with a certificate issued by the Department of Education.
Section 59-149-100. Students enrolled in an eligible public or independent institution qualify for a LIFE scholarship, even though they may not be physically present in South Carolina during all or part of the school term for which the LIFE scholarship applies. The student's institution must approve for credit a study-abroad or out-of-state program. Summer school may be substituted for one fall or spring semester in any year in a planned program of study.
Section 59-149-110. (A) Any credit hours attempted or earned before high school graduation, hours exempted by examination, or advanced placement credit hours do not count against the semester limits as provided in Section 59-149-60.
(B) No LIFE scholarship funds may be applied to the costs of continuing education or remedial courses.
Section 59-149-120. Any funds appropriated by the General Assembly to the Commission on Higher Education or any other agency, department, or institution to provide funding for these LIFE scholarships may be carried forward from fiscal year to fiscal year.
Section 59-149-130. The commission shall promulgate regulations and establish procedures to administer the provisions of this chapter. In addition, the commission must ensure accountability for the scholarship by monitoring the distribution of grades at the institutions which receive these scholarship funds.
Section 59-149-140. All institutions participating in the LIFE Scholarship Program must report their enrollment and other relevant data as solicited by the Commission on Higher Education which may audit these institutions to ensure compliance with this provision.
Section 59-149-150. There is automatically appropriated from the general fund of the State whatever amount is necessary to provide to all eligible recipients the LIFE scholarships authorized by this chapter."
Section 59-149-160. The Commission on Higher Education is authorized two additional FTEs to administer the LIFE Scholarship Program established by this chapter, the compensation for whom shall be provided from funds appropriated to the commission by the General Assembly.
SECTION 2. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3385. (A) A student is allowed a refundable individual income tax credit equal to twenty-five percent, not to exceed eight hundred fifty dollars in the case of four-year institutions and twenty-five percent, not to exceed three hundred fifty dollars in the case of two-year institutions for tuition paid an institution of higher learning or a designated institution as provided for in this section during a taxable year. The amount of the tax credit claimed up to the limits authorized in this section for any taxable year may not exceed the amount of tuition paid during that taxable year. Tuition credits may not be claimed for more than four consecutive years after the student enrolls in an eligible institution. However, extensions may be granted due to medical necessity as defined by the Commission on Higher Education. The credit may be claimed by the student or by an individual eligible to claim the student as a dependent on his federal income tax return, whoever actually paid the tuition. The department shall prescribe a form for claiming the credit.
(B) As used in this section:
(1) 'Institution of higher learning' means a South Carolina public institution defined in Section 59-103-5 and an independent institution as defined in Section 59-113-50.
(2) A 'designated institution' means a public or independent bachelor's level institution chartered before 1962 whose major campus and headquarters are located within South Carolina; or an independent bachelor's level institution which has attained 501(c)(3) tax status and is accredited by the Southern Association of Colleges and Secondary Schools or the New England Association of Colleges and Schools; or a public or independent two-year institution which has attained 501(c)(3) tax status. Institutions whose sole purpose is religious or theological training, or the granting of professional degrees do not meet the definition of 'institution of higher learning' or 'designated institution' as defined in this section.
(3) 'Student' means an individual enrolled in an institution of higher learning:
(a) eligible for in-state tuition and fees as determined pursuant to Chapter 112 of Title 59 and applicable regulations;
(b) who at the end of the taxable year for which the credit is claimed has completed at least fifteen credit hours a semester, or its equivalent, as determined by the Commission on Higher Education, for every regular semester ending during the applicable taxable year, and who is admitted, enrolled, and classified as a degree-seeking undergraduate or enrolled in a certificate or diploma program of at least one year;
(c) who, within twelve months before enrolling:
(I) graduated from a high school in this State;
(ii) successfully completed a high school home school program in this State in the manner required by law; or
(iii) graduated from a preparatory high school outside this State while a dependent of a parent or guardian who is a legal resident of this State and has custody of the dependent;
(d) not in default on a federal Title IV or State of South Carolina educational loan, nor who owes a refund on a federal Title IV or a State of South Carolina student financial aid program;
(e) who has not been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug-related offenses under the laws of this State, any other state or comparable jurisdiction, or of the United States;
(f) who is in good standing at the institution attended;
(g) who is not a Palmetto Fellowship recipient;
(h) who is not a LIFE Scholarship recipient.
(4) 'Tuition' means the amount charged, including required fees, necessary for enrollment. Higher education tuition at an independent institution means the average tuition at the four-year public institutions of higher learning as defined in Section 59-103-15(B)(2), but not more than the actual tuition charged. Before calculating the credit, there must be deducted from tuition any amounts received toward its payment by any other scholarship grants."
SECTION 3. This act takes effect upon approval by the Governor; provided, however, the provisions of SECTION 2 are effective for taxable years beginning after 1997 and applies only to persons graduating from high school during or after May, 1997./
AMEND TITLE TO READ:
/TO AMEND TITLE 59 OF THE 1976 CODE BY ADDING CHAPTER 149 SO AS TO ESTABLISH LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS UNDER WHICH THE STATE OF SOUTH CAROLINA SHALL PROVIDE SCHOLARSHIPS TO COVER THE COST OF ATTENDANCE UP TO SPECIFIED LIMITS TO ELIGIBLE RESIDENT STUDENTS ATTENDING CERTAIN PUBLIC OR INDEPENDENT TWO-YEAR AND FOUR-YEAR INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND TECHNICAL COLLEGES; AND BY ADDING SECTION 12-6-3385 SO AS TO ALLOW A REFUNDABLE STATE INDIVIDUAL INCOME TAX CREDIT UP TO SPECIFIED LIMITS FOR A PORTION OF TUITION PAID AT A PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER LEARNING IN THIS STATE AND TO DEFINE SUCH INSTITUTIONS, TO PROVIDE THE CRITERIA STUDENTS ELIGIBLE FOR THE CREDIT MUST MEET, TO DEFINE TUITION FOR PURPOSES OF THE CREDIT, AND TO PROVIDE THAT THE CREDIT APPLIES ONLY FOR STUDENTS GRADUATING FROM HIGH SCHOOL DURING OR AFTER MAY, 1997./
/s/John W. Drummond /s/Henry E. Brown, Jr. /s/John C. Land, III /s/William D. Boan /s/Glenn F. McConnell /s/Annette Young-Brickell On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
Senators JACKSON, GLOVER and FORD desired to be recorded as voting against the adoption of the Free Conference Report on H. 4535.
We voted "no" against this Bill (H. 4535) because we vehemently disagree with the 1000 SAT score requirement to qualify for the scholarship.
Columbia, S.C., June 16, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it requested and was granted Free Conference Powers and has appointed Reps. H. Brown, Boan and Young-Brickell to a Committee of Free Conference on the part of the House on:
H. 4535 -- Ways and Means Committee: A BILL TO AMEND TITLE 59 OF THE 1976 CODE BY ADDING CHAPTER 149 SO AS TO ESTABLISH LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS UNDER WHICH THE STATE OF SOUTH CAROLINA SHALL PROVIDE SCHOLARSHIPS TO COVER THE COST OF ATTENDANCE UP TO SPECIFIED LIMITS TO ELIGIBLE RESIDENT STUDENTS ATTENDING CERTAIN PUBLIC OR INDEPENDENT TWO-YEAR AND FOUR-YEAR INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND TECHNICAL COLLEGES; AND BY ADDING SECTION 12-6-3385 SO AS TO ALLOW A REFUNDABLE STATE INDIVIDUAL INCOME TAX CREDIT UP TO SPECIFIED LIMITS FOR TUITION PAID AT A PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER LEARNING IN THIS STATE AND TO DEFINE SUCH INSTITUTIONS, TO PROVIDE THE CRITERIA STUDENTS ELIGIBLE FOR THE CREDIT MUST MEET, TO DEFINE TUITION FOR PURPOSES OF THE CREDIT, AND TO PROVIDE THAT THE CREDIT APPLIES ONLY FOR STUDENTS GRADUATING FROM HIGH SCHOOL DURING OR AFTER MAY, 1998.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 16, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
H. 4535 -- Ways and Means Committee: A BILL TO AMEND TITLE 59, OF THE 1976 CODE BY ADDING CHAPTER 149 SO AS TO ESTABLISH LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS UNDER WHICH THE STATE OF SOUTH CAROLINA SHALL PROVIDE SCHOLARSHIPS TO COVER THE COST OF ATTENDANCE UP TO SPECIFIED LIMITS TO ELIGIBLE RESIDENT STUDENTS ATTENDING CERTAIN PUBLIC OR INDEPENDENT TWO-YEAR AND FOUR-YEAR INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND TECHNICAL COLLEGES; AND BY ADDING SECTION 12-6-3385 SO AS TO ALLOW A REFUNDABLE STATE INDIVIDUAL INCOME TAX CREDIT UP TO SPECIFIED LIMITS FOR TUITION PAID AT A PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER LEARNING IN THIS STATE AND TO DEFINE SUCH INSTITUTIONS, TO PROVIDE THE CRITERIA STUDENTS ELIGIBLE FOR THE CREDIT MUST MEET, TO DEFINE TUITION FOR PURPOSES OF THE CREDIT, AND TO PROVIDE THAT THE CREDIT APPLIES ONLY FOR STUDENTS GRADUATING FROM HIGH SCHOOL DURING OR AFTER MAY, 1998.
Very respectfully,
Speaker of the House
The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
A message was sent to the House accordingly.
S. 1253 -- Senator Mescher: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO REDESIGNATE THE BOUNDARIES OF THE DEVON FOREST, STRATFORD, AND WESTVIEW-GOOSE CREEK NO. 3 PRECINCTS AND CHANGE THE MAP REFERENCE TO REFLECT THE CHANGES IN THE BOUNDARIES OF THESE PRECINCTS.
The House returned the Bill with amendments.
Senator GROOMS asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
On motion of Senator GROOMS, with unanimous consent, the Senate discharged Senator's GROOMS, MESCHER and BRANTON from the Committee of Conference on the Bill.
On motion of Senator GROOMS, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1291 -- Senators Short, Peeler and Lander: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO JOHN E. FARR FOR TWELVE YEARS OF DISTINGUISHED SERVICE ON THE UNION COUNTY COUNCIL, UPON THE OCCASION OF HIS RETIREMENT.
Returned with concurrence.
Received as information.
S. 1292 -- Senator Washington: A CONCURRENT RESOLUTION THAT THE MEMBERS OF THE GENERAL ASSEMBLY CONGRATULATE DAYCO WALTERBORO ON TWENTY-FIVE YEARS OF OUTSTANDING INDUSTRY ACHIEVEMENT ON THE OCCASION OF THE PLANT'S TWENTY-FIFTH ANNIVERSARY CELEBRATION.
Returned with concurrence.
Received as information.
S. 1296 -- Senator Leventis: A CONCURRENT RESOLUTION COMMENDING MRS. JAN CAPUTO OF SUMTER COUNTY FOR HER EXCELLENT, DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA AS A HOME HEALTH ADMINISTRATOR AND CONGRATULATING HER ON BEING SELECTED THE 1998 OUTSTANDING STATE EMPLOYEE.
Returned with concurrence.
Received as information.
Columbia, S.C., April 14, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the following appointment:
Initial Appointment, State Ethics Commission, with term to commence June 30, 1993, and to expire June 30, 1998:
3rd Congressional District:
Mr. Andrew C. Marine, Post Office Box 1488, Aiken, S.C. 29802
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 14, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the following appointment:
Reappointment, State Ethics Commission, with term to commence June 30, 1998, and to expire June 30, 2003:
3rd Congressional District:
Mr. Andrew C. Marine, Post Office Box 1488, Aiken, S.C. 29802
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 4, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the following appointment:
Initial Appointment, State Board for Technical and Comprehensive Education, with term to commence July 1, 1997, and to expire July 1, 2003:
1st Congressional District:
Mr. Paul G. Campbell, Jr., 150 Loganberry Circle, Goose Creek, S.C. 29445
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 16, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Harrison, Scott and Cotty of the Committee of Conference on the part of the House on:
H. 4445 -- Reps. Harrison and Cotty: A BILL TO AMEND SECTION 20-7-767, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING CHILDREN IN FOSTER CARE, SO AS TO REVISE THE DUTIES CONCERNING CONDUCTING VISITS TO FOSTER HOMES AND CONDUCTING INTERVIEWS OF FOSTER FAMILIES; TO DELETE THE PROVISION REQUIRING STATE EMPLOYEES TO REPORT VIOLATIONS OF THIS SECTION; TO REQUIRE DEPARTMENT PERSONNEL TO TAKE REASONABLE STEPS TO ASSURE COMPLIANCE WITH THIS SECTION AND TO STATE THE DUTIES OF FOSTER PARENTS TO COMPLY WITH THIS SECTION.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 16, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
S. 174 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-286 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS A BLOOD ALCOHOL CONTENT IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 16, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that the report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification:
S. 174 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-286 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS A BLOOD ALCOHOL CONTENT IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 16, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 5165 -- Rep. Rhoad: A JOINT RESOLUTION TO REQUIRE A REFERENDUM TO BE CONDUCTED AT THE TIME OF THE GENERAL ELECTION OF 1998, AT WHICH TIME THE QUALIFIED ELECTORS OF BAMBERG COUNTY SHALL DETERMINE WHETHER OR NOT THE BAMBERG COUNTY HOSPITAL REMAINS OPEN AND TO PROVIDE THAT IF A MAJORITY OF THE ELECTORS VOTING IN THE REFERENDUM VOTE "YES", THE HOSPITAL MAY NOT BE CLOSED FOR THREE YEARS.
and has ordered the Joint Resolution Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 16, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4998 -- Reps. Boan and Lanford: A JOINT RESOLUTION PROPOSING AMENDMENTS TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE, TAXATION, AND DEBT, BY PROPOSING AN AMENDMENT TO SECTION 11 OF THIS ARTICLE SO AS TO ALLOW THE STATE TREASURER TO INVEST ENDOWMENT FUNDS DONATED SPECIFICALLY TO STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING IN EQUITY SECURITIES OF UNITED STATES CORPORATIONS REGISTERED ON A NATIONAL SECURITIES EXCHANGE OR QUOTED THROUGH A NATIONAL QUOTATIONS SYSTEM, SUBJECT TO LEGISLATION ENACTED BY THE GENERAL ASSEMBLY WHICH REQUIRES THESE ENDOWMENT FUNDS HELD AND INVESTED BY THE STATE TREASURER TO BE INVESTED PURSUANT TO A PLAN RECOMMENDED BY THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL WHICH MUST BE SUBMITTED TO AND APPROVED BY THE BOARDS OF TRUSTEES OF THE RESPECTIVE COLLEGES AND UNIVERSITIES; AND BY PROPOSING AN AMENDMENT TO SECTION 14 OF THIS ARTICLE TO AUTHORIZE THE GENERAL ASSEMBLY TO PROVIDE BY LAW FOR THE INCURRENCE OF INDEBTEDNESS BY COUNTIES FOR REDEVELOPMENT PURPOSES AND TO PROVIDE FOR THE DEBT SERVICE OF SUCH INDEBTEDNESS TO BE PROVIDED FROM THE ADDED INCREMENT OF TAX REVENUES TO RESULT FROM THE PROJECT.
and has ordered the Joint Resolution Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 16, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 5183 -- Rep. Cave: A BILL TO PROVIDE FOR FOUR ADDITIONAL MEMBERS OF THE ALLENDALE COUNTY BOARD OF EDUCATION TO SERVE FOR TERMS TO EXPIRE IN 2002, TO PROVIDE FOR THE MANNER IN WHICH THESE ADDITIONAL MEMBERS SHALL BE APPOINTED, AND TO PROVIDE THAT THEIR SUCCESSORS SHALL BE ELECTED AT THE 2002 ELECTION IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
H. 5165 -- Rep. Rhoad: A JOINT RESOLUTION TO REQUIRE A REFERENDUM TO BE CONDUCTED AT THE TIME OF THE GENERAL ELECTION OF 1998, AT WHICH TIME THE QUALIFIED ELECTORS OF BAMBERG COUNTY SHALL DETERMINE WHETHER OR NOT THE BAMBERG COUNTY HOSPITAL REMAINS OPEN AND TO PROVIDE THAT IF A MAJORITY OF THE ELECTORS VOTING IN THE REFERENDUM VOTE "YES", THE HOSPITAL MAY NOT BE CLOSED FOR THREE YEARS.
The Senate proceeded to a consideration of the Resolution. The question being the third reading of the Resolution.
Senator MATTHEWS proposed the following amendment (5165R004.JWM), which was adopted:
Amend the bill, as and if amended, page [5165-2], beginning on line 40, by striking subsection (B)(1) and inserting the following:
/(B)(1) If a majority of the qualified electors vote "yes" in the referendum provided for in subsection (A), then the governing body of Bamberg County is prohibited from closing the Bamberg County Hospital for a period of three years. Provided, however, if the expenses of the hospital exceed the revenues from all sources for three consecutive months the hospital may be closed. Provided further, notwithstanding an affirmative vote in the referendum to keep the hospital open, the county governing body may enter into contracts for the provision of health care services for the residents of Bamberg County as it deems appropriate./
Amend the resolution further, as and if amended, page 2, after line 11, by adding the following:
/(D) The governing body of Bamberg County may direct the Bamberg County Registration and Election Commission, at the time of the 1998 general election, to place additional questions on the ballot relating to the providing of health care services to the citizens of Bamberg County./
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Resolution was amended and ordered returned to the House with amendments.
The following Bill, having been read the second time, was ordered placed on the third reading Calendar:
H. 5018 -- Reps. Townsend, Martin, Stille and Cooper: A BILL TO AMEND ACT 294 OF 1961, AS AMENDED, RELATING TO THE ANDERSON COUNTY FIRE PROTECTION COMMISSION, SO AS TO AUTHORIZE THE COMMISSIONERS TO SELECT A TREASURER INSTEAD OF A SECRETARY, DELETE THE PROVISION AUTHORIZING THE COMMISSION TO LEVY A TAX NOT EXCEEDING FOUR MILLS AND SUBSTITUTING A PROVISION WHICH AUTHORIZES THE COMMISSION TO RECOMMEND TO THE ANDERSON COUNTY LEGISLATIVE DELEGATION AN ANNUAL TAX NOT TO EXCEED SIX MILLS FOR THE OPERATION OF THE FIRE PROTECTION SYSTEM, DELETE THE MUNICIPALITY OF PELZER FROM THE EXCEPTIONS OF THE AREA SUBJECT TO THE TAX FOR THE FIRE SYSTEM, REQUIRE THE APPROVAL OF THE ANDERSON COUNTY LEGISLATIVE DELEGATION FOR THE COMMISSION TO ISSUE TAX ANTICIPATION NOTES, CHANGE REFERENCES FROM FIRE MARSHAL TO COUNTY FIRE CHIEF, CLARIFY THE PROCESS AND PROVIDE THAT THE COMMISSION MAKES AN ANNUAL RECOMMENDATION TO THE DELEGATION, WITH THE DELEGATION APPROVING THE BUDGET AND THE COUNTY AUDITOR LEVYING THE AMOUNTS APPROVED BY THE DELEGATION, AND CORRECT ARCHAIC REFERENCES; AND TO AMEND ACT 711 OF 1990 RELATING TO THE AUTHORIZATION OF CERTAIN COMPENSATION FOR MEMBERS OF THE ANDERSON COUNTY FIRE PROTECTION COMMISSION, SO AS TO CLARIFY THE ANNUAL SUBMISSION OF THE BUDGET TO THE ANDERSON COUNTY LEGISLATIVE DELEGATION AND PROVIDE FOR A REFERENDUM IN THE SERVICE AREA OF THE COMMISSION WHEN THE COMMISSION REQUESTS AND THE DELEGATION APPROVES MORE THAN SIX MILLS IN THE ANNUAL BUDGET REQUEST.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
On motion of Senator O'DELL, the Bill was ordered to a second reading.
On motion of Senator O'DELL, H. 5018 was ordered to receive a third reading on Wednesday, January 17, 1998.
On motion of Senator DRUMMOND, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that any local appointments received by the Senate on Wednesday, June 17, 1998, which have the unanimous agreement of the affected delegation will be confirmed tomorrow and entered in the Journal.
By prior motion of Senator DRUMMOND, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:
Having received a favorable report from the Committee on Fish, Game and Forestry, on motion of Senator PEELER, the following appointment was confirmed in open session:
Reappointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 1998, and to expire July 1, 2002:
At-Large:
Mr. Marion T. Burnside, 7071 Bluff Road, Hopkins, S.C. 29061
Having received a favorable report from the Committee on Judiciary, on motion of Senator HOLLAND, the following appointment was confirmed in open session:
Reappointment, State Ethics Commission, with term to commence June 30,1998, and to expire June 30, 2003:
3rd Congressional District:
Mr. Andrew C. Marine, Post Office Box 1488, Aiken, S.C. 29802
Having received a favorable report from the Sumter County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Sumter County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Joseph B. Davis, Jr., Post Office Box 1272, Sumter, S.C. 29150-1272 VICE L. Earl Pack
Having received a favorable report from the Colleton County Delegation, the following appointment was confirmed in open session:
Reappointment, Colleton County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Kenneth A. Campbell, Jr., Post Office Box 1732, Walterboro, S.C. 29488
Having received a favorable report from the Charleston County Delegation, the following appointment was confirmed in open session:
Reappointment, Charleston County Voter Registration Board, with term to commence March 15, 1998, and to expire March 15, 2000: (corrected term)
Ms. Gertrude D. Brown, 1449 Swamp Angel Court, Charleston, S.C. 29412
Having received a favorable report from the 1st Congressional District, the following appointment was confirmed in open session:
Initial Appointment, State Board for Technical and Comprehensive Education, with term to commence July 1, 1997, and to expire July 1, 2003:
Mr. Paul G. Campbell, Jr., 150 Loganberry Circle, Goose Creek, S.C. 29445 VICE Eugene D. Foxworth, Jr. (deceased)
Having received a favorable report from the Beaufort County Delegation, the following appointment was confirmed in open session:
Reappointment, Beaufort County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Joseph N. Kline, 42 Kline Circle, Seabrook, S.C. 29940
On motion of Senators PASSAILAIGUE, McCONNELL, WASHINGTON, FORD, BRANTON, GROOMS, MESCHER and RAVENEL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Rev. Dr. Benjamin J. Whipper of Charleston, S.C.
At 7:35 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 10:30 A.M.
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