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 words from the Epistle to the Hebrews (11:28):
"By faith he celebrated the Passover and sprinkled
the blood, so that the destroying angel might not
touch the first born of Israel."
Let us pray.
Lord God Jehovah, we thank You for the remembrances of the past... for Jews and Christians... that bring hope to a world so bogged down by the consequences of human sin.
We thank You for the uplift that comes to the Jews when they remember the great meaning of the Passover and for the Christians as they remember the Via Dolorosa: that there is a victory of life over death!
We thank You for the knowledge that when the sin of mankind had done its worst: nailing the finest that life had to offer to a cruel cross... yet there is a God above the cross and beyond the tomb keeping watch above His own.
Increase our faith, O Lord!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following were received and referred to the appropriate committees for consideration:
Document No. 1477
Promulgated By Department of Health and Environmental Control
Procedures for Contested Cases
Received By Lt. Governor April 16, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date August 14, 1992
Document No. 1482
Promulgated By Board of Nursing
Remediation Required Prior to Rewriting the Licensure Exam for the Third or More Time
Received By Lt. Governor April 15, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date August 13, 1992
Document No. 1486
Promulgated By Board of Education
Experimental Program, Defined Minimum Program for South Carolina School Districts
Received By Lt. Governor April 15, 1992
Referred to Senate Committee on Education
120 day review expiration date August 13, 1992
Document No. 1488
Promulgated By Department of Health and Environmental Control
Solid Waste Management: Waste Tires
Received By Lt. Governor April 15, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date August 13, 1992
Document No. 1489
Promulgated By Department of Health and Environmental Control
Solid Waste Management: Yard Trash and Land-Clearing Debris; and Compost
Received By Lt. Governor April 15, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date August 13, 1992
Document No. 1490
Promulgated By Department of Health and Environmental Control
Solid Waste Management: Full Cost Disclosure
Received By Lt. Governor April 16, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date August 14, 1992
Document No. 1491
Promulgated By Department of Health and Environmental Control
Solid Waste Management: Solid Waste Management Grants, Recycling, Education Grants, and Waste Tire Grants
Received By Lt. Governor April 16, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date August 14, 1992
Document No. 1494
Promulgated By Department of Social Services
Licensing Child Day Care Facilities: Private and Public Child Day Care Centers
Received By Lt. Governor April 16, 1992
Referred to Senate General Committee
120 day review expiration date August 14, 1992
Document No. 1501
Promulgated By Board of Chiropractic Examiners
Replacing All Existing Rules and Regulations
Received By Lt. Governor April 16, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date August 14, 1992
Document No. 1518
Promulgated By Department of Social Services
Licensing Child Day Care Facilities: Child Day Care Facilities Operated by Religious Bodies or Groups
Received By Lt. Governor April 16, 1992
Referred to Senate General Committee
120 day review expiration date August 14, 1992
Document No. 1519
Promulgated By Department of Social Services
Licensing Child Day Care Facilities: Family Day Care Homes
Received By Lt. Governor April 16, 1992
Referred to Senate General Committee
120 day review expiration date August 14, 1992
The following were received:
Document No. 1398
Promulgated By Department of Health and Environmental Control
Environmental Health Inspections and Fees
Received By Lt. Governor September 25, 1991
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 13, 1992
Withdrawn and resubmitted April 15, 1992
Document No. 1417
Promulgated By Board of Nursing
Nursing Education Programs
Received By Lt. Governor February 7, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date June 6, 1992
Withdrawn and resubmitted April 15, 1992
Senator WILLIAMS introduced Dr. Ira Horton of Columbia, South Carolina, Doctor of the Day.
Columbia, S.C., April 15, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has tabled:
H. 3693 -- Reps. Keegan and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-330 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT TO CONTRACT FOR STORM DRAINAGE SERVICES WITH THE APPROVAL OF THE GOVERNING BODY OF THE DISTRICT.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 16, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3044 -- Reps. P. Harris, Waldrop and Whipper: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1992, AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF THE APPROPRIATED FUNDS; TO PROVIDE FURTHER FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO SUSPEND THE NURSING HOME BED FEE IMPOSED PURSUANT TO SECTION 44-7-84 OF THE 1976 CODE AND THE MEDICAID MEDICALLY NEEDY PROGRAM PURSUANT TO SECTION 44-6-155 OF THE 1976 CODE DURING FISCAL YEAR 1992-93; TO REDUCE THE MAXIMUM DISCOUNT ALLOWED FOR THE TIMELY PAYMENT OF SALES TAX FROM TEN THOUSAND TO THREE THOUSAND DOLLARS DURING FISCAL YEAR 1992-93; AND TO EXTEND FOR THE 1992 TAXABLE YEAR ONLY THE PROVISIONS OF THE INCOME TAX CREDIT ALLOWED FOR A PORTION OF THE PAYMENT TO A SKILLED OR INTERMEDIATE CARE NURSING HOME TO AN INSTITUTION PROVIDING NURSING FACILITY LEVEL CARE OR FOR PAYMENTS TO AN IN-HOME OR COMMUNITY CARE PROVIDER CERTIFIED BY A LICENSED PHYSICIAN TO MEET THE NURSING FACILITY LEVEL OF CARE.
asks for a Committee of Conference, and has appointed Reps. Boan, Rogers and McAbee of the Committee on the part of the House.
Very respectfully,
Speaker of the House
Received as information.
H. 3044 -- Reps. P. Harris, Waldrop and Whipper: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1992, AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF THE APPROPRIATED FUNDS; TO PROVIDE FURTHER FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO SUSPEND THE NURSING HOME BED FEE IMPOSED PURSUANT TO SECTION 44-7-84 OF THE 1976 CODE AND THE MEDICAID MEDICALLY NEEDY PROGRAM PURSUANT TO SECTION 44-6-155 OF THE 1976 CODE DURING FISCAL YEAR 1992-93; TO REDUCE THE MAXIMUM DISCOUNT ALLOWED FOR THE TIMELY PAYMENT OF SALES TAX FROM TEN THOUSAND TO THREE THOUSAND DOLLARS DURING FISCAL YEAR 1992-93; AND TO EXTEND FOR THE 1992 TAXABLE YEAR ONLY THE PROVISIONS OF THE INCOME TAX CREDIT ALLOWED FOR A PORTION OF THE PAYMENT TO A SKILLED OR INTERMEDIATE CARE NURSING HOME TO AN INSTITUTION PROVIDING NURSING FACILITY LEVEL CARE OR FOR PAYMENTS TO AN IN-HOME OR COMMUNITY CARE PROVIDER CERTIFIED BY A LICENSED PHYSICIAN TO MEET THE NURSING FACILITY LEVEL OF CARE.
Whereupon, the PRESIDENT appointed Senators DRUMMOND, J. VERNE SMITH and SETZLER of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.
Columbia, S.C., April 16, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3805 -- Rep. Quinn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-63-100 SO AS TO PROVIDE THAT A BONA FIDE CHARITY OR NONPROFIT CORPORATION WHICH IS IN COMPLIANCE WITH CHAPTER 55 OF TITLE 33 HAS AN INSURABLE INTEREST IN ANY LIFE INSURANCE POLICY IN WHICH IT IS IRREVOCABLY NAMED AS A BENEFICIARY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 15, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4538 -- Reps. Wilkins, Fair, Mattos, Haskins, Cato, Manly, M.O. Alexander and Vaughn: A CONCURRENT RESOLUTION TO URGE THE VIDEO SOFTWARE DEALERS ASSOCIATION OF AMERICA AND ITS MEMBERS, AMONG OTHER THINGS, TO ADOPT AND STRENGTHEN MEMBERSHIP REQUIREMENTS AND OTHER PROCEDURES TO PREVENT MINORS FROM GAINING ACCESS TO CERTAIN MOTION PICTURES AND VIDEOTAPES, TO URGE THE GOVERNOR TO PROCLAIM A VIDEO AWARENESS WEEK, AND TO COMMEND THE JUNIOR LEAGUE OF GREENVILLE FOR ITS EFFORTS TO PROTECT MINORS FROM VIEWING CERTAIN MOTION PICTURES AND VIDEOTAPES.
Very respectfully,
Speaker of the House
Received as information.
The following were introduced:
S. 1472 -- Senator Russell: A SENATE RESOLUTION TO CONGRATULATE THE SPARTANBURG HIGH SCHOOL FOOTBALL TEAM FOR WINNING THE 1991 DIVISION I, CLASS AAAA STATE CHAMPIONSHIP.
The Senate Resolution was adopted.
S. 1473 -- Senator Reese: A BILL TO AMEND SECTION 46-5-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE AGRICULTURE COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO PROMULGATE AND ENFORCE REGULATIONS FOR THE GUIDANCE OF THE STATE VETERINARIAN AND HIS ASSISTANTS; TO AMEND SECTION 46-7-10, RELATING TO THE DUTIES AND POWERS OF THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY, SO AS TO PROVIDE FOR THE BOARD TO PROMULGATE AND ENFORCE ITS REGULATIONS PERTAINING TO THE STATE VETERINARIAN OR HIS ASSISTANTS IN THE TREATMENT FOR DANGEROUS OR CONTAGIOUS DISEASES IN CONJUNCTION WITH THE AGRICULTURE COMMISSION; AND TO AMEND SECTION 47-13-20, RELATING TO THE STATE VETERINARIAN, SO AS TO PROVIDE FOR THE STATE VETERINARIAN TO REPORT DIRECTLY TO THE COMMISSIONER OF AGRICULTURE.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 1474 -- Senators McConnell, Leventis and Rose: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRUELTY TO ANIMALS, ILL-TREATMENT OF ANIMALS GENERALLY, AND CERTAIN PENALTIES, SO AS TO EXTEND APPLICATION OF CERTAIN PROVISIONS OF THE SECTION TO ALL OFFENDING PERSONS, INCREASE THE PENALTIES, AND PROVIDE THAT A FIRST OFFENSE VIOLATION SHALL BE TRIED IN MAGISTRATE'S COURT, TO INCREASE AND TO CHANGE THE PENALTY FOR A PERSON WHO TORTURES, TORMENTS, NEEDLESSLY MUTILATES, CRUELLY KILLS, OR INFLICTS EXCESSIVE OR REPEATED UNNECESSARY PAIN OR SUFFERING UPON ANY ANIMAL OR CAUSES THESE ACTS TO BE DONE, AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO ACTIVITY AUTHORIZED BY TITLE 50 (FISH, GAME, AND WATERCRAFT).
Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 1475 -- Senator Moore: A BILL TO AMEND SECTION 24-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE CORRECTION AND TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO REVISE THE DEFINITION OF YOUTHFUL OFFENDER TO INCLUDE THOSE WHO ARE UNDER SEVENTEEN YEARS OF AGE AND WHO HAVE BEEN BOUND OVER TO GENERAL SESSIONS COURT.
Read the first time and referred to the Committee on Corrections and Penology.
S. 1476 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-460 SO AS TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, THROUGH THE DIVISION OF INSURANCE SERVICES, TO PAY JUDGMENTS AGAINST INDIVIDUAL GOVERNMENTAL EMPLOYEES AND OFFICIALS OF LIMITED AMOUNTS IN EXCESS OF ONE MILLION DOLLARS, TO PROVIDE THAT THE PAYMENTS ARE LIMITED TO JUDGMENTS AGAINST OFFICIALS COVERED BY A TORT LIABILITY POLICY ISSUED BY THE INSURANCE RESERVE FUND FOR ACTS COMMITTED WITHIN THE SCOPE OF EMPLOYMENT, AND TO PROVIDE THAT PAYMENTS MUST BE RECOVERED BY ASSESSMENTS AGAINST ALL ENTITIES PURCHASING TORT LIABILITY INSURANCE FROM THE INSURANCE RESERVE FUND.
Read the first time and referred to the Committee on Finance.
S. 1477 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-1030 SO AS TO REQUIRE REPORTS BY STATE AGENCIES PERTAINING TO CONFERENCES ORGANIZED OR ATTENDED BY THE AGENCIES' EMPLOYEES.
Read the first time and referred to the Committee on Finance.
S. 1478 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-150 SO AS TO PROHIBIT A STATE AGENCY FROM HIRING A TEMPORARY EMPLOYEE AT A SALARY GREATER THAN THE GRADE LEVEL FOR THE FULL-TIME EQUIVALENT POSITION AND LIMIT THE LENGTH AND TIME OF EMPLOYMENT.
Read the first time and referred to the Committee on Finance.
S. 1479 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-67 SO AS TO REQUIRE THE PROPERTY MANAGEMENT OFFICE, DIVISION OF GENERAL SERVICES OF THE BUDGET AND CONTROL BOARD TO REPORT TO THE BOARD AND THE GENERAL ASSEMBLY REGARDING STATE-OWNED PROPERTY AND REQUIRE THE BOARD TO DISPOSE OF LAND AND RESIDENCES IDENTIFIED AS UNNECESSARY.
Read the first time and referred to the Committee on Finance.
S. 1480 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-460 SO AS TO REQUIRE THE BUDGET AND CONTROL BOARD TO DEVELOP AND PUBLISH RULES PERTAINING TO PRINTING BY STATE AGENCIES, DEPARTMENTS, INSTITUTIONS, AND DIVISIONS AND PROVIDE AN EXCEPTION.
Read the first time and referred to the Committee on Finance.
S. 1481 -- Senator Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-395 SO AS TO PROVIDE THAT ANY PERSON WHO IS A RESIDENT OF GAME ZONE 2 AND WHO POSSESSES A VALID STATE LICENSE PERMITTING HIM TO HUNT DEER MAY BE ISSUED TWO TAGS PERMITTING HIM TO HUNT AND TAKE ANTLERLESS DEER IN THAT GAME ZONE UNDER CERTAIN CONDITIONS, AND TO AMEND SECTION 50-11-410, RELATING TO THE UNLAWFUL HUNTING OR POSSESSION OF ANTLERLESS DEER IN THIS STATE, SO AS TO PERMIT ANTLERLESS DEER TO BE TAKEN IN GAME ZONE 2 IN THE MANNER PROVIDED BY SECTION 50-11-395.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 1482 -- Senator Mitchell: A BILL TO AMEND SECTION 40-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE AND REEXAMINATION OF AN APPLICANT FOR A MECHANICAL CONTRACTOR'S LICENSE, SO AS TO AUTHORIZE THE LICENSING BOARD FOR CONTRACTORS TO ADMINISTER AN ORAL EXAMINATION UPON REQUEST OF AN APPLICANT.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1483 -- Senator Shealy: A BILL TO AMEND SECTION 38-77-625, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE AND THE PROHIBITION ON INCREASING AN INSURED'S REINSURANCE FACILITY RECOUPMENT CHARGE IF HE IS INVOLVED IN A MOTOR VEHICLE ACCIDENT WHERE HE IS NOT THE AT-FAULT DRIVER, SO AS TO PROVIDE ADDITIONALLY THAT THE RECOUPMENT CHARGE MAY NOT BE INCREASED UNLESS THE INSURED IS GUILTY OF A MOVING TRAFFIC VIOLATION WHICH MANDATES THE ASSESSMENT OF POINTS.
Senator SHEALY spoke on the Bill.
Read the first time and on motion of Senator SHEALY, with unanimous consent, ordered placed on the Calendar without reference.
S. 1484 -- Senators J. Verne Smith, Leatherman, Stilwell, Mitchell, Drummond, Macaulay, McConnell, Peeler, Thomas, Russell, Reese and Courtney: A JOINT RESOLUTION TO PROVIDE THAT FOR FISCAL YEAR 1992-93 ONLY, THE FIRST TWENTY MILLION DOLLARS RATHER THAN THE FIRST TEN MILLION DOLLARS IN SHIMS TAX REVENUES MUST BE CREDITED TO THE ECONOMIC DEVELOPMENT ACCOUNT AND USED FOR A SPECIAL ECONOMIC DEVELOPMENT PROJECT AND TO PROVIDE THAT, IF THE ADDITIONAL REVENUES ARE NOT NEEDED FOR THE PROJECT, THE TEN MILLION DOLLARS REVERT TO THE SHIMS FUND.
Senator J. VERNE SMITH spoke on the Joint Resolution.
Read the first time and on motion of Senator J. VERNE SMITH, with unanimous consent, ordered placed on the Calendar without reference.
On motion of Senator J. VERNE SMITH, S. 1484 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 1485 -- Senator Reese: A BILL TO AMEND ACT 1189 OF 1958, AS AMENDED, RELATING TO THE BOILING SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BORROWING AUTHORITY OF THE DISTRICT.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator REESE, S. 1485 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 4520 -- Reps. McElveen, Mattos, J. Bailey, Farr, Keyserling, Whipper, Jennings, Waites, Houck, D. Martin, Snow, Phillips, T.C. Alexander, Barber, Rogers, Byrd, Wilkes, Harvin, Felder, J. Harris, Hodges, McTeer, Boan, Marchbanks and Kennedy: A CONCURRENT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY ISSUES RELATING TO MIDDLE, JUNIOR HIGH, AND HIGH SCHOOL STUDENTS WHO LIKELY WILL NOT ATTEND COLLEGE OR WILL DROP OUT OF SCHOOL, INCLUDING CONSIDERATIONS PERTAINING TO APPRENTICE PROGRAMS, MENTORSHIP PROGRAMS, COMMUNITY SERVICE AND BUSINESS APPROACHES, THE TECH-PREP PROGRAM, POST-SECONDARY OPTIONS PROGRAMS, AND INCENTIVES FOR GRADUATING FROM HIGH SCHOOL.
Whereas, South Carolina will not be able to grow and its citizens prosper unless its students are adequately educated to confront the challenges of a rapidly changing world; and
Whereas, almost one-third of South Carolina students drop out of high school and the majority of students do not pursue post-secondary education; and
Whereas, the education of those students who take general curriculum courses in high school too often leave them inadequately prepared to enter the job market upon leaving high school or to be productive citizens; and
Whereas, these students are frequently called the "forgotten half" because, while almost every other developed country in the world provides meaningful joint education and work-related experiences to encourage responsible citizenship and to develop work skills, the United States does not specifically address these students' education needs which results in one of the highest dropout rates, highest youth unemployment rates, highest youth crime rates, and highest children-in-poverty rates among developed countries. South Carolina unfortunately ranks even worse than the United States in some of these categories; and
Whereas, accountability measures established by the Education Finance Act and Education Improvement Act and continued by the Target 2000 Act have certain provisions that provide programs and funding for these types of students; and
Whereas, as the requirements of employment become more and more sophisticated, South Carolina must do a better job of working with noncollege bound high school students to make sure they are prepared for today's workplace; and
Whereas, South Carolina's broad goal in education must be to challenge every student to achieve his highest level of ability while assuring at the same time that every child is educated sufficiently to become a productive member of society. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That a committee is created to study issues relating to middle, junior high, and high school students who likely will not attend college or will drop out of school, including as areas of study such critical issues as early career counseling of these students, the Tech-Prep program, mentorship programs, including the Learning Web Program, the new Oregon and Kentucky reform legislation, post-secondary options programs, the German, Dutch, and Swedish apprenticeship programs, the experience based career education and cooperative education programs, Job Corps program, school-within-a-school business academies, community service, and incentives for graduating from high school.
This committee shall investigate what is currently being provided to South Carolina students who are not college-bound, and compare that to what is being provided to students in leading developed countries and other states against which South Carolina businesses and industries compete for economic development. Such items, among others, of which the committee shall make a comparative study, are:
(1) the use of workplaces in community settings as learning environments;
(2) the link between successful employment and work experiences and academic learning through apprenticeship learning arrangements;
(3) the transition from school to work community responsibility;
(4) the fostering of close relationships between youth and adult mentors; and
(5) simultaneous experiences as a worker with real responsibility and a learner.
The committee shall consist of thirty-five members appointed as provided herein. The Speaker of the House of Representatives, the Governor, the Lieutenant Governor, the State Superintendent of Education, the Chairman of the Senate Education Committee, the Chairman of the House Education and Public Works Committee, and the Chairman of the Business-Education Subcommittee shall each appoint three members of the committee. The chairman of the committee must be elected by the committee and must not be primarily engaged in the field of education.
The Commissioner of Higher Education, Executive Director of the State Technical and Comprehensive Education System, and Executive Director of the Employment Security Commission shall each appoint two members to the committee. The remaining members of the committee must be appointed by the Commissioner of Higher Education from the following professional organizations:
(1) one member appointed upon recommendation of the State Teacher Forum;
(2) one principal of a public high school of this State appointed upon recommendation of the Secondary School Principals Association;
(3) one superintendent of a school district of this State appointed upon recommendation of the South Carolina Administrators Association;
(4) one member appointed upon recommendation of the South Carolina Vocational Directors Association;
(5) one member appointed upon recommendation of the South Carolina Association of Adult Education Directors;
(6) one member appointed upon recommendation of the State Chamber of Commerce;
(7) one member appointed upon recommendation of the Council of College Presidents; and
(8) one member appointed upon recommendation of the Council of Technical College Presidents.
A staff analysis team shall provide support for the committee. This team shall include the research directors of the Senate Education Committee and the House Education and Public Works Committee, the research director of the EIA Select Committee, and the executive director of the Business-Education Subcommittee. Other state officials or employees also shall provide help to the committee and the staff analysis team as is required.
Upon adoption of this resolution, the staff analysis team shall meet and develop a strategy to secure the appointments for this committee. Forty-five days after this resolution is adopted, the staff analysis team shall poll the appointees made by that date to determine a suitable meeting date. Upon completion of the poll, a date to have the first meeting to organize the committee must be set. Individuals or organizations which have not made or recommended appointments by that date must be reminded of the need to make their appointments or recommendations and apprised of the first meeting date.
Financial support for the committee's studies and work shall come from uncommitted funds for research and evaluation appropriated to the EIA Select Committee.
The committee and staff analysis team shall work with such organizations as the National Alliance of Business in determining which components of total quality management may effectively apply to secondary schools in general and particularly to the education of disadvantaged and students who may drop out of school or not attend college. The committee shall work with such organizations as the National Center for Education and the Economy, the National Alliance for Restructuring Education, and Business Roundtable to determine how the education processes, employment and training practices, and community services may need to be redesigned for students aged twelve to nineteen who typically enter the job market directly after leaving school or who may drop out of school. The committee shall seek the assistance of the Southern Regional Education Board and Education Commission of the States in their study and deliberations of the most promising and effective options for South Carolina.
By December 15, 1992, the committee shall issue its first interim report of any findings and policy or funding changes that need to be initiated as a first phase to redesign the education and related systems or further carry out this study. By June 15, 1993, the committee shall issue its second interim report proposing the next phase of needed changes, and by December 15, 1993, it shall issue its final report. The Select Committee and Business-Education Subcommittee are responsible for monitoring the implementation of the committee's recommendations. To assist in the implementation of this resolution, the committee may create such advisory committees and subcommittees of its membership as it considers necessary.
Members of the committee shall receive the usual mileage, subsistence, and per diem paid to members of state boards, commissions, and committees.
Referred to the Committee on Education.
H. 4757 -- Reps. Gentry, Hendricks, Hodges and Glover: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 27, 1992, AT 12:00 NOON AS THE TIME FOR ELECTING SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1995, AND JUNE 30, 1997; AND TO ELECT SUCCESSORS FOR CERTAIN JUDGES OF THE FAMILY COURT WHOSE TERMS EXPIRE JUNE 30, 1992, AND JUNE 30, 1995.
Be it resolved by the House of Representatives, the Senate concurring:
That the House of Representatives and the Senate meet in joint assembly in the Hall of the House on Wednesday, May 27, 1992, to elect a successor to The Honorable Richard E. Fields, Circuit Judge of the Ninth Judicial Circuit, whose term expires June 30, 1995; to elect a successor to The Honorable James B. Stephen, Circuit Judge At Large, Seat No. 5, whose term expires on June 30, 1997; to elect successors to The Honorable Alvin C. Biggs, Family Court Judge of the First Judicial Circuit, The Honorable Peter Nuessle, Family Court Judge of the Second Judicial Circuit, The Honorable B. J. Warshauer, Family Court Judge of the Third Judicial Circuit, The Honorable Jamie F. Lee, Family Court Judge of the Fourth Judicial Circuit, The Honorable Robert H. Burnside, Family Court Judge of the Fifth Judicial Circuit, The Honorable William M. Campbell, Family Court Judge of the Fifth Judicial Circuit, The Honorable Stuart H. Hall, Family Court Judge of the Seventh Judicial Circuit, and The Honorable John M. Rucker, Family Court Judge of the Eighth Judicial Circuit, all whose terms expire June 30, 1992; and to elect a successor to The Honorable Jeff D. Griffith, Jr., Family Court Judge of the Eleventh Judicial Circuit, whose term expires June 30, 1995.
Referred to the Committee on Invitations.
H. 4266 -- Reps. Harvin and D. Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-2015 SO AS TO ESTABLISH A FISH SANCTUARY IN THE ST. STEPHEN REDIVERSION CANAL BETWEEN THE CORPS OF ENGINEERS' POWERHOUSE AND THE ATLANTIC COASTLINE RAILROAD BRIDGE.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 4569 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO PROVIDE THAT SCRAP METAL PROCESSORS ARE CONSIDERED MANUFACTURERS FOR PURPOSES OF THE EXEMPTIONS RELATING TO THE SALE OF ELECTRICITY OR OTHER FUELS TO MANUFACTURERS FOR CERTAIN USES.
Read the first time and referred to the Committee on Finance.
H. 4620 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LAW ENFORCEMENT TRAINING COUNCIL (SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY), RELATING TO JUVENILE TRAINING OFFICERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1446, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Judiciary.
H. 4621 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL, RELATING TO LAW ENFORCEMENT EMERGENCY VEHICLE TRAINING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1403, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Judiciary.
H. 4637 -- Rep. Tucker: A BILL TO AMEND SECTION 1-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPROPRIATIONS TO THE ATTORNEY GENERAL FOR EXPENSES OF LITIGATION, SO AS TO DELETE THE REQUIREMENT THAT THE ATTORNEY GENERAL PROVIDE BLANK INDICTMENTS FOR THE CIRCUIT SOLICITORS, AND TO AMEND SECTION 1-7-940, RELATING TO THE DUTIES OF THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION, SO AS TO ADD THE DUTY OF PROVIDING BLANK INDICTMENTS FOR THE CIRCUIT SOLICITORS.
Read the first time and ordered placed on the Calendar without reference.
On motion of Senator HOLLAND, with unanimous consent, H. 4637 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 4712 -- Reps. Ross and T.C. Alexander: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF OCONEE COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT IN AN AMOUNT NOT EXCEEDING ONE MILLION DOLLARS BUT IN NO EVENT TO EXCEED ITS CONSTITUTIONAL DEBT LIMIT FOR CERTAIN PURPOSES, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISIONS FOR THE PAYMENT OF BONDS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator MACAULAY, H. 4712 was ordered to receive a second and third reading on the next two consecutive legislative days.
Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable report on:
S. 1269 -- Senators Bryan and Drummond: A BILL TO AMEND SECTION 48-39-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CONSTRUCTION, RECONSTRUCTION, AND ALTERATIONS UNDER THE BEACH MANAGEMENT ACT, SO AS TO PROVIDE AN EXEMPTION FROM THE PROHIBITION ON NEW EROSION CONTROL STRUCTURES OR DEVICES SEAWARD OF THE SETBACK LINE.
Ordered for consideration tomorrow.
Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable report on:
S. 1449 -- Senator Lourie: A BILL TO AMEND SECTION 46-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MIGRANT FARM WORKERS COMMISSION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION, TO PROVIDE THAT THE CHAIRMAN OF THE COMMISSION MUST BE APPOINTED BY THE GOVERNOR, AND TO PROVIDE THAT A REPRESENTATIVE OF CERTAIN FEDERAL AND STATE AGENCIES IS AUTHORIZED TO ATTEND MEETINGS OF THE COMMISSION IN ORDER TO ACT IN AN ADVISORY CAPACITY TO THE COMMISSION, AND TO AMEND SECTION 46-43-30, RELATING TO OFFICES OF THE COMMISSION AND OTHER RELATED ADMINISTRATIVE MATTERS, SO AS TO DELETE THE STIPULATION THAT THE COMMISSION SHALL ELECT A CHAIRMAN.
Ordered for consideration tomorrow.
Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable report on:
H. 4280 -- Rep. Snow: A BILL TO AMEND SECTION 46-26-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CITE FOR THE AGRICULTURAL LIMING MATERIALS ACT, SO AS TO PROVIDE FOR IT TO BE ADMINISTERED BY THE CROP PEST COMMISSION INSTEAD OF THE CLEMSON UNIVERSITY BOARD OF TRUSTEES; SECTION 46-26-20, RELATING TO DEFINITIONS IN THE ACT, SO AS TO DEFINE THE DIRECTOR OF REGULATORY AND PUBLIC SERVICE PROGRAMS, CLEMSON UNIVERSITY, AND THE DIVISION OF REGULATORY AND PUBLIC SERVICE PROGRAMS, CLEMSON; AND SECTION 46-26-30, RELATING TO THE DELEGATION OF DUTIES TO THE FERTILIZER BOARD OF CONTROL BY THE BOARD OF TRUSTEES, SO AS TO PROVIDE FOR THE COMMISSION TO DELEGATE THE DUTIES TO THE DIRECTOR WHO MAY ADMINISTER AND ENFORCE THIS CHAPTER AND RELATED REGULATIONS; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE THE REFERENCES TO "BOARD" TO "COMMISSION".
Ordered for consideration tomorrow.
Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable report on:
H. 4281 -- Rep. Snow: A BILL TO AMEND SECTION 46-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF PESTICIDES AND RELATED DEVICES, SO AS TO CHANGE THE REGISTRATION RENEWAL DATE AND REVISE THE FEES; TO AMEND SECTION 46-13-60, AS AMENDED, RELATING TO THE STANDARDS FOR CERTIFICATION OF APPLICATORS OF PESTICIDES, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS WHEN THE LICENSE OF AN APPLICATOR WHOSE FINANCIAL RESPONSIBILITY LAPSES, EXPIRES, OR CEASES TO COMPLY IS SUSPENDED AND DELETE THE REFERENCE TO CANCELED LICENSES; TO AMEND SECTION 46-13-100, RELATING TO EVIDENCE OF FINANCIAL RESPONSIBILITY FOR A COMMERCIAL APPLICATOR'S LICENSE, SO AS TO PROVIDE FOR COVERAGE OF THE APPLICATION OF PESTICIDES BY THE APPLICATOR OR HIS AGENTS OR EMPLOYEES, REVISE THE AMOUNT AND EVIDENCE REQUIRED FOR FINANCIAL RESPONSIBILITY, PROVIDE REQUIREMENTS FOR A SURETY BOND OR INSURANCE POLICY, PROVIDE FOR AERIAL APPLICATORS, PROVIDE FOR SELF-INSURANCE, AND PROVIDE REQUIREMENTS FOR THE INSURANCE OR BOND COVERAGE FOR COMMERCIAL APPLICATORS; AND TO AMEND SECTION 46-13-210, RELATING TO JUDICIAL REVIEW OF ACTION BY THE DIRECTOR OF THE DIVISION OF REGULATORY AND PUBLIC SERVICE PROGRAMS, COLLEGE OF AGRICULTURAL SCIENCES, CLEMSON UNIVERSITY, SO AS TO PROVIDE FOR REVIEW ONLY OF CONTESTED CASES AND PROVIDE THAT A WARNING OR A CAUTIONARY LETTER IS NOT JUDICIALLY REVIEWABLE.
Ordered for consideration tomorrow.
Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable report on:
H. 4282 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-25-45 SO AS TO PROVIDE FOR THE CROP PEST COMMISSION TO DELEGATE DUTIES TO THE DIRECTOR OF REGULATORY AND PUBLIC SERVICE PROGRAMS, CLEMSON; AND TO AMEND SECTION 46-25-20, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO FERTILIZERS, SO AS TO DELETE THE DEFINITION OF THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY AND DEFINE THE COMMISSION, DIRECTOR, AND DIVISION OF REGULATORY AND PUBLIC SERVICE PROGRAMS, CLEMSON.
Ordered for consideration tomorrow.
Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable report on:
H. 4283 -- Rep. Snow: A BILL TO AMEND CHAPTER 9, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE CROP PEST COMMISSION, SO AS TO ADD SECTIONS 46-9-15 AND 46-9-110 AND REVISE THE CURRENT DUTIES AND RESPONSIBILITIES OF THE COMMISSION TO PROVIDE A UNIFORM COMPREHENSIVE REGULATION OF SUBJECT MATTER ASSIGNED BY LAW TO IT BY REVISING THE MEMBERSHIP AND DUTIES, DEFINING TERMS, PROVIDING FOR CONFIDENTIAL INFORMATION, DETAILING THE DIRECTOR'S AUTHORITY, AND REVISING PENALTIES.
Ordered for consideration tomorrow.
Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable report on:
H. 4310 -- Reps. Chamblee, Koon and Waldrop: A BILL TO AMEND SECTION 47-13-1350 AND 47-13-1370, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUINE INFECTIOUS ANEMIA SHOTS, SO AS TO CHANGE THE TIME REQUIRED FOR A NEGATIVE REACTION TO THIS SHOT FROM SIX TO TWELVE MONTHS BEFORE A HORSE MAY BE BROUGHT INTO THE STATE AND FOR HORSES BROUGHT INTO A PUBLIC ASSEMBLY OF HORSES.
Ordered for consideration tomorrow.
Senator DRUMMOND, from the Committee on Finance, submitted a favorable with amendment report on:
H. 4337 -- Rep. Kirsh: A BILL TO AMEND SECTION 9-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCIDENTAL DEATH BENEFIT PROGRAM UNDER THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM, SO AS TO INCREASE BY TEN PERCENT THE MONTHLY ALLOWANCE OF A BENEFICIARY UNDER THE PROGRAM WHO WAS RECEIVING BENEFITS UNDER THE PROGRAM ON JULY 1, 1991, AND TO MAKE THE INCREASE EFFECTIVE JULY 1, 1992.
Ordered for consideration tomorrow.
Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable report on:
H. 4351 -- Rep. Snow: A BILL TO REPEAL ACT 442 OF 1986 RELATING TO THE REQUIREMENT THAT THE DEPARTMENT OF AGRICULTURE DESIGN AND PRINT DECALS WHICH MAY BE DISPLAYED WHEREVER BARBEQUE IS SOLD.
Ordered for consideration tomorrow.
Senator COURSON, from the Committee on Invitations, submitted a favorable report on:
An invitation from South Carolina Prayer Fellowship to attend a Statewide Prayer Breakfast at the Embassy Suites Hotel on Wednesday, April 22, 1992, beginning at 7:45 A.M.
The invitation was accepted.
Senator COURSON, from the Committee on Invitations, submitted a favorable report on:
An invitation from South Carolina Bankers Assn. to attend a Oyster Roast at Dixie Seafood on Tuesday, April 21, 1992, from 6:00-8:00 P.M.
The invitation was accepted.
S. 1291 -- Senator Pope: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX CREDIT FOR NEW JOBS IN CERTAIN COUNTIES, SO AS TO REVISE THE DEFINITION OF THE TERM "NEW JOB" TO INCLUDE EXISTING JOBS AT A FACILITY OF AN EMPLOYER WHICH ARE REINSTATED AFTER THE EMPLOYER HAS REBUILT THE FACILITY DUE TO ITS DESTRUCTION BY NATURAL DISASTER OR ACT OF GOD.
The House returned the Bill with amendments.
On motion of Senator POPE, 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.
H. 4480 -- Reps. Carnell, McAbee, Boan, J.W. Johnson and Foster: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REALLOCATE AND REDUCE EXISTING BOND AUTHORIZATIONS, TO AUTHORIZE THE STATE TREASURER TO TRANSFER AN AMOUNT NECESSARY FROM THE FUNDS OF THE VARIOUS STATE RETIREMENT SYSTEMS FOR USE TO PURCHASE OR BUILD SUITABLE OFFICE SPACE FOR THE RETIREMENT DIVISION OF THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT THE PURCHASE MUST CONFORM TO APPLICABLE LAWS, REGULATIONS, AND POLICIES GOVERNING ACQUISITION.
Senator J. VERNE SMITH asked unanimous consent to take the Bill up for immediate consideration.
Senator LOURIE objected.
S. 1388 -- Senator Land: A BILL TO AMEND SECTION 4-9-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS OF THE ANNUAL AUDIT OF THE OFFICES OF COUNTY ASSESSOR, AUDITOR, TREASURER, AND TAX COLLECTOR, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION ARE APPLICABLE FOR TAX YEARS BEGINNING AFTER DECEMBER 31, 1992; TO AMEND SECTION 12-4-310, AS AMENDED, RELATING TO MANDATED POWERS AND DUTIES OF THE TAX COMMISSION, SO AS TO PROVIDE FOR DISCLOSURE OF NET TAXABLE SALES TO AUTHORITIES OF A COUNTY OR MUNICIPALITY; TO AMEND SECTION 12-4-730, RELATING TO DECLARATION AND CERTIFICATION OF EXEMPTIONS AND VOIDING OF TAX NOTICES BY AUDITORS, SO AS TO CHANGE CERTAIN REFERENCES IN THE SECTION; TO AMEND SECTION 12-7-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE INCOME TAX, SO AS TO REVISE THE REFERENCE DATE IN THE DEFINITION OF "INTERNAL REVENUE CODE"; TO AMEND SECTION 12-7-640, RELATING TO NET INCOME OF PUBLIC SERVICES CORPORATIONS, SO AS TO PROVIDE FOR THE APPORTIONMENT OF INCOME DERIVED FROM THE OPERATION OF A SHIPPING LINE; TO AMEND SECTIONS 12-7-1510, 12-7-1640, AS AMENDED, 12-19-20, AS AMENDED, 12-19-150, 33-31-50, AND 33-35-50, RELATING TO PERSONS REQUIRED TO FILE TAX RETURNS, SO AS TO ELIMINATE THE FILING REQUIREMENTS OF EXEMPT ORGANIZATIONS EXCEPT WHERE TAX ON UNRELATED BUSINESS INCOME IS DUE; TO REPEAL SECTION 33-35-150, RELATING TO ANNUAL REPORTS OF CERTAIN NONPROFIT CORPORATIONS; TO AMEND SECTION 12-7-1675, AS AMENDED, RELATING TO FAILURE TO FILE TAX RETURNS, SO AS TO ALLOW THE COMMISSION TO ISSUE ASSESSMENTS AGAINST CORPORATIONS THAT HAVE BEEN ADMINISTRATIVELY DISSOLVED YET CONTINUE TO FILE RETURNS; TO AMEND SECTIONS 12-7-1680, 12-9-670, AND 12-54-240, AS AMENDED, RELATING TO COLLECTION AND ENFORCEMENT PROCEDURES, SO AS TO CHANGE THE RECORDS RETENTION SCHEDULES TO SIX YEARS; TO AMEND SECTIONS 12-7-2415 AND 12-7-2416, RELATING TO TAX CHECK-OFFS FOR WILDLIFE AND THE CHILDREN'S TRUST FUND RESPECTIVELY, SO AS TO RESTRICT SUCH CHECK-OFFS TO INDIVIDUAL INCOME TAX RETURNS ONLY; TO AMEND SECTION 12-9-310, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO FURTHER PROVIDE FOR EXEMPTIONS FROM THE WITHHOLDING REQUIREMENTS; TO AMEND SECTION 12-9-420, RELATING TO THE LIABILITY OF A WITHHOLDING AGENT FOR FAILING TO WITHHOLD OR PAY THE TAX DUE, SO AS TO DEFINE WITHHOLDING AGENT; TO AMEND SECTION 12-16-20, RELATING TO THE ESTATE TAX, SO AS TO REVISE THE REFERENCE DATE IN THE DEFINITION OF "INTERNAL REVENUE CODE"; TO AMEND THE 1976 CODE, BY ADDING SECTION 12-21-2575 SO AS TO ALLOW FOR OTHER METHODS OF ACCOUNTING FOR ADMISSIONS OTHER THAN TICKETS; TO AMEND SECTION 12-21-2720, AS AMENDED, RELATING TO LICENSES FOR COIN-OPERATED DEVICES OR MACHINES, SO AS TO EXEMPT FROM THE COIN OPERATED DEVICE LICENSES AND TAXES CERTAIN MACHINES SUBJECT TO THE ADMISSIONS TAX; TO AMEND SECTION 12-31-420, RELATING TO CALCULATING THE AMOUNT OF FUEL USED BY A MOTOR CARRIER, SO AS TO REVISE THE METHOD OF CALCULATING AMOUNTS OF FUEL USED; TO AMEND SECTIONS 12-36-120, 12-36-910, 12-36-920, 12-36-930, 12-36-2120, AS AMENDED, 12-36-2560, AND 12-36-2650, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO MAKE TECHNICAL CORRECTIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-36-560, 12-36-570, 12-36-1730, 12-36-1740, 12-36-2660, AND 12-36-2670, SO AS TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS RELATING TO RETAIL LICENSES AND THE CASUAL EXCISE TAX, TO PROVIDE FOR ENFORCEMENT, AND AUTHORIZE THE MEMBERS OF THE TAX COMMISSION OR THEIR DESIGNEES TO ADMINISTER OATHS OR TAKE ACKNOWLEDGMENTS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM AD VALOREM TAXATION, SO AS TO PROVIDE THAT THE TAX COMMISSION IS NOT REQUIRED TO USE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S RECOMMENDATIONS WHEN VALUATING POLLUTION CONTROL PROPERTY, TO REQUIRE CERTAIN NOTIFICATION TO THE TAX COMMISSION RATHER THAN THE COUNTY AUDITOR, TO DEFINE NONPROFIT HOUSING CORPORATIONS AND ENSURE THAT PROPERTY IS USED EXCLUSIVELY FOR THE ELDERLY AND HANDICAPPED, AND TO EXEMPT ALL INVENTORY FROM THE TAX EFFECTIVE AS OF A SPECIFIED DATE; TO AMEND SECTION 12-37-2650, AS AMENDED, RELATING TO ISSUANCE OF TAX NOTICES FOR VEHICLES, SO AS TO INFORM TAXPAYERS OF THEIR APPEAL RIGHTS WHEN THEIR PERSONAL PROPERTY IS ASSESSED BY THE COUNTY AUDITOR IN ACCORDANCE WITH TAX COMMISSION REGULATIONS; TO AMEND SECTION 12-39-180, RELATING TO PROPERTY TAX, SO AS TO PROVIDE FOR A UNIFORM MINIMAL ASSESSMENT; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CLASSIFICATION OF PROPERTY AND ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAXES, SO AS TO EXTEND THE TIME FOR FILING FOR THE FOUR PERCENT RATIO APPLICABLE TO AN OWNER-OCCUPIED LEGAL RESIDENCE FROM MAY FIRST OF THE FIRST TAX YEAR FOR WHICH THE ASSESSMENT IS CLAIMED TO ANY TIME BEFORE THE FIRST PENALTY DATE FOR TAXES DUE FOR THE FIRST TAX YEAR FOR WHICH THE ASSESSMENT IS CLAIMED, TO REVISE THE DATE FOR THE PUBLISHING OF NOTICES, AND TO MAKE THE EXTENDED DATE APPLY FOR TAX YEARS BEGINNING AFTER 1990; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-335 SO AS TO PROVIDE FOR THE MANNER IN WHICH THE COMMISSION SHALL ASSESS THE PROPERTY OF MERCHANTS AND RELATED BUSINESSES; TO AMEND SECTION 12-47-70, AS AMENDED, RELATING TO THE ABATEMENT OR REFUND OF INCURRED PROPERTY TAXES, SO AS TO PROVIDE A REFUND PERIOD OF THREE YEARS FROM THE DATE THE TAXES COULD HAVE BEEN PAID WITHOUT A LATE PAYMENT PENALTY; TO AMEND SECTION 12-54-80, AS AMENDED, RELATING TO COLLECTION AND ENFORCEMENT PROCEDURES, SO AS TO REVISE THE MANNER IN WHICH THE SIX-YEAR STATUTE OF LIMITATIONS FOR UNDERREPORTED TAXES MAY BE ADMINISTERED; TO AMEND SECTION 12-54-225, RELATING TO THE AUTHORITY OF THE COMMISSION TO ENTER INTO AGREEMENTS WITH OTHER STATES FOR THE MUTUAL EXCHANGE OF TAX INFORMATION, SO AS TO MAKE IT POSSIBLE FOR THE COMMISSION TO COMPLY WITH THE LAW IF INFORMATION EXCHANGED WITH OTHER STATES IS MISUSED; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO DISCLOSURE OF RECORDS OF AND REPORTS AND RETURNS FILED WITH THE TAX COMMISSION BY EMPLOYEES AND AGENTS OF THE COMMISSION AND STATE AUDITOR'S OFFICE PROHIBITED, SO AS TO PROVIDE FOR CERTAIN ADDITIONAL EXCEPTIONS; TO AMEND SECTION 12-54-420, AS AMENDED, RELATING TO THE SETOFF DEBT COLLECTION ACT, SO AS TO ALLOW POLITICAL SUBDIVISIONS TO PARTICIPATE; TO AMEND SECTION 27-18-20, RELATING TO CHECKS OR DRAFTS MAILED TO AN OWNER AND RETURNED UNDELIVERABLE OR NOT PRESENTED FOR PAYMENT, SO AS TO DEFINE UNCLAIMED PROPERTY FOR PURPOSES OF THE SECTION; TO REPEAL SECTION 11-5-110, RELATING TO THE WRITING-OFF OF UNPAID CHECKS BY THE STATE TREASURER; TO AMEND SECTION 33-15-300, RELATING TO EQUAL TREATMENT FOR FOREIGN AND DOMESTIC CORPORATIONS FOR ADMINISTRATIVE CLOSINGS, SO AS TO INCLUDE FAILURE TO PAY INCOME TAXES AS A REASON FOR A CORPORATION TO BE DISSOLVED; TO AMEND SECTION 40-60-30, RELATING TO REAL ESTATE APPRAISERS, SO AS TO PROHIBIT STATE REGISTERED REAL ESTATE AGENTS FROM PERFORMING APPRAISALS FOR AD VALOREM TAX OR ESTATE TAX APPRAISALS; TO AMEND SECTION 40-60-50, RELATING TO THE SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD, SO AS TO PROVIDE THAT ONE MEMBER MUST BE AN EMPLOYEE OF A STATE AGENCY EMPLOYING PERSONS REQUIRED TO BE LICENSED OR CERTIFIED PURSUANT TO CHAPTER 60 OF TITLE 40; TO AMEND ACT 171 OF 1991, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR 1991-92, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CERTAIN BINGO REVENUE MUST BE DISTRIBUTED; AND TO PROVIDE THAT FOR THE CALENDAR YEAR OF 1992, PERSONNEL FROM THE ASSESSOR'S OFFICE AND THE PROPERTY DIVISION WILL NOT BE REQUIRED TO ATTEND PRESCRIBED COURSES THE CALENDAR YEAR OF 1992 IF THEY HAVE TAKEN AT LEAST TWO REQUIRED COURSES DURING THE 1991 CALENDAR YEAR.
On motion of Senator J. VERNE SMITH, with unanimous consent, the Bill was taken up for immediate consideration. The question being the adoption of the amendment proposed by the Committee on Finance.
Senator J. VERNE SMITH explained the amendment proposed by the Committee on Finance.
The amendment proposed by the Committee on Finance (JIC/6501.HC) was adopted as follows:
Amend the bill, as and if amended, page 7, line 7, by striking /through 528/.
Amend further, page 8, by striking lines 6, 7, and 8 and inserting:
/corporation organized under Article 1 of Chapter Chapters 31 or 33 of Title 33 exempt from income taxes pursuant to Section 501 of the Internal Revenue Code of 1986 for religious purposes, any/
Amend further, page 22, by striking lines 9, 10, and 11, and inserting:
/"(30) Effective for the 1988 and subsequent taxable years, all All inventories of business establishments."/
Amend further, page 20, by striking Section 12-37-220A.(8), as contained in Section 17, and inserting:
/(8) all facilities or equipment of industrial plants which are designed for the elimination, mitigation, prevention, treatment, abatement, or control of water, air, or noise pollution, both internal and external, required by the state or federal government and used in the conduct of their business.; provided that At the request of the Tax Commission the Department of Health and Environmental Control shall investigate the property of any manufacturer or company in the State, eligible for the exemption to determine the portion of the property of the manufacturer or company that qualifies as pollution control facility property. Upon investigation of the property, of the manufacturer or company the department shall furnish the commission with a detailed listing of the property of the manufacturer or company that qualifies as a pollution control facility property. Provided, further, that when facilities or equipment are installed or constructed specifically to improve or maintain the quality of the air or abate noise inside an industrial plant, the Department of Labor, at the request of the commission, shall conduct the necessary investigations and furnish the commission with listings of property which qualify as air or noise pollution control facilities for the protection of the health and safety of employees at the industrial plant concerned; For equipment that serves a dual purpose of production and pollution control, the value eligible for the ad valorem exemption is the difference in cost between this equipment and equipment of similar production capacity or capability without the ability to control pollution;"/
Amend further, by adding the following sections appropriately numbered to read:
/SECTION ___. Chapter 1, Title 4 of the 1976 Code is amended by adding:
"Section 4-1-175. A county or municipality receiving revenues from a payment in lieu of taxes pursuant to Section 13 of Article VIII of the Constitution of this State may issue special source revenue bonds secured by and payable from all or a part of that portion of the revenues which the county is entitled to retain pursuant to the agreement required by Section 4-1-170 in the manner and for the purposes set forth in Section 4-29-68. The county or municipality may pledge the revenues for the additional securing of other indebtedness in the manner and for the purposes set forth in Section 4-29-68.
A political subdivision of this State subject to the limitation of either Section 14(7)(a) or Section 15(6) of Article X of the Constitution of this State pledging pursuant to this section all or a portion of the revenues received and retained by that subdivision from a payment in lieu of taxes to the repayment of any bonds shall not include in the assessed value of taxable property located in the political subdivision for the purposes of calculating the limit imposed by those sections of the Constitution any amount representing the value of the property that is the basis of the pledged portion of revenues. If the political subdivision, before pledging revenues pursuant to this section, has included an amount representing the value of a parcel or item of property that is the subject of a payment in lieu of taxes in the assessed value of taxable property located in the political subdivision and has issued general obligation debt within the debt limit calculated on the basis of such assessed value, then it may not pledge pursuant to this section revenues based on the item or parcel of property, to the extent that the amount representing its value is necessary to permit the outstanding general obligation debt within the debt limit of the political subdivision."
SECTION ___. Chapter 29, Title 4 of the 1976 Code is amended by adding:
"Section 4-29-68. (A) A county or municipality that receives and retains revenues from a payment in lieu of taxes pursuant to Section 4-29-60 or Section 4-29-67 may issue special source revenue bonds secured by and payable from all or a part of such revenues, subject to the following terms and conditions:
(1) The issuance of bonds is authorized by a duly adopted ordinance of the governing body of the issuer, after a public hearing is held at least fifteen days after notice of the hearing is published in a newspaper of general circulation in the county or municipality.
(2) The bonds are issued solely for the purpose of paying the cost of designing, acquiring, constructing, improving, or expanding the infrastructure serving the issuer in order to enhance the economic development of the issuer, and costs of issuance of the bonds.
(3) The bonds may include amounts for capitalized interest for a period not to extend beyond the later of (a) the date that is three years from the date of issuance of the bonds and (b) the first date on which any ad valorem taxes (including, but not limited to, county or school district taxes) would have been payable on the property (other than unimproved real property) which is the subject of the payment in lieu of taxes.
(4) The issuer may use proceeds of the bonds (a) directly for infrastructure owned or controlled by the issuer or (b) to make loans or grants to, or to participate in joint undertakings with, other agencies or political subdivisions of the State that own or control the infrastructure referred to in item (2) of this subsection.
(5) The bonds are, and must state on their face that they are, (a) payable solely from all or a specifically described part of the payments in lieu of taxes received and retained by the issuer under Section 4-29-60, Section 4-29-67, or Section 13 of Article VIII of the Constitution of this State, (b) not secured by, or in any way entitled to, a pledge of the full faith, credit, or taxing power of the issuer, (c) not an indebtedness of the issuer within the meaning of any state constitutional provision or statutory limitation but are payable solely from a special source that does not include revenues from any tax or license, and (d) not a pecuniary liability of the issuer or a charge against the issuer's general credit or taxing power.
(6) The ordinance authorizing the issuance of the bonds shall specifically describe the portion of the payments in lieu of taxes received and retained by the issuer from which the bonds are payable and by which the bonds are secured.
(7) The bonds may be executed and delivered at any time as a single issue or from time to time as several issues, be in the form and denominations, be of the tenor, be payable in the installments and at the time or times not to exceed the time over which payments in lieu of taxes are scheduled to be received, be subject to the terms of redemption, be payable at the place or places, bear interest at the rate or rates which is payable at the place or places, and contain provisions not inconsistent with this section, all of which must be provided in the ordinance authorizing the bonds.
(8) The bonds may be sold at public or private sale at the prices and in the manner and from time to time as may be determined by the governing board to be most advantageous, and the governing board may pay, as a part of the costs described in item (2) of this subsection, and out of the bond proceeds, all expenses, premiums, commissions, and expenses which the governing board considers necessary or advantageous in connection with the authorization, sale, and issuance of the bonds.
(9) The ordinance may provide for the issuance, in the future, of further bonds on a parity with those initially issued, but the proceedings preclude the issuance of bonds or any applications of any sort secured by a lien prior to the lien of the bond or bonds afterward issued on a parity with the bonds.
(10) Pending the issuance of bonds, bond anticipation notes may be issued, and to the end that a vehicle be provided therefor, the provisions of Section 11-17-10 to Section 11-17-110, as now or hereafter amended, are applicable to the bond anticipatory borrowing.
(11) The ordinance authorizing the issuance of the bonds may contain agreements and provisions customarily contained in the instruments securing revenue or special source bonds as the governing board considers advisable, but the issuer does not have the power to obligate itself to impose or maintain any particular level of tax rates.
(B) A county or municipality that receives and retains revenues from a payment in lieu of taxes pursuant to Section 4-29-60 or Section 4-29-67 may pledge the revenues as additional security for general obligation debt or revenue debt of the issuer if the general obligation debt or revenue debt is issued in accordance with items (1) and (2) of this subsection.
(C) A county or municipality that receives and retains revenues from a payment in lieu of taxes pursuant to Section 4-29-60 or Section 4-29-67 may pledge the revenues as additional security for general obligation debt or revenue debt of other agencies or political subdivisions of the State referred to in item (4)(b) of this subsection if the pledge is authorized by a duly-adopted ordinance of the governing body of the county or municipality after a public hearing is held at least fifteen days after notice of the hearing is published in a newspaper of general circulation in the county or municipality and if the general obligation debt or revenue debt to which the revenues received from a payment in lieu of taxes are pledged is issued solely for the purpose of paying the cost of designing, acquiring, constructing, improving, or expanding the infrastructure serving the county or municipality in order to enhance the economic development of the county or municipality, and costs of issuance of the bonds.
(D) Revenues received by a county or municipality which may be pledged or from which bonds may be payable and secured pursuant to this Section 4-29-68 or Section 4-1-175 may be used jointly to pay or secure a single series of bonds.
(E) A political subdivision of this State subject to the limitation of either Section 14(7)(a) or Section 15(6) of Article X of the Constitution of this State pledging pursuant to this section all or a portion of the revenues received and retained by that subdivision from a payment in lieu of taxes to the repayment of any bonds shall not include in the assessed value of taxable property located in the political subdivision for the purposes of calculating the limit imposed by those sections of the Constitution any amount representing the value of the property that is the basis of the pledged portion of revenues. If the political subdivision, before pledging revenues pursuant to this section, has included an amount representing the value of a parcel or item of property that is the subject of a payment in lieu of taxes in the assessed value of taxable property located in the political subdivision and has issued general obligation debt within the debt limit calculated on the basis of such assessed value, then it may not pledge pursuant to this section revenues based on the item or parcel of property, to the extent that the amount representing its value is necessary to permit the outstanding general obligation debt within the debt limit of the political subdivision."
SECTION ___. Section 4-1-170 of the 1976 Code, as added by Act 139 of 1989, is amended to read:
"Section 4-1-170. By written agreement, counties may develop jointly an industrial or business park with other counties within the geographical boundaries of one or more of the member counties as provided in Section 13 of Article VIII of the Constitution of this State. The written agreement entered into by the participating counties must include provisions which:
(1) address sharing expenses of the park;
(2) specify by percentage the revenue to be allocated to each county;
(3) specify the manner in which revenue must be distributed to each of the taxing entities within each of the participating counties.
For the purpose of bonded indebtedness limitation and for the purpose of computing the index of taxpaying ability pursuant to Section 59-20-20(3), allocation of the assessed value of property within the park to the participating counties must be identical to the percentage utilized for the allocation of revenue to each of the counties and to each of the taxing entities within the participating counties must be identical to the allocation of revenue received and retained by each of the counties and by each of the taxing entities within the participating counties."
SECTION ___. Section 4-29-67 of the 1976 Code, as last amended by Act 173 of 1989, is further amended to read:
"Section 4-29-67. (A) Notwithstanding the provisions of Section 4-29-60, in a financing agreement in the form of a lease or a lease purchase, for a project involving an initial investment of at least eighty-five million dollars, the lease or lease purchase agreement may provide for a payment in lieu of taxes as provided in this section.
(B) The agreement must provide for:
(1) a payment equal to the taxes that would otherwise be due on the undeveloped property if it were taxable;
(2) an annual payment for not more than twenty years determined in accordance with one of the following:
(a) a predetermined annual payment in an amount not less than the ad valorem taxes that would be due on the project if it were taxable, but using an assessment ratio of not less than six percent, and a millage rate not less than the rate applicable at the time of execution of the agreement, and a fair market value estimate as determined by the South Carolina Tax Commission using original cost for the real property and original cost less allowable depreciation for the personal property as provided in Section 12-37-930;
(b) an annual payment based on any alternative agreement yielding a net present value of the sum of the fees for the life of the agreement not less than the net present value of the fee schedule as calculated pursuant to subitem (a);
(c) an annual payment using a formula that results in a fee not less than the amount required pursuant to subitem (a), except that every fifth year the applicable millage rate is allowed to increase or decrease in step with the average actual millage rate applicable for the preceding five years in the district where the project is located.
(3) At the conclusion of the payments determined pursuant to items (1) and (2), an annual payment equal to the taxes due on the project if it were taxable.
(4) As a directly foreseeable result of negotiating the fee, gross revenues of a school district in which a project is located in any year a fee negotiated pursuant to this subsection is paid may not be less than gross revenues of the district in the year before the first year for which a fee in lieu of taxes is paid. In negotiating the fee, the parties shall assume that the formulas for the distribution of state aid at the time of the execution of the agreement must remain unchanged for the duration of the agreement.
(C) Distribution of the payment in lieu of taxes on the project must be made in the same manner and proportion that the millage levied for school and other purposes would be distributed if the property were taxable. Millage rates must be determined for school and other purposes as if the property were taxable.
(D) Calculations pursuant to subsection (B)(2) must be made on the basis that the property, if taxable, is allowed all applicable ad valorem tax exemptions except the exemption allowed pursuant to Section 3(g) of Article X of the Constitution of this State and the exemption allowed pursuant to Section 12-37-220B(32).
(E) Projects on which payments in lieu of taxes are made pursuant to this section are considered taxable property at the level of the negotiated payment for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State, and for purposes of computing the index of taxpaying ability pursuant to Section 59-20-20(3).
(F) From the date of execution of the agreement the lessee has no more than five years in which to meet the minimum investment level required by this section. If this requirement is not timely met, all property financed under the lease agreement reverts retroactively to the tax treatment required pursuant to Section 4-29-60 with any unpaid taxes due thereby subject to interest as provided in Section 12-54-20.
(G) Net present value calculations performed pursuant to subsection (B)(2)(b) of this section must use a discount rate identical to the interest rate effective for United States Treasury bonds of similar maturity as published during the month the agreement is executed.
(H) The minimum amount of the initial investment provided in subsection (A) of this section may not be reduced except by a special vote which, for purposes of this section, means an affirmative vote in each branch of the General Assembly by two-thirds of the members present and voting, but not less than three-fifths of the total membership in each branch.
(A) Notwithstanding the provisions of Section 4-29-60, in the case of a financing agreement in the form of a lease or a lease purchase, for a project qualifying under subsection (B), the county and the investor may enter into an inducement agreement which provides for payment in lieu of taxes (fee) as provided in this section.
(B) In order to qualify for the fee as provided in subsection (D)(2):
(1) Title to the property must be held by the county or in the case of a project located in an industrial development park as defined in Section 4-1-170 title may be held by more than one county provided each county is a member of the industrial development park.
(2) The investment must be a project which is located in a single county or an industrial development park as defined in Section 4-1-170.
(3) The minimum level of investment must be at least eighty-five million dollars and must be invested within the time period provided in subsection (C).
(4) (a) Except as provided in subsection (B)(4)(b), the investment must be made by a single taxpayer in the form of a corporation or a partnership.
(b) The members of the same controlled group of corporations as defined in Section 1563 of the Internal Revenue Code of 1986 can qualify for the fee if the combined investment in the county by the members meets the minimum investment requirements. The members whose investments will be used to meet the minimum level of investment must all be parties to any agreements providing the terms for payment of the fee. The county and the members who are part of the inducement agreement may agree that any investments by other members of the controlled group within the time period provided in subsection (C)(1) shall qualify for the payment regardless of whether the member was part of the inducement agreement. Members of the controlled group which are not parties to the inducement agreement must invest at least ten million dollars in the county and must notify the Tax Commission that the investment is subject to the fee before the execution of the lease agreement covering the investment by the member. The investments under subsection (B)(4)(b) must be within the same county.
In order to qualify under this provision, investors claiming the fee must be members of the same controlled group at the time of the inducement agreement and all lease agreements which are executed by the parties.
Members of the controlled group must provide the information considered necessary by the Tax Commission to ensure that the investors are part of a controlled group.
(C) (1) From the end of the property tax year in which the investor and the county execute the initial lease or lease purchase agreement, the investor has five years in which to complete its investment for purposes of qualifying for Section 4-29-67. If the investor does not anticipate completing the project within five years, the investor may apply to the county before the end of the five-year period for an extension of time to complete the project. If the county agrees to grant the extension, the county must do so in writing and a copy must be delivered to the Tax Commission within thirty days of the date the extension was granted. The extension may not exceed two years in which to complete the project.
There is no extension allowed for the five-year period in which to meet the minimum level of investment. If the minimum level of investment is not met within five years, all property financed under the lease agreement reverts retroactively to the payments required by Section 4-29-60. The difference between the fee actually paid by the investor and the payment which is due under Section 4-29-60 is subject to interest as provided in Section 12-43-305.
Unless property qualifies as replacement property under a contract provision enacted pursuant to subsection (F)(2), any property placed in service after the five-year period, or seven years in the case of a project which has received an extension, is not part of the fee agreement under subsection (D)(2) and is subject to the payments required by Section 4-29-60 if the county has title to the property, or to property taxes as provided in Chapter 37 of Title 12 if the investor has title to the property.
(2) The annual fee provided by subsection (D)(2) is available for no more than twenty years. For projects which are completed and placed in service during more than one year, each year's investment may be subject to the fee in subsection (D)(2) for twenty years to a maximum total of twenty-seven years for the fee for a single project which has been granted an extension. Replacement property as defined in subsection (F)(2) is entitled to the fee payment for the period of time remaining on the fee for the property which it is replacing.
(D) The inducement agreement must provide for fee payments, to the extent applicable, as follows:
(1) (a) before property is placed in service which qualifies under subsection (B), an annual fee payment equal to the property taxes that would have been due on any previously taxed property had it remained taxable.
(b) on undeveloped property, an annual fee payment equal to the property taxes that would have been due on any previously taxed property had it remained taxable.
(c) fee payments under subsection (D)(1) will not be considered part of the maximum period for the fee provided in subsection (C)(2).
(2) After property qualifying under subsection (B) is placed in service, an annual fee payment determined in accordance with one of the following is due:
(a) an annual payment in an amount not less than the property taxes that would be due on the project if it were taxable, but using an assessment ratio of not less than six percent, and a fixed millage rate as provided in subsection (G), and a fair market value estimate determined by the South Carolina Tax Commission as follows:
(i) for the real property using the original cost, and
(ii) for personal property using the original cost less depreciation allowable for property tax purposes, except that the investor is not entitled to any extraordinary obsolescence deduction.
(b) an annual payment based on any alternative arrangement yielding a net present value of the sum of the fees for the life of the agreement not less than the net present value of the fee schedule as calculated under subsection (D)(2)(a). Net present value calculations performed under this subsection must use a discount rate identical to the interest rate in effect for new or existing United States Treasury bonds of similar maturity as published during the month in which the inducement agreement is executed. If no interest rate is available for the month in which the inducement agreement is executed, the last published rate for the appropriate maturity must be used. If there are no bonds of appropriate maturity available, bonds of different maturities may be averaged to obtain the appropriate maturity.
(c) an annual payment using a formula that results in a fee not less than the amount required pursuant to subsection (D)(2)(a), except that every fifth year the applicable millage rate is allowed to increase or decrease in step with the average actual millage rate applicable in the district where the project is located based on the preceding five-year period.
(3) At the conclusion of the payments determined pursuant to items (1) and (2) of this subsection, an annual payment equal to the taxes due on the project as if it were taxable. When the property is no longer subject to the fee under subsection (D)(2), the fee or property taxes must be assessed based on the fair market value as of the latest reassessment date.
(E) Calculations pursuant to subsection (D)(2) must be made on the basis that the property, if taxable, is allowed all applicable property tax exemptions except the exemption allowed under Section 3(g) of Article X of the Constitution of this State and the exemption allowed pursuant to Section 12-37-220B(32) and (34).
(F) With regard to the calculation of the fee provided in subsection (D)(2), the inducement agreement may provide for the disposal of property and the replacement of property subject to the fee as follows:
(1) (a) If an investor disposes of property subject to the fee, the fee must be reduced by the amount of the fee applicable to that property.
(b) Property is disposed of only when it is scrapped or sold in accordance with the lease agreement.
(c) (i) If the investor used any method to compute the fee other than that provided in subsection (D)(2)(a), the fee on the property which was disposed of must be recomputed in accordance with subsection (D)(2)(a) and to the extent that the amount which would have been paid under subsection (D)(2)(a) exceeds the fee actually paid by the investor, the investor must pay the difference in the manner provided in subsection (F)(1)(c)(ii). If the investor used the method provided in subsection (D)(2)(c), the millage rate provided by subsection (D)(2)(c) must be used to calculate the amount which would have been paid under subsection (D)(2)(a).
(ii) If the investor replaces the property which was disposed of under subsection (F)(2), then the difference calculated in subsection (F)(1)(c)(i) may be paid using the same present value structure used to calculate the fee for the replacement property. If the fee payment for the replacement property is calculated using subsection (D)(2)(a), the difference may be paid using a present value method which results in equal payments over the remaining life of the fee. If when replacing property the investor does not choose to pay the difference over the remaining life of the fee, the difference must be paid with the next fee payment. If the investor does not replace the property which has been disposed of, the investor shall pay the difference calculated in subsection (1)(c)(i) with the next fee payment.
(d) If at any time following the period provided in subsection (C), the investment based on income tax basis with no deduction for depreciation falls below the eighty-five million dollar minimum investment, the fee provided in subsection (D)(2) is no longer available and the investor is required to make the payments which are due under Section 4-29-60 for the remainder of the lease period.
(e) If there is no provision in the agreement dealing with the disposal of property in accordance with this subsection, the fee remains fixed and no adjustment to the fee is allowed for disposed property.
(2) Any property which is placed in service as a replacement for property which is subject to the fee payment may become part of the fee payment as provided in this item:
(a) Replacement property does not have to serve the same function as the property it is replacing. Replacement property qualifies for fee treatment provided in subsection (D)(2) only up to the original income tax basis of fee property which is being disposed of in the same property tax year. More than one piece of property can replace a single piece of property. To the extent that the income tax basis of the replacement property exceeds the original income tax basis of the property which it is replacing, the excess amount is subject to payments as provided in Section 4-29-60.
(b) The new replacement property which qualifies for the fee provided in subsection (D)(2) is recorded using its income tax basis and the fee is calculated using the millage rate and assessment ratio provided on the original fee property. If the investor uses the method of making the payment provided in subsection (D)(2)(b) with either a fixed millage rate, or a changing millage rate as provided in subsection (D)(2)(c) if the fee on the original investment uses that method, then the investor and the county shall negotiate the method of calculating the present value of the fee payments for each year remaining in the fee period. This method must be provided to the Tax Commission at the time information concerning the calculation of the original fee payment is provided to the Tax Commission. If a method of calculating the fee payment for replacement property is not negotiated, then the method of calculating the payment must be based on subsection (D)(2)(a).
(c) In order to qualify as replacement property title to the replacement property must be held by the county.
(d) If there is no provision in the fee agreement dealing with replacement property, any property placed in service after the five-year period, or seven years in the case of a project which has received an extension, is not part of the fee agreement under subsection (D)(2) and is subject to the payments required by Section 4-29-60 if the county has title to the property, or to property taxes as provided in Chapter 37 of Title 12 if the investor has title to the property.
(G) The county and the investor may enter into an agreement to establish the millage rate (millage rate agreement) for purposes of calculating payments under (D)(2)(a) and the first five years under (D)(2)(c). This millage agreement must be executed on the date of the inducement agreement or anytime thereafter up to and including the date of the initial lease agreement. The millage rate cannot be lower than the cumulative property tax millage rate legally levied by or on behalf of all taxing entities within which the subject property is to be located which is the latest such cumulative rate at the time the millage agreement is executed, regardless of the tax year to which that property tax millage applies. If no millage rate agreement is signed before the date of the initial lease agreement, the millage rate is deemed to be the existing cumulative property tax millage rate on the date the initial lease agreement is executed by both parties.
(H) The investor and the county may amend the terms of their inducement agreement as it concerns the fee payment, except with regard to the minimum millage rate as provided in subsection (G) and the discount rate, at any time before the initial lease agreement date. The contract provisions concerning the fee payment may not be amended after the initial lease agreement date.
(I) At the time of the inducement agreement (first agreement), the investor and the county may agree that, if within five years following the five-year minimum investment period, the investor invests an additional eighty-five million dollars in a new project, the parties shall enter into a new inducement agreement (second agreement) providing for a fee in connection with the new investment. The first agreement may establish the assessment ratio to be used in the second agreement and may also provide that the millage rate is calculated using the lowest millage rate available for the second agreement using the provisions of subsections (D)(2)(c) and (G). All other terms must be negotiated by the parties in the second agreement.
(J) (1) For a project not located in an industrial development park as defined in Section 4-1-170, distribution of the fee in lieu of taxes on the project must be made in the same manner and proportion that the millage levied for school and other purposes would be distributed if the property were taxable. For this purpose, the relative proportions must be calculated based on the following procedure: holding constant the millage rate set in subsection (G) and using all tax abatements automatically granted for taxable property, a full schedule of the property taxes that would otherwise have been distributed to each millage levying entity in the county must be prepared for the life of the agreement, up to twenty years maximum. These separate schedules must then be reduced to present value using the discount rate provided under subsection (D)(2)(b). The resulting values for each millage levying entity as a percentage of the present value total for all such entities determines each entity's relative share of each year's fee payment for all subsequent years of the agreement.
(2) For a project located in an industrial development park as defined in Section 4-1-170, distribution of the fee in lieu of taxes on the project must be made in the manner provided for by the agreement establishing the industrial development park.
(K) As a directly foreseeable result of negotiating the fee, gross revenue of a school district in which a project is located in any year a fee negotiated pursuant to this section is paid, may not be less than gross revenues of the district in the year before the first year for which a fee in lieu of taxes is paid. In negotiating the fee, the parties shall assume that the formulas for the distribution of state aid at the time of the execution of the agreement must remain unchanged for the duration of the agreement.
(L) Projects on which a fee in lieu of taxes is paid pursuant to this section are considered taxable property at the level of the negotiated payments for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State, and for purposes of computing the index of taxpaying ability pursuant to Section 59-20-20(3). However, for a project located in an industrial development park as defined in Section 4-1-170, projects are considered taxable property in the manner provided in Section 4-1-170 for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State, and for purposes of computing the index of taxpaying ability pursuant to Section 59-20-20(3).
(M) The minimum amount of the initial investment provided in subsection (B)(2) of this section may not be reduced except by a special vote which, for purposes of this section, means an affirmative vote in each branch of the General Assembly by two-thirds of the members present and voting, but not less than three-fifths of the total membership in each branch.
(N) The investor shall file the returns, contracts, and other information which may be required by the Tax Commission in order to report investments in connection with the fee.
(O) Failure to make a timely fee payment and file required returns shall result in penalties being assessed in accordance with Sections 12-45-180 and 12-37-800.
(P) The Tax Commission may require returns and other information it considers appropriate to administer the provisions of this section, and may issue the rulings and regulations it determines necessary or appropriate to carry out the purpose of this section."
SECTION ___. Section 4-29-80 of the 1976 Code is amended to read:
"Section 4-29-80. The governing board shall have has the power to provide that the project and improvements shall must be acquired by the county or incorporated municipality, the industry, or both, on real estate owned by the county, or incorporated municipality, or other agency or political subdivision of the State or the industry, that bond proceeds shall must be disbursed by the trustee bank or banks or depository during construction upon the estimate, order or certificate of the industry, and if the financing agreement is in the form of a lease that the project need not be conveyed to the county or incorporated municipality for lease to the industry until its completion. The governing board may authorize the industry to acquire real estate and commence construction in anticipation of the issuance of bonds and to provide that the industry shall must be reimbursed for such the expenditures from the proceeds of such the bonds if and when issued. In making such the agreements or provisions the governing board shall does not have the power to obligate the county or incorporated municipality except with respect to the project and the application of the revenues therefrom, and shall does not have the power to incur a pecuniary liability or a charge upon the general credit of the county or incorporated municipality or against its taxing powers."
SECTION ___. (A) In connection with a written agreement between the county and the investor executed in good faith prior to March 15, 1992, concerning the method for calculating the fee allowed pursuant to Section 4-29-67 of the 1976 Code, the method provided in the agreement by the parties will be binding except as provided in subsections (D) and (E) of this section.
(B) If the investor and county are operating under an existing agreement which does not discuss replacement property or the disposal of property subject to the fee, the parties can agree to follow any previously written opinion of the Attorney General or Tax Commission concerning these issues.
(C) The investor and the county who are operating under an existing fee agreement may renegotiate the payment to include provisions concerning property which is disposed of and replacement property which is consistent with Section 4-29-67(F) of the 1976 Code.
(D) The investor and the county who are operating under an existing fee agreement may agree to an extension as provided in Section 4-29-67(C)(2) of the 1976 Code. In no event may an existing or modified agreement exceed in total the time period provided in Section 4-29-67(C)(1) of the 1976 Code.
(E) An existing agreement may not provide that the terms of the agreement can be amended except as provided in Section 4-29-67(H) of the 1976 Code.
SECTION ___. Article 11, Chapter 23, Title 12 of the 1976 Code is amended by adding:
"Section 12-23-815. The Tax Commission shall issue assessments for the tax provided by this article based on information provided by the Department of Health and Environmental Control and the Health and Human Services Finance Commission."
SECTION __. Section 12-23-830 of the 1976 Code, as amended by Act 105 of 1991, is further amended to read:
"Section 12-23-830. On the first day of each quarter, each general hospital shall remit one-fourth of its annual tax to the Tax Commission. The tax must be paid for each quarter a hospital is in operation. If a hospital ceases operations, the taxes not paid as a result of the cessation of operations must be apportioned among other hospitals in operation."/
Renumber sections to conform.
Amend title to conform.
Senator LAND proposed the following Amendment No. 1 (CYY\19086.JM), which was adopted:
Amend the bill, as and if amended, by striking SECTIONS 32 and 33 in their entirety.
Renumber remaining SECTIONS to conform.
Amend title to conform.
Senator J. VERNE SMITH explained the amendment.
Senator J. VERNE SMITH moved that the amendment be adopted.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator J. VERNE SMITH, S. 1388 was ordered to receive a third reading on Monday, April 20, 1992.
Senator PASSAILAIGUE, with unanimous consent, was granted leave to address brief remarks to the body.
H. 4480 -- Reps. Carnell, McAbee, Boan, J.W. Johnson and Foster: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REALLOCATE AND REDUCE EXISTING BOND AUTHORIZATIONS, TO AUTHORIZE THE STATE TREASURER TO TRANSFER AN AMOUNT NECESSARY FROM THE FUNDS OF THE VARIOUS STATE RETIREMENT SYSTEMS FOR USE TO PURCHASE OR BUILD SUITABLE OFFICE SPACE FOR THE RETIREMENT DIVISION OF THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT THE PURCHASE MUST CONFORM TO APPLICABLE LAWS, REGULATIONS, AND POLICIES GOVERNING ACQUISITION.
On motion of Senator STILWELL, with unanimous consent, the Bill was taken up for immediate consideration.
Senators LEATHERMAN, STILWELL, MITCHELL, J. VERNE SMITH, DRUMMOND, MACAULAY, McCONNELL, PEELER, THOMAS, RUSSELL, REESE and COURTNEY proposed the following Amendment No. 1 (436\12414.DW):
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION . (A) Subitem 21 (Department of Corrections), sub-subitem (d) of Item (f) of Section 3 of Act 1377 of 1968, as added by an act of 1991 bearing ratification number 256, is amended to read:
"(d) 1130-Bed Medium Institution 37,750,000 12,750,000
It is the intent of the General Assembly to restore the $25,000,000 to the Department of Corrections in legislation authorizing the issuance of additional capital improvement bonds. The Department of Corrections may proceed with the initial contract phase of the 1130-Bed Medium Institution as funds are released by the Joint Bond Review Committee and the Budget and Control Board."
(B) Subitem 31 (Ports Authority), Item (f) of Section 3 of Act 1377 of 1968, as added by an act of 1991 bearing ratification number 256, is amended to read:
"31. Ports Authority
(a) Charleston Harbor
Deepening 31,338,700
(b) Economic Development
Project 25,000,000
Total, Ports Authority 31,338,700
56,338,700
If the Joint Bond Review Committee and the Budget and Control Board determine that the Economic Development Project cannot be implemented, the provisions of the authorization in this subsection are void and the $25,000,000 transferred from the Department of Corrections reverts to the department to be used for its original purpose."/
Renumber sections to conform.
Amend totals and title to conform.
Senator MITCHELL spoke on the amendment.
Senator MOORE spoke on the amendment.
Senator LEATHERMAN spoke on the amendment.
Senator LEATHERMAN, with unanimous consent, proposed the following Amendment No. 1A (RES4480.01), which was adopted:
Amend the bill, as and if amended, page 2, beginning on line 33, by striking SECTION 4 in its entirety.
Renumber sections to conform.
Amend title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
The question then was the adoption of Amendment No. 1.
Amendment No. 1, as amended, was adopted.
Senator HINDS proposed the following Amendment No. 2 (436\12421.DW), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION . Subitem 34 (Horry County), item (f), Section 3 of Act 1377 of 1968, as last amended by Section 8 of an act of 1991 bearing ratification number 256, is further amended to read:
"34. Horry County
Multipurpose Arena
City of Myrtle Beach
Convention Center 5,000,000
Total, Horry County
Multipurpose Arena
City of Myrtle Beach 5,000,000
The funds authorized in this subitem for the Horry County-Multipurpose Arena must be matched on a three-to-one value basis as provided by the governing body of Horry County and any governing body of any municipality in Horry County, donations in-kind, and any other source of funds which may be obligated for the arena. The funds authorized in this subitem for the City of Myrtle Beach Convention Center must be matched on a three-to-one value basis as provided by the governing body of the City of Myrtle Beach or the governing body of Horry County, donations in-kind, and any other source of funds which may be obligated for the convention center, including funds of any nonprofit corporation pursuant to any certificate of participation financing of the convention center."/
Renumber sections to conform.
Amend totals and title to conform.
Senator HINDS explained the amendment.
Senator HINDS moved that the amendment be adopted.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 4622 -- Rep. Stoddard: A BILL TO AMEND ACT 171 OF 1967, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS FIFTY-FIVE AND FIFTY-SIX AND THE ANNUAL OPERATING BUDGETS AND TAX LEVY THEREFOR, SO AS TO REVISE THE AUTHORIZED ANNUAL TAX LEVIES.
On motion of Senator BRYAN, the Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator BRYAN proposed the following amendment (CYY\19074.SD), which was adopted:
Amend the bill, as and if amended, by striking Section 1 of Act 171 of 1967, as contained in Section 1 of the act, and inserting:
/Section 1. On or before the fifteenth day of April 1967, and on or before the first day of July for each succeeding year thereafter, the board of trustees of School Districts Fifty-five and Fifty-six in Laurens County shall annually prepare operating budgets and recommend to the county auditor the amount of tax levy necessary to defray the cost of the budgets. The board of trustees of each school district in preparing the budgets may grant to teachers fringe benefits, in lieu of salaries, in forms as it may determine. Budgets shall further be submitted to the county board of education for its review. Certified copies of the budgets signed by a majority of the board of trustees of the districts shall must be filed with the auditor and treasurer. Copies of the budget shall must also be furnished to the county legislative delegation and a summary of the budgets published in a newspaper having general circulation within the district. Beginning with tax year 1983-1984 and for For each tax year thereafter, an annual uniform millage for operating purposes must be levied on all taxable property in School Districts Fifty-five and Fifty-six of Laurens County. Monies derived from the levy must first be distributed to each school district to provide the amount necessary under the Act 163 of 1977 South Carolina Education Finance Act of 1977 for required local support. Any monies not paid for required local support must be distributed to the school districts according to the current year's one hundred thirty-five day EFA weighted pupil units. All forestry funds in lieu of taxes shall be retained by Laurens County School District Fifty-six for two years following the effective date of this act. Thereafter, School District Fifty-five and School District Fifty-six of Laurens County shall share the forestry funds according to the current year's one hundred thirty-five day EFA weighted pupil units. The sharing of all forestry funds shall be phased in over a three year period, with one-third of all forestry funds to be shared the first year and an additional one-third to be shared each subsequent year until all such funds are available for distribution to both districts. Subsequent to June 30, 1968, the For the year 1992, the boards of trustees of School Districts Fifty-five and Fifty-six may recommend a tax levy increase of five mills which shall become a part of the base millage authorization of the districts if imposed. After 1992, the boards of trustees of School Districts Fifty-five and Fifty-six may recommend a tax levy increase of up to three mills in any two year period above the base authorization. A tax increase of more than three mills in any two-year period above the base authorization must be approved at a referendum by the people electors of both the school districts prior to its levy. The referendum shall must be ordered by the board of trustees and held at places as the boards may designate in each attendance area of the school districts. Notice must be given by publication in all of the newspapers in the county at least once a week for three consecutive weeks prior to the referendum. The notice must give the date of the referendum, the question to be voted upon, and any other information which would aid the voters to understand the question being presented. The boards shall order the referendum to be held not later than the fourth Tuesday in May. If the recommended levy is within the limits provided approved in the referendum, the county auditor shall levy and the treasurer collect the amount specified./
Amend title to conform.
Senator BRYAN proposed the following amendment (CYY\19112.SD), which was adopted:
Amend the bill, as and if amended, by adding the following new paragraph at the end of Section 1 of Act 171 of 1967, as contained in Section 1 of the act:
/If the board of trustees of either School District Fifty-five or Fifty-six pursuant to the requirements of Section 59-21-1030 of the 1976 Code increase the millage of their respective district in any year, the millage increase which that board is authorized to recommend without a referendum as provided herein is reduced by a like amount for that year, and the limitation on the total amount of increased millage which the board may recommend without a referendum in any two-year period is also reduced by a like amount./
Amend title to conform.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 3533 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO LAKE MURRAY - DAILY CREEL AND SIZE LIMIT OF STRIPED BASS (ROCKFISH), DESIGNATED AS REGULATION DOCUMENT NUMBER 1314, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator HOLLAND, with unanimous consent, the Resolution was recommitted to the Committee on Fish Game and Forestry.
Senator MOORE moved that, when the Senate adjourns today, it stand adjourned to meet Monday, April 20, 1992, at 11:00 A.M. for local and uncontested matters; and that, when the Senate adjourns on Monday, it stand adjourned to meet in statewide session on Tuesday, April 21, 1992, at 12:00 Noon, which motion was adopted.
At 12:34 A.M., on motion of Senator WILLIAMS, the Senate adjourned to meet next Monday, April 20, 1992, at 11:00 A.M.
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