Printed Page 5680, May 10
| Printed Page 5700, May 10
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Printed Page 5680, May 10
| Printed Page 5700, May 10
| Announcement was made that Dr. Gaston G. Machado of Aiken is the Doctor of the Day for the General Assembly.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4093 -- Reps. Harwell, G. Bailey, Sharpe, Kinon, Spearman and Jennings: A BILL TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' CIVIL JURISDICTION IN CERTAIN CASES, SO AS TO INCREASE THIS JURISDICTION FROM TWO THOUSAND FIVE HUNDRED DOLLARS TO FIVE THOUSAND DOLLARS.
H. 4346 -- Rep. Neilson: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER JOINT CUSTODY.
H. 4767 -- Reps. Neilson, Rogers, Whipper, Hallman, Gonzales, Sturkie, Quinn, Littlejohn, Govan, McKay, Hines, McCraw, Fulmer, Cobb-Hunter, J. Bailey, G. Bailey, Walker, J. Harris, Beatty, Phillips, Vaughn, Davenport, Rudnick, Richardson, Canty, D. Wilder, Stille, Spearman, Thomas, Breeland, Scott, Moody-Lawrence, Inabinett, Riser, Waites, Koon, Harrison and Corning: A BILL TO AMEND SECTION 20-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS AND DUTIES OF PARENTS IN REGARD TO THEIR MINOR CHILDREN, SO AS TO PROVIDE THAT PARENTS HAVE EQUAL ACCESS TO EDUCATIONAL AND MEDICAL RECORDS OF THEIR MINOR CHILDREN.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 872 -- Senators Moore, Leventis, Greg Smith, Short and Mescher: A BILL TO AMEND SECTION 20-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 907 -- Senators Passailaigue, McConnell and Giese: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY AUTHORITY TO LEVY BUSINESS LICENSE TAXES ON INSURANCE COMPANIES SO AS TO EXPRESSLY PROHIBIT COUNTIES FROM LEVYING BUSINESS LICENSE TAXES ON INSURANCE COMPANIES.
S. 1189 -- Senators Elliott, Rankin, Courtney, Reese, Waldrep, Short, Peeler, McGill, Glover, Lander, Mescher, Washington, Holland, Drummond, O'Dell, Russell, Giese and Leventis: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS, BY ADDING CHAPTER 46 SO AS TO ENACT THE "TELEPHONE COOPERATIVE ACT"; AND TO AMEND SECTION 33-45-20, RELATING TO COOPERATIVE ASSOCIATIONS AND RESTRICTIONS ON USE OF THE TERM "COOPERATIVE", SO AS TO PERMIT THE USE OF THAT TERM BY CORPORATIONS AS PART OF THEIR CORPORATE OR OTHER BUSINESS NAME OR TITLE IF SUCH CORPORATIONS ARE INCORPORATED UNDER CHAPTER 46 OF TITLE 33.
S. 1287 -- Senators Richter and Stilwell: A BILL TO AMEND SECTION 43-35-55, AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT
OFFICERS TAKING VULNERABLE ADULTS IN A LIFE THREATENING SITUATION INTO
PROTECTIVE CUSTODY, SO AS TO TRANSFER THE DUTIES IMPOSED BY THIS SECTION UPON
THE CIRCUIT SOLICITOR TO THE DEPARTMENT OF SOCIAL SERVICES.
Rep. D. SMITH moved to adjourn debate upon the following Bill until Wednesday, May 11, which was adopted.
H. 5086 -- Reps. D. Smith and Tucker: A BILL TO AMEND SECTION 59-47-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE PERSONS WHO MUST BE ADMITTED TO RECEIVE SERVICES FROM THE SCHOOL FOR THE DEAF AND BLIND, SO AS TO INCLUDE HARD OF HEARING AND VISUALLY IMPAIRED PERSONS
Rep. HODGES moved to adjourn debate upon the following Joint Resolution until Wednesday, May 11, which was adopted.
H. 4402 -- Reps. Thomas, Rudnick and Keyserling: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO DELETE DETAILED REQUIREMENTS FOR THE REGULATION OF ALCOHOLIC LIQUORS AND BEVERAGES AND AUTHORIZE THE GENERAL ASSEMBLY TO REGULATE THEIR CONSUMPTION.
The following Bill was taken up.
S. 992 -- Senator Land: A BILL TO AMEND SECTION 50-9-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POINT SYSTEM FOR SUSPENDING HUNTING AND FISHING PRIVILEGES, SO AS TO PROVIDE FOR AN ADDITIONAL HUNTING VIOLATION PERTAINING TO RACCOONS; TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO THE HUNTING SEASONS FOR SMALL GAME, SO AS TO REVISE THE SEASON FOR RACCOON AND OPOSSUM IN GAME ZONE 9; TO AMEND SECTION 50-11-140, AS AMENDED, RELATING TO REQUIREMENTS FOR HUNTING RACCOONS AND OPOSSUMS, SO AS TO INCLUDE FOX AND PROVIDE FOR ADDITIONAL REQUIREMENTS AND PENALTIES; AND TO AMEND SECTION 50-11-2500, AS AMENDED, RELATING TO
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7820BDW.94).
Amend the bill, as and if amended, by striking Section 50-11-140, page 3, beginning on line 29, and inserting:
/Section 50-11-140. During any a period in which raccoons, and opossums, or fox are allowed to be hunted without firearms weapons, it is unlawful to take, attempt to take, or hunt such game the animals when carrying on one's person or in one's vehicle any a firearm, saw, ax, artificial calling device, or tree-climbing device. Mouth-operated calling devices may be used in field trials as provided by the department./
Amend further by deleting SECTION 4, page 4, beginning on line 1.
Renumber sections to conform.
Amend title to conform.
Rep. RHOAD explained the amendment and moved to adjourn debate upon the Bill until Wednesday, May 11, which was adopted.
The following Bill was taken up.
S. 443 -- Senators Richter, Rose, Giese and Reese: A BILL TO AMEND SECTION 30-4-40(a)(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN MATTERS DECLARED EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT INFORMATION CONTAINED IN PUBLIC DOCUMENTS OR RECORDS OF A PERSONAL NATURE MAY NOT BE DISCLOSED FOR COMMERCIAL SOLICITATION.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, May 5, by the Committee on Judiciary.
Rep. HODGES explained the amendment.
The amendment was then adopted.
The following Bill was taken up.
H. 4973 -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-935 SO AS TO PROVIDE REQUIREMENTS FOR CONSUMER LEASES FOR AUTOMOBILES.
Rep. T.C. ALEXANDER moved to recommit the Bill to the Committee on Labor, Commerce and Industry, which was agreed to.
The following Bill was taken up.
S. 674 -- Senator Land: A BILL TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF GROSS PROCEEDS OF SALES FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO PROVIDE THAT GROSS PROCEEDS DO NOT INCLUDE THAT PORTION OF A CHARGE SUBJECT TO AND USE TAX ATTRIBUTABLE TO THE COST SET BY STATUTE FOR A GOVERNMENTAL LICENSE OR PERMIT.
Reps. BAXLEY, HINES and NEILSON proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20827SD.94), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered subsection to read:
"( ) solid waste disposal collection bags required pursuant to the solid waste disposal plan of a county or other political subdivision if the plan requires the purchase of a specifically designated containment bag for solid waste disposal;"/
Renumber sections to conform.
Amend totals and title to conform.
Rep. BAXLEY explained the amendment.
Rep. BOAN moved to table the amendment.
Those who voted in the affirmative are:
Alexander, M.O. Boan Brown, H. Holt Keyserling Kirsh Mattos Rhoad Riser Sheheen
Those who voted in the negative are:
Alexander, T.C. Anderson Askins Bailey, G. Baker Barber Baxley Breeland Brown, G. Brown, J. Byrd Carnell Cato Chamblee Cobb-Hunter Corning Davenport Delleney Fair Felder Fulmer Gamble Gonzales Hallman Harrell Harrelson Harris, J. Harrison Harwell Haskins Hines Hodges Huff Hutson Inabinett Jaskwhich Keegan Kelley Kennedy Klauber Koon Lanford Law Marchbanks Martin McAbee McCraw McKay McTeer Meacham Moody-Lawrence Neal Neilson Phillips Richardson Robinson Rudnick Scott Shissias Simrill Smith, D. Smith, R. Snow Spearman Stone Stuart Sturkie Trotter Vaughn Waites Wells Whipper White Wilder, D. Wilder, J. Wilkins Witherspoon Wofford
Worley Wright Young, A. Young, R.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Reps. KOON and STURKIE proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\20828SD.94), which was ruled out of order.
Amend the bill, as and if amended, by adding the appropriately numbered SECTIONS to read:
/SECTION . Chapter 36, Title 12 of the 1976 Code is amended by adding:
Section 12-36-1010. This article may be cited as the Property Tax Relief Sales Tax Act.
Section 12-36-1020. An additional tax equal to two percent is added to the taxes imposed pursuant to Articles 9, 13, and 17 of this chapter. For all purposes of this title, this additional tax is considered a tax levied pursuant to the South Carolina Sales and Use Tax Act. The department shall prescribe tables establishing the total amount that may be added to the sales price to reflect all tax levied pursuant to this chapter.
Section 12-36-1030. (A) Notwithstanding any other provision of this chapter providing for the distribution of sales, use, and casual excise tax revenues, beginning July 1, 1995, the revenue from the taxes imposed by this chapter in a fiscal year must be credited to a separate fund in the State Treasury entitled the Property Tax Relief Fund.
(B) The State Treasurer shall first use the proceeds of the Property Tax Relief Fund to pay the current interest and principal on general obligation bonds and lease payments on certificates of participation in lease-purchase agreements of all school districts of the State outstanding as of July 1, 1995.
(C) (1) After deduction of amounts paid pursuant to subsection (B), the State Treasurer shall next distribute revenues in the Property Tax Relief Fund quarterly to the several school districts in the manner and in
(2) A school district shall receive each year from the Property Tax Relief Fund an amount not less than the district's ad valorem tax revenues for property tax year 1994. Beginning with revenues credited to the fund in fiscal year 1996-97, the amount distributed each year to a school district under this item must be adjusted by a percentage equal to any consumer price index increase in the twelve months ending on December thirty-first of the preceding year and adjusted to reflect any required increases in local effort under the Education Improvement Act and the Education Finance Act.
(D) Sales, use, and casual excise tax revenues not credited to the Property Tax Relief Fund must be distributed for the purposes and in the proportions applicable for the distribution of such revenues in fiscal year 1993-94.
(E) Any funds remaining in the Property Tax Relief Fund in any year after the required distributions to school districts as provided herein and after any other required distributions shall be deposited to the credit of the Education Improvement Act of 1984 Fund.
Section 12-36-1040. For property tax year 1995, the millage imposed by a school district is reduced by fifty percent over the millage rate imposed by the district in the prior tax year. After 1995 and until all outstanding general obligation bonds issued by a school district are repaid, no school district may impose a property tax except to avoid default on general obligation bonds of the district. When all outstanding general obligation bonds of a school district are repaid, no property tax may be levied by the school district for any purpose.
Section 12-36-1050. After June 30, 1995, no general obligation bonds of a school district may be issued pledging property tax revenues for repayment and no bonds of a school district pledging any Property Tax Relief Fund revenues for repayment may be issued without the prior permission of the State Budget and Control Board."
SECTION . Section 12-36-2110 of the 1976 Code, as amended by Section 3, Part III, Act 449 of 1992, is further amended to read:
"Section 12-36-2110. (A) The maximum tax imposed by this chapter is three hundred dollars for each sale made after June 30, 1984, or lease executed after August 31, 1985, of each:
(1) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;
(2) motor vehicle;
(4) boat;
(5) (2) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;
(3) commercial vehicles with a manufacturer's gross weight rating in excess of ten thousand pounds.
(6) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or
(7) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower.
In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals three hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days.
(B) For the sale of a manufactured home, as defined in Section 40-29-20, the tax is calculated as follows:
(1) subtract trade-in allowance from the sales price;
(2) multiply the result from (1) by sixty-five percent;
() if the result from (2) is no greater than six thousand dollars, multiply by five percent for the amount of tax due;
(4) if the result from (2) is greater than six thousand dollars, the tax due is three hundred dollars plus two percent of the amount greater than six thousand dollars.
However, a manufactured home that has not been previously occupied as a dwelling is exempt from any tax that may be due above three hundred dollars as a result of the calculation in subitem (4) if it meets these energy efficiency standards: storm or double pane glass windows, insulated or storm doors, an actual installed insulation value of R-11 for walls and R-19 for floors, and R-0 for ceilings. The dealer selling the manufactured home must maintain records, on forms provided by the State Energy Office, on each manufactured home sold which contains the above calculations and verifying whether or not the manufactured home met the energy efficiency standards above. These records must be maintained for three years and must be made available for inspection upon request of the Department of Consumer Affairs or the State Energy Office.
(1) boat;
(2) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel;
(3) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower;
(4) manufactured home,
(5) musical instrument, or
(6) item of machinery for research and development.
In the case of a lease of an item subject to the tax limit imposed by this subsection, the total tax rate required by law applies on each payment. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease.
(C) For the sale of each musical instrument, or each piece of office equipment, purchased by a religious organization exempt under Internal Revenue Code Section 501(c)(3), the maximum tax imposed by this chapter is three hundred dollars. The musical instrument or office equipment must be located on church property and used exclusively for the organizations exempt purpose. The religious organization must furnish to the seller an affidavit on forms prescribed by the commission. The affidavit must be retained by the seller.
(D) The maximum tax levied pursuant to this chapter on the sale or use of each item of machinery for research and development is three hundred dollars. As used in this subsection, "machinery for research and development" means machinery used directly and exclusively in research and development in the experimental or laboratory sense for new products, new uses for existing products, or for improving existing products. To be eligible for the limitation imposed by this subsection, the machinery must be located in a separate facility devoted exclusively to research and development as defined in this subsection. The limitation does not extend to machinery used in connection with efficiency surveys, management studies, consumer surveys, economic surveys, advertising, promotion, or research in connection with literary, historical, or similar projects."
SECTION . Section 12-36-2120 of the 1976 Code, as last amended by an Act of 1994 bearing ratification number 296, is further amended to read:
Printed Page 5680, May 10
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