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I came in after the roll call and was present for the Session on Tuesday, May 17.

Michael F. Jaskwhich     James L.M. Cromer, Jr.
Toney L. Farr            Daniel T. Cooper
Teddy N. Trotter         B. Hicks Harwell
Timothy F. Rogers        James S. Klauber
F.G. "Greg" Delleney, Jr.   Grady A. Brown
David H. Wilkins         William S. Houck, Jr.
Jerry N. Govan, Jr.      Larry L. Elliott
June S. Shissias         Becky Meacham
Ralph W. Canty           Marion H. Kinon

Marion P. Carnell        Stephen E. Gonzales
C. Lenoir Sturkie        H. Howell Clyborne, Jr.
Dell Baker

The SPEAKER granted Reps. GRAHAM and KEYSERLING a leave of absence for the day.

Rep. KOON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, April 28.

Announcement was made that Dr. March Seabrook of West Columbia is the Doctor of the Day for the General Assembly.

Rep. BOAN moved to adjourn debate upon the following Bill until Wednesday, May 18, which was adopted.

S. 1403 -- Senator Gregory: A BILL TO PROHIBIT THE CITY OF LANCASTER FROM DISCONTINUING SEWER SERVICE TO A PERSON WHO CHOOSES TO DISCONNECT FROM THAT MUNICIPALITY'S WATER SYSTEM AND PROHIBIT THE CITY OF LANCASTER FROM CHARGING AN ASSESSMENT OR FEE TO FORMER CUSTOMERS LOCATED OUTSIDE ITS CORPORATE LIMITS; AND TO EXEMPT FROM REGULATION GROUNDWATER WELLS LOCATED OUTSIDE OF THE CITY OF LANCASTER FOR USE AS A PERSON'S ONLY SOURCE OF WATER.

The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

S. 178 -- Senator Drummond: A BILL TO AMEND SECTIONS 4-29-140, 44-7-1590, 48-3-140, AND 58-19-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE BY

The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.

H. 5148 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM - WRITING TEST: MINIMUM STANDARDS OF STUDENT ACHIEVEMENT; SCORING CRITERIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1753, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5149 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, GRADES 9-12, PROVISIONS FOR GRANTING HIGH SCHOOL CREDIT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1754, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5150 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO OUTDOOR ADVERTISING AND THE HIGHWAY ADVERTISING CONTROL ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1764, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5151 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO SPECIFIC INFORMATION SERVICE SIGNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1767, PURSUANT TO THE

H. 3840 -- Reps. Kennedy, Jaskwhich and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-25 SO AS TO PROVIDE THAT A PERSON WHO WAS EMPLOYED AND CERTIFIED AS A TEACHER IN THE PUBLIC SCHOOLS OF THIS STATE AT THE TIME OF HIS RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM MAY RETURN TO COVERED EMPLOYMENT UNDER CERTAIN CONDITIONS WHETHER OR NOT HIS TEACHING CERTIFICATE HAS BEEN RENEWED.

H. 4142 -- Reps. Quinn, Wright and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 25, TITLE 50, SO AS TO PROVIDE FOR RESTRICTIONS, NO WAKE ZONES, PENALTIES, AND FINE DISBURSEMENTS FOR WATERCRAFT ON LAKE MURRAY.

H. 5084 -- Reps. Wilkins and McTeer: A BILL TO AMEND SECTION 3-1-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGREEMENTS AND RELATIONS WITH THE UNITED STATES GOVERNMENT, JURISDICTION OVER LANDS ACQUIRED BY THE UNITED STATES, AND SERVICE OF PROCESS, SO AS TO PROVIDE FOR CONCURRENT JURISDICTION IN AND OVER LAND ACQUIRED BY THE UNITED STATES, AS AN ALTERNATIVE TO THE ALREADY-EXISTING EXCLUSIVE JURISDICTION.

The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:

S. 712 -- Senator Hayes: A BILL TO AMEND SECTION 43-45-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMUNITY ECONOMIC OPPORTUNITY ACT OF 1983, ADMINISTERING AGENCY, AND DUTIES AND FUNCTIONS, SO AS TO DELETE THE PROVISIONS RELATING TO THE DUTY OF PRESCRIBING THE PERSONNEL PROCEDURES AND FINANCIAL SYSTEMS UNDER WHICH EACH COMMUNITY-BASED ORGANIZATION RECEIVING FUNDS UNDER CHAPTER 45 OF

Rep. BOAN explained the Bill.

H. 5028 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 20-7-5910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO ADD A FORENSIC PATHOLOGIST AND TWO MEMBERS AT LARGE; TO AMEND SECTION 20-7-5915, RELATING TO DUTIES OF THE STATE LAW ENFORCEMENT DIVISION, DEPARTMENT OF CHILD FATALITIES, SO AS TO PROVIDE THAT AN AUTOPSY MUST BE PERFORMED BY A PATHOLOGIST WITH FORENSIC TRAINING RATHER THAN BY A FORENSIC PATHOLOGIST; AND TO AMEND SECTION 17-5-275, RELATING TO AN INSPECTION OF A HOME IN WHICH A CHILD FATALITY OCCURRED SO AS TO PROVIDE THAT THE PETITION MAY BE MADE TO AND AN INSPECTION WARRANT ISSUED BY A LOCAL MAGISTRATE RATHER THAN THE CIRCUIT COURT.

Rep. COBB-HUNTER explained the Bill.

S. 1308 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO FAILURE TO APPEAR AT HEARINGS BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD, DESIGNATED AS REGULATION DOCUMENT NUMBER 1743, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. M.O. ALEXANDER explained the Joint Resolution.

The following Bill was taken up.

S. 73 -- Senator Rose: A BILL TO AMEND CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 SO AS TO ALLOW THE QUALIFIED ELECTORS OF A COUNTY WITHOUT A RECREATION DISTRICT TO CREATE A RECREATION DISTRICT, TO AUTHORIZE THE MAXIMUM TAX MILLAGE FOR THE OPERATION OF THE DISTRICT, AND TO

Reps. KELLEY, KEEGAN, GONZALES and WITHERSPOON proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\6066HTC.94), which was adopted.

Amend the bill, as and if amended, beginning on page 3, by striking Section 4-20-30(B) and inserting:

/(B) No community recreation special tax district may be established which includes within the area of the district any part or all of an incorporated municipality unless the governing body of the affected municipality has by formal action concurred with the inclusion of that part of the municipality within the area of the community recreation special tax district, and provided written notice of that concurrence to county council./

Amend further, page 5, Section 4-20-70, line 14, by inserting after /district/ /no such increase or decrease of boundaries of a district which after the increase or decrease will include any area within an incorporated municipality shall be effective unless the municipal governing body has by formal action concurred in the increase or decrease and provided written notice of its concurrence to the county council/

Amend title to conform.

Rep. KELLEY explained the amendment.

The amendment was then adopted.

Rep. MARTIN proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\PT\1290DW.94), which was ruled out of order.

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

/SECTION . (A) In furtherance of the powers granted to the counties of this State pursuant to the provisions of Section 4-9-30, and Section 6-21-10 et seq., of the 1976 Code, each of the counties of this State is authorized, following the public hearing and referendum required in this section to establish transportation authorities to finance the cost of acquiring, constructing, equipping and operating highways, roads, streets and bridges, either alone or in partnership with the South Carolina Department of Transportation.

Section 4-37-10. (A) Subject to requirements of this chapter and the referendum described in Section 4-37-30, the governing body of a county may by ordinance establish a transportation authority with all of the rights and powers described in Section 4-37-20. If a county chooses to finance the cost of highways, roads, streets and bridges alone, the members of the authority board must be appointed by the county governing body in such manner as it determines.

(B) If a county chooses to enter into a partnership with the South Carolina Department of Transportation, the South Carolina Highway Commission shall have designated appointees on the authority board as provided in an intergovernmental agreement to be entered into by the partners.

Section 4-37-20. The board of the authority has all the rights and powers of a public body, politic and corporate of this State including, without limitation, all the rights and powers necessary or convenient to manage the business and affairs of the authority and to take action as it may consider advisable, necessary or convenient in carrying out its powers including, but not limited to, the following rights and powers:

(1) to have perpetual succession;

(2) to sue and be sued;

(3) to adopt, use and alter a seal;

(4) to make and amend bylaws for regulation of its affairs consistent with the provisions of this chapter;

(5) to acquire, purchase, hold, use, improve, lease, mortgage, pledge, sell, transfer, and dispose of any property, real, personal, or mixed, or any interest in any property, or revenues of the authority as security for notes, bonds, evidences of indebtedness or other obligations of the authority;

(6) to borrow money, make and issue notes, bonds and other evidences of indebtedness; to secure the payment of the obligations or any part by mortgage, lien, pledge, or deed of trust, on any of its property, contracts, franchises or revenues;

(7) to make contracts, including service contracts with a person, corporation or partnership including, without limitation, the South Carolina Department of Transportation, to provide the facilities and services provided herein;

(8) to exercise the powers of eminent domain; and

Section 4-37-30. Counties establishing an authority are empowered to impose one or both of the following sources of revenue:

(A) Subject to the requirements of this section, the governing body of a county may by ordinance impose a one percent sales and use tax within its jurisdiction for a specific purpose and for a specific period of time to collect a limited amount of money.

(1) The governing body of a county may vote to impose the tax authorized by this section, subject to a referendum, by enacting an ordinance. The ordinance must specify:

(a) the purpose for which the proceeds of the tax is to be used, which may include projects located within or without, or both within and without, the boundaries of the county imposing the tax and which may include:

(i) highways, roads, streets, and bridges;

(ii) jointly operated projects of the county and the South Carolina Department of Transportation;

(b) the maximum time, stated in calendar years or calendar quarters, or a combination of them, not to exceed 25 years, for which the tax may be imposed; and

(c) the maximum cost of the project or facilities to be funded in whole or in part from proceeds of the tax and the maximum amount of net proceeds to be raised by the tax.

(2) Upon receipt of the ordinance, the county election commission shall conduct a referendum on the question of imposing the optional special sales and use tax in the jurisdiction. The referendum must be held on the Tuesday following the first Monday in November. The commission shall cause the date and purpose of the referendum to be published once a week for four consecutive weeks immediately preceding the date of the referendum, in a newspaper of general circulation in the jurisdiction. A public hearing must be conducted at least fourteen days prior to the referendum, after publication of a notice setting forth the date, time, and location of the public hearing. The notice shall be published in a newspaper of general circulation in the county at least fourteen days prior to the date fixed for the public hearing.

(3) A separate question must be included on the referendum ballot for each purpose and the question must read substantially as follows: `Must a special one percent sales and use tax be imposed in (county) for not more than (time) to raise the amounts specified for the following purposes:

Yes _______

No _______

(2) etc.'

In addition, if the county seeks to pledge revenues from the optional special sales and use tax to the repayment of general obligation bonds to be issued for projects authorized herein, there shall be an additional referendum question on the authorization of such bonds so that the exemption provided in Article X, Section 14(6) of the South Carolina Constitution may be made applicable.

(4) All qualified electors desiring to vote in favor of imposing the tax for a particular purpose shall vote `yes' and all qualified electors opposed to levying the tax for a particular purpose shall vote `no'. If a majority of the votes cast are in favor of imposing the tax for one or more of the specified purposes, then the tax is imposed as provided in this section; otherwise, the tax is not imposed. A subsequent referendum on this question must not be held more than once in twelve months. The election commission shall conduct the referendum under the election laws of this State, mutatis mutandis, and shall certify the result no later than December thirty-first to the appropriate governing body and to the Department of Revenue and Taxation. Included in the certification must be the total of the project costs receiving a favorable vote. Expenses of the referendum must be paid by the jurisdiction conducting the referendum. If the tax is approved in the referendum, the tax is imposed on May first following the date of the referendum. If the certification is not timely made to the Department of Revenue and Taxation, the imposition is postponed for twelve months.

(5) The tax terminates on the earlier of:

(a) the final day of the maximum time specified for the imposition; or

(b) the end of the calendar month during which the Department of Revenue and Taxation determines that the tax has raised revenues sufficient to provide the county net proceeds equal to or greater than the amount specified as the amount to be raised by the tax.

(6) When the optional sales and use tax is imposed for more than one purpose, the governing body of the jurisdiction authorizing the referendum for the tax shall determine the priority for the expenditure of the net proceeds of the tax for the purposes stated in the referendum.

(7) Amounts collected in excess of the required proceeds must first be applied, if necessary, to complete a project for which the tax was

(8) The tax levied pursuant to this section must be administered and collected by the Department of Revenue and Taxation in the same manner that other sales and use taxes are collected. The department may prescribe the amounts which may be added to the sales price because of the tax.

(9) The tax authorized by this section is in addition to all other local sales and use taxes and applies to the gross proceeds of sales in the applicable jurisdiction which are subject to the tax imposed by Chapter 36 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The gross proceeds of the sale of items subject to a maximum tax in Chapter 36 of Title 12 are exempt from the tax imposed by this section. The gross proceeds of the sale of food which may lawfully be purchased with United States Department of Agriculture food stamps is exempt from the tax imposed by this section. The tax imposed by this section also applies to tangible personal property subject to the use tax in Article 13, Chapter 36 of Title 12.

(10) Taxpayers required to remit taxes under Article 13, Chapter 36 of Title 12 shall identify the county in which the tangible personal property purchased at retail is stored, used, or consumed in this State.

(11) Utilities are required to report sales in the county in which consumption of the tangible personal property occurs.

(12) A taxpayer subject to the tax imposed by Section 12-36-920, who owns or manages rental units in more than one county shall separately report in his sales tax return the total gross proceeds from business done in each county.

(13) The gross proceeds of sales of tangible personal property delivered after the imposition date of the tax levied under this section in a county, either under the terms of a construction contract executed before the imposition date, or a written bid submitted before the imposition date, culminating in a construction contract entered into before or after the imposition date, are exempt from the special local sales and use tax provided in this section if a verified copy of the contract is filed with the Department of Revenue and Taxation within six months after the imposition of the special local sales and use tax.

(14) Notwithstanding the imposition date of the special local sales and use tax authorized pursuant to this section, with respect to services that are regularly billed on a monthly basis, the special local sales and use tax is imposed beginning on the first day of the billing period beginning on or after the imposition date.

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