The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3824 -- Reps. Baxley, Keyserling, Martin, Thomas, Harrison, Shissias, Stuart, Moody-Lawrence, T. Brown, Wright, Riser, Harvin and McTeer: A BILL TO AMEND SECTION 56-3-4510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR THE NONGAME WILDLIFE AND NATURAL AREAS FUND, SO AS TO REVISE THE ANNUAL FEE FOR THE PLATES.
Referred to Committee on Education and Public Works.
H. 3825 -- Reps. Rice, Herdklotz, Bailey, Cromer, Sheheen, Cato and Mason: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-23-65 SO AS TO PROHIBIT A LICENSED DRIVER TRAINING SCHOOL OR ANY OTHER ENTITY CONDUCTING DRIVER TRAINING WHICH IS NOT REQUIRED TO BE LICENSED FROM CONDUCTING ON-THE-ROAD TRAINING OF ITS ENROLLEES WITHIN A ONE MILE RADIUS OF A BUILDING FROM WHICH DRIVER'S LICENSE ROAD TESTS ARE CONDUCTED OR WITHIN A ONE MILE RADIUS OF ANY PART OF THE ROAD TEST COURSE USED BY STATE DRIVER'S LICENSE EXAMINERS.
Referred to Committee on Education and Public Works.
H. 3826 -- Reps. Carnell, McAbee, Boan, Hallman and Keegan: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE JOHN DE LA HOWE SCHOOL.
On motion of Rep. CARNELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3827 -- Rep. Cato: A BILL TO AMEND SECTION 38-73-1425, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FINAL RATE OR PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT BEGINNING JANUARY 1, 1996, AND ANNUALLY THEREAFTER, THE FINAL RATE OR PREMIUM CHARGE FOR A
Referred to Committee on Labor, Commerce and Industry.
S. 97 -- Senators Hayes, Elliott, Giese and Wilson: A BILL TO AMEND SECTION 16-13-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO RETURN RENTED OBJECTS AND FRAUDULENT APPROPRIATION OF THE SAME, SO AS TO, AMONG OTHER THINGS, ESTABLISH CERTAIN NEW MISDEMEANOR OFFENSES, INCLUDING THAT OF WILFUL AND FRAUDULENT FAILURE TO RETURN A MOTOR VEHICLE FOR MORE THAN ONE WEEK AFTER THE LEASE OR RENTAL AGREEMENT HAS EXPIRED, AND PROVIDE PENALTIES.
Referred to Committee on Judiciary.
The roll call of the House of Representatives was taken resulting as
follows.
Allison Anderson Askins Bailey Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Cain Canty Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer
Dantzler Delleney Easterday Elliott Fair Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harwell Haskins Herdklotz Hines Hodges Howard Huff Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Mason McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Wright Young, A. Young, J.STATEMENT OF ATTENDANCE I came in after the roll call and was present for the Session on Tuesday, March 21. Charles R. Sharpe John G. Felder Harold G. Worley Richard M. Quinn, Jr. Jackson S. Whipper C. Alex Harvin, III Joseph T. McElveen, Jr.
The SPEAKER granted Rep. JASKWHICH a leave of absence for the week.
Announcement was made that Dr. Gene F. Dickerson of Sumter is the Doctor of the Day for the General Assembly.
The following Bill was taken up.
S. 48 -- Senators Leatherman, Wilson, Leventis, Rankin, Elliott, Rose and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE THAT THE PRINCIPAL AMOUNT OF A LEASE PURCHASE OR FINANCING AGREEMENT IS SUBJECT TO THE CONSTITUTIONAL DEBT LIMIT FOR POLITICAL SUBDIVISIONS AND THAT PAYMENTS MADE BY THE STATE UNDER SUCH AN AGREEMENT ARE DEEMED GENERAL OBLIGATION DEBT SERVICE FOR PURPOSES OF THE CONSTITUTIONAL DEBT SERVICE LIMIT ON THE STATE, TO PROVIDE THAT THE CALCULATION OF THE LIMITATION ON GENERAL OBLIGATION BONDED INDEBTEDNESS FOR FUTURE GENERAL OBLIGATION BOND ISSUES MUST INCLUDE THE PRINCIPAL BALANCE OF ANY OUTSTANDING FINANCING AGREEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-17-120 SO AS TO PROVIDE THAT SCHOOL BONDS CALLED BEFORE MATURITY MAY BE REISSUED ONLY IF THE PAYOFF AMOUNT AND THE AMOUNT NECESSARY TO SERVICE THE REISSUED BONDS DOES NOT INCREASE BY MORE THAN EIGHT PERCENT IN A YEAR THE DEBT SERVICE ON THE ORIGINAL BONDED INDEBTEDNESS AND DOES NOT EXCEED THE DISTRICT'S DEBT LIMIT.
Rep. H. BROWN moved to commit the Bill to the Committee on Ways and Means, which was agreed to.
The following Bill was taken up.
H. 3775 -- Reps. H. Brown, Wofford, Williams, Law and Dantzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1275 SO AS TO ALLOW CREDITS
Rep. H. BROWN proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\GJK\21576SD.95), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2, and inserting:
/SECTION 2. Section 4-29-67 of the 1976 Code, as last amended by Act 497 of 1994, is further amended by adding at the end:
"(AA) (1) Notwithstanding any other provision of this section, in the case of a qualified recycling facility the annual fee is available for no more than thirty years, and for those projects constructed or placed in service during more than one year, the annual fee is available for a maximum of thirty-seven years.
(2) Notwithstanding any other provision of this section, for a qualified recycling facility, the assessment ratio may not be less than three percent.
(3) Any machinery and equipment foundations, port facilities, or railroad
track systems used, or to be used, for a qualified recycling facility is
considered tangible personal property.
(5) For purposes of any fees that may be due on undeveloped property for which title has been transferred to the county by or for the owner or operator of a qualified recycling facility, the assessment ratio is three percent.
(6) Notwithstanding subsection (D)(2)(b) of this section, in the case of a qualified recycling facility, net present value calculations performed under the subsection must use a discount rate equivalent to the yield in effect for new or existing United States Treasury bonds of similar maturity as published on any day selected by the investor during the year in which assets are placed into service or in which the inducement agreement is executed.
(7) As used in this subsection, `qualified recycling facility' and `investment' have the meaning provided in Section 12-7-1275(A)."/
Amend the bill further, as and if amended, by striking SECTION 3 and inserting:
/SECTION 3. Section 12-7-1200 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:
"( ) Notwithstanding the provisions of this section, a taxpayer who is constructing or operating a qualified recycling facility as defined in Section 12-7-1275(A) may petition the department for the use of separate accounting with respect to all or any part of the taxpayer's or taxpayer's subsidiaries' business activities or for the use of any other method to determine the taxpayer's or taxpayer's subsidiaries' taxable income. The department shall forward the petition with its comments concerning the economic impact of the suggested method to the Advisory Coordinating Council for Economic Development. The department may approve the petition upon certification of the Advisory Coordinating Council for Economic Development that the benefits to the public exceed the costs to the public."/
Amend the bill further, as and if amended, by striking SECTION 5 and inserting:
/SECTION 5. A taxpayer who is constructing or operating a qualified recycling facility as defined in Section 12-7-1275 shall be entitled to credits in the amount of all funds collected as permitted in Section 12-10-80, which credits can be used to reduce the taxpayer's corporate income tax imposed by Section 12-7-230, sales or use tax imposed by the State or any political subdivision of the State, corporate license fees imposed by Section 12-19-70 or any tax similar to these taxes. Any
SECTION 6. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3606 -- Rep. Richardson: A BILL TO AMEND SECTION 27-32-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF VACATION TIME SHARING PLAN, SO AS TO REVISE THE DEFINITION OF VACATION TIME SHARING OWNERSHIP PLAN TO, AMONG OTHER THINGS, PROVIDE THAT SUCH A PLAN IS AN INTEREST IN SUCH PROPERTY, TO ALLOW SUCH A PLAN TO BE CREATED IN A CONDOMINIUM ESTABLISHED FOR A TERM OF YEARS IN LEASEHOLD INTEREST OF MORE THAN THIRTY YEARS, AND PROVIDE THAT ALL SUCH INTERESTS ARE RECOGNIZED AS INTERESTS IN REAL PROPERTY, AND TO REVISE THE DEFINITION OF VACATION TIME SHARING LEASE PLAN SO AS TO PROVIDE THAT THESE LEASES DO NOT CONVEY AN INTEREST IN REAL PROPERTY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5466HTC.95), which was adopted.
Amend the bill, as and if amended, in Section 27-32-10(7), as contained in Section 1, page 1, lines 34 and 41 by striking /of/ and inserting /for/ so that when amended item (7) reads:
/(7) `Vacation time sharing ownership plan' means any arrangement, plan or similar devise, whether by tenancy in common, sale, term for years, deed, or by other means, which is subject to supplemental agreement or contract for use of the time share unit, whereby the purchaser receives an undivided ownership interest in real property and the right to use accommodations or facilities, or both, for a specific period
Amend title to conform.
Rep. JENNINGS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3639 -- Reps. Harrison, Jennings, Harwell, Shissias, Klauber and Knotts: 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 IN DOMESTIC MATTERS, SO AS TO PERMIT COURT-MANDATED MEDIATION AS WELL AS CONSENSUAL MEDIATION IN THE FAMILY COURTS.
Rep. JENNINGS explained the Bill.
Rep. HARRISON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3578 -- Reps. Wilkins, McMahand, Tripp, Haskins, Walker, Littlejohn, Allison, Rice, Easterday, D. Smith, Davenport, Jaskwhich, Herdklotz, Wells, Lanford, Cato and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 5-3-15 AND 55-11-185 SO AS TO PROVIDE THAT THE REAL PROPERTY OWNED BY AN AIRPORT DISTRICT