Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Teach us, good Lord, to know ourselves; to rejoice in our strength, and to recognize and seek to overcome our weaknesses.
Teach us to better understand others, that we may view their shortcomings with charity, their virtues with appreciation, their accomplishments with thanksgiving.
Teach us to know our State that we may correct its faults and seek to make greater its virtues.
Make us to know the will of God that we may be instruments to put it in effect.
Bless all who labor in Government, in tasks great and small. Give to all a full measure of Your truths to guide our thinking and our actions, that when the day's work is over we may be worthy of Your "Well done."
Yours is the power and the glory, both now and always. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. COBB-HUNTER moved that when the House adjourns, it adjourn in memory of Listervelt Middleton of Blythewood, which was agreed to.
The following was received.
Columbia, S.C., April 10, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Giese, Reese and Fair of the Committee of Conference on the part of the Senate on S. 846:
S. 846 -- Senator Giese: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SOUTH CAROLINA OLYMPIC LICENSE PLATES.
Very respectfully,
President
Received as information.
April 10, 1996
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore submitted for your consideration.
Respectfully,
David M. Beasley
Governor
Initial Appointment, Georgetown County Master-in-Equity, with term to commence January 1, 1995, and to expire January 1, 2001:
Honorable Benjamin H. Culbertson, Post Office Box 943, Georgetown, S.C. 29442 VICE Jack Scoville
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
On motion of Rep. QUINN, with unanimous consent, the following were taken up for immediate consideration and accepted.
February 16, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
On behalf of the South Carolina Primary Care Association (SCPCA), it is a pleasure to extend to you, and your fellow House members, an invitation to attend a reception on Tuesday, May 7, 1996, from 6:00 P.M. to 8:00 P.M. in the Governor's Ballroom of the Capital City Club.
Our membership consists of Community, Migrant and Homeless Health Centers through-out the state. Collectively, these centers provide medical care to more than 100,000 South Carolinians. These centers are governed by a Board of Community representatives who will be present at this reception. We look forward to the opportunity to meet and greet the members of our State House of Representatives.
We have already been in contact with Ms. Colette Swan of your office to assure that the date of the reception is conducive to the House calendar. Individual invitations will be sent to each member several weeks prior to the reception.
If you have any questions, please feel free to contact either myself or Kathy Adams of my staff at (803) 738-9881.
Sincerely,
Lathran J. Woodard
Executive Director
February 21, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
Governor Beasley wishes to extend to members of the S.C. House of Representatives an invitation to the Governor's Annual Legislative Reception. This reception is scheduled for Wednesday, May 8, 1996, from 6:00 until 8:00 P.M. on the Mall of the Governor's Mansion.
Thank you for your assistance in this matter. Please let me know if I can be of help to you in any way.
Sincerely,
H. Howell Clyborne, Jr.
Deputy Chief of Staff
TO: Senate and House Representatives Invitations Committee
FROM: Edward Thompson, CLP
SCRPA President
DATE: March 7, 1996
SUBJECT: Legislative Drop-In
This memo is to confirm our invitation to the Senate and House of Representatives to our Legislative Drop-In at Finlay Park, Columbia, S.C. on May 14th from 5:30 P.M. to 7:00 P.M.
March 21, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
RE: Association of Citadel Men
1996 Legislative Barbecue
Dear Rep. Quinn:
The Governmental Affairs Committee of the Association of Citadel Men, on behalf of our Citadel alumni and friends of The Citadel, cordially extend an invitation to the members of the House of Representatives, their spouses and attaches to attend the Twenty-first Annual Association of Citadel Men Legislative Barbecue. This event is held to honor the members of the General Assembly, Constitutional Officers, Justices of the Supreme Court, Judges of the Court of Appeals and Judges of the Circuit Court.
The 1996 barbecue is scheduled for Wednesday, May 1, in the Cantey Building on the State Fair Grounds from 6:30 P.M. to 10:00 P.M. Dress will be casual. Everyone attending must be at least 21 years of age.
We would request that this invitation be extended to the members of the House of Representative by placing an announcement on the House Calendar. A formal invitation will be sent to you and to the members of the House about ten days prior to the barbecue.
Very truly yours,
Richard H. MacMillan, Jr.
Major General, USAR
President
The following was introduced:
H. 4951 -- Rep. Neal: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW AND DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND COUNTLESS FRIENDS OF A TRUE PUBLIC SERVANT, SECRETARY OF COMMERCE RONALD H. BROWN, ONE OF THE FINEST AND MOST DISTINGUISHED LEADERS IN OUR NATION'S HISTORY.
Whereas, Commerce Secretary Ronald H. Brown departed this life on Wednesday, April 3, 1996; and
Whereas, it was with the greatest sadness that all South Carolinians received the news of this great man's death; and
Whereas, born in Washington, the fifty-four year old grew up in a Harlem trademark, the Hotel Theresa, which his father managed; Secretary Brown's parents sent him to private schools in New York, then to Middlebury College in Vermont, and he graduated from St. John's Law School in New York, where one of his professors was Mario Cuomo; and
Whereas, Secretary Brown served his country as a captain in the United States Army in the 1960s; and
Whereas, Secretary Brown was a devoted husband to his wife of thirty-three years, Alma, and loving father to their children, Michael and Tracey, both of whom have pursued careers as outstanding attorneys; and
Whereas, he was a distinguished and brilliant attorney, with an excellent legal grasp of knowledge relating to policies and other important matters of the world; and
Whereas, Ron Brown was a tireless advocate for American business, the essence of leadership, a man who could walk into a room and almost instantly build partnership, camaraderie, and a sense of purpose; and
Whereas, anyone who has known him up close has a story about his ability to heal hurt feelings, bring warring sides together, and whose multiple talents will not be easily replaced; and
Whereas, from abroad, where Secretary Brown had traveled extensively representing the United States, world leaders sent their condolences and tributes which poured in from countries including Japan, South Korea, India, Pakistan, Canada, France, Germany, and Kenya; and
Whereas, business groups hailed Secretary Brown in promoting American products and services in the global marketplace; and
Whereas, Secretary Brown, along with the thirty-two fine American "Patriots" who died with him, are a painful loss to the United States and will not be easily replaced; and
Whereas, the United States has lost a distinguished, brilliant, and compassionate man in Secretary Ronald H. Brown, and we want the members of his family and his many friends to know that they are uppermost in our thoughts and prayers during this difficult time. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, are proud to have this opportunity to note the enormous achievements of the late Secretary Ronald H. Brown. History will record his outstanding achievements and lasting impact on our nation and the world.
Be it further resolved that a copy of this resolution be forwarded to the family of Secretary Ronald H. Brown.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4952 -- Rep. Hodges: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE A PORTION OF SOUTH CAROLINA HIGHWAY 160 IN LANCASTER COUNTY AS THE "JOHN D. PATTERSON MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1351 -- Senators Leventis, Moore, Alexander, Boan and Martin: A CONCURRENT RESOLUTION TO URGE THE U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA), IN ITS REVIEW OF THE NATIONAL AMBIENT AIR QUALITY STANDARD FOR OZONE, TO THOROUGHLY EXAMINE ALL ASPECTS OF THE STANDARD, INCLUDING RETAINING THE EXISTING .12 STANDARD WITH APPROPRIATE REVISIONS, AND CAREFULLY EVALUATE THE POTENTIAL INCREMENTAL HEALTH IMPACTS AND ECONOMIC CONSEQUENCES ON STATES, LOCALITIES, SMALL AND LARGE BUSINESS, AND INDIVIDUAL CITIZENS; TO URGE FURTHER THAT THE STANDARD CHOSEN BY EPA SHOULD BE REASONABLE AND ACHIEVABLE AND ANY CHANGES MUST BE LOOKED AT IN THEIR ENTIRETY; AND TO URGE FINALLY THAT EPA IDENTIFY ANY UNFUNDED MANDATES OR OTHER ADMINISTRATIVE BURDENS FOR STATE OR LOCAL GOVERNMENTS OR AGENCIES THAT WOULD DERIVE FROM CHANGES TO THE NATIONAL AMBIENT AIR QUALITY STANDARD FOR OZONE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1352 -- Senator Holland: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 34 FROM UNITED STATES HIGHWAY 1 AT CAMDEN TO THE LEE COUNTY LINE THE 34TH INFANTRY DIVISION OF WORLD WAR II MEMORIAL HIGHWAY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1353 -- Senators Washington, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep and Wilson: A CONCURRENT RESOLUTION TO COMMEMORATE THE LIFE, ACHIEVEMENTS, AND THE HUMAN SPIRIT OF SECRETARY RONALD H. BROWN, A MAGNIFICENT PERSON AND 30TH U.S. SECRETARY OF COMMERCE, AND TO REFLECT UPON WHAT SECRETARY BROWN MEANT TO HIS COUNTRY, THE PEOPLE OF THE UNITED STATES, AND THE WORLD.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
S. 128 -- Senator Rankin: A BILL TO AMEND SECTION 56-1-460 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WHILE LICENSE IS CANCELED, SUSPENDED, OR REVOKED, SO AS TO DECREASE THE PERIOD OF INCARCERATION FROM SIXTY TO THIRTY DAYS FOR A SECOND OFFENSE, WHEN THE SUSPENSION IS NOT PURSUANT TO SECTION 56-5-2990, RELATING TO SUSPENSIONS FOR DRIVING UNDER THE INFLUENCE.
Referred to Committee on Judiciary.
S. 1195 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION OF HIGHER EDUCATION IN SOUTH CAROLINA AND OF EACH TYPE OF PUBLIC INSTITUTION OF HIGHER LEARNING; TO AMEND SECTION 59-103-20, RELATING TO STUDIES OF INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THE COMMISSION SHALL BE RESPONSIBLE FOR A COORDINATED, EFFICIENT, AND RESPONSIVE HIGHER EDUCATION SYSTEM IN THIS STATE AND TO PROVIDE FOR THE RESPONSIBILITIES OF THE COMMISSION IN THIS REGARD; TO AMEND THE 1976 CODE BY ADDING SECTION 59-103-30 SO AS TO ESTABLISH CRITICAL SUCCESS FACTORS FOR ACADEMIC QUALITY IN THE INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND THE PERFORMANCE INDICATORS BY WHICH THESE SUCCESS FACTORS CAN BE MEASURED; TO AMEND SECTION 59-103-35, RELATING TO THE SUBMISSION OF THE BUDGETS OF PUBLIC INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND REVIEW OF THE PROGRAMS OF THESE INSTITUTIONS, SO AS TO REVISE THE MANNER IN WHICH THE PUBLIC HIGHER EDUCATION SYSTEM'S ANNUAL BUDGET REQUEST IS DETERMINED AND REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD TO AN INSTITUTION'S PROGRAMS; TO AMEND SECTION 59-103-45, RELATING TO THE DUTIES AND FUNCTIONS OF THE COMMISSION ON HIGHER EDUCATION, SO AS TO REQUIRE THE COMMISSION TO DEVELOP STANDARDS FOR AND MEASUREMENT MECHANISMS OF THESE PERFORMANCE INDICATORS, DIRECT THE COMMISSION TO BASE THE HIGHER EDUCATION FUNDING FORMULA ON AN INSTITUTION'S ACHIEVEMENT OF THESE STANDARDS, PERMIT THE COMMISSION TO REDUCE, EXPAND, OR CONSOLIDATE ANY INSTITUTION INCLUDING THOSE WHICH DO NOT MEET THE STANDARDS OF ACHIEVEMENT, AND BEGINNING JULY 1, 1999, TO CLOSE SUCH INSTITUTIONS WHICH DO NOT MEET THESE STANDARDS, REQUIRE THE COMMISSION TO REVIEW AND APPROVE EACH INSTITUTIONAL MISSION STATEMENT, AND ENSURE ACCESS AND EQUITY OPPORTUNITIES AT EACH INSTITUTION FOR ALL CITIZENS OF THIS STATE; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY BY THE COMMISSION, SO AS TO PROVIDE THAT AN INSTITUTION'S REQUEST FOR NEW OR EXPANDED PROGRAMS MUST BE APPROVED BY THE COMMISSION; BY ADDING SECTION 59-103-65 SO AS TO PROVIDE FOR THE MANNER IN WHICH AN INSTITUTION SHALL BE CLOSED IF AN INSTITUTION BEGINNING JULY 1, 1999, IS CLOSED BY THE COMMISSION; TO AMEND SECTION 59-103-110, RELATING TO APPROVAL OF NEW CONSTRUCTION AT PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO REVISE THE MANNER IN WHICH AN INSTITUTIONS' FACILITIES AND REAL PROPERTY ACQUISITIONS AND AUTHORIZATIONS ARE APPROVED; TO AMEND CHAPTER 104 OF TITLE 59, RELATING TO INITIATIVES FOR RESEARCH AND ACADEMIC EXCELLENCE, SO AS TO REVISE SUCH PROVISIONS TO INCORPORATE APPROPRIATE REFERENCES TO THE PERFORMANCE INDICATORS FOR ACADEMIC SUCCESS ABOVE-REFERENCED AND REFERENCES TO OTHER DUTIES AND FUNCTIONS CONFERRED ABOVE ON THE COMMISSION; AND TO AMEND SECTION 59-101-350, RELATING TO THE ANNUAL REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY BY THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE CONTENTS OF THIS REPORT AND WHAT INSTITUTIONS MUST SUBMIT TO THE COMMISSION FOR PURPOSES OF PREPARING THE REPORT.
Referred to Committee on Education and Public Works.
S. 1328 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO DESIGNATION OF PLANT PESTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1889, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. SHARPE, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 1345 -- Senator McConnell: A BILL TO AMEND SECTION 54-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE HUNLEY COMMISSION IS EXEMPT FROM THE STRICTURES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR PURPOSES OF THE HUNLEY PROJECT, AND TO PROVIDE THAT THE HUNLEY COMMISSION IS PROHIBITED FROM RELINQUISHING SOUTH CAROLINA'S CLAIM OF TITLE TO THE HUNLEY UNLESS PERPETUAL SITING OF THE SUBMARINE IN SOUTH CAROLINA IS ASSURED BY THE FEDERAL GOVERNMENT IN AN AGREEMENT.
Referred to Committee on Judiciary.
On motion of Rep. McELVEEN, with unanimous consent, the following was taken up for immediate consideration:
H. 4953 -- Rep. McElveen: A HOUSE RESOLUTION TO CONGRATULATE WILSON HALL VARSITY "LADY BARONS" GIRLS BASKETBALL TEAM OF SUMTER FOR WINNING THE 1995-96 STATE CHAMPIONSHIP AND EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE TEAM, COACHES, AND SCHOOL OFFICIALS ON WEDNESDAY, APRIL 17, 1996, AT A TIME TO BE DETERMINED BY THE SPEAKER.
Be it resolved by the House of Representatives:
That the Wilson Hall Varsity "Lady Barons" Girls Basketball Team, coaches, and school officials are extended the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Wednesday, April 17, 1996, for the purpose of being recognized and congratulated.
The Resolution was adopted.
On motion of Rep. WILKES, with unanimous consent, the following was taken up for immediate consideration:
H. 4954 -- Rep. Wilkes: A HOUSE RESOLUTION CONGRATULATING THE RICHARD WINN ACADEMY FOOTBALL TEAM ON WINNING THE 1995 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION REGION I-AA STATE CHAMPIONSHIP AND GRANTING THE TEAM, COACHES, AND SCHOOL OFFICIALS THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MAY 1, 1996, AT A TIME TO BE DETERMINED BY THE SPEAKER.
Whereas, the members of the House of Representatives were delighted to learn that the Richard Winn Academy Football Team has won the 1995 South Carolina Independent School Association Region I-AA State Championship; and
Whereas, the Richard Winn Academy Eagles finished the season with a perfect 13-0 record; and
Whereas, the team scored a total of 599 points (averaging over 47 points per game); and
Whereas, this impressive effort has earned the Eagles the No. 1 spot in the State by The State Newspaper; and
Whereas, the Richard Winn Academy's Head Football Coach David Porter and Assistant Coaches Sam Copeland, Todd Robinson, and Bill Melton guided the Eagles to the pinnacle of success during the 1995 season; and
Whereas, the students, teachers, and parents have demonstrated their unity by providing support and dedication to the Eagles; and
Whereas, the team members' hard work, persistence, and talent has clearly paid dividends for the Eagles by winning this prestigious championship; and
Whereas, the Richard Winn Academy's 1995 Football Team consisted of Brent Branham, Jonathan Collins, Tony Cooper, Joseph Cope, Stacey Davis, Julian Hamilton, Bob Harkins, Ben Hinnant, Charlie Hodges, Ken Hornsby, Travis Kingsmore, Paul Melton, Mack Miles, Tanner Pope, Ben Porter, Troy Porter, Joe Renwick, Travis Simpson, Martin Timms, Matthew Wagaman, Patrick Wagaman, Dennis Wilson, David Young, and Andy Zelnar; and
Whereas, by bringing home the school's first state championship crown in football, this team has brought great honor to Fairfield County and the State of South Carolina. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, congratulate the Richard Winn Academy Football Team upon winning the 1995 Region I-AA State Championship.
Be it further resolved that the team, coaches, and school officials be granted the privilege of the floor of the House of Representatives for the purpose of being recognized and congratulated on Wednesday, May 1, 1996, at a time to be determined by the Speaker.
Be it further resolved that a copy of this resolution be forwarded to Head Coach David Porter and Headmaster F. Carroll Taylor.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Bailey Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Cain Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Delleney Easterday Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Herdklotz Hines, J. Hines, M. Hodges Howard Hutson Jaskwhich Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Littlejohn Lloyd Loftis Marchbanks Mason McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Young Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, April 16.
H.B. Limehouse III Ronald P. Townsend Harry R. Askins Timothy F. Rogers G. Ralph Davenport, Jr. David A. Wright Larry L. Elliott William D. Keyserling Curtis B. Inabinett Jackson S. Whipper John G. Felder L. Morgan Martin Douglas Jennings, Jr. Ralph W. Canty Theodore A. Brown C. Alex Harvin III
LEAVES OF ABSENCE
The SPEAKER granted Reps. HASKINS and WHITE a leave of absence for the day.
Announcement was made that Dr. John Eady of Columbia is the Doctor of the Day for the General Assembly.
The following Bill was taken up.
H. 4808 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-2025 SO AS TO PROVIDE THAT THE BOARD OF DIRECTORS OF THE SPARTANBURG COUNTY REGIONAL MEDICAL CENTER MUST BE APPOINTED BY A MAJORITY OF THE LEGISLATIVE DELEGATION REPRESENTING THE AREA THE CENTER SERVES.
Rep. WELLS moved to commit the Bill to the Spartanburg Delegation, which was agreed to.
The following Bill was taken up.
H. 4809 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-2027 SO AS TO REQUIRE THE BOARD OF DIRECTORS OF THE SPARTANBURG REGIONAL MEDICAL CENTER TO OBTAIN THE APPROVAL OF THE MEMBERS OF THE LEGISLATIVE DELEGATION REPRESENTING THE CENTER'S SERVICE AREA BEFORE THE DIRECTORS MAY MERGE WITH, OR SELL OR LEASE ITS FACILITIES TO A FOR PROFIT CORPORATION.
Rep. WELLS moved to commit the Bill to the Spartanburg Delegation, which was agreed to.
Rep. WALKER moved to adjourn debate upon the following Joint Resolution until Thursday, April 18, which was adopted.
S. 1326 -- Senator Reese: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED DURING THE MONTHS OF FEBRUARY AND MARCH, 1996, BY THE STUDENTS OF ANY SCHOOLS WITHIN SCHOOL DISTRICTS 1 THROUGH 7 IN SPARTANBURG COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW AND ICE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4910 -- Reps. Sandifer, Cain and Chamblee: A BILL TO AMEND SECTION 7-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS AND VOTING PLACES IN OCONEE COUNTY, SO AS TO COMBINE THE TOKEENA AND PROVIDENCE PRECINCTS INTO ONE PRECINCT AND PROVIDE FOR ITS VOTING PLACE.
H. 4895 -- Reps. Keyserling, Richardson, McTeer and Lloyd: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS FOR THE BEAUFORT COUNTY BOARD OF DISABILITIES AND SPECIAL NEEDS, BEAUFORT COUNTY VETERAN'S AFFAIRS OFFICER, AND THE BEAUFORT COUNTY BOARD OF ELECTIONS AND REGISTRATION TO THE GOVERNING BODY OF BEAUFORT COUNTY.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4434 -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN SUSPENDED FOR A FIFTH OFFENSE.
H. 4825 -- Rep. Boan: A BILL TO AMEND SECTION 12-28-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON GASOLINE AND DIESEL FUEL, SO AS TO PROVIDE THAT THE LICENSE TAX IMPOSED BY THIS SECTION IS IN LIEU OF ALL SALES, USE, OR OTHER EXCISE TAX WHICH MAY OTHERWISE BE IMPOSED BY ANY MUNICIPALITY, COUNTY, OR OTHER LOCAL POLITICAL SUBDIVISION; TO AMEND SECTION 12-28-720, RELATING TO THE TAX ON MOTOR FUELS AND PERFECTION OF THE EXEMPTION FOR IMPORTS, SO AS TO PROVIDE THE EXEMPTION FOR EXPORTS, RATHER THAN IMPORTS; TO AMEND SECTION 12-28-740, RELATING TO THE TAX ON MOTOR FUELS AND PERFECTION OF THE EXEMPTION FOR THE FEDERAL GOVERNMENT AND STATE-OWNED BUSES AND VEHICLES USED IN AN EDUCATIONAL PROGRAM, SO AS TO CHANGE A STATUTORY REFERENCE REGARDING A VENDOR'S MAKING APPLICATION FOR A PERMIT PROVIDED FOR BY THIS SECTION; TO AMEND SECTION 12-28-795, RELATING TO THE TAX ON MOTOR FUELS AND INTEREST ON REFUND CLAIMS NOT ISSUED WITHIN THIRTY DAYS OF FILING, SO AS TO DELETE THE EXISTING PROVISIONS OF THIS SECTION AND PROVIDE THAT INTEREST ON A CLAIM FOR A REFUND MUST BE PAID AT THE RATE AND IN THE MANNER PROVIDED FOR IN SECTION 12-54-25; TO AMEND SECTION 12-28-905, RELATING TO THE TIME FOR PAYMENT OF THE MOTOR FUEL TAX ON GALLONS OF MOTOR FUEL IMPORTED FROM ANOTHER STATE, SO AS TO CHANGE CERTAIN STATUTORY REFERENCES WITHIN THIS SECTION; TO AMEND SECTION 12-28-915, RELATING TO THE TAX ON MOTOR FUELS, THE TAX COLLECTED AND REMITTED BY THE SUPPLIER, DUE DATE, AND LATE TAXES, SO AS TO PROVIDE THAT A SUPPLIER SHALL "GIVE NOTIFICATION OF", RATHER THAN "REMIT", LATE TAXES REMITTED TO THE SUPPLIER BY AN ELIGIBLE PURCHASER; TO AMEND SECTION 12-28-925, RELATING TO THE COLLECTION OF MOTOR FUEL TAX FROM A PURCHASER AND THE ELECTION TO DEFER THE TAX PAYMENT, SO AS TO DELETE CERTAIN PROVISIONS, AND TO PROVIDE THAT FAILURE OF A SUPPLIER OR BONDED IMPORTER TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION MAY RESULT IN SUSPENSION OR REVOCATION OF LICENSE; TO AMEND SECTION 12-28-935, RELATING TO RECISION OF A PURCHASER'S ELIGIBILITY AND ELECTION TO DEFER PAYMENT OF THE TAX ON MOTOR FUELS, SO AS TO CHANGE A STATUTORY REFERENCE WITHIN THE CODE SECTION; TO AMEND SECTION 12-28-940, RELATING TO COMPUTING THE AMOUNT OF THE MOTOR FUEL TAX DUE, SO AS TO CHANGE A STATUTORY REFERENCE WITHIN THIS SECTION, AND TO SUBSTITUTE "CREDIT" FOR "DEDUCTION" IN ONE INSTANCE; TO AMEND SECTION 12-28-970, RELATING TO THE IMPOSITION OF A BACKUP TAX EQUAL TO THE TAX IMPOSED BY SECTION 12-28-310, SO AS TO PROVIDE FOR AN EXEMPTION FROM THE BACKUP TAX UPON THE DELIVERY IN THIS STATE INTO THE FUEL SUPPLY TANK OF A HIGHWAY VEHICLE OF "ALTERNATIVE FUELS"; TO AMEND SECTION 12-28-1130, RELATING TO THE TAX ON MOTOR FUELS AND THE TANK WAGON OPERATOR-IMPORTER LICENSE AND FEE, SO AS TO PROVIDE THAT "OPERATORS OF TANK WAGONS DELIVERING PRODUCTS", RATHER THAN "OPERATORS OF TANK WAGON DELIVERY PRODUCT", INTO THIS STATE MORE THAN TWENTY-FIVE MILES FROM THE BORDER SHALL APPLY FOR AN IMPORTER'S LICENSE UNDER SECTION 12-28-1125; TO AMEND SECTION 12-28-1135, RELATING TO THE FUEL VENDOR LICENSE AND FEE, SO AS TO, AMONG OTHER THINGS, SUBSTITUTE "TRANSPORTER" FOR "CARRIER" IN ONE INSTANCE AND CHANGE A STATUTORY REFERENCE; TO AMEND THE 1976 CODE BY ADDING SECTION 12-28-1139 SO AS TO REQUIRE EACH PERSON LIABLE FOR THE TAX IMPOSED BY SECTIONS 12-28-970 AND 12-28-990(C) WHO IS NOT LICENSED UNDER SECTIONS 12-28-1100 THROUGH 12-28-1135 TO OBTAIN A MISCELLANEOUS FUEL TAX LICENSE, AND TO PROVIDE THAT THERE IS NO REGISTRATION FEE FOR THIS LICENSE; TO AMEND SECTION 12-28-1150, RELATING TO THE TAX ON MOTOR FUELS, FINGERPRINTING, AND EXEMPTIONS, SO AS TO CHANGE A REFERENCE TO THE TITLE OF AN AGENCY HEAD; TO AMEND SECTION 12-28-1155, RELATING TO THE REQUIREMENT THAT AN APPLICATION FOR A LICENSE UNDER CHAPTER 28, TITLE 12, MUST BE FILED WITH A SURETY BOND OR CASH DEPOSIT, SO AS TO ADD LANGUAGE TO A PROVISION OF THIS SECTION TO THE EFFECT THAT FUEL VENDORS DEFINED IN SECTION 12-28-1135, OTHER THAN PERSONS REQUIRED TO BE LICENSED UNDER PROVISIONS OTHER THAN IN THOSE SECTIONS, AND MISCELLANEOUS FUEL TAX LICENSEES DEFINED IN SECTION 12-28-1139, ARE EXEMPT FROM THE BONDING REQUIREMENTS; TO AMEND SECTION 12-28-1180, RELATING TO THE TAX ON MOTOR FUELS, NOTICE OF PROPOSED DENIAL OF APPLICATION FOR A LICENSE NOTICE OF SUSPENSION OR REVOCATION OF LICENSE, AND CERTAIN HEARINGS, SO AS TO PROVIDE FOR THE SUSPENSION OR REVOCATION OF A LICENSE FOR FAILURE TO COMPLY WITH CHAPTER 28, TITLE 12, AFTER AT LEAST THIRTY DAYS' NOTICE, RATHER THAN TEN DAYS' NOTICE, TO THE LICENSEE AND A HEARING, IF REQUESTED, PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 12-28-1300, RELATING TO THE TAX ON MOTOR FUELS, VERIFIED STATEMENT BY A SUPPLIER, AND REPORTING OF INFORMATION, SO AS TO PROVIDE THAT THE REPORTS REQUIRED BY ARTICLE 13 OF CHAPTER 28, TITLE 12, RATHER THAN BY SECTION 12-28-1300, MUST BE FILED WITH RESPECT TO INFORMATION FOR THE PRECEDING CALENDAR MONTH "ON OR BEFORE", RATHER THAN "BEFORE", THE TWENTY-SECOND DAY OF THE CURRENT MONTH, AND TO CHANGE A STATUTORY REFERENCE WITHIN THIS SECTION; TO AMEND SECTION 12-28-1320, RELATING TO THE TAX ON MOTOR FUELS AND THE REQUIREMENT THAT A LICENSED TANK IMPORTER MUST FILE A MONTHLY VERIFIED SWORN STATEMENT OF OPERATIONS, SO AS TO REFER TO AND IMPOSE THE REQUIREMENT OF THIS SECTION UPON, A "LICENSED TANK WAGON OPERATOR IMPORTER", RATHER THAN A "LICENSED TANK IMPORTER"; TO AMEND SECTION 12-28-1390, RELATING TO THE TAX ON MOTOR FUELS AND A FUEL VENDOR'S REPORTS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE FUEL VENDOR'S ANNUAL REPORT MUST BE FILED BEFORE FEBRUARY TWENTY-EIGHTH, RATHER THAN "BEFORE JANUARY TWENTY-FIRST", ANNUALLY FOR THE PRECEDING CALENDAR YEAR; TO AMEND THE 1976 CODE BY ADDING SECTION 12-28-1395 SO AS TO PROVIDE THAT A PERSON LICENSED AS A MISCELLANEOUS FUEL TAX LICENSEE IN SOUTH CAROLINA SHALL FILE MONTHLY A SWORN STATEMENT ON PRESCRIBED FORMS AND FURNISH ANY INFORMATION CONSIDERED NECESSARY BY THE ADMINISTERING AGENCY FOR THE ENFORCEMENT OF CHAPTER 28, TITLE 12; TO AMEND SECTION 12-28-1505, RELATING TO THE TAX ON MOTOR FUELS AND REQUIREMENTS RELATING TO SHIPPING DOCUMENTS, SO AS TO DELETE A CERTAIN REFERENCE TO "THE SECRETARY OF STATE" AND SUBSTITUTE "THE DEPARTMENT OF REVENUE AND TAXATION OR ITS AGENT"; TO AMEND SECTION 12-28-2110, RELATING TO SPECIALIZED COMPENSATING FUEL TAXES AND THE FUEL REPLACEMENT TAX, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE AND PROVISIONS, AND TO REQUIRE THE COLLECTION OF THE TAX IMPOSED BY CHAPTER 28, TITLE 12; TO AMEND SECTION 12-28-2360, RELATING TO THE TAX ON MOTOR FUELS AND REFUND OF THE INSPECTION FEE ON PETROLEUM PRODUCTS, SO AS TO PROVIDE FOR PROOF OF CLAIM BEING SUBMITTED WITHIN THE TIME PERIOD PROVIDED FOR IN SECTION 12-54-85, RATHER THAN WITHIN SIX MONTHS FROM THE DATE SHOWN ON THE DELIVERY MANIFEST; TO AMEND SECTION 12-28-2380, RELATING TO THE TAX ON MOTOR VEHICLES, THE PROVISION THAT MOTOR FUELS USED IN THE OPERATION OF A MOTOR VEHICLE ARE TAXABLE, AND THE EXEMPTION FOR THE SELLER-USER OF LIQUEFIED PETROLEUM GAS, SO AS TO PROVIDE THAT ALL MOTOR FUELS PLACED INTO MOTOR VEHICLES FOR USE IN THEIR OPERATION OR FOR THE OPERATION OF THEIR PARTS OR ATTACHMENTS ARE SUBJECT TO THE "FEES", RATHER THAN THE "TAX", PROVIDED FOR IN ARTICLE 23 OF CHAPTER 28, TITLE 12, RATHER THAN "PROVIDED FOR IN CHAPTER 28, TITLE 12"; TO AMEND SECTION 12-28-2520, RELATING TO THE TAX ON MOTOR FUELS, REPORTS AND BOND REQUIREMENTS, AND OIL COMPANY BOND EXEMPTION BASED ON STATEMENT OF ASSETS AND LIABILITIES, SO AS TO PROVIDE THAT "A MOTOR FUEL LICENSEE", RATHER THAN "AN OIL COMPANY", MAY FURNISH A STATEMENT OF ASSETS AND LIABILITIES AND THAT IF IN THE JUDGMENT OF THE ADMINISTERING AGENCY, THE PROPERTY OWNED BY THE "MOTOR FUEL LICENSEE", RATHER THAN "THE OIL COMPANY", IS SUFFICIENT TO PROTECT THE STATE IN THE PAYMENT OF ALL "MOTOR FUEL TAXES", RATHER THAN "GASOLINE TAXES", DUE, A BOND IS NOT REQUIRED; AND TO REPEAL SECTION 12-28-2510, RELATING TO THE TAX ON MOTOR FUELS AND THE ANNUAL REPORTING REQUIREMENT OF GALLONS SOLD THROUGH RETAIL OUTLETS.
H. 4834 -- Reps. Robinson, Herdklotz, Waldrop, Sandifer, Fulmer, Trotter, Marchbanks, Rice, Haskins and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-2-75 SO AS TO PROVIDE FOR THE METHOD OF SIGNING INCOME TAX RETURNS; TO AMEND SECTION 12-4-310, AS AMENDED, RELATING TO DUTIES OF THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO REVISE A REFERENCE TO THE BOND REQUIREMENT FOR DEPARTMENTAL OFFICERS AND EMPLOYEES; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE OF 1986 NOT ADOPTED IN THE DETERMINATION OF SOUTH CAROLINA TAXABLE INCOME, SO AS TO DELETE THE EXCLUSION OF PROVISIONS RELATING TO AN INNOCENT SPOUSE; TO AMEND SECTION 12-31-60, RELATING TO PENALTIES PROVIDED UNDER THE INTERNATIONAL FUEL TAX AGREEMENT, SO AS TO MAKE THESE PENALTIES APPLY IN LIEU OF OTHER PENALTIES AND INTEREST OTHERWISE REQUIRED; TO AMEND SECTIONS 12-36-110, AS AMENDED, 12-36-120, AS AMENDED, 12-36-1710, AS AMENDED, 12-36-2110, AS AMENDED, AND 12-36-2120, AS AMENDED, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO REVISE THE DEFINITIONS OF "RETAIL SALE" AND "WHOLESALE SALE", CLARIFY A REFERENCE IN AN EXEMPTION UNDER THE CASUAL EXCISE TAX, REQUIRE LEASES TO BE IN WRITING FOR PURPOSES OF OBTAINING THE THREE HUNDRED DOLLARS MAXIMUM SALES TAX ON CERTAIN ITEMS, CLARIFY THE SALES TAX EXEMPTION FOR SUPPLIES REQUIRED BY DIABETICS, AND TO EXEMPT GOODS PROVIDED TO THE FEDERAL GOVERNMENT WHEN CERTAIN CONDITIONS ARE MET; TO AMEND SECTION 12-39-260, RELATING TO THE DUTIES OF THE COUNTY AUDITOR, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO APPROVE OTHER MEANS OF ACCOUNTING FOR AND REPORTING OF REAL ESTATE SALES; TO AMEND SECTION 12-54-35, RELATING TO THE INNOCENT SPOUSE RULE, SO AS TO PROVIDE THOSE INSTANCES WHEN THE RULE DOES NOT APPLY; TO AMEND SECTION 12-54-50, AS AMENDED, RELATING TO THE PENALTY ON A RETURNED CHECK FOR TAXES, SO AS TO EXTEND THE PENALTY TO ELECTRONIC PAYMENTS AND CLARIFY THIS PENALTY AS AN ADDITION TO ALL OTHER PENALTIES; TO AMEND SECTION 12-54-90, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REVOKE LICENSES ISSUED TAXPAYERS FOR VIOLATIONS OR OMISSIONS, SO AS TO PROVIDE NOTICE BY FIRST CLASS RATHER THAN CERTIFIED MAIL; TO AMEND SECTION 12-54-210, AS AMENDED, RELATING TO THE REQUIREMENT TO MAINTAIN RECORDS FOR TAX PURPOSES, SO AS TO EXTEND THE REQUIREMENT TO LICENSES, FEES, AND SURCHARGES AND TO PROVIDE THE CIRCUMSTANCES UNDER WHICH MICROFILM RECORDS ARE ADEQUATE; TO AMEND SECTION 12-54-227, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO CONTRACT WITH PRIVATE PARTIES TO COLLECT TAXES, SO AS TO ALLOW THE NOTICE TO TAXPAYERS TO BE MADE BY FIRST CLASS RATHER THAN CERTIFIED OR REGISTERED MAIL; AND TO REPEAL SECTION 12-6-5040, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REQUIRE COPIES OF FEDERAL TAX RETURNS.
H. 3913 -- Reps. Easterday, Limbaugh, Herdklotz, Tripp, Bailey, Wilder, Simrill, Fair, Meacham, Stoddard, Jaskwhich, Wofford, A. Young, Rice, Vaughn, Law, Haskins, Cato, Mason and Kirsh: A BILL TO AMEND SECTION 44-55-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE STATE RECREATIONAL WATERS ACT, SO AS TO DEFINE "HOMEOWNERS ASSOCIATION"; AND TO AMEND SECTION 44-55-2340, RELATING TO SWIMMING POOL CONSTRUCTION AND OPERATION PERMITS, SO AS TO EXEMPT HOMEOWNERS' ASSOCIATIONS.
The following Bill was taken up.
H. 4447 -- Reps. Meacham, Simrill, Young-Brickell, Vaughn, Allison, Davenport, Rice, Easterday, Haskins and Lee: A BILL TO AMEND SECTION 59-63-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCY AND OTHER ELIGIBILITY REQUIREMENTS OF CHILDREN TO ATTEND PUBLIC SCHOOLS, SO AS TO DELETE A PROVISION ALLOWING A CHILD TO ATTEND A PUBLIC SCHOOL IN A PARTICULAR DISTRICT IF THE CHILD OWNS CERTAIN REAL ESTATE IN THE DISTRICT; AND TO AMEND SECTION 59-63-31, RELATING TO ADDITIONAL QUALIFICATIONS FOR ATTENDANCE AT PUBLIC SCHOOLS, SO AS TO CONFORM A REFERENCE IN THE SECTION TO THE REVISED PROVISIONS OF SECTION 59-63-30.
Rep. MEACHAM proposed the following Amendment No. 2 (Doc Name P:\amend\GJK\22701SD.96).
Amend the Report of the Committee on Education and Public Works, as and if amended, by adding a new SECTION to be appropriately numbered to read:
/SECTION ____. Any child who attends the public schools of any district on the basis that he owns real estate in the district having an assessed value of three hundred dollars or more may continue to attend the schools of that district after the effective date of this act so long as they own such real estate, notwithstanding the amendments to Section 59-63-30 of the 1976 Code as contained herein./
Renumber sections to conform.
Amend totals and title to conform.
Rep. MEACHAM explained the amendment.
Reps. SHEHEEN, SCOTT, J. BROWN, SPEARMAN, KNOTTS, MEACHAM, CATO, KENNEDY, ALLISON, SHISSIAS, COTTY, STUART, TROTTER, VAUGHN and BYRD objected to the Bill.
The following Bill was taken up.
H. 4706 -- Reps. Wilkins, Kennedy, Harrell, Hutson, Neilson, S. Whipper, J. Hines, Harvin, Howard, Askins, White, Fleming, Jennings, Keegan, Anderson, L. Whipper, M. Hines, Cobb-Hunter, Breeland, Neal, Young-Brickell, Easterday, J. Harris, Koon, Meacham, J. Young, Harrison, Clyburn, Herdklotz, Knotts, Inabinett, Wright, Lloyd, Law, Gamble, Delleney, Cave, Govan, H. Brown, Felder, Robinson, Mason, Carnell, D. Smith, Rice, Sharpe, Boan, Fulmer, Chamblee, Stuart, Shissias, Klauber, T. Brown, Spearman, Williams, Kinon, Limbaugh, Scott, Riser, McTeer, McElveen, Hodges and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA RURAL DEVELOPMENT ACT OF 1996" INCLUDING PROVISIONS TO AMEND SECTION 12-10-20, RELATING TO LEGISLATIVE FINDINGS PERTAINING TO THE ENTERPRISE ZONE ACT, SO AS TO PROVIDE ADDITIONAL FINDINGS; TO AMEND SECTION 12-10-30, RELATING TO DEFINITIONS UNDER THE ENTERPRISE ZONE ACT, SO AS TO DELETE THE DEFINITION OF "SERVICES"; TO AMEND SECTION 12-10-40, AS AMENDED, RELATING TO THE DESIGNATION AND CRITERIA OF ENTERPRISE ZONES, SO AS TO DELETE SPECIFIED CRITERIA AND TO PROVIDE THAT THE AMOUNT OF BENEFITS ALLOWED IS DETERMINED BY THE COUNTY DESIGNATION IN WHICH THE BUSINESS IS LOCATED; TO AMEND SECTION 12-10-50, RELATING TO CRITERIA TO QUALIFY FOR BENEFITS, SO AS TO PROVIDE THAT THE ENTIRE STATE OF SOUTH CAROLINA IS AN ENTERPRISE ZONE; TO AMEND SECTION 12-10-70, RELATING TO BENEFITS OF QUALIFYING BUSINESSES, SO AS TO REVISE THESE BENEFITS AND PROVIDE THAT QUALIFYING BUSINESSES ARE ELIGIBLE TO USE SPECIAL SOURCE REVENUE BONDS; TO AMEND SECTION 12-10-80, RELATING TO JOB DEVELOPMENT FEES, SO AS TO PERMIT A QUALIFYING BUSINESS TO COLLECT JOB DEVELOPMENT FEES FOR NEW JOBS CREATED AND FOR OTHER REASONS, TO FURTHER PROVIDE FOR THE PURPOSES FOR WHICH SUCH FUNDS MAY BE SPENT, TO PROVIDE FOR THE RETAINAGE OF JOB DEVELOPMENT FEES UNDER CERTAIN CONDITIONS, TO CREATE THE RURAL INFRASTRUCTURE FUND AND PROVIDE FOR ITS FUNDING, AND TO PROVIDE THAT ANY STATE-SUPPORTED INSTITUTION OF HIGHER EDUCATION MAY PROVIDE RETRAINING INSTEAD OF ONLY TECHNICAL COLLEGES; TO ADD SECTION 12-10-85 SO AS TO PROVIDE GUIDELINES FOR THE USES OF THE RURAL DEVELOPMENT FUND; TO AMEND SECTION 12-10-90, RELATING TO LEVELS OF CAPITAL INVESTMENT OR EMPLOYMENT IN REVITALIZATION AGREEMENTS, SO AS TO PROVIDE THAT THE COUNCIL ALONE CAN TERMINATE REVITALIZATION AGREEMENTS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO JOBS TAX CREDITS, SO AS TO REVISE THE REQUIREMENTS AND QUALIFICATIONS FOR JOBS TAX CREDITS; TO AMEND SECTION 12-6-2320, AS AMENDED, RELATING TO ALLOCATION AND APPORTIONMENT OF A TAXPAYER'S INCOME, SO AS TO FURTHER DEFINE THE TERM "TAXPAYER" IN REGARD TO A CONTROLLED GROUP OF CORPORATIONS; TO AMEND SECTION 12-6-3440, AS AMENDED, RELATING TO TAX CREDITS FOR EMPLOYEE CHILD CARE PROGRAMS, SO AS TO REVISE THE MANNER IN WHICH THESE TAX CREDITS ARE DETERMINED AND ALLOCATED; TO AMEND SECTION 12-6-3450, RELATING TO INCOME TAX CREDITS FOR PERSONS TERMINATED FROM EMPLOYMENT AS A RESULT OF THE CLOSING OF FEDERAL MILITARY INSTALLATIONS, SO AS TO PROVIDE AN APPLICABLE FEDERAL FACILITY, RATHER THAN JUST A MILITARY INSTALLATION, MAY RECEIVE THE BENEFITS OF THIS CREDIT; TO AMEND SECTION 12-6-3470, RELATING TO EMPLOYER TAX CREDITS FOR EMPLOYING PERSONS RECEIVING AID TO FAMILIES WITH DEPENDENT CHILDREN, SO AS TO FURTHER PROVIDE FOR THE COMPUTATION OF AND REQUIREMENTS FOR THIS CREDIT; TO AMEND SECTION 12-14-30, AS AMENDED, RELATING TO DEFINITIONS UNDER THE ECONOMIC IMPACT ZONE COMMUNITY DEVELOPMENT ACT, SO AS TO DELETE LANGUAGE PERTAINING TO MANUFACTURING FACILITIES THAT HAVE CLOSED OR EXPERIENCED LAYOFFS AS BEING ELIGIBLE FOR CERTAIN BENEFITS UNDER THIS ACT; TO AMEND TITLE 12, RELATING TO TAXATION, BY ADDING CHAPTER 12 SO AS TO ESTABLISH THE REQUIREMENTS FOR AND PROCEDURES UNDER WHICH A TAXPAYER WHO HAS A GAIN FROM THE SALE OR OTHER DISPOSITION OF A CAPITAL ASSET MAY DEFER RECOGNITION OF ALL OR A PART OF THE GAIN; TO AMEND SECTION 12-36-70, RELATING TO THE DEFINITION OF A "RETAILER" AND "SELLER" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO REVISE THE EXEMPTION PERTAINING TO THE FURNISHING OF ACCOMMODATIONS TO TRANSIENTS; TO AMEND SECTION 12-36-920, RELATING TO THE TAX ON ACCOMMODATIONS, SO AS TO EXCLUDE FROM THE ACCOMMODATIONS TAX THE EXEMPTION PROVIDED IN SECTION 12-36-70; TO AMEND SECTION 12-36-120, AS AMENDED, RELATING TO THE DEFINITION OF A "SALE AT WHOLESALE", SO AS TO INCLUDE THE PURCHASE OF PALLETS; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO INCLUDE PALLETS IN THE SALES TAX EXEMPTION FOR PACKAGING MATERIALS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO FURTHER PROVIDE FOR THE EXEMPTION FOR AIR CARRIER HUB TERMINAL FACILITIES; TO AMEND SECTION 12-43-300, AS AMENDED, RELATING TO NOTICE OF TAX REASSESSMENTS AND OBJECTIONS THERETO, SO AS TO FURTHER PROVIDE FOR WHEN THE TAXPAYER AND THE ASSESSOR ARE BOUND BY THE ASSESSED VALUE OF THE PROPERTY AND TO MAKE THESE PROVISIONS APPLY TO REASSESSMENTS MADE ON OR AFTER DECEMBER 31, 1991; TO AMEND SECTION 4-12-30, RELATING TO FEES IN LIEU OF TAXES AND EXCEPTIONS FOR QUALIFYING INDUCEMENT LEASE AGREEMENTS, SO AS TO REDEFINE THE TERM "CONTROLLED GROUP", DELETE THE REQUIREMENT THAT THE BOARD OF ECONOMIC ADVISORS DETERMINE THE BENEFITS OF A FEE PROJECT AND PROVIDE INSTEAD THAT THE COUNTY COUNCIL SHALL DETERMINE SUCH BENEFITS, DELETE THE REQUIREMENT THAT A RESERVE ACCOUNT BE MAINTAINED, REVISE THE TIME PERIODS TO MEET CERTAIN REQUIREMENTS AND PROCEDURES REQUIRED TO BE FOLLOWED, REVISE THE MINIMUM ASSESSMENT RATIOS FOR SPECIFIED QUALIFYING BUSINESSES, ALLOW REPLACEMENT PROPERTY TO QUALIFY FOR THE FEE UNDER CERTAIN CONDITIONS, PERMIT THE AMENDING OF INDUCEMENT AGREEMENTS AT ANY TIME WITH RESTRICTIONS, PROVIDE GUIDELINES FOR THE TRANSFERRING OF FEE PROPERTY, REVISE CERTAIN INTEREST CHARGES, FURTHER PROVIDE FOR THE DISTRIBUTION OF THE FEE AND ALLOW A COUNTY TO USE A PORTION OF THE FEE PAYMENT FOR INFRASTRUCTURE IMPROVEMENTS WITHOUT THE REQUIREMENT OF ISSUING SPECIAL SOURCE REVENUE BONDS, ALLOW FOR THE TRANSFERRING OF AGREEMENTS RELATED TO THE FEE AND REQUIRE COUNTY APPROVAL OF THE TRANSFER, AND PROVIDE FOR OTHER RELATED MATTERS, PERTAINING TO FEES IN LIEU OF TAXES, AND THE TRANSFERABILITY OF INTERESTS IN THE PROPERTY THE SUBJECT OF THE FEE; TO AMEND SECTION 4-12-40, RELATING TO THE APPLICABILITY AND EFFECTIVE DATES OF FEE IN LIEU OF LEASE AGREEMENTS, SO AS TO FURTHER PROVIDE FOR SUCH APPLICABILITY AND EFFECTIVE DATES; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO FEES IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO PROVIDE THAT THE FEE PROVISIONS ARE AVAILABLE FOR INVESTMENTS EXCEEDING FORTY-FIVE MILLION DOLLARS, TO FURTHER PROVIDE FOR THE DEFINITION OF "CONTROLLED GROUP" AS IT RELATES TO THE FEE, ALLOW CERTAIN QUALIFYING BUSINESSES A THIRTY-YEAR MAXIMUM AGREEMENT AND AN EIGHT-YEAR PERIOD TO MEET MINIMUM INVESTMENT REQUIREMENTS, ALLOW CERTAIN QUALIFYING BUSINESSES TO QUALIFY FOR A THREE PERCENT ASSESSMENT RATIO, ALLOW FOR THE AMENDING OF AGREEMENTS AT ANY TIME WITH RESTRICTIONS, ALLOW A COUNTY TO USE A PORTION OF THE FEE PAYMENT FOR INFRASTRUCTURE IMPROVEMENTS WITHOUT THE REQUIREMENT FOR ISSUING SPECIAL SOURCE REVENUE BONDS, REVISE CERTAIN INTEREST CHARGES, FURTHER PROVIDE FOR THE TRANSFERRING OF AGREEMENTS AND FEE ASSETS, REQUIRE COUNTY APPROVAL BEFORE TRANSFERS, AND PROVIDE FOR OTHER RELATED MATTERS PERTAINING TO FEES IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS.
Reps. HARRELL, YOUNG-BRICKELL, WELLS, FLEMING, ROBINSON, TRIPP, CLYBURN, VAUGHN, CATO, ALLISON, KNOTTS and SHEHEEN objected to the Bill.
The following Bill was taken up.
H. 4835 -- Reps. Robinson, Herdklotz, Waldrop, Fulmer, Sandifer, Marchbanks, Rice, Haskins, Trotter and Harrell: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL EXEMPTION FROM AD VALOREM TAXES, SO AS TO PROVIDE TECHNICAL CHANGES, SUBSTITUTE "WATERCRAFT" FOR "BOATS", TO PROVIDE THE MAXIMUM ASSESSMENT FOR WATERCRAFT THAT ARE EXEMPT FROM AD VALOREM TAXES, AND TO PROVIDE AN AD VALOREM TAX EXEMPTION FOR WATERCRAFT TRAILERS; TO AMEND SECTION 12-37-252, RELATING TO THE CLASSIFICATION AND ASSESSMENT OF PROPERTY QUALIFYING FOR EXEMPTION UNDER SECTION 12-37-250, SO AS TO PROVIDE THAT A PERSON QUALIFYING FOR THIS EXEMPTION ALSO MAY QUALIFY FOR A HOMESTEAD EXEMPT TAX REFUND; TO AMEND SECTION 12-37-275, RELATING TO THE DATE FOR SUBMISSION FOR REQUESTS FOR REIMBURSEMENT FOR CERTAIN UNCOLLECTED TAXES, SO AS TO PROVIDE FOR THE TREATMENT OF ACCOUNTS COVERED BY THIS PROVISION; TO AMEND SECTION 12-37-610, RELATING TO LIABILITY FOR PAYMENT OF PROPERTY TAXES, SO AS TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO THE VALUATION OF PROPERTY, DEPRECIATION ALLOWANCES FOR MANUFACTURER'S MACHINERY AND EQUIPMENT, AND ADJUSTMENTS IN CERTAIN ALLOWANCES, SO AS TO PROVIDE TECHNICAL CHANGES, SUBSTITUTE "WATERCRAFT AND AIRCRAFT" FOR "BOATS AND AIRPLANES" AND TO PROVIDE THAT THIS PROVISION APPLIES TO CERTAIN WATERCRAFT AND AIRCRAFT; TO AMEND SECTION 12-43-217, AS AMENDED, RELATING TO THE CONDUCTING OF CERTAIN PROPERTY REASSESSMENTS, SO AS TO REVISE THE REASSESSMENT PERIOD; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CERTAIN ASSESSMENT RATIOS FOR PROPERTY SUBJECT TO AD VALOREM TAXATION, PROCEDURES FOR CLAIMING CERTAIN AD VALOREM TAXATION CLASSIFICATIONS AND THE ROLL-BACK OF CERTAIN TAXES, SO AS TO PROVIDE CERTAIN TECHNICAL CHANGES, THAT A TAXPAYER MAY RECEIVE THE FOUR PERCENT ASSESSMENT ON ONE RESIDENCE FOR ANY TAX YEAR, AND THAT STANDING TIMBER WILL NOT BE USED IN DETERMINING FAIR MARKET VALUE FOR CERTAIN REAL PROPERTY; TO AMEND SECTION 12-51-40, AS AMENDED, RELATING TO EXECUTION COSTS, THE LEVY OF A WARRANT OR EXECUTION, A NOTICE OF DELINQUENT TAXES, SEIZURE OF PROPERTY, AND AN ADVERTISEMENT OF SALE, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 12-51-55, RELATING TO THE REQUIRED BID ON BEHALF OF FORFEITED LAND COMMISSION WHEN PROPERTY IS SOLD FOR NONPAYMENT OF AD VALOREM TAXES, SO AS TO PROVIDE THE PROCEDURE FOR DISPOSING OF CONTAMINATED REAL PROPERTY; TO AMEND SECTION 12-60-2510, RELATING TO PROPERTY TAX ASSESSMENT NOTICES, SO AS TO REVISE THE DATE WHEN TAX ASSESSMENT NOTICES MUST BE MAILED, AND TO ELIMINATE CERTAIN INFORMATION FROM A PROPERTY TAX ASSESSMENT NOTICE; TO AMEND SECTION 12-60-2910, RELATING TO A REQUEST TO MEET WITH AN AUDITOR REGARDING A PERSONAL PROPERTY TAX ASSESSMENT, AND A WRITTEN PROTEST FOLLOWING THE MEETING, SO AS TO REVISE THE PERIOD WHEN A PERSON MAY MEET WITH AN AUDITOR.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\5802HTC.96), which was adopted.
Amend the bill, as and if amended, page 5, by striking SECTION 8 and inserting:
/SECTION 8. A. Section 12-43-220(c) of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:
"(c)(1) The legal residence and not more than five acres contiguous thereto, when owned totally or in part in fee or by life estate and occupied by the owner of the interest, is taxed on an assessment equal to four percent of the fair market value of the property. If residential real property is held in trust and the income beneficiary of the trust occupies the property as a residence, then the assessment ratio allowed by this item applies if the trustee certifies to the assessor that the property is occupied as a residence by the income beneficiary of the trust. When the legal residence is located on leased or rented property and the residence is owned and occupied by the owner of a residence on leased property, even though at the end of the lease period the lessor becomes the owner of the residence, the assessment for the residence is at the same ratio as provided in this item. If the lessee of property upon which he has located his legal residence is liable for taxes on the leased property, then the property upon which he is liable for taxes, not to exceed five acres contiguous to his legal residence, must be assessed at the same ratio provided in this item. If this property has located on it any rented mobile homes or residences which are rented or any business for profit, this four percent value does not apply to those businesses or rental properties. For purposes of the assessment ratio allowed pursuant to this item, a residence does not qualify as a legal residence unless the residence is determined to be the domicile of the owner-applicant. A taxpayer may receive the four percent assessment ratio on only one residence for a tax year. This subsection (c) is not applicable unless the owner of the property or his agents apply therefor to the county assessor on or before the first penalty date for taxes due for the first tax year in which the assessment under this article is made and certify to the following statement: "Under the penalty of perjury I certify that I meet the qualifications for the special assessment ratio for a legal residence for the appropriate tax year".
To qualify for this special assessment ratio, the owner-occupant must have actually occupied the residence, prior to the date of application, for some period during the tax year and remain an owner-occupant at the time of application.
The assessor shall have printed in the local newspaper during the period January through December at least five notices calling to public attention the provisions of filing the application as a prerequisite for claiming this classification. Failure to file within the prescribed time constitutes abandonment of the owner's right for this classification for the current tax year, but the local taxing authority may extend the time for filing upon a showing satisfactory to it that the person had reasonable cause for not filing on or before the first penalty date.
No further applications are necessary while the property for which the initial application was made continues to meet the eligibility requirements of this item. The owner shall notify the assessor of any change in use within six months of the change.
If a person signs the certification and is not eligible or thereafter loses eligibility and fails to notify the county assessor within the allotted time, a penalty of ten percent and interest at the rate of one-half of one percent a month must be paid on the difference between the amount that was paid and the amount that should have been paid, but not less than thirty dollars nor more than the current year's taxes.
The governing body of the county concerned as an alternative may elect, determine, and direct that the tax assessor shall determine and designate the various properties to be subject to the special assessment ratio provided in this subsection. Upon the determination by the governing body of the county concerned, no publication of notice is required and no application or other certification is then required.
(2)(i) To qualify for the special property tax assessment ratio allowed by this item, the owner-occupant must have actually owned and occupied the residence as his legal residence and been domiciled at that address for some period during the applicable tax year and remain in that status at the time of filing the application required by this item.
(ii) This item does not apply unless the owner of the property or the owner's agent applies for the four percent assessment ratio before the first penalty date for the payment of taxes for the tax year for which the owner first claims eligibility for this assessment ratio. In the application the owner or his agent must certify to the following statement:
'Under penalty of perjury I certify that:
(A) the residence which is the subject of this application is my legal residence and where I am domiciled; and
(B) that neither I nor any other member of my household own any other residence in South Carolina which currently receives the owner-occupant four percent assessment ratio.'
(iii) For purposes of subitem (ii)(B) of this item, 'a member of my household' means:
(A) the owner-occupant's spouse, except when that spouse is legally separated from the owner-occupant; and
(B) any child of the owner-occupant claimed or eligible to be claimed as a dependent on the owner-occupant's federal income tax return.
(iv) In addition to the certification, the burden of proof for eligibility for the four percent assessment ratio is on the owner-occupant and the applicant must provide proof the assessor requires, including, but not limited to:
(A) a copy of the owner-occupant's most recently filed South Carolina individual income tax return;
(B) copies of South Carolina motor vehicle registrations for all motor vehicles registered in the name of the owner-occupant.
(C) other proof required by the assessor necessary to determine eligibility for the assessment ratio allowed by this item.
If the assessor determines the owner-occupant ineligible, the six percent property tax assessment ratio applies and the owner-occupant may appeal the classification as provided in Chapter 60 of this title.
(v) A member of the armed forces of the United States on active duty who is a legal resident of and domiciled in another state is nevertheless deemed a legal resident and domiciled in this State for purposes of this item if the member's permanent duty station is in this State. A copy of the member's orders filed with the assessor is considered proof sufficient of the member's permanent duty station.
(vi) No further applications are necessary from the current owner while the property for which the initial application was made continues to meet the eligibility requirements. If a change in ownership occurs, another application is required. The owner shall notify the assessor of any change in classification within six months of the change.
(vii) If a person signs the certification, obtains the four percent assessment ratio, and is thereafter found not eligible, or thereafter loses eligibility and fails to notify the assessor within six months, a penalty is imposed equal to one hundred percent of the tax paid, plus interest on that amount at the rate of one-half of one percent a month, but in no case less than thirty dollars nor more than the current year's taxes. This penalty and any interest are considered ad valorem taxes due on the property for purposes of collection and enforcement.
(viii) Failure to file within the prescribed time constitutes abandonment of the owner's right for this classification for the current tax year, but the local taxing authority may extend the time for filing upon a showing satisfactory to it that the person had reasonable cause for not filing before the first penalty date.
(3) Notwithstanding any other provision of law, a taxpayer may apply for a refund of property taxes paid overpaid when because the property could have been taxed at was eligible for the legal residence assessment ratio, as is provided for above. The application must be made in accordance with Section 12-60-2560. The taxpayer must establish that the property in question was in fact his legal residence and where he was domiciled. A county council may, by ordinance, may allow refunds for the county government portion of property taxes for such additional past years as it determines advisable.
(4) A legal residence qualifying for the four percent assessment ratio provided by this item must have an assessed value of not less than one hundred dollars."
B. Subsection A of this section is effective for tax years beginning after 1996 and applies for changes in ownership or classification occurring after 1996./
Renumber sections to conform.
Amend title to conform.
Rep. McKAY explained the amendment.
The amendment was then adopted.
The Ways and Means Committee proposed the following Amendment No. 2 (Doc Name P:\amend\DKA\3669CM.96), which was adopted.
Amend the bill, as and if amended, Section 12-37-252(B), SECTION 3, page 3, beginning on line 37, by deleting /must be based upon the same tax years granted for the four percent owner occupied residential assessment ratio/ and inserting:
/does not extend beyond the immediate preceding tax year/
When amended Section 12-37-252(B) reads:
/(B) When a person qualifies for a refund pursuant to Sections 12-60-2560 and 12-43-220(c) for prior years' eligibility for the four percent owner-occupied residential assessment ratio, the person also may be certified for a homestead tax exemption pursuant to Section 12-37-250. This refund does not extend beyond the immediate preceding tax year. The refund is an exception to the limitations imposed by Section 12-60-1750."
Amend further Section 12-37-275, SECTION 4, page 4, line 8, by adding after the period:
/These requests does not extend beyond the immediate preceding tax year./
When amended Section 12-37-275 reads:
/"Section 12-37-275. Notwithstanding any other provision of law, requests for reimbursement for taxes not collected the previous year shall must not be received by the Comptroller General prior to before January first. These requests must be for the reimbursement of eligible accounts which accrue before the first penalty date each year. Those eligible accounts that accrue or are discovered on or after the first penalty date of the tax year must be submitted to the Comptroller General in the next year's reimbursement request. These requests do not extend beyond the immediate preceding tax year."/
Amend further Section 12-60-2510(A)(1)(e), SECTION 12, page 7, by striking lines 12 and 13 and inserting:
/(e) the percentage change over the prior market value, if there is no change in use or physical characteristics of the property;/
Amend title to conform.
Rep. McKAY explained the amendment.
The amendment was then adopted.
Reps. HUTSON and HALLMAN proposed the following Amendment No. 3 (Doc Name P:\amend\JIC\5833HTC.96), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ____. A. The State Election Commission shall conduct a statewide referendum on November 5, 1996, on the question of raising the sales tax in order to provide tax relief. The state election laws apply to this referendum, mutatis mutandis. The commission shall canvass the results of the referendum and certify the results to the Governor, the Speaker of the House, and the President of the Senate. The referendum question must read substantially as follows:
"Do you favor raising the statewide sales, use, and casual excise tax rate from five to six percent and to set aside the proceeds of the additional one percent plus additional amounts derived from reduced government spending to provide in equal proportions for property tax relief for motor vehicles, property tax relief on owner-occupied residential property, and to reduce state income taxes on individuals sixty-five and over with the excess above what is required to be used to provide additional relief for the other categories?
Yes _
No _
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
B. This section takes effect upon approval by the Governor./
Renumber sections.
Amend title to conform.
Rep. HUTSON explained the amendment.
Rep. McKAY raised the Point of Order that Amendment No. 3 was out of order as it was not germane in that the amendment dealt with sales tax and the Bill dealt with property tax.
Rep. HUTSON argued contra the Point.
The SPEAKER stated that the amendment was not germane to the title of the Bill and that the amendment did not have the same substantial effect as the Bill and he sustained the Point of Order and ruled the amendment out of order.
Rep. LITTLEJOHN proposed the following Amendment No. 4 (Doc Name P:\amend\JIC\5842HTC.96), which was adopted.
Amend the bill, as and if amended, by inserting a penultimate SECTION to read:
/SECTION . A. Section 12-37-220(B)(2) of the 1976 Code, as last amended by Act 90 of 1991, is further amended to read:
"(2) The dwelling house in which he a person resides and a lot not to exceed one acre of land owned in fee or for life, or jointly with his the person or her the person's spouse, by a paraplegic or hemiplegic person or a person who is blind and permanently and totally disabled, is exempt from all property taxation provided the person furnishes satisfactory proof of his the disability to the State Department of Revenue and Taxation. The exemption is allowed to the surviving spouse of the person so long as the spouse does not remarry, resides in the dwelling, and obtains by devise the fee or a life estate in the dwelling. The dwelling house is defined as the person's legal residence. For purposes of this item, a hemiplegic person is a person who has paralysis of one lateral half of the body resulting from injury to the motor centers of the brain."
B. This section takes effect upon approval by the Governor and applies to taxable years after 1995./
Renumber sections to conform.
Amend title to conform.
Rep. LITTLEJOHN explained the amendment.
The amendment was then adopted.
Reps. H. BROWN and McKAY proposed the following Amendment No. 5 (Doc Name P:\amend\GJK\22685HTC.96), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 12-51-60 of the 1976 Code is amended to read:
"Section 12-51-60. The successful bidder at the delinquent tax sale shall pay legal tender to the person officially charged with the collection of delinquent taxes in the full amount of the bid on the day of the sale. Upon payment, the person officially charged with the collection of delinquent taxes shall furnish the purchaser a receipt for the purchase money and attach a copy of the receipt to the execution with the endorsement of his actions which must be retained by him. Expenses of the sale must be paid first and the balance of all delinquent tax sale monies collected must be turned over to the treasurer. Upon receipt of the funds, the treasurer shall immediately mark the public tax records regarding the property sold as follows: Paid by tax sale held on (insert date). All other monies received, including any excess due the defaulting taxpayer after payment of delinquent taxes, assessments, penalties, and costs, must be retained, paid out, and accounted for by the delinquent tax collector. Once a tax deed has been issued, the defaulting taxpayer must be notified in writing by the delinquent tax collector of any excess due the taxpayer. The notice must be addressed and mailed to the defaulting taxpayer in the manner provided in Section 12-51-40(b) for taking exclusive possession of real property. Expenses of providing this notice are considered costs of the sale for purposes of determining the amount, if any, of the excess."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. McKAY explained the amendment.
The amendment was then adopted.
Rep. McELVEEN proposed the following Amendment No. 6 (Doc Name P:\amend\PFM\9261HTC.96), which was tabled.
Amend the Committee on Ways and Means Report, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 12-43-220(a) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(a) (1) All real and personal property owned by or leased to manufacturers and utilities and used by the manufacturer or utility in the conduct of the business must be taxed on an assessment equal to ten and one-half percent a percentage of the fair market value of the property as follows.:
Property Tax Year Percentage
Before 1996 10.5
1997 10.0
1998 9.5
1999 9.0
2000 8.5
2001 8.0
2002 7.5
2003 7.0
2004 6.5
After 2004 6.0
(2) Real property owned by or leased to a manufacturer and used primarily for research and development is not considered used by a manufacturer in the conduct of the business of the manufacturer for purposes of classification of property under this item (a) of this section. The term 'research and development' means basic and applied research in the sciences and engineering and the design and development of prototypes and processes.
(3) Real property owned by or leased to a manufacturer and used primarily as an office building is not considered used by a manufacturer in the conduct of the business of the manufacturer for purposes of classification of property under this item (a) of this section if the office building is not located on the premises of or contiguous to the plant site of the manufacturer.
(4) Real property owned by or leased to a manufacturer and used primarily for warehousing and wholesale distribution of clothing and wearing apparel is not considered used by a manufacturer in the conduct of the business of the manufacturer for purposes of classification of property under this item (a) of this section if the property is not located on the premises of or contiguous to the manufacturing site of the manufacturer."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. McELVEEN explained the amendment.
Rep. HARRELL spoke against the amendment and moved to table the amendment.
Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Brown, H. Cain Cato Chamblee Cooper Cromer Dantzler Davenport Easterday Fleming Gamble Hallman Harrell Harris, J. Harrison Herdklotz Jaskwhich Keegan Kelley Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McKay Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stuart Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Wofford Worley Wright Young-Brickell
Those who voted in the negative are:
Anderson Baxley Breeland Brown, G. Carnell Cave Clyburn Cobb-Hunter Cotty Delleney Govan Harris, P. Harvin Hines, J. Hines, M. Hodges Howard Inabinett Kennedy Keyserling Kinon Kirsh Lee Lloyd Martin McAbee McCraw McElveen McTeer Moody-Lawrence Neal Neilson Phillips Rogers Sheheen Stille Stoddard Townsend Tucker Whipper, L. Wilder Wilkes Williams Young
So, the amendment was tabled.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. J. BROWN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4909 -- Reps. Harvin, Kennedy, McElveen, J. Young, Neal and Canty: A CONCURRENT RESOLUTION EXPRESSING DEEPEST SORROW AT THE DEATH OF MRS. MAUDE ATKINSON BROWN OF LEE COUNTY, MOTHER OF REPRESENTATIVE GRADY BROWN, AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
H. 4924 -- Rep. Neal: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA AT THE DEATH OF CLARENCE WASHINGTON, JR., OF HOPKINS, SOUTH CAROLINA, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 4938 -- Reps. Govan, Cobb-Hunter, Sharpe, Felder and Stuart: A CONCURRENT RESOLUTION CONGRATULATING CENTRAL UNITED METHODIST CHURCH OF ORANGEBURG COUNTY ON THE JOYOUS OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY.
H. 4950 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO CONGRATULATE THE HOLLY HILL-ROBERTS HIGH SCHOOL BOYS TRACK TEAM ON WINNING THE CLASS AAA STATE TRACK TITLE.
At 12:59 P.M. the House in accordance with the motion of Rep. COBB-HUNTER adjourned in memory of Listervelt Middleton of Blythewood, to meet at 10:00 A.M. tomorrow.
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