Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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Printed Page 2071 . . . . . Wednesday, April 10, 1996
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\5773HTC.96), which was adopted.

Amend the bill, as and if amended, by striking SECTION 3 in its entirety.

Amend further, by striking SECTION 7 and inserting:

/SECTION 7. Items (26) and (27) of Section 12-60-30 of the 1976 Code, as added by Act 60 of 1995, are amended respectively to read:

"(26) `State tax' means all taxes, licenses, permits, fees, or other amounts, including interest and penalties, imposed by this title, or assessed or collected by the department, including property subject to collection pursuant to Chapter 18 of Title 27, except property taxes.

(27) `Tax' or `taxes' means all taxes, licenses, permits, fees, or other amounts, including interest and penalties, imposed by this title, or subject to assessment or collection by the department, including property subject to collection pursuant to Chapter 18 of Title 27."/

Amend further, by striking SECTIONS 12 and 13 in their entirety.

Amend further, SECTION 14, page 10, line 13, by striking /or the county assessor/ and inserting: /or the local governing body county assessor/, so that, when amended, SECTION 14 reads:

/SECTION 14. The first paragraph of Section 12-60-2130 of the 1976 Code, as added by Act 60 of 1995, is amended to read:

"A property taxpayer or the local governing body county assessor who disagrees with the department determination may request a contested case hearing before the Administrative Law Judge Division if he files an action within thirty days of the date of the department's determination. Requests for a hearing before the Administrative Law Judge Division must be made in accordance with its rules. If a taxpayer requests a contested case hearing before the Administrative Law Judge Division without exhausting his prehearing remedy because he failed to file a protest, the administrative law judge shall dismiss the action without prejudice. If the taxpayer failed to provide the department with the facts, law, and other authority supporting his position, he shall provide the department with the facts, law, and other authority he failed to present to the department earlier. The administrative law judge shall then remand the case to the department for reconsideration in light of the new facts or issues unless the department elects to forego the remand."

Printed Page 2072 . . . . . Wednesday, April 10, 1996
Renumber sections to conform.

Amend totals and title to conform.

Rep. ROBINSON explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 4834--POINT OF ORDER

The following Bill was taken up.

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

Printed Page 2073 . . . . . Wednesday, April 10, 1996
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.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9205AC.96).

Amend the bill, as and if amended, by deleting Section 12-31-60 as contained in SECTION 4, page 3, and inserting:

/Section 12-31-60. In lieu of all other penalties and interest provided by law, penalties Penalties and interest provided under the International Fuel Tax Agreement apply to all reports filed with the State as a result of the International Fuel Tax Agreement. These penalties are in lieu of the penalties imposed under Section 12-54-40(b)(1), (b)(2)(a), or (b)(2)(6) and the interest imposed under Section 12-54-25./

Printed Page 2074 . . . . . Wednesday, April 10, 1996
Amend further, page 3, line 40, by deleting /Section 12-36-110(f)/ and inserting /Section 12-36-110(1)(f)/.

Amend further, Section 12-36-120 as contained in SECTION 6 of the bill, page 4, by deleting lines 9 and 10 and inserting:

/ingredients in preparing ready-to-eat food or drink sold at retail. This exemption includes These products include cooking oil used as an ingredient. However,/

Amend further, Section 12-54-35. A. as contained in SECTION 12 of the bill, page 5, by deleting lines 40 and 41 and inserting:

/(1) a `substantial understatement' is any understatement regardless of amount; and/

Amend further, Section 12-54-90(A), as contained in SECTION 14 of the bill, page 6, by deleting line 25 and inserting:

/notification may be served by certified mail or personally./

Amend further, page 7, by deleting SECTION 16 of the bill.

Amend title to conform.

Renumber sections to conform.

Rep. ROBINSON explained the amendment.

POINT OF ORDER

Rep. HODGES 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 day.

The SPEAKER sustained the Point of Order.

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

RECURRENCE TO THE MORNING HOUR

Rep. ROBINSON moved that the House recur to the morning hour, which was agreed to.

CONCURRENT RESOLUTION

The following was introduced:

H. 4904 -- Reps. Cromer, Harrison, Quinn, Cotty, Shissias, Rogers, Howard, Scott, Neal, Byrd and J. Brown: A CONCURRENT RESOLUTION COMMENDING AND THANKING THOMAS S. LINTON OF COLUMBIA FOR HIS MANY YEARS OF

Printed Page 2075 . . . . . Wednesday, April 10, 1996
OUTSTANDING SERVICE AS MEMBER AND CHAIRMAN OF THE RICHLAND COUNTY RECREATION COMMISSION.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

HOUSE RESOLUTION

On motion of Rep. FULMER, with unanimous consent, the following was taken up for immediate consideration:

H. 4905 -- Rep. Fulmer: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE HOUSE FLOOR AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER TO LIEUTENANT GENERAL CLAUDIUS E. "BUD" WATTS III, PRESIDENT OF THE CITADEL, FOR THE PURPOSE OF BEING RECOGNIZED UPON HIS RETIREMENT AS PRESIDENT OF THE CITADEL.

Be it resolved by the House of Representatives:

That pursuant to Rule 10.1 of the Rules of the House of Representatives, Lieutenant General Claudius E. "Bud" Watts III, President of The Citadel, is given special leave of the House to be admitted to the outer doors of the Chamber, in the Hall, and upon the Floor of the House of Representatives, at a date and time to be determined by the Speaker, for the purpose of being recognized upon his retirement as President of The Citadel.

The Resolution was adopted.

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 4906 -- Reps. Harrison, Limehouse, Hallman, Sandifer, Cain, Robinson, Cato, Vaughn, Limbaugh and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-31-85 SO AS TO PROHIBIT THE PUBLIC SERVICE AUTHORITY FROM MAKING CHARITABLE CONTRIBUTIONS OR EXPENDING ANY OF ITS FUNDS ON OTHER CONTRIBUTIONS EXCEPT WHEN DIRECTLY RELATED TO THE PURPOSES WHICH THE AUTHORITY WAS ESTABLISHED TO ACCOMPLISH.

Referred to Committee on Judiciary.

Printed Page 2076 . . . . . Wednesday, April 10, 1996
CONCURRENT RESOLUTION

The following was introduced:

H. 4907 -- Reps. Byrd, Cobb-Hunter, Kennedy, Lloyd, Inabinett, H. Brown, Cromer, Townsend, Scott, Rogers, Neal, Howard, J. Brown, Harrison, Shissias, Quinn, Cotty, Chamblee, Moody-Lawrence, Williams, Harvin, Stille, Askins, McAbee and Wofford: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF EDWIN ROBERTS RUSSELL OF COLUMBIA, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

H. 3803--POINT OF ORDER

The following Bill was taken up.

H. 3803 -- Reps. A. Young, Keegan, Mason, R. Smith, Bailey, Wofford, Klauber, Law, Hutson, Whatley, Vaughn, Chamblee, Byrd, Gamble, Witherspoon, Lloyd, Limbaugh, Kinon, Littlejohn, Haskins and Meacham: A BILL TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY OBTAIN A DRIVER'S LICENSE, BEGINNER'S PERMIT OR INSTRUCTION PERMIT, SO AS TO REQUIRE APPLICANTS FOR A BEGINNER'S PERMIT TO MEET THE REQUIREMENTS OF SECTION 56-1-50, TO REQUIRE APPLICANTS FOR A RESTRICTED DRIVER'S LICENSE TO MEET THE REQUIREMENTS OF SECTION 56-1-180, AND TO DELETE "INSTRUCTION PERMIT" AND "SECTION 56-1-60"; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO OBTAINING A BEGINNER'S PERMIT, SO AS TO REQUIRE APPLICANTS TO COMPLETE A DRIVER'S TRAINING COURSE BEFORE BEING ISSUED A BEGINNER'S PERMIT; TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO A RESTRICTED DRIVER'S LICENSE, SO AS TO DELETE "INSTRUCTION PERMIT" AND TO REQUIRE APPLICANTS TO COMPLETE A DRIVER'S TRAINING COURSE BEFORE BEING ISSUED A RESTRICTED DRIVER'S LICENSE.

Printed Page 2077 . . . . . Wednesday, April 10, 1996
POINT OF ORDER

Rep. SIMRILL 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 day.

The SPEAKER sustained the Point of Order.

H. 4447--POINT OF ORDER

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.

POINT OF ORDER

Rep. McTEER 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 day.

The SPEAKER sustained the Point of Order.

H. 4706--POINT OF ORDER

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

Printed Page 2078 . . . . . Wednesday, April 10, 1996
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
Printed Page 2079 . . . . . Wednesday, April 10, 1996
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
Printed Page 2080 . . . . . Wednesday, April 10, 1996
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
Printed Page 2081 . . . . . Wednesday, April 10, 1996
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.

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