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The following was received.
Columbia, S.C., May 2, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 774:

S. 774 -- Senator Land: A BILL TO AMEND SECTION 56-31-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION AND USE OF SURCHARGES IMPOSED UPON THE PRIVATE PASSENGER MOTOR VEHICLES RENTED FOR THIRTY-ONE DAYS OR LESS, AND TO CERTAIN REPORTS, VIOLATIONS, PENALTIES, REGULATIONS, AND FORMS PERTAINING TO THE COLLECTION OF THE SURCHARGES, SO AS TO PROVIDE THAT THE SURCHARGES ARE A SALES TAX THAT BELONGS TO THE STATE WHICH MUST BE PLACED IN A SEGREGATED ACCOUNT, THE SURCHARGES ARE NOT SUBJECT TO CERTAIN CREDITOR LIENS, AND ARE NOT GROSS RECEIPTS OR REVENUE, AND A PERSON OR ENTITY MAY NOT IMPOSE A FEE, PENALTY, OR EXPENSE ON INDIVIDUALS COMPLYING WITH THIS PROVISION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., May 2, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 642:

S. 642 -- Senator Thomas: A BILL TO AMEND SECTION 56-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SELF-INSURERS, AND DETERMINATION OF FINANCIAL RESPONSIBILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT A COPY OF THE APPLICANT'S LATEST FINANCIAL STATEMENT PREPARED BY A CERTIFIED PUBLIC

Very respectfully,
President

Received as information.

The following was received from the Senate.

Columbia, S.C., May 2, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 1195:

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

On motion of Rep. TOWNSEND, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. WRIGHT, ALLISON and STILLE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

The following was received from the Senate.

Columbia, S.C., May 2, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 1315:

S. 1315 -- Senators Drummond, Matthews, Waldrep, Washington, Setzler, Cork, Moore, Ryberg, O'Dell and Alexander: A BILL TO AMEND SECTION 1-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE THE BOUNDARIES OF THE STATE IN REGARD TO THE BOUNDARY IN THE LOWER SAVANNAH RIVER REGION.
and asks for a Committee of Conference and has appointed Senators Washington, Cork and Ryberg of the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. HODGES, KLAUBER and J. YOUNG to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

The Senate amendments to the following Joint Resolution were taken up for consideration.

H. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.

Rep. H. BROWN proposed the following Amendment No. 1A (Doc Name P:\amend\JIC\6004HTC.96), which was adopted.

Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for fiscal year 1995-96 the following amounts:

(1) Federal Retiree Settlement. . . . .11,500,000

(2) Catawba Indian Settlement. . . . .2,500,000

(3) State House Renovation. . . . .8,872,994

(4) 1996 General Election. . . . .1,435,190

(5) Public Education-

Instructional Materials. . . . .13,602,951

(6) Wil Lou Gray-Dorm Furniture. . . . .100,000

(7) The South Carolina School for

The Deaf and The Blind-

Facility and Equipment Upgrade. . . . .350,000

(8) John De La Howe-

Maintenance on Building. . . . .65,000

(9) Colleges and Universities-

Higher Education Formula. . . . .33,700,000

Funds appropriated for the Higher Education formula shall be used only for nonrecurring purposes.

(10) Department of Corrections-

Institutional Maintenance. . . . .2,900,000

(11) Department of Juvenile Justice-

Improve Condition in Facilities. . . . .2,020,948

(12) Forestry-H. Cooper Black

Field Trial Area. . . . .100,000

Horticulture Building. . . . .200,000

(14)Department of Natural Resources:

(a) Game-Construction/Renovate

Facilities. . . . .509,775

(b) Marine Resources - Equipment. . . . .300,000

(c) Water Resources - Equipment. . . . .154,000

(d) Land Resources - Data System vehicles. . . . .75,000

(e) Geology - Equipment vehicles. . . . .30,000

(15) South Carolina Department of

Labor, Licensing and Regulation-

Fire Academy-Equipment and

Dry Hydrants. . . . .450,000

The Department of Labor, Licensing and Regulation is directed to coordinate with the Low Country Resource Conservation and Development Council to distribute the funds provided herein for the purchase of materials associated with the installation of Dry Fire Hydrants.

(16) State Commission on Human Affairs-

Computer Upgrade. . . . .24,000

(17) Clemson Public Service Activities-

Plant Industries Research Complex. . . . .600,000

(18) Department of Public Safety-

Computer Upgrade. . . . .1,000,000
. . . . .

Total Capital Reserve Fund

Appropriation. . . . .80,489,858

SECTION 2. This joint resolution takes effect thirty days after the completion of the 1995-96 fiscal year in accordance with the provisions of Article III, Section 36(B)(3)(a), Constitution of South Carolina, 1895, and Section 11-11-320(D)(1) of the 1976 Code. /

Amend totals and title to conform.

The Senate amendments, as amended, were then agreed to and the Joint Resolution ordered returned to the Senate.

The Senate amendments to the following Bill were taken up for consideration.

Rep. H. BROWN proposed the following Amendment No. 1B (Doc Name P:\amend\JIC\6002HTC.96), which was adopted.

Amend the bill, as and if amended, by striking Parts IA and IB as passed by the Senate and inserting Parts IA and IB as passed by the House of Representatives.

Amend further, as and if amended, by striking Part II as passed by the Senate and inserting Part II as passed by the House, except for SECTION 8 thereof, which is amended to read:

TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-935 SO AS TO PROVIDE A PHASED-IN INCREASE IN THE DEPRECIATION ALLOWANCE FOR MANUFACTURER'S MACHINERY AND EQUIPMENT FOR PURPOSES OF THE PROPERTY TAX AND TO PROVIDE FOR THE REIMBURSEMENT OF LOCAL TAXING ENTITIES FOR REVENUES NOT COLLECTED BECAUSE OF THIS ADDITIONAL DEPRECIATION; AND TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY AND DEPRECIATION OF MANUFACTURER'S MACHINERY AND EQUIPMENT FOR PURPOSES OF THE PROPERTY TAX, SO AS TO CONFORM IT TO THE PROVISIONS OF SECTION 12-37-935 AS ADDED BY THIS ACT.

A. Article 5, Chapter 37, Title 12 of the 1976 Code is amended by adding:

"Section 12-37-935. (A) Except as provided in Section 12-37-930 for custom molds and dies used in the conduct of manufacturing electronic interconnection component assembly devices for computers and computer peripherals, and equipment used in the manufacture of tires by manufacturers who employ more than five thousand employees in this State and have over one billion dollars in capital investment in this State, the original cost must not be reduced more than the percentage provided in the following schedule:

Property Tax Year Maximum Percentage Depreciation

Before 1996 80 percent

199682 percent

199784 percent

199886 percent

199988 percent

After 1999 90 percent.

B. The penultimate paragraph of Section 12-37-930 of the 1976 Code, as last amended by Act 231 of 1996, is further amended to read:

"In no event may the original cost be reduced by more than eighty percent as provided in Section 12-37-935, except this limit is ninety percent for: (1) custom molds and dies used in the conduct of manufacturing electronic interconnection component assembly devices for computers and computer peripherals; and (2) equipment used in the manufacture of tires by manufacturers who employ more than five thousand employees in this State and have over one billion dollars in capital investment in this State. Capital investment will be based upon the gross cost of assets in South Carolina as shown on the manufacturer's property tax and fee-in-lieu of property tax filings. In the year of acquisition, depreciation is allowed as if the property were owned for the full year. The term `original cost' means gross capitalized cost, including property on which the taxpayer made the election allowed pursuant to Section 179 of the Internal Revenue Code of 1986, as shown by the taxpayer's records for income tax purposes. For purposes of this paragraph, custom molds and dies used in the conduct of manufacturing electronic interconnection component assembly devices for computers and computer peripherals are molds and dies designed, produced, and conditioned to the special order of a manufacturer. "

C. This section takes effect for property tax years beginning after 1995. /

Amend further, by striking all after Part II and inserting:

SECTION 1. From fiscal year 1994-95 surplus revenues, the following sums are appropriated in order of priority from the general fund of the State for the purposes stated:
1. State House Renovation. . . . .$13,000,000
2. Department of Commerce

Advisory Coordinating Council

for Economic Development. . . . .30,000,000
3. Archives & History Facility. . . . . 4,000,000
4. Local Government Fund. . . . .6,588,619
5. Department of Juvenile Justice
Renovations. . . . .14,000,000
6. Palmetto Trails. . . . .300,000
7. House of Representatives -
Subsistence. . . . .500,000
8. Senate - Operating Expenses. . . . .500,000
9. Judicial Department. . . . .850,000
10. Department of Agriculture

Vehicles and Roof Repairs. . . . .452,000
11. Prosecution Coordination
Commission. . . . .614,053
12. Tec Special Schools. . . . .4,000,000
13. Public Education - Fringe
Equity. . . . .8,500,000
The $8,500,000 allocated to the State Department of Education for Public Education - Fringe Equity must not be expended in Fiscal Year 1995-96, but must be carried forward to Fiscal Year 1996-97 and distributed to school districts in accordance with Section 59-21-160 of the Code of Laws of South Carolina, 1976.
14. Department of Corrections

Vehicles/Maintenance of

Equipment. . . . .2,000,000
Other Operating Expenses. . . . .3,813,445
15. Forestry Commission
Pine Beetle Eradication. . . . .200,000
H. Cooper Black Field Trial
Area. . . . .100,000
16. Clemson PSA Contractual Services. . . . .300,000
17. USC Law School. . . . .330,000

SECTION 2.With respect to appropriations in Section 1 of this Part:

(1) Appropriations in Section 1 are in priority order and each appropriation must be fully funded before the next appropriation in order is paid.

(2) Unexpended funds may be carried forward to succeeding fiscal years and used for the same purposes.

SECTION 3.This Part takes effect upon approval by the Governor.

SECTION 1. (A) The sources of general fund surplus revenues appropriated in this Part are as follows:

(1) $64,203,298 Pursuant to Section 11-11-140

of the 1976 Code (Carnell-

Felder)

(2) 74,188,925 Projected Fiscal Year 1995-96

Surplus

(3) 508,869Lapse of Federal Retiree

Refunds

(B) Notwithstanding any other provision of law, the Department of Revenue and Taxation shall remit to the general fund, before the close of fiscal year 1995-96, the amount of $508,869. This amount represents unexpended appropriations from the Federal Retiree Lawsuit Settlement Fund.

SECTION 2. From such fiscal year 1995-96 surplus general funds revenues as are available, the following sums are appropriated from the general fund of the State for the purposes stated:

(1) Property Tax Relief Fund. . . . .64,203,298

(2) General Reserve Fund. . . . .6,271,409

(3) 1995 Property Tax Relief Fund. . . . .8,238,094

(4) Local Government Fund. . . . .25,124,847

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