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Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senator ROSE proposed the following Amendment No. 158 (3362R229.MTR), which was tabled:

Amend the bill, as and if amended, Part II, on page 601, after line 31, by adding a new section to read:

A. Section 12-43-280 of the 1976 Code is amended by adding an appropriately numbered new subsection to read:

"( ) In the year following reassessment, the ad valorem tax on an owner occupied residence shall not be increased in an amount greater than five percent above the cumulative increase in the consumer price index calculated from the year in which the last reassessment occurred."/

Amend sections, totals and title to conform.

Senator ROSE explained the amendment.

Senator LAND moved to lay the amendment on the table.

Having voted on the prevailing side, Senator LAND asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 158 (3362R229.MTR) proposed by Senator ROSE, was laid on the table.

The motion to reconsider was adopted.

The Senate proceeded to a consideration of the Amendment No. 158. Senator ROSE explained the amendment.

Senator LEATHERMAN raised a Point of Order that the amendment was out of order inasmuch as the amendment was not germane to the Bill.

The PRESIDENT took the Point of Order under advisement.

Amendment No. 158 was later ruled out of order.

Senator ROSE proposed the following Amendment No. 159 (3362R228.MTR), which was later tabled:

Amend the bill, as and if amended, Part II, on page 601, after line 31, by adding a new section to read:

A. Section 12-43-280 of the 1976 Code is amended by adding an appropriately numbered new subsection to read:

"( ) In the year following reassessment, the ad valorem tax on an owner occupied residence shall not be increased in an amount greater than the cumulative increase in the consumer price index calculated from the year in which the last reassessment occurred."/

Amend sections, totals and title to conform.

Senator LAND moved that the amendment be adopted.

Having voted on the prevailing side, Senator LAND asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 159 (3362R228.MTR) proposed by Senator ROSE, was laid on the table.

The motion to reconsider was adopted.

The Senate proceeded to a consideration of Amendment No. 159.

Senator ROSE explained the amendment.

Senator LEATHERMAN raised a Point of Order that the amendment was out of order inasmuch as the amendment was not germane to the Bill.

The PRESIDENT took the Point of Order under advisement.

Amendment No. 159 was later ruled out of order.

Senators PEELER, LANDER, SHORT and LAND proposed the following Amendment No. 160A (17318AC.95), which was adopted:

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

A. Section 14-1-206(C) of the 1976 Code, as added by Part II, Section 36B, Act 497 of 1994, is amended to read:

"(C) The State Treasurer shall deposit the assessments as follows:

(2) 16.52 percent to the Department of Public Safety program of training in the fields of law enforcement and criminal justice;

(3) .5 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the Department of Public Safety the department may retain the surplus for use in its law enforcement training programs;

(4) 16.21 percent to the Office of Indigent Defense for the defense of indigents;

(5) 13.26 percent for the State Office of Victim Assistance;

(6) 6.34 5.34 percent to the general fund.;

(7) 1.0 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, `complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved has expended more than two hundred fifty thousand dollars for a particular case in direct support of operating the Court of General Sessions and for prosecution related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds may be paid to a county for all expenditures authorized for reimbursement under this item including the two hundred and fifty thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a `first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the General Fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year."

B. Section 14-1-207(C) of the 1976 Code, as added by Part II, Section 36B, Act 497 of 1994, is amended to read:

"(C) The State Treasurer shall deposit the assessments as follows:

(1) 35.12 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;

(3) .65 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the Department of Public Safety the department may retain the surplus for use in its law enforcement training programs;

(4) 20.42 percent for the State Office of Victim Assistance;

(5) 9.94 8.94 percent to the general fund;

(6) 11.38 percent to the Office of Indigent Defense for the defense of indigents.;

(7) 1.0 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, `complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved has expended more than two hundred fifty thousand dollars for a particular case in direct support of operating the Court of General Sessions and for prosecution related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds may be paid to a county for all expenditures authorized for reimbursement under this item including the two hundred and fifty thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a `first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the General Fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year."

C. Section 14-1-208(C) of the 1976 Code, as added by Part II, Section 36B, Act 497 of 1994, is amended to read:

"(C) The State Treasurer shall deposit the assessments as follows:

(1) 25.79 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;

(2) 25.5 percent to the Department of Public Safety program of training in the fields of law enforcement and criminal justice;

(4) 19.06 percent for the State Office of Victim Assistance;

(5) 7.97 6.97 percent to the general fund;

(6) 19.38 percent to the Office of Indigent Defense for the defense of indigents;

(7) 1.63 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities.;

(8) 1.0 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, `complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved has expended more than two hundred fifty thousand dollars for a particular case in direct support of operating the Court of General Sessions and for prosecution related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds may be paid to a county for all expenditures authorized for reimbursement under this item including the two hundred and fifty thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a `first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the General Fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year."

D. This section takes effect July 1, 1995./

Amend sections, totals and title to conform.

Senator PEELER argued in favor of the adoption of the amendment.

Senator PEELER moved that the amendment be adopted.

The amendment was adopted.

Senator PEELER proposed the following Amendment No. 162 (JIC\5958HTC.95), which was later adopted:

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

A. Section 12-36-2680 of the 1976 Code, as added by Section 127A, Part II, Act 497 of 1994, is amended to read:

"Section 12-36-2680. The department shall prescribe an exemption certificate for use by persons purchasing items exempt pursuant to items (5), (6), (7), (16), (18), (23), (32), and (44) of Section 12-36-2120. This exemption certificate may be presented upon each purchase by the holder or the retailer may keep on file a copy of the certificate. When an exempt sale is made pursuant to a certificate on file, the purchaser must note on the purchase invoice the exempt items, state the items are to be used for exempt purposes, and sign the invoice. When the purchase order meets the requirements of this section, the liability for any tax determined to be due is solely on the purchaser."

B. This section applies with respect to a certificate maintained on file by a retailer for sales on or after January 1, 1995./

Amend sections, totals and title to conform.

Senator PEELER explained the amendment.

Senator LEATHERMAN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT took the Point of Order under advisement.

Senators HOLLAND, GIESE, THOMAS, McGILL and FORD proposed the following Amendment No. 168 (PT\1977HTC.95), which was adopted:

Amend the bill, as and if amended, Part II, on page 601 after line 31, by adding a new section appropriately numbered to read:

Notwithstanding the provisions of Chapter 7, Title 12 of the 1976 Code and for taxable year 1995 only, there is allowed as a deduction from the South Carolina taxable income of individuals income received in the form of the Milken Family Foundation National Educator Award./

Amend sections, totals and title to conform.

Senator HOLLAND argued in favor of the adoption of the amendment.

Senator HOLLAND moved that the amendment be adopted.

The amendment was adopted.

Senator PASSAILAIGUE proposed the following Amendment No. 171 (JIC\5953HTC.95), which was adopted:

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

A. Section 12-36-60 of the 1976 Code, as added by Act 612 of 1990, is amended to read:

"Section 12-36-60. `Tangible personal property' means personal property which may be seen, weighed, measured, felt, touched, or which is in any other manner perceptible to the senses. It also includes services

B. This section takes effect July 1, 1995./

Amend sections, totals and title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator LEATHERMAN moved that the amendment be adopted.

The amendment was adopted.

Senator THOMAS proposed the following Amendment No. 177 (GJK\21953HTC.95), which was later substituted by Amendment No. 177A (3362R312.DLT) and adopted:

Amend the bill, as and if amended, Part II, by adding an appropriately-numbered section at the end to read:

The 1976 Code is amended by adding:

"Section 2-3-25. If a member of the General Assembly resigns or is expelled, he must repay any compensation he has received for that year on a pro rata basis. The Clerk of the Senate or the Clerk of the House of Representatives, as appropriate, shall request the repayment of the compensation paid. If the member does not repay the monies he has received within thirty days of the date of request by the clerk, the Comptroller General is authorized to deduct the appropriate amount from any retirement benefits the member may receive and remit this amount to the credit of the general fund of the State."/

Amend sections, totals and title to conform.

Senator LEATHERMAN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senators THOMAS and LEATHERMAN spoke on the Point of Order.

The PRESIDENT took the Point of Order under advisement.

Senator PASSAILAIGUE proposed the following Amendment No. 174 (PFM\7463BDW.95), which was adopted:

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

A. Section 12-36-910, as last amended by Act 361 of 1992, is further amended by adding an appropriately lettered subsection to read:

"( ) Notwithstanding other provisions in this article or Article 13, Chapter 36, of this title, the sales or use tax imposed by those articles does not apply to the gross proceeds accruing or proceeding from charges for or use of data processing. As used in this subsection, `data processing' means the manipulation of information furnished by a customer through all or part of a series of operations involving an interaction of procedures, processes, methods, personnel, and computers. It also means the electronic transfer of or access to that information. Examples of the processing include, without limitation, summarizing, computing, extracting, storing, retrieving, sorting, sequencing, and the use of computers."

B. This section takes effect July 1, 1995./

Amend sections, totals and title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

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