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Alexander         Cork             Courson

Courtney          Drummond         Elliott

Ford              Giese            Glover

Hayes             Holland          Jackson

Lander            Leatherman       Leventis

Martin            Matthews         McGill

Mescher           Moore            O'Dell

Passailaigue      Patterson        Peeler

Rankin            Reese            Richter

Rose              Russell          Ryberg

Saleeby           Setzler          Short

Smith, G.         Smith, J.V.      Stilwell

Thomas            Waldrep          Williams

Wilson

The Bill was read the third time, passed and ordered sent to the House of Representatives.

At 11:40 A.M., the PRESIDENT assumed the Chair.

S. 757 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-16-75 SO AS TO PROHIBIT A SPECIAL INSPECTOR FROM PERFORMING ELEVATOR INSPECTIONS ON AN ELEVATOR ON WHICH HE OR HIS EMPLOYER HAS A CURRENT SERVICE OR WARRANTY CONTRACT.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

The Labor, Commerce and Industry Committee proposed the following amendment (PT\2024DW.95), which was adopted:

Amend the bill, as and if amended, page 1, line 25, by inserting after /contract./ the following sentence:

/A violation of this section is grounds for revocation of a special inspector's license by the department./

Amend title to conform.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

The following Bills and Joint Resolutions having been read the second time were ordered placed on the third reading Calendar:

H. 4198 -- Reps. Koon, Gamble, Knotts, Wright, Stuart and Riser: A BILL TO AMEND SECTION 7-7-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO REDESIGNATE THE PRECINCTS.

S. 842 -- Senator Saleeby: A BILL TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO REVISE THE MAP REFERENCE WHICH DEFINES THE LINES OF THESE VOTING PRECINCTS, DELETE ARCHAIC REFERENCES AND PROVIDE THAT POLLING PLACES BE

On motion of Senator SALEEBY, S. 842 was ordered to receive a third reading on Thursday, May 18, 1995.

S. 847 -- Senator Bryan: A BILL TO AMEND ACT 779 OF 1988, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES FOR LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO REVISE THE BOUNDARIES OF THE SINGLE-MEMBER DISTRICTS FROM WHICH TRUSTEES ARE ELECTED.

(By prior motion of Senator BRYAN)

On motion of Senator BRYAN, S. 847 was ordered to receive a third reading on Thursday, May 18, 1995.

S. 840 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION - BOARD OF ACCOUNTANCY, RELATING TO REVOCATION OF REGISTRATION AND PENALTIES FOR REINSTATEMENT, OFFICE REGISTRATION, AND RESPONSIBILITIES AND PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1818, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator PASSAILAIGUE explained the Resolution.

S. 841 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION - REAL ESTATE COMMISSION, RELATING TO TEACHING METHODS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1846, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4043 -- Reps. Simrill and Elliott: A JOINT RESOLUTION TO EXTEND THE EFFECTIVE DATE OF SECTIONS 3 AND 4 OF ACT 463 OF 1994, RELATING TO HOME AND COMMERCIAL INSPECTORS.

The Senate proceeded to a consideration of the Resolution. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

The Labor, Commerce and Industry Committee proposed the following amendment (BBM\10297JM.95), which was adopted:

Amend the joint resolution, as and if amended, by striking SECTION 1 on page 1 and inserting:

/SECTION 1. The effective date of Sections 3 and 4 of Act 463 of 1994 is extended until permanent regulations establishing minimum qualifications and fees for licensure can be established, but in no event any later than March 1, 1996./

Amend title to conform.

There being no further amendments, the Resolution was read the second time and ordered placed on the third reading Calendar.

S. 829 -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME U.S. HIGHWAY 527 FROM THE SUMTER COUNTY LINE TO THE WILLIAMSBURG COUNTY LINE IN CLARENDON COUNTY THE JAMES HUGH MCFADDIN HIGHWAY AND TO PLACE APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY REFLECTING THE DESIGNATION.

The Concurrent Resolution was adopted, ordered sent to the House.

H. 4064 -- Rep. Cato: A BILL TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING ACT, SO AS TO DEFINE "MOBILE HOME" AND TO REVISE THE DEFINITION OF "MANUFACTURED HOME"; TO AMEND SECTION 40-29-40, RELATING TO STATE POLICY FOR SAFETY IN CONSTRUCTION OF MANUFACTURED HOMES, SO AS TO PROVIDE THAT THIS CHAPTER ALSO APPLIES TO MOBILE HOMES; AND TO AMEND SECTION 40-29-100, AS AMENDED, RELATING TO LICENSURE TO SELL MANUFACTURED HOMES, SO AS TO PROVIDE THAT GROUNDS FOR DENYING A LICENSE INCLUDE CRIMINAL CONDUCT AND VIOLATION OF CHAPTER 29, TITLE 40.

Senator THOMAS objected.

S. 456 -- Senators McConnell and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-115 SO AS TO PROVIDE THAT A FAMILY COURT-APPOINTED GUARDIAN AD LITEM IS IMMUNE FROM LIABILITY FOR ACTS OR OMISSIONS RELATING TO THE COURT APPOINTMENT; AND TO REPEAL SECTION 20-7-127 RELATING TO LIMITED IMMUNITY OF VOLUNTEER GUARDIANS AD LITEM IN FAMILY COURT PROCEEDINGS.

On motion of Senator ROSE, the Bill was carried over.

H. 3416 -- Reps. L. Whipper, Harrell, S. Whipper, Witherspoon, Shissias, Lloyd, Breeland, Dantzler, Hutson and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-197 SO AS TO REQUIRE THE REPORTING OF CERTAIN FINANCIAL INFORMATION BY EACH MEDICAL SCHOOL RECEIVING AN APPROPRIATION FROM THE STATE.

On motion of Senator PASSAILAIGUE, the Bill was carried over.

H. 4042 -- Reps. Simrill and Elliott: A JOINT RESOLUTION TO PROVIDE FOR TEMPORARY QUALIFICATIONS AND FEES FOR LICENSURE AS A HOME INSPECTOR.

On motion of Senator BRYAN, the Resolution was carried over.

On motion of Senator BRYAN, the Bill was carried over.

H. 4030 -- Reps. Fair, Allison and Cobb-Hunter: A JOINT RESOLUTION TO ESTABLISH THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES, TO PROVIDE FOR ITS MEMBERSHIP OF THREE MEMBERS OF THE HOUSE OF REPRESENTATIVES, THREE MEMBERS OF THE SENATE, AND THREE GUBERNATORIAL APPOINTEES, AND TO FURTHER PROVIDE THAT THE COMMITTEE SHALL STUDY ISSUES RELATING TO CHILDREN AND FAMILIES AS DIRECTED OR REQUESTED BY THE GENERAL ASSEMBLY.

On motion of Senator MOORE, the Resolution was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

H. 4138 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-145 SO AS TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT WHEN A FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator PASSAILAIGUE spoke on the Bill.

Senator PASSAILAIGUE made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator PASSAILAIGUE moved that a call of the Senate be made. The following Senators answered the call:

Alexander         Bryan            Cork

Courson           Courtney         Drummond

Elliott           Ford             Giese

Glover            Gregory          Hayes

Holland           Lander           Leatherman

Leventis          Martin           McConnell

McGill            Mescher          Moore

Passailaigue      Patterson        Peeler

Rankin            Reese            Richter

Rose              Russell          Ryberg

Setzler           Short            Smith, G.

Smith, J.V.       Stilwell         Thomas

Waldrep           Washington       Wilson

A quorum being present, the Senate resumed.

Senators JACKSON, MATTHEWS, O'DELL, SALEEBY and WILLIAMS recorded their presence subsequent to the Call of the Senate.

Senator PASSAILAIGUE proposed the following Amendment No. 2 (4138R004.ELP), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:

SECTION 1. The State Election Commission shall conduct a statewide referendum on November 7, 1995, on the question of raising the sales tax in order to provide property 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 director of the Department of Revenue and Taxation and the Code Commissioner. The referendum question must read substantially as follows:

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'."

SECTION 1. A. Article 3, Chapter 7, Title 12 of the 1976 Code is amended by adding:

"Section 12-7-211. (A) For taxable years beginning after 1995, a tax at the rate of six percent is imposed on the South Carolina taxable income of individuals, estates, and trusts.

(B) For purposes of the tax imposed by this section, South Carolina taxable income is the taxpayer's adjusted gross income as defined under the Internal Revenue Code with the modifications specified in subsection (C) of this section.

(C) There is allowed as a deduction from South Carolina adjusted gross income interest income on obligations of the United States.

B. Article 3, Chapter 7, Title 12 of the 1976 Code is amended by adding:

"Section 12-7-220. There is allowed as a non-refundable credit against the tax due imposed pursuant to Section 12-7-211 an amount equal to three hundred fifty-five dollars for each individual taxpayer and dependent claimed by the taxpayer on the taxpayer's federal income tax return. This credit is reduced by an amount equal to $12.50 for each one thousand dollars in excess of fifty thousand dollars reported on the taxpayer's South Carolina individual income tax return. If a dependent claimed on the taxpayer's federal return files a separate return, the dependent is not allowed the credit provided under this section."

D. Individual income tax revenues produced pursuant to the tax imposed by Section 12-7-211 of the 1976 Code that exceed the revenues that would have been produced by the tax imposed by Section 12-7-210 as repealed by this act must be credited to the Property Tax Relief Fund.

SECTION 2. Chapter 36, Title 12 of the 1976 Code is amended by adding:

Section 12-36-1110. An additional sales, use, and casual excise tax equal to one percent is imposed on amounts taxable pursuant to this chapter. Revenue of the tax imposed pursuant to this article must be credited to the Property Tax Relief Fund in the State Treasury, a fund separate and distinct from the general fund of the State.

Section 12-36-1120. (A) The revenues in the Property Tax Relief Fund must be distributed quarterly beginning October first of each year by the Comptroller General to reimburse property taxing jurisdictions a sum equal to that not collected in the jurisdiction for property tax year 1996 because of Section 12-37-257. If insufficient revenues are available in the Property Tax Relief Fund to pay the required reimbursements, the Comptroller General shall pay the difference from the general fund of the State. County treasurers and municipal governing bodies where appropriate shall file quarterly reports of estimated revenue losses with the Comptroller General in the manner and at the time the Comptroller General directs. After making any changes necessary to ensure accuracy, the Comptroller General shall make reimbursements based on these estimates. The final accounting for the fiscal year must be filed in the manner provided for homestead exemption reimbursements in Section 12-37-270, mutatis mutandis. For purposes of future distributions, property tax year 1996 is deemed the base year.

(B) Reimbursements for subsequent tax years must equal the base year reimbursement from all sources. The school portion is determined by multiplying revenues above the adjusted base year amount by the ratio that school tax reimbursements represented of total reimbursements from the Property Tax Relief Fund for tax year 1996. These funds must be distributed to school districts through the provisions of the Education

SECTION 3. Section 12-36-940 of the 1976 Code is amended to read:

"Section 12-36-940. Every retailer may add to the sales price:

(1) no amount on sales of ten cents or less;

(2) one cent on sales of eleven cents and over, but not in excess of twenty cents;

(3) two cents on sales of twenty-one cents and over, but not in excess of forty cents;

(4) three cents on sales of forty-one cents and over, but not in excess of sixty cents;

(5) four cents on sales of sixty-one cents and over, but not in excess of eighty cents;

(6) five cents on sales of eighty-one cents and over, but not in excess of one dollar;

(7) one cent additional for each twenty cents or major fraction thereon in excess of one dollar.

The inability, impracticability, refusal, or failure to add these amounts to the sales price and collect from the purchaser does not relieve the taxpayer from the tax levied by this article.

A retailer may add the amount of the tax to the sales price and the department shall prescribe tables providing the amount to be added to the sales price consistent with the total rate of the tax."

SECTION 4. A. The gross proceeds of sales of tangible personal property delivered after June 30, 1996, in this State, either under the terms of a construction contract executed before July 1, 1996, or a written bid submitted before July 1, 1996, culminating in a construction contract entered into before or after July 1, 1996, are exempt from the tax provided in Section 12-36-1110 of the 1976 Code if a verified copy of the contract is filed with the South Carolina Department of Revenue and Taxation before January 1, 1997.

B. Notwithstanding the date of general imposition of the tax imposed pursuant to Section 12-36-1110 of the 1976 Code, with respect to services that are regularly billed on a monthly basis, the tax is imposed beginning on the first day of the billing period beginning on or after July 1, 1996.

SECTION 5. Section 11-11-140(D) of the 1976 Code is amended to read:

"(D) Appropriations from surplus may not be made before the first meeting of the General Assembly following the Comptroller General's closing of the books on the fiscal year in which the surplus occurred and

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