Printed Page 2170, May 1
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Printed Page 2170, May 1
| Printed Page 2190, May 1
| There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD4676.001), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION ___. Section 12-21-3340 of the 1976 Code is amended to read:
"Section 12-21-3340. (A) To conduct bingo, an applicant nonprofit organization shall file with the commission a written application in a form prescribed by the commission, executed and notarized which must include:
(1) the name and address of the applicant and sufficient facts relating to its incorporation and organization to enable the commission to determine whether it is an authorized organization;
(2) a copy of the organization's corporate charter and the Internal Revenue Service's statement exempting the applicant from federal income taxes as either a 501(c)(3), 501(c)(8), or 501(c)(10) organization;
(3) the names and addresses of the organization's officers;
(4) the place where and the times when the applicant intends to conduct bingo under the license applied for;
(5) the specific purpose to which the bingo net proceeds are to be devoted;
(6) the designation of a `promoter' as defined by this article;
(7) a copy of any contract or lease between a promoter and the applicant;
(8) the name, address, and social security number of each person who will work at the proposed bingo games and receive compensation for the work, the nature of the work to be performed, and a statement as to whether or not the person has been convicted within the last twenty years of a felony, gambling offense, criminal fraud, or a crime that has a sentence of two or more years;
(9) submit a sample ticket, Class AA or B, for approval and the name and address of the printer;
(11) other information considered necessary by the commission.
(B) Upon application for a license, the commission has thirty days to approve or reject the application based on the requirements of this article.
(C) Each applicant or licensee is required to file a renewal application each year submitting all the information and documentation required by this section.
(D) The nonprofit organization is required within thirty days to notify the commission, in writing, of any changes in the information supplied on the application."
SECTION ___. Section 12-21-3350 of the 1976 Code is amended to read:
"Section 12-21-3350. (A) A promoter under contract with a licensee to manage, operate, or conduct a game shall file a written application for a promoter's license in a form prescribed by the commission, properly executed and notarized which must include:
(1) the name, address, and social security number of the promoter or of each officer if the promoter is a corporation;
(2) a copy of the promoter's contract or lease with the nonprofit organization;
(3) the name and address and social security number of any person working for the promoter at the bingo game and receiving compensation for the work;
(4) a notarized statement as to whether or not the applicant for a promoter's license or any of his employees has been convicted within the last twenty years of a felony, gambling offense, criminal fraud, or a crime that has a sentence of two or more years.
(B) Upon application for a license, the commission has thirty days to approve or reject the application based on the requirements of this article.
(C) Each promoter is required to file a renewal application each year submitting all the information and documentation required by this section.
(D) The license authorized by this section is for the privilege of engaging in business as a bingo promoter and must be purchased from the commission at a cost of one thousand dollars a year.
A promoter shall obtain a promoter's license for each organization for which he operates bingo games.
(E) The promoter is required within thirty days to notify the commission, in writing, of any changes in the information supplied on the application."
"Section 12-21-3470. A person who has been convicted within the last twenty years of violating a state or federal statute relating to gaming or gambling, a crime that has a sentence of two or more years, or, where applicable, whose promoter's license has been revoked by the commission is not permitted to manage or conduct a game or assist in any manner with the bingo operation."/
Renumber sections to conform.
Amend title to conform.
Senator HOLLAND explained the amendment.
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 SENATE PROCEEDED TO A CONSIDERATION OF H. 4600, THE GENERAL APPROPRIATION BILL.
H. 4600 -- GENERAL APPROPRIATION BILL
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator FAIR proposed the following Amendment No. 91 (GJK\22780SD.96), which was ruled out of order:
Amend the bill, as and if amended, Part II, by adding a new section to read:
TO AMEND SECTION 58-27-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "ELECTRICAL UTILITY", SO AS TO PROVIDE THAT THIS TERM DOES NOT INCLUDE A PERSON, CORPORATION, LIMITED LIABILITY COMPANY, OR MUNICIPALITY FURNISHING ELECTRICITY ONLY TO HIMSELF OR ITSELF, THEIR RESIDENTS, EMPLOYEES, OR TENANTS OR TO ANY INDUSTRIAL FACILITY FOR ITS OWN USE, SO LONG AS ELECTRICITY FURNISHED TO THE INDUSTRIAL FACILITY IS GENERATED AT OR ADJACENT
The 1976 Code is amended to read:
A. The seventh paragraph of Section 58-27-10 of the 1976 Code is amended to read:
"The term `electrical utility' includes municipalities to the extent of their business, property, rates, transactions, and operations without the corporate limits of the municipality, persons and corporations, their lessees, assignees, trustees, receivers, or other successors in interest owning or operating in this State equipment or facilities for generating, transmitting, delivering, or furnishing electricity for street, railway, or other public uses or for the production of light, heat, or power to or for the public for compensation; but it shall not include an electric cooperative or a consolidated political subdivision and shall not include a person, corporation, limited liability company, or municipality furnishing electricity only to himself or itself, their residents, employees, or tenants or to any industrial facility for its own use, so long as electricity furnished to the industrial facility is generated at or adjacent to the industrial facility, when such current is not resold or used by others."
B. This section takes effect upon approval by the Governor./
Amend sections, totals and title to conform.
Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
The PRESIDENT sustained the Point of Order.
Amendment No. 91 to H. 4600, the General Appropriation Bill, deals with a very complex issue that is of critical importance to a growing number of manufacturing and industrial concerns in our State.
You see, in my quest to find $110,000 for the Children's Committee, this idea, which is in committee in bill form, offered an opportunity to provide new funding for the State and, hopefully, for my committee.
The amendment involves companies that currently have power generators on their manufacturing sites which provide the majority of their own electrical needs. These companies want the ability that 22 other states already provide to sell these power generators to a third party and buy the power back from this newly created entity.
There are economic advantages to the companies to sell their generators and buy back the power.
The utilities' community has pledged to work with this business group toward a consensus that would allow the unregulated `one customer providers' to co-exist with unregulated and regulated utility providers.
Senator ELLIOTT proposed the following Amendment No. 112 (JUD4600.008), which was ruled out of order:
Amend the bill, as and if amended, Part II, by adding a new section to read:
/
TO ADD SECTION 57-3-617 OF THE 1976 CODE, RELATING TO THE DUTIES OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO THAT THE TRANSPORTATION COMMISSION MAY IMPOSE TOLL CHARGES ON THOSE PORTIONS OF INTERSTATE HIGHWAYS WHICH ARE LOCATED IN SOUTH CAROLINA; DETERMINE THE LOCATION OF TOLL FACILITIES AND AMOUNT OF TOLLS; AND PROVIDE THAT PROCEEDS GENERATED BY THESE TOLLS BE DEPOSITED IN A SEPARATE ACCOUNT DESIGNATED AS THE "NEW HIGHWAY CONSTRUCTION TRUST FUND."
A. Section 57-3-617 of the 1976 Code is added to read:
"Notwithstanding any other provision of law, the Transportation Commission may impose toll charges on those portions of interstate highways which are located in South Carolina. The location and general operation of toll facilities and the amount of tolls charged must be determined by the Commission. Proceeds generated from these tolls must be deposited in a separate account designated as the "New Highway Construction Trust Fund."/.
Amend sections, totals and title to conform.
Senator ELLIOTT explained the amendment.
Senators PASSAILAIGUE and WILSON raised a Point of Order that the amendment was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase... new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act."
Senator WILSON spoke on the Point of Order.
Senator ELLIOTT spoke on the Point of Order.
Senator DRUMMOND spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
Senator ELLIOTT proposed the following Amendment No. 115 (JIC\5965HTC.96), which was ruled out of order:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-36-2120, AS AMENDED, OF THE 1976 CODE, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR GASOLINE AND OTHER MOTOR FUELS TAXES EXCEPT FOR FUELS USED IN FARM MACHINERY, FARM TRACTORS, AND COMMERCIAL FISHING VESSELS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 57-11-25, SO AS TO DEDICATE ONE HUNDRED PERCENT OF THE ADDITIONAL REVENUE ATTRIBUTABLE TO THE SALES TAX ON GASOLINE AND OTHER MOTOR FUELS TO A SEPARATE NEW HIGHWAY CONSTRUCTION TRUST FUND AND USED TO MATCH FEDERAL HIGHWAY FUNDS AND FOR THE DIRECT CONSTRUCTION OF NEW HIGHWAYS, AND TO REQUIRE EARNINGS OF THE FUND TO BE CREDITED TO IT.
A. Section 12-36-2120(15) of the 1976 Code, as last amended by Act 516 of 1994, is further amended to read:
"(15) (a) gasoline and other fuels subject to tax under Chapter 27 of Title 12; however, gasoline used in aircraft is not exempt from the sales and use tax;
(b) fuels subject to tax under Chapter 29 of Title 12; however, if the fuel tax is subsequently refunded under Section 12-29-380, the sales or use tax is due unless otherwise exempt, and the person receiving the refund is liable for the sales or use tax;
(d)(b) fuels used in commercial fishing vessels."
B. Article 1, Chapter 11, Title 57 of the 1976 Code is amended by adding:
"Section 57-11-25. One hundred percent of the revenue derived from the application of Chapter 36 of Title 12, The South Carolina Sales and Use Tax Act, to retail sales of gasoline and other motor fuels subject to the tax imposed pursuant to Chapter 28 of Title 12 must be credited to a separate fund, styled the `New Highway Construction Trust Fund' proceeds of which must be used only to match federal highway funds or used directly for new highway constructions. Earnings of the fund must be credited to it and used for the same purposes."
C. This section takes effect July 1, 1996./
Amend sections, totals and title to conform.
Senator ELLIOTT explained the amendment.
Senator BRYAN raised a Point of Order that the amendment was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase... new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act."
The PRESIDENT sustained the Point of Order.
Senator ELLIOTT proposed the following Amendment No. 116 (JIC\5968HTC.96), which was ruled out of order:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-36-2120, AS AMENDED, OF THE 1976 CODE, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR GASOLINE AND OTHER MOTOR FUELS TAXES EXCEPT FOR FUELS USED IN FARM MACHINERY, FARM TRACTORS, AND COMMERCIAL FISHING VESSELS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 57-11-25, SO AS TO DEDICATE ONE HUNDRED PERCENT OF THE ADDITIONAL REVENUE ATTRIBUTABLE TO THE SALES TAX ON GASOLINE AND OTHER MOTOR FUELS TO A SEPARATE NEW
A. Section 12-36-2120(15) of the 1976 Code, as last amended by Act 516 of 1994, is further amended to read:
"(15) (a) gasoline and other fuels subject to tax under Chapter 27 of Title 12; however, gasoline used in aircraft is not exempt from the sales and use tax;
(b) fuels subject to tax under Chapter 29 of Title 12; however, if the fuel tax is subsequently refunded under Section 12-29-380, the sales or use tax is due unless otherwise exempt, and the person receiving the refund is liable for the sales or use tax;
(c)(a) fuels used in farm machinery and farm tractors; and
(d)(b) fuels used in commercial fishing vessels."
B. Article 1, Chapter 11, Title 57 of the 1976 Code is amended by adding:
"Section 57-11-25. One hundred percent of the revenue derived from the application of Chapter 36 of Title 12, The South Carolina Sales and Use Tax Act, to retail sales of gasoline and other motor fuels subject to the tax imposed pursuant to Chapter 28 of Title 12 must be credited to a separate fund, styled the `New Highway Construction Trust Fund' proceeds of which must be used only to match federal highway funds or used directly for new highway constructions. Earnings of the fund must be credited to it and used for the same purposes."
C. This section takes effect January 1, 1997./
Amend sections, totals and title to conform.
Senator ELLIOTT explained the amendment.
Senator PASSAILAIGUE raised a Point of Order that the amendment was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase... new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act." The PRESIDENT sustained the Point of Order.
Senator RANKIN proposed the following Amendment No. 122 (JUD4600.007), which was adopted:
Amend the bill, as and if amended, Part II, page 662, line 37, by adding a new section to read:
/
TO REQUIRE THE CODE COMMISSIONER TO CHANGE ALL REFERENCES IN THE ACTS AND JOINT RESOLUTIONS OR THE 1976 CODE FROM "DEPARTMENT OF REVENUE AND TAXATION" TO "DEPARTMENT OF REVENUE."
Whenever the term "Department of Revenue and Taxation" appears in the Acts and Joint Resolutions of the General Assembly or the 1976 Code of Laws of South Carolina, it shall mean the "Department of Revenue." The Code Commissioner is directed to change all such references at such time and in such manner as may be timely and cost-effective./
Amend sections, totals and title to conform.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator RYBERG proposed the following Amendment No. 123A (4600R208.WGR), which was adopted:
Amend the bill, as and if amended, Part II, page 662, after line 34, by adding an appropriately numbered new SECTION to read:
/
TO AMEND SECTION 6-27-40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF MONIES APPROPRIATED TO THE LOCAL GOVERNMENT FUND, SO AS TO PROHIBIT A MUNICIPALITY IN VIOLATION OF SECTION 5-7-65 OR SECTION 5-31-1940 FROM RECEIVING A DISTRIBUTION; AND TO AMEND CHAPTER 7, TITLE 5 OF THE 1976 CODE, RELATING TO THE POWER AND FUNCTIONS OF MUNICIPALITIES, BY ADDING SECTION 5-7-65 AND TO AMEND ARTICLE 19, CHAPTER 31, TITLE 5 OF THE 1976 CODE, RELATING TO CONTRACTS FOR MUNICIPAL SERVICES WITHIN AND WITHOUT CITY LIMITS, BY ADDING SECTION 5-31-1940, SO AS TO PROVIDE THAT A MUNICIPALITY MAY NOT, BY ORDINANCE OR OTHERWISE, IMPOSE UPON A CUSTOMER RECEIVING FIRE PROTECTION SERVICES OR RECEIVING WATER AND SEWER SERVICES FROM
A. Section 6-27-40 of the 1976 Code is amended by adding an appropriately numbered new subsection to read:
"( ) No municipality which is in violation of Section 5-7-65 or Section 5-31-1940 may receive a distribution under subsection (A)."
B. Chapter 7, Title 5 of the 1976 Code is amended by adding:
"Section 5-7-65. Notwithstanding any other provision of law and effective July 1, 1996, or in the case of a commercial customer effective October 1, 1996, a municipality may not, by ordinance or otherwise, impose upon a customer receiving fire protection services from the municipality whose property is without the corporate limits of the municipality, or upon a subsequent purchaser, assignee, transferee or other successor in interest to the property served, a requirement that the customer refrain from opposing annexation or consent to annexation as a condition of continued receipt of fire protection services, if the municipality has:
(1) prior to July 1, 1996, or in the case of a commercial customer prior to October 1, 1996, extended fire protection services to the customer, pursuant to a contractual agreement which did not contain, prior
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