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"(H) Job development fees may not be retained by a governmental employer who employs persons at a closed or realigned military installation as defined in Section 12-10-85(E)."

SECTION 18. Section 12-10-90 of the 1976 Code, as added by Act 25 of 1995, is amended to read:

"Section 12-10-90. If a qualifying business fails to achieve the level of capital investment or employment set forth in the revitalization agreement, the department council may terminate the revitalization agreement and reduce or suspend all or any part of the incentives until the time the anticipated capital investment and employment levels are met. However, these incentives must not be suspended retroactively. The council shall provide in the revitalization agreement entered into in connection with a project for the levels of capital investment and employment which must be achieved and for the time period in which the levels must be achieved."

SECTION 19. Section 12-14-30(3)(b) of the 1976 Code, as amended by an act of 1996 bearing ratification number 234, is further amended to read:

"(b) Reserved. a manufacturing facility that has closed or experienced permanent layoffs and notified the Employment Security Commission under the federal Worker Adjustment and Retraining Notification (WARN) Act of 1988. The number of jobs lost must equal twenty-five percent or more of the total workforce in the census tract in which the facility is located at the time the layoff occurred. The job loss must have occurred no more than five years before April 4, 1995, except in any census tract where a catastrophic loss of one thousand or more jobs from a single employer has occurred since 1980 and fewer than half the jobs have been replaced."

SECTION 20. A. Section 12-36-2120 of the 1976 Code, as amended, is further amended by adding the following new items to be appropriately numbered to read:

"( ) Material handling systems and material handling equipment including, but not limited to, racks, whether or not the racks are used to support a facility structure or part thereof, used in the operation of a distribution facility or a manufacturing facility. In order to qualify for this exemption, the taxpayer shall notify the department before the first month it uses the exemption and shall invest at least forty million dollars in any real or personal property in this State over the five-year period beginning on the date provided by the taxpayer to the department in its notices.

B. The first unnumbered item added in Section 12-36-2120 of the 1976 Code by subsection A. of this section takes effect March 1, 1996. The second unnumbered item so added takes effect on the first day of the second month following approval by the Governor.

SECTION 21. Section 12-37-220(B)(33) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(33) All personal property including aircraft of an air carrier including aircraft used in operating which operates an air carrier hub terminal facility in this State for a period of ten consecutive years from the date of qualification, if its qualifications are maintained. An air carrier hub terminal facility is defined in Section 55-11-500."

SECTION 22. Notwithstanding any other provision of law, Section 12-10-80(A) of the 1976 Code, job development fees may be retained for employees hired after December 31, 1995, if the qualified business qualifies under Section 4-12-30(D)(4) of the 1976 Code or Section 4-29-67(D)(4) of the 1976 Code and enters into a revitalization agreement applying to these employees before August 1, 1996.

SECTION 23. Section 4-29-68(A)(2) of the 1976 Code, as last amended by Act 125 of 1995, is further amended to read:

"(2) The bonds are issued solely for the purpose of paying the cost of designing, acquiring, constructing, improving, or expanding the infrastructure serving the issuer and for improved or unimproved real estate used in the operation of a manufacturing or commercial enterprise in order to enhance the economic development of the issuer and costs of issuance of the bonds. For purposes of this section, infrastructure includes improved and unimproved real property. Bonds issued pursuant to this section to finance the acquisition of real or personal property may be additionally secured by a mortgage of that real or personal property."

SECTION 24. A. Section 61-9-312 of the 1976 Code, as amended by Section 75A, Part II, Act 145 of 1995, is further amended to read:

"Section 61-9-312. (A) In counties or municipalities where temporary permits are authorized to be issued pursuant to Section 61-5-180, in lieu of the retail permit fee required pursuant to Section 61-9-310, a retail dealer otherwise eligible for the retail permit under that section may elect to apply for a special version of that permit which allows sales for off-premises consumption without regard to the restrictions on the days or

(B) Revenue generated by the fees must be credited to the general fund of the State except that revenue generated by the fees within a county where a federal military base or installation has been closed, or is designated to be closed and where the federal facility has reduced its permanent civilian employment by three thousand seven hundred fifty or more jobs after December 31, 1990, for a period of ten years after the effective date of Chapter 12 of Title 31, must be credited to a special separate and distinct account with the Budget and Control Board for support of a redevelopment authority created therein pursuant to Chapter 12 of Title 31. All other requirements for retail permits provided in Section 61-9-310 apply to the special permits authorized by this section.

(C) (1) Immediately following the dissolution of a redevelopment authority pursuant to Section 31-12-100(A), the fees distributed to the dissolved redevelopment authority pursuant to subsection (B) must be distributed to the municipality or county in which the retailer who paid the fee is located. The revenue may only be used by the municipality or county for the following purposes:

(a) capital improvements to tourism-related buildings including, but not limited to, civic centers, convention centers, coliseums, aquariums, stadiums, marinas, parks, and recreational facilities;

(b) purchase or renovation of buildings which are historic properties as defined in Section 60-12-10(4) and (5);

(c) festivals which have a demonstrable and significant impact on tourism;

(d) acquiring fee and less than fee interest in land while it is still available to be held in perpetuity as wildlife preserves or believed to be needed by the public in the future for active and passive recreation uses and scenic easements, to include the following types of land: ocean, harbor, and pond frontage in the form of beaches, dunes, and adjoining backlands; barrier beaches; fresh and saltwater marshes and adjoining uplands; land for bicycle paths; land protecting existing and future; public water supply, well fields, highway buffering and aquifer recharge areas; and land for wildlife preserves; and land for future public recreational facilities;

(e) nourishment, renourishment (resanding) and maintenance of beaches;

(f) dune restoration, including the planting of grass, sea oats, or other vegetation useful in preserving the dune system;

(2) The revenue may not be used for operating expenses of tourism-related buildings."

B. Section 61-5-180 of the 1976 Code, as last amended by Section 1584 of Act 181 of 1993, is further amended to read:

"Section 61-5-180. (A) In addition to the provisions of Section 61-5-85, the department may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less. This permit is valid for a period not to exceed twenty-four hours and may be issued only to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales. The department shall charge a nonrefundable filing fee of one hundred dollars for processing each application and a daily permit fee of fifty dollars for each day for which a permit is approved. An application must be filed for each permit requested. The department in its sole discretion shall specify the terms and conditions of the permit.

(B) (1) The permit fees must be credited to the general fund of the State distributed to the municipality or county in which the retailer who paid the fee is located. The revenue may only be used by the municipality or county for the following purposes:

(a) capital improvements to tourism-related buildings including, but not limited to, civic centers, convention centers, coliseums, aquariums, stadiums, marinas, parks, and recreational facilities;

(b) purchase or renovation of buildings which are historic properties as defined in Section 60-12-10(4) and (5);

(c) festivals which have a demonstrable and significant impact on tourism;

(d) local youth mentor programs to serve juvenile offenders under the jurisdiction of the family court;

(e) contributions to matching funds necessary for a local government or entity to receive funding from the Legacy Trust Fund pursuant to Chapter 22 of Title 51;

(f) contributions to a redevelopment authority pursuant to Section 31-12-10, et seq.

(g) acquiring fee and less than fee interest in land while it is still available to be held in perpetuity as wildlife preserves or believed

(l) construction and maintenance of drainage systems.

(2) The revenue may not be used for operating expenses of tourism-related buildings. The department in its sole discretion shall specify the terms and conditions of the permit.

(C) Permits authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than twenty-five hundred qualified electors of the county or municipality, as the case may be, in not less than thirty nor more than forty days after receiving the petition. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum, mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the South Carolina Department of Revenue and Taxation. The question on the ballot shall read substantially as follows:

`Shall the South Carolina Department of Revenue and Taxation be authorized to issue temporary permits in this (county)(municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales?'

The expenses of any such referendum must be paid by the county or municipality conducting the referendum."

C. In a county in which temporary permits may be issued pursuant to Section 61-5-180, revenue generated by the fees imposed under that section within a county where a federal military base or installation has been closed, or is designated to be closed and where the federal facility has reduced its permanent civilian employment by seven hundred fifty or more jobs, but not more than two thousand nine hundred ninety-nine jobs, after December 31, 1990, for a period of five years beginning July 1, 1997 must be credited to a special separate and distinct account with the Budget and Control Board for support of a redevelopment authority created therein pursuant to Chapter 12 of Title 31.

D. This section is effective for property tax years beginning after 1996.

SECTION 25. Section 12-10-70 of the 1976 Code is repealed.

SECTION 26. Except where otherwise specifically provided in this act, this act is effective upon approval by the Governor. In determining qualification for benefits available to a taxpayer, taxpayers entering into revitalization agreements on or before December 31, 1996, may elect to:

(1) use Sections 12-10-10 through 12-10-90 of the 1976 Code as they existed prior to amendment by this act; or

(2) use the provisions of this act.

However, regardless of the election made by the taxpayer under this section, all contracts with schools made pursuant to Section 12-10-80(D) of the 1976 Code after the effective date of this act will be governed by this act. Taxpayers entering into revitalization agreements on or after January 1, 1997, will be governed by this act./

Amend title to read:

/TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA RURAL DEVELOPMENT ACT OF 1996", TO ADD SECTIONS 12-10-85 AND 12-10-88, PROVIDING GUIDELINES FOR THE USES OF THE STATE RURAL INFRASTRUCTURE FUND AND PROVIDING FOR REDEVELOPMENT FEES BY REDEVELOPMENT AUTHORITIES FROM EMPLOYEE WITHHOLDING ON WAGES PAID EMPLOYEES BY A FEDERAL EMPLOYER AT A CLOSED OR REALIGNED MILITARY INSTALLATION; TO ADD SECTION 58-27-240 CLARIFYING THE IMPACT OF THIS ACT ON THE RETAIL AND WHOLESALE DISTRIBUTION AND SALE OF ELECTRIC ENERGY;

/s/Hugh K. Leatherman, Sr. .......... /s/Roland Smith
/s/Phil P. Leventis .......... /s/John G. Felder
/s/McKinley Washington, Jr. .......... /s/Robert W. Harrell, Jr.

On Part of the Senate. .......... On Part of the House.
, and a message was sent to the House accordingly.

H. 3515 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 2-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE ADVANCE SHEETS OF STATUTES, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE ADVANCE SHEETS MUST BE DISTRIBUTED; AND TO AMEND SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF SETS OF THE CODE OF LAWS OF SOUTH CAROLINA, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE SETS MUST BE DISTRIBUTED.

On motion of Senator MOORE, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator MOORE spoke on the report.

On motion of Senator MOORE, with unanimous consent, Free Conference Powers were granted.

On motion of Senator MOORE, the Report of the Committee of Free Conference to H. 3515 was adopted as follows:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:

H. 3515 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 2-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE ADVANCE SHEETS OF STATUTES, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE ADVANCE SHEETS MUST BE DISTRIBUTED; AND TO AMEND SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF SETS OF THE CODE OF LAWS OF SOUTH CAROLINA, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE SETS MUST BE DISTRIBUTED.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the title and inserting:

/Whereas, the State of South Carolina has, as a matter of state policy, erected various monuments on the State House grounds to honor the contributions of various individuals and groups to the state's history; and

Whereas, the State has recently reaffirmed this policy by requiring all portraits, flags, banners, monuments, statues, and plaques which are removed during the current State House Renovation Project to be returned to their original locations following completion of the project; and

Whereas, not one of the monuments and memorials recognizes the contributions and efforts of an African-American individual; and

Whereas, some official symbol should be placed that recognizes the special and unique experiences and contributions of African-Americans in this State; and

Whereas, the placement of a permanent monument on the State House grounds is the most visible and efficient means of official recognition. Now, therefore,

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