Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 10:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the word this morning from the Book of Job, Chapter 12 (v.13):
"With God are wisdom and strength:
He has counsel and understanding."
Let us pray.
Dear Lord, our God, the Scriptures call You the "Ancient of Days," but, we know You as the "Ever-present-Lord-of-Life-in-our-days."
We seek the truth, the facts. We pursue knowledge; but, most of all we seek wisdom to put it all together.
Penetrate, O Lord, the darkness of our shadowed human scene with Your divine light.
When our way is cloudy, illumine our path. Give us graciousness in our conflicts and patience in our resoluteness.
Above all the voices that we shall hear this week, help us to hear Your voice speaking to our consciences.
We pray in the Name of the God that led poor old Job!
Amen!
Columbia, S.C., May 6, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3135 (Word version) -- Rep. Webb: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-285 SO AS TO PROVIDE THAT IN ANY PROSECUTION FOR A VIOLATION OF STATE FISH, GAME, WILDLIFE, OR NATURAL RESOURCES LAWS, PHOTOGRAPHS OF EITHER WILDLIFE OR FISH ALLEGED TO HAVE BEEN TAKEN, POSSESSED, SOLD, TRANSPORTED, OR IMPORTED ILLEGALLY MUST BE CONSIDERED COMPETENT EVIDENCE OF THE WILDLIFE OR FISH AND MUST BE ADMISSIBLE IN ANY PROCEEDING OF THE CASE TO THE SAME EXTENT AS IF THE WILDLIFE OR FISH HAD BEEN INTRODUCED AS EVIDENCE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 6, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3169 (Word version) -- Rep. Cato: A BILL TO AMEND TITLE 40, CHAPTER 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA REAL ESTATE COMMISSION, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG OTHER THINGS, TO EXPAND THE RESPONSIBILITIES OF A "BROKER-IN-CHARGE", TO ESTABLISH THE PARAMETERS, DUTIES, AND RESPONSIBILITIES FOR AGENCY RELATIONSHIPS IN REAL ESTATE, AND TO REQUIRE LICENSEES TO HAVE A HIGH SCHOOL DIPLOMA OR THE EQUIVALENT, TO INCREASE THE HOURS REQUIRED FOR A BROKER'S LICENSE, TO ELIMINATE THE TWO-TIERED SALES EXAMINATION, TO ESTABLISH OPTIONS FOR SETTLING EARNEST MONEY DISPUTES AND TO REVISE FINES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 6, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3788 (Word version) -- Reps. Wilder, Stoddard and Carnell: A BILL TO AMEND ACT 171 OF 1967, AS AMENDED, RELATING TO FISCAL MATTERS AND THE IMPOSITION OF SCHOOL TAXES FOR LAURENS COUNTY SCHOOL DISTRICTS FIFTY-FIVE AND FIFTY-SIX, SO AS TO REVISE THE DATE FOR APPROVING THE BUDGET AND RECOMMENDING THE TAX MILLAGE, TO AUTHORIZE THE BOARDS OF TRUSTEES OF THESE DISTRICTS TO INCREASE MILLAGE RATES THROUGH SCHOOL YEAR 2000-01 BY UP TO SEVEN MILLS A YEAR.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
The following were introduced:
S. 733 (Word version) -- Senator Reese: A BILL TO AMEND CHAPTER 13, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF FISH AND RESTRICTIONS ON FISHING, BY ADDING SECTION 50-13-400 SO AS TO PROVIDE FOR SIZE AND CATCH LIMITS FOR LARGE-MOUTH BASS IN LAKES BOWEN AND BLALOCK IN SPARTANBURG COUNTY.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 734 (Word version) -- Senator Courtney: A JOINT RESOLUTION TO PROVIDE THAT CERTAIN COMMERCIAL INDUSTRIAL SOLID WASTE LANDFILLS SHALL NOT BE LOCATED WITHIN ONE THOUSAND (1000) FEET OF ANY RESIDENCES, HOSPITALS, CHURCHES, AND PUBLICLY OWNED RECREATIONAL PARKS.
Read the first time and referred to the Committee on Medical Affairs.
S. 735 (Word version) -- Senator Courtney: A JOINT RESOLUTION TO PROVIDE THAT CERTAIN COMMERCIAL INDUSTRIAL SOLID WASTE LANDFILLS SHALL NOT BE LOCATED WITHIN ONE THOUSAND
(1000) FEET OF ANY RESIDENCES, HOSPITALS, CHURCHES, AND PUBLICLY OWNED RECREATIONAL PARKS.
Read the first time and referred to the Committee on Medical Affairs.
S. 736 (Word version) -- Senator Rose: A BILL TO AMEND SECTION 56-5-1540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALTERATION OF SPEED LIMITS AND SIGNS BY LOCAL AUTHORITIES AND APPROVAL OF THOSE ALTERATIONS BY THE DEPARTMENT OF TRANSPORTATION, SO AS TO ALLOW LOCAL AUTHORITIES TO DECREASE SPEED LIMITS INSIDE AN URBAN DISTRICT WITHOUT THE APPROVAL OF THE DEPARTMENT.
Read the first time and referred to the Committee on Transportation.
S. 737 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN YORK COUNTY, SO AS TO COMBINE ROCK HILL NO. 1 AND NORTHSIDE PRECINCTS INTO THE NORTHSIDE PRECINCT AND REVISE THE MAP DOCUMENT NUMBER ON THE OFFICIAL MAP ON WHICH THE LINES OF THE PRECINCTS ARE DELINEATED.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator HAYES, with unanimous consent, S. 737 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 738 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REVISE THESE PRECINCTS AND THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator PASSAILAIGUE, with unanimous consent, S. 738 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 3336 (Word version) -- Reps. Lanford, Hawkins, Davenport, Littlejohn, Allison and Wilder: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF INTERSTATE HIGHWAY 85 IN SPARTANBURG COUNTY FROM MILE POINT 68.8 TO MILE POINT 77.4 THE "JOE GRIFFIN EXPRESSWAY".
Introduced and referred to the Committee on Transportation.
H. 3780 (Word version) -- Reps. Young, Askins, Woodrum, Inabinett, Simrill, Bailey, Riser and Kirsh: A BILL TO AMEND SECTION 16-11-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARSON, SO AS TO REVISE THE ELEMENTS OF ARSON IN THE FIRST, SECOND, AND THIRD DEGREES, AND REVISE THE PENALTIES FOR ARSON IN THE FIRST AND SECOND DEGREES.
Read the first time and referred to the Committee on Judiciary.
H. 3837 (Word version) -- Reps. Stille, Parks, Carnell and Townsend: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME A SECTION OF S. C. HWY. 72 IN ABBEVILLE COUNTY IN HONOR OF CHARLES L. POWELL AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.
Introduced and referred to the Committee on Transportation.
H. 3840 (Word version) -- Reps. Battle, M. Hines and Miller: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF UNITED STATES HIGHWAY 76 IN MARION COUNTY, FROM THE EASTERN CITY LIMITS OF THE CITY OF MULLINS TO THE LITTLE PEE DEE RIVER, THE "McMILLAN HIGHWAY".
Introduced and referred to the Committee on Transportation.
H. 4067 (Word version) -- Rep. Sharpe: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PASS AND PROPOSE FOR RATIFICATION TO THE STATES AN AMENDMENT TO THE UNITED STATES CONSTITUTION TO RETAIN THE EXISTING NATIONAL AMBIENT AIR QUALITY STANDARDS.
Introduced and referred to the Committee on Agriculture and Natural Resources.
H. 4073 (Word version) -- Reps. Davenport, Walker, Lee, Hawkins, Allison and Littlejohn: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ALONG INTERSTATE HIGHWAY 85 FROM MILE POINT 68.8 TO MILE POINT 77.4 IN SPARTANBURG COUNTY IS SIXTY-FIVE MILES AN HOUR AND INSTALL APPROPRIATE MARKERS OR SIGNS AT PLACES ALONG THIS STRETCH OF HIGHWAY TO INFORM MOTORISTS OF THE MAXIMUM SPEED LIMIT.
Introduced and referred to the Committee on Transportation.
H. 4088 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT TRAFFIC SIGNS AT EXIT 68 ON INTERSTATE HIGHWAY 20 IN RICHLAND COUNTY THAT INFORM MOTORISTS THAT THE SOUTH CAROLINA FIRE ACADEMY MAY BE ACCESSED FROM THIS EXIT.
Introduced and referred to the Committee on Transportation.
H. 4109 (Word version) -- Reps. Koon, Stuart, Spearman, Riser, Gamble, Knotts and Bauer: A CONCURRENT RESOLUTION RECOGNIZING WALTER P. RAWL & SONS FARM AND THE MEMBERS OF THE RAWL FAMILY OF GILBERT, LEXINGTON COUNTY, FOR THEIR OUTSTANDING CONTRIBUTIONS TO SOUTH CAROLINA AGRICULTURE AND FOR THEIR DEDICATED SERVICE TO THE CITIZENS OF SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4110 (Word version) -- Reps. Cotty, Sheheen, Boan and Baxley: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE LUGOFF-ELGIN HIGH SCHOOL "DEMONS" WRESTLING TEAM OF KERSHAW COUNTY ON WINNING THE 1997 CLASS AAA STATE CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 373 (Word version) -- Senator O'Dell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME SOUTH HAMILTON STREET IN WILLIAMSTON, SOUTH CAROLINA, AS "ED POORE ROAD" IN HONOR OF C. EDWARD POORE AND TO ERECT THE APPROPRIATE SIGNS OR MARKERS.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill and Resolution were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of an Act and enrolled for Ratification:
H. 3807 (Word version) -- Reps. Sharpe and Witherspoon: A BILL TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GAME ZONES OF THIS STATE, SO AS TO REVISE THE COMPOSITION OF GAME ZONES 1 AND 2; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE OPEN SEASON FOR TAKING DEER IN GAME ZONES 1, 2, AND 4, AND TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES IN GAME ZONES 1, 2, AND 4 SHALL ESTABLISH THE METHODS FOR HUNTING AND TAKING OF DEER AND SHALL SET OTHER RESTRICTIONS FOR HUNTING AND TAKING DEER; TO AMEND SECTION 50-11-390, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO DECLARE OPEN SEASONS AND SET BAG LIMITS AND METHODS OF HUNTING OF ANTLERLESS DEER, SO AS TO FURTHER PROVIDE FOR THE AUTHORITY OF THE DEPARTMENT IN THIS REGARD; AND TO REPEAL SECTION 50-11-395 RELATING TO THE ISSUANCE OF ANTLERLESS DEER PERMITS IN GAME ZONES 1, 2, AND 4.
(By prior motion of Senator PEELER, with unanimous consent)
H. 3459 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FOOD STAMP PROGRAM ELECTRONIC BENEFITS TRANSFER, DESIGNATED AS REGULATION DOCUMENT NUMBER 2101, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3101 (Word version) -- Reps. Allison, Kirsh, Meacham and Knotts: A BILL TO AMEND SECTION 16-17-495, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTING A CHILD UNDER AGE SIXTEEN OUTSIDE THE STATE WITH THE INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO MAKE IT UNLAWFUL TO TAKE OR TRANSPORT A CHILD OUTSIDE OF THE STATE WITH THE INTENT TO CIRCUMVENT A CUSTODY PROCEEDING WHEN A PETITION HAS BEEN FILED SEEKING A CUSTODY DETERMINATION, TO INCREASE THE PENALTY FOR VIOLATIONS, TO INCLUDE APPLICATION OF THE SECTION TO CHILDREN BORN OUT OF WEDLOCK, TO INCREASE THE PENALTY IF PHYSICAL FORCE IS USED OR THREATENED, AND TO AUTHORIZE ASSESSING TRAVEL AND OTHER EXPENSES INCURRED IN THE PROSECUTION OF THE ACTION.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator WILSON proposed the following amendment (BBM\9436HTC.97), which was adopted:
Amend the bill, as and if amended, by adding two appropriately numbered sections to read:
/SECTION . The 1976 Code is amended by adding:
"Section 20-1-100. No male under the age of sixteen and no female under the age of fourteen are capable of entering into a valid marriage, and all marriages hereinafter entered into by such persons are void ab initio. A common-law marriage hereinafter entered into by a male under the age of sixteen or a female under the age of fourteen is void ab initio."
SECTION . Section 16-3-658 of the 1976 Code, as last amended by Act 139 of 1991, is further amended by adding at the end:
"This section is not applicable to a purported marriage entered into by a male under the age of sixteen or a female under the age of fourteen."/
Renumber sections to conform.
Amend title to conform.
Senator WILSON explained the amendment.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
The following Bills were read the third time and ordered sent to the House of Representatives: S. 634 (Word version) -- Senators Thomas and Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 20-7-6890, 20-7-6895, 20-7-6900, AND 20-7-6905, SO AS TO ESTABLISH THE YOUTH INDUSTRIES PROGRAM WITHIN THE DEPARTMENT OF JUVENILE JUSTICE AUTHORIZING THE DEPARTMENT TO CONTRACT WITH PRIVATE INDUSTRIES TO PROVIDE SERVICES RELATIVE TO PACKAGING, MANUFACTURING, AND PROCESSING GOODS AND TO ESTABLISH THE MANUFACTURING AND PROCESSING OF GOODS FOR STATE ENTITIES AND TO MAKE IT UNLAWFUL IN THIS STATE TO SELL GOODS MADE BY JUVENILE OFFENDERS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 20-7-7815, RELATING TO THE PROHIBITION AGAINST COMMITTING TO THE DEPARTMENT OF JUVENILE JUSTICE A PERSON WHO IS SERIOUSLY HANDICAPPED BY MENTAL ILLNESS OR MENTAL RETARDATION, SO AS TO CHANGE THE REFERENCE FROM "PERSON" TO "JUVENILE" AND TO REQUIRE THE CONSENT OF THE JUVENILE PAROLE BOARD WHEN AN AGENCY TO WHICH A JUVENILE HAS BEEN COMMITTED SEEKS TO RELEASE THE CHILD; TO AMEND SECTION 20-7-8305, RELATING TO THE BOARD OF JUVENILE PAROLE, SO AS TO DELETE THE PROVISION THAT A JUVENILE HAS THE RIGHT TO APPEAR PERSONALLY BEFORE THE BOARD EVERY THREE MONTHS AND INSTEAD AUTHORIZE THE BOARD TO CONDUCT PAROLE HEARINGS BY TWO-WAY CLOSED CIRCUIT TELEVISION.
S. 564 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 12-24-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIABILITY FOR A DEED RECORDING FEE, SO AS TO PROVIDE THAT THE FEE IS OWED BY THE GRANTEES IN THE CASE OF A DEED FROM A MASTER-IN-EQUITY, FROM A GOVERNMENT OR ITS SUBDIVISIONS, OR FROM AN INTERNAL REVENUE CODE TAX-EXEMPT RETIREMENT PLAN; TO AMEND SECTION 12-24-30, RELATING TO THE DEFINITION OF "VALUE" AS IT CONCERNS A DEED RECORDING FEE, SO AS TO CLARIFY THE MEANING OF "VALUE" AND TO PROVIDE FOR THE ELECTION TO USE THE PROPERTY TAX ASSESSMENT OF FAIR MARKET VALUE FOR PURPOSES OF CHAPTER 24; TO AMEND SECTION 12-24-40, RELATING TO EXEMPTIONS FROM A DEED RECORDING FEE, SO AS TO DELETE AND CLARIFY CERTAIN EXEMPTIONS FROM THE RECORDING FEE ON DEEDS AND TO REDEFINE "FAMILY"; AND TO AMEND SECTION 12-24-70, RELATING TO AFFIDAVITS REQUIRED FOR RECORDING A DEED, SO AS TO PROVIDE FOR CONTENTS OF AFFIDAVITS FILED IN CONNECTION WITH EXEMPT DEEDS.
The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar: H. 3595 (Word version) -- Reps. Stuart, Gamble, Knotts, Koon, Riser and Spearman: A BILL TO AMEND SECTION 6-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR JOINT MUNICIPAL WATER SYSTEMS, SO AS TO REVISE THE MEANING OF THE TERMS "REVENUE BONDS" AND "BONDS"; TO AMEND SECTION 6-25-100, AS AMENDED, RELATING TO POWERS OF JOINT MUNICIPAL WATER SYSTEMS, SO AS TO ALLOW LOANS, BONDS, OR NOTES ISSUED TO A JOINT SYSTEM TO BE PAID FROM OTHER FUNDS AS MAY BE AVAILABLE AND TO ALLOW MEMBERS OF A JOINT SYSTEM TO CREATE, AS THEY CONSIDER NECESSARY, ADDITIONAL PROCEDURES WHICH GOVERN THE ISSUANCE OF ANY NOTES OR BONDS; TO AMEND SECTION 6-25-110, RELATING TO AUTHORIZATION OF A JOINT SYSTEM TO INCUR DEBT AND ISSUE BONDS, SO AS TO ALLOW A JOINT SYSTEM TO USE OTHER SOURCES OF FUNDS AVAILABLE TO IT TO PAY FOR ISSUED BONDS; TO AMEND SECTION 6-25-113, RELATING TO SOURCES FROM WHICH JOINT SYSTEM BONDS ARE PAYABLE, SO AS TO ALLOW A MEMBER COUNTY OR MUNICIPALITY TO PROVIDE A PLEDGE OF ALL OR PART OF ANY REVENUES DERIVED AS PAYMENTS IN LIEU OF TAXES WITH RESPECT TO A PROJECT; TO AMEND SECTION 6-25-120, RELATING TO PAYMENT OF NOTES, OBLIGATIONS, OR BONDS, SO AS TO REQUIRE ONLY REVENUES AND OTHER FUNDS AVAILABLE TO THE JOINT SYSTEM TO BE USED TO PAY OR PLEDGED TO THE AMOUNT OF ANY NOTES, OBLIGATIONS, OR BONDS; AND TO AMEND SECTION 6-25-128, RELATING TO CONTRACTS BETWEEN MUNICIPALITIES AND JOINT SYSTEMS, SO AS TO ALLOW A MUNICIPALITY UNDER CONTRACT FOR THE PURCHASE OF CAPACITY AND OUTPUT FROM A JOINT SYSTEM TO PAY FROM REVENUES DERIVED FROM THE OWNERSHIP AND OPERATION OF THE WATER SYSTEM AND FROM OTHER SOURCES OF FUNDS AS MAY BE AVAILABLE, INCLUDING ANY AMOUNTS RECEIVED AS PAYMENTS IN LIEU OF TAXES.
H. 3823 (Word version) -- Reps. Carnell, Klauber, Stille and Parks: A BILL TO AMEND SECTION 56-1-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING OF CERTAIN CONVICTIONS OF A PERSON FROM ANOTHER STATE TO THE LICENSING AUTHORITY OF HIS HOME STATE, SO AS TO PROVIDE THAT CERTAIN OTHER STATES SHALL REPORT CERTAIN CONVICTIONS OF A PERSON FROM SOUTH CAROLINA THAT OCCUR IN THE OTHER STATE TO THE DEPARTMENT OF PUBLIC SAFETY WITHIN FIVE YEARS OF THE CONVICTION.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator HUTTO proposed the following amendment (3823R001CBH), 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. Section 56-1-320 of the 1976 Code is amended to read:
"Section 56-1-320. (A) The department may, in its discretion, suspend or revoke the license of any resident of this State or the privilege of a nonresident to drive a motor vehicle in this State upon receiving notice of the conviction of such person in another state of an offense therein which, if committed in this State, would be grounds for the suspension or revocation of the South Carolina license.
Provided, however, that if a resident of this State has his driver's license revoked or suspended for a motor vehicle violation in another jurisdiction, the department must review the revocation or suspension period for the out-of-state conviction and apply the laws of this State if the out-of-state revocation or suspension period exceeds the revocation or suspension period provided under the laws of this State for that offense. If the laws of this State are applied to an out-of-state conviction, the department must restore the individual's privilege to drive in South Carolina once the individual has cleared the suspension pursuant to this title, regardless of whether the individual's privilege to drive has been restored in the state where the conviction occurred, provided the individual is otherwise eligible for the issuance or renewal of a South Carolina license.
If another state restores limited or restricted driving privileges to the person whose license has been suspended or revoked, such restoration of privileges shall also be valid in this State and the department must issue a driver's license to the individual under the same terms and conditions under which driving is authorized in the state of conviction.
(B) The department may not refuse to issue or renew a driver's license to an individual who:
(1) is still under suspension or revocation in another jurisdiction for an out-of-state conviction which was not reported to the department within the one-year period provided for in Section 56-1-650(C);
(2) has received notice of clearance from the jurisdiction where the revocation or suspension has terminated or that all requirements necessary for reissuance of driving privileges in that jurisdiction are met; or
(3) does not have a letter of clearance from the jurisdiction where the conviction occurred and is still under suspension or revocation in that jurisdiction for a conviction which was not reported to the department within the one-year period provided for in Section 56-1-650(C)."
SECTION 2. Section 56-1-650(C) is amended by adding:
"The department shall not post to an individual's driver's record any conviction that is not received by the department within the one-year period for offenses governed by this subsection. For purposes of this title, this means all convictions which occurred after June 4, 1995, which are not required to be reported pursuant to subsection (A). The department may not refuse to issue or renew a resident's driver's license when the individual's privilege to drive is suspended or revoked for an out-of-state conviction which was not reported to the department within one year of the date of conviction, as required in this subsection."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator MARTIN 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 following Bill having been read the second time was ordered placed on the third reading Calendar:
H. 3767 (Word version) -- Reps. Townsend, Sharpe, G. Brown, Webb and Riser: A BILL TO AMEND SECTION 57-3-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR COTTON MODULAR VEHICLES, SO AS TO REVISE THE WIDTH OF COTTON MODULAR VEHICLES.
On motion of Senator LAND, with unanimous consent, H. 3767 was ordered to receive a third reading on Thursday, May 8, 1997.
The following Bill and Joint Resolution were carried over:
H. 3402 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1996-97.
On motion of Senator RYBERG, the Joint Resolution was carried over.
H. 3694 (Word version) -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED BY THIS ACT.
On motion of Senator DRUMMOND, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF H. 3400, THE GENERAL APPROPRIATION BILL.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the report proposed by the Committee on Finance.
Senator DRUMMOND asked unanimous consent to take up the following amendment for immediate consideration.
There was no objection.
Senator DRUMMOND proposed the following Amendment No. 82 (3400R213.JD), which was adopted:
Amend the bill, as and if amended, Part II, page 581, line 7, by striking /April 1, 1998/ and inserting in lieu thereof the following:
/ December 31, 1998 /
Amend the bill further, as and if amended, Part II, page 582, line 33, by striking /June 1, 1999/ and inserting in lieu there of the following:
/ December 31, 1998 /.
Amend sections, totals and title to conform.
Senator DRUMMOND explained the amendment.
Having received the requisite vote under Rule 24B, the amendment was adopted.
Section 55 received the requisite vote under the provisions of Rule 24B.
Senator LANDER proposed the following Amendment No. 1 (3400R200.JAL), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered new SECTION to read:
TO AMEND SECTION 12-37-251, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROPERTY TAX RELIEF FUND, BY PROVIDING THAT NINETY PERCENT OF THE REIMBURSEMENT MUST BE PAID WITHIN FIVE WORKING DAYS OF RECEIPT OF THE REQUEST FOR FUNDS FROM THE COUNTY TREASURER .
Be it enacted by the General Assembly of the State of South Carolina:
A. Section 12-37-251 (A) and (B) of the 1976 Code, as last amended by Section 33, Part II, Act 458, of 1996, is further amended to read:
"Section 12-37-251. (A) The State Property Tax Relief Fund shall must be established at an amount equal to the revenue necessary to fund a property tax exemption of one hundred thousand dollars based on the fair market value of property classified pursuant to Section 12-43-220(c) calculated on the school operating millage imposed for tax year 1995, excluding taxes levied for bonded indebtedness and payments pursuant to lease purchase agreements for capital construction. The 1995 tax year school operating millage is the base year millage for purposes of calculating the amount necessary to fund the State Property Tax Relief Fund in accordance with this section. However, in years in which the values resulting from a county-wide reassessment and equalization program are implemented, the base year millage must be adjusted to an equivalent millage rate in the manner that the Department of Revenue and Taxation shall prescribe prescribes. Funds distributed to a taxing district as provided in Item (B) of this section must be used to provide a uniform property tax exemption for all property in the taxing district which is classified pursuant to Section 12-43-220(c), excluding taxes levied for bonded indebtedness and payments pursuant to lease purchase agreements for capital construction.
(B) School Taxing districts must be reimbursed, in the manner provided in Section 12-37-270, for the revenue lost as a result of the homestead exemption provided in this section except that ninety percent of the reimbursement must be paid in the last quarter of the calendar year within five working days of receipt of the request for funds from the county treasurer.
B. This act takes effect upon approval by the Governor./
Amend sections, totals and title to conform.
Senator LANDER explained the amendment.
Having received the requisite vote under Rule 24B, the amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 6 (3400R408.ELP), which was tabled:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered new SECTION at the end to read:
Senator PASSAILAIGUE explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator PASSAILAIGUE proposed the following Amendment No. 9 (3400R411.ELP), which was not adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered new SECTION at the end to read:
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'."
E. Chapter 37, Title 12 of the 1976 Code is amended by adding:
Section 12-37-150. Notwithstanding Section 12-37-90 or any other provision of law, in a county that has approved by referendum to eliminate the office of county assessor, the office of assessor is eliminated on January 1, 1999. The assessor's duties, except as provided herein, must be transferred to another county official, as determined by the county governing body. This article applies only to those counties that have approved the referendum to eliminate the assessor's office.
Section 12-37-160. (A) The Department of Revenue shall:
(1) appraise all real property in a county governed by this article;
(2) reappraise all real property as required by Section 12-43-217;
(3) assume all duties formerly of the county assessor that are directly related to the appraisal of property; and
(4) promulgate regulations to implement the purposes of this article.
(B) The county shall transfer all documents and records necessary to carry out the duties prescribed by this section to the Department of Revenue.
(C) Taxpayers whose property is appraised by the department are entitled to appeal pursuant to Subarticle 5, Article 9, Chapter 60, Title 12.
Section 12-37-170. A person who applies for a building permit, as required by Section 12-43-240, must remit a user fee, in addition to other fees that are assessed by the local government. The governmental agency responsible for issuing the permit shall remit the user fee provided for in this section to the department. The department shall establish the amount of the fee, which must be used to offset the costs to the department and which may not exceed the amount necessary to pay for the cost to the department of reappraising property that has been permanently improved or appraising new construction.
Section 12-37-180. Each year, the county must calculate the amount of the county assessor's annual budget, in the last full fiscal year of operation. The county must use one hundred percent of the savings exclusively for property tax relief. To estimate the amount the assessor's annual budget would have been in succeeding years, the county must apply the consumer price index for all-urban consumers published by the U.S. Department of Labor in order to calculate the savings each year after the first year."
F. Subject to approval of the Governor, SECTIONS 1 through 3 take effect January 1, 1998, but only upon ratification of the amendment to Section 2, Article X of the Constitution of this State. The provisions of SECTION 5 are effective only upon certification of a majority "yes" vote in the referendum provided by SECTION 4 of this act./
Amend sections, totals and title to conform.
Senator PASSAILAIGUE 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.
Senator PASSAILAIGUE spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator PASSAILAIGUE continued arguing in favor of the adoption of the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Courson Elliott Fair Ford Lander McConnell Mescher O'Dell Passailaigue Peeler Ravenel Rose Saleeby Setzler Thomas Washington Williams Wilson
Alexander Anderson Bryan Cork Courtney Drummond Giese Glover Hayes Holland Hutto Land Leatherman Martin McGill Moore Patterson Rankin Ryberg Short Smith, J. Verne
Amendment No. 9 failed to receive the requisite vote under Rule 24B and was not adopted.
I voted against Amendment No. 9 in large part because the budget bill is not the appropriate legislation in which to discuss this proposal.
Senators PASSAILAIGUE and BRYAN proposed the following Amendment No. 10 (3400R412.ELP), which was not adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered new SECTION at the end to read:
TO AMEND TO AMEND SECTION 12-37-251, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROPERTY TAX RELIEF FUND, BY PROVIDING THAT THE TAXING DISTRICTS MUST BE REIMBURSED ON A PER CAPITA BASIS FROM REVENUES CREDITED TO THE STATE PROPERTY TAX RELIEF FUND AND TO PROVIDE THAT NINETY PERCENT OF THE REIMBURSEMENT MUST BE PAID BY OCTOBER THIRTY-FIRST AND THE BALANCE OF THE REIMBURSEMENT MUST BE PAID NO LATER THAN THE SUCCEEDING APRIL FIRST.
A. Section 12-37-251 (A) and (B) of the 1976 Code, as last amended by Section 33, Part II, Act 458 of 1996, is further amended to read:
"Section 12-37-251. (A) The State Property Tax Relief Fund shall must be established at an amount equal to the revenue necessary to fund a property tax exemption of one hundred thousand dollars based on the fair market value of property classified pursuant to Section 12-43-220(c) calculated on the school operating millage imposed for tax year 1995, excluding taxes levied for bonded indebtedness and payments pursuant to lease purchase agreements for capital construction. The 1995 tax year school operating millage is the base year millage for purposes of calculating the amount necessary to fund the State Property Tax Relief Fund in accordance with this section. However, in years in which the values resulting from a county-wide reassessment and equalization program are implemented, the base year millage must be adjusted to an equivalent millage rate in the manner that the Department of Revenue and Taxation shall prescribe prescribes. Funds distributed to a taxing district as provided in Item (B) of this section must be used to provide a uniform property tax exemption for all property in the taxing district which is classified pursuant to Section 12-43-220(c), excluding taxes levied for bonded indebtedness and payments pursuant to lease purchase agreements for capital construction.
(B) School Taxing districts must be reimbursed, in the manner provided in Section 12-37-270, for the revenue lost as a result of the homestead exemption provided in this section except that on a per capita basis from revenues credited to the State Property Tax Relief Fund. ninety Ninety percent of the reimbursement must be paid in the last quarter of the calendar year by October thirty-first and the balance paid no later than the succeeding April first. If amounts received by a school district pursuant to this distribution are insufficient to reimburse fully for the base year operating millage, the county shall calculate a school operating millage sufficient to make up the shortfall which must be imposed on all property classified pursuant to Section 12-43-220(c) without regard to the exemption allowed pursuant to this section. Amounts received by a district in excess of the amount necessary to reimburse the district for the base year operating millage may be retained by the district."
B. This act takes effect upon approval by the Governor./
Amend sections, totals and title to conform.
Senator BRYAN explained the amendment.
Senator MARTIN assumed the Chair at 11:37 A.M.
Senator BRYAN continued arguing in favor of the adoption of the amendment.
Senator DRUMMOND spoke on the amendment.
Senator WILSON spoke on the amendment.
Senator WILSON moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Cork Courson Courtney Giese Gregory Hayes Holland Jackson Patterson Peeler Rankin Reese Rose Setzler Waldrep Wilson
Alexander Anderson Bryan Drummond Elliott Fair Ford Glover Hutto Land Leatherman Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Ravenel Ryberg Saleeby Short Smith, J. Verne Thomas Washington Williams
The Senate refused to table the amendment. The question then was the adoption of the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryan Drummond Elliott Fair Ford Glover Hutto Land Lander Leatherman Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Rankin Ravenel Ryberg Saleeby Short Smith, J. Verne Thomas Washington
Cork Courson Courtney Giese Gregory Hayes Holland Jackson Patterson Peeler Reese Rose Setzler Waldrep Williams Wilson
Amendment No. 10 failed to receive the requisite vote under Rule 24B and was not adopted.
Senator WILLIAMS asked unanimous consent to make a motion to change his "nay" vote to an "aye" vote.
Senator LAND objected.
Having voted on the prevailing side, Senator WILLIAMS moved to reconsider the vote whereby Amendment No. 10 was not adopted.
Senator WILSON made a Parliamentary Inquiry as to whether or not the motion to reconsider was debatable.
The PRESIDENT stated that the motion was debatable.
Senator WILSON argued contra to the motion to reconsider.
Senator SETZLER raised a Point of Order that the motion to reconsider was out of order inasmuch as the amendment failed to receive the required two-thirds vote and, therefore, was not before the Senate.
The PRESIDENT took the Point of Order under advisement and later overruled the Point of Order.
With Senator WILSON retaining the floor, on motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by recess.
At 12:50 P.M., with Senator WILSON retaining the floor, on motion of Senator DRUMMOND, with unanimous consent, the Senate receded from business until 2:00 P.M.
The Senate reassembled at 2:00 P.M. and was called to order by the PRESIDENT.
At 5:00 P.M., Senator ROSE requested a leave of absence for the balance of the day.
At 6:00 P.M., Senator GREGORY requested a leave of absence for the balance of the day.
At 7:05 P.M., Senator COURSON requested a leave of absence from 7:05 P.M. - 9:00 P.M.
The following was introduced:
S. 739 (Word version) -- Senator Elliott: A BILL TO AMEND ACT 742 OF 1946, AS AMENDED, RELATING TO THE LORIS COMMUNITY HOSPITAL DISTRICT, SO AS TO EXPAND THE BOUNDARIES OF THE DISTRICT, AND TO ADD TWO MEMBERS TO THE GOVERNING BODY OF THE DISTRICT AND PROVIDE FOR THEIR TERMS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator ELLIOTT, with unanimous consent, S. 739 was ordered to receive a second and third reading on the next two consecutive legislative days.
THE SENATE RESUMED CONSIDERATION OF H. 3400, THE GENERAL APPROPRIATION BILL.
The Senate resumed consideration of the Bill. The question being the motion to reconsider the vote whereby Amendment No. 10 was not adopted.
Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MOORE moved that a Call of the Senate be made. The following Senators answered the call:
Alexander Anderson Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Rose Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Williams Wilson
A quorum being present, the Senate resumed.
The question resumed on the motion to reconsider the vote whereby Amendment No. 10 was not adopted.
Senator WILSON was recognized.
Senator PASSAILAIGUE asked unanimous consent to make a motion to carry over the amendment.
Senator SETZLER objected.
Senator WILSON spoke on the motion.
The PRESIDENT took up the Point of Order raised by Senator SETZLER that the motion to reconsider was out of order inasmuch as the amendment failed to receive the required two-thirds vote and, therefore, was not before the Senate.
Senators MARTIN, BRYAN and McCONNELL spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator WILSON spoke on the motion.
At 2:33 P.M., on motion of Senator SETZLER, with unanimous consent, the Senate receded from business not to exceed three minutes.
At 2:36 P.M., the Senate resumed.
Senator WILSON argued contra to the motion to reconsider.
Senator COURTNEY spoke on the motion.
Senator RYBERG asked unanimous consent to make a motion to carry over the motion to reconsider the vote whereby Amendment No. 10 was not adopted.
Senator SETZLER objected.
At 2:50 P.M., with Senator COURTNEY retaining the floor, on motion of Senator RYBERG, with unanimous consent, the Senate receded from business not to exceed five minutes.
At 3:10 P.M., the Senate resumed.
Senator COURTNEY spoke on the motion to reconsider.
With Senator COURTNEY retaining the floor, on motion of Senator MOORE, with unanimous consent, the motion was carried over.
Senator COURSON proposed the following Amendment No. 11 (3400R307.JEC), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered new SECTION to read:
TO AMEND SECTION 55-11-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF STATE FUNDING OF AIR CARRIER HUB TERMINAL FACILITIES, SO AS TO EXTEND THE DEFINITION OF AIR CARRIER HUB TERMINAL FACILITY TO A FACILITY WITH A WEEKLY TOTAL OF AT LEAST TWENTY-FIVE COMMON CARRIER DEPARTING CARGO AND AIR FREIGHT FLIGHTS.
A. Section 55-11-500(a)(2) of the 1976 Code, as added by Section 99 of Act 497 of 1994, is amended to read:
(2) at least five twenty-five common carrier departing flights a day for the purpose week on an annual basis for the purposes of transporting cargo and air freight at least five days each week.
B. This section takes effect upon approval by the Governor but shall apply to tax years after 1994./
Amend sections, totals and title to conform.
Senator COURSON explained the amendment.
Having received the requisite vote under Rule 24B, the amendment was adopted.
Senators MARTIN and LAND proposed the following Amendment No. 24 (BBM\9429MM.97), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-24-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIABILITY FOR A DEED RECORDING FEE, SO AS TO PROVIDE THAT THE FEE IS OWED BY THE GRANTEES IN THE CASE OF A DEED FROM A MASTER-IN-EQUITY, FROM A GOVERNMENT OR ITS SUBDIVISIONS, OR FROM AN INTERNAL REVENUE CODE TAX-EXEMPT RETIREMENT PLAN; TO AMEND SECTION 12-24-30, RELATING TO THE DEFINITION OF "VALUE" AS IT CONCERNS A DEED RECORDING FEE, SO AS TO CLARIFY THE MEANING OF "VALUE" AND TO PROVIDE FOR THE ELECTION TO USE THE PROPERTY TAX ASSESSMENT OF FAIR MARKET VALUE FOR PURPOSES OF CHAPTER 24; TO AMEND SECTION 12-24-40, RELATING TO EXEMPTIONS FROM A DEED RECORDING FEE, SO AS TO DELETE AND CLARIFY CERTAIN EXEMPTIONS FROM THE RECORDING FEE ON DEEDS AND TO REDEFINE "FAMILY"; AND TO AMEND SECTION 12-24-70, RELATING TO AFFIDAVITS REQUIRED FOR RECORDING A DEED, SO AS TO PROVIDE FOR CONTENTS OF AFFIDAVITS FILED IN CONNECTION WITH EXEMPT DEEDS.
A. Section 12-24-20 of the 1976 Code, as added by Part II, Act 458 of 1996, is amended to read:
"Section 12-24-20. (A) Except as provided in subsection (B), the fee imposed by this chapter is the liability of the grantor, or the joint or and several liability of the grantors, but the grantee is secondarily liable for the payment of the fee.
(B) In the case of a master-in-equity deed, the liability for a deed from the federal government, a state or any of a state's political subdivisions, or a qualified retirement plan exempt from income taxes under the Internal Revenue Code to another person, the fee imposed by this chapter is on the grantee or grantees the liability of the grantee, or the joint and several liability of the grantees, and not the grantor."
B. Section 12-24-30 of the 1976 Code, as added by Part II, Act 458 of 1996, is amended to read:
"Section 12-24-30. (A) For purposes of this chapter, the term 'value' means the realty's fair market value. In arm's-length real property transactions, this value is the sales price consideration paid or to be paid in money or money's worth for the realty including other realty, personal property, stocks, bonds, partnership interests and other intangible property, the forgiveness or cancellation of a debt, the assumption of a debt, and the surrendering of a right. The fair market value of the consideration must be used in calculating the consideration paid in money's worth. Taxpayers may elect to use the fair market value of the realty being transferred in determining fair market value of the consideration under the provisions of this section. However, in the case of realty transferred between a corporation, a partnership, or other entity and its stockholder, partner, or owner, and in the case of realty transferred to a trust or as a distribution to a trust beneficiary, 'value' means the realty's fair market value.
(B) A deduction from value is allowed for the amount of any lien or encumbrance existing on the land, tenement, or realty before the transfer and remaining on the land, tenement, or realty after the transfer.
(C) Taxpayers may elect to use the fair market value as determined for property tax purposes in determining fair market value under the provisions of this section."
C. Section 12-24-40 of the 1976 Code, as added by Part II, Act 458 of 1996, is amended to read:
"Section 12-24-40. Exempted from the fee imposed by this chapter are deeds:
(1) transferring realty to the federal government in which the value of the realty, as defined in Section 12-24-30, is equal to or less than one hundred dollars;
(2) transferring realty to the federal government or to a state, its agencies and departments, and its political subdivisions, including school districts;
(3) that are otherwise exempted under the laws and Constitution of this State or of the United States;
(4) transferring realty in which no gain or loss is recognized by reason of Section 1041 of the Internal Revenue Code as defined in Section 12-6-40(A);
(5) transferring realty from an agent to the agent's principal in which the realty was purchased with the funds of the principal in order to partition realty, as long as no consideration is paid for the transfer other than the interests in the realty that are exchanged in order to effect the partition;
(6) transferring an individual grave space at a cemetery owned by a cemetery company licensed under Chapter 55 of Title 39;
(7) transferring realty to a member of the family or to a family trust or to a family partnership. "Family" means spouse, parents, sisters, brothers, grandparents, grandchildren, and lineal descendants. A "family trust" is a trust whose beneficiaries are all members of the family of the transferor. A "family partnership" is a partnership whose partners are all members of the family of the transferor that constitute a contract for the sale of timber to be cut;
(8) transferring realty to a legal heir or devisee corporation, a partnership, or a trust as a stockholder, partner, or trust beneficiary of the entity or so as to become a stockholder, partner, or trust beneficiary of the entity as long as no consideration is paid for the transfer other than stock in the corporation, interest in the partnership, beneficiary interest in the trust, or the increase in value in the stock or interest held by the grantor. However, except for transfers from one family trust to another family trust without consideration, the transfer of realty from a corporation, a partnership, or a trust to a stockholder, partner, or trust beneficiary of the entity is subject to the fee, even if the realty is transferred to another corporation, a partnership, or trust;
(9) that constitute a contract for the sale of timber to be cut transferring realty from a family partnership to a partner or from a family trust to a beneficiary, as long as no consideration is paid for the transfer other than a reduction in the grantee's interest in the partnership or trust. A 'family partnership' is a partnership whose partners are all members of the same family. A 'family trust' is a trust in which the beneficiaries are all members of the same family. 'Family' means the grantor, the grantor's spouse, parents, grandparents, sisters, brothers, children, stepchildren, grandchildren, and the spouses and lineal descendant of any of them, and the grantor's and grantor's spouse's heirs under a statute of descent and distribution. A 'family partnership' or 'family trust' also includes charitable entities, other family partnerships and family trusts of the grantor, and charitable remainder and charitable lead trusts, if all the beneficiaries are charitable entities or members of the grantor's family. A 'charitable entity' means an entity which may receive deductible contributions under Section 170 of the Internal Revenue Code as defined in Section 12-6-40(A);
(10) transferring realty from an individual to a partnership, limited liability company, or corporation upon the formation of the entity if the individual is transferring the realty in order to become a partner, member, or shareholder in the entity. All other transfers of realty to or from the partnership, limited liability company, or corporation, not otherwise exempt, are subject to the fee;
(11) transferring realty in a statutory merger or consolidation from a constituent corporation to the continuing or new corporation;
(11) transferring realty in a merger or consolidation from a constituent partnership to the continuing or new partnership;
(12) transferring realty between a parent corporation and its subsidiary corporation, provided that no consideration of any kind is paid or is to be paid for the transfer;
(13) transferring realty to a nonprofit corporation organized and operated exclusively for either a religious, scientific, charitable, or educational purpose, and provided that no consideration of any kind is paid or is to be paid for the transfer;
(14) that constitute a corrective deed or a quitclaim deed used to confirm title already vested in the grantee, provided that as long as no consideration of any kind is paid or is to be paid under the corrective or quitclaim deed;
(15) transferring realty from an individual to a partnership or limited liability company of which the individual is a partner or a member, provided that the transfer is subject to the fee to the extent that the transfer is a transfer of an undivided interest in the realty to partners or members other than the transferor. The determination as to the portion of the realty's value upon which the fee must be paid must be based on the percentage interest in the partnership or limited liability company of the partners or members other than the transferor."
D. Section 12-24-70 of the 1976 Code, as added by Part II, Act 458 of 1996, is amended to read:
"Section 12-24-70. (A) An affidavit must accompany every deed presented for recording and must set forth the true, full, and complete value of the realty as defined in Section 12-24-30. In addition, the clerk or register of mesne conveyances may require any other information considered necessary. However, the clerk or register of mesne conveyances, at his discretion, may waive the affidavit requirement.
If the deed is exempt under Section 12-24-40, the affidavit must state that the deed is exempt and state the reason for the exemption. This affidavit must be signed by a responsible person connected with the transaction and the affidavit must state that connection. The clerk of court or register of mesne conveyances shall require an affidavit showing the value of the realty to be filed with a deed.
For deeds exempt under the provisions of this chapter, the value is not required to be stated on the affidavit, but the affidavit must state the reason the deed is exempt from the fee. The affidavit required by this section must be signed by a responsible person connected with the transaction, and the affidavit must state that connection. The clerk of court or register of mesne conveyances, at his discretion, may waive the affidavit requirement.
(B) The clerk of court or register of mesne conveyances shall file these affidavits in his office.
(C) A person required to furnish the affidavit who wilfully furnishes a false or fraudulent affidavit is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both."
E. This act takes effect July 1, 1997./
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
Having received the requisite vote under Rule 24B, the amendment was adopted.
Senator J. VERNE SMITH proposed the following Amendment No. 43 (PSD\7279AC.97), which was adopted:
AMEND THE BILL, AS AND IF AMENDED, PART II, BY ADDING AN APPROPRIATELY NUMBERED SECTION TO READ:
THIS 1976 CODE IS AMENDED BY ADDING SECTION 43-3-65 SO AS TO REQUIRE THE GOVERNING AUTHORITIES OF EACH COUNTY TO PROVIDE OFFICE SPACE AND FACILITY SERVICES FOR ITS COUNTY DEPARTMENT OF SOCIAL SERVICES.
A. The 1976 Code is amended by adding:
/Section 43-3-65. The governing authorities of each county shall provide office space and facility service, including janitorial, utility and telephone services, and related supplies, for its county department of social services.
B. This section takes effect July 1, 1997./
Renumber sections to conform.
Amend title to conform.
Senator J. VERNE SMITH explained the amendment.
Senator J. VERNE SMITH moved that the amendment be adopted.
Having received the requisite vote under Rule 24B, the amendment was adopted.
Senator SHORT proposed the following Amendment No. 45 (PT\1261MM.97), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND TITLE 1, CHAPTER 1 OF THE 1976 CODE, RELATING TO GENERAL PROVISIONS, BY ADDING SECTION 1-1-710 SO AS TO DESIGNATE THE SOUTH CAROLINA RAILROAD MUSEUM IN FAIRFIELD COUNTY AS THE OFFICIAL RAILROAD MUSEUM OF THE STATE OF SOUTH CAROLINA UPON THE PAYMENT OF A FEE TO THE SECRETARY OF STATE.
A. Title 1, Chapter 1 of the 1976 Code is amended by adding:
"Section 1-1-710. The South Carolina Railroad Museum in Fairfield County is the official railroad museum of the State of South Carolina, upon the payment of a fee of five dollars to the Secretary of State."
B. This section takes effect on July 1, 1997./
Renumber sections to conform.
Amend title to conform.
Senator SHORT explained the amendment.
Senator SHORT moved that the amendment be adopted.
Having received the requisite vote under Rule 24B, the amendment was adopted.
Senators PASSAILAIGUE, McCONNELL, RAVENEL, ROSE, MESCHER, FORD, WILLIAMS and WASHINGTON proposed the following Amendment No. 51 (PT\1262SD.97):
Amend the bill, as and if amended, in Part II, by adding a new SECTION to be appropriately numbered which shall read:
TO PROVIDE THAT ON JULY 1, 1997, THE POWERS, DUTIES, ASSETS, AND LIABILITIES OF THE PATRIOT'S POINT DEVELOPMENT AUTHORITY ARE TRANSFERRED TO AND DEVOLVED UPON THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, AND TO REPEAL SECTIONS 51-13-720, 51-13-725, AND 51-13-730 OF THE 1976 CODE RELATING TO THE BOARD OF THE PATRIOT'S POINT DEVELOPMENT AUTHORITY.
(A) The 1976 Code is amended by adding:
"Notwithstanding any other provision of law, on July 1, 1997, the powers, duties, assets, and liabilities of the Patriot's Point Development Authority are transferred to and devolved upon the Department of Parks, Recreation and Tourism."
(B) Sections 51-13-720, 51-13-725, and 51-13-730 of the 1976 Code are repealed on July 1, 1997.
(C) This section takes effect on July 1, 1997./
Renumber sections to conform.
Amend title to conform.
Senator RAVENEL explained the amendment.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
Senator PATTERSON assumed the Chair at 4:15 P.M.
Senator PASSAILAIGUE continued arguing in favor of the adoption of the amendment.
Senator ROSE argued in favor of the adoption of the amendment.
Senator LEATHERMAN spoke on the amendment.
Senator McCONNELL spoke on the amendment.
Senator McCONNELL asked unanimous consent to make a motion to take up the following amendment for immediate consideration and substitute it for Amendment No. 51.
There was no objection.
Senators McCONNELL, PASSAILAIGUE, RAVENEL, ROSE, MESCHER, FORD, WILLIAMS and WASHINGTON proposed the following Amendment No. 51A (3400R2222.GFM), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered new SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 51-13-727 SO AS TO ADD TWO MEMBERS TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY AND TO PROVIDE FOR THEIR METHOD OF APPOINTMENT.
A. Article 11, Chapter 13, Title 51 of the 1976 Code is amended by adding:
"Section 51-13-727. In addition to the members of the Patriot's Point Development Authority provided for in Sections 51-13-720 and 51-13-725, there are two additional members of the board, one Senator representing Charleston, Berkeley, and Dorchester Counties and one appointed by the Speaker of the House upon the recommendation by the members of the House of Representatives representing these counties. These additional members shall serve for terms of four years and until their successors are appointed and qualify. These members may succeed themselves and vacancies must be filled in the same manner of the original appointment for the unexpired portion of the term."
B. The Senate Finance Committee and the House Ways and Means Committee each shall conduct a study of the transfer of the powers, duties, assets, and responsibilities of the Patriot's Point Development Authority to the Department of Parks, Recreation and Tourism and report the fiscal and other impacts of a devolvement to their respective bodies./
Amend sections, totals and title to conform.
Senator McCONNELL explained the amendment.
Having received the requisite vote under Rule 24B, Amendment No. 51A was adopted.
Senators LAND and WILSON proposed the following Amendment No. 53 (PSD\7319AC.97), which was adopted:
Amend the bill, as and if amended, Part II, by adding a new SECTION appropriately numbered to read:
TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE BY ADDING ARTICLE 52 SO AS TO PROVIDE FOR CHARTER LIMOUSINE LICENSE PLATES, TO ESTABLISH A TWENTY-FIVE DOLLAR FEE FOR THESE PLATES, AND TO PROVIDE FUNDING FOR PROCESSING DOCUMENTS RELATED TO ACQUIRING THESE PLATES.
A. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-5300. (A) In addition to complying with any other registration and license fee requirement contained in this chapter, a 'charter limousine' regulated by the South Carolina Public Service Commission must acquire a special license plate from the Department of Public Safety upon submission of proof that the charter limousine is certified as a 'Class C Charter Limousine' by the commission.
(B) The biennial fee for this special license plate is twenty-five dollars.
(C) Of the funds appropriated to the Public Service Commission in the Annual Appropriations Act for 1997-1998 and subsequent years for Operations/Administration, Other Operating Expenses, sufficient funds must be used to process documents providing proof that the charter limousine is certified as a 'Class C Charter Limousine' as required by subsection (A)."
B. This section takes effect July 1, 1997./
Renumber sections to conform.
Amend totals and title to conform.
Senator LAND explained the amendment.
Having received the requisite vote under Rule 24B, the amendment was adopted.
Senator GREGORY proposed the following Amendment No. 54 (GJK\20686HTC.97), which was ruled out of order:
Amend the bill, as and if amended, Part II, by adding a new SECTION appropriately numbered to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-625 SO AS TO IMPOSE AN ADDITIONAL ONE CENT A PACK TAX ON CIGARETTES AND REQUIRE THE REVENUE TO BE CREDITED TO A SPECIAL FUND AND USED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL EXCLUSIVELY TO DISCOURAGE YOUTH SMOKING.
A. Article 5, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-625. An additional tax equal to one-half mill is imposed on each cigarette subject to tax pursuant to Section 12-21-620(1). For purposes of payment, collection, and enforcement, this additional tax is considered a portion of the tax imposed pursuant to Section 12-21-620(1). The revenue of the tax imposed by this section must be credited to a separate segregated fund in the State Treasury for the use of the Department of Health and Environmental Control exclusively to discourage smoking in persons under the age of eighteen years."
B. This section takes effect July 1, 1997./
Renumber sections to conform.
Amend totals and title to conform.
Senator GREGORY explained the amendment.
The PRESIDENT assumed the Chair at 4:40 P.M.
Senator LAND spoke on 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.
The amendment was ruled out of order.
Senator THOMAS proposed the following Amendment No. 63 (DKA\4546CM.97), which was tabled:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-185 SO AS TO PROVIDE THAT THE BUDGET AND CONTROL BOARD MAY ADOPT RULES AND PROMULGATE CERTAIN REGULATIONS THAT GOVERN THE OPERATION OF THE DEPARTMENT OF CORRECTIONS; AND TO AMEND SECTION 24-1-140, RELATING TO POWERS OF THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS SHALL PERFORM CERTAIN DUTIES TO CARRY OUT THE INTENT OF CHAPTER 1, TITLE 24 OF THE 1976 CODE, SHALL CARRY OUT CERTAIN DIRECTIVES OF THE BUDGET AND CONTROL BOARD, AND IS AUTHORIZED TO MAKE AND EXECUTE CERTAIN CONTRACTS.
A. Article 1, Chapter 11, Title 1 of the 1976 Code is amended by adding:
"Section 1-11-185. (A) The Budget and Control Board is authorized to adopt rules and promulgate regulations governing the transaction of the business of the penal system of the State by the Department of Corrections and its director and the administration of the affairs of the penal system in the different penal institutions under its authority and supervision and shall make the institutions as self-supporting as possible.
(B) The Budget and Control Board shall adopt rules and promulgate regulations governing the negotiation and execution of any contract for the land acquisition, design, construction, operation, maintenance, use, lease, or management of a state correctional institution or for any services pertaining to the custody, care, and control of inmates or other functions related to the discharge of these responsibilities.
(C) All rules adopted and regulations promulgated must comply with the provisions of the Administrative Procedures Act. The courts shall take judicial notice of these rules and regulations.
(D) The director of the Department of Corrections shall cause to be designed and constructed institutions commensurate with security levels and quality standards, including operational costs and staffing, which exist at other recently constructed South Carolina correctional facilities."
B. Section 24-1-140 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-1-140. (A) The director shall have power to prescribe reasonable rules and regulations governing the humane treatment, training, and discipline of prisoners, and to make provision for the separation and classification of prisoners according to sex, color, age, health, corrigibility, and character of offense upon which the conviction of the prisoner was secured.
(B) The director shall perform other duties and functions that are necessary or desirable to carry out the intent of this chapter and that he may be directed to perform by the Budget and Control Board. The director, or his designee, is authorized to make and execute contracts and all other instruments necessary or convenient for the acquisition of professional and personal employment services and for the leasing of real property.
Subject to legislative appropriations, the director is authorized to make and execute any contract for the land acquisition, design, construction, operation, maintenance, use, lease, or management of a state correctional institution or for any services pertaining to the custody, care, and control of inmates or other functions that are related to the discharge of these responsibilities and to designate any person or organization with whom the director contracts as a law enforcement unit."
C. This section takes effect July 1, 1997./
Renumber sections to conform.
Amend totals and title to conform.
Senator THOMAS explained the amendment.
Senator LAND spoke on the amendment.
Senator LAND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator McCONNELL proposed the following Amendment No. 67 (PT\1266MM.97), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
Senator McCONNELL explained the amendment.
Senator McCONNELL moved that the amendment be adopted.
Senator THOMAS spoke on the amendment.
Having received the requisite vote under Rule 24B, the amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 71 (3400R323.ELP), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered new SECTION to read:
Section 44-53-810. The General Assembly finds:
(1) that the future of this State rests in the hands of school children;
(2) the Drug Abuse Resistance Education Program taught in this State and in many schools nationally provides an effective and proven awareness of instilling drug resistance skills in our school children, and promoting the hope of a secure and healthy future for these children.
Section 44-53-820. There is established the Drug Awareness Resistance Education (DARE) Fund, an eleemosynary corporation, the resources of which must be used to promote and encourage the Drug Awareness and Resistance Education Program in this State. The trust fund supplements and augments services provided by government agencies and does not take the place of these services.
Section 44-53-830. (A) The DARE Fund is to be administered by a board of directors appointed by the Governor, with the advice and consent of the Senate, and is composed of:
(1) the Attorney General, ex officio, or his designee;
(2) two county sheriffs, who shall serve ex officio;
(3) two police chiefs;
(4) two local law enforcement officers assigned to the DARE Program; and
(5) two school principals.
Directors who are not elected officials serve by virtue of their position at the time of appointment.
(B) Members shall serve terms of four years and until successors are appointed and qualify. A board member may be removed by the Governor in accordance with Section 1-3-240(B). Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.
Section 44-53-840. Board members are not entitled to per diem but may be reimbursed for mileage and all necessary and reasonable expenses incurred in the performance of their duties under this article.
Section 44-53-850. In administering this article, the board is authorized, but not limited to:
(1) develop and implement educational programs and campaigns in support of the DARE Program in South Carolina;
(2) make policy recommendations for the DARE Program in South Carolina;
(3) assess the needs of DARE Programs;
(4) determine how the monies in the fund are to be disbursed;
(5) acquire and hold property;
(6) invest trust monies, including pooled investment funds maintained by the State;
(7) utilize local resources including volunteers when appropriate.
Section 44-53-860. The board shall elect a chairman from among its members and shall adopt rules for the governance of its operations. The board shall meet at least semiannually. Six members constitute a quorum.
Section 44-53-870. The board may employ a director and other staff as necessary to carry out the provisions of this article; however, administration of this article may not exceed twenty percent of the total funds credited to the trust fund, excluding the administrative fee paid to the Department of Revenue pursuant to Section 12-6-5080.
Section 44-53-880. Funds credited to the trust fund, excluding the administrative fees paid to the Department of Revenue, may be used for, but are not limited to:
(1) administration of this article including, but not limited to, personnel and board expenses;
(2) development and promotion of the DARE Program in this State;
(3) a reserve fund in an interest-bearing account with five percent of the funds received by the trust fund annually to be placed in this account. No withdrawals may be made from this account until the minimum balance has reached one hundred thousand dollars and then these funds may be used only in years in which donations do not meet the average normal operating cost incurred by the trust fund and funds are needed to meet expenses. Once the balance in the reserve funds reaches one hundred thousand dollars, excess fund earned by interest and yearly allocations may be used at the discretion of the board to cover operating costs and to provide additional funds.
Section 44-53-890. The fund board annually by February first shall submit a report to the General Assembly concerning its expenditures of fund monies and activities."
C. This act takes effect upon approval by the Governor./
Amend sections, totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
The question then was the vote required under Rule 24B on Amendment No. 71.
Senator FAIR objected.
The PRESIDENT ordered a division vote.
By a division vote of 26-8, the amendment was adopted.
Senators DRUMMOND and SETZLER proposed the following Amendment No. 75 (GJK\20681HTC.97), which was adopted:
Amend the bill, as and if amended, PART II, by adding an appropriately numbered SECTION to read:
Senator SETZLER explained the amendment.
Having received the requisite vote under Rule 24B, the amendment was adopted.
Senators LAND, HOLLAND and DRUMMOND proposed the following Amendment No. 78 (KGH\15214SD.97), which was ruled out of order:
Amend the bill, as and if amended, Part II, by adding a new SECTION to be appropriately numbered which shall read:
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
Senator THOMAS 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.
The amendment was ruled out of order.
Senators LAND and MOORE proposed the following Amendment No. 81 (3400R422.TLM), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered new SECTION at the end to read:
TO AMEND SECTION 12-37-220(B), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT FROM TAX THE FAIR MARKET VALUE OF ALL PRIVATE PASSENGER MOTOR VEHICLES AND TRUCKS WITH AN EMPTY WEIGHT OF NOT MORE THAN FIVE THOUSAND POUNDS WHEN REGISTERED TO AN INDIVIDUAL FOR PERSONAL USE AND TO PROVIDE FOR AN EIGHT YEAR PHASE-IN OF THE EXEMPTION.
A. Section 12-37-220(B) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( )(a) Subject to the requirements of subitem (b), the fair market value of:
(i) a motor vehicle which may be registered upon payment of the fees provided in Section 56-3-620; and
(ii) a truck with an empty weight of not more than five thousand pounds.
(b) Only a vehicle registered to an individual for personal use is eligible for the exemption allowed by this item. The provisions of Article 21 of this title, including the minimum assessment provisions of Section 12-37-2640, do not apply with respect to motor vehicles and trucks exempt pursuant to this item.
(c) Revenues not collected because of this exemption must be reimbursed to jurisdictions imposing property taxes in the manner provided in Section 12-37-270, mutatis mutandis."
B. Upon approval by the Governor, this SECTION is effective in the manner provided in this schedule:
Property Tax Year Beginning Percentage of Fair Market
After Value that is Exempt
1997 12.5 percent
1998 25 percent
1999 37.5 percent
2000 50 percent
2001 62.5 percent
2002 75 percent
2003 87.5 percent
2004 100 percent./
Amend sections, totals and title to conform.
Senator MOORE explained the amendment.
Senator MOORE moved that the amendment be adopted.
Having received the requisite vote under Rule 24B, the amendment was adopted.
Senator DRUMMOND asked unanimous consent to make a motion that no further amendments to Part II would be received at the desk after 6:00 P.M.
Senator BRYAN objected.
Senator CORK proposed the following Amendment No. 84 (3400C011.HAC), which was tabled:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered new SECTION to read:
TO AMEND ARTICLE 1, CHAPTER 5, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF TRANSPORTATION, BY ADDING SECTION 57-5-200 SO AS TO PROVIDE THAT THE RURAL SYSTEM UPGRADE PROJECT FORMULA ADOPTED BY THE COMMISSION ON JANUARY 30, 1997, SHALL NOT AFFECT PROJECTS APPROVED PRIOR TO THIS DATE AND THAT THESE PROJECTS MUST BE COMPLETED AS ORIGINALLY SCHEDULED.
A. Article 1, Chapter 5, Title 57 of the 1976 Code is amended by adding:
"Section 57-5-200. The funding allocation method for rural system upgrade projects based on non-metropolitan planning organizations adopted by the Commission on January 30, 1997, shall not affect rural system projects previously approved by the Commission prior to this date. These projects must continue to be funded pursuant to original project schedules and time lines for completion."
B. This section takes effect upon approval by the Governor./
Amend sections, totals and title to conform.
Senator CORK explained the amendment.
Senator CORK moved that the amendment be adopted.
Senator DRUMMOND spoke on the amendment.
Senator WASHINGTON spoke on the amendment.
Senator MARTIN assumed the Chair at 5:55 P.M.
Senator DRUMMOND moved to lay the amendment on the table. The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryan Courson Courtney Drummond Elliott Fair Giese Hayes Leatherman Leventis Martin Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Peeler Setzler Short Smith, J. Verne Waldrep Wilson
Anderson Cork Ford Glover Gregory Hutto Jackson Lander Rankin Ravenel Reese Russell Ryberg Saleeby Washington Williams
The amendment was laid on the table.
Senators SHORT and MARTIN proposed the following Amendment No. 85 (3400C010.LHS), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered new SECTION to read:
Senator SHORT explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
Having received the requisite vote under Rule 24B, the amendment was adopted.
Senator COURTNEY proposed the following Amendment No. 90 (KGH\15216SD.97), which was adopted:
Amend the bill, as and if amended, Part II, by adding a new SECTION to be appropriately numbered to read:
TO AMEND THE 1976 CODE BYADDING SECTIONS 12-6-555 AND 12-36-75 SO AS TO PROVIDE THAT A PERSON THAT DOES NOT OTHERWISE HAVE A NEXUS WITH SOUTH CAROLINA AND THAT HAS CONTRACTED FOR COMMERCIAL PRINTING AT A SOUTH CAROLINA PREMISES SHALL NOT BE CONSIDERED TO HAVE INCOME DERIVED FROM SOURCES WITHIN SOUTH CAROLINA OR BE SUBJECT TO THE SALES AND USE TAX UNDER CERTAIN CONDITIONS.
(A) The 1976 Code is amended by adding:
"Section 12-6-555. Notwithstanding any other provision of this chapter, with respect to a person that does not otherwise have a nexus with South Carolina, and that has contracted with a commercial printer for printing:
(1) the ownership or leasing by that person of tangible or intangible property located at the South Carolina premises of the commercial printer and used in connection with printing contracts;
(2) the sale by that person of property printed or imprinted at and shipped or distributed from the South Carolina premises of the commercial printer by the commercial printer;
(3) the activities performed pursuant or incident to a printing contract by or on behalf of that person at the South Carolina premises of the commercial printer by the commercial printer; or
(4) the activities performed pursuant or incident to a printing contract by the commercial printer in South Carolina for or on behalf of that person;
shall not cause that person to have income derived from sources within South Carolina for purposes of the taxes imposed by this chapter, unless that person engages in other activities in South Carolina that exceed the protection of 15 U.S.C. Section 381. The person shall not be considered to have a fixed place of business in South Carolina at either the commercial printer's premises or at any place where the commercial printer performs printing and related services on behalf of that person."
(B) The 1976 Code is amended by adding:
"Section 12-36-75. (A) Notwithstanding any other provision of this chapter, tangible or intangible property that is:
(1) owned or leased by a person that has contracted with a commercial printer for printing and used in connection with a printing contract; and
(2) located at the premises of the commercial printer;
shall not be considered to be, or to create, an office, a place of distribution, a sales location, a sample location, a warehouse, a storage place, or other place of business maintained, occupied, or used in any way by the person. A commercial printer with which a person has contracted for printing by reason of any printing contract which may include storing and shipping the items printed shall not be considered to be in any way a representative, an agent, a salesman, a canvasser, or a solicitor for the person.
(B) Notwithstanding any other provision of this chapter, the following shall not cause a person that has contracted with a commercial printer for printing to have a duty to register as a retailer or to collect or remit the sales or use tax imposed by this chapter:
(1) the ownership or leasing by that person of tangible or intangible property located at the South Carolina premises of the commercial printer and used in connection with printing contracts;
(2) the sale by that person of property printed or imprinted at and shipped or distributed from the South Carolina premises of the commercial printer by the commercial printer;
(3) the activities performed pursuant or incident to a printing contract by or on behalf of that person at the South Carolina premises of the commercial printer by the commercial printer; or
(4) the activities performed pursuant or incident to a printing contract by the commercial printer in South Carolina for or on behalf of that person."/
Renumber sections to conform.
Amend totals and title to conform.
Senator COURTNEY explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
Having received the requisite vote under Rule 24B, the amendment was adopted.
Senator HOLLAND proposed the following Amendment No. 92 (PSD\7335AC.97), which was withdrawn:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE, BY ADDING SECTION 57-3-617 SO AS TO PROVIDE THAT IF AUTHORIZED BY FEDERAL LAW, THE DEPARTMENT OF TRANSPORTATION SHALL ESTABLISH TOLL FACILITIES AT CERTAIN LOCATIONS ALONG INTERSTATE HIGHWAYS IN SOUTH CAROLINA AND TO PROVIDE THAT PROCEEDS GENERATED BY THESE TOLLS MUST BE DEPOSITED IN A SEPARATE ACCOUNT DESIGNATED AS THE "HIGHWAY AND ROAD MAINTENANCE TRUST FUND," TO BE USED FOR THE MAINTENANCE OF HIGHWAYS AND ROADS IN SOUTH CAROLINA.
The 1976 Code is amended by adding:
"Section 57-3-617. (A) If and to the extent authorized by federal law, the Department of Transportation shall establish a toll facility at an appropriate location in each of the following counties, along the interstate highway specified for that county:
(1) Jasper County, Interstate 95;
(2) Dillon County, Interstate 95;
(3) Oconee County, Interstate 85; and
(4) Cherokee County, Interstate 85.
(B) The department shall determine the amount of the tolls charged and shall make available passes which may be purchased on an annual basis which may be used by the holder in lieu of paying a toll imposed pursuant to this section.
(C) Proceeds generated from tolls imposed pursuant to this section must be deposited in a separate account which must be established and administered by the Department of Transportation, designated as the 'Highway and Road Maintenance Construction Trust Fund', to be used for the maintenance of highways and roads in South Carolina.
(D) Sections 12-27-1290, 12-28-2920, and 57-3-615 do not apply to toll facilities established or tolls collected pursuant to this section./
Renumber sections to conform.
Amend totals and title to conform.
Senator MOORE explained the amendment.
Senator LAND spoke on the amendment.
On motion of Senator MOORE, with unanimous consent, the amendment was withdrawn, with the understanding that if the Senate later agreed to prohibit the offering of any further amendments to Part II, such prohibition would not apply to the Holland amendment.
The PRESIDENT assumed the Chair at 6:20 P.M.
Senators ALEXANDER, MARTIN and SHORT proposed the following Amendment No. 97 (DKA\4553HTC.97), which was ruled out of order:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
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.
The amendment was ruled out of order.
Senators LEVENTIS and ALEXANDER proposed the following Amendment No. 112 (GJK\20705HTC.97), which was ruled out of order:
Amend the bill, as and if amended, PART II, by adding an appropriately numbered SECTION to read:
TO REOPEN THE FILING PERIOD FOR THE MULTIPLE LOT DISCOUNT FOR PROPERTY TAX YEAR 1996 FOR THIRTY DAYS.
The filing period for the multiple lot discount allowed pursuant to Section 12-43-224 of the 1976 Code for property tax year 1996 is reopened for thirty days beginning on the effective date of this section./
Renumber sections to conform.
Amend 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.
Senator ALEXANDER spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senators WILSON, J. VERNE SMITH, SETZLER, COURSON and GIESE proposed the following Amendment No. 113 (3400R219.AGW), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered new SECTION at the end to read:
TO AMEND SECTION 12-43-220(c)(1), AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FOUR PERCENT ASSESSMENT RATIO FOR PROPERTY TAXATION OF LEGAL RESIDENCES, SO AS TO INCLUDE ADDITIONAL DWELLINGS OCCUPIED BY IMMEDIATE FAMILY MEMBERS.
A. Section 12-43-220(c)(1) of the 1976 Code, as last amended by Act 431 of 1996, is further amended to read:
"(1) The legal residence and not more than five acres contiguous thereto, when owned totally or in part in fee or by life estate and occupied by the owner of the interest, and additional dwellings located on the same property and occupied by immediate family members of the owner of the interest, are is taxed on an assessment equal to four percent of the fair market value of the property. If residential real property is held in trust and the income beneficiary of the trust occupies the property as a residence, then the assessment ratio allowed by this item applies if the trustee certifies to the assessor that the property is occupied as a residence by the income beneficiary of the trust. When the legal residence is located on leased or rented property and the residence is owned and occupied by the owner of a residence on leased property, even though at the end of the lease period the lessor becomes the owner of the residence, the assessment for the residence is at the same ratio as provided in this item. If the lessee of property upon which he has located his legal residence is liable for taxes on the leased property, then the property upon which he is liable for taxes, not to exceed five acres contiguous to his legal residence, must be assessed at the same ratio provided in this item. If this property has located on it any rented mobile homes or residences which are rented or any business for profit, this four percent value does not apply to those businesses or rental properties. For purposes of the assessment ratio allowed pursuant to this item, a residence does not qualify as a legal residence unless the residence is determined to be the domicile of the owner-applicant. A taxpayer may receive the four percent assessment ratio on only one residence for a tax year."
B. This act takes effect for property taxes beginning after 1997./
Amend sections, totals and title to conform.
Senator WILSON explained the amendment.
Senator WILSON moved that the amendment be adopted.
Having received the requisite vote under Rule 24B, the amendment was adopted.
Senator PATTERSON proposed the following Amendment No. 115 (3400R337.KP), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered new SECTION to read:
TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO EXTEND ELIGIBILITY TO THE SOUTH CAROLINA STATE EMPLOYEES' ASSOCIATION.
A. Section 1-11-720(A) of the 1976 Code, as last amended by Act 458 of 1996, is further amended to by adding an appropriately numbered item at the end to read:
"( ) the South Carolina State Employees' Association."
B. This section takes effect July 1, 1997./
Amend sections, totals and title to conform.
Senator PATTERSON explained the amendment.
Senator PATTERSON moved that the amendment be adopted.
Having received the requisite vote under Rule 24B, the amendment was adopted.
Senator PASSAILAIGUE asked unanimous consent to make a motion to take up for immediate consideration Amendment No. 8A, which was previously carried over.
There was no objection.
Senator PASSAILAIGUE proposed the following Amendment No. 8A (3400R223.ELP), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered new SECTION at the end to read:
TO AMEND SECTION 6-1-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL ESTATE TRANSFER FEES, BY PROVIDING THAT THE GOVERNING BODY OF EACH COUNTY, MUNICIPALITY, SCHOOL DISTRICT, OR SPECIAL PURPOSE DISTRICT MAY NOT IMPOSE ANY FEE OR TAX OF ANY NATURE OR DESCRIPTION ON THE TRANSFER OF REAL PROPERTY UNLESS THE GENERAL ASSEMBLY HAS EXPRESSLY AUTHORIZED BY GENERAL LAW THE IMPOSITION OF THE FEE OR TAX; TO PROVIDE THAT THE LOCAL GOVERNING BODIES THAT ENACTED AND COLLECTED FEES ON TRANSFERS OF REAL ESTATE PENDING RESOLUTION OF THEIR DISPUTE OVER THE REQUIREMENT THAT THE COLLECTED FUNDS BE REMITTED TO THE STATE TREASURER, BE ALLOWED TO USE THOSE FUNDS COLLECTED AS OF JULY 1, 1997, FOR THEIR ORIGINALLY INTENDED SPECIFIC LOCAL PURPOSES, OR IN THE ALTERNATIVE, TO REFUND THE FEES TO THOSE WHO PAID THEM.
A. Section 6-1-70 of the 1976 Code is amended to read:
"Section 6-1-70. (A) The governing body of each county and, municipality, school district, or special purpose district may not impose any fee or tax of any nature or description on the transfer of real property unless the General Assembly has expressly authorized by general law the imposition of the fee or tax. which enacts and collects any fee which is charged on the transfer of real estate shall, not later than ten days after the close of a fiscal year quarter, remit to the State Treasurer an amount equal to the amount of real estate transfer fees collected in the previous fiscal year quarter. The county or municipality may voluntarily elect to have the State Treasurer or Comptroller General, as appropriate, deduct the amount required to be remitted from any distributions authorized to be made to the county or municipality under Aid to Subdivisions."
B. The local governing bodies that enacted and collected fees on transfers of real estate pending resolution of their dispute over the requirement that the collected funds be remitted to the State Treasurer, be allowed to use those funds collected as of July 1, 1997, for their originally intended specific local purposes, or in the alternative, to refund the fees to those who paid them.
C. This section takes effect July 1, 1997./
Amend sections, totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
Having received the requisite vote under Rule 24B, the amendment was adopted.
Senator PASSAILAIGUE asked unanimous consent to take up for immediate consideration Amendment No. 86A directly following the disposition of Amendment No. 8A.
There was no objection.
Senator CORK proposed the following Amendment No. 86A (3400R425.HAC), which was adopted:
Amend the bill, as and if amended, Part II, page , by adding an appropriately numbered new SECTION at the end to read:
TO AMEND SECTION 6-1-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL ESTATE TRANSFER FEES SO AS TO PROVIDE THAT A MUNICIPALITY THAT ORIGINALLY ENACTED A REAL ESTATE TRANSFER FEE PRIOR TO JANUARY 1, 1991 MAY IMPOSE AND COLLECT A REAL ESTATE TRANSFER FEE, BY ORDINANCE, REGARDLESS OF WHETHER IMPOSITION OF THE FEE WAS DISCONTINUED FOR A PERIOD AFTER JANUARY 1, 1991; TO PROVIDE THAT THE STATE TREASURER IS DIRECTED TO RETURN ANY REAL ESTATE TRANSFER FEES WHICH HAVE BEEN REMITTED TO HIS OFFICE TO THE LOCAL GOVERNING BODY WHICH REMITTED THOSE FUNDS SO THE FUNDS MAY BE USED FOR THEIR ORIGINALLY INTENDED SPECIFIC LOCAL PURPOSES.
A. Section 6-1-70 of the 1976 Code is amended by adding:
"(B) A municipality that originally enacted a real estate transfer fee prior to January 1, 1991 may impose and collect a real estate transfer fee, by ordinance, regardless of whether imposition of the fee was discontinued for a period after January 1, 1991."
B. The State Treasurer is directed to return any real estate transfer fees which have been remitted to his office to the local governing body which remitted those funds so the funds may be used for their originally intended specific local purposes.
C. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this section or of Section 6-1-70 for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
D. This section takes effect July 1, 1997./
Amend sections, totals and title to conform.
Senator CORK explained the amendment.
Senator CORK moved that the amendment be adopted.
Having received the requisite vote under Rule 24B, the amendment was adopted.
The question resumed on the motion to reconsider the vote whereby Amendment No. 10 was not adopted, with Senator COURTNEY retaining the floor.
Senator COURTNEY spoke on the motion to reconsider the vote whereby Amendment No. 10 was not adopted.
Senator SETZLER spoke on the motion to reconsider.
Senator PASSAILAIGUE asked unanimous consent to make a motion to withdraw Amendment No. 10.
Senator BRYAN objected.
Senator SETZLER spoke on the motion to reconsider.
Senator BRYAN asked unanimous consent to make a motion to withdraw Amendment No. 10.
Senator WILSON objected.
Senator SETZLER spoke on the motion to reconsider.
At 7:55 P.M., Senator McCONNELL moved under Rule 15A to set a time certain of 8:00 P.M. on May 7, 1997, to vote on the entire matter pertaining to Amendment No. 10.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryan Cork Courtney Drummond Elliott Fair Glover Hayes Hutto Jackson Land Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Ryberg Short Smith, J. Verne Thomas Waldrep Washington Williams
Courson Giese Reese Russell Setzler Wilson
Senator WILSON was recognized.
Senator MOORE made a Parliamentary Inquiry as to whether Senator WILSON was speaking on the motion to reconsider.
By previous action of the Senate, the time certain had arrived to vote on the entire matter pertaining to Amendment No. 10.
Senator BRYAN asked unanimous consent to make a motion to withdraw Amendment No. 10 and substitute Amendment No. 10A.
There was no objection.
Senator PASSAILAIGUE proposed the following Amendment No. 10A (20709HTC.97), which was adopted:
Amend the bill, as and if amended, PART II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTIONS 6-27-45 AND 12-37-251, AS AMENDED, BOTH OF THE 1976 CODE, RELATING TO HOMESTEAD EXEMPTION REIMBURSEMENTS AND THE OWNER-OCCUPIED RESIDENTIAL PROPERTY SCHOOL OPERATING MILLAGE TAX EXEMPTION, SO AS TO DELETE REFERENCES TO THE REIMBURSEMENT DISTRIBUTION FORMULA AFTER THE 1997 PROPERTY TAX YEAR AND TO ESTABLISH A STUDY COMMITTEE OF EIGHT Senator APPOINTED BY THE PRESIDENT PRO TEMPORE TO REVIEW THE DISTRIBUTION FORMULA ISSUE AND MAKE RECOMMENDATIONS BEFORE FEBRUARY 1, 1998, FOR A DISTRIBUTION FORMULA APPLICABLE BEGINNING WITH THE 1998 PROPERTY TAX YEAR.
A. It is the intent of the General Assembly by this section to eliminate the existing residential property tax reimbursement distribution formula for property tax years after 1997. The existing formula is hereby repealed for property tax years after 1997 and is to be replaced by a revised formula enacted by the General Assembly, as provided for herein, after the report is issued by the study committee as set forth in subsection E. This section does not affect the distribution formula for property tax year 1997.
B. Section 6-27-45 of the 1976 Code, as added by Act 145 of 1995, is further amended to read:
"Section 6-27-45. Notwithstanding the amount appropriated in the annual general appropriations act for 'Homestead Exemption Reimbursement', there must be annually appropriated whatever amount is necessary to reimburse the counties and municipalities of the State for all reimbursed homestead exemptions allowed in accordance with the provisions of law the homestead exemption allowed pursuant to Section 12-37-250."
C. Section 12-37-251(B) of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:
"(B) School districts must be reimbursed, in the manner provided in Section 12-37-270, for the revenue lost as a result of the homestead exemption provided in this section except that ninety percent of the reimbursement must be paid in the last quarter of the calendar year. Reserved"
D. There is established the Residential Property Tax Relief Reimbursement Distribution Study Committee consisting of eight members, four members of the Senate appointed by the President Pro Tempore of the Senate and four members of the House of Representatives appointed by the Speaker of the House. The committee shall make a study of the reimbursement distribution issue for the residential property tax exemption and make recommendations for a formula beginning with reimbursement distributions for the 1998 property tax year. The committee's recommendation must be forwarded to the President Pro Tempore and the Speaker, and the respective chairmen of the Senate Finance Committee and the Ways and Means Committee of the House of Representatives before February 1, 1998.
E. Subsections B and C of this section apply for property tax years beginning after 1997. Subsections A and E take effect July 1, 1997./
Renumber sections to conform.
Amend totals and title to conform.
Senators WILSON and SETZLER argued contra to the adoption of the amendment.
Senator PASSAILAIGUE spoke on the amendment.
Senator COURSON spoke on the amendment.
Senator McCONNELL spoke on the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryan Cork Courtney Drummond Elliott Fair Glover Hayes Hutto Jackson Land Lander Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Ryberg Short Smith, J. Verne Thomas Waldrep Washington Williams
Courson Giese Reese Russell Setzler Wilson
Having received the requisite vote under Rule 24B, the amendment was adopted.
Senator DRUMMOND asked unanimous consent to make a motion that no further amendments to Part II be received at the desk.
There was no objection.
Senator LAND asked unanimous consent to make a motion to introduce H. 3665.
Senator THOMAS objected.
On motion of Senator DRUMMOND, debate was interrupted by adjournment.
On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Betty Jo Waddell Terry of Taylors, S.C.
At 8:20 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 10:00 A.M.
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