Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:30 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 words of the Psalmist (Psalm 113:2-3):
"Blessed be the name of the Lord from this time forth and forevermore!
From the rising of the sun to its setting, the Name of the Lord is to be praised!"
Let us pray.
Almighty God, our Father, the King of Kings and the Lord of Lords, the time has come for us to turn in our record of stewardship in this place.
The Journal will record our deeds!
You, alone, know our hearts!
Give us credit, O Lord, in the Great Assize for what, in our hearts, we had hoped to accomplish, and what, sometimes, we tried desperately to do.
For the privilege of serving we are grateful!
Hear, O Lord, the ancient prayer:
May the Lord bless us and keep us, ... cause His face to shine upon us... lift up His countenance upon us, and give us peace... both now and forevermore.
Amen!

June 16, 1998
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Reappointment, Colleton County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Norris O. Rearden, 100 Rearden Lane, Walterboro, S.C. 29488

Initial Appointment, Dorchester County Probate Judge, with term to commence January 7, 1997, and to expire January 2, 2001, service to commence June 30, 1998:
Honorable Tiffany N. Provence, 100 Fairway Drive, Summerville, S.C. 29483 VICE William J. Wylie, Jr. (resigned)

Initial Appointment, Saluda County Probate Judge, with term to commence January 7, 1997, and to expire January 2, 2001, service to commence July 1, 1998:
Honorable Margaret N. Upchurch, Route 1, Box 326, Saluda, S.C. 29138 VICE Randy Mitchell (resigned)

S. 1253 -- Senator Mescher: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO REDESIGNATE THE BOUNDARIES OF THE DEVON FOREST, STRATFORD, AND WESTVIEW-GOOSE CREEK NO. 3 PRECINCTS AND CHANGE THE MAP REFERENCE TO REFLECT THE CHANGES IN THE BOUNDARIES OF THESE PRECINCTS.

Having voted on the prevailing side, Senator GROOMS moved to recall the Bill from Legislative Council.
There was no objection and the Bill was recalled.

Having voted on the prevailing side, Senator GROOMS moved to reconsider the vote whereby the Senate concurred in the House amendments.
There was no objection and concurrence was reconsidered.

Whereupon, the PRESIDENT Pro Tempore reappointed Senators MESCHER, BRANTON and GROOMS to the Committee of Conference, and a message was sent to the House accordingly.

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 5018 -- Reps. Townsend, Martin, Stille and Cooper: A BILL TO AMEND ACT 294 OF 1961, AS AMENDED, RELATING TO THE ANDERSON COUNTY FIRE PROTECTION COMMISSION, SO AS TO AUTHORIZE THE COMMISSIONERS TO SELECT A TREASURER INSTEAD OF A SECRETARY, DELETE THE PROVISION AUTHORIZING THE COMMISSION TO LEVY A TAX NOT EXCEEDING FOUR MILLS AND SUBSTITUTING A PROVISION WHICH AUTHORIZES THE COMMISSION TO RECOMMEND TO THE ANDERSON COUNTY LEGISLATIVE DELEGATION AN ANNUAL TAX NOT TO EXCEED SIX MILLS FOR THE OPERATION OF THE FIRE PROTECTION SYSTEM, DELETE THE MUNICIPALITY OF PELZER FROM THE EXCEPTIONS OF THE AREA SUBJECT TO THE TAX FOR THE FIRE SYSTEM, REQUIRE THE APPROVAL OF THE ANDERSON COUNTY LEGISLATIVE DELEGATION FOR THE COMMISSION TO ISSUE TAX ANTICIPATION NOTES, CHANGE REFERENCES FROM FIRE MARSHAL TO COUNTY FIRE CHIEF, CLARIFY THE PROCESS AND PROVIDE THAT THE COMMISSION MAKES AN ANNUAL RECOMMENDATION TO THE DELEGATION, WITH THE DELEGATION APPROVING THE BUDGET AND THE COUNTY AUDITOR LEVYING THE AMOUNTS APPROVED BY THE DELEGATION, AND CORRECT ARCHAIC REFERENCES; AND TO AMEND ACT 711 OF 1990 RELATING TO THE AUTHORIZATION OF CERTAIN COMPENSATION FOR MEMBERS OF THE ANDERSON COUNTY FIRE PROTECTION COMMISSION, SO AS TO CLARIFY THE ANNUAL SUBMISSION OF THE BUDGET TO THE ANDERSON COUNTY LEGISLATIVE DELEGATION AND PROVIDE FOR A REFERENDUM IN THE SERVICE AREA OF THE COMMISSION WHEN THE COMMISSION REQUESTS AND THE DELEGATION APPROVES MORE THAN SIX MILLS IN THE ANNUAL BUDGET REQUEST.
(By prior motion of Senator O'DELL, with unanimous consent)

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 10:30 A.M. and the following Acts and Joint Resolutions were ratified:

(R528) S. 174 -- Senator Giese: AN ACT TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH A MOTOR VEHICLE DRIVER'S LICENSE, SO AS TO INCLUDE DEFINITIONS FOR "ALCOHOL" AND "ALCOHOL CONCENTRATION"; TO AMEND ARTICLE 1, CHAPTER 1, TITLE 56, RELATING TO GENERAL PROVISIONS IN CONNECTION WITH A MOTOR VEHICLE DRIVER'S LICENSE, BY ADDING SECTION 56-1-286 SO AS TO REQUIRE THE SUSPENSION OF THE DRIVER'S LICENSE OR OTHER DRIVING PERMIT OF A PERSON UNDER THE AGE OF TWENTY-ONE YEARS WHO IS OPERATING A MOTOR VEHICLE AND WHO HAS AN ALCOHOL CONCENTRATION OF TWO ONE-HUNDREDTHS OF ONE PERCENT OR MORE, TO PROVIDE THAT A LICENSED DRIVER UNDER THE AGE OF TWENTY-ONE CONSENTS TO TESTS FOR THE PRESENCE OF ALCOHOL IN THE INSTANCE OF A TRAFFIC VIOLATION ARREST, TO PRESCRIBE THE METHOD AND PROCEDURE FOR TESTING, TO REQUIRE AN AUTOMATIC SIX-MONTHS' SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS UPON ISSUANCE OF THE NOTICE OF SUSPENSION, TO PROVIDE FOR A TEMPORARY ALCOHOL RESTRICTED LICENSE UPON ENROLLMENT IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM AND PAYMENT OF A THIRTY-DOLLAR FEE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, TO PROVIDE FOR WAIVER OF THE ADMINISTRATIVE HEARING UPON FAILURE OF THE DRIVER TO ENROLL IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM AND TO TIMELY REQUEST AN ADMINISTRATIVE HEARING, TO PRESCRIBE THE SCOPE OF THE ADMINISTRATIVE HEARING, AND TO PROVIDE THAT A PERSON WHOSE DRIVER'S LICENSE IS SUSPENDED PURSUANT TO THESE PROVISIONS IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY; TO AMEND SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS IN CONNECTION WITH A COMMERCIAL DRIVER'S LICENSE, SO AS TO DELETE THE REFERENCES TO "ALCOHOL" AND "ALCOHOL CONCENTRATION"; TO AMEND SECTION 56-5-2930, RELATING TO THE PROHIBITION AGAINST OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF LIQUOR AND CERTAIN LISTED DRUGS, SO AS TO PROHIBIT THE OPERATION WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, OR BOTH OF THEM; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO PENALTIES FOR OPERATION OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO INCREASE THE FINE FROM TWO HUNDRED DOLLARS TO THREE HUNDRED DOLLARS; TO AMEND ARTICLE 23, CHAPTER 5, TITLE 56, RELATING TO DRIVING UNDER THE INFLUENCE BY ADDING SECTION 56-5-2946 SO AS TO REQUIRE SUBMISSION BY A DRIVER TO A TEST FOR THE PRESENCE OF ALCOHOL, DRUGS, OR BOTH OF THEM, IF THERE IS PROBABLE CAUSE OR AN ARREST FOR HIS HAVING CAUSED GREAT BODILY HARM TO OR DEATH OF ANOTHER PERSON WHILE DRIVING UNDER THE INFLUENCE, TO PROVIDE FOR THE METHOD AND PROCEDURE FOR TESTING, TO PROVIDE THAT NONCOOPERATION IN TESTING IS ADMISSIBLE AS EVIDENCE AGAINST THE DRIVER, AND TO REQUIRE THE RELEASE OF TEST RESULTS UPON SUBPOENA OF THOSE RESULTS; TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS FOR THE PRESENCE OF ALCOHOL OR DRUGS, SO AS TO PRESCRIBE THE METHOD AND PROCEDURE FOR TESTING, INCLUDING INFORMING THE DRIVER THAT HIS REFUSAL TO CONSENT MUST RESULT IN A SUSPENSION OF HIS LICENSE AND MAY BE USED AGAINST HIM IN COURT, THAT HE HAS THE RIGHT TO AN ADMINISTRATIVE HEARING AND HE MUST ENROLL IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM, AND THAT HE IS ENTITLED TO AFFIRMATIVE ASSISTANCE IN OBTAINING HIS OWN ADDITIONAL TEST RESULTS, AND TO REDUCE THE ALCOHOL CONCENTRATION LEVEL WHICH GIVES RISE TO AN INFERENCE OF BEING UNDER THE INFLUENCE FROM TEN ONE-HUNDREDTHS OF ONE PERCENT TO EIGHT ONE-HUNDREDTHS OF ONE PERCENT, THE LATTER PROVISION TO TAKE EFFECT ONLY UPON THE RATIFICATION OF AN AMENDMENT TO THE CONSTITUTION OF THIS STATE AS PROVIDED HEREIN; TO AMEND ARTICLE 23, CHAPTER 5, TITLE 56, RELATING TO DRIVING UNDER THE INFLUENCE, BY ADDING SECTION 56-5-2951 SO AS TO REQUIRE THE SUSPENSION OF THE DRIVER'S LICENSE OR OTHER DRIVING PERMIT OF A PERSON WHO IS ARRESTED FOR DRIVING A MOTOR VEHICLE IN THIS STATE WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR BOTH OF THEM, AND WHO REFUSES TO SUBMIT TO A CHEMICAL TEST OR WHO HAS AN ALCOHOL CONCENTRATION OF FIFTEEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE, TO PROVIDE FOR A TEMPORARY ALCOHOL RESTRICTED LICENSE IN THE CASE OF AN ALCOHOL CONCENTRATION OF EIGHT ONE-HUNDREDTHS OF ONE PERCENT UPON ENROLLMENT IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM AND PAYMENT OF A THIRTY-DOLLAR FEE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S TIMELY REQUEST, TO PROVIDE FOR THE SCOPE OF THE HEARING, TO PROVIDE FOR A SPECIAL RESTRICTED DRIVER'S LICENSE FOR A PERSON WHO IS EMPLOYED OR ENROLLED IN A COLLEGE OR UNIVERSITY FOR PURPOSES OF DRIVING TO AND FROM WORK OR SCHOOL, TO PROVIDE FOR THE PERIODS OF SUSPENSION, TO EXEMPT THE SUSPENDED DRIVER FROM THE REQUIREMENT OF PROOF OF FINANCIAL RESPONSIBILITY, AND TO PROHIBIT AN INSURER FROM INCREASING PREMIUMS FOR OR ADDING SURCHARGES TO THE AUTOMOBILE INSURANCE OF AN INSURED CHARGED WITH A VIOLATION IN CONNECTION WITH DRIVING UNDER THE INFLUENCE UNLESS HE IS CONVICTED OF THE VIOLATION, THE PROVISIONS RELATING TO AN ALCOHOL CONCENTRATION OF EIGHT-HUNDREDTHS OF ONE PERCENT TO TAKE EFFECT ONLY UPON THE RATIFICATION OF AN AMENDMENT TO THE CONSTITUTION OF THIS STATE AS PROVIDED HEREIN; TO AMEND ARTICLE 23, CHAPTER 5, TITLE 56, RELATING TO DRIVING UNDER THE INFLUENCE, BY ADDING SECTION 56-5-2953 SO AS TO REQUIRE VIDEOTAPING OF A PERSON WHO VIOLATES SECTIONS 56-5-2930 OR 56-5-2945 AND TO PRESCRIBE THE METHODS AND PROCEDURES FOR VIDEOTAPING AT THE INCIDENT SITE AND AT THE BREATH SITE, TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY AND SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO PURCHASE AND MAINTAIN VIDEOTAPING EQUIPMENT FOR INCIDENT AND BREATH SITES, RESPECTIVELY, AND TO PROVIDE FUNDING FOR THOSE EFFORTS THROUGH MUNICIPAL COURT REVENUES; TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO SUSPENSION OF A DRIVER'S LICENSE UPON A CONVICTION, PLEA OF GUILTY OR NOLO CONTENDERE, OR BAIL FORFEITURE, SO AS TO PROVIDE FOR NOTICE OF SUSPENSION AND OF REQUIREMENT OF SUCCESSFUL COMPLETION OF AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM; TO CREATE A STUDY COMMITTEE TO EXAMINE THE EFFECTS OF MARKETING AND SALE OF MALT LIQUOR IN CONTAINERS OF MORE THAN ONE LITER, AND TO EXAMINE EXISTING STATE LAW AS TO ALCOHOLIC LIQUORS IN MINIBOTTLES AND PROPOSED AMENDMENTS AS TO ALCOHOLIC LIQUOR BY THE DRINK; TO AMEND SECTION 14-1-208, AS AMENDED, RELATING TO MUNICIPAL COURT FINES, SO AS TO PROVIDE FOR FUNDING OF VIDEOTAPING REQUIREMENTS OF THIS ACT; TO AMEND SECTION 56-5-6240, AS AMENDED, RELATING TO FORFEITURE OF VEHICLES IN CONNECTION WITH DRIVING UNDER SUSPENSION OR DRIVING UNDER THE INFLUENCE CONVICTIONS, SO AS TO REQUIRE FORFEITURE UPON THE THIRD VIOLATION IN TEN YEARS FOR DUI AND TO PROVIDE FOR RECLAIMING OF THE VEHICLE IF THE CRIMINAL CHARGE IS NOT DISPOSED OF WITHIN TWELVE MONTHS; TO REQUIRE SLED TO SUBMIT THE BAC DATAMASTER FOR INDEPENDENT TESTING AS TO ACCURACY AND PRECISION AND TO SUBMIT THE RESULTS TO THE GENERAL ASSEMBLY BY JANUARY 1, 1999; TO PROHIBIT THE SALE OF MALT LIQUOR IN A CONTAINER OF MORE THAN ONE LITER, EFFECTIVE ON JULY 1, 2000, UNLESS THE GENERAL ASSEMBLY ENACTS OTHER LEGISLATION BASED ON THE RESULTS OF THE STUDY COMMITTEE; AND TO PROVIDE FOR VARIOUS EFFECTIVE DATES.

(R529) S. 310 -- Banking and Insurance Committee: AN ACT TO AMEND CHAPTER 71, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17, SO AS TO ENACT THE SOUTH CAROLINA PATIENTS' INSURANCE AND BENEFITS PROTECTION ACT WHICH DEFINES CERTAIN HEALTH CARE PLANS AND OTHER TERMS, REQUIRES THE OFFER OF A POINT-OF-SERVICE OPTION WHEN THE INSURED OR MEMBER IS EMPLOYED BY AN EMPLOYER THAT HAS MORE THAN FIFTY ELIGIBLE EMPLOYEES AND THAT OFFERS ONLY A CLOSED PANEL HEALTH CARE PLAN, PROVIDES FOR THE DIFFERENTIALS IN PREMIUMS, DEDUCTIBLES, COPAYMENTS, AND COINSURANCE, AND PROHIBITS DISCRIMINATION BY THE HEALTH PLANS AGAINST A PHYSICIAN, A PODIATRIST, AN OPTOMETRIST, AN ORAL SURGEON, A CHIROPRACTOR, A PHARMACIST, OR AN ADVANCED PRACTICE NURSE BY REASON OF PROFESSION.

(R530) This Ratification Number left intentionally blank.

(R531) S. 1074 -- Senator Saleeby: AN ACT TO AMEND ARTICLE 7, CHAPTER 4, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE CONTROL LAWS AFFECTING WINE ONLY, BY ADDING SECTION 61-4-735 SO AS TO REGULATE CERTAIN PRACTICES BETWEEN WINE MANUFACTURERS, IMPORTERS, WHOLESALERS, AND RETAILERS, AND TO PROVIDE FOR OTHER PRACTICES AND PROCEDURES APPLICABLE TO THE SALE OF WINE.

(R532) H. 3300 -- Reps. Breeland, Cave, Inabinett, Mack, J. Hines, Govan, M. Hines, J. Brown, Lloyd, Pinckney and Byrd: AN ACT TO AMEND ACT 258 OF 1998, RELATING GENERALLY TO THE ISSUANCE, SUSPENSION, REVOCATION, AND RENEWAL OF A BEGINNER'S PERMIT, SPECIAL RESTRICTED DRIVER'S LICENSE, PROVISIONAL DRIVER'S LICENSE, AND REGULAR DRIVER'S LICENSE, THE EFFECT OF CERTAIN CONVICTIONS ON A PERSON'S DRIVING RECORD, ISSUANCE OF CERTIFICATES FOR COMPLETING A DRIVER TRAINING COURSE, EXCEPTIONS FROM THE DRIVER'S LICENSING REQUIREMENT, THE TESTING OF THE BAC DATAMASTER, THE ISSUANCE OF LAW ENFORCEMENT OFFICER CERTIFICATES, AND THE OPERATION OF COMMERCIAL MOTOR VEHICLES, SO AS TO PROVIDE THAT A PERSON WHO IS A HOLDER OF A SPECIAL RESTRICTED DRIVER'S LICENSE MAY OBTAIN A REGULAR DRIVER'S LICENSE BEFORE THE AGE OF SEVENTEEN UNDER CERTAIN CIRCUMSTANCES; AND TO REPEAL SECTION 56-1-141, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUCCESSFUL COMPLETION OF A QUALIFIED SCHOOL DRIVER'S EDUCATION PROGRAM AS EQUIVALENT TO MEETING THE DEPARTMENT OF PUBLIC SAFETY'S STANDARDS TO OBTAIN A PERMIT OR DRIVER'S LICENSE.

(R533) H. 3603 -- Reps. Allison, Rice, Barrett, Seithel, Leach, Chellis, Simrill, Hinson, Spearman, Phillips, Bailey, Cato, McCraw, Sandifer, Walker, Limbaugh, Riser, Kinon, Young, R. Smith, Easterday, Rhoad, Mason, Gamble, Harvin, Bauer, Moody-Lawrence, Miller, Stuart, Limehouse, McMaster and Battle: AN ACT TO AMEND SECTION 20-7-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL CONDUCT TOWARDS A CHILD, SO AS TO SPECIFY THAT SUCH CONDUCT IS PROHIBITED, AMONG OTHER PERSONS, BY A PERSON RESPONSIBLE FOR THE WELFARE OF A CHILD, RATHER THAN A PERSON ONLY RESPONSIBLE FOR THE CARE AND SUPPORT OF A CHILD; TO AMEND SECTIONS 20-7-8920 AND 20-7-8925, RELATING TO PERSONS UNDER TWENTY-ONE YEARS OF AGE PURCHASING AND POSSESSING BEER, WINE, AND ALCOHOLIC LIQUORS, SO AS TO CREATE AN EXCEPTION FOR A STUDENT EIGHTEEN YEARS OF AGE OR OLDER WHO AS A REQUIREMENT OF A CULINARY ARTS COLLEGE COURSE MUST TASTE SUCH BEVERAGES; TO AMEND SECTIONS 61-6-4070 AND 61-4-90, RELATING TO THE UNLAWFUL TRANSFER OR GIVING OF ALCOHOLIC LIQUORS, BEER, OR WINE TO A PERSON UNDER TWENTY-ONE YEARS OF AGE, SO AS TO CREATE AN EXEMPTION FOR AN INSTRUCTOR PROVIDING BEVERAGES TO A STUDENT FOR TASTING AS A REQUIREMENT OF A COLLEGE CULINARY ARTS COURSE; TO ADD SECTION 59-103-195 SO AS TO REQUIRE THE COMMISSION ON HIGHER EDUCATION TO REVIEW, APPROVE, AND PROMULGATE REGULATIONS FOR CULINARY ARTS COURSES REQUIRING TASTING OF ALCOHOLIC BEVERAGES.

(R534) H. 3714 -- Reps. Wilkins and Knotts: AN ACT TO AMEND SECTION 20-3-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAME CHANGE OF A WOMAN UPON DIVORCE, AND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO AUTHORIZE THE FAMILY COURT TO GRANT ANY PARTY A NAME CHANGE AND TO ALSO GRANT SUCH A NAME CHANGE IN AN ACTION FOR SEPARATE SUPPORT AND MAINTENANCE.

(R535) H. 4535 -- Ways and Means Committee: AN ACT TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 149 SO AS TO ESTABLISH LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS UNDER WHICH THE STATE OF SOUTH CAROLINA SHALL PROVIDE SCHOLARSHIPS TO COVER THE COST OF ATTENDANCE UP TO SPECIFIED LIMITS TO ELIGIBLE RESIDENT STUDENTS ATTENDING CERTAIN PUBLIC OR INDEPENDENT TWO-YEAR AND FOUR-YEAR INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND TECHNICAL COLLEGES; AND BY ADDING SECTION 12-6-3385 SO AS TO ALLOW A REFUNDABLE STATE INDIVIDUAL INCOME TAX CREDIT UP TO SPECIFIED LIMITS FOR A PORTION OF TUITION PAID AT A PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER LEARNING IN THIS STATE AND TO DEFINE SUCH INSTITUTIONS, TO PROVIDE THE CRITERIA STUDENTS ELIGIBLE FOR THE CREDIT MUST MEET, TO DEFINE TUITION FOR PURPOSES OF THE CREDIT, AND TO PROVIDE THAT THE CREDIT APPLIES ONLY FOR STUDENTS GRADUATING FROM HIGH SCHOOL DURING OR AFTER MAY, 1997.

(R536) H. 4700 -- Ways and Means Committee: AN ACT TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 1998, AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTION 59-35-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO KINDERGARTEN CLASSES WITHIN EACH SCHOOL DISTRICT OF THIS STATE, SO AS TO PROVIDE THAT FULL-DAY FIVE-YEAR-OLD KINDERGARTEN MUST BE PROVIDED TO ANY ELIGIBLE CHILD WHOSE PARENTS DESIRE FOR THEM TO ATTEND THAT KINDERGARTEN PROGRAM, AND TO PROVIDE FOR A WAIVER OF THE ABOVE REQUIREMENTS UNDER CERTAIN CONDITIONS; BY ADDING SECTION 59-123-125 SO AS TO PROVIDE FOR THE MANNER IN WHICH FUNDS APPROPRIATED TO THE MEDICAL UNIVERSITY OF SOUTH CAROLINA FOR THE "RURAL PHYSICIAN PROGRAM" SHALL BE ADMINISTERED, MANAGED, AND ALLOCATED; BY ADDING SECTION 59-123-115 SO AS TO PROVIDE FOR THE MANNER IN WHICH THE SOUTH CAROLINA AREA HEALTH EDUCATION CONSORTIUM SHALL BE AWARDED FUNDING FOR CERTAIN PROGRAMS; BY ADDING SECTION 59-117-85 SO AS TO PROVIDE THAT EMPLOYEES OF AGENCIES AND INSTITUTIONS AFFILIATED WITH THE UNIVERSITY OF SOUTH CAROLINA SCHOOL OF MEDICINE, WHO HOLD FACULTY APPOINTMENTS IN THE SCHOOL, MAY PARTICIPATE IN THE SCHOOL'S PRACTICE PLAN, AND TO PROVIDE THAT FUNDS GENERATED BY SUCH PARTICIPANTS SHALL BE HANDLED IN ACCORDANCE WITH UNIVERSITY POLICIES GOVERNING PRACTICE PLAN FUNDS; BY ADDING SECTION 59-113-45 SO AS TO PROVIDE THAT SOUTH CAROLINA TUITION GRANT FUNDS SHALL BE DISBURSED TO ELIGIBLE STUDENTS ON A SEMESTER-BY-SEMESTER BASIS, AND TO PROVIDE FOR THE MANNER IN WHICH INTEREST ACCRUING ON THE BALANCE OF UNDISBURSED TUITION GRANT FUNDS SHALL BE CALCULATED AND AWARDED; BY ADDING SECTION 59-101-410 SO AS TO PROVIDE THAT THE GOVERNING BOARDS OF STATE-SUPPORTED COLLEGES, UNIVERSITIES, AND TECHNICAL SCHOOLS MAY LEND THEIR ENDOWMENT FUNDS AND AUXILIARY ENTERPRISE FUNDS TO SEPARATELY CHARTERED NOT-FOR-PROFIT LEGAL ENTITIES WHOSE EXISTENCE IS PRIMARILY TO PROVIDE FINANCIAL ASSISTANCE AND OTHER SUPPORT TO THE INSTITUTION AND ITS EDUCATIONAL PROGRAM, AND TO PROVIDE THE CONDITIONS UNDER WHICH THE FUNDS MAY BE LOANED; TO AMEND SECTION 59-53-53, AS AMENDED, RELATING TO BORROWING BY AREA COMMISSIONS OF TECHNICAL COLLEGES AND THE MANNER IN WHICH THESE AREA COMMISSIONS ARE AUTHORIZED TO DISPOSE OF SURPLUS REAL PROPERTY, SO AS TO REVISE THE MANNER IN WHICH AND PROCEDURES UNDER WHICH SURPLUS REAL PROPERTY MAY BE DISPOSED OF BY TECHNICAL COLLEGES; TO AMEND SECTION 59-101-180, RELATING TO THE SALE AND DISPOSAL OF REAL PROPERTY BY STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING, SO AS TO REVISE THE MANNER IN WHICH AND PROCEDURES UNDER WHICH SURPLUS REAL PROPERTY MAY BE DISPOSED OF BY THESE INSTITUTIONS; TO AMEND CHAPTER 65, TITLE 2, RELATING TO THE SOUTH CAROLINA FEDERAL AND OTHER FUNDS OVERSIGHT ACT, SO AS TO DEVOLVE THE FUNCTIONS OF THE GOVERNOR UNDER THE ACT TO THE BUDGET AND CONTROL BOARD EXCEPT THAT THE AGENCY OPERATING THE BLOCK GRANTS SHALL CONDUCT THE PUBLIC HEARINGS, ELIMINATE THE REQUIREMENT THAT THE STATE BUDGET AND CONTROL BOARD SHALL FOLLOW THE RECOMMENDATIONS OF THE GOVERNOR WITH RESPECT TO THE APPLICATION OF THE ACT, TO EXEMPT CERTAIN FEDERAL GRANTS AND CONTRACTS FROM COST RECOVERY REQUIREMENTS, AND TO MAKE GRAMMATICAL AND OTHER TECHNICAL CHANGES; BY ADDING SECTION 59-119-165 SO AS TO PROVIDE THAT THE BUDGET AND CONTROL BOARD, IN CONJUNCTION WITH THE DEPARTMENT OF EDUCATION, SHALL TRANSFER ALL FEDERAL FUNDS ASSOCIATED WITH AGRICULTURAL EDUCATION AT THE DEPARTMENT OF EDUCATION TO CLEMSON-PSA (PUBLIC SERVICE ACTIVITIES) NO LATER THAN JULY FIFTEENTH OF EACH FISCAL YEAR AND TO PROVIDE FOR THE MANNER IN WHICH THESE FUNDS ARE REQUIRED TO BE USED; TO AMEND SECTION 50-9-910, RELATING TO REVENUE IN CONNECTION WITH FISH, GAME, AND WATERCRAFT, SO AS TO PROVIDE THAT ONE-HALF THE REVENUE FROM ANNUAL NONRESIDENT FISHING LICENSES BE CREDITED TO THE GAME FUND OF THE COUNTY WHERE THE REVENUE WAS COLLECTED; TO AMEND SECTION 35-1-220, AS AMENDED, RELATING TO FUNDS FROM FEES AND LITIGATION SETTLEMENT ALLOWED TO BE RETAINED BY THE ATTORNEY GENERAL FOR OPERATION OF THE SECURITIES DIVISION, SO AS TO ALLOW FIVE HUNDRED THOUSAND DOLLARS OF ANNUAL FEE REVENUES TO BE RETAINED BY THE ATTORNEY GENERAL FOR THE OPERATIONS OF THE SECURITIES DIVISION; TO AMEND SECTION 1-7-150, RELATING TO THE ACCOUNTING OF THE ATTORNEY GENERAL TO THE STATE TREASURER, SO AS TO REQUIRE THAT ALL MONIES, EXCEPT CERTAIN COSTS AND MONIES DEPOSITED IN THE MITIGATION TRUST FUND FOR LOSSES OR DAMAGES TO NATURAL RESOURCES, AWARDED TO THE STATE OF SOUTH CAROLINA BY JUDGMENT OR SETTLEMENT IN ACTIONS OR CLAIMS BROUGHT BY THE ATTORNEY GENERAL ON BEHALF OF THE STATE OR ONE OF ITS AGENCIES OR DEPARTMENTS MUST BE DEPOSITED IN THE GENERAL FUND OF THE STATE; TO AMEND SECTION 56-3-253, RELATING TO THE ESTABLISHMENT OF BIENNIAL REGISTRATION PERIODS FOR MOTOR VEHICLES, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL NOT ISSUE A REFUND OF THE BIENNIAL REGISTRATION FEE TO A PERSON WHO HAS PAID THE FEE AND MOVES OUT OF THE STATE DURING THE BIENNIAL REGISTRATION PERIOD; TO AMEND SECTION 42-7-65, AS AMENDED, RELATING TO WORKERS' COMPENSATION AND THE DESIGNATED AVERAGE WEEKLY WAGE FOR CERTAIN CATEGORIES OF EMPLOYEES, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE THAT VOLUNTARY FIREMEN OF ORGANIZED VOLUNTEER FIRE UNITS AND MEMBERS OF ORGANIZED VOLUNTEER RESCUE SQUADS ARE COVERED UNDER TITLE 42 FOR WORKERS' COMPENSATION BY THE COUNTY GOVERNING BODY UNLESS THE GOVERNING BODY OF THE COUNTY OPTS OUT OF THIS COVERAGE; TO AMEND SECTIONS 9-17-10, 9-17-30, AND 9-17-40, AS AMENDED, RELATING TO THE OPTIONAL RETIREMENT PROGRAM FOR FACULTY AND ADMINISTRATION OF PUBLICLY-SUPPORTED FOUR-YEAR AND POSTGRADUATE INSTITUTIONS OF HIGHER EDUCATION, SO AS TO EXTEND ELIGIBILITY FOR THIS PROGRAM TO FACULTY AND ADMINISTRATION OF TECHNICAL COLLEGES AND TO REVISE THE MANNER IN WHICH CONTRIBUTIONS ARE PAID FOR MEMBERS ELECTING THE OPTIONAL PROGRAM; TO AMEND SECTION 9-1-1710, AS AMENDED, RELATING TO LUMP SUM CONTRIBUTIONS AND CREDITABLE SERVICE FOR MEMBERS WITH OUT-OF-STATE SERVICE, SO AS TO AUTHORIZE MEMBERS IN CONTINUOUS EMPLOYMENT FOR TEN YEARS TO RECEIVE CREDITABLE SERVICE FOR ANY AMOUNT OF OUT-OF-STATE SERVICE RATHER THAN ONLY AWARDING CREDIT ON A ONE-FOR-ONE BASIS; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 11, RELATING TO THE GENERAL PROVISIONS OF THE STATE BUDGET SYSTEM, BY ADDING SECTION 11-11-150 SO AS TO ESTABLISH A TRUST FUND FOR TAX RELIEF WITHIN THE STATE TREASURY; TO AMEND SECTION 11-11-330, AS AMENDED, AND SECTION 12-37-251, AS AMENDED, BOTH RELATING TO THE STATE PROPERTY TAX RELIEF FUND, SO AS TO REPLACE IT WITH THE TRUST FUND FOR TAX RELIEF; TO AMEND SECTIONS 12-37-450, AS AMENDED, 12-37-935, AND 12-37-270, ALL RELATING TO THE APPROPRIATION OF FUNDS FOR VARIOUS TAX RELIEF PURPOSES, SO AS TO REQUIRE THAT THOSE FUNDS BE CREDITED TO THE TRUST FUND FOR TAX RELIEF; TO AMEND SECTION 12-37-280, RELATING TO REIMBURSEMENT TO LOCAL POLITICAL SUBDIVISIONS FOR HOMESTEAD EXEMPTIONS, SO AS TO FUND THOSE REIMBURSEMENTS FROM THE TRUST FUND FOR TAX RELIEF; TO REPEAL SECTION 6-27-45 RELATING TO HOMESTEAD EXEMPTIONS REIMBURSEMENT; TO AMEND SECTION 1-11-300, RELATING TO THE REQUIREMENTS THAT STATE AGENCIES DEVELOP AND IMPLEMENT UNIFORM COST ACCOUNTING AND REPORTING SYSTEMS IN REGARD TO MOTOR VEHICLES, SO AS TO FURTHER PROVIDE FOR THE CIRCUMSTANCES WHERE GASOLINE MAY BE PURCHASED FROM RETAIL FUEL OUTLETS AND STATE-OWNED FACILITIES; TO AMEND SECTION 12-36-2110, AS AMENDED, RELATING TO THE THREE HUNDRED DOLLAR MAXIMUM SALES TAX ON AIRCRAFT, MOTOR VEHICLES, MOTORCYCLES, BOATS, TRAILERS, RECREATIONAL VEHICLES, SELF-PROPELLED LIGHT CONSTRUCTION EQUIPMENT, AND CERTAIN OTHER ITEMS OF TANGIBLE PERSONAL PROPERTY, SO AS TO PROVIDE THAT EQUIPMENT PROVIDED, SUPPLIED, OR INSTALLED ON A FIREFIGHTING VEHICLE IS INCLUDED WITH THE VEHICLE FOR PURPOSES OF CALCULATING THE MAXIMUM TAX DUE; BY ADDING SECTION 52-7-37 SO AS TO PROVIDE THAT NO TAX OR FEE MAY BE IMPOSED BY THE STATE ATHLETIC COMMISSION OR A COUNTY ATHLETIC COMMISSION ON THE GROSS RECEIPTS RECEIVED BY REASON OF THE LEASE OR SALE OF TELEVISION, MOTION PICTURE, OR RADIO RIGHTS IN CONNECTION WITH ANY BOXING, WRESTLING, KICK BOXING, FULL CONTACT KARATE, OR SPARRING EXHIBITION OR PERFORMANCE IN THIS STATE; TO REPEAL SECTION 52-7-37 JULY 30, 1999; TO AMEND SECTIONS 1-25-60, AS AMENDED, 2-13-240, AS AMENDED, 2-15-120, AND 8-13-770, RELATING TO THE HUMAN SERVICES RESOURCE PROJECT, DISTRIBUTION OF THE CODE OF LAWS, CONFIDENTIALITY OF RECORDS, AND LEGISLATIVE MEMBERS OF BOARDS AND COMMISSIONS, SO AS TO DELETE REFERENCES TO THE STATE REORGANIZATION COMMISSION; TO REPEAL CHAPTERS 19, 20, AND 22 OF TITLE 1 RELATING TO THE ESTABLISHMENT OF THE STATE REORGANIZATION COMMISSION, REVIEW OF STATE AGENCIES AND BOARDS, AND THE COMPLIANCE REVIEW ACT OF 1988; BY ADDING SECTION 11-11-340 SO AS TO ESTABLISH IN THE STATE TREASURY THE STATE INSTITUTION BONDS AND STATE HIGHWAY BONDS DEBT SERVICE FUND, TO REQUIRE AMOUNTS TO BE CREDITED TO THIS FUND AMOUNTS SUFFICIENT TO PAY DEBT SERVICE ON STATE INSTITUTION BONDS AND STATE HIGHWAY BONDS, AND TO PROVIDE THAT AMOUNTS CREDITED TO THIS FUND ARE NOT CONSIDERED STATE GENERAL FUND REVENUES; BY ADDING SECTION 12-10-35 SO AS TO PROVIDE A TEN-YEAR MORATORIUM ON STATE CORPORATE INCOME TAX FOR A CORPORATION THAT IS A "QUALIFYING BUSINESS" UNDER THE ENTERPRISE ZONE ACT OF 1995 IF THE BUSINESS HAS CREATED AT LEAST ONE HUNDRED NEW FULL-TIME JOBS IN A COUNTY IN WHICH THE AVERAGE ANNUAL UNEMPLOYMENT RATE FOR THE LAST TWO COMPLETED CALENDAR YEARS IS AT LEAST TWICE THE STATE AVERAGE AND AT LEAST NINETY PERCENT OF THE QUALIFYING BUSINESSES' INVESTMENT IN THIS STATE IS LOCATED IN SUCH A COUNTY, TO PROVIDE A MORATORIUM OF FIFTEEN YEARS IF AT LEAST TWO HUNDRED NEW FULL-TIME JOBS ARE ADDED, TO PROVIDE HOW THE MORATORIUM APPLIES, AND TO REPEAL THIS MORATORIUM PROVISION EFFECTIVE JULY 1, 2003; TO AMEND SECTIONS 12-23-810 AND 12-23-815, BOTH AS AMENDED, RELATING TO THE LICENSE TAX ON HOSPITALS, SO AS TO DELETE PROVISIONS RELATING TO THE APPLICATION OF THE TAX TO A LICENSED HOSPITAL IN ANOTHER STATE WHICH DOES BUSINESS IN THIS STATE AND TO DELETE AN OBSOLETE REFERENCE APPLICABLE TO THE INFORMATION NEEDED TO ISSUE TAX ASSESSMENTS AND ASSIGN THE DUTY TO THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD; TO AMEND SECTION 44-6-155, AS AMENDED, RELATING TO THE MEDICAID EXPANSION FUND, SO AS TO DELETE VARIOUS USES OF THE MONIES IN THE FUND AND TO CORRECT AN OBSOLETE AGENCY REFERENCE; TO AMEND SECTION 44-7-2570, AS AMENDED, RELATING TO FEES FOR SERVICE UNDER THE INFANTS AND TODDLERS WITH DISABILITIES ACT, SO AS TO PROVIDE THAT FAMILIES MUST NOT BE CHARGED FEES FOR EARLY INTERVENTION SERVICES PROVIDED UNDER THE ACT; TO AMEND SECTION 50-3-180, RELATING TO THE MITIGATION TRUST FUND OF SOUTH CAROLINA, SO AS TO PROVIDE THAT FUNDS RECOVERED FOR LOSSES OR DAMAGES TO NATURAL RESOURCES MUST BE DEPOSITED IN THE FUND AND USED FIRST FOR RESTORATION IN THE AFFECTED AREAS AND THEN GENERALLY FOR SUCH RESTORATION; TO PROVIDE THAT THE LEGISLATIVE COUNCIL SHALL DISTRIBUTE NINE SETS OF THE 1976 CODE TO THE ADMINISTRATIVE LAW JUDGE DIVISION, TO PROVIDE THAT THE CODE COMMISSIONER SHALL INCLUDE THE ADDITIONAL DISTRIBUTION IN THE REPRINTING OF SECTION 2-13-240 OF THE 1976 CODE FOR THE 1998 CUMULATIVE SUPPLEMENT, AND TO AUTHORIZE THE CODE COMMISSIONER TO REPRINT THE DISTRIBUTION LIST IN TABULAR FORM; TO AMEND SECTION 44-6-400, AS AMENDED, RELATING TO DEFINITIONS CONCERNING INTERMEDIATE SANCTIONS FOR THE MEDICAID CERTIFIED NURSING HOME ACT, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 44-6-420, AS AMENDED, RELATING TO SANCTIONS AGAINST NURSING HOMES FOR VIOLATIONS OF MEDICAID PROGRAM REQUIREMENTS, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO COORDINATE ENFORCEMENT WITH THE FEDERAL AUTHORITIES FOR NURSING HOMES CERTIFIED UNDER BOTH MEDICARE AND MEDICAID AND TO TAKE ACTIONS COMMENSURATE WITH FEDERAL ACTIONS WHEN THE NURSING HOME IS ONLY CERTIFIED UNDER MEDICAID; TO AMEND SECTION 44-6-470, AS AMENDED, RELATING TO FINES FOR VIOLATIONS AND USE OF FINES COLLECTED, SO AS TO DELETE SPECIFIC FINE AMOUNTS AND FURTHER PROVIDE FOR THE USE OF CIVIL MONETARY PENALTIES COLLECTED; TO AMEND SECTION 44-6-540, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO PROMULGATE REGULATIONS, SO AS TO PROVIDE THAT SUCH REGULATIONS SHALL ENSURE COMPLIANCE WITH THE REQUIREMENTS FOR PARTICIPATION IN THE MEDICAID PROGRAM; TO REPEAL SECTIONS 44-6-410, 44-6-430, 44-6-440, 44-6-450, 44-6-460, 44-6-480, 44-6-490, 44-6-500, 44-6-510, AND 44-6-520 ALL RELATING TO SANCTIONS AND ENFORCEMENT PROCEDURES FOR VIOLATIONS OF MEDICAID PROGRAM REQUIREMENTS; BY ADDING SECTION 44-7-262 SO AS TO ESTABLISH MINIMUM PATIENT-STAFF RATIOS FOR STAFF PROVIDING NURSING CARE IN NURSING HOMES AND MAKING THOSE MINIMUM STAFFING RATIOS A CONDITION OF LICENSURE; TO AMEND TITLE 44, RELATING TO HEALTH, BY ADDING CHAPTER 122 SO AS TO CREATE THE COUNTY GRANTS FUND PROGRAM FOR ADOLESCENT PREGNANCY PREVENTION INITIATIVES; TO PROVIDE FOR THE ADMINISTRATION AND DISTRIBUTION OF MONIES APPROPRIATED TO THE GRANTS FUND; AND TO REQUIRE REGULAR EVALUATIONS OF PROJECTS RECEIVING MONIES FROM THE GRANTS FUND; TO AMEND SECTION 12-6-1140, AS AMENDED, AND SECTION 12-6-1170, RELATING TO THE RETIREMENT INCOME DEDUCTION ELECTION AND THE TAXABLE INCOME EXCLUSION ALLOWED PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO ELIMINATE THE ELECTION AND ALLOW AN ANNUAL DEDUCTION OF UP TO THREE THOUSAND DOLLARS OF RETIREMENT INCOME AND UP TO TEN THOUSAND DOLLARS OF RETIREMENT INCOME BEGINNING IN THE TAXABLE YEAR THE TAXPAYER ATTAINS AGE SIXTY-FIVE, AND TO ALLOW AN ANNUAL DEDUCTION OF ELEVEN THOUSAND FIVE HUNDRED DOLLARS OF SOUTH CAROLINA TAXABLE INCOME BEGINNING IN THE TAXABLE YEAR THE TAXPAYER ATTAINS THE AGE OF SIXTY-FIVE YEARS REDUCED BY THE RETIREMENT INCOME DEDUCTION, TO PROVIDE FOR CLAIMING THIS DEDUCTION ON JOINT RETURNS, TO DELETE PROVISIONS RELATING TO THE POSTPONEMENT OF THE MAXIMUM DEDUCTION UNDER THE PRIOR LAW, AND TO EXTEND THE PERIOD FOR FILING A TIMELY CLAIM FOR REFUND FOR THE 1994 TAXABLE YEAR THROUGH APRIL 15, 1999, FOR TAXPAYERS WHOSE CLAIM IS BASED ON NOT HAVING MADE THE IRREVOCABLE ELECTION RELATING TO THE RETIREMENT INCOME DEDUCTION; TO AMEND SECTION 12-14-40, RELATING TO THE DESIGNATION OF AN ECONOMIC IMPACT ZONE, SO AS TO DELETE THE FIFTEEN-YEAR "SUNSET" ON SUCH ZONES; TO AMEND SECTION 12-14-60, AS AMENDED, RELATING TO THE STATE INCOME TAX INVESTMENT CREDIT ALLOWED FOR CERTAIN INVESTMENTS IN ECONOMIC IMPACT ZONES, SO AS TO DELETE THE FIVE PERCENT CREDIT AND REPLACE IT WITH A GRADUATED PERCENTAGE FROM ONE TO FIVE PERCENT BASED ON THE INVESTMENT'S USEFUL LIFE AND TO LIMIT THE TOTAL CREDIT ALLOWED A UTILITY FOR INVESTMENTS MADE AFTER JUNE 30, 1998, TO ONE MILLION DOLLARS, LIMIT ALL CREDITS FOR INVESTMENTS MADE BEFORE JULY 1, 1998, TO NO MORE THAN FIFTY PERCENT OF THE TAX LIABILITY, AND TO MAKE OTHER TECHNICAL CHANGES; TO AMEND SECTION 9-8-60, AS AMENDED, RELATING TO RETIREMENT UNDER THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO REDUCE FROM TEN YEARS TO EIGHT YEARS THE VESTING REQUIREMENT FOR SOLICITORS; TO AMEND SECTION 9-11-90, AS AMENDED, RELATING TO RESTORATION TO ACTIVE SERVICE OF RETIRED MEMBERS OF THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THE REQUIREMENTS FOR PARTICIPATION IN THE SYSTEM WHEN THE RESTORATION TO ACTIVE SERVICE IS BY VIRTUE OF ELECTION AS SHERIFF; TO AMEND SECTION 12-56-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT WHICH ALLOWS THE DEPARTMENT OF REVENUE TO SET OFF TAX REFUNDS AGAINST CERTAIN DEBTS OR DELINQUENT ACCOUNTS, SO AS TO INCLUDE THE SOUTH CAROLINA STUDENT LOAN CORPORATION WITHIN THE DEFINITION OF A "CLAIMANT AGENCY"; TO AMEND SECTION 59-107-90, AS AMENDED, RELATING TO THE MAXIMUM AMOUNT OF OUTSTANDING STATE INSTITUTION BONDS, SO AS TO INCREASE THE MAXIMUM AMOUNT OF SUCH BONDS; TO AMEND SECTION 59-118-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA ACADEMIC ENDOWMENT INCENTIVE ACT OF 1997, SO AS TO EXTEND ELIGIBILITY FOR THE INCENTIVE TO TECHNICAL COLLEGES; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO PROPERTY TAX CLASSIFICATIONS AND ASSESSMENT RATIOS, SO AS TO PROVIDE THAT IF A CHANGE IN OWNERSHIP OF OWNER-OCCUPIED RESIDENTIAL PROPERTY OCCURS, AND THE NEW OWNER DOES NOT QUALIFY FOR THE FOUR PERCENT OWNER-OCCUPIED RESIDENTIAL PROPERTY ASSESSMENT RATIO, THE SIX PERCENT ASSESSMENT RATIO SHALL APPLY TO THE PROPERTY ONLY FOR THE PORTION OF THE PROPERTY TAX YEAR IN WHICH THE PROPERTY IS OWNED BY THE NEW OWNER; TO EXTEND THE TIME BY WHICH A WRITTEN NOTICE OF OBJECTION TO AN ASSESSMENT RATIO MUST BE FILED FOR THE 1997 TAX YEAR; AND TO REQUIRE THE DEPARTMENT OF REVENUE TO PUBLICIZE THE EXTENSION AND TO NOTIFY THE ASSESSOR AND AUDITOR OF THIS EXTENSION; TO AMEND SECTIONS 12-36-2120, AS AMENDED, 27-32-170, AND 27-32-250, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES TAX OF THE SALE OF A VACATION TIME SHARING PLAN AND A VACATION MULTIPLE OWNERSHIP INTEREST, SO AS TO EXEMPT FROM SALES TAX THE SALE OR RESALE OR THE EXCHANGE OF AN INTEREST IN A VACATION TIME SHARING PLAN AND A VACATION MULTIPLE OWNERSHIP INTEREST; TO AMEND SECTION 12-43-230, AS AMENDED, RELATING TO CLASSIFICATION OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO DELETE THE PROHIBITION ON INCLUDING A GOLF COURSE AS HOMEOWNER PROPERTY AND ALLOW THE ASSOCIATION TO DESIGNATE THOSE TRACTS OR PARCELS IT OWNS ON ITS APPLICATION FOR THE SPECIAL VALUATION ALLOWED HOMEOWNER'S ASSOCIATION PROPERTY; TO AMEND SECTION 12-8-520, RELATING TO INCOMES SUBJECT TO WITHHOLDING, SO AS TO EXCLUDE WAGES OF SEVEN THOUSAND FIVE HUNDRED DOLLARS OR LESS A YEAR PAID TO A DISABLED PERSON EMPLOYED IN A PROGRAM APPROVED BY THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; TO AMEND ARTICLE 5, CHAPTER 1, TITLE 6, RELATING TO LOCAL ACCOMMODATIONS TAX, BY ADDING SECTION 6-1-570 AND TO AMEND ARTICLE 7, CHAPTER 1, TITLE 6, RELATING TO LOCAL HOSPITALITY TAX, BY ADDING SECTION 6-1-770 BOTH SO AS TO REQUIRE REMITTANCE OF THE TAX DUE TO THE LOCAL GOVERNING BODY ON A MONTHLY BASIS WHEN THE ESTIMATED AMOUNT OF AVERAGE TAX IS MORE THAN FIFTY DOLLARS A MONTH, ON A QUARTERLY BASIS WHEN THE ESTIMATED AMOUNT OF AVERAGE TAX IS TWENTY-FIVE DOLLARS TO FIFTY DOLLARS A MONTH, AND ON AN ANNUAL BASIS WHEN THE ESTIMATED AMOUNT OF AVERAGE TAX IS LESS THAN TWENTY-FIVE DOLLARS A MONTH; TO AMEND SECTION 44-56-460, RELATING TO ESTABLISHING REHABILITATION PRIORITIES AT CONTAMINATED DRYCLEANING FACILITIES, SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY NOT EXPEND FROM THE DRYCLEANING FACILITY RESTORATION FUND MORE THAN TWO HUNDRED FIFTY THOUSAND DOLLARS ANNUALLY FOR INVESTIGATION AND REHABILITATION ACTIVITIES; TO AMEND SECTION 44-56-470, RELATING TO ANNUAL DRYCLEANING FACILITY REGISTRATION FEES, SO AS TO EXTEND FROM DECEMBER 1, 1996 TO JULY 1, 1999 THE TIME WITHIN WHICH A FACILITY OWNER OR OPERATOR MUST DEMONSTRATE COMPETENCY TO OPERATE A FACILITY AND MUST INSTALL DIKES OR OTHER CONTAINMENT STRUCTURES AROUND EQUIPMENT; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO EXEMPT AUTOMATIC TELLER MACHINE TRANSACTIONS; TO AMEND CHAPTER 3, TITLE 50, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES, BY ADDING ARTICLE 9 SO AS TO CREATE THE SOUTH CAROLINA JOCASSEE GORGES TRUST FUND, AND TO PROVIDE FOR THE ADMINISTRATION AND USES OF THE TRUST FUND; TO PROVIDE THAT AN EDUCATION FINANCE ACT ALLOCATION UNDERPAYMENT TO A SCHOOL DISTRICT RESULTING FROM AN ERROR IN INFORMATION SUBMITTED TO THE DEPARTMENT OF REVENUE FOR SCHOOL YEAR 1997-98 FOR PURPOSES OF CALCULATING THE INDEX OF TAXPAYING ABILITY SHALL BE MADE UP, TO REQUIRE THE UNDERPAYMENT TO BE MADE UP IN EFA DISTRIBUTIONS TO THE DISTRICT OVER THE SUCCEEDING TWO SCHOOL YEARS, TO PROVIDE FOR EFA ALLOTMENT CALCULATIONS DURING THE PAYBACK PERIOD, TO REQUIRE THE UNDERPAYMENT TO EXCEED ONE PERCENT FOR THE DISTRICT TO BE ELIGIBLE FOR THE MAKEUP PAYMENT, AND TO REQUIRE ANY SCHOOL TAX LEVIED TO MAKE UP THE UNDERPAYMENT TO BE TAKEN INTO ACCOUNT BY A CORRESPONDING REDUCTION IN THE TAX LEVY REFLECTING THE AMOUNT OF MAKEUP FUNDS RECEIVED IN A SUBSEQUENT YEAR; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO INCLUDE PRESCRIPTION MEDICINES AND THERAPEUTIC RADIOPHARMECEUTICALS USED IN THE TREATMENT OF CANCER AND RELATED DISEASES; AND BY ADDING SECTION 13-1-1770 SO AS TO PROVIDE THAT THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT OF THE DEPARTMENT OF COMMERCE SHALL ESTABLISH A DOWNTOWN REDEVELOPMENT PROGRAM FOR THE PURPOSE OF MAKING GRANTS FOR REVITALIZING AND ENHANCING THE VIABILITY OF AREAS THROUGH PARTNERSHIPS OF MUNICIPAL GOVERNMENT, COUNTY GOVERNMENT, AND PRIVATE INVESTORS AND TO PROVIDE MINIMUM CRITERIA FOR AWARDING THESE GRANTS.

(R537) H. 4702 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1997-98.

(R538) H. 4804 -- Rep. Jennings: AN ACT TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THREATENING THE LIFE, PERSON, OR FAMILY OF A PUBLIC OFFICIAL, TEACHER, OR PRINCIPAL, SO AS TO MAKE IT UNLAWFUL TO THREATEN THE LIFE, PERSON, OR FAMILY OF ANY PUBLIC EMPLOYEE, AND REVISE THE PENALTIES FOR VIOLATION; TO AMEND CHAPTER 7 OF TITLE 5, RELATING TO MUNICIPAL CORPORATIONS, BY ADDING SECTION 5-7-12 SO AS TO PROVIDE FOR DESIGNATION AND ASSIGNMENT OF A SCHOOL RESOURCE OFFICER FOR LAW ENFORCEMENT PURPOSES IN CONNECTION WITH A SCHOOL OR SCHOOL SYSTEM; TO AMEND ARTICLE 4, CHAPTER 63, TITLE 59, RELATING TO REPORTING OF SCHOOL CRIMES, BY ADDING SECTION 59-63-335 SO AS TO PROVIDE FOR LIABILITY OF A SCHOOL ADMINISTRATOR AND DISTRICT FOR ATTORNEY'S FEES AND COSTS ASSOCIATED WITH ENFORCEMENT OF SCHOOL CRIME REPORTING REQUIREMENTS; TO AMEND SECTION 59-63-360, RELATING TO THE ATTORNEY GENERAL'S MONITORING OF SCHOOL CRIME REPORTS, SO AS TO ALLOW HIM OR HIS DESIGNEE TO REPRESENT THE SCHOOL DISTRICT WHEN A CRIMINAL CASE IS APPEALED; TO AMEND SECTION 59-63-370, RELATING TO A STUDENT'S CONVICTION OR DELINQUENCY ADJUDICATION FOR CERTAIN CRIMES, SO AS TO INCLUDE CERTAIN DRUG ACTIVITIES AND WEAPONS OFFENSES AND TO DEFINE "WEAPON"; AND TO AMEND SECTION 20-7-8505, RELATING TO JUVENILE RECORDS, SO AS TO PROVIDE FOR DISCLOSURE OF RECORDS TO A SCHOOL BY THE DEPARTMENTS OF JUVENILE JUSTICE, CORRECTIONS, AND PROBATION, PARDON, AND PAROLE SERVICES AND TO INCLUDE SCHOOL CRIMES.

(R539) H. 4824 -- Reps. Inabinett, Seithel, J. Hines, Cromer, M. Hines, Littlejohn, Woodrum, Gourdine, Neal, Breeland, Simrill, Rodgers, Lloyd, Cave, Canty, Vaughn, Moody-Lawrence, Stuart, Byrd, H. Brown, Stille, Hamilton, Wilkins, Harrison, Barrett, Battle, Maddox, Govan, Miller, Jordan and Cato: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-100 SO AS TO REQUIRE LOCAL ELECTORAL BOARDS TO MAKE LOCAL BALLOT QUESTIONS AVAILABLE TO THE COUNTY NEWS MEDIA AT LEAST FORTY-FIVE DAYS IN ADVANCE OF THE REFERENDUM, TO AUTHORIZE THE ELECTORAL BOARD TO INCLUDE A SIMPLIFIED EXPLANATION OF A REFERENDUM QUESTION ON THE BALLOT WHEN IT DETERMINES SUCH AN EXPLANATION NECESSARY, TO REQUIRE THE EXPLANATION TO BE AVAILABLE TO THE MEDIA FORTY-FIVE DAYS IN ADVANCE, TO PROVIDE THAT REFERENDUM RESULTS MAY NOT BE CHALLENGED FOR FAILURE OF A BOARD TO TIMELY IMPLEMENT THIS ACT, TO PROVIDE THAT THE SUPREME COURT HAS ORIGINAL JURISDICTION CHALLENGING A REFERENDUM BASED ON AN EXPLANATION PROVIDED, AND TO EXEMPT REFERENDA IN WHICH THE GENERAL ASSEMBLY PROVIDES THE BALLOT QUESTION.

(R540) H. 4851 -- Rep. Boan: AN ACT TO AMEND ARTICLE 3, CHAPTER 4, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL POWERS AND DUTIES OF THE STATE TAX COMMISSION BY ADDING SECTION 12-4-325 SO AS TO REQUIRE THE STATE TO DEFEND EMPLOYEES AND OFFICERS OF THE DEPARTMENT OF REVENUE AGAINST LIABILITY ARISING OUT OF THEIR EMPLOYMENT AND INDEMNIFY THEM FROM RESULTING LOSS; TO AMEND SECTION 12-4-330, AS AMENDED, RELATING TO A WITNESS APPEARING BEFORE THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE THAT THE COMPENSATION OR FEE OF THE WITNESS, OR THAT OF AN OFFICER SERVING PROCESS, BE PAID FROM INCOME TAX REVENUES; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO JOB TAX CREDIT, SO AS TO REDEFINE "CORPORATE OFFICE FACILITY" AND "QUALIFYING SERVICE-RELATED FACILITY", EFFECTIVE FOR PROPERTY TAX YEARS BEGINNING AFTER 1998; TO AMEND SECTION 12-6-3370, RELATING TO A STATE INCOME TAX CREDIT IN CONNECTION WITH A WATER CONTROL SYSTEM, SO AS TO FURTHER PROVIDE FOR THE REQUIREMENTS IN ORDER TO QUALIFY FOR THE CREDIT; TO AMEND SECTION 12-6-4970, RELATING TO TIME FOR FILING OF TAX RETURN, SO AS TO ESTABLISH TIMES FOR FILING BY A FOREIGN CORPORATION WITHOUT A PLACE OF BUSINESS IN THE UNITED STATES AND BY ELECTRONIC FILING; TO AMEND SECTION 12-6-5550, RELATING TO INCOME TAX REFUNDS, SO AS TO PROVIDE THAT FEDERAL AND STATE REFUNDS ARE PAYABLE TO THE SURVIVING SPOUSE OF A DECEASED TAXPAYER; TO AMEND SECTION 12-11-30, RELATING TO THE INCOME TAX REPLACING MOST OTHER TAXES AGAINST BANKS, SO AS TO CHANGE REFERENCES IN THE SECTION FROM "DOCUMENTARY STAMP TAX" TO "DEED RECORDING FEE"; TO ADD SECTION 12-20-175 SO AS TO ALLOW CORPORATION LICENSE FEES TO BE REDUCED BY CERTAIN INCOME TAX CREDITS; TO AMEND SECTION 12-21-2550, RELATING TO STAMP AND BUSINESS LICENSE TAXES, SO AS TO DELETE THE TEN PERCENT PENALTIES FOR FAILURE TO MAKE A RETURN OR TO TIMELY PAY THE TAX DUE; TO AMEND SECTION 12-21-6580, RELATING TO CALCULATION OF ADMISSIONS TAX ON EXPANDED FACILITIES, SO AS TO UPDATE CROSS REFERENCES; TO AMEND SECTION 12-36-1340, RELATING TO COLLECTION OF SALES AND USE TAX BY A RETAIL SELLER, SO AS TO REVISE THE CIRCUMSTANCES WHEN A SELLER MUST COLLECT AND REMIT TAX AND OBTAIN A RETAIL LICENSE FROM THE DEPARTMENT; TO AMEND SECTION 12-37-2860, AS AMENDED, RELATING TO ONE-TIME FEES ON SEMITRAILERS AND TRAILERS OF MOTOR CARRIERS, SO AS TO ALLOW THE DEPARTMENT TO KEEP AND SPEND THE FEE REVENUE FOR ADMINISTRATION OF THE FEE AND PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY DESIGN A PERMANENT TAG FOR DISPLAY ON THE REAR EXTERIOR OF THE TRAILER OR SEMITRAILER; TO AMEND SECTION 12-54-25, AS AMENDED, RELATING TO INTEREST DUE ON REFUNDED OR CREDITED TAX, SO AS TO PROVIDE THE INTEREST BE PAID FROM REVENUE RAISED BY THE SAME TYPE TAX AS THAT BEING REFUNDED OR CREDITED; TO AMEND SECTION 12-54-55, AS AMENDED, RELATING TO PENALTIES FOR THE UNDERPAYMENT OF DECLARATION OF INCOME TAX, SO AS TO FURTHER PROVIDE FOR APPLICATION OF THE PENALTY; TO AMEND SECTION 12-54-160, RELATING TO WAIVER BY THE DEPARTMENT OF REVENUE OF PENALTIES ON PAST DUE TAXES, SO AS TO ALLOW THE WAIVER, DISMISSAL, OR REDUCTION OF PENALTIES UNLESS SPECIFICALLY PROHIBITED OTHERWISE; TO AMEND SECTION 12-56-90, RELATING TO SET-OFF DEBT COLLECTION, SO AS TO PROVIDE THAT THE EXCHANGE OF INFORMATION AMONG THE DEPARTMENT OF REVENUE, THE DEBTOR, AND THE CLAIMANT AGENCY IS LAWFUL; TO AMEND SECTION 44-96-170, AS AMENDED, RELATING TO SOLID WASTE REGULATION AND DISPOSAL, SO AS TO PROVIDE FOR A REFUND OF THE NEW TIRE FEE FOR EACH WASTE TIRE TAKEN TO A WASTE TIRE DISPOSAL FACILITY AND DELETE REQUIREMENTS THAT CERTAIN REFUNDS MUST BE CHARGED AGAINST A COUNTY'S DISTRIBUTION; TO AMEND SECTION 4-10-90, AS AMENDED, RELATING TO ALLOCATIONS TO LOCAL GOVERNING BODIES FROM THE PROPERTY TAX CREDIT FUND AND COUNTY/MUNICIPAL REVENUE FUND, SO AS TO REQUIRE PROSPECTIVE CORRECTION OF MISALLOCATIONS DUE TO CITY OR COUNTY CODE ERRORS, FOR TAX YEARS AFTER 1998; AND TO AMEND SECTION 4-12-20, RELATING TO LEASE PROVISIONS FOR FEES IN LIEU OF PROPERTY TAXES, SO AS TO ALLOW THE PARTIES TO THE LEASE AGREEMENTS TO BE OTHER THAN A COUNTY AND OTHER THAN AN INDUSTRY.

(R541) H. 4853 -- Rep. Boan: AN ACT TO AMEND SECTION 12-28-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM TAX ON MOTOR FUEL, SO AS TO EXEMPT KEROSENE IN CERTAIN INSTANCES AND MOTOR FUEL USED TO TRANSPORT STUDENTS BY STATE-FUNDED INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 12-28-1730, RELATING TO PENALTIES IN CONNECTION WITH TAX ON MOTOR FUEL, SO AS TO FURTHER PROVIDE FOR THE CIVIL PENALTIES WHICH MAY BE IMPOSED REGARDING THE SALE OR USE OF DYED FUEL; TO REPEAL SECTIONS 12-31-220 AND 12-31-250 RELATING TO TEMPORARY AND BIENNIAL REGISTRATION CARDS AND IDENTIFICATION MARKERS FOR MOTOR CARRIERS; TO AMEND ARTICLE 1, CHAPTER 49, TITLE 12, RELATING TO LIENS AND SUITS FOR THE ENFORCED COLLECTION OF TAXES, BY ADDING SECTION 12-49-85 SO AS TO PROVIDE FOR THE REMOVAL OF A TAX, ASSESSMENT, OR PENALTY WHICH PROVES TO BE UNCOLLECTIBLE; TO AMEND SECTION 12-37-251, AS AMENDED, RELATING TO THE HOMESTEAD EXEMPTION FROM PROPERTY TAXES LEVIED FOR SCHOOL OPERATIONS, SO AS TO DELETE LANGUAGE REFERRING TO THE CALCULATION OF THE ROLLBACK MILLAGE IN A YEAR OF REASSESSMENT; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO ASSESSMENT RATIOS FOR PROPERTY TAXES, SO AS TO REQUIRE THE OWNER-OCCUPANT OF A LEGAL RESIDENCE THAT IS BEING PURCHASED BY CONTRACT OF SALE TO RECORD THE CONTRACT IN ORDER TO QUALIFY FOR THE FOUR PERCENT ASSESSMENT RATIO; TO AMEND SECTION 12-54-85, RELATING TO TIME LIMITATIONS FOR ASSESSMENT OF TAXES, SO AS TO PROVIDE THAT THE ASSESSMENT OF THE TAX OCCURS ON THE LATER OF THE LAST DAY THE TAX MAY BE PAID WITHOUT PENALTY OR THE DATE OF THE TAX NOTICE; TO AMEND SECTION 12-60-2520, RELATING TO TAXPAYER OBJECTION TO A PROPERTY TAX ASSESSMENT, SO AS TO PROVIDE FOR AGREEMENT WITH THE OBJECTION WITHOUT A CONFERENCE; TO AMEND SECTION 12-60-2910, AS AMENDED, RELATING TO TAXPAYER OBJECTION TO A PERSONAL PROPERTY TAX ASSESSMENT OR A DENIAL OF A HOMESTEAD EXEMPTION, SO AS TO CONFORM THE DEFINITION OF WHEN THE ASSESSMENT OF THE TAX OCCURS; TO REPEAL SECTION 12-43-225, RELATING TO SPECIAL ASSESSMENT RATIOS, AND SECTION 12-49-80, RELATING TO LAWSUITS BY THE STATE TO COLLECT BACK TAXES; TO AMEND SECTION 61-2-100, RELATING TO PERSONS ALLOWED TO BE LICENSEES OR PERMITTEES OF THE DEPARTMENT OF REVENUE FOR PURPOSES OF SELLING ALCOHOLIC LIQUORS, BEER, AND WINE, SO AS TO PROVIDE FOR THE ISSUANCE OF A LICENSE OR PERMIT TO AN INDIVIDUAL OR TO A BUSINESS OR OTHER ENTITY AND TO ESTABLISH REQUIREMENTS FOR BEING ISSUED THE LICENSE OR PERMIT; TO AMEND SECTION 61-6-505, RELATING TO THE ISSUANCE OF A TEMPORARY LICENSE TO THE PURCHASER OF A RETAIL BUSINESS WHICH SELLS ALCOHOLIC BEVERAGES, SO AS TO INCLUDE ONE WHO ACQUIRES THE BUSINESS BY TRANSFER OTHER THAN PURCHASE; TO AMEND SECTION 61-6-2005, RELATING TO THE ISSUANCE OF A TEMPORARY LICENSE TO THE PURCHASER OF A RETAIL BUSINESS WHICH SELLS ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO INCLUDE ONE WHO ACQUIRES THE BUSINESS BY TRANSFER OTHER THAN PURCHASE; TO AMEND SECTION 61-4-210, RELATING TO THE ISSUANCE OF A TEMPORARY LICENSE TO THE PURCHASER OF A RETAIL BUSINESS WHICH SELLS BEER OR WINE, SO AS TO INCLUDE ONE WHO ACQUIRES THE BUSINESS BY TRANSFER OTHER THAN PURCHASE; TO AMEND SECTION 61-6-2890, RELATING TO STORAGE OF ALCOHOLIC LIQUORS IN A WAREHOUSE, SO AS TO DELETE THE REQUIREMENT OF A BOND; TO REPEAL SECTIONS 61-6-300, 61-6-310, 61-6-320, 61-6-330, 61-6-340, AND 61-6-350, ALL RELATING TO LICENSE BONDS FOR MANUFACTURERS, RETAILERS, AND WHOLESALERS OF ALCOHOLIC BEVERAGES; TO AMEND SECTION 33-44-801, RELATING TO THE DISSOLUTION OF A LIMITED LIABILITY COMPANY, SO AS TO DELETE THE DISSOCIATION OF A MEMBER AS A DISSOLVING EVENT; TO AMEND SECTION 33-44-103, RELATING TO THE OPERATING AGREEMENT OF A LIMITED LIABILITY COMPANY, AND SECTION 33-44-404, RELATING TO MANAGEMENT OF A LIMITED LIABILITY COMPANY, BOTH SO AS TO REFLECT THE DELETION OF THE DISSOCIATION OF A MEMBER AS A DISSOLVING EVENT; TO AMEND SECTION 33-44-503, RELATING TO RIGHTS OF A TRANSFEREE OF AN INTEREST IN A LIMITED LIABILITY COMPANY, SO AS TO RENUMBER A CROSS REFERENCE TO SECTION 33-44-801; TO AMEND SECTION 33-44-603, RELATING TO THE EFFECT OF A MEMBER'S DISSOCIATION FROM A LIMITED LIABILITY COMPANY, AND SECTION 33-44-701, RELATING TO COMPANY PURCHASE OF AN INTEREST IN A LIMITED LIABILITY COMPANY, BOTH SO AS TO REFLECT THE DELETION OF THE DISSOCIATION OF A MEMBER AS A DISSOLVING EVENT; TO AMEND SECTION 12-37-2810, RELATING TO MOTOR CARRIERS FOR PURPOSES OF ASSESSMENT OF PROPERTY TAXES, SO AS TO INCLUDE "BUS" IN THE DEFINITIONS OF A MOTOR VEHICLE OF MOTOR CARRIER; TO AMEND SECTION 12-37-2820, AS AMENDED, RELATING TO THE VALUATION OF MOTOR VEHICLES OF MOTOR CARRIERS, SO AS TO DEFINE "GROSS CAPITALIZED COST"; TO AMEND SECTION 12-37-2830, AS AMENDED, RELATING TO THE VALUATION OF MOTOR VEHICLES OF MOTOR CARRIERS, SO AS TO DELETE REFERENCE TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-37-2840, AS AMENDED, RELATING TO THE FAILURE OF A MOTOR CARRIER TO FILE AN ANNUAL PROPERTY TAX RETURN, SO AS TO PROVIDE FOR A PROPOSED ASSESSMENT BY THE DEPARTMENT OF REVENUE WHICH ASSUMES ALL MILEAGE WAS WITHIN THIS STATE; TO AMEND SECTION 12-37-2850, AS AMENDED, RELATING TO THE ESTABLISHMENT OF A STATEWIDE AVERAGE MILLAGE FOR ASSESSMENT OF TAXES ON MOTOR VEHICLES OF MOTOR CARRIERS, SO AS TO REQUIRE THE PUBLISHING OF THE AVERAGE MILLAGE BY JUNE 1; TO AMEND SECTION 4-10-40, AS AMENDED, RELATING TO THE CREDIT OF REVENUES FROM THE PROPERTY TAX CREDIT FUND TO PROPERTY TAX LIABILITY, SO AS TO INCLUDE LIABILITY FOR FEES IN LIEU OF TAXES ARISING OUT OF LOCATION IN A MULTI-COUNTY INDUSTRIAL OR BUSINESS PARK; TO AMEND SECTION 12-14-40, RELATING TO THE DESIGNATION OF AN ECONOMIC IMPACT ZONE, SO AS TO DELETE THE FIFTEEN-YEAR "SUNSET" ON SUCH ZONES; TO AMEND SECTION 12-14-60, AS AMENDED, RELATING TO THE STATE INCOME TAX INVESTMENT CREDIT ALLOWED FOR CERTAIN INVESTMENTS IN ECONOMIC IMPACT ZONES, SO AS TO DELETE THE FIVE PERCENT CREDIT AND REPLACE IT WITH A GRADUATED PERCENTAGE FROM ONE TO FIVE PERCENT BASED ON THE INVESTMENT'S USEFUL LIFE AND TO LIMIT THE TOTAL CREDIT ALLOWED A UTILITY FOR INVESTMENTS MADE AFTER JUNE 30, 1998, TO FIVE MILLION DOLLARS, LIMIT ALL CREDITS FOR INVESTMENTS MADE BEFORE JULY 1, 1998, TO NO MORE THAN FIFTY PERCENT OF THE TAX LIABILITY, AND TO MAKE OTHER TECHNICAL CHANGES; AND TO PROVIDE VARIOUS EFFECTIVE DATES.

(R542) H. 4998 -- Reps. Boan and Lanford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE, TAXATION, AND DEBT, SO AS TO ALLOW THE STATE TREASURER TO INVEST ENDOWMENT FUNDS DONATED SPECIFICALLY TO STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING IN EQUITY SECURITIES OF UNITED STATES CORPORATIONS REGISTERED ON A NATIONAL SECURITIES EXCHANGE OR QUOTED THROUGH A NATIONAL QUOTATIONS SYSTEM, SUBJECT TO LEGISLATION ENACTED BY THE GENERAL ASSEMBLY WHICH REQUIRES THESE ENDOWMENT FUNDS HELD AND INVESTED BY THE STATE TREASURER TO BE INVESTED PURSUANT TO A PLAN RECOMMENDED BY THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL WHICH MUST BE SUBMITTED TO AND APPROVED BY THE BOARDS OF TRUSTEES OF THE RESPECTIVE COLLEGES AND UNIVERSITIES; AND BY PROPOSING AN AMENDMENT TO SECTION 14 OF THIS ARTICLE TO AUTHORIZE THE GENERAL ASSEMBLY TO PROVIDE BY LAW FOR THE INCURRENCE OF INDEBTEDNESS BY COUNTIES FOR REDEVELOPMENT PURPOSES AND TO PROVIDE FOR THE DEBT SERVICE OF SUCH INDEBTEDNESS TO BE PROVIDED FROM THE ADDED INCREMENT OF TAX REVENUES TO RESULT FROM THE PROJECT.

(R543) H. 5018 -- Reps. Townsend, Martin, Stille and Cooper: AN ACT TO AMEND ACT 294 OF 1961, AS AMENDED, RELATING TO THE ANDERSON COUNTY FIRE PROTECTION COMMISSION, SO AS TO AUTHORIZE THE COMMISSIONERS TO SELECT A TREASURER INSTEAD OF A SECRETARY, DELETE THE PROVISION AUTHORIZING THE COMMISSION TO LEVY A TAX NOT EXCEEDING FOUR MILLS AND SUBSTITUTING A PROVISION WHICH AUTHORIZES THE COMMISSION TO RECOMMEND TO THE ANDERSON COUNTY LEGISLATIVE DELEGATION AN ANNUAL TAX NOT TO EXCEED SIX MILLS FOR THE OPERATION OF THE FIRE PROTECTION SYSTEM, DELETE THE MUNICIPALITY OF PELZER FROM THE EXCEPTIONS OF THE AREA SUBJECT TO THE TAX FOR THE FIRE SYSTEM, REQUIRE THE APPROVAL OF THE ANDERSON COUNTY LEGISLATIVE DELEGATION FOR THE COMMISSION TO ISSUE TAX ANTICIPATION NOTES, CHANGE REFERENCES FROM FIRE MARSHAL TO COUNTY FIRE CHIEF, CLARIFY THE PROCESS AND PROVIDE THAT THE COMMISSION MAKES AN ANNUAL RECOMMENDATION TO THE DELEGATION, WITH THE DELEGATION APPROVING THE BUDGET AND THE COUNTY AUDITOR LEVYING THE AMOUNTS APPROVED BY THE DELEGATION, AND CORRECT ARCHAIC REFERENCES; AND TO AMEND ACT 711 OF 1990 RELATING TO THE AUTHORIZATION OF CERTAIN COMPENSATION FOR MEMBERS OF THE ANDERSON COUNTY FIRE PROTECTION COMMISSION, SO AS TO CLARIFY THE ANNUAL SUBMISSION OF THE BUDGET TO THE ANDERSON COUNTY LEGISLATIVE DELEGATION AND PROVIDE FOR A REFERENDUM IN THE SERVICE AREA OF THE COMMISSION WHEN THE COMMISSION REQUESTS AND THE DELEGATION APPROVES MORE THAN SIX MILLS IN THE ANNUAL BUDGET REQUEST.

(R544) H. 5165 -- Rep. Rhoad: A JOINT RESOLUTION TO REQUIRE A REFERENDUM TO BE CONDUCTED AT THE TIME OF THE GENERAL ELECTION OF 1998, AT WHICH TIME THE QUALIFIED ELECTORS OF BAMBERG COUNTY SHALL DETERMINE WHETHER OR NOT THE BAMBERG COUNTY HOSPITAL REMAINS OPEN AND TO PROVIDE THAT IF A MAJORITY OF THE ELECTORS VOTING IN THE REFERENDUM VOTE "YES", THE HOSPITAL MAY NOT BE CLOSED FOR THREE YEARS, TO PROVIDE EXCEPTIONS, AND TO AUTHORIZE THE GOVERNING BODY OF BAMBERG COUNTY TO DIRECT THE REGISTRATION AND ELECTIONS COMMISSION FOR BAMBERG COUNTY, AT THE TIME OF THE 1998 GENERAL ELECTION, TO PLACE ADDITIONAL QUESTIONS ON THE BALLOT RELATING TO THE PROVIDING OF HEALTH CARE SERVICES TO THE CITIZENS OF BAMBERG COUNTY.

(R545) H. 5183 -- Rep. Cave: AN ACT TO PROVIDE FOR TWO ADDITIONAL MEMBERS OF THE ALLENDALE COUNTY BOARD OF EDUCATION TO SERVE FOR TERMS TO EXPIRE IN 2000, TO PROVIDE FOR THE MANNER IN WHICH THESE ADDITIONAL MEMBERS SHALL BE APPOINTED, TO PROVIDE THAT THEIR SUCCESSORS SHALL BE ELECTED AT THE 2000 ELECTION IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW, AND TO PROVIDE FOR THE MANNER IN WHICH A VACANCY IS FILLED ON THE BOARD IF ONE OCCURS FOR ANY REASON OTHER THAN THE EXPIRATION OF A TERM OF OFFICE.

Having received a favorable report from the Colleton County Delegation, the following appointment was confirmed in open session:
Reappointment, Colleton County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Norris O. Rearden, 100 Rearden Lane, Walterboro, S.C. 29488

Having received a favorable report from the Dorchester County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Dorchester County Probate Judge, with term to commence January 7, 1997, and to expire January 2, 2001, service to commence June 30, 1998:
Honorable Tiffany N. Provence, 100 Fairway Drive, Summerville, S.C. 29483 VICE William J. Wylie, Jr. (resigned)

Having received a favorable report from the Saluda County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Saluda County Probate Judge, with term to commence January 7, 1997, and to expire January 2, 2001, service to commence July 1, 1998:
Honorable Margaret N. Upchurch, Route 1, Box 326, Saluda, S.C. 29138 VICE Randy Mitchell (resigned)

On motion of Senator THOMAS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Frances Campbell of Orangeburg, South Carolina, former Administrative Assistant to Senator GARRISON and former Secretary to Senators THOMAS and HINDS.

At 11:50 A.M., on motion of Senator COURSON, the Senate adjourned Sine Die.

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