Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 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, let us hear St. Luke, Chapter 12:48:
"Every one to whom much is given, of him will much be
required; and of him to whom men commit much, they
will demand the more."
Let us pray.
Father, as we mark the beginning of another fast moving day, we pause to seek Your blessing upon our labors and Your continuing help with our problems.
We know we have been given much; and because we have been richly blessed, much You will require from us.
We know that our people have committed to us a great trust and that they will demand a performance in proportion to their needs and wants and our abilities to deliver.
Help us to deliver!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
At 11:03 A.M., Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator LEATHERMAN moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bauer Branton Bryan Courson Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes
Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McGill Mescher Moore Passailaigue Patterson Peeler Rankin Ravenel Reese Richardson Russell Ryberg Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
A quorum being present, the Senate resumed.
The following appointments were transmitted by the Honorable James H. Hodges:
Reappointment, South Carolina State Ports Authority, with term to commence March 19, 2000, and to expire March 19, 2007:
At-Large:
Whitmarsh S. Smith III, 12 Greenhill Street, Charleston, S.C. 29401
Referred to the Committee on Transportation.
Reappointment, South Carolina State Athletic Commission, with term to commence June 30, 1998, and to expire June 30, 2002:
3rd Congressional District:
Paul H. Kennemore, Jr., 814 Fairforest Drive, Greenwood, S.C. 29646
Referred to the General Committee.
Initial Appointment, South Carolina Commission on Consumer Affairs, with term to commence September 30, 1998, and to expire September 30, 2002:
At-Large:
Virginia Allison McGee, 19 Holliday Court, Columbia, S.C. 29223 VICE DeAnna S. Trout
Referred to the Committee on Banking and Insurance.
Initial Appointment, Crime Victims' Ombudsman, with term coterminous with Governor:
Debora Depra Curtis, 1205 Pendleton Street, Suite 305, Columbia, S.C. 29201 VICE Sunny S. Philips
Referred to the Committee on Judiciary.
Initial Appointment, Board of Directors of the DARE Fund, with term to commence August 8, 1997, and to expire June 30, 2001:
Sheriff:
Sheriff Kelvin Washington, Williamsburg County Sheriff's Office, Post Office Box 179, Kingstree, S.C. 29556
Referred to the Committee on Judiciary.
Reappointment, South Carolina State Board of Financial Institutions, with term to commence June 30, 1998, and to expire June 30, 2002:
Banker:
William S. Hummers, Carolina First Bank, 102 South Main Street, Greenville, S.C. 29601
Referred to the Committee on Banking and Insurance.
Initial Appointment, South Carolina Forestry Commission, with term to commence June 30, 2000, and to expire June 30, 2006:
At-Large:
George W. Flanders, 606 Rugby Road, Lancaster, S.C. 29720 VICE George E. Callaway
Referred to the Committee on Fish, Game and Forestry.
Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 1998, and to expire June 30, 2001:
6th Congressional District:
Jacquetta Porter Jones, 5868 Octavia Avenue, Ravenel, S.C. 29470 VICE Sheila Ann Massey
Referred to the Committee on Judiciary.
Initial Appointment, Advisory Panel for Massage/Bodywork Therapist, with term to commence June 30, 1997, and to expire June 30, 2001:
Therapist:
Sandra Rebecca Russ, 415 Wren Road, Piedmont, S.C. 29673
Referred to the Committee on Labor, Commerce and Industry.
Initial Appointment, South Carolina Mental Health Commission, with term to commence March 14, 1998, and to expire March 14, 2003:
6th Congressional District:
R. Josephine Jupiter, 902 Rose Street, Florence, S.C. 29206 VICE Priscilla L. Tanner
Referred to the Committee on Medical Affairs.
Initial Appointment, South Carolina Board of Occupational Therapy, with term to commence September 30, 1997, and to expire September 30, 2000:
Therapist:
Lesly S. Wilson, 2018 Watermark Place, Columbia, S.C. 29210 VICE David V. Hamilton
Referred to the Committee on Labor, Commerce and Industry.
Reappointment, South Carolina Board of Occupational Therapy, with term to commence September 30, 2000, and to expire September 30, 2003:
Therapist:
Lesly S. Wilson, 2018 Watermark Place, Columbia, S.C. 29210
Referred to the Committee on Labor, Commerce and Industry.
Initial Appointment, South Carolina State Board of Speech-Language Pathology and Audiology, with term to commence June 30, 2000, and to expire June 30, 2004:
Audiologist:
Gwendolyn D. Wilson, Post Office Box 7304, Orangeburg, S.C. 29117 VICE Virginia T. Wright
Referred to the Committee on Medical Affairs.
Initial Appointment, South Carolina Worker's Compensation Commission, with term to commence June 30, 2000, and to expire June 30, 2006:
At-Large:
Lisa Denese Chavis, 402-A Florida Street, Columbia, S.C. 29201 VICE Roland S. Corning
Referred to the Committee on Judiciary.
On motion of Senator PASSAILAIGUE, at 11:05 A.M., Senator SALEEBY was granted a leave of absence for today.
At 11:15 A.M., Senator PEELER requested a leave of absence beginning at 3:00 P.M.
At 11:15 A.M., Senator RYBERG requested a leave of absence beginning at 4:00 P.M.
At 11:15 A.M., Senator GROOMS requested a leave of absence for Thursday, May 11, 2000, beginning at 5:00 P.M. and lasting until midnight.
At 11:15 A.M., Senator FAIR requested a leave of absence for Thursday, May 11, 2000, beginning at 4:00 P.M. and lasting until midnight.
At 1:15 P.M., Senator COURSON requested a leave of absence from 4:30 - 6:00 P.M.
At 3:15 P.M., Senator HOLLAND requested a leave of absence from 3:30 - 11:00 P.M.
On motion of Senator RYBERG, the leave of absence which was granted to him for today was rescinded.
At 5:00 P.M., Senator HAYES requested a leave of absence from 5:00 - 11:00 P.M.
At 7:15 P.M., Senator SETZLER requested a leave of absence until 8:10 P.M.
At 7:20 P.M., Senator WILSON requested a leave of absence until 8:30 P.M.
At 7:25 P.M., Senator MARTIN requested a leave of absence until 7:40 P.M.
Senator LEVENTIS rose for an Expression of Personal Interest.
H. 3086 (Word version) -- Rep. Wilder: A BILL TO AMEND SECTION 61-6-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF APPLICATION FOR BEER OR WINE PERMITS AND ALCOHOLIC LIQUOR LICENSES, SO AS TO REVISE THE NEWSPAPER NOTICE AND NOTICE POSTING REQUIREMENTS.
Senator BRYAN asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Bill was recalled, ordered placed on the Calendar for consideration tomorrow.
H. 4277 (Word version) -- Reps. Harvin, Stuart, Bales, Seithel, Whipper, Meacham-Richardson, Ott, Knotts and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
Senator LAND asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Bill was recalled, ordered placed on the Calendar for consideration tomorrow.
H. 4467 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 90, SO AS TO PROVIDE FOR THE REGULATION AND OPERATION OF CAPTIVE INSURANCE COMPANIES, INCLUDING AMONG OTHER THINGS THE SCOPE OF BUSINESS THAT MAY BE CONDUCTED; REQUIREMENTS FOR INCORPORATION, LICENSURE, FINANCIAL RESPONSIBILITY, AND ANNUAL REPORTS; PROVIDING FOR PERIODIC INSPECTIONS AND EXAMINATIONS OF THE COMPANY'S AFFAIRS; ESTABLISHING GROUNDS FOR LICENSE SUSPENSION AND REVOCATION, SETTING FORTH INVESTMENT REQUIREMENTS; ESTABLISHING PREMIUM TAXES; AND PROVIDING THE PROCEDURES FOR CONVERSIONS AND MERGERS OF CERTAIN CAPTIVE INSURANCE COMPANIES WITH RECIPROCAL INSURERS.
On behalf of Senator SALEEBY, Senator PASSAILAIGUE asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.
There was no objection.
The Bill was recalled, ordered placed on the Calendar for consideration tomorrow.
H. 4921 (Word version) -- Reps. Inabinett, Allen, Allison, Bailey, Barrett, Bowers, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Carnell, Clyburn, Cooper, Dantzler, Edge, Gilham, Gourdine, Govan, Hamilton, Harrison, Haskins, Hawkins, Hayes, J. Hines, Hinson, Hosey, Howard, Keegan, Kelley, Kirsh, Knotts, Koon, Leach, Lee, Littlejohn, Lloyd, Loftis, Mack, Maddox, McMahand, Miller, J.H. Neal, J.M. Neal, Parks,
Senator MATTHEWS asked unanimous consent to make a motion to recall the Resolution from the Committee on Agriculture and Natural Resources.
There was no objection.
Senator MATTHEWS asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
Senator MATTHEWS asked unanimous consent to adopt the Resolution.
There was no objection.
The Concurrent Resolution was recalled, adopted and returned to the House.
The following were introduced:
S. 1373 (Word version) -- Senator Moore: A SENATE RESOLUTION CONGRATULATING MISS ALVA S. LEWIS OF EDGEFIELD COUNTY UPON HER RETIREMENT AS PRINCIPAL OF DOUGLAS ELEMENTARY SCHOOL AND WISHING HER WELL IN ALL HER FUTURE ENDEAVORS.
l:\council\bills\nbd\12059ac00.doc
The Senate Resolution was adopted.
H. 3475 (Word version) -- Reps. Limehouse, Cotty, Knotts, Lucas, W. McLeod, Meacham-Richardson, Rhoad, Sharpe, Trotter and Whipper: A BILL TO AMEND ARTICLE 5, CHAPTER 17, TITLE 50, CODE OF
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 4317 (Word version) -- Reps. Allison, Altman, Walker, Riser, Rodgers and Seithel: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT FROM PROPERTY TAX ONE PERSONAL MOTOR VEHICLE OWNED OR LEASED BY THE CAREGIVER OF A MENTALLY RETARDED PERSON OR PHYSICALLY HANDICAPPED PERSON WHEN THE VEHICLE IS USED TO TRANSPORT THE MENTALLY RETARDED OR PHYSICALLY HANDICAPPED PERSON, TO REQUIRE THAT THE INDIVIDUAL TRANSPORTED MUST BE ELIGIBLE TO BE CLAIMED AS A DEPENDENT ON FEDERAL INCOME TAX RETURNS FILED BY THE CAREGIVER, AND TO DEFINE "HANDICAPPED" AND "MENTALLY RETARDED".
Read the first time and referred to the Committee on Finance.
H. 4744 (Word version) -- Rep. D. Smith: A BILL TO AMEND SECTION 62-5-408, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE PROBATE COURT WITH RESPECT TO THE ESTATE AND AFFAIRS OF PROTECTED PERSONS, SO AS TO PROVIDE A NONDISPOSITIVE LIST OF THE POWERS THE COURT HAS OVER THE ESTATE AND AFFAIRS OF A PROTECTED PERSON WHO IS NOT A MINOR.
Read the first time and referred to the Committee on Judiciary.
H. 4864 (Word version) -- Reps. Witherspoon and Barfield: A BILL TO AMEND SECTION 50-5-1515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING SHAD BY HOOK AND LINE AND TO SET LIMITS ON THE NUMBER OF SHAD TAKEN, SO AS TO MAKE THE SECTION APPLICABLE TO TAKING SHAD BY
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 4881 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-5-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHRIMP TRAWLS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HAVE ON BOARD OR TO TRAWL WITH ANY TRAWL HAVING A TOTAL FOOT ROPE LENGTH GREATER THAN TWO HUNDRED TWENTY FEET, TO PROVIDE FOR CERTAIN EXCEPTIONS, AND TO PROVIDE ADDITIONAL PENALTIES FOR CERTAIN VIOLATIONS OF THIS SECTION.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 4908 (Word version) -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-740 SO AS TO ESTABLISH SOUTH CAROLINA YOUTH HUNTING DAYS FOR CERTAIN GAME SPECIES AND TO SPECIFY REQUIREMENTS AND RESTRICTIONS FOR PARTICIPATION.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 4968 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO NONEMERGENCY VEHICLES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2439, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Judiciary.
H. 4994 (Word version) -- Reps. Young-Brickell, Chellis and Bailey: A BILL TO AMEND ACT 535 OF 1982 AND ACT 536 OF 1986, BOTH AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF SUMMERVILLE SCHOOL DISTRICT NO. 2 IN DORCHESTER COUNTY AND DORCHESTER COUNTY SCHOOL DISTRICT 4, RESPECTIVELY, SO AS TO REVISE THE DATES BY WHICH PERSONS DESIRING
Read the first time and ordered placed on the Local and Uncontested Calendar without reference.
H. 5024 (Word version) -- Rep. Campsen: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.
Read the first time and referred to the Committee on Judiciary.
H. 5034 (Word version) -- Rep. Martin: A CONCURRENT RESOLUTION TO EXTEND THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MRS. BETTY N. MOORE, ABR, CRS, GRI OF ANDERSON COUNTY UPON THE OCCASION OF BEING SELECTED AS THE "1999 REALTOR OF THE YEAR" BY THE SOUTH CAROLINA ASSOCIATION OF REALTORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5035 (Word version) -- Rep. Sharpe: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE SOCIETY OF AMERICAN FORESTERS AND THE FORESTRY PROFESSION FOR A CENTURY OF PROFESSIONAL FORESTRY SERVICES IN SOUTH CAROLINA, FOR PROVIDING INVALUABLE RESEARCH, TEACHING, EXTENSION, PROFESSIONAL ADVICE, AND LEADERSHIP IN FORESTRY FOR THE CITIZENS OF SOUTH CAROLINA, AND FOR PROMOTING CONSERVATION, STEWARDSHIP, AND SUSTAINED MANAGEMENT OF FOREST RESOURCES, AND TO JOIN WITH THE SOCIETY OF AMERICAN FORESTERS ON THE OCCASION OF THE SOCIETY CELEBRATING ONE HUNDRED YEARS OF ADVANCING THE SCIENCE AND PRACTICE OF FORESTRY IN SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator LAND from the Committee on Transportation submitted a favorable report on:
H. 3300 (Word version) -- Reps. Beck, Mason, R. Smith, Lourie, J. Smith, Jennings, Emory, Howard and Seithel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-195 SO AS TO PROVIDE THAT PUBLIC AND PRIVATE SCHOOLS MUST TRANSPORT TEN OR MORE STUDENTS IN A SCHOOL BUS OR ACTIVITY BUS, PROVIDE THAT VEHICLES PURCHASED BEFORE A CERTAIN DATE HAVE A GRACE PERIOD DURING WHICH THEY MUST COMPLY WITH THIS PROVISION, AND PROVIDE THAT DURING THE GRACE PERIOD A NON-COMPLYING VEHICLE MUST DISPLAY A DECAL THAT STATES THE VEHICLE DOES NOT MEET THE SAFETY REQUIREMENTS OF A SCHOOL BUS; BY ADDING SECTION 56-5-196 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MUST NOTIFY OWNERS OF CERTAIN VEHICLES USED TO TRANSPORT STUDENTS OF THE PROVISIONS CONTAINED IN THIS ACT; TO AMEND SECTION 56-5-190, RELATING TO SCHOOL BUSES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO SCHOOL BUSES TRANSPORTING STUDENTS TO BOTH PUBLIC AND PRIVATE SCHOOLS; AND TO AMEND SECTION 59-67-30, RELATING TO PAINTING AND MARKINGS ON SCHOOL BUSES, SO AS TO PROVIDE THE MARKINGS THAT MUST APPEAR ON A SCHOOL BUS THAT DOES NOT COMPLY WITH THE STATE'S REQUIREMENTS.
Ordered for consideration tomorrow.
Senator LEVENTIS from the Committee on Agriculture and Natural Resources polled out H. 3434 favorable with amendment:
H. 3434 (Word version) -- Reps. Campsen, Altman, Davenport, Inabinett and Sharpe: A BILL TO AMEND CHAPTERS 4 AND 5 OF TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WATER USE REPORTING AND COORDINATION ACT AND THE GROUNDWATER USE ACT, SO AS TO DENOMINATE THESE CHAPTERS AS THE "SOUTH CAROLINA SURFACE WATER WITHDRAWAL AND REPORTING ACT" AND THE "GROUNDWATER USE AND REPORTING ACT" RESPECTIVELY, AND, AMONG OTHER THINGS, TO CHANGE THE THRESHOLD AMOUNT OF WATER WITHDRAWAL
AYES
Leventis Setzler Peeler McGill Glover Waldrep Reese Hutto Ravenel Grooms Bauer Richardson
Ordered for consideration tomorrow.
Senator LAND from the Committee on Transportation submitted a favorable with amendment report on:
H. 3993 (Word version) -- Reps. Rodgers, Clyburn, Gilham, Gourdine, Hinson, Kelley, Kennedy and Lloyd: A BILL TO AMEND SECTION 58-25-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACTIVATION AND DISSOLUTION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO DEFINE THE NEW SOURCES OF REVENUE THAT REQUIRE THE ACTIVATION OF AN AUTHORITY TO BE APPROVED BY THE QUALIFIED ELECTORS WITHIN A PROPOSED SERVICE AREA; TO AMEND SECTION 58-25-35, AS AMENDED, RELATING TO COMPOSITION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 58-25-40, AS AMENDED, RELATING TO A REGIONAL TRANSPORTATION AUTHORITY'S BOARD MEMBERS, OFFICERS, AND STAFF SO AS TO DELETE A REFERENCE TO THE TERM "RESIDENT SENATOR", AND TO PROVIDE THAT IF A REGIONAL TRANSPORTATION AUTHORITY EXPANDS INTO A CONTIGUOUS COUNTY, OR MUNICIPALITY, THE EXPANSION MUST BE APPROVED BY THE QUALIFIED ELECTORS IN THOSE COUNTIES AND MUNICIPALITIES ONLY; TO AMEND SECTION 58-25-50 AS AMENDED, RELATING TO THE POWERS AND DUTIES OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO DELETE THE PROVISION RELATING TO THE AUTHORITY'S PREPARATION OF A PLAN TO COORDINATE PUBLIC TRANSPORTATION SERVICES PROVIDED BY EACH ENTITY IN THE AUTHORITY'S SERVICE AREA; AND TO AMEND SECTION 58-25-60, AS AMENDED, RELATING TO SOURCES OF FUNDS TO OPERATE A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO PROVIDE ADDITIONAL SOURCES OF FUNDS THAT MAY BE USED TO OPERATE A REGIONAL TRANSPORTATION AUTHORITY WHICH INCLUDE A SALES TAX ON GASOLINE, A TAX PER GALLON OF GASOLINE SOLD, AND A GENERAL SALES TAX, AND TO DELETE THE REQUIREMENT THAT A MAJORITY OF THE MEMBERS OF THE GENERAL ASSEMBLY REPRESENTING A REGIONAL TRANSPORTATION AUTHORITY'S SERVICE AREA MUST APPROVE AN INCREASE IN THE MOTOR VEHICLE REGISTRATION FEE.
Ordered for consideration tomorrow.
Columbia, S.C., May 3, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3741 (Word version) -- Reps. Sharpe, Wilkes and Davenport: A BILL TO AMEND CHAPTER 2 OF TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENVIRONMENTAL PROTECTION FUND, BY ADDING ARTICLE 3 SO AS TO ENACT THE ENVIRONMENTAL EMERGENCY FUND ACT WHICH CREATES THE "ENVIRONMENTAL EMERGENCY FUND", DEFINES ENVIRONMENTAL EMERGENCIES, REQUIRES THAT ALL FINES AND PENALTIES COLLECTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, NOT OTHERWISE DESIGNATED, TO BE CREDITED TO THE FUND, ESTABLISHES A TWO HUNDRED FIFTY THOUSAND DOLLAR CAP FOR THE FUND, AND PROVIDES FOR USE OF THESE FUNDS; TO AMEND SECTION 58-5-720 RELATING TO THE FILING OF BONDS OF CERTIFICATES OF DEPOSIT BEFORE APPROVAL OF CONSTRUCTION OR OTHER WORK ON WATER OR SEWER SYSTEMS SO AS TO INCREASE THE AMOUNT OF THE BOND FROM A MINIMUM OF TEN THOUSAND DOLLARS TO TWENTY-FIVE THOUSAND DOLLARS AND A MAXIMUM OF FIFTY THOUSAND DOLLARS TO ONE HUNDRED THOUSAND DOLLARS; TO DESIGNATE SECTIONS 48-2-10 THROUGH 48-2-90 AS ARTICLE 1, CHAPTER 2, TITLE 48 ENTITLED ENVIRONMENTAL PROTECTION FUND; TO RENAME CHAPTER 2 OF TITLE 48, AS ENVIRONMENTAL PROTECTION FUNDS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 3, 2000
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4650 (Word version) -- Reps. Hamilton, W. McLeod, Easterday, Leach and F. Smith: A BILL TO AMEND SECTION 59-149-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELIGIBILITY REQUIREMENTS FOR A LIFE SCHOLARSHIP, SO AS TO DELETE THE REQUIREMENT THAT STUDENTS MUST PASS ALL COURSES REQUIRED FOR A STAR DIPLOMA; TO REPEAL SECTIONS 59-39-105 AND 59-39-190 RELATING TO THE REQUIREMENTS AND THE PROMULGATION OF REGULATIONS FOR THE STAR DIPLOMA; AND TO REPEAL SECTION 59-103-175, RELATING TO INCLUDING STAR DIPLOMA INFORMATION IN HIGH SCHOOL AND HIGHER EDUCATION AWARENESS COUNSELING, ALL SO AS TO REPEAL THE STAR DIPLOMA PROGRAM.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 19, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Townsend, Miller and Stuart to the Committee of Conference on the part of the House on:
H. 4340 (Word version) -- Reps. Breeland and Whipper: A BILL TO AMEND SECTION 56-3-8000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THESE LICENSE PLATES MAY ALSO BE ISSUED TO SOCIAL AND RECREATION CLUBS THAT HAVE OBTAINED CERTIFICATION PURSUANT TO SECTION 501(C)(7) OF THE FEDERAL INTERNAL REVENUE CODE.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 3, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has requested and been granted Free Conference Powers and has appointed Reps. Townsend, Miller and Stuart to the Committee of Free Conference on the part of the House on:
H. 4340 (Word version) -- Reps. Breeland and Whipper: A BILL TO AMEND SECTION 56-3-8000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THESE LICENSE PLATES MAY ALSO BE ISSUED TO SOCIAL AND RECREATION CLUBS THAT HAVE OBTAINED CERTIFICATION PURSUANT TO SECTION 501(C)(7) OF THE FEDERAL INTERNAL REVENUE CODE.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 3, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on the following:
H. 4340 (Word version) -- Reps. Breeland and Whipper: A BILL TO AMEND SECTION 56-3-8000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THESE LICENSE PLATES MAY ALSO BE ISSUED TO SOCIAL AND RECREATION CLUBS THAT HAVE OBTAINED CERTIFICATION PURSUANT TO SECTION 501(C)(7) OF THE FEDERAL INTERNAL REVENUE CODE.
Very respectfully,
Speaker of the House
Received as information.
H. 4340 (Word version) -- Reps. Breeland and Whipper: A BILL TO AMEND SECTION 56-3-8000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THESE LICENSE PLATES MAY ALSO BE ISSUED TO SOCIAL AND RECREATION CLUBS THAT HAVE OBTAINED CERTIFICATION PURSUANT TO SECTION 501(C)(7) OF THE FEDERAL INTERNAL REVENUE CODE.
On motion of Senator LAND, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator LAND spoke on the Report.
On motion of Senator LAND, with unanimous consent, Free Conference Powers were granted.
Whereupon, the PRESIDENT Pro Tempore appointed Senators LAND, WILSON and ANDERSON to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
On motion of Senator LAND, the Report of the Committee of Conference to H. 4340 was adopted as follows:
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 4340 (Word version) -- Reps. Breeland and Whipper: A BILL TO AMEND SECTION 56-3-8000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THESE LICENSE PLATES MAY ALSO BE ISSUED TO SOCIAL AND RECREATION CLUBS THAT HAVE OBTAINED
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version 3/22/00--S.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 56-3-8000(A) of the 1976 Code, as added by Act 63 of 1999, is amended to read:
"(A) The department may issue special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of six thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which may have imprinted on the plate the emblem, a seal, or other symbol the department considers appropriate of an organization which has obtained certification pursuant to either Section 501(C)(3) or 501(C)(7) of the Federal Internal Revenue Code. The fee for this special license plate is the fee contained in Section 56-3-2020.
The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued."
SECTION 2. Section 56-3-780 of the 1976 Code, as amended, is further amended to read:
"Section 56-3-780. (A) Permanent license plates must be issued by the department for all motor vehicles operated by the State or its political subdivisions. The license fee, including registration, is two dollars. Permanent plates must bear the words `South Carolina', the number, and a prefix `SG', `RG', `CG', or `MG' to designate respectively state government, regional government, county government, or municipal government. The Department may issue a permanent license plate to vehicles used by state or local law enforcement agencies. The fee for the permanent plate is two dollars. A decal may be issued to designate the law enforcement agency. The Department may charge a reasonable fee to cover the cost of the decal.
(B) All other vehicles operated by the State or its subdivisions and the Civil Air Patrol must be registered and licensed for a biennial fee of two dollars and must be issued plates in accordance with Section 56-3-1710.
(C) Registration and licenses issued under this section are not transferable except to another agency or department of government."
Amend title to conform.
/s/ Sen. John C. Land /s/Rep. Ronald P. Townsend
/s/ Sen. Joe Wilson /s/Rep. Elsie R. Stuart
/s/ Sen. Ralph Anderson /s/Rep. Vida O. Miller
On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
H. 3509 (Word version) -- Reps. Simrill, Mason, Robinson, Moody-Lawrence, Altman, Davenport, Hamilton, Kirsh, Leach, Meacham-Richardson, J.H. Neal and Sandifer: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, LARCENY, AND SIMILAR OFFENSES, BY ADDING ARTICLE 2, ENTITLED THE "PERSONAL FINANCIAL SECURITY ACT" SO AS TO PROVIDE FOR THE OFFENSE OF FINANCIAL IDENTITY FRAUD AND PENALTIES FOR VIOLATION; AND TO FURTHER AMEND CHAPTER 13, TITLE 16 BY DESIGNATING SECTION 16-13-10 THROUGH 16-13-490 AS ARTICLE 1 OF THAT CHAPTER.
On motion of Senator BRYAN with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator BRYAN spoke on the Report.
On motion of Senator BRYAN, with unanimous consent, Free Conference Powers were granted.
Whereupon, the PRESIDENT Pro Tempore appointed Senators BRYAN, GLOVER and GREGORY to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
On motion of Senator BRYAN, the Report of the Committee of Conference to H. 3509 was adopted as follows:
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3509 (Word version) -- Reps. Simrill, Mason, Robinson, Moody-Lawrence, Altman, Davenport, Hamilton, Kirsh, Leach, Meacham-Richardson, J.H. Neal and Sandifer: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, LARCENY, AND SIMILAR OFFENSES, BY ADDING ARTICLE 2, ENTITLED THE "PERSONAL FINANCIAL SECURITY ACT" SO AS TO PROVIDE FOR THE OFFENSE OF FINANCIAL IDENTITY FRAUD AND PENALTIES FOR VIOLATION; AND TO FURTHER AMEND CHAPTER 13, TITLE 16 BY DESIGNATING SECTION 16-13-10 THROUGH 16-13-490 AS ARTICLE 1 OF THAT CHAPTER.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version 4/19/00--H.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Chapter 13, Title 16 of the 1976 Code is amended by adding:
Section 16-13-500. This article may be cited as the 'Personal Financial Security Act'.
Section 16-13-510. (A) It is unlawful for a person to commit the offense of financial identity fraud.
(B) A person is guilty of financial identity fraud when he, without the authorization or permission of another person and with the intent of unlawfully appropriating the financial resources of that person to his own use or the use of a third party:
(1) obtains or records identifying information which would assist in accessing the financial records of the other person; or
(2) accesses or attempts to access the financial resources of the other person through the use of identifying information as defined in subsection (C).
(C) Identifying information includes, but is not limited to:
(1) social security numbers;
(2) driver's license numbers;
(3) checking account numbers;
(4) savings account numbers;
(5) credit card numbers;
(6) debit card numbers;
(7) personal identification numbers;
(8) electronic identification numbers;
(9) digital signatures; or
(10) other numbers or information which may be used to access a person's financial resources.
(D) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both. The court may order restitution to the victim pursuant to the provisions of Section 17-25-322.
Section 16-13-520. In a criminal proceeding brought pursuant to this article, the crime is considered to have been committed in a county in which a part of the financial identity fraud took place, regardless of whether the defendant was ever actually in that county.
Section 16-13-530. Nothing in this article may be construed to apply to:
(1) the lawful acquisition and use of credit or other information in the course of a bona fide consumer or commercial transaction or in connection with an account by any financial institution or entity defined in or required to comply with the Federal Fair Credit Reporting Act, 15 U.S.C.A. Section 1681, or the Federal Gramm-Leach-Bliley Financial Modernization Act, 113 Stat. 1338;
(2) the lawful, good faith exercise of a security interest or a right to offset exercised by a creditor, agency, or financial institution; or
(3) the lawful, good faith compliance by a party when required by a warrant, levy, attachment, court order, or other judicial or administrative order, decree, or directive."
SECTION 2. (1) Sections 16-13-10 through 16-13-490 of the 1976 Code are designated as Article 1, Chapter 13 of Title 16 of the 1976 Code.
(2) Article 1 of Chapter 13 of Title 16 of the 1976 Code is amended by adding:
SECTION 3. (A) A joint legislative study committee is created to study personal information privacy issues, to examine the relationship of information technology and privacy issues, and to seek to establish an appropriate balance which promotes the use of information for legitimate business purposes, including biometric technology for use in preventing identity theft and fraud, while safeguarding the personal privacy rights of the citizens of South Carolina.
(B) The joint legislative study committee shall be composed of nineteen members to include:
(1) three members of the House of Representatives to be appointed by the Chairman of the House Judiciary Committee;
(2) three members of the Senate to be appointed by the Chairman of the Senate Judiciary Committee;
(3) two members of the media, one to be appointed by the Chairman of the House Judiciary Committee and one to be appointed by the Chairman of the Senate Judiciary Committee;
(4) one member of the South Carolina Merchants Association to be jointly appointed by the Chairmen of the House and Senate Judiciary committees;
(5) a representative of the National Organization Mandating Equitable Databases or if that organization chooses not to participate, a representative of a similar personal privacy protection advocacy group to be jointly appointed by the Chairmen of the House and Senate Judiciary committees;
(6) two consumer victims of identity fraud, one to be appointed by the Chairman of the House Judiciary Committee and one to be appointed by the Chairman of the Senate Judiciary Committee;
(7) three members of the financial services industry, one to be appointed by the Chairman of the Senate Judiciary Committee, one to be appointed by the Chairman of the House Judiciary Committee and one to be jointly appointed by both Chairmen;
(8) two representatives of consumer protection organizations to be jointly appointed by both Chairmen; and
(9) two members of the information technology industry, one to be appointed by the Chairman of the Senate Judiciary Committee and one to be appointed by the Chairman of the House Judiciary Committee.
(C) The study committee must submit its report to the General Assembly no later than October 15, 2000, at which time the committee is dissolved.
(D) The study committee shall be staffed by personnel as provided and assigned by the Chairman of the House Judiciary Committee from the House staff and by the Chairman of the Senate Judiciary Committee from the Senate staff."
SECTION 4. This act takes effect upon approval by the Governor and applies to all offenses committed on or after that date. /
Amend title to conform.
/s/ Sen. James Edward Bryan, Jr. /s/Rep. Gary Simrill
/s/ Sen. Maggie Wallace Glover /s/Rep. William Douglas Smith
/s/ Sen. Chauncey K. Gregory /s/Rep.Fletcher Nathanial Smith
On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
H. 3782 (Word version) -- Reps. Campsen, Barfield, Barrett, Beck, Bowers, Cato, Cotty, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harrell, Harris, Harrison, Haskins, Klauber, Koon, Leach, Limehouse, Littlejohn, Loftis, Lourie, Lucas, Maddox, M. McLeod, W. McLeod, Meacham-Richardson, Miller, J.H. Neal, Quinn, Rice, Robinson, Sandifer, Sheheen, Simrill, D. Smith, J. Smith, Stille, Stuart, Taylor, Vaughn, Whatley, Whipper and Woodrum: A BILL TO ENACT THE "SOUTH CAROLINA CONSERVATION INCENTIVES ACT" AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3515 SO AS TO ALLOW AN INCOME TAX CREDIT EQUAL TO TWENTY-FIVE PERCENT OF THE VALUE OF A FEDERAL INCOME TAX CHARITABLE DEDUCTION FOR A GIFT OF LAND FOR CONSERVATION OR FOR A QUALIFIED CONSERVATION CONTRIBUTION OF A QUALIFIED REAL PROPERTY INTEREST LOCATED IN THIS STATE WHEN DONATED AFTER JUNE 30, 2000, TO PROVIDE A CAP ON THIS CREDIT, TO DEFINE THE LANDS OVER WHICH THESE EASEMENTS APPLY WHICH ARE ELIGIBLE FOR THESE
On motion of Senator LEVENTIS with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator LEVENTIS spoke on the Report.
On motion of Senator LEVENTIS, with unanimous consent, Free Conference Powers were granted.
Whereupon, the PRESIDENT Pro Tempore appointed Senators McCONNELL, LEVENTIS and PASSAILAIGUE to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
Senator LEVENTIS asked that the Report of the Committee of Conference to H. 3782 be adopted as follows:
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3782 (Word version) -- Reps. Campsen, Barfield, Barrett, Beck, Bowers, Cato, Cotty, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harrell, Harris, Harrison, Haskins, Klauber, Koon, Leach, Limehouse, Littlejohn, Loftis, Lourie, Lucas, Maddox, M. McLeod, W. McLeod, Meacham-Richardson, Miller, J.H. Neal, Quinn, Rice, Robinson, Sandifer, Sheheen, Simrill, D. Smith, J. Smith, Stille, Stuart, Taylor, Vaughn, Whatley, Whipper and Woodrum: A BILL TO ENACT THE "SOUTH CAROLINA CONSERVATION INCENTIVES ACT" AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3515 SO AS TO ALLOW AN INCOME TAX CREDIT EQUAL TO TWENTY-FIVE PERCENT OF THE VALUE OF A FEDERAL INCOME TAX CHARITABLE DEDUCTION FOR A GIFT OF LAND FOR CONSERVATION OR FOR A QUALIFIED CONSERVATION CONTRIBUTION OF A QUALIFIED REAL PROPERTY INTEREST LOCATED IN THIS STATE WHEN DONATED AFTER JUNE 30, 2000, TO PROVIDE A CAP ON THIS CREDIT, TO DEFINE THE LANDS OVER WHICH THESE EASEMENTS APPLY WHICH ARE ELIGIBLE FOR THESE CREDITS, TO PROVIDE A CARRY FORWARD OF UNUSED CREDIT AND MAKE THE UNUSED CREDIT TRANSFERABLE UPON NOTICE TO THE DEPARTMENT OF REVENUE WITH THE CREDIT RETAINING ALL ITS ATTRIBUTES IN THE HANDS OF THE TRANSFEREE, AND TO PROVIDE DEFINITIONS; AND BY ADDING ARTICLE 11 IN CHAPTER 3 OF TITLE 50, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO ESTABLISH THE CONSERVATION GRANT FUND IN THE STATE TREASURY, TO PROVIDE FOR THE PURPOSE, GOVERNANCE, AND SOURCE OF FUNDS FOR THIS FUND, INCLUDING THE PROMOTION OF DONATIONS OF LANDS AND CONSERVATION EASEMENTS AND AUTHORIZING THE FUND TO MAKE GRANTS IN FURTHERANCE OF THIS PURPOSE, NOT INCLUDING GRANTS TO PURCHASE ANY INTEREST IN REAL PROPERTY; AND TO
That the same do pass with the following amendments: (Reference is to Printer's Version 4/12/00--H.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. A. This section may be cited as the `South Carolina Conservation Incentives Act'.
B. The General Assembly finds that South Carolina, from the mountains to the sea, is blessed with some of the most beautiful and pristine natural areas in North America. These diverse and ecologically significant areas warrant creative conservation initiatives if they are to be preserved for the enjoyment and benefit of future generations, and if traditional uses of undeveloped land such as wildlife habitat management, farming, hunting, fishing, and forestry are to be preserved. Absent such initiatives, there is danger that these natural areas and their traditional uses will be lost forever to the pressures of development and urbanization.
The General Assembly further finds that paying deference to property rights while conserving these natural areas is a laudable goal, and that traditional land use planning and regulatory techniques have limited effectiveness in preserving large tracts of undeveloped land. By enacting the "South Carolina Conservation Incentives Act", it is the intent of the General Assembly to provide an income tax credit incentive for landowners to voluntarily convey lands or conservation easements to qualified conservation organizations. Such an incentive for the voluntary conveyance of lands or conservation easements will protect and preserve natural areas and their traditional uses while paying appropriate deference to property rights, expending no state
"Section 12-6-3515. (A) A taxpayer who has qualified for and claimed on the taxpayer's federal income tax return a charitable deduction for a gift of land for conservation or for a qualified conservation contribution donated after May 31, 2001, on a qualified real property interest located in this State may elect to claim a credit against a tax imposed by this chapter for the applicable tax year in an amount equal to twenty-five percent of the total amount of the deduction attributable to the gift of land for conservation or to the qualified real property interest located in this State; provided, however, that the credit is subject to the caps provided in subsection (C). If the amount of the credit exceeds the taxpayer's tax liability under this chapter for the taxable year, or if it exceeds the maximum credit that may be used in any particular taxable year as provided in subsection (C)(2), the excess credit may be carried forward to succeeding taxable years until all the credit is claimed. In addition to the carry forward of unused credit, unused credit may be transferred, devised, or distributed, with or without consideration, by an individual, partnership, limited liability company, corporation, trust, or estate. To be effectual, such a transfer, devise, or distribution requires written notification to and approval by the department with the unused credit maintaining all its original attributes in the hands of the recipient. With regard to the sale or exchange of a credit allowed under this section, general income tax principles apply for purposes of the state income tax. In the hands of the original donor of a qualified conservation contribution of a qualified real property interest, or of a gift of land for conservation, and of any subsequent transferee, devisee, or distributee, the credit allowed by this section that may be used to offset state income tax liability in any one taxable year is limited to an amount that, when combined with all other state income tax credits of the taxpayer, does not exceed the taxpayer's total state income tax liability for the taxable year. The fair market value of qualified donations made pursuant to this section must be substantiated by a 'qualified appraisal' prepared by a 'qualified appraiser' as those terms are defined under applicable federal law and regulations applicable to charitable contributions.
(B) (1) For purposes of this section:
(a) 'Qualified conservation contribution' and a 'qualified real property interest' are defined as provided in Internal Revenue Code Section 170(h);
(b) 'Gift of land for conservation' means a charitable contribution of fee simple title to real property conveyed for conservation purposes as defined in Internal Revenue Code Section 170(h)(4)(A) to a qualified conservation organization as described in Internal Revenue Code Section 170(h)(3).
(2) Notwithstanding the provisions of Internal Revenue Code Section 170(h) and applicable regulations pertaining to forestry and silvaculture practices, a taxpayer is not disqualified for the tax credit allowed in this section because of silvacultural and forestry practices permitted by or undertaken pursuant to a conservation contribution on a real property interest if:
(a) the forestry and silvacultural practices permitted by or undertaken pursuant to the conservation contribution conform to Best Management Practices established by the South Carolina Forestry Commission existing either at the time the conservation contribution is made, or at the time a particular forestry or silvacultural practice is undertaken;
(b) the conservation contribution on a real property interest in all other respects conforms to the requirements of Internal Revenue Code Section 170(h) and applicable regulations for a 'qualified conservation contribution' of a 'qualified real property interest'; and
(c) the taxpayer provides the Department of Revenue with the information the department considers necessary to determine that the taxpayer would otherwise be eligible for the deduction allowed under Section 170(h).
The amount of the credit allowable under this item is equal to twenty-five percent of the deduction that would otherwise be allowable under Section 170(h) but for the silvacultural and forestry activities performed on the real property interest, subject to the same conditions and limitations as the credit allowed by this section.
(C) (1) The credit provided for in this section may not exceed two hundred fifty dollars per acre of property to which the qualified conservation contribution or gift of land for conservation applies. For the purpose of calculating the per acre tax credit cap of this subsection, all upland and wetland acreage subject to the qualified conservation contribution shall be taken into account, except for property lying within the intertidal zone. All other wetland acreage subject to the qualified conservation contribution including, but not limited to, ponds,
(2) Regardless of the amount of the credit allowed by this section, the total credit a taxpayer may use under this section for any particular taxable year may not exceed fifty-two thousand five hundred dollars.
(3) For purposes of applying the per acre limitation and per taxpayer limitation on the credit allowed by this section, the attribution rules of Section 267 of the Internal Revenue Code apply.
(D) The South Carolina Department of Revenue shall report to the Governor, the House Ways and Means Committee, and Senate Finance Committee the activity generated on taxable year 2001 and 2002 state income tax returns by the credit allowed by this item."
D. Chapter 3, Title 50 of the 1976 Code is amended by adding:
Section 50-3-1110. There is created in the state treasury a fund separate and distinct from the general fund of the State and all other funds styled the 'Conservation Grant Fund'. The income and principal of the fund must be used only to stimulate the use of conservation easements and fee simple gifts of land for conservation to qualified conservation organizations to improve the capacity of private nonprofit land trusts successfully to accomplish conservation projects and to provide an opportunity to leverage private and public monies for conservation easements.
Section 50-3-1120. The board of the Department of Natural Resources serves ex officio as the Conservation Grant Fund Board with full authority over the administration of the fund.
Section 50-3-1130. The Conservation Grant Fund shall consist of any monies appropriated to it by the General Assembly and other monies received from public or private sources.
Section 50-3-1140. In order for real property to be the subject of a grant under this article, the land must qualify for the tax credit allowed pursuant to Section 12-6-3515.
Section 50-3-1150. (A) Revenues in the Conservation Grant Fund may be used by the department only to:
(1) defray the administrative costs of the department in administering the grant purpose provided for by this article;
(2) provide education on conservation easements and fee simple gifts of land for conservation, including information material intended for landowners and education for staff and volunteers; and
(3) make conservation grants.
(B) A grant from the Conservation Grant Fund may be used only to pay for one or more of the following costs:
(1) reimbursement for total or partial transaction costs for donations that otherwise would not be made because of insufficient financial revenues;
(2) management support, including initial baseline inventory and planning;
(3) monitoring compliance with conservation easements;
(4) education on conservation easements and fee simple gifts of land for conservation, including information materials intended for landowners, and education for staff and volunteers.
(C) Fund proceeds may not be used to pay the purchase price of any interest in real property.
Section 50-3-1160. The board shall establish the procedures and criteria for awarding grants under this article. The criteria shall focus grants on those areas, approaches, and techniques that are likely to provide the optimum positive effect on conservation. The board shall make recommendations to the General Assembly on the award of grants. Upon approval by the General Assembly by concurrent resolution, the board shall award the grants and provide public notice of the award."
E. Section 62-3-715 of the 1976 Code, as last amended by Act 521 of 1990, is further amended by adding an item appropriately numbered at the end to read:
"( ) donate a qualified conservation easement or fee simple gift of land for conservation on any real property of the decedent in order to obtain the benefit of the estate tax exclusion allowed under Internal Revenue Code Section 2031(c) as defined in Section 12-6-40(A), and the state income tax credit allowed under Section 12-6-3515, if the personal representative has the written consent of all of the heirs, beneficiaries, and devisees whose interests are affected by the donation. Upon petition of the personal representative, the probate court may consent on behalf of any unborn, unascertained, or incapacitated heirs, beneficiaries, or devisees whose interests are affected by the donation after determining that the donation of the qualified real property interest shall not adversely affect them or would most likely be agreed to by them if they were before the court and capable of consenting. A guardian ad litem must be appointed to represent the interest of any unborn, unascertained, or incapacitated persons. Similarly, and for the
"For purposes of the sale of an 'audiovisual master' as defined in Section 12-36-2120(55), sales price is the total amount for which the audiovisual master is sold, including charges for any services that go into its fabrication, manufacture, or delivery that are a part of the sale valued in money whether paid in money, or otherwise, and includes any amount for which credit is given to the purchaser by the seller without any deduction from it on account of the cost of the property sold, the cost of materials used, labor or service costs, interest charged, losses or any other expenses whatsoever."
B. Section 12-36-2120 of the 1976 Code, as last amended by Act 419 of 1998, is further amended by adding at the end:
"(55) audiovisual masters made or used by a production company in making visual and audio images for first generation reproduction. For purposes of this item:
(a) 'Audiovisual master' means an audio or video film, tape, or disk, or another audio or video storage device from which all other copies are made.
(b) 'Production company' means a person or entity engaged in the business of making motion picture, television, or radio images for theatrical, commercial, advertising, or education purposes."
C. This section takes effect on the first day of the first month following the month in which this act is approved by the Governor. Notwithstanding any other provision of law, taxes, penalties, and interest otherwise due on underpayments of sales and use tax arising from the sale or use of audiovisual masters, as defined in Section 12-36-2120(55) as added by this section, before the effective date of this section are waived. No refund is due any taxpayer of sales and use tax on account of the sales and use tax exemption established by this section.
SECTION 3. A. The General Assembly finds that notwithstanding previous attempts by the General Assembly to simplify fee-in-lieu, one of South Carolina's most important tax incentives, the current system is cumbersome, complex, and continues to inhibit use of popular financing techniques by South Carolina taxpayers which are widely used in other states. The General Assembly further finds that the purpose of this legislation is to simplify the fee program by making it
"Section 4-12-10. As used in this chapter:
(1) 'Department' means the South Carolina Department of Revenue.
(2) 'Project' means any land and any buildings and other improvements on the land including, without limiting the generality of the foregoing, water, sewage treatment and disposal facilities, air pollution control facilities, and all other machinery, apparatus, equipment, office facilities, and furnishings which are considered necessary, suitable, or useful by a sponsor.
(3) 'Sponsor' means one or more entities which sign the fee agreement with the county and also includes a sponsor affiliate unless the context clearly indicates otherwise.
(4) 'Sponsor affiliate' means an entity that joins with or is an affiliate of a sponsor and that participates in the investment in, or financing of, a project.
(5) 'Title to the property' as provided in Section 4-12-30 includes either record title or a leasehold or other interest including, without limitation, a sponsor or sponsor affiliate's interest in a nordic, synthetic, defeased tax benefit, or transfer lease."
C. Section 4-12-30 of the 1976 Code, as last amended by Act 114 of 1999, is further amended to read:
"Section 4-12-30. (A) Notwithstanding the provisions of Section 4-12-20, in the case of an agreement in the form of one or more lease agreements for a project qualifying under subsection (B), the county and the investor sponsor may enter into an inducement agreement which provides for a payment in lieu of taxes, as provided in this section. All references in this section to a lease agreement also are considered to refer to a lease purchase agreement.
(B) In order for property to qualify for the fee, as provided in subsection (D)(2):
(1) Title to the property must be held by the county or in the case of a project located in an industrial development park, as defined in Section 4-1-170, title may be held by more than one county, if each county is a member of the industrial development park. Any real property transferred to the county must include a legal description and plat of the property.
(2) The investment must be a project which is located in a single county or an industrial development park, as defined in Section 4-1-170. A project located on a contiguous tract of land in more than one county, but not in such an industrial development park, may qualify for the fee if:
(a) the counties agree on the terms of the fee and the distribution of the fee payment;
(b) the minimum millage rate is not lower than the millage rate applicable to the county in which the greatest amount of investment occurs; and
(c) all the counties are parties to all agreements establishing the terms of the fee.
(3) The minimum level of investment must be at least five million dollars and must be invested within the time period provided in subsection (C)(2). If a county has an average annual unemployment rate of at least twice the state average during each of the last two calendar years, the minimum level of investment is one million dollars.
(4)(a) Except as provided in subsections (B)(4)(b) and (D)(4)(a), the investment must be made by a single entity. For purposes of this section:
(i) any partnership or other association which properly files its South Carolina income tax returns as a partnership for South Carolina income tax purposes must be treated as a single entity and as a partnership,
(ii) any corporation or other association which properly files its South Carolina income tax returns as a corporation for South Carolina tax purposes must be treated as a single entity and as a corporation, and
(iii) any limited liability companies must be treated as a single entity.
(b)(i) The members of the same controlled group of corporations A sponsor and a sponsor affiliate can qualify for the fee if the combined investment in the county by the members project meets
(ii)(b) The department must be notified in writing of all members affiliates which have investments subject to the fee before or within ninety days after the end of the calendar year during which the project or phase of the project was first placed in service. The department may extend this period upon written request. Failure to meet this notice requirement does not adversely affect the fee, but a penalty may be assessed by the department for late notification in the amount of ten thousand dollars a month or portion of a month but not to exceed fifty thousand dollars. Members of the controlled group shall provide the information considered necessary by the department to ensure that the investors are part of a controlled group.
(iii) If at any time the controlled group, or any former member which has left the controlled group no longer has the minimum five million dollars of investment, without regard to depreciation, that group or former member no longer holding the minimum amount of investment as provided in subsection (B)(3), without regard to depreciation, no longer qualifies for the fee.
(iv) for purposes of this section, "controlled group" or "controlled group of corporations" has the meaning provided under Section 1563(a) of the Internal Revenue Code as defined in Chapter 6 of Title 12 as of the date of the execution of the inducement agreement without regard to amendments or replacements thereof, and without regard to subsections (a)(4) and (b) of Section 1563.
(5)(a) Before undertaking a project, the county council or county councils shall find:
(i) that the project is anticipated to benefit the general public welfare of the locality by providing services, employment, recreation, or other public benefits not otherwise provided locally;
(ii) that the project gives rise to no pecuniary liability of the county or incorporated municipality or a charge against its general credit or taxing power; and
(iii) unless the terms of an agreement with respect to a project provides provide that the industry shall maintain the project and carry all proper insurance with respect thereto,; the estimated cost of maintaining the project in good repair and keeping it properly insured must be included in the lease payment.
The determinations and findings of the county council or county councils required to be made above must be set forth in the proceedings under which the ordinance is enacted.
(b) In addition to the findings required in subsection (B)(5)(a) above, the county council or county councils, with assistance and advice, from the department or the Board of Economic Advisors shall determine that the purposes to be accomplished by the project are proper governmental and public purposes and that the inducement of the location or expansion of the projects within the State is of paramount importance and that the benefits of the project are greater than the cost.
(6) Every financing agreement with respect to a project shall contain an agreement obligating the industry to effect the completion of the project, and obligating the industry to pay an amount under the terms of a lease agreement, which must be sufficient to build up and maintain any reserve considered by the county council or county councils to be advisable in connection with the agreement.
(C)(1) From the end of the property tax year in which the investor sponsor and the county execute an inducement agreement, the investor sponsor has five years in which to enter into an initial lease agreement with the county.
(2) From the end of the property tax year in which the investor sponsor and the county execute the initial lease agreement, the investor sponsor has five years in which to complete its investment for purposes of qualifying for this section. If the investor sponsor does not anticipate completing the project within five years, the investor sponsor may apply to the county before the end of the five-year period for an extension of time to complete the project. If the county agrees to grant the extension, the county must do so in writing and a copy must be delivered to the department within thirty days of the date the extension
For purposes of those businesses qualifying under subsection (D)(4), the five-year period referred to in this subsection is eight years and the seven-year period is ten years.
(3) The annual fee provided by subsection (D)(2) is available for no more than twenty years. For projects which are completed and placed in service during more than one year, each year's investment may be subject to the fee in subsection (D)(2) for twenty years to a maximum total of twenty-seven years for the fee for a single project which has been granted an extension. For those businesses qualifying under subsection (D)(4), the annual fee is available for no more than thirty years and for those projects placed in service in more than one year the annual fee is available for a maximum of thirty-seven years.
(4) Annually, during the time period allowed to meet the minimum investment level, the investor sponsor shall provide the total amount invested to the appropriate county official.
(D) The inducement agreement must provide for fee payments, to the extent applicable, as follows:
(1)(a) Any property, title to which is transferred to the county before being placed in service, is subject to an annual fee payment, as provided in Section 4-12-20.
(b) Any undeveloped land, title to which is transferred to the county, before being developed and placed in service, is subject to an annual fee payment as provided in Section 4-12-20. The time during which fee payments are made under Section 4-12-20 is not considered part of the maximum periods provided in subsections (C)(2) and (C)(3), and no lease is considered an 'initial lease agreement' for purposes of
(2) After property qualifying under subsection (B) is placed in service, an annual fee payment determined in accordance with one of the following is due:
(a) an annual payment in an amount not less than the property taxes that would be due on the project if it were taxable, but using an assessment ratio of not less than six percent, except as provided in item (4) of this subsection, and a fixed millage rate as provided in subsection (G), and a fair market value estimate determined by the department as follows:
(i) for real property, using the original income tax basis for South Carolina income tax purposes without regard to depreciation, but if real property is constructed for the fee or is purchased in an arm's length transaction, fair market value is deemed to equal the original income tax basis; otherwise, the department shall determine fair market value by appraisal; and
(ii) for personal property, using the original tax basis for South Carolina income tax purposes less depreciation allowable for property tax purposes, except that the investor sponsor is not entitled to any extraordinary obsolescence.
(b) an annual payment as provided in subsection (D)(2)(a), except that every fifth year the applicable millage rate is allowed to increase or decrease in step with the average actual millage rate applicable in the district where the project is located based on the preceding five-year period.
(3) At the conclusion of the payments determined pursuant to items (1) and (2) of this subsection, an annual payment equal to the taxes due on the project as if it were taxable. When the property is no longer subject to the fee under subsection (D)(2), the fee or property taxes must be assessed:
(a) with respect to real property, based on the fair market value as of the latest reassessment date for similar taxable property; and
(b) with respect to personal property, based on the then depreciated value applicable to such property under the fee, and thereafter continuing with the South Carolina property tax depreciation schedule.
(4)(a) The assessment ratio may not be lower than four percent:
(i) in the case of a business which is investing at least two hundred million dollars, which, when added to the previous investments, results in a total investment of at least four hundred
(ii) in the case of a business which is investing at least four hundred million dollars and which is creating at least two hundred new full-time jobs at a site qualifying for the fee; or
(iii) in the case of investments totaling at least four hundred million dollars, in a county classified as either least developed or underdeveloped, by a limited liability company and/or one or more of the members or equity holders where a member or equity holder is creating, at a site qualifying for the fee, at least one hundred new full-time jobs with an average annual salary of at least forty thousand dollars within four years of the date of execution of the millage rate agreement.
(b) The new full-time jobs requirement of this item does not apply in the case of a taxpayer which for more than the twenty-five years ending on the date of the agreement paid more than fifty percent of all property taxes actually collected in the county.
(c) In an instance in which the governing body of a county has by contractual agreement provided for a change in fee-in-lieu of taxes arrangements conditioned on a future legislative enactment, any new enactment shall not bind the original parties to the agreement unless the change is ratified by the governing body of the county.
(5) Notwithstanding the use of the term 'assessment ratio', a business qualifying under items (2) or (4) of this subsection may negotiate an inducement agreement with a county using differing assessment ratios for different assessment years covered by the agreement. However, the lowest assessment ratio allowed is the lowest ratio for which the business may qualify under this section.
(E) Calculations pursuant to subsection (D)(2) must be made on the basis that the property, if taxable, is allowed all applicable property tax exemptions except the exemption allowed under Section 3(g) of Article X of the Constitution of this State and the exemption allowed pursuant to Section 12-37-220(B)(32) and (34).
(F) With regard to calculation of the fee provided in subsection (D)(2), the inducement agreement may provide for the disposal of property and the replacement of property subject to the fee as follows:
(1)(a) If an investor a sponsor disposes of property subject to the fee, the fee must be reduced by the amount of the fee applicable to that property.
(b) Property is disposed of only when it is scrapped or sold in accordance with the lease agreement.
(c) If there is no provision in the agreement dealing with the disposal of property in accordance with this subsection, the fee remains fixed and no adjustment to the fee is allowed for disposed property.
(2) Any property which is placed in service as a replacement for property which is subject to the fee payment may become part of the fee payment, as provided in this item:
(a) Replacement property does not have to serve the same function as the property it is replacing. Replacement property is deemed to replace the oldest property subject to the fee, whether real or personal, which is disposed of in the same property tax year as the replacement property is placed in service. Replacement property qualifies for fee treatment provided in subsection (D)(2) only up to the original income tax basis of fee property it is replacing. More than one piece of replacement property can replace a single piece of fee property. To the extent that the income tax basis of the replacement property exceeds the original income tax basis of the property which it is replacing, the excess amount is subject to payments, as provided in Section 4-12-20. Replacement property is entitled to the fee payment for the period of time remaining on the fee period for the property which it is replacing.
(b) The new replacement property which qualifies for the fee provided in subsection (D)(2) is recorded using its income tax basis and the fee is calculated using the millage rate and assessment ratio provided for the original fee property. The fee payment for replacement property must be based on subsection (D)(2)(a) or (D)(2)(b), if the investor sponsor originally used this method.
(c) In order to qualify as replacement property, title to the replacement property must be held by the county.
(d) If there is no provision in the inducement agreement dealing with replacement property, any property placed in service after the time period allowed for investments, as provided by subsection (C)(2), is subject to the payments required by Section 4-12-20 if the county has title to the property, or to property taxes, as provided in Chapter 37 of Title 12, if the investor sponsor has title to the property.
(G)(1) The county and the investor sponsor may enter into an agreement to establish the millage rate, a millage rate agreement, for purposes of calculating payments under subsection (D)(2)(a), and the first five years under subsection (D)(2)(b). This millage rate agreement must be executed on the date of the inducement agreement or any time thereafter up to and including the date of the initial lease agreement. This millage rate agreement may be a separate agreement or may be
(2) The millage rate cannot be lower than the cumulative property tax millage rate legally levied by or on behalf of all taxing entities within which the subject property is to be located which is the cumulative rate applicable on the thirtieth day of June preceding the calendar year in which the millage rate agreement is executed. If no millage rate agreement is executed before the date of the initial lease agreement, the millage rate is deemed to be the cumulative property tax millage rate applicable on the thirtieth day of June preceding the calendar year in which the initial lease agreement is executed by the parties.
(3) For purposes of determining the cumulative property tax millage rate under subsection (G)(2), the millage rate assessed by a municipality must not be included in the computation even if the subject property was located in the jurisdiction of the taxing entity as of June 30 preceding the calendar year in which the millage rate agreement is executed, if, pursuant to agreement on the part of the taxing entity at the time of execution of the millage rate agreement, the taxing entity de-annexes the subject property before execution of the initial lease.
(H)(1) Upon agreement of the parties, and except as provided in item (2) of this subsection, an inducement agreement, a millage rate agreement, or both, may be amended or terminated and replaced with regard to all matters including, but not limited to, the addition or removal of controlled group members sponsors or sponsor affiliates.
(2) No amendment or replacement of an inducement agreement or millage rate agreement may be used to change the millage rate, assessment ratio, or length of the agreement under any such agreement. However, existing inducement agreements which have not yet been implemented by the execution and delivery of a millage rate agreement or a lease purchase agreement, may be amended up to the date of execution and delivery of a millage rate agreement or a lease purchase agreement in the discretion of the governing body.
(I) Investment expenditures incurred by any investor sponsor in connection with a project, or relevant phase of a project in connection with a project completed and placed in service in more than one year, qualify as expenditures subject to the fee in subsection (D)(2), so long as those expenditures are incurred:
(1) after, or within sixty days before, the county takes action reflecting or identifying the project or proposed project or investment
(2) before the end of the applicable five-year or seven-year period referenced in subsection (C)(2) and (C)(3). An inducement agreement must be executed within two years after the date on which the county takes action reflecting or identifying the project or proposed project or investment including, but not limited to, the adoption of an inducement or similar resolution by county council; otherwise, only investment expenditures made or incurred by any investor sponsor after the date of the inducement agreement in connection with a project qualifies as expenditures subject to the fee in subsection (D)(2).
(J)(1) Property which has been previously subject to property taxes in South Carolina does not qualify for the fee except as provided in this subsection:
(a) land, excluding improvements on the land, on which a new project is to be located may qualify for the fee even if it has previously been subject to South Carolina property taxes;
(b) property which has been subject to South Carolina property taxes, but which has never been placed in service in South Carolina, may qualify for the fee.
(2) Repairs, alterations, or modifications to real or personal property which are not subject to a fee are not eligible for a fee, even if they are capitalized expenditures, except for modifications to existing real property improvements which constitute an expansion of the improvements.
(3) Project investment expenditures which are incurred within the applicable time period provided in subsection (I) by an entity whose investments are not being computed in the level of investment for purposes of subsection (B) or (C) qualify as investment expenditures subject to the fee in subsection (D)(2) where:
(a) the expenditures are part of the original cost of the property which is transferred, within the applicable time period provided in subsection (I), to one or more other entities which are members of the same controlled group as the transferor entity sponsors or sponsor affiliates and whose investments are being computed in the level of investment for purposes of subsection (B) or (C); and
(b) the property would have qualified for the fee in subsection (D)(2) if it had been initially acquired by the transferee entity rather than the transferor entity.
(4) The income tax basis of the property immediately before the transfer must equal the income tax basis of the property immediately
(5) The county shall agree to any inclusion in the fee of the property described in subsection (J)(1).
(K)(1) For a project not located in an industrial development park, as defined in Section 4-1-170, distribution of the fee-in-lieu of taxes on the project must be made in the same manner and proportion that the millage levied for school and other purposes would be distributed if the property were taxable. For this purpose, the relative proportions must be calculated based on the following procedure: holding constant the millage rate set in subsection (G) and using all tax abatements automatically granted for taxable property, a full schedule of the property taxes that would otherwise have been distributed to each millage levying entity in the county must be prepared for the life of the agreement, up to twenty years maximum. The property taxes which would have been paid on the property if it was were owned by the investor sponsor to each millage levying entity as a percentage of the total of such property taxes for all such entities determines each entity's relative shares of each year's fee payment for all subsequent years of the agreement.
(2) For a project located in an industrial development park, as defined in Section 4-1-170, distribution of the fee-in-lieu of taxes on the project must be made in the manner provided for by the agreement establishing the industrial development park.
(3) A county or municipality or special purpose district that receives and retains revenues from a payment in lieu of taxes may use a portion of this revenue for the purposes outlined in Section 4-29-68 without the requirement of issuing special source revenue bonds or the requirements of Section 4-29-68(A)(4).
(L) Projects on which a fee-in-lieu of taxes is paid pursuant to this section are considered taxable property at the level of the negotiated payments for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State, and for purposes of computing the index of taxpaying ability pursuant to Section 59-20-20(3). However, for a project located in an industrial development park, as defined in Section 4-1-170, projects are considered taxable property in the manner provided in Section 4-1-170 for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State, and for purposes of
(M)(1) Any interest in an inducement agreement, millage rate agreement, lease agreement, and property to which the agreement relates may be transferred to any other entity at any time. Notwithstanding any other provision of this chapter, any equity interest in any entity with an interest in any inducement agreement, millage rate agreement, or lease agreement may be transferred to any other entity or person at any time.
(2) A single entity, or two or more entities which are members of a controlled group, sponsor may enter into any lending, financing, security, lease, or similar arrangement, or succession of such arrangements, with any financing entity, concerning all or part of a project and may enter into including, without limitation, any sale-leaseback arrangement including, without limitation, equipment lease, build-to-suit lease, synthetic lease, nordic lease, defeased tax benefit, or transfer lease, an assignment, a sublease, or similar arrangement, or succession of such arrangements, with one or more financing entities, concerning all or part of a project, regardless of the identity of the income tax owner of the property which is subject to the fee payment under subsection (D)(2). Even though income tax basis is changed for income tax purposes, neither the original transfer to the financing entity nor the later transfer from the financing entity back to the original transferor or members of its controlled group, pursuant to terms in the sale-leaseback agreement, shall affect the amount of the fee due.
(3) All transfers undertaken with respect to other projects to effect a financing authorized under subsection (M) must meet the following requirements:
(a) The Department of Revenue must receive notification in writing within sixty days after the transfer of the identity of each transferee and other information required by the department with the appropriate returns. Failure to meet this notice requirement shall not adversely affect the fee, but a penalty may be assessed by the department for late notification for up to ten thousand dollars a year or portion of a year up to a maximum penalty of fifty thousand dollars.
(b) If the sponsor affiliate or other financing entity is the income tax owner of property, either the financing entity is primarily liable for the fee as to that portion of the project to which the transfer relates with the original transferor remaining secondarily liable for the
(4) Before an investor a sponsor may transfer an inducement agreement, millage rate agreement, lease agreement, or the assets subject to the lease agreement, it shall obtain the approval of the county with whom it entered into the original inducement agreement, millage rate agreement, or lease agreement. However, no such approval is required in connection with transfers to sponsor affiliates or other financing-related transfers.
(N) Reserved.
(O) Notwithstanding any other provision of this section, if at any time following the period provided in subsection (C)(2), the investment based on income tax basis without regard to depreciation falls below the five-million-dollar-minimum investment to which the fee relates, the fee provided in subsection (D)(2) is no longer available and the investor sponsor is required to make the payments which are due under Section 4-12-20 for the remainder of the lease period.
(P) The minimum amount of investment provided in subsection (B)(3) of this section may not be reduced except by a special vote which, for purposes of this section, means an affirmative vote in each branch of the General Assembly by two-thirds of the members present and voting, but not less than three-fifths of the total membership in each branch.
(Q)(1) The investor sponsor shall file the returns, contracts, and other information which may be required by the department.
(2) Fee payments and returns showing investments are due at the same time as property tax payments and property tax returns would be due if the property were owned by the party obligated to make the fee payments and file the returns.
(3) Failure to make a timely fee payment and file required returns shall result in penalties being assessed as if the payment or return were a property tax payment or return.
(4) The department may issue the rulings and promulgate regulations it determines necessary or appropriate to carry out the purpose of this section.
(5) The provisions of Chapters 4 and 54 of Title 12 applicable to property taxes shall apply to this section; and, for purposes of such application, the fee is considered a property tax. Sections 12-54-80 and 12-54-155 do not apply to this section.
(6) If the entity subject to the fee fails to make the fee lease payments as provided by the agreements between the entity and the county, upon ninety days' notice, the county may terminate the fee and lease agreement and sell the property to which the county has title free from any claim by the entity.
(7) Within thirty days of the date of execution of an inducement or lease agreement, a copy of the agreement must be filed with the Department of Revenue and the county auditors and the county assessors for the county or counties in which the project is located. If the project is located in a multicounty park, the agreements must be filed with the auditors and assessors for all counties participating in the multicounty park.
(R) All references in this section to taxes must be considered to mean South Carolina taxes unless otherwise expressly stated."
D. Items (3), (16), and (18) of Section 12-44-30 of the 1976 Code, as added by Act 149 of 1997, are amended to read:
"(3) Reserved 'Controlled group' or 'controlled group of corporations' means the definition provided under Section 1563(a) of the Internal Revenue Code, as defined in Chapter 6, Title 12, as of the date of the execution of the fee agreement, without regard to amendments or replacements, and without regard to subsections (a)(4) and (b) of Section 1563.
(16) 'Project' means land and buildings and other improvements on the land, including water, sewage treatment and disposal facilities, air pollution control facilities, and all other machinery, apparatus, equipment, office facilities, and furnishings which are necessary, suitable, or useful by a sponsor.
(18) 'Sponsor' means a single entity one or more entities as defined in Section 12-6-3360(m)(1) which signs sign the fee agreement with the county, subject to the provisions of Section 12-44-40."
E. Section 12-44-40(L)(1) of the 1976 Code, as added by Act 149 of 1997, is amended to read:
"(1) Upon agreement of the parties, and except as provided in item (2), a fee agreement may be amended or terminated and replaced with regard to all matters, including the addition or removal of controlled group members sponsors or sponsor affiliates."
F. Section 12-44-120 of the 1976 Code, as added by Act 149 of 1997, is amended to read:
"Section 12-44-120. (A) An interest in a fee agreement and the economic development property to which the fee agreement relates may be transferred to another entity at any time. Notwithstanding
(B) A single entity, or two or more entities which are members of a controlled group, sponsor may enter into lending, financing, security, leasing, or similar arrangements, or succession of such arrangements, with a sponsor affiliate or other financing entity concerning all or part of a project and may enter into including, without limitation, a sale-leaseback arrangement, equipment lease, build-to-suit lease, synthetic lease, nordic lease, defeased tax benefit, or transfer lease including, without limitation, an assignment, sublease, or similar arrangement, or succession of such arrangements, with one or more financing entities concerning all or part of a project, regardless of the identity of the income tax owner of economic development property. Even though income tax basis is changed for income tax purposes, neither the original transfer to the financing entity nor the later transfer from the financing entity back to the original transferor or members of its controlled group, pursuant to terms in the sale-leaseback agreement, affects the amount of the payments due under Section 12-44-50.
(C) All transfers undertaken with respect to other projects to effect a financing authorized under this subsection must meet the following requirements:
(1) The department and the county must receive notification, in writing within sixty days after the transfer, of the identity of each transferee and other information required by the department with the appropriate returns. Failure to meet this notice requirement does not adversely affect the exemption, but a penalty may be assessed by the department for late notification for up to ten thousand dollars a year or portion of a year, up to a maximum penalty of fifty thousand dollars.
(2) If the sponsor affiliate or other financing entity is the income tax owner of property, either the financing entity is primarily liable for the payments due under Section 12-44-50 as to that portion of the project to which the transfer relates, with the sponsor remaining secondarily liable for the payment, or the sponsor must agree to continue to be primarily liable for the annual payments as to that portion of the project to which the transfer relates.
(D) Before a sponsor may transfer a fee agreement, or substantially all the economic development property to which the fee agreement relates, it must obtain the approval of the county with which it entered
"Section 12-44-130. (A) To be eligible for the fee, a sponsor affiliate and the sponsor affiliates must invest five million dollars in the project. The county and the members sponsors who are part of the fee agreement may agree that investments by other members of the controlled group sponsors or sponsor affiliates within the investment period qualify for the payment regardless of whether the member sponsor or sponsor affiliate was part of the fee agreement, except that the new sponsor affiliate must invest at least five million dollars in the project. To qualify for the exemption, the other members of the controlled group sponsors or sponsor affiliates must be approved specifically by the county and must agree to be bound by agreements with the county relating to the exemption. These controlled group members sponsors need not be bound by agreements, or portions of agreements, which do not affect the county.
(B) The department and the county must be notified in writing of all members of the controlled group sponsors or sponsor affiliates which have investments subject to the fee exemption before or within thirty sixty days after the execution of the fee agreement covering the investment by the member sponsor or sponsor affiliate. The department may extend the thirty-day sixty-day period upon written request. Failure to meet this notice requirement does not affect adversely the exemption, but a penalty may be assessed by the department for late notification of up to ten thousand dollars a month or portion of a month, with the total penalty not to exceed one hundred twenty thousand dollars. Members of the controlled group shall provide the information considered necessary by the department to ensure that the investors are part of a controlled group."
H. This section takes effect upon approval by the Governor.
SECTION 4. A. Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-223A. (A) As authorized by Section 3, Article X of the South Carolina Constitution, the General Assembly hereby authorizes the governing body of a county by ordinance to exempt an amount of fair market value of real property located in the county sufficient to limit to fifteen percent any valuation increase attributable to a countywide appraisal and equalization program conducted pursuant
(1) real property valued for property tax purposes by the unit valuation method;
(2) value attributable to property or improvements not previously taxed, such as new construction, and for renovation of existing structures;
(3) property transferred after the most recent countywide equalization program implemented pursuant to Section 12-43-217; provided, however, at the option of the governing body of a county which is in the process of first implementing a countywide equalization program under Section 12-43-217, property transferred on or after January 1 of the year of implementation of the most recent countywide equalization program.
(B) Under either option chosen by a county pursuant to subitem (A)(3), the fifteen percent limitation authorized in the subsection (A) shall apply to property transfers that are not subject to income tax pursuant to Sections 102 (Gifts and Inheritances), 351 (Transfer to a Corporation Controlled by Transferor), 355 (Distribution by a Controlled Corporation), 368 (Corporate Reorganizations), 721 (Nonrecognition of Gain or Loss on a Contribution to a Partnership), 1031 (Like-Kind Exchanges), 1033 (Conversions - Fire and Insurance Proceeds to Rebuild), or 1041 (Transfers of Property Between Spouses or Incident to Divorce) of the Internal Revenue Code, as defined in Section 12-6-40; and to distributions of property out of corporations, partnerships, or limited liability companies to persons who initially contributed the property to the corporation, partnership, or limited liability company. The fifteen percent limitation shall also apply to property transfers between immediate family members which means spouse, parents, children, sisters, brothers, grandparents, and grandchildren.
(C) Assessed value exempted from ad valorem taxation by an ordinance enacted pursuant to this section is nevertheless considered taxable property for purposes of computing the bonded indebtedness limit for a political subdivision or school district.
(D) Once the taxable value of a property is reduced because of the exemption provided for in subsection (A), that reduced value shall continue and remain in effect, except as otherwise provided in subitem (A)(3), until the implementation of the next equalization and reassessment program, provided the ordinance authorizing such exemption remains in effect. The effect of this exemption is, that upon
When a property is transferred such that the property is no longer eligible for the exemption provided for in subsection (A), the property is subject to being taxed in the tax year following the transfer at its value, as determined under Section 12-37-930, at market value based on the sale or transfer of ownership or at the appraised value determined by the county assessor.
Property transferred on or after January 1 of the year of implementation of an appraisal and equalization program conducted pursuant to Section 12-43-217 but prior to the effective date of the ordinance implementing the exemption authorized in subsection (A) shall be eligible for the exemption; such exemption shall remain in effect until a subsequent disqualifying transfer.
(E) For counties adopting an ordinance as authorized in subsection (A), the closing attorney involved in a real estate transfer occurring subsequent to such enactment shall provide the following notice to the buyer(s):
REAL PROPERTY TRANSFERRED AS A RESULT OF THIS TRANSACTION MAY BE SUBJECT TO PROPERTY TAXATION DURING THE NEXT TAX YEAR AT A VALUE THAT REFLECTS ITS FAIR MARKET VALUE.
(F) To qualify for the exemption authorized under subsection (A), the owner of the property for which the exemption is sought or the owner's agent must apply to the county assessor where the property is located and establish eligibility for the exemption.
The time period for making application for the exemption provided for in subsection (A), or for seeking a refund of taxes paid as a result of a subsequent determination of eligibility for the exemption, shall be the same as provided for in Section 12-43-220(c) for administering the special legal residence assessment ratio, mutatis mutandis.
Under penalty of perjury, the taxpayer must certify that the property meets the qualifications established in subsection (A) for eligibility for the exemption and provide such other proof as may be required by the county assessor. The burden is on the taxpayer to establish eligibility for the exemption. The Department of Revenue shall assist the applicant and the assessor to the extent practicable in providing information necessary or helpful in determining eligibility. If the
No further application is necessary from the owner who qualified the property for the exemption while the property continues to meet the eligibility requirements. If a change in ownership occurs, the owner who had qualified for the exemption shall notify the assessor within six months of the transfer of title. Another application is required by the new owner if the new owner seeks to qualify for the exemption provided by this section.
If a person signs the certification, obtains the exemption, and is, thereafter, found not eligible, a penalty may be imposed equal to one hundred percent of the tax paid, plus interest on that amount at a rate of one-half of one percent a month, but in no case less than thirty dollars nor more than the current year's taxes assessed on the value of the property without regard to the exemption.
(G) An ordinance allowed by this section may be given retroactive effect but shall not affect taxes due prior to its enactment. A county governing body may repeal an ordinance adopted pursuant to this section but the repeal may only apply prospectively to tax years subsequent to the year of repeal."
B. Section 12-60-2510(A)(1) of the 1976 Code is amended to read:
"(A)(1) In the case of property tax assessments made by the county assessor, whenever the assessor increases the fair market or special use value in making a property tax assessment by one thousand dollars or more, or whenever the first property tax assessment is made on the property by a county assessor, the assessor, by July first in the year in which the property tax assessment is made, or as soon after as is practical, shall send the taxpayer a property tax assessment notice. In years when real property is appraised and assessed under a county equalization program, substantially all property tax assessment notices must be mailed by February first of the implementation year. In these reassessment years, if substantially all of the tax assessment notices are not mailed by February first, the prior year's property tax assessment must be the basis for all property tax assessments for the current tax year. A property tax assessment notice under this subsection must be in writing and must include:
(a) the fair market value;
(b) value as limited by Section 12-37-223A, if applicable;
(bc) the special use value, if applicable;
(cd) the assessment ratio;
(de) the property tax assessment;
(ef) the number of acres or lots;
(fg) the location of the property;
(gh) the tax map number; and
(hi) the appeal procedure."
C. Section 12-37-223, as added by Act 93 and as amended by Act 119 and Part II, Section 68 of Act 100, all from 1999, is repealed.
D. This section takes effect upon approval by the Governor.
SECTION 5. A. Section 12-6-3360(A) of the 1976 Code, as last amended by Act 462 of 1996, is further amended to read:
"(A) Taxpayers that operate manufacturing, tourism, processing, warehousing, distribution, research and development, corporate office, and qualifying service-related facilities, and qualifying technology intensive facilities are allowed an annual job tax credit as provided in this section. In addition, taxpayers that operate retail facilities and service related industries qualify for an annual jobs tax credit in counties designated as least developed. Credits under this section may be claimed against income taxes imposed by Section 12-6-510 or 12-6-530, and insurance premium taxes imposed pursuant to Chapter 7 of Title 38, and are limited in use to fifty percent of the taxpayer's South Carolina income tax, insurance premium tax liability. In computing any tax payable by a taxpayer under Section 38-7-90, the credit allowable under this section must be treated as a premium tax paid under Section 38-7-20."
B. Section 12-6-3360(M) of the 1976 Code, as last amended by Act 114 of 1999, is further amended by adding:
"(14) 'Technology intensive facility' means a firm engaged in the design, development, and introduction of new products or innovative manufacturing processes, or both, through the systematic application of scientific and technical knowledge. Included in this definition are the following North American Industrial Classification System, NAICS, codes published by the Office of Management and Budget of the federal government:
(i) 51114 Database and Directory publishers
(ii) 5112 Software publishers
(iii) 54151 Computer systems design and related services
(iv) 541511 Custom computer programming services
(v) 541512 Computer systems design services
(vi) 541710 Scientific research and development services
(vii) 9271 Space research and technology."
C. Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3415. (A) A taxpayer that claims a federal income tax credit pursuant to Section 174 of the Internal Revenue Code for increasing research activities for the taxable year is allowed a credit against any tax due pursuant to Section 12-6-530 or Section 12-20-50 equal to five percent of the taxpayer's qualified expenditures for research and development made in South Carolina. For the purposes of this credit, qualified research and development expenditures have the same meaning as provided for in Section 174 of the Internal Revenue Code.
(B) The credit taken in any one taxable year pursuant to this section may not exceed fifty percent of the taxpayer's remaining tax liability after all other credits have been applied. Any unused credit may be carried over to the immediately succeeding taxable years, except that the credit carry-over may not be used for a taxable year that begins on or after ten years from the date of the qualified expenditure."
D. Section 12-10-20(1) of the 1976 Code, as added by Act 25 of 1995, is amended to read:
"(1) that the economic well-being of the citizens of the State will be is enhanced by the increased development and growth of industry within the State, and that it is in the best interest of the State to induce the location or expansion of manufacturing, processing, services, distribution, warehousing, research and development, corporate offices, technology intensive, and certain tourism facilities within the State in order to promote the public purpose of creating new jobs within the State;"
E. Section 12-10-30 of the 1976 Code, as last amended by Act 93 of 1999, is further amended to read:
"Section 12-10-30. As used in this chapter:
(1) 'Council' means the Advisory Coordinating Council for Economic Development.
(2) 'Department' means the South Carolina Department of Revenue.
(3) 'Employee' means an employee of the qualifying business who works full time within the enterprise zone.
(4) 'Manufacturing' means engagement primarily in an activity or activities listed under the Standard Industrial Classification (SIC) Codes 20 through 39 as published in the Office of Management and Budget's Standard Industrial Classification Manual.
(5) 'New job' means a job created or reinstated as defined in Section 12-6-3360(M)(3).
(6) 'Qualifying business' means an employer that meets the requirements of Section 12-10-50 and other applicable requirements of this chapter and, where required under Section 12-10-50, enters into a revitalization agreement with the council to undertake a project under the provisions of this chapter.
(7) 'Project' means an investment for one or more purposes in Section 12-10-80(B) needed for a qualifying business to locate, remain, or expand in an enterprise zone and otherwise fulfill the requirements of this chapter.
(8) Reserved.
(9) 'Withholding' means employee withholding under Chapter 9 of this title.
(10) 'Technology employee' means an employee whose job qualifies for jobs tax credit pursuant to Section 12-6-3360(M)(14)."
F. Section 12-10-80(C) and (D) of the 1976 Code, as last amended by Act 151 of 1997, is further amended to read:
"(C) In order To claim a job development credit, the qualifying business must incur expenditures at the above-described facility or for utility or transportation improvements that serve this facility. To be qualified, the expenditures (a) the expenditures are must be incurred: (1) during the term of the revitalization agreement or within sixty days before the execution of a revitalization agreement, including a preliminary revitalization agreement, (b) the expenditures must be (2) by according to the revitalization agreement,; and (c)(3) the expenditures are for any of the following purposes:
(1)(a) training costs and facilities;
(2)(b) acquiring and improving real estate whether constructed or acquired by purchase, or in cases approved by the council, acquired by lease or otherwise;
(3)(c) improvements to both public and private utility systems including water, sewer, electricity, natural gas, and telecommunications;
(4)(d) fixed transportation facilities including highway, rail, water, and air;
(5)(e) construction or improvements of any real property and fixtures constructed or improved primarily for the purpose of complying with local, state, or federal environmental laws or regulations;
(f) employee relocation expenses associated with new or expanded technology intensive facilities as defined in Section 12-6-3360(M)(14);
(6) The amount of job development credits a qualifying business may claim for its use for qualifying expenditures is limited according to the designation of the county as defined in Section 12-6-3360 as follows:
(a)(1) one hundred percent of the maximum job development credits may be claimed by businesses located in counties designated as 'least developed';
(b)(2) eighty-five percent of the maximum job development credits may be claimed by businesses located in counties designated as 'under developed';
(c)(3) seventy percent of the maximum job development credits may be claimed by businesses located in counties designated as 'moderately developed'; or
(d)(4) fifty-five percent of the maximum job development credits may be claimed by businesses located in counties designated as 'developed'.
The council shall certify to the department the maximum job development credit for each qualifying business. After receiving certification, the department shall remit an amount equal to the difference between the maximum job development credit and the job development credit actually claimed to the State Rural Infrastructure Fund as defined and provided in Section 12-10-85.
(D) Subject to the conditions in this section, any a qualifying business in this State may negotiate with the council to claim a job development credit for retraining according to the procedure in subsection (A) in an amount equal to five hundred dollars a year for each production and technology employee being retrained, where this retraining is necessary for the qualifying business to remain competitive or to introduce new technologies. This retraining must be approved by and performed by the technical college under the jurisdiction of the State Board for Technical and Comprehensive Education serving the designated enterprise zone. The technical college may provide the retraining program delivery directly or contract with other training entities to accomplish the required training outcomes. In addition to the yearly limits, the amount claimed as a job development credit for retraining may not exceed two thousand dollars over five years for each production employee being retrained. Additionally, the qualifying business must match on a dollar-for-dollar basis the amount claimed as a job development credit for retraining. The total amount claimed as job development credits for retraining and all of the qualifying business' matching funds of the business must be
(2) Section 12-36-2120 of the 1976 Code, as last amended by Act 114 of 1999, is further amended by adding at the end:
"( ) Machines used in research and development. 'Machines' includes machines and parts of machines, attachments, and replacements which are used or manufactured for use on or in the operation of the machines, which are necessary to the operation of the machines, and which are customarily used in that way. 'Machines used in research and development' means machines used directly and primarily in research and development, in the experimental or laboratory sense, of new products, new uses for existing products, or improvement of existing products."
H. Section 12-37-220(B)(34) of the 1976 Code, as added by Act 110 of 1991, is amended to read:
"(34) The facilities of all new enterprises engaged in research and development activities located in any of the counties of this State, and all additions valued at fifty thousand dollars or more to existing facilities of enterprises engaged in research and development are exempt from ad valorem taxation in the same manner and to the same extent as the exemption allowed pursuant to item (7) of subsection A of Section 12-37-220. These additions include machinery and equipment installed in an existing manufacturing or research and development facility. For purposes of this section, facilities of enterprises engaged in research and development activities are facilities devoted directly and exclusively primarily to research and development, in the experimental or laboratory sense, for of new products, new uses for existing products, or for improving improvement of existing products. To be eligible for the exemption allowed by this section, the facility or its addition must be a separate facility devoted exclusively primarily to research and development as defined in this section. The exemption does not include facilities used in connection with efficiency surveys, management studies, consumer surveys, economic surveys, advertising, promotion, or research in connection with literary, historical, or similar projects."
Amend title to conform.
/s/ Sen. Phil P. Leventis. /s/Rep.Robert W. Harrell, Jr.
Sen. Glenn F. McConnell /s/Rep. J. Roland Smith
/s/ Sen. Ernie L. Passailaigue /s/Rep.George E. Campsen, III
On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
The question then was the adoption of the Report of the Committee of Free Conference.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Branton Bryan Courson Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McGill Mescher Moore Passailaigue
Patterson Peeler Rankin Ravenel Reese Richardson Russell Ryberg Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
The Report of the Committee of Free Conference was adopted.
Columbia, S.C., May 4, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has requested and been granted Free Conference Powers and has appointed Reps. Harrell, R. Smith and Campsen to the Committee of Free Conference on the part of the House on the following:
H. 3782 (Word version) -- Reps. Campsen, Barfield, Barrett, Beck, Bowers, Cato, Cotty, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harrell, Harris, Harrison, Haskins, Klauber, Koon, Leach, Limehouse, Littlejohn, Loftis, Lourie, Lucas, Maddox, M. McLeod, W. McLeod, Meacham-Richardson, Miller, J.H. Neal, Quinn, Rice, Robinson, Sandifer, Sheheen, Simrill, D. Smith, J. Smith, Stille, Stuart, Taylor, Vaughn, Whatley, Whipper and Woodrum: A BILL TO ENACT THE "SOUTH CAROLINA CONSERVATION INCENTIVES ACT" AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3515 SO AS TO ALLOW AN INCOME TAX CREDIT EQUAL TO TWENTY-FIVE PERCENT OF THE VALUE OF A FEDERAL INCOME TAX CHARITABLE DEDUCTION FOR A GIFT OF LAND FOR CONSERVATION OR FOR A QUALIFIED CONSERVATION CONTRIBUTION OF A QUALIFIED REAL PROPERTY INTEREST LOCATED IN THIS STATE WHEN DONATED AFTER JUNE 30, 2000, TO PROVIDE A CAP ON THIS CREDIT, TO DEFINE THE LANDS OVER WHICH THESE EASEMENTS APPLY WHICH ARE ELIGIBLE FOR THESE CREDITS, TO PROVIDE A CARRY
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 4, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
H. 3782 (Word version) -- Reps. Campsen, Barfield, Barrett, Beck, Bowers, Cato, Cotty, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harrell, Harris, Harrison, Haskins, Klauber, Koon, Leach, Limehouse, Littlejohn, Loftis, Lourie, Lucas, Maddox,
Very respectfully,
Speaker of the House
The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
A message was sent to the House accordingly.
S. 1130 (Word version) -- Senator Leventis: A BILL TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION BY COUNTIES OF DOGS AND OTHER DOMESTIC PETS, SO AS TO, AMONG OTHER THINGS, MAKE THE ARTICLE SPECIFICALLY APPLICABLE TO CATS, PROVIDE FOR IMPOUNDING AND ADOPTION OF ANIMALS, INCREASE THE MAXIMUM PENALTY FOR VIOLATING SECTION 47-3-50, PROVIDE FOR THE PROMULGATION OF CERTAIN REGULATIONS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, PROVIDE THAT WHENEVER AN ANIMAL SHELTER ACCEPTS OR COMES INTO POSSESSION OF A DOG OR CAT, THE SHELTER IMMEDIATELY AND THOROUGHLY MUST SCAN THE ANIMAL FOR ANY IMPLANTED MICROCHIP, OR SIMILAR DEVICE, WHICH PROVIDES EVIDENCE OF OWNERSHIP AND, UPON FINDING THIS DEVICE, IMMEDIATELY MAKE A GOOD FAITH EFFORT TO CONTACT THE IDENTIFIED OWNER, AND PROVIDE FOR RELATED MATTERS; AND TO AMEND ARTICLE 7, CHAPTER 3 OF TITLE 47, RELATING TO ANIMAL EUTHANASIA, SO AS TO AMONG OTHER THINGS, REVISE THE PROVISIONS OF LAW REGARDING THE ALLOWABLE METHODS OF EUTHANASIA AND AUTHORIZE A CERTIFIED EMPLOYEE OF THE DEPARTMENT OF NATURAL RESOURCES TO ADMINISTER EUTHANASIA, INCREASE THE MAXIMUM PENALTIES FOR VIOLATIONS OF THIS ARTICLE, AND AUTHORIZE THE
The House returned the Bill with amendments.
On motion of Senator LEVENTIS, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1372 (Word version) -- Senator Ryberg: A CONCURRENT RESOLUTION OFFERING THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE AIKEN BOXING CLUB/YOUTH DEVELOPMENT CENTER UPON BEING CHOSEN AS THE OFFICIAL HOST OF THE 2000 JUNIOR OLYMPIC CHAMPIONSHIPS ON FRIDAY, MAY 5, 2000, AND SATURDAY, MAY 6, 2000.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 4972 (Word version) -- Rep. D. Smith: A BILL TO AMEND ACT 856 OF 1964, AS AMENDED, RELATING TO THE WHITNEY AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT OF FUNDS WHICH MAY BE BORROWED BY THE DISTRICT BOARD FROM ONE HUNDRED TO FIVE HUNDRED THOUSAND DOLLARS, AND TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN SPARTANBURG COUNTY WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS.
By prior motion of Senator REESE
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 1371 (Word version) -- Senator Passailaigue: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN CHARLESTON COUNTY WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.
S. 1276 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 22-4-545(C), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS COURT SO AS TO PROVIDE THAT THE CHIEF ADMINISTRATIVE JUDGE FOR THE COURT OF GENERAL SESSIONS SHALL RETAIN CERTAIN ADMINISTRATIVE SUPERVISION OVER CASES WHICH ARE TRANSFERRED TO MAGISTRATE'S COURT.
Senator HUTTO asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator HOLLAND proposed the following amendment (JUD1276.003), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. The 1976 Code is amended by adding:
"Section 17-23-162. The affiant on an arrest warrant must be present to testify at the preliminary hearing of the person arrested pursuant to the warrant." /
Renumber remaining sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bill, having been read the second time, was ordered placed on the third reading Calendar:
H. 4271 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 56-31-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RENTAL OF PRIVATE PASSENGER AUTOMOBILES, RENTAL RATES, AND PERMITTED AND PROHIBITED CHARGES, SO AS, AMONG OTHER THINGS, TO ELIMINATE THE PROHIBITION UPON A RENTAL COMPANY OF CHARGING AN ADDITIONAL FEE AS A CONDITION OF RENTING, INCLUDING, BUT NOT LIMITED TO, FUEL SURCHARGES, TO ELIMINATE THE REQUIREMENT THAT THE MEANS OF AVOIDING AIRPORT SURCHARGES MUST BE DISCLOSED CLEARLY AND CONSPICUOUSLY IN ALL ADVERTISEMENTS OF A RENTAL RATE TO WHICH AIRPORT SURCHARGES MAY APPLY, AND TO PROVIDE THAT ONLY AIRPORT FEES THAT ARE REMITTED TO THE AIRPORT MANAGEMENT ARE PERMITTED TO BE SEPARATELY STATED AND COLLECTED.
Senator LAND explained the Bill.
On motion of Senator LAND, with unanimous consent, H. 4271 was ordered to receive a third reading on Friday, May 5, 2000.
H. 4776 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1999-00.
The Senate proceeded to a consideration of the Joint Resolution. The question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (BBM\9558HTC00), which was adopted:
Amend the joint resolution, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for fiscal year 1999-00 the following amounts:
(1) Department of Education
SC First Steps to School Readiness - Phase-In $10,000,000
(2) Department of Education
Alternative Schools 9,112,789
(3) Department of Education
School Facilities Maintenance 5,000,000
(4) Department of Education
K-12 Technology Initiative 2,000,000
(5) Commission on Higher Education
LIFE Scholarships 2,000,000
(6) Colleges & Universities
Performance Funding 7,261,337
(7) Colleges & Universities
Performance Funding - Increase 25,000,000
(8) Francis Marion
Science & Technology Equipment 750,000
(9) USC - Columbia
Materials Research Science & Engineering
Center (Nano Technology) 1,000,000
(10) USC - Beaufort
Penn Center 25,669
(11) Board for Technical and Comprehensive Education
Equipment & Technology Infrastructure 8,000,000
(12) Board for Technical and Comprehensive Education
Plastics Learning Network -
Continuing Education 37,500
(13) School for the Deaf & Blind
Facility Maintenance and Accessibility &
Safety Improvements 1,020,877
(14) Department of Health & Environmental Control
Health Department Facility Repairs - Statewide 1,000,000
(15) Department of Public Safety
Computer System 13,000,000
(16) Department of Public Safety
Sheriff's Substation - Lower Richland 100,000
(17) Department of Transportation
Greenville Transit Authority 200,000
(18) Adjutant General
Armory Operations/Maintenance 250,000
(19) Department of Natural Resources
Savannah River Basin Study 250,000
(20) Department of Natural Resources
Soil & Water Conservation National Convention 25,000
(21) Department of Parks, Recreation & Tourism
Kensington Plantation 150,000
(22) Department of Commerce
International Trade 375,000
(22.1) (International Trade) The department shall distribute $125,000 to the SC World Trade Center and $250,000 to the SC Export Consortium from funds appropriated for "International Trade" in this item.
(23) Department of Commerce
YMCA Youth in Government 25,000
(24) Department of Labor, Licensing, & Regulation
Hazardous Management Training 25,000
(24.1) (Hazardous Management Training) The department shall distribute $25,000 to the University of South Carolina-Sumter for development of hazardous management training instruction.
(25) Secretary of State
Information Technology 250,000
(26) Comptroller General
Accounting System 1,000,000
(27) State Budget & Control Board
Division of Operations
Governor's Mansion Renovation 1,905,128
(28) State Budget & Control Board
Division of Budget and Analyses
Geodetic Survey 200,000
(29) State Budget & Control Board
Division of Regional Development
Local Government Grant Fund 6,575,731
(30) State Budget & Control Board
Division of Regional Development
Sustainable Universities Initiative 300,000
(30.1) (Sustainable Universities Initiative) The funds appropriated for the sustainable universities initiative must be used to provide mini-grants for colleges and universities, not including Clemson University, the University of South Carolina, and the Medical University of South Carolina.
(31) State Budget & Control Board of Education
Division of Regional Development
Lynchburg 75,000
TOTAL $96,914,031 /
Renumber sections to conform.
Amend title to conform.
Senator DRUMMOND explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1197 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 6-9-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME THAT CERTAIN BUILDING CODES AND STANDARDS MUST BE ADOPTED BY THE STATE MUNICIPALITIES AND COUNTIES AFTER THE ESTABLISHMENT OF A BUILDING INSPECTION DEPARTMENT, SO AS TO PROHIBIT THE ADOPTION BY THE STATE OF ANY PORTION OF A REGIONAL OR NATIONAL BUILDING CODE THAT RELATES PRIMARILY TO SAFETY UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD1197.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 6-9-120 of the 1976 Code is amended to read:
"Section 6-9-120. Nothing in this chapter affects landscape irrigation systems, except those where chemical concentrates are directly injected, water systems, or sewer systems in this State."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the committee amendment.
The committee amendment was adopted.
Senator RANKIN proposed the following amendment (1197R001.LAR), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered new SECTIONS to read:
/ SECTION ___. Article 1, Chapter 11, Title 6 of the 1976 Code is amended by adding:
"Section 6-11-330. (A) A special purpose district that was empowered as of March 7, 1973, to provide fire protection services to the area within its boundaries may provide emergency medical services to the area within its boundaries if it has received permission, by written resolution, from the governing body of the county or counties in which the district is located, provided that these emergency medical services may not be provided to those parts of the district's area where emergency medical services are being provided by a governmental entity at the time the district's governing body determines to utilize the provisions of this section. The district may build, acquire, construct,
(B) All other powers of a special purpose district shall continue and are not considered to be changed by the provisions of this section.
Section 6-11-331. (A) The governing body of the district, by a resolution adopted by two-thirds vote of all members of the governing body, request that board members be elected in a nonpartisan general election. If adopted, a certified copy of the resolution and a map clearly setting out the lines of the boundaries of the district in the county or counties in which the district is situated and the boundaries of single-member districts, if any, must be presented to the county election commission before August first of a general election held in an even-numbered year for the election to be held at the general election in November of that year.
(B)(1) Notice of the election must be published by the governing body of the district at least three times before the election, including:
(a) not less than sixty days before the date of the election;
(b) a date not more than fifteen and not less than ten days before the date of the election; and
(c) two weeks after the first date of publication.
(2) The notice must appear in a newspaper of general circulation within the district and contain, at a minimum, the following:
(a) the full name of the district and its governing body;
(b) the names, addresses, and telephone numbers of the members of the district's governing body;
(c) the existing means of appointment of members of the district's governing body;
(d) a brief description of the governmental services provided by the district;
(e) a map showing generally the boundaries of the district and the boundaries of single-member districts, if any;
(f) a list of precincts and polling places in which ballots may be cast;
(g) an explanation of the procedure to be followed for election of members of the district's governing body.
(C) On the first Tuesday following the first Monday in November in the year immediately following the year of the resolution, the voters shall elect commissioners for all seats on the district's governing body. Candidates must file, pursuant to the provisions of Section 6-11-70(B), with the county election commission. All commissioners must be elected for terms of four years with terms staggered so that a simple majority of the commissioners are elected in the next ensuing general election year, and the remaining commissioners are elected at the next following general election. The commissioners receiving the highest number of votes shall receive the four-year terms. Those remaining commissioners shall serve terms of two years. At the expiration of the two-year terms, these commissioners are elected for terms of four years. All members serve until their successors are elected and qualify. The terms of office of commissioners whose seats are subject to contest in general election shall expire fourteen days following the general election.
(D) Each special purpose district shall provide by resolution for the election of its board. Boards shall select one of the following methods of election:
(1) members of the board elected from the district at large;
(2) members of the board elected from single-member election districts from the boundaries which have been drawn by the board set forth in the resolution required by Section 6-11-331(A); or
(3) some members of the board elected from single-member election districts and the remainder elected from the district at large.
(E) For the initial election of commissioners, all seats are considered vacant. From among the commissioners elected in the initial election, a simple majority serve terms which expire fourteen days following the general election held three years after the initial election. Those commissioners entitled to serve the initial three-year terms are those commissioners equal in number to a simple majority of the membership who received the highest number of votes cast in the initial election. The remaining commissioners serve terms which expire fourteen days following the general election held in the year following the initial election.
(F) The county election commission shall conduct and supervise the elections for commissioners in the manner governed by the election laws of this State, mutatis mutandis. Vacancies must be filled in the manner provided in Section 7-13-190.
Section 6-11-332. Notwithstanding the provisions of Section 2-1-240 or any other provision of law, in the case of special
purpose districts, the governing bodies of which are presently appointed by the Governor, these appointments shall continue to be made in the manner presently provided by law. However, in the case of legislative delegations or members of them presently authorized to recommend or nominate to the Governor persons for membership on special purpose district governing bodies, this authority is limited to the making of nonbinding recommendations. /
Renumber sections to conform.
Amend title to conform.
Senator RANKIN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF THE GENERAL APPROPRIATION BILL.
H. 4775--GENERAL APPROPRIATION BILL
The Senate proceeded to a consideration of the Bill. The question being the adoption of the Report of the Senate Finance Committee.
Senator DRUMMOND spoke on the Report.
Senator J. VERNE SMITH, Chairman of the Subcommittee on Health and Human Services, was recognized to report to the Senate regarding the work of the subcommittee.
Senator SETZLER, Chairman of the Subcommittee on Public and Higher Education, was recognized to report to the Senate regarding the work of the subcommittee.
At 12:32 P.M., Senator MOORE assumed the Chair.
Senator LAND, Chairman of the Subcommittee on Judicial, Corrections, Law Enforcement and Transportation, was recognized to report to the Senate regarding the work of the subcommittee.
Senator LEVENTIS, Chairman of the Subcommittee on Natural Resources, Economic Development and Regulatory, was recognized to report to the Senate regarding the work of the subcommittee.
Senator PASSAILAIGUE spoke on the Report.
Senator DRUMMOND asked unanimous consent to make a motion that the Report of the Senate Finance Committee be adopted, the Bill be given a second reading with notice of general amendments on third reading, carrying over all amendments to third reading, with all members reserving the right to raise any Points of Order and to offer amendments without regard to questions of degree, provided that this unanimous consent request does not fulfill the two-thirds vote requirement contained in Rule 24B.
Senator RICHARDSON objected.
On motion of Senator SETZLER, with unanimous consent, staff members from the Budget and Control Board were authorized as necessary to be in that area behind the rail and further that those staff designated by the President Pro Tempore were admitted to the floor of the Senate Chamber while debate was in progress on H. 4775, the General Appropriation Bill.
On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by recess.
At 1:25 P.M., on motion of Senator DRUMMOND, the Senate receded from business not to exceed thirty minutes.
The Senate reassembled, at 1:58 P.M., and was called to order by the ACTING PRESIDENT, Senator MOORE.
Senator RYBERG moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Bauer Branton Bryan Drummond Fair Ford Hutto Land Leatherman Leventis Martin McGill Moore Passailaigue Patterson Peeler Rankin Ravenel Reese Richardson Ryberg Setzler Short Thomas Washington Wilson
A quorum being present, the Senate resumed.
H. 4775--GENERAL APPROPRIATION BILL
The Senate resumed consideration of the Bill. The question being the adoption of the Report of the Senate Finance Committee.
Senator LAND moved to invoke Rule 3b.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryan Drummond Ford Grooms * Hutto Land Leventis McGill Mescher * Moore Passailaigue
Patterson Rankin Reese Setzler Short Washington
Bauer Branton Fair Giese * Leatherman Martin Peeler Ravenel Richardson Ryberg Thomas Wilson
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
At 2:09 P.M., Rule 3b was invoked.
Senator LEVENTIS asked unanimous consent to make a motion to request a leave of absence.
Senator RYBERG objected.
Senator LAND moved that the Report of the Committee of Finance be adopted.
The Report of the Senate Finance Committee was adopted.
Senator LEVENTIS asked unanimous consent to make a motion that the Bill be given a second reading with notice of general amendments on third reading, carrying over all amendments to third reading, with all members reserving the right to raise any Points of Order and to offer amendments without regard to questions of degree, provided that this unanimous consent request does not fulfill the two-thirds vote requirement contained in Rule 24B.
Senator RICHARDSON objected.
On motion of Senator RICHARDSON, with unanimous consent, the objection was withdrawn.
Senator BRANTON objected to the unanimous consent motion made by Senator LEVENTIS.
Senator BRANTON was recognized to speak on the Bill.
Senator BRYAN raised a Point of Order that the first amendment was under consideration and, if Senator BRANTON were speaking on the Bill, he was out of order.
The ACTING PRESIDENT stated that the amendment had not been published and the Senator was speaking on the Bill.
Senator BRANTON spoke on the Bill.
With Senator BRANTON retaining the floor, Senator LAND asked unanimous consent to make a motion to take up the amendments for immediate consideration.
Senator BRANTON objected.
Senator BRANTON spoke on the Bill.
With Senator BRANTON retaining the floor, Senator RAVENEL, with unanimous consent, was recognized.
Senator RAVENEL addressed the Senate.
Senator RAVENEL asked unanimous consent to make a motion that it be the Sense of the Senate that the Senate observe the Confederate Memorial Day holiday next Wednesday, May 10, 2000.
Senator RANKIN made a Parliamentary Inquiry as to whether or not the motion would require unanimous consent.
The ACTING PRESIDENT stated that the motion would require unanimous consent.
Senator HUTTO objected to the Sense of the Senate motion.
Senator BRANTON resumed speaking on the Bill.
With Senator BRANTON retaining the floor, Senator SETZLER was granted leave to attend a meeting.
On motion of Senator MESCHER, with unanimous consent, Senators GROOMS and MESCHER were granted leave to be recorded as voting in favor of the 3b motion.
On motion of Senator GIESE, with unanimous consent, Senator GIESE was granted leave to be recorded as voting against the 3b motion.
Senator BRANTON continued speaking on the Bill.
H. 4491 (Word version) -- Reps. Campsen, Edge, Wilkins, Allison, Altman, Barfield, Barrett, Beck, Cato, Cotty, Delleney, Easterday, Frye, Gilham, Hamilton, Harris, Harrison, Haskins, Huggins, Jennings, Leach, Limehouse, Loftis, Lucas, McGee, Meacham-Richardson, Perry, Quinn, Rice, Riser, Robinson, Rodgers, Sandifer, Simrill, D. Smith, Stille, Tripp, Vaughn, Witherspoon, Kelley and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170 ENACTING THE "GAMBLING CRUISE PROHIBITION ACT" SO AS TO PROHIBIT GAMBLING OR THE REPAIR OF GAMBLING DEVICES ON A VESSEL IN A VOYAGE THAT BEGINS AND ENDS WITHIN THIS STATE AND PROHIBIT THE OPERATION OF A VESSEL THAT TRANSPORTS PERSONS TO ANOTHER VESSEL FOR THE PURPOSE OF GAMBLING IF BOTH THE TRANSPORTING VESSEL AND THE VESSEL ON WHICH A GAMBLING DEVICE IS USED OR REPAIRED BEGINS AND ENDS ITS VOYAGE IN THIS STATE, AND TO PROVIDE DEFINITIONS AND PENALTIES FOR VIOLATION.
With Senator BRANTON retaining the floor, Senator RANKIN asked unanimous consent to recall the Bill from the Committee on Judiciary and make it a Special Order.
Senator FORD objected.
Senator BRANTON resumed speaking on the General Appropriation Bill.
With Senator BRANTON retaining the floor, Senator RAVENEL asked unanimous consent to take up an amendment for immediate consideration.
Senator RYBERG objected.
Senator BRANTON continued speaking on the Bill.
At 4:10 P.M., Senator PASSAILAIGUE assumed the Chair.
Senator BRANTON continued speaking on the Bill.
At 4:15 P.M., Senator MOORE assumed the Chair.
Senator BRANTON continued speaking on the Bill.
At 4:20 P.M., Senator RYBERG made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator BRYAN moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bauer Branton Bryan Courson Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes Hutto Land Leatherman Leventis Martin Matthews McGill Mescher Moore Passailaigue Patterson Rankin Ravenel Reese Richardson Russell Ryberg Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
A quorum being present, the Senate resumed.
Senator BRANTON resumed speaking on the Bill.
At 4:36 P.M., Senator McGILL assumed the Chair.
Senator BRANTON resumed speaking on the Bill.
At 4:44 P.M., Senator MOORE assumed the Chair.
Senator BRANTON resumed speaking on the Bill.
At 7:35 P.M., with Senator BRANTON retaining the floor, on motion of Senator COURSON, with unanimous consent, the Senate receded from business not to exceed twenty minutes.
At 8:05 P.M., the Senate resumed.
Senator BRANTON continued speaking on the Bill.
Senator COURSON asked unanimous consent to make a motion that the Bill be given a second reading with notice of general amendments on third reading, carrying over all amendments to third reading, with all members reserving the right to raise any Points of Order and to offer amendments without regard to questions of degree, provided that this unanimous consent request does not fulfill the two-thirds vote requirement contained in Rule 24B, and that, when the Senate adjourns today, it stand adjourned to meet at 11:00 A.M. on Tuesday, May 9, 2000, and that, when the Senate adjourns on Tuesday, it stand adjourned to meet at 11:00 A.M. on Wednesday, May 10, 2000, whereupon the Senate would stand in recess for a brief period of time to observe the Confederate Memorial Day holiday.
Senator BRANTON objected.
Senator BRANTON spoke on the Bill.
At 8:10 P.M., with Senator BRANTON retaining the floor, on motion of Senator COURSON, with unanimous consent, the Senate receded from business not to exceed ten minutes.
At 8:46 P.M., the Senate resumed.
Senator BRANTON resumed speaking on the Bill.
At 9:03 P.M., Senator HUTTO assumed the Chair.
Senator BRANTON resumed speaking on the Bill.
Senator THOMAS asked unanimous consent to make a motion to give the Bill a second reading with notice of general amendments, carrying over all amendments to third reading, no later than Tuesday, May 9, 2000, at 6:00 P.M., and to invoke Rule 15A no later than Wednesday, May 10, 2000, at 6:00 P.M.
Senator MOORE objected.
Senator MOORE insisted on the Order of the Day.
Senator BRANTON resumed speaking on the Bill.
At 9:25 P.M., on motion of Senator LAND, the Senate receded from business not to exceed five minutes.
At 9:30 P.M., the Senate resumed.
Senator BRANTON resumed speaking on the Bill.
With Senator BRANTON retaining the floor, Senator RYBERG asked unanimous consent to make a motion under the provisions of Rule 37 that the Bill be read in its entirety.
Senator MOORE objected.
Senator BRANTON resumed speaking on the Bill.
At 9:50 P.M., Senator MOORE assumed the Chair.
Senator BRANTON resumed speaking on the Bill.
Senator BRYAN raised a Point of Order that the speaker was out of order inasmuch as it appeared that he was reading directly from printed material at the podium.
The ACTING PRESIDENT sustained the Point of Order.
Senator BRANTON continued speaking on the Bill.
At 10:04 P.M., with Senator BRANTON retaining the floor, on motion of Senator RAVENEL, with unanimous consent, the Senate receded from business not to exceed five minutes.
At 10:59 P.M., the Senate resumed.
Senator BRANTON continued speaking on the Bill.
At 11:00 P.M., the PRESIDENT assumed the Chair.
Senator BRANTON continued speaking on the Bill.
With Senator BRANTON retaining the floor, Senator MOORE asked unanimous consent to make a motion to delete Part II, Section 61 from the Bill.
There was no objection and Part II, Section 61 was deleted from the Bill.
With Senator BRANTON retaining the floor, Senator MOORE asked unanimous consent to make a motion that, when the Senate adjourns Friday, it stand adjourned to meet Monday, May 8, at 11:00 A.M., in special statewide session for the exclusive purpose of giving H. 4775 a second reading with notice of general amendments, and carrying over all amendments to third reading, and adjourning immediately thereafter, with the understanding that all members reserve their rights to raise any Points of Order and to offer amendments without regard to questions of degree, provided that this unanimous consent request DOES NOT fulfill the two-thirds vote requirement contained in Rule
There was no objection and the motion was adopted.
On motion of Senator DRUMMOND, debate was interrupted by adjournment.
On motion of Senator LAND, with unanimous consent, the following appointment was recalled from the Committee on Transportation and confirmed in open session:
Reappointment, South Carolina State Ports Authority, with term to commence March 19, 2000, and to expire March 19, 2007:
At-Large:
Whitmarsh S. Smith III, 12 Greenhill Street, Charleston, S.C. 29401
On motion of Senator BRANTON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Colonel Peter J. "Pete" Bastian of Moncks Corner, S.C., Commander of the Sumter Guards and a member of the Washington Light Infantry, who passed away on Monday, May 1, 2000.
Senator MOORE moved that, when the Senate adjourns on Friday, May 5, 2000, it stand adjourned to meet next Monday, May 8, 2000, at 11:00 A.M., which motion was adopted.
At 11:06 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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