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:
Dearly beloved, as we observe Memorial Day 1999, hear the undying words of the Prophet Isaiah, as he looks forward to the Messianic Age, Chapter 2 (v. 4, NIV):
"He will judge between the nations and will settle disputes for many peoples.
They will beat their swords into plowshares and their spears into pruning hooks.
Nation will not take up sword against nation,
Nor will they train for war anymore."
Let us pray.
Lord, God of our fathers, as another Memorial Day comes and goes, we pray that it may be more than a holiday.
We pray that it may be a time for thanksgiving and heart searching for our generation.
We seek to make a stand amid the swirling currrents of the treacherous streams of modern life.
What we call world peace seems like a delusive will-o'-the-wisp. Perhaps it will come in Your time, Lord, if not in ours.
For all who suffered in the past, we thank You. For all who are suffering now, we lift our fervent prayers.
As we hear today's alarms, we pray the words from another day:
"God of our fathers, known of old,
Lord of our far-flung battle line,
Beneath whose awful hand we hold dominion over palm and pine,
Lord God of Hosts, be with us yet,
Lest we forget,... lest we forget!"
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable James H. Hodges:
Reappointment, Barnwell County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Lawson J. Holland, Post Office Box 929, Barnwell, S.C. 29812
Reappointment, Chester County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
William Ralph Garris, 200 Magnolia Avenue, Great Falls, S.C. 29055
Reappointment, Darlington County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Guy L. Bell, Post Office Box 505, Lamar, S.C. 29069
Reappointment, Darlington County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Clarence L. James, Post Office Box 447, Society Hill, S.C. 29593
Reappointment, Darlington County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Glynn Benfield Atkinson, 4522 Blitsgel Drive, Florence, S.C. 29501
Reappointment, Kershaw County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Thomas Edward Davis, Post Office Box 215, Bethune, S.C. 29009-0215
Reappointment, Lexington County Magistrate with term to commence April 30, 1999, and to expire April 30, 2003:
Shirley M. Sons, 521 Gibson Road, Lexington, S.C. 29072
Reappointment, Lexington County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
William Gregory Shockley, 2029 Highway 178, Swansea, S.C. 29160
Senator McCONNELL introduced Dr. Joanne Conroy of Charleston, S.C., Doctor of the Day.
On motion of Senator MATTHEWS, at 12:45 P.M., Senator WASHINGTON was granted a leave of absence until 3:00 P.M.
H. 4119 (Word version) -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Harrison, Sharpe, D. Smith and Townsend: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 3, 1999, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, JUNE 15, 1999, IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL THURSDAY, JUNE 17, 1999, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT, WHEN EACH HOUSE ADJOURNS ON THURSDAY, JUNE 17, 1999, NOT LATER THAN 5:00 P.M., THE GENERAL ASSEMBLY SHALL STAND ADJOURNED .
Senator MOORE asked unanimous consent to make a motion to recall the Resolution from the Chairmen's Committee.
Senator MOORE asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution. The question being the adoption of the Concurrent Resolution.
Senator DRUMMOND proposed the following amendment (4119R004.JD), which was adopted:
Amend the resolution, as and if amended, by striking it in its entirety, including the title, and inserting in lieu thereof:
/ TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE, AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 3, 1999, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON MONDAY, JUNE 21, 1999, IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION IF NECESSARY UNTIL THURSDAY, JUNE 24, 1999, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS ON THURSDAY, JUNE 24, 1999, NOT LATER THAN 5:00 P.M., THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Be it resolved by the House of Representatives, the Senate concurring:
1. Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180 of the 1976 Code, the mandatory sine die adjournment date for the General Assembly is extended, as authorized by law, to permit the General Assembly to continue in session after Thursday, June 3, 1999, under the terms and conditions stipulated in this resolution and for this purpose each house agrees that, when the House of Representatives and Senate adjourn on Thursday, June 3, 1999, not later than 5:00 p.m., each house shall stand adjourned to meet in statewide session at 11:00 a.m. on Monday, June 21, 1999, and to continue in statewide session, if necessary, not later than 5:00 p.m. on Thursday, June 24, 1999, for the following matters and subject to the following conditions, as applicable:
(A) consideration of gubernatorial vetoes;
(B) receipt, consideration, and confirmation of appointments;
(C) ratification of acts;
(D) consideration of local legislation which has the unanimous consent of the affected delegation;
(E) consideration of statewide legislation which is uncontested;
(F) concurrence or nonconcurrence in amendments on bills received from the other house and receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees, and messages pertaining to such reports and appointments;
(G) consideration of resolutions expressing sympathy or congratulations;
(H) consideration of resolutions to schedule meetings of the General Assembly in joint assembly in the Hall of the House of Representatives for the purpose of conducting judicial elections; provided, that elections shall be limited to offices for which candidates have been screened provided that all nominations for any office may only be made by the Chairman of the Judicial Screening Commission and no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate; and
(I) consideration of H.3698 and H.3699.
2. Each house may also provide for local session days during the period between June 3, 1999, and June 18, 1999, for consideration of local legislation which has the unanimous consent of the affected delegation.
3. The President, or in his absence, the President Pro Tempore of the Senate and the Speaker of the House are authorized to ratify acts at a mutually convenient time between June 3, 1999, and June 18, 1999.
4. When each house adjourns not later than 5:00 p.m. on Thursday, June 24, 1999, the General Assembly shall stand adjourned sine die. /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
Senator MOORE asked unanimous consent to make a motion to amend the Resolution by adding "H.3626" as an item in (I).
Senator RYBERG objected.
Senator MOORE continued explaining the amendment.
The amendment was adopted.
There being no further amendments, the Resolution was adopted and ordered returned to the House with amendments.
H. 3858 (Word version) -- Reps. Battle and M. Hines: A BILL TO AMEND SECTION 4-9-82, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF THE ASSETS, PROPERTIES, AND RESPONSIBILITIES OF A PUBLIC SERVICE DISTRICT FOR THE DELIVERY OF CLINICAL MEDICAL SERVICES TO ANOTHER POLITICAL SUBDIVISION OR AN APPROPRIATE HEALTH CARE PROVIDER LOCATED WITHIN THE DISTRICT, SO AS TO DELETE THE REQUIREMENT THAT THE SERVICES MUST BE CLINICAL AND THAT THE TRANSFER MUST BE TO ANOTHER POLITICAL SUBDIVISION OR AN APPROPRIATE HEALTH CARE PROVIDER IN THE DISTRICT, LIMIT THE APPLICATION OF THIS SECTION TO A HOSPITAL PUBLIC SERVICE DISTRICT, PROVIDE THAT THE REFERENDUM REQUIREMENT IS NOT NECESSARY FOR A TRANSFER TO CERTAIN ENTITIES, AND PROVIDE THAT THE DISTRICT MAY BE DISSOLVED UPON THE COMPLETION OF THE TRANSFER AND ASSUMPTION OF THE RESPONSIBILITIES AND OBLIGATIONS OF THE DISTRICT.
Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator HOLLAND asked unanimous consent to give the Bill a second reading.
There was no objection.
The Bill was recalled, read the second time and ordered placed on the third reading Calendar.
H. 4083 (Word version) -- Rep. Jennings: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 9 ALTERNATE TRUCK ROUTE IN THE VICINITY OF THE TOWN OF CHERAW IN CHESTERFIELD COUNTY "JEAN LANEY HARRIS BOULEVARD" IN MEMORY OF OUR LATE COLLEAGUE AND FRIEND, REPRESENTATIVE JEAN LANEY HARRIS, AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.
Senator LAND asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
The Resolution was recalled and ordered placed on the Calendar.
H. 3751 (Word version) -- Reps. Rodgers, Gilham, Lloyd and Pinckney: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-138, SO AS TO ESTABLISH A NO WAKE ZONE ON A PORTION OF LUCY POINT CREEK IN BEAUFORT COUNTY.
Senator CORK asked unanimous consent to make a motion to recall the Bill from the Committee on Fish, Game and Forestry.
There was no objection.
Senator FORD rose to a Point of Personal Privilege.
Senator RAVENEL rose to a Point of Personal Privilege.
Senator McCONNELL rose to a Point of Personal Privilege.
Senator J. VERNE SMITH rose to a Point of Personal Privilege.
Senator MATTHEWS rose to a Point of Personal Privilege.
Senator DRUMMOND rose to a Point of Personal Privilege.
Senator GLOVER rose to a Point of Personal Privilege.
S. 509 (Word version) -- Senator Drummond: A BILL TO AMEND SECTION 9-1-1670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECT OF AN ERROR IN RECORDS OF THE STATE RETIREMENT SYSTEM, SO AS TO PROVIDE FOR CORRECTION OF AN ERROR WITHIN TWO YEARS OF ITS COMMISSION UPON WRITTEN CERTIFICATION OF THE ERROR AND CORRECTION OF ITS RECORDS BY THE EMPLOYER, AND TO PROVIDE THAT THE TWO-YEAR LIMIT DOES NOT APPLY TO PENDING REQUESTS FOR CORRECTION.
Senator DRUMMOND asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
Senator DRUMMOND asked unanimous consent to take up the Bill for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being concurrence in the House amendments.
Senator DRUMMOND proposed the following amendment (GJK\ 20789SD99), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 9-1-1670 of the 1976 Code is amended to read:
"Section 9-1-1670. (A) Should any If a change or error in the records result results in any a member or beneficiary receiving from the system more or less than he would have been entitled to receive had the records been correct, the board shall correct such the error and, as so far as practicable, shall adjust the payment in such a manner so that the actuarial equivalent of the benefit to which such the member or beneficiary was correctly entitled shall be is paid.
(B) The system must correct its records relating to a member upon:
(1) written certification from the employer that the employer's records contained an error that affected the enrollment of the member; and
(2) a showing to the system that all other related records and accounts have been corrected and adjusted to correspond to the change requested of the system.
A correction of the records of the system takes effect only upon payment by the employer and employee to the system of costs as determined by the system.
(C) An employer's request to correct a member's record pursuant to subsection (B) must be made within two years of the commission of the error by the employer."
SECTION 2. Section 9-9-40(3) of the 1976 Code, as amended by Act 497 of 1994, is further amended to read:
"(3) As used in this item 'correlated system' shall mean one or more of the following:
(a) South Carolina Retirement System;
(b) South Carolina Police Officers' Retirement System;
(c) Retirement System for members of the General Assembly of the State of South Carolina.
If a member of a correlated system ceases to occupy a position covered under the system and if, within the protective period and under the conditions set forth in the correlated system for continuation of membership therein, he accepts a position covered by another correlated system, he shall notify the director of each system of the employment, and his membership in the first system is continued so long as his membership in the other system continues. Service credited to the members under the provisions of the first system is considered service credits for the purpose of determining eligibility for benefits, but not the benefit amount, under the other system. A benefit under any one of the correlated systems must be computed solely on the basis of service and contributions credited under that system, and is payable at the times and subject to the age and service conditions set forth. A member is not eligible to receive retirement payments so long as he is employed in a position covered by the South Carolina Retirement System or the South Carolina Police Officers' Retirement System. Notwithstanding the provisions of this paragraph, a member of the Retirement System for Members of the General Assembly who is (1) at least sixty-five sixty-two years of age, (2) not currently serving in the General Assembly, and (3) eligible to receive retirement benefits from the General Assembly System but for the member's current employment covered by a correlated system may elect to receive retirement benefits from the General Assembly System."
SECTION 3 Section 9-11-10(6) of the 1976 Code is amended to read:
"(6) 'Police officer' shall mean any means a person who receives his salary from an employer and who is:
(a) required by the terms of his employment, either by election or appointment, to give his time to the preservation of public order, the protection of life and property, and the detection of crimes in the State.; In all cases of doubt the Board shall determine whether any person is a police officer as defined herein.
(b) an employee after January 1, 2000, of the South Carolina Department of Corrections or the Department of Juvenile Justice and by the terms of his employment is a peace officer as defined by Section 24-1-280.
Notwithstanding prior duties performed by a person who is a police officer as defined in this item, the provisions of Section 9-11-40(9) apply to a person who is or who becomes a member of the Police Officers Retirement System."
SECTION 4. Section 24-1-280 of the 1976 Code is amended to read:
"Section 24-1-280. An Employees employee of the South Carolina Department of Corrections or the South Carolina Department of Juvenile Justice, while performing their his officially assigned duties duty relating to the custody, control, transportation, or recapture of any an inmate within the jurisdiction of the his department, or any an inmate of any jail, penitentiary, prison, public work, chain gang, or overnight lockup of the State or any political subdivision thereof of it not within the jurisdiction of the his department, shall have has the status of a peace officers officer anywhere in the State in any matter relating to the custody, control, transportation, or recapture of such the inmate."
SECTION 5. Section 1 and Sections 3, 4,and 5 of this act take effect
upon approval by the Governor, except that the provisions of subsection (C) of Section 9-1-1670 do not apply to requests to the system to change its records which are pending on the effective date of this act. Section 2 of this act takes effect July 1, 1999./
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the amendment.
The amendment was adopted.
On motion of Senator RYBERG, with unanimous consent, the Bill was carried over.
S. 591 (Word version) -- Senators McConnell, Ravenel, Hutto, Leventis, Cork and Passailaigue: A BILL TO AMEND CHAPTER 1, TITLE 48 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLLUTION CONTROL ACT, BY ADDING SECTION 48-1-83 SO AS TO ESTABLISH STATUTORY REQUIREMENTS FOR DISSOLVED OXYGEN DEPRESSIONS IN NATURALLY LOW DISSOLVED OXYGEN WATERBODIES.
The House returned the Bill with amendments.
Senators McCONNELL, RAVENEL and LEVENTIS proposed the following amendment (PSD\7569AC99), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Chapter 1, Title 48 of the 1976 Code is amended by adding:
"Section 48-1-83. (A) The department shall not allow a depression in dissolved oxygen concentration greater than 0.10 mg/l in a naturally low dissolved oxygen waterbody unless the requirements of this section are all satisfied. The provisions of this section apply in addition to any standards for a dissolved oxygen depression in a naturally low dissolved oxygen waterbody promulgated by the department by regulation.
(B) A party seeking a site specific effluent limit related to dissolved oxygen pursuant to this section must notify the department in writing of its intent to obtain the depression. Upon receipt of the written notice of this intent, the department shall within thirty days publish a public notice indicating the party seeking the dissolved oxygen depression and the specific site for which the dissolved oxygen depression is sought in addition to the department's usual public notice procedures. The notice shall be in the form of an advertisement in a newspaper of statewide circulation and in the local newspaper with the greatest general circulation in the affected area. If within thirty days of the publication of the public notice the department receives a request to hold a public hearing from at least twenty citizens or residents of the county or counties affected, the department shall conduct such a hearing. The hearing must be conducted at an appropriate location near the specific site for which the dissolved oxygen depression is sought and must be held within ninety days of the publication of the initial public notice by the department.
(C) The department, the Department of Natural Resources, and the Environmental Protection Agency shall provide a general methodology to be used for consideration of a site-specific effluent limit related to dissolved oxygen.
(D) The party seeking a site-specific effluent limit related to dissolved oxygen must conduct a study:
(1) to determine natural dissolved oxygen conditions at the specific site for which the depression is sought. The study must use an appropriate reference site. The reference site is not restricted to the State but must have similar geography, environmental setting, and climatic conditions. However, if an appropriate reference site cannot be located, the party may use a site-specific dynamic water quality model or, if available, a site-specific multidimensional dynamic water quality model.
(2) to assess the ability of aquatic resources at the specific site for which the dissolved oxygen depression is sought to tolerate the proposed dissolved oxygen depression.
(E) The department shall provide the following agencies ninety days in which to review and provide comments on the design of the scientific study required in (D):
(1) the United States Fish & Wildlife Service of the United States Department of the Interior;
(2) the United States Geological Survey of the United States Department of the Interior; and
(3) the National Ocean Service of the United States Department of Commerce and the National Marine Fisheries Service of the United States Department of Commerce.
The department and the Department of Natural Resources shall select and convene a science peer review committee to review the design of the study as required by subsection (D). After consideration of these comments, the department, the Department of Natural Resources, and the Environmental Protection Agency must concur on the final design before a study is initiated. Justification of any objection to the study design must be based solely on scientific considerations. Objections to the study design must be provided in writing by the department to the party seeking a site-specific effluent limit related to dissolved oxygen.
(F) The department shall provide the following agencies ninety days to review and comment on the results of the studies required in (D):
(1) the United States Fish and Wildlife Service of the United States Department of the Interior;
(2) the United States Geological Survey of the United States Department of the Interior; and
(3) the National Ocean Service of the United States Department of Commerce and the National Marine Fisheries Service of the United States Department of Commerce.
In order for a site-specific effluent limit related to dissolved oxygen to be implemented pursuant to this section, the department, the Department of Natural Resources, and the Environmental Protection Agency must concur that the results of the study required in subsection (D) justify its implementation. In reaching a decision on the study results, the department, the Department of Natural Resources, and the Environmental Protection Agency must base their decisions solely on scientific considerations. Objections to the acceptance of the results of the study must be provided in writing by the department to the party seeking a site-specific effluent limit related to dissolved oxygen."
SECTION 2. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was ordered returned to the House.
S. 786 (Word version) -- Senator McGill: A BILL TO AMEND ACT 295 OF 1985, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO REVISE THE PER DIEM MEMBERS OF THE BOARD RECEIVE FOR EACH MEETING.
The House returned the Bill with amendments.
Senator McGILL proposed the following amendment (786C002.JYM), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting in lieu thereof the following:
/ SECTION 1. Section 3 of Act 632 of 1980, as last amended by Act 295 of 1985, is further amended to read:
"Section 3. No member of the board of trustees may receive a salary but the board, by majority vote, may increase the shall receive a per diem for members from of fifty dollars to an amount not to exceed one hundred dollars for each meeting. with the chairman receiving seventy-five for each meeting. The board, by majority vote, may increase the amount the chairman receives for per diem from seventy-five dollars to one hundred fifty dollars for each meeting. The members of the board shall also receive mileage and subsistence as provided by law for members of boards, committees, and commissions, but the mileage may not exceed twenty cents a mile."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator McGILL explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was ordered returned to the House.
The following were introduced:
S. 882 (Word version) -- Senator Elliott: A SENATE RESOLUTION COMMENDING AND THANKING MRS. SYLVIA SCOTT GRIFFIN OF DILLON FOR FORTY YEARS OF OUTSTANDING PUBLIC SERVICE AS AN EMPLOYEE OF THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES, AS A HIGH SCHOOL TEACHER, AND AS A COMMUNITY LEADER.
The Senate Resolution was adopted.
S. 883 (Word version) -- Senator Peeler: A SENATE RESOLUTION EXPRESSING THE APPRECIATION AND BEST WISHES OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO KENNETH P. NEAL OF CHEROKEE COUNTY UPON THE OCCASION OF HIS RETIREMENT FROM THE SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY.
The Senate Resolution was adopted.
S. 884 (Word version) -- Senators Wilson, Bauer and Courson: A SENATE RESOLUTION CONGRATULATING THE NAVY JUNIOR ROTC PROGRAM OF CHAPIN HIGH SCHOOL OF LEXINGTON COUNTY ON BEING CHOSEN AS THE "BEST NAVY JUNIOR ROTC" IN THE NATION.
The Senate Resolution was adopted.
S. 885 (Word version) -- Senators Thomas, Bryan and Giese: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF LITTERING, SO AS TO PROVIDE THAT THE OPERATOR OF A CONVEYANCE HAS VIOLATED THIS SECTION WHEN LITTER IS THROWN, DEPOSITED, DROPPED, OR DUMPED FROM THE CONVEYANCE AND PROVIDE THAT THE DRIVER OF A CONVEYANCE IS GUILTY OF THE PROVISIONS OF THIS SECTION IF LITTER OR DEBRIS COMES OUT OF THE CONVEYANCE HE IS DRIVING OR OPERATING, INCLUDING THE BED OF A TRUCK, WITHOUT HIS KNOWLEDGE.
Read the first time and referred to the Committee on Judiciary.
H. 3216 (Word version) -- Reps. Campsen and Rodgers: A BILL TO AMEND SECTION 24-3-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF WAGES OF A PRISONER ALLOWED TO WORK AT PAID EMPLOYMENT SO AS TO PROVIDE A DISTRIBUTION PLAN FOR THE WAGES THAT INCLUDES PAYMENTS FOR VICTIM RESTITUTION, CHILD SUPPORT, PRISONER ROOM AND BOARD, PRISONER INCIDENTALS, AND PRISONER ESCROW ACCOUNT.
Read the first time and referred to the Committee on Corrections and Penology.
H. 3745 (Word version) -- Reps. Campsen, Altman, Barrett, Barfield, Cato, Cooper, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harrison, Haskins, Inabinett, Kelley, Leach, Littlejohn, Loftis, McCraw, McMahand, Neal, Phillips, Pinckney, Sandifer, Sharpe, Simrill, J. Smith, Stille, Tripp, Vaughn, Wilkins, Witherspoon, Lourie and Knotts: A BILL TO AMEND CHAPTER 1, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE "SOUTH CAROLINA FAMILY RESPECT ACT", TO PROVIDE THE LANGUAGE OF THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET, AND TO PROVIDE TO WHOM THE PAMPHLET SHALL BE DISTRIBUTED; TO AMEND CHAPTER 3, TITLE 53, RELATING TO THE CELEBRATION OF SPECIAL DAYS, SO AS TO PROVIDE FOR A FAMILY RESPECT DAY AND TO PROVIDE THE DAY IS OBSERVED IN THE PUBLIC HIGH SCHOOLS; TO AMEND SECTION 20-1-240, RELATING TO INFORMATION GIVEN TO MARRIAGE APPLICANTS, SO AS TO PROVIDE THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET IS DISTRIBUTED TO APPLICANTS; TO AMEND SECTION 44-63-80, AS AMENDED, RELATING TO THE ISSUANCE OF CERTIFIED COPIES OF BIRTH CERTIFICATES, SO AS TO PROVIDE THE FAMILY RESPECT PAMPHLET IS INCLUDED WITH EACH CERTIFIED COPY OF THE BIRTH CERTIFICATE; AND TO AMEND SECTION 44-122-40, RELATING TO THE OPERATION OF COUNTY FUNDED ADOLESCENT PREGNANCY PREVENTION INITIATIVES, SO AS TO PROVIDE FOR THE DISTRIBUTION AND DISCUSSION OF THE FAMILY RESPECT PAMPHLET WITH ADOLESCENTS INVOLVED IN THE INITIATIVES.
Read the first time and referred to the Committee on Judiciary.
H. 4120 (Word version) -- Reps. Bales and Neal: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF NATURAL RESOURCES TO NAME THE BOAT LANDING ON THE WATEREE RIVER LOCATED AT THE INTERSECTION OF UNITED STATES HIGHWAY 378 AND THE WATEREE RIVER IN RICHLAND COUNTY IN HONOR OF SERGEANT WILLIAM T. (BILLY) TOLAR AND TO ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.
The Concurrent Resolution was introduced and referred to the Committee on Fish, Game and Forestry.
H. 4151 (Word version) -- Rep. Rice: A CONCURRENT RESOLUTION TO REQUEST THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY TO STUDY AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY ON METHODS TO ELIMINATE THE FORTY-FIVE DAY GRACE PERIOD IN WHICH PERSONS WHO NEWLY ACQUIRE MOTOR VEHICLES AND OWNERS OF FOREIGN MOTOR VEHICLES BEING MOVED INTO THIS STATE MAY OPERATE THESE MOTOR VEHICLES WITHOUT DISPLAYING AN OFFICIAL SOUTH CAROLINA LICENSE PLATE.
The Concurrent Resolution was introduced and referred to the Committee on Judiciary.
H. 4154 (Word version) -- Rep. Fleming: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO DEVELOP AND ENACT LEGISLATION THAT WILL ENHANCE THE USE OF ACHIEVEMENT GROUPING OF STUDENTS IN REGULAR CLASSES IN PUBLIC SCHOOLS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4193 (Word version) -- Rep. Bowers: A CONCURRENT RESOLUTION RECOGNIZING THE HISTORICAL SIGNIFICANCE OF THE HAMPTON OLD COLORED SCHOOL MUSEUM AND INFORMATION CENTER LOCATED IN HAMPTON COUNTY WHICH WAS DEDICATED ON MAY 22, 1999, AND COMMENDING THE COMMUNITY LEADERS WHO MADE THIS EVENT POSSIBLE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4195 (Word version) -- Reps. Cobb-Hunter, Govan, Ott, Sharpe and Stuart: A CONCURRENT RESOLUTION TO COMMEND JAMAR GLENN OF BOWMAN FOR HIS OUTSTANDING ALL-ROUND ATHLETIC ABILITIES AND TO CONGRATULATE HIM ON THE OCCASION OF HIS OUTSTANDING PERFORMANCE AT THE 1999 SOUTH CAROLINA HIGH SCHOOL LEAGUE TRACK AND FIELD CHAMPIONSHIPS RECENTLY HELD AT LOWER RICHLAND HIGH SCHOOL.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4197 (Word version)-- Reps. Riser and Quinn: A CONCURRENT RESOLUTION TO EXPRESS THE HEARTIEST CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE IRMO HIGH SCHOOL YELLOW JACKETS WOMEN'S TRACK AND FIELD TEAM FOR WINNING THE 1999 CLASS AAAA STATE CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4198 (Word version) -- Reps. Riser and Koon: A CONCURRENT RESOLUTION TO CONGRATULATE THE LEXINGTON HIGH SCHOOL WILDCATS BOYS BASEBALL TEAM FOR WINNING THE 1999 CLASS AAAA STATE BASEBALL CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
Columbia, S.C., May 27, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 277 (Word version) -- Senators Thomas, Giese and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO PROVIDE THAT SELLING URINE WITH THE INTENT TO DEFRAUD A DRUG SCREENING TEST IS A FELONY, AND TO PROVIDE A PENALTY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Columbia, S.C., May 27, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 337 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND CERTAIN PROVISIONS OF CHAPTER 29 OF TITLE 34 AND CHAPTERS 1, 2, 3, AND 4 OF TITLE 37 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSUMER CREDIT TRANSACTIONS, SO AS TO, AMONG OTHER THINGS, REQUIRE THAT THE AMOUNT OF LIFE INSURANCE COVERAGE BE BASED UPON NET COVERAGE PLUS SIX MONTHLY PAYMENTS FOR LOANS WITH A TERM IN EXCESS OF SIXTY MONTHS; REQUIRE THE DEFINITION OF DISABILITY TO BE BASED UPON THE INSURED'S OWN OCCUPATION ON THE DATE OF DISABILITY FOR THE FIRST YEAR AND AN OCCUPATION WITH SUBSTANTIALLY EQUIVALENT REMUNERATION THEREAFTER; LOWER THE RATES FOR CREDIT LIFE INSURANCE; ADD A PROVISION RELATING TO UNFAIR CLAIMS PRACTICES; REQUIRE THAT CREDIT INSURANCE BE PORTABLE; REQUIRE THAT A POLICY MAY NOT BE CONTESTED UNLESS THE MISREPRESENTATION DIRECTLY CONTRIBUTES TO THE CONTINGENCY OR EVENT BY WHICH THE CLAIM ARISES; LOWER THE MAXIMUM PREMIUM FOR NON-FILING INSURANCE; ENHANCE CONSUMER DISCLOSURES; PROHIBIT NON-FILING INSURANCE AS A PERMITTED CHARGE FOR PURCHASE MONEY SECURITY INTEREST LOANS BEYOND APRIL 1, 2000; PROHIBIT A CHARGE FOR AND FILING OF A UCC SECURITY FORM FOR COLLATERAL THAT CANNOT BE USED AS SECURITY FOR A LOAN PURSUANT TO LAW; AND TO REQUIRE THAT IT MUST BE THE CONSUMER'S CHOICE TO PURCHASE INSURANCE FOR LESS THAN THE LENGTH OF THE LOAN.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 27, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3329 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 29-5-10 AND SECTION 29-5-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SETTLEMENT OF ACTIONS TO ENFORCE MECHANICS' LIENS AND THE AWARD OF ATTORNEY'S FEES TO THE PREVAILING PARTY, SO AS TO FURTHER DEFINE THE TERM "PREVAILING PARTY" AND TO PROVIDE THAT THE VALUE OF A DEFENDANT'S COUNTERCLAIM IS CONSIDERED A NEGATIVE OFFER OF SETTLEMENT IF THE DEFENDANT DOES NOT MAKE A WRITTEN OFFER OF SETTLEMENT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 27, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3779 (Word version) -- Reps. Dantzler and Law: A BILL TO AMEND SECTION 41-18-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA AMUSEMENT RIDERS SAFETY CODE, SO AS TO REVISE THE DEFINITION OF "SERIOUS INJURY" TO INCLUDE DEATH, IMMEDIATE INPATIENT HOSPITALIZATION, FRACTURES, AND DISFIGUREMENTS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 27, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3928 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 38-33-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO PROVIDE THAT THOSE POWERS INCLUDE THE OFFERING OF AN OUT-OF-NETWORK COVERAGE UNDER A POINT OF SERVICE OPTION, AND PROVIDE FOR THE PROMULGATION OF REGULATIONS; AND TO AMEND SECTION 38-33-80, AS AMENDED, RELATING TO THE PROVISION THAT EVERY ENROLLEE IN A HEALTH MAINTENANCE ORGANIZATION IS ENTITLED TO EVIDENCE OF COVERAGE, SO AS TO PROVIDE THAT FOR A POINT OF SERVICE OPTION OFFERED JOINTLY BY A HEALTH MAINTENANCE ORGANIZATION AND AN INSURER, ONLY ONE EVIDENCE OF COVERAGE IS REQUIRED.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 1, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
S. 27 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY A LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT IF THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE, AND PROVIDE FOR PENALTIES, EXCEPTIONS, AND RELATED MATTERS.
Very respectfully,
Speaker of the House
S. 27 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY A LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT IF THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE, AND PROVIDE FOR PENALTIES, EXCEPTIONS, AND RELATED MATTERS.
The Report of the Committee of 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.
Columbia, S.C., June 1, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 3379 (Word version) -- Reps. Wilkins, Cotty, Allen, Allison, Altman, Bailey, Bales, Barrett, Battle, Bauer, Beck, G. Brown, H. Brown, T. Brown, Campsen, Canty, Cave, Cobb-Hunter, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Harrell, Harrison, Harvin, Hayes, J. Hines, Inabinett, Klauber, Knotts, Lanford, Leach, Limehouse, Littlejohn, Lloyd, Lourie, Lucas, Mack, Martin, Mason, McCraw, McGee, McKay, M. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Ott, Phillips, Pinckney, Quinn, Rhoad, Rice, Rodgers, Sandifer, Sharpe, Simrill, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stuart, Taylor, Tripp, Trotter, Walker, Webb, Whipper, Wilkes, Woodrum, Govan and Riser: A BILL TO ENACT THE "MAGISTRATES COURTS REFORM ACT OF 1999" BY AMENDING SECTION 8-21-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES AND COSTS TO BE COLLECTED BY MAGISTRATES, SO AS TO INCREASE THE FEE FOR CIVIL ACTIONS AND COMPLAINTS FROM TWENTY-FIVE TO FORTY DOLLARS AND TO INCREASE THE FEE FOR PROCEEDINGS BY A LANDLORD AGAINST A TENANT FROM TEN TO TWENTY-FIVE DOLLARS; BY AMENDING SECTION 22-1-10, RELATING TO APPOINTMENT OF MAGISTRATES, SO AS TO REVISE THE EDUCATIONAL REQUIREMENT FOR APPOINTMENT ON OR AFTER JULY 1, 1999; BY AMENDING SECTION 22-1-15, RELATING TO THE PERSONS SERVING AS MAGISTRATES, SO AS TO PROVIDE THAT THE REVISED REQUIREMENT DOES NOT APPLY TO A MAGISTRATE SERVING ON JULY 1, 1999, DURING HIS TENURE IN OFFICE; BY AMENDING SECTION 22-1-30, RELATING TO SUSPENSION OR REMOVAL OF MAGISTRATES, SO AS TO PROVIDE THAT A MAGISTRATE'S FAILURE TO COMPLY WITH RETIREMENT, TRAINING, OR EXAMINATION REQUIREMENTS MAY SUBJECT THE MAGISTRATE TO SUSPENSION OR REMOVAL BY ORDER OF THE SUPREME COURT; BY AMENDING SECTION 22-2-40, RELATING TO THE NUMBER AND LOCATION OF MAGISTRATES IN A COUNTY, SO AS TO PROVIDE THAT THE MEMBERS OF THE SENATE DELEGATION FOR A COUNTY AND THE COUNTY GOVERNING BODY MAY VARY THE NUMBER, LOCATION, AND FULL-TIME OR PART-TIME STATUS OF MAGISTRATES IN A COUNTY BY WRITTEN AGREEMENT FILED WITH COURT ADMINISTRATION; BY AMENDING SECTION 22-2-200, RELATING TO ACCOMMODATIONS TAX REVENUES AS AFFECTING THE NUMBER OF MAGISTRATES, SO AS TO CONFORM THE PROVISION REGARDING APPOINTMENT OF ADDITIONAL MAGISTRATES DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; BY AMENDING SECTION 22-8-40, RELATING TO FULL-TIME AND PART-TIME MAGISTRATES AND SALARIES, SO AS TO PROVIDE FOR A NEW SALARY SCHEDULE AND FOR ADDITIONAL MAGISTRATES TO BE APPOINTED DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; BY AMENDING SECTION 34-11-70, RELATING TO EVIDENCE OF FRAUDULENT INTENT IN DRAWING A CHECK AND PROBABLE CAUSE FOR PROSECUTION, SO AS TO INCREASE THE FEE A DEFENDANT MUST PAY FOR ADMINISTRATIVE COSTS, WHEN THE CASE IS DISMISSED FOR WANT OF PROSECUTION OR WHEN THE CASE IS DISMISSED ON SATISFACTORY PROOF OR RESTITUTION AND REPAYMENT, FROM TWENTY TO THIRTY-FIVE DOLLARS; BY AMENDING SECTION 34-11-90, RELATING TO JURISDICTION OVER OFFENSES CONCERNING FRAUDULENT CHECKS, SO AS TO INCREASE A MAGISTRATE'S JURISDICTION OVER INSTRUMENTS OF FIVE HUNDRED DOLLARS OR LESS TO JURISDICTION OVER INSTRUMENTS OF ONE THOUSAND DOLLARS OR LESS, TO PROVIDE THE CIRCUMSTANCES OF A CONVICTION IN MAGISTRATE'S COURT THAT ARE PUNISHABLE BY IMPRISONMENT OR FINES, TO INCREASE THE AMOUNT OF REASONABLE COURT COSTS THAT A DEFENDANT MUST PAY WHEN THE COURT SUSPENDS A FIRST OFFENSE CONVICTION FOR DRAWING AND UTTERING A FRAUDULENT CHECK FROM TWENTY TO THIRTY-FIVE DOLLARS, AND TO INCREASE THE AMOUNT OF REASONABLE COURT COSTS THAT A DEFENDANT MUST PAY AFTER A CONVICTION OR PLEA FOR DRAWING AND UTTERING A FRAUDULENT CHECK; AND BY ADDING SECTION 9-11-27, SO AS TO PROVIDE THAT A MAGISTRATE MAY PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; BY ADDING SECTION 9-11-28, SO AS TO PROVIDE THAT A FULL-TIME MUNICIPAL JUDGE MAY PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM IF THE MUNICIPALITY HE SERVES PARTICIPATES IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; BY ADDING 22-1-5, SO AS TO PERMIT A MAGISTRATES' OVERSIGHT COMMITTEE TO BE ESTABLISHED IN EACH COUNTY; BY ADDING SECTION 22-1-12, SO AS TO REQUIRE THAT A MAGISTRATE COMPLETE CERTAIN TRIAL EXPERIENCES PRIOR TO TRYING CASES; BY ADDING SECTION 22-1-17, SO AS TO ESTABLISH A TWO-YEAR CONTINUING EDUCATION PROGRAM AVAILABLE TO MAGISTRATES WHO HAVE SUCCESSFULLY COMPLETED THE CERTIFICATION EXAMINATION; BY ADDING SECTION 22-1-19, SO AS TO ESTABLISH AN ADVISORY COUNCIL TO MAKE RECOMMENDATIONS TO THE SUPREME COURT REGARDING THE ELIGIBILITY EXAMINATION, CERTIFICATION EXAMINATION, AND CONTINUING EDUCATION REQUIREMENTS FOR MAGISTRATES; AN BY ADDING SECTION 22-2-5, SO AS TO ESTABLISH AN ELIGIBILITY EXAMINATION, THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN MAKING NOMINATIONS FOR MAGISTERIAL APPOINTMENTS; AND BY REQUESTING THAT THE SUPREME COURT MAKE A REPORT TO THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEES RECOMMENDING FURTHER NECESSARY CHANGES TO THE MAGISTRATES COURT SYSTEM.
Very respectfully,
Speaker of the House
H. 3379 (Word version) -- Reps. Wilkins, Cotty, Allen, Allison, Altman, Bailey, Bales, Barrett, Battle, Bauer, Beck, G. Brown, H. Brown, T. Brown, Campsen, Canty, Cave, Cobb-Hunter, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Harrell, Harrison, Harvin, Hayes, J. Hines, Inabinett, Klauber, Knotts, Lanford, Leach, Limehouse, Littlejohn, Lloyd, Lourie, Lucas, Mack, Martin, Mason, McCraw, McGee, McKay, M. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Ott, Phillips, Pinckney, Quinn, Rhoad, Rice, Rodgers, Sandifer, Sharpe, Simrill, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stuart, Taylor, Tripp, Trotter, Walker, Webb, Whipper, Wilkes, Woodrum, Govan and Riser: A BILL TO ENACT THE "MAGISTRATES COURTS REFORM ACT OF 1999" BY AMENDING SECTION 8-21-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES AND COSTS TO BE COLLECTED BY MAGISTRATES, SO AS TO INCREASE THE FEE FOR CIVIL ACTIONS AND COMPLAINTS FROM TWENTY-FIVE TO FORTY DOLLARS AND TO INCREASE THE FEE FOR PROCEEDINGS BY A LANDLORD AGAINST A TENANT FROM TEN TO TWENTY-FIVE DOLLARS; BY AMENDING SECTION 22-1-10, RELATING TO APPOINTMENT OF MAGISTRATES, SO AS TO REVISE THE EDUCATIONAL REQUIREMENT FOR APPOINTMENT ON OR AFTER JULY 1, 1999; BY AMENDING SECTION 22-1-15, RELATING TO THE PERSONS SERVING AS MAGISTRATES, SO AS TO PROVIDE THAT THE REVISED REQUIREMENT DOES NOT APPLY TO A MAGISTRATE SERVING ON JULY 1, 1999, DURING HIS TENURE IN OFFICE; BY AMENDING SECTION 22-1-30, RELATING TO SUSPENSION OR REMOVAL OF MAGISTRATES, SO AS TO PROVIDE THAT A MAGISTRATE'S FAILURE TO COMPLY WITH RETIREMENT, TRAINING, OR EXAMINATION REQUIREMENTS MAY SUBJECT THE MAGISTRATE TO SUSPENSION OR REMOVAL BY ORDER OF THE SUPREME COURT; BY AMENDING SECTION 22-2-40, RELATING TO THE NUMBER AND LOCATION OF MAGISTRATES IN A COUNTY, SO AS TO PROVIDE THAT THE MEMBERS OF THE SENATE DELEGATION FOR A COUNTY AND THE COUNTY GOVERNING BODY MAY VARY THE NUMBER, LOCATION, AND FULL-TIME OR PART-TIME STATUS OF MAGISTRATES IN A COUNTY BY WRITTEN AGREEMENT FILED WITH COURT ADMINISTRATION; BY AMENDING SECTION 22-2-200, RELATING TO ACCOMMODATIONS TAX REVENUES AS AFFECTING THE NUMBER OF MAGISTRATES, SO AS TO CONFORM THE PROVISION REGARDING APPOINTMENT OF ADDITIONAL MAGISTRATES DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; BY AMENDING SECTION 22-8-40, RELATING TO FULL-TIME AND PART-TIME MAGISTRATES AND SALARIES, SO AS TO PROVIDE FOR A NEW SALARY SCHEDULE AND FOR ADDITIONAL MAGISTRATES TO BE APPOINTED DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; BY AMENDING SECTION 34-11-70, RELATING TO EVIDENCE OF FRAUDULENT INTENT IN DRAWING A CHECK AND PROBABLE CAUSE FOR PROSECUTION, SO AS TO INCREASE THE FEE A DEFENDANT MUST PAY FOR ADMINISTRATIVE COSTS, WHEN THE CASE IS DISMISSED FOR WANT OF PROSECUTION OR WHEN THE CASE IS DISMISSED ON SATISFACTORY PROOF OR RESTITUTION AND REPAYMENT, FROM TWENTY TO THIRTY-FIVE DOLLARS; BY AMENDING SECTION 34-11-90, RELATING TO JURISDICTION OVER OFFENSES CONCERNING FRAUDULENT CHECKS, SO AS TO INCREASE A MAGISTRATE'S JURISDICTION OVER INSTRUMENTS OF FIVE HUNDRED DOLLARS OR LESS TO JURISDICTION OVER INSTRUMENTS OF ONE THOUSAND DOLLARS OR LESS, TO PROVIDE THE CIRCUMSTANCES OF A CONVICTION IN MAGISTRATE'S COURT THAT ARE PUNISHABLE BY IMPRISONMENT OR FINES, TO INCREASE THE AMOUNT OF REASONABLE COURT COSTS THAT A DEFENDANT MUST PAY WHEN THE COURT SUSPENDS A FIRST OFFENSE CONVICTION FOR DRAWING AND UTTERING A FRAUDULENT CHECK FROM TWENTY TO THIRTY-FIVE DOLLARS, AND TO INCREASE THE AMOUNT OF REASONABLE COURT COSTS THAT A DEFENDANT MUST PAY AFTER A CONVICTION OR PLEA FOR DRAWING AND UTTERING A FRAUDULENT CHECK; AND BY ADDING SECTION 9-11-27, SO AS TO PROVIDE THAT A MAGISTRATE MAY PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; BY ADDING SECTION 9-11-28, SO AS TO PROVIDE THAT A FULL-TIME MUNICIPAL JUDGE MAY PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM IF THE MUNICIPALITY HE SERVES PARTICIPATES IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; BY ADDING 22-1-5, SO AS TO PERMIT A MAGISTRATES' OVERSIGHT COMMITTEE TO BE ESTABLISHED IN EACH COUNTY; BY ADDING SECTION 22-1-12, SO AS TO REQUIRE THAT A MAGISTRATE COMPLETE CERTAIN TRIAL EXPERIENCES PRIOR TO TRYING CASES; BY ADDING SECTION 22-1-17, SO AS TO ESTABLISH A TWO-YEAR CONTINUING EDUCATION PROGRAM AVAILABLE TO MAGISTRATES WHO HAVE SUCCESSFULLY COMPLETED THE CERTIFICATION EXAMINATION; BY ADDING SECTION 22-1-19, SO AS TO ESTABLISH AN ADVISORY COUNCIL TO MAKE RECOMMENDATIONS TO THE SUPREME COURT REGARDING THE ELIGIBILITY EXAMINATION, CERTIFICATION EXAMINATION, AND CONTINUING EDUCATION REQUIREMENTS FOR MAGISTRATES; AND BY ADDING SECTION 22-2-5, SO AS TO ESTABLISH AN ELIGIBILITY EXAMINATION, THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN MAKING NOMINATIONS FOR MAGISTERIAL APPOINTMENTS; AND BY REQUESTING THAT THE SUPREME COURT MAKE A REPORT TO THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEES RECOMMENDING FURTHER NECESSARY CHANGES TO THE MAGISTRATES COURT SYSTEM.
On motion of Senator HOLLAND, the Senate insisted upon its amendments to H. 3379 and asked for a Committee of Conference.
Whereupon, the PRESIDENT Pro Tempore appointed Senators BRYAN, JACKSON and RANKIN of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
S. 871 (Word version) -- Senators Hayes, Peeler, Short and Gregory: A CONCURRENT RESOLUTION TO HONOR THE WINTHROP UNIVERSITY EAGLES BASEBALL TEAM ON ITS 1999 BIG SOUTH CONFERENCE CHAMPIONSHIP.
Returned with concurrence.
Received as information.
S. 873 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION RECOGNIZING THE LADY CARDINAL SOCCER TEAM OF CARDINAL NEWMAN HIGH SCHOOL OF RICHLAND COUNTY ON WINNING THE 1999 SCISA STATE CHAMPIONSHIP IN GIRLS SOCCER.
Returned with concurrence.
Received as information.
S. 874 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION CONGRATULATING THE CARDINAL SOCCER TEAM OF CARDINAL NEWMAN HIGH SCHOOL OF RICHLAND COUNTY ON BECOMING 1999 SCISA CHAMPIONS IN BOYS SOCCER.
Returned with concurrence.
Received as information.
S. 102 (Word version) -- Senators Passailaigue, Hayes, Elliott, Leventis, Ryberg, Giese, Wilson, Reese, Setzler, Drummond, Bryan, Martin, Branton, Courtney, Fair, J. Verne Smith, Russell and Mescher: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO ADD CHAPTER 54 CREATING THE "SOUTH CAROLINA DRUG DEALER LIABILITY ACT" WHICH PROVIDES A CIVIL REMEDY FOR DAMAGES FOR MONETARY, NON-ECONOMIC, AND PHYSICAL LOSSES TO PERSONS AND COMMUNITIES INCURRED AS A RESULT OF AN INDIVIDUAL'S USE OF ILLEGAL CONTROLLED SUBSTANCES.
The House returned the Bill with amendments.
On motion of Senator PASSAILAIGUE, 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. 526 (Word version) -- Senators Land, McGill, Saleeby, Hayes, Moore, Rankin, Gregory and Peeler: A BILL TO AMEND SECTIONS 41-31-390, AS AMENDED, AND 41-31-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO WARRANTS OF EXECUTION FOR THE COLLECTION OF DEFAULT PAYMENTS OWED TO THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO LEVY UPON THE PROPERTY SECURING THE WARRANT FOR NONPAYMENT OF CONTRIBUTIONS, INTEREST, PENALTIES, ASSESSMENTS, AND COSTS AND TO CONTRACT WITH A COLLECTION AGENCY FOR THE PURPOSE OF COLLECTING DELINQUENT PAYMENTS, TO REQUIRE THE COMMISSION TO FILE A COPY OF THE EXECUTION WITH THE CLERK OF COURT IN THE COUNTIES IN WHICH THE DELINQUENT EMPLOYER DOES BUSINESS, AND TO PROVIDE THAT THE POWERS CONFERRED UPON THE DEPARTMENT OF REVENUE FOR THE COLLECTION OF UNPAID INCOME TAXES ARE CONFERRED UPON THE COMMISSION, MUTATIS MUTANDIS, FOR THE COLLECTION OF DELINQUENT PAYMENTS OWED TO THE COMMISSION.
The House returned the Bill with amendments.
On motion of Senator J. VERNE SMITH, 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. 564 (Word version) -- Senators Courson, Giese, Jackson and Patterson: A BILL TO AMEND SECTION 50-11-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING MIGRATORY WATERFOWL ON LAKE MURRAY, SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL, WITH OR WITHOUT THE LAND OWNER'S PERMISSION, WITHIN A FOUR HUNDRED FIFTY YARD RADIUS OF ANY LAND BORDERING THE WATERS OF LAKE MURRAY ON THE PORTION OF LAKE MURRAY LYING WITHIN THE BOUNDARIES OF RICHLAND COUNTY.
The House returned the Bill with amendments.
On motion of Senator COURSON, 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.
H. 3535 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 27-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "BUILDING", "GENERAL COMMON ELEMENTS", AND "PROPERTY" IN THE HORIZONTAL PROPERTY ACT, SO AS TO EXTEND THE MEANINGS OF THESE TERMS TO APPLY TO PROPOSED OR ANTICIPATED CONSTRUCTION, AS WELL AS EXISTING CONSTRUCTION OR STRUCTURES; TO AMEND SECTION 27-31-30, RELATING TO THE PROVISIONS APPLICABLE TO THE ESTABLISHMENT OF A HORIZONTAL PROPERTY REGIME, SO AS TO PROVIDE THAT PROPERTY MAY BE SUBMITTED TO SUCH A REGIME PRIOR TO CONSTRUCTION OR THE COMPLETION OF ANY BUILDING OR APARTMENT, IMPROVEMENTS, OR STRUCTURES ON THE PROPERTY; TO AMEND SECTION 27-31-100, AS AMENDED, RELATING TO THE HORIZONTAL PROPERTY ACT AND THE CONTENTS OF THE MASTER DEED OR LEASE, SO AS TO PROVIDE THAT THE MASTER DEED OR LEASE SHALL SET FORTH THE DESCRIPTION OF THE LAND, WHETHER LEASED OR IN FEE SIMPLE, AND THE BUILDING OR BUILDINGS IN EXISTENCE OR TO BE CONSTRUCTED, IF APPLICABLE, AND THEIR RESPECTIVE AREAS; AND TO AMEND SECTION 27-31-110, RELATING TO THE HORIZONTAL PROPERTY ACT AND THE REQUIREMENT THAT THE PLOT PLAN AND BUILDING PLAN ACCOMPANY THE MASTER DEED OR LEASE, SO AS TO EXTEND THE PROVISIONS OF THE SECTION TO PROPOSED OR ANTICIPATED BUILDINGS OR CONSTRUCTION, AS WELL AS BUILDINGS OR CONSTRUCTION ALREADY EXISTING.
The House returned the Bill with amendments.
On motion of Senator CORK, 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.
H. 3798 (Word version) -- Reps. Bailey, Barfield, Allen, Allison, Altman, Askins, Bales, Battle, Beck, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Clyburn, Cobb-Hunter, Cotty, Dantzler, Davenport, Delleney, Edge, Emory, Gamble, Gourdine, Gilham, Hamilton, Harris, Harrell, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Sharpe, Sheheen, Simrill, J. Smith, F. Smith, R. Smith, Stille, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkins, Witherspoon, Woodrum and Young-Brickell: A BILL TO AMEND SECTION 40-11-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL STATEMENT REQUIREMENTS FOR GENERAL AND MECHANICAL CONTRACTORS' LICENSURE, SO AS TO PROVIDE THAT ON RENEWAL A GENERAL CONTRACTOR BIDDING AND PERFORMING ON JOBS NOT EXCEEDING A SPECIFIED AMOUNT MAY SUBMIT AN OWNER-PREPARED FINANCIAL STATEMENT WITH AN AFFIDAVIT OF ACCURACY INDICATING A CERTAIN REQUIRED NET WORTH, RATHER THAN REQUIRING A CERTIFIED PUBLIC ACCOUNTANT TO PREPARE THE FINANCIAL STATEMENT.
The House returned the Bill with amendments.
On motion of Senator J. VERNE SMITH, 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.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills and Joint Resolution were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 3111 (Word version) -- Reps. Littlejohn and Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-699 SO AS TO DESIGNATE THE SPOTTED SALAMANDER, AMBYSTOMA MACULATUM, AS THE OFFICIAL STATE AMPHIBIAN.
H. 3710 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO COMMERCIAL MOBILE RADIO SYSTEM SURCHARGE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2376, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3720 (Word version) -- Rep. Bauer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-4-65 SO AS TO PROVIDE THAT IN THE EVENT THE STATE OF SOUTH CAROLINA DETERMINES BY LAW OR OTHERWISE THAT THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM AND ITS FUND SHOULD BE DISCONTINUED AND ALL TUITION PREPAYMENT CONTRACTS CANCELED, CONTRIBUTORS SHALL BE ENTITLED TO A REFUND OF ALL PAYMENTS TO THE FUND PLUS INTEREST ON THESE CONTRIBUTIONS AT THE RATE OF FOUR PERCENT PER ANNUM, AND TO PROVIDE THAT IF THE FUND DOES NOT HAVE SUFFICIENT MONIES TO MAKE SUCH REFUNDS, THE DEFICIENCIES SHALL BE PAID FROM THE GENERAL FUND OF THE STATE.
Senator BAUER 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 third reading of the Bill.
Senator BAUER explained the Bill.
The Bill was read the third time and ordered enrolled for Ratification.
H. 3748 (Word version) -- Reps. Walker, Allison, Davenport, Lee, Littlejohn and D. Smith: A BILL TO AMEND SECTION 11-27-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASE PURCHASE OR FINANCING AGREEMENTS BEING SUBJECT TO APPLICABLE CONSTITUTIONAL DEBT LIMITATIONS, SO AS TO CONFORM THE TREATMENT OF A LEASE PURCHASE AGREEMENT FOR ENERGY EFFICIENCY PRODUCTS AND A GUARANTEED ENERGY SAVINGS CONTRACT IN THE CALCULATION OF THE DEBT LIMIT TO THE PROVISIONS OF THE SECTION SPECIFICALLY EXCLUDING THEM FROM THOSE TYPES OF AGREEMENTS SUBJECT TO THE DEBT LIMIT, AND TO MAKE TECHNICAL REFERENCE CHANGES.
Senator SETZLER 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 SETZLER proposed the following amendment (PSD\ 7550AC99), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered sections to read:
/ Section _____. Section 48-52-650 of the 1976 Code, as added by Act 449 of 1992, is amended to read:
"Section 48-52-650. The State energy office shall establish a mechanism for a revolving loan fund for state agencies and political subdivisions of the State to use for energy conservation measures. Repayment may be from the savings in the agency's entity's utility budget."
Section _____. Section 48-52-660(A)of the 1976 Code, as added by Act 449 of 1992, is amended to read:
"(A) A state agency or political subdivision of the State may enter into lease purchase agreements for a duration of more than one year with vendors of energy efficiency products and utility companies. No funds disclaimer clause as provided for in Section 11-35-2030 is required in these contracts. Repayment is allowed from savings on the agency entity's budget."
Renumber sections to conform. /
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was amended, read the third time and ordered returned to the House with amendments.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 668 (Word version) -- Senator Bryan: A BILL TO AMEND SECTION 11-27-40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF BONDS FOR POLITICAL SUBDIVISIONS PURSUANT TO ARTICLE X OF THE SOUTH CAROLINA CONSTITUTION SO AS TO PROVIDE THE TERM AND AMOUNT OF BONDS THAT MAY BE SOLD AT PRIVATE SALE AND WITHOUT ADVERTISEMENT AND TO PROVIDE PROCEDURES FOR THE ISSUANCE AND REDEMPTION OF BONDS MATURING BETWEEN FIVE AND THIRTY YEARS FROM THE DATE OF ISSUE; TO AMEND SECTION 11-27-50 RELATING TO THE ISSUANCE OF BONDS FOR SCHOOL DISTRICTS PURSUANT TO ARTICLE X OF THE SOUTH CAROLINA CONSTITUTION SO AS TO PROVIDE THAT THE CONSENT OF ANOTHER BODY IS NOT REQUIRED TO ISSUE GENERAL OBLIGATION BONDS OF A SCHOOL DISTRICT AFTER AN ELECTION AND TO PROVIDE PROCEDURES FOR THE ISSUANCE AND REDEMPTION OF BONDS MATURING BETWEEN FIVE AND THIRTY YEARS; AND TO AMEND SECTION 11-15-440, RELATING TO THE EXTENT TO WHICH REFUNDING BONDS MAY BE ISSUED, SO AS TO MAKE THIS PROVISION APPLICABLE TO REVENUE BONDS AND TO PROVIDE THAT THE ISSUER MAY UTILIZE THE PROVISIONS OF SECTIONS 11-27-40 AND 11-27-50 IN CONNECTION WITH THE ISSUANCE OF SUCH REFUNDING BONDS.
Senator BRYAN explained the Bill.
S. 23 (Word version) -- Senators Leventis, Hayes, Ryberg, Giese, Wilson and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE MILITARY SELECTIVE SERVICE REGISTRATION AWARENESS AND COMPLIANCE ACT BY ADDING SECTION 1-1-560 SO AS TO PROHIBIT AN INDIVIDUAL FROM OBTAINING EMPLOYMENT WITH THE STATE OR A POLITICAL SUBDIVISION OF THE STATE UNLESS THE PERSON HAS COMPLIED WITH THIS ACT; AND BY ADDING SECTION 59-101-375 SO AS TO PROHIBIT AN INDIVIDUAL FROM ENROLLING IN OR RECEIVING FINANCIAL ASSISTANCE TO ATTEND A STATE-SUPPORTED INSTITUTION OF POSTSECONDARY HIGHER EDUCATION UNLESS THE PERSON HAS COMPLIED WITH THIS ACT AND TO PROVIDE EXCEPTIONS.
Senator PATTERSON asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
S. 703 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 50-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF AN OFFICIAL SUMMONS BY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO AUTHORIZE USE OF THE OFFICIAL SUMMONS BY ANY OFFICER DEPUTIZED BY THE DEPARTMENT PURSUANT TO SECTION 27-16-70(C)(2); AND TO AMEND SECTION 50-3-420, AS AMENDED, RELATING TO IMMUNITY FROM PROSECUTION, SO AS TO PROVIDE FOR THE IMMUNITY FOR DEPUTY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES.
Senator HAYES explained the Bill.
The following Bills and Joint Resolutions, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:
H. 3626 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF REVENUE TO PROMULGATE STRICT AND COMPREHENSIVE REGULATIONS NECESSARY TO REGULATE THE OPERATION OF VIDEO GAME MACHINES WITH A FREE PLAY FEATURE INCLUDING A RECOMMENDATION FOR THE IMPOSITION OF A TAX RATE AND REGULATIONS TO IMPOSE FEES ON SUCH MACHINES OR ON THE OWNERS, DISTRIBUTORS, OR OPERATORS THEREOF IN AN AMOUNT NECESSARY TO GENERATE REVENUE IN THE AGGREGATE OF AT LEAST TWO HUNDRED MILLION DOLLARS ANNUALLY, AND TO PROVIDE FOR THE PROCEDURES UNDER WHICH THE REGULATIONS MUST BE PROMULGATED INCLUDING A PROVISION THAT THEY MUST BE SUBMITTED TO THE GENERAL ASSEMBLY BY APRIL 1, 1999, AND ARE DEEMED APPROVED ON JUNE 3, 1999, IF THE GENERAL ASSEMBLY HAS NOT ENACTED A JOINT RESOLUTION PRIOR TO THIS DATE APPROVING OR DISAPPROVING SUCH REGULATIONS.
Senators MOORE, HAYES and PASSAILAIGUE asked unanimous consent to give the Bill a second reading with notice of general amendments, carrying over all amendments to third reading.
There was no objection.
The Bill was read the second time with notice of general amendments.
H. 3403 (Word version) -- Reps. Robinson, Kelley, H. Brown, Easterday, Littlejohn, Sandifer, Vaughn, Leach, Fleming, Trotter, Klauber, McKay, Simrill, Hinson, Barrett, Keegan, Law and Rice: A BILL TO AMEND SECTION 34-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGAL RATE OF INTEREST, SO AS TO ESTABLISH THE LEGAL INTEREST RATE AT THE PRIME RATE; TO PROVIDE THAT THE RATE FOR MONEY DECREES AND JUDGMENTS IS THE PRIME RATE PLUS ONE PERCENT; AND TO PROVIDE HOW THE PRIME RATE IS TO BE CALCULATED.
H. 3826 (Word version) -- Rep. Battle: A BILL TO AMEND CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-505, SO AS TO PROVIDE FOR THE OFFENSE OF SELLING OR HOLDING FOR SALE A PACKAGE OF CIGARETTES THAT VIOLATES FEDERAL LAW IN REGARD TO LABELS, PACKAGING, OR OTHER REQUIREMENTS, TO PROVIDE THAT THE ATTORNEY GENERAL MAY SEIZE AND DESTROY THE ILLEGAL PACKAGE, TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY REVOKE THE LICENSE TO SELL TOBACCO OF A PERSON WHO SELLS ILLEGAL CIGARETTE PACKAGES, TO PROVIDE THAT SELLING CIGARETTE PACKAGES IN VIOLATION OF THIS SECTION IS AN UNFAIR TRADE PRACTICE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
H. 4067 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE BOARD OF PHARMACY, RELATING TO FACILITY PERMIT CLASSIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2426, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3359 (Word version) -- Reps. Dantzler, Bailey, R. Smith, Hinson, Rodgers, Witherspoon, Chellis, McKay, McGee, Law, Simrill, Rhoad, Littlejohn and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-224 SO AS TO PROVIDE THAT A MOTOR HOME ON WHICH THE INTEREST PORTION OF INDEBTEDNESS IS DEDUCTIBLE PURSUANT TO THE INTERNAL REVENUE CODE AS AN INTEREST EXPENSE ON A QUALIFIED PRIMARY OR SECOND RESIDENCE IS ALSO A PRIMARY OR SECOND RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAXATION IN THIS STATE AND IS CONSIDERED REAL PROPERTY RATHER THAN PERSONAL PROPERTY FOR PROPERTY TAX PURPOSES.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator PEELER proposed the following amendment (3359R003.HSP), which was adopted:
Amend the bill, as and if amended, page 2, after line 3, by adding an appropriately numbered new SECTION to read:
/ SECTION ____. Chapter 21 of Title 50 of the 1976 Code is amended by adding:
"Section 50-21-385. Houseboats used for habitation may be indefinitely moored at a private dock as long as the houseboat has a waste-holding tank. Waste pump-out must be done at an approved pump-out facility. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than five hundred dollars or imprisonment for thirty days, or both." /
Renumber sections to conform.
Amend title to conform.
Senator PEELER explained the amendment.
The amendment was adopted.
Senator PEELER proposed the following amendment (3359R002.HSP), which was adopted:
Amend the bill, as and if amended, page 2, line 5, by striking / after 1998 / and inserting in lieu thereof:
/ in 1999 /
Renumber sections to conform.
Amend title to conform.
Senator PEELER explained the amendment.
The amendment was adopted.
Senator DRUMMOND proposed the following amendment (GGS\ 22387MM99), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2, Section 12-37-225 in its entirety.
Renumber sections to conform.
Amend title to conform.
Senator DRUMMOND 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 with notice of general amendments.
H. 3591 (Word version) -- Reps. Koon, R. Smith, Sharpe and Riser: A JOINT RESOLUTION TO PROVIDE FOR A THREE-YEAR PILOT PROGRAM IN ALL GAME ZONES OF THE STATE TO SHORTEN THE HUNTING SEASON FOR RACCOONS TO A PERIOD FROM THANKSGIVING DAY THROUGH MARCH 1; TO ALLOW HUNTING WITH DOGS ONLY FOR THE REMAINDER OF THE YEAR; AND TO IMPOSE A MINIMUM FINE OF FIVE HUNDRED DOLLARS FOR A PERSON VIOLATING THESE PROVISIONS, WITH EIGHTY PERCENT OF THE FINE RETAINED BY THE DEPARTMENT OF NATURAL RESOURCES AND USED FOR LAW ENFORCEMENT AND TWENTY PERCENT OF THE FINE FORWARDED TO THE APPROPRIATE GAME FUND IN THE COUNTY IN WHICH THE VIOLATION OCCURRED.
The Senate proceeded to a consideration of the Joint Resolution. The question being the second reading of the Resolution.
Senator HUTTO proposed the following amendment (3591R001.CBH), which was adopted:
Amend the resolution, as and if amended, page 1, by striking lines 33-35, and inserting in lieu thereof:
/ (1) The season for hunting raccoons is October 1 through March 15, with weapons and dogs, except in Games Zones 6 and 11 the season is September 15 through March 15; and March 16 through September 30, without weapons and with dogs only, except in Games Zones 6 and 11 the running season is March 16 through September 14. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
There being no further amendments, the Joint Resolution was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Joint Resolutions, having been read the second time, were ordered placed on the third reading Calendar:
H. 3825 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE BOARD OF NURSING, RELATING TO DEFINITION OF ORIENTATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2421, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 881 (Word version) -- Senators Setzler, Courson, Short, Waldrep, Glover and Anderson: A JOINT RESOLUTION TO PROVIDE THAT FOR FISCAL YEAR 1999-2000, FOR PURPOSES OF A SCHOOL DISTRICT USING FUNDS AVAILABLE PURSUANT TO CHAPTER 144 OF TITLE 59 OF THE 1976 CODE, THE TERM "SCHOOL FACILITIES" INCLUDES PORTABLE CLASSROOMS.
On motion of Senator SETZLER, with unanimous consent, S. 881 was ordered to receive a third reading on Wednesday, June 2, 1999.
S. 881 (Word version) -- Senators Setzler, Courson, Short, Waldrep, Glover and Anderson: A JOINT RESOLUTION TO PROVIDE THAT FOR FISCAL YEAR 1999-2000, FOR PURPOSES OF A SCHOOL DISTRICT USING FUNDS AVAILABLE PURSUANT TO CHAPTER 144 OF TITLE 59 OF THE 1976 CODE, THE TERM "SCHOOL FACILITIES" INCLUDES PORTABLE CLASSROOMS.
On motion of Senator THOMAS, with unanimous consent, the name of Senator THOMAS was added as a co-sponsor of the Resolution.
S. 649 (Word version) -- Senators Matthews, Washington, Patterson and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 7 TO TITLE 31 SO AS TO PROVIDE FOR THE ISSUANCE OF INDEBTEDNESS BY COUNTIES IN CONNECTION WITH REDEVELOPMENT PROJECTS AND THE PAYMENT OF SUCH INDEBTEDNESS FROM ADDED INCREMENTS OF TAX REVENUES.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator SETZLER proposed the following amendment (SBD/church.002), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ SECTION . A. Items (3) and (4) of Section 12-37-220(A) of the 1976 Code are amended to read:
"(3) all property of all public libraries, churches, parsonages, and burying grounds, but this exemption for real property does not extend beyond the buildings and premises actually occupied by the owners of the real property;
(4) all property of all charitable trusts and foundations used exclusively for charitable and public purposes, but this exemption for real property does not extend beyond the buildings and premises actually occupied by the owners of the real property;"
B. Section 12-37-220(A) of the 1976 Code is amended by deleting the last paragraph, which reads:
"The exemptions provided in items (3) and (4) for real property shall not extend beyond the buildings and premises actually occupied by the owners of such real property."
C. That portion of Section 12-37-220(B) of the 1976 Code which precedes item (1) is amended to read:
"In addition to the exemptions provided in subsection (A), the following classes of property shall be are exempt from ad valorem taxation subject to the provisions of Section 12-3-145 12-4-720:"
D. Section 12-37-220 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:
"( ) If a church acquires ownership of real property which will be exempt under this section when owned by the church, the transferor's liability for property taxes on the property ceases on the church acquiring the property, and any exemptions provided in this section then apply, subject to the requirements of Section 12-4-720. The property taxes accruing up to the date of the acquisition by the church, if any, must be paid to the county where the property is located within thirty days of the acquisition date. If the millage has not yet been set for the year when the acquisition occurs, the county auditor shall apply the previous year's millage in determining any taxes owed. If the millage has been determined, the auditor shall apply the current year's millage in determining any taxes owed. All taxes, assessments, penalties, and interest on the property acquired by a church are a first lien on the property taxed, the lien attaching December 31 of the year immediately preceding the calendar year during which the tax is levied."
E. Notwithstanding any other provisions of this act, this section applies for property tax years beginning after 1997. /
Renumber sections to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 4110 (Word version) -- Rep. Campsen: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF WATERCRAFT, BY ADDING SECTION 50-21-133 SO AS TO ESTABLISH A NO WAKE ZONE FROM NAUTICAL DAY MARKER NUMBER 125 AT COVE INLET TO THE WESTERNMOST TIP OF SULLIVAN'S ISLAND.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator McCONNELL asked unanimous consent to take up Amendment No. 2 for immediate consideration.
There was no objection.
Senator McCONNELL proposed the following Amendment No. 2 (4110R002.HAC), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered new SECTIONS to read:
/ SECTION ___. This act may be cited as the "South Carolina Boating and Safety Act of 1999".
SECTION ___. Section 50-21-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-21-10. As used in this chapter title unless the context clearly requires a different meaning:
(1) 'Vessel' means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. 'Associated equipment' does not include radio equipment and means:
(a) a system, part, or component of a boat as originally manufactured or a similar part or component manufactured or sold for replacement, repair, or improvement of the system, part, or component;
(b) an accessory or equipment for, or appurtenance to, a boat;
(c) a marine safety article, accessory, or equipment intended for use by a person on board a boat.
(2) 'Boat' means a vessel:
(a) manufactured or used primarily for noncommercial recreational or commercial use;
(b) leased, rented, or chartered to another for the renters' noncommercial for recreational or commercial use; or
(c) engaged in the carrying of six or fewer used to carry any passengers. either for recreational or commercial purposes.
(3) 'Motor boat' means a vessel equipped with propulsion machinery of any type whether or not the machinery is the principal source of propulsion. 'Boat livery' means a business, which holds a vessel for rent, lease, or charter.
(4) 'Associated equipment' does not include radio equipment and means:
(a) a system, part, or component of a boat as originally manufactured or a similar part or component manufactured or sold for replacement, repair, or improvement of the system, part, or component;
(b) an accessory or equipment for, or appurtenance to, a boat;
(c) a marine safety article, accessory, or equipment intended for use by a person on board a boat. 'Certificate of number' means the registration.
(5) 'Owner' means a person, other than a lienholder, who claims lawful possession of a vessel by virtue of legal title or equitable interest in it which entitles him to possession. 'Certificate of origin' means a document establishing the initial chain of ownership, such as manufacturer's certificate of origin or statement of origin, importer's certificate of origin, and builder's certification.
(6) 'Waters of the State' means waters within the territorial limits of the State. 'Dealer's permit' means a certificate issued by the department to a marine business to extend the privilege of using marine dealer registration numbers on boats or motors for demonstration or testing purposes and assignment on appropriate documents. Abuse of these privileges results in termination of the dealer's permit. A dealer who fails to meet minimum requirements each year may request in writing a review of the permit and sales. After review of the dealer's records and after good cause has been shown by the dealer for not meeting the minimum requirements, the department may renew the permit for the calendar year.
(7) 'Person' means an individual, a partnership, a firm, a corporation, an association, or other legal entity. 'Department' means the South Carolina Department of Natural Resources.
(8) 'Operator' means the person who operates or has charge or command of the navigation or use of a vessel.
(9) 'Passenger' means every person carried on board a vessel other than:
(a) the owner or his representative;
(b) the operator;
(c) bona fide members of the crew engaged in the business of the vessel who have contributed no consideration for their carriage and who are paid for their services; or
(d) a guest on board a vessel which is being used exclusively for pleasure purposes who has not contributed consideration, directly or indirectly, for his carriage.
(8) 'Hull identification number' means the letter and number combination required by the United States Coast Guard or its successor agency on all watercraft manufactured after November 1, 1972.
(10)(9) 'Undocumented vessel' means a vessel which does not have and is not required to have a valid marine document issued by the United States Coast Guard or federal agency successor to it. 'Marina' means a facility which provides mooring or dry storage for watercraft on a leased or rental basis.
(11)(10) 'Marine dealer' means a person who engages primarily or secondarily in the business of buying, selling, exchanging, or servicing watercraft or outboard motors, new or used, on outright or conditional sale, bailment, lease, chattel mortgage, or otherwise, and who has an established place of business for the sale, trade, and display of the watercraft or outboard motors, or both. A marine dealer must have a proper business license for each facility not under the same roof and shall sell a minimum of ten watercraft or outboard motors each calendar year to renew his permit. Exclusions must be for sale at organized marine dealer association boat shows. Each dealer shall apply to the department annually for a dealer's permit with a fee of ten dollars for each facility on forms prescribed by the department. A permit is valid for the calendar year and must be displayed in a prominent place for public view. Renewal applications must be received by December fifteenth each year. Permitted marine dealers are eligible for demonstration numbers. A marine dealer licensed under this section shall consent to public or random inspections of his or its business as provided in Section 50-23-185. A dealer refusing the inspections forfeits his license immediately and permanently.
(12)(11) 'Reportable boating accident' means an accident, collision, or other casualty involving a vessel subject to this chapter which results in loss of life, injury which results in loss of consciousness, necessity for medical treatment, necessity to carry person from scene, disability which prevents the discharge of normal duties beyond the day of casualty, or actual physical damage to property, including vessels in excess of one hundred dollars. 'Marine manufacturer' means a person engaged in the manufacturing of watercraft or outboard motors for sale or trade.
(13)(12) 'Boat livery' means a business which holds a vessel for renting, leasing, or charting. 'Motor boat' means a vessel equipped with propulsion machinery of any type whether or not the machinery is the principal source of propulsion.
(14)(13) 'Marine manufacturer' means a person engaged in the manufacturing of watercraft or outboard motors for sale or trade. 'No Wake - Idle Speed' means a boating restricted area established to protect the safety of the public and property. No Wake - Idle Speed means that a vessel cannot proceed at a speed greater than that speed which is necessary to maintain steerageway.
(15)(14) 'Marine dealer' means a person who buys, sells, exchanges, or services watercraft or outboard motors, new or used, on outright or conditional sale, bailment, lease, chattel mortgage, or otherwise, has an established place of business for the sale, trade, and display of the watercraft or outboard motors, or both, and is permitted by the department. 'Operate' means to navigate, steer, or drive. It also includes the manipulation of moving water skis, a moving aquaplane, a moving surfboard, or similar moving device.
(16)(15) 'Certificate of number' means registration card. 'Operator' means the person who operates or has charge or command of the navigation or use of a vessel or watercraft.
(17)(16) 'Temporary certificate of number' is a department-designated copy of a watercraft application. 'Outboard motor' means a completely self-contained propulsion system, excluding the fuel supply which is used to propel a watercraft and which is detachable from the watercraft as a unit. No outboard motor of less than five horsepower or its equivalent is required to be titled under this chapter.
(18)(17) 'Hull identification number' means the letter and number combination required by the United States Coast Guard or its successor agency on all watercraft manufactured after November 1, 1972. 'Owner' means a person, other than a lienholder, who claims lawful possession of a vessel by virtue of legal title or equitable interest in it which entitled him to possession.
(19)(18) 'Serial number' means the identifying manufacturer's number affixed to a watercraft before November 2, 1972, and to outboard motors before, on, and after that date. The serial number of watercraft manufactured after November 1, 1972, is part of the hull identification number. 'Passenger' means every person carried on board a vessel other than:
(a) the owner or his representative;
(b) the operator;
(c) bona fide member of the crew engaged in the business of the vessel who have contributed no consideration for their carriage and who are paid for their services; or
(d) a guest on board a vessel, which is being used exclusively for pleasure purposes, who has not contributed consideration, directly or indirectly, for his carriage.
(20)(19) 'Department' means the South Carolina Department of Natural Resources. 'Person' means an individual, a partnership, a firm, a corporation, an association, or other legal entity.
(21)(20) 'Reportable boating accident' means an accident, collision, or other casualty involving a vessel subject to this chapter which results in loss of life, injury which results in loss of consciousness, necessity for medical treatment, necessity to carry a person from the scene, disability which prevents the discharge of normal duties beyond the day of casualty, or actual physical damage to property including vessels in excess of one thousand dollars.
(22)(21) 'Serial number' means the identifying manufacturer's number affixed to a watercraft before November 2, 1972, and to outboard motors before, on, and after that date. The serial number of watercraft manufactured after November 1, 1972, is part of the hull identification number.
(23)(22) 'Temporary certificate of number' is a temporary registration assigned to a vessel to allow operation for a limited purpose.
(24)(23) 'Undocumented vessel' means a vessel which does not have and is not required to have a valid marine document issued by the United States Coast Guard or federal agency successor to it.
(25)(24) 'Use' means operate, navigate, or employ.
(26)(25) 'Vessel' means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.
(27)(26) 'Water device' means a motorboat, boat, personal watercraft or vessel, water skis, an aquaplane, surfboard, or other similar device.
(28)(27) 'Waters of the State' means waters within the territorial limits of the State but not private lakes or ponds."
SECTION ___. Section 50-21-110 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-21-110. (1)(A) No person may use operate any motorboat, boat, or vessel, or manipulate any water skis, aquaplane, surfboard, or similar water device in a negligent manner so as to endanger the life, limb, or property of any person.
(2) No person may use any motorboat, boat, or vessel, or use any water skis, aquaplane, surfboard, or similar device while under the influence of alcohol, any narcotic drug, barbiturate, marijuana or hallucinogen.
(3) Any person convicted of negligent operation of a vessel or of operating a vessel while under the influence of intoxicating liquids, narcotic drugs, barbiturates, or marijuana, in addition to any other penalties, may be prohibited by the court having jurisdiction of such violation, from operating any vessel on any waters of this State for a period of not more than two years.
(B) Negligent operation includes, but is not limited to, operating a water device at more than idle speed in a no wake zone, failing to maintain a proper lookout for other boats or persons, operating too fast for conditions on the water, or pulling a skier through a congested area.
(C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty nor more than two hundred dollars or imprisoned not more than thirty days for each violation.
(D) In addition to other penalties, the department shall require any person who is convicted under this section three times within a five-year period to attend and complete a boating safety education program approved by the department. The person required to attend the class shall reimburse the department for the expense of the class. A person's privilege to operate a water device within this State must be suspended until successful completion of the required class."
SECTION ___. The 1976 Code is amended by adding:
"Section 50-21-111. (A) A person who operates any water device in such a manner as to indicate either a wilful or wanton disregard for the safety of persons or property is guilty of reckless operation.
(B) Reckless operation includes, but is not limited to, weaving through congested vessel traffic at more than idle speed; or crossing or jumping the wake of another vessel within two hundred feet of that vessel; or crossing the path or wake of another vessel when the visibility around the other vessel is obstructed; or maintaining a collision course with another vessel or object and swerving away in close proximity to the other vessel or object.
(C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days.
(D) A person convicted of reckless operation, in addition to any other penalties, shall be required by the department to attend and complete a boating safety education program approved by the department. The person required to attend the program shall reimburse the department for the expense of the program. A person's privilege to operate a water device within this State shall be suspended until successful completion of the required program.
A person's privilege to operate a water device within this State shall be suspended by the department for a period of ninety days upon conviction of a second offense of reckless operation of a water device within a five-year period. Following the ninety-day suspension, the person's privilege shall remain suspended until successful completion of a boating safety education program approved by the department. The person required to attend the program shall reimburse the department for the expense of the program."
SECTION ___. Section 50-21-112 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-21-112. (A) A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, operates, navigates, steers, or drives a moving vessel, or is in actual physical control of a moving vessel, or manipulates any moving water skis, moving aquaplane, moving surfboard, or similar moving device upon the waters of this State and does any act forbidden by law or neglects a duty imposed by law, which proximately causes great bodily injury or death of a person other than himself, is guilty of a felony and, upon conviction, must be punished:
(1) by a fine of not less than five thousand dollars nor more than ten thousand dollars and imprisonment for not less than thirty days nor more than ten years when great bodily injury results;
(2) by a fine of not less than ten thousand dollars nor more than twenty-five thousand dollars and imprisonment for not less than one year nor more than ten years when death results.
(B) As used in subsection (A) "great bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ.
(C) A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, operates, navigates, steers, or drives a vessel, or is in actual physical control of a moving vessel, or manipulates any moving water skis, moving aquaplane, moving surfboard, or similar moving device upon the waters of this State and does any act forbidden by law or neglects a duty imposed by law, which act or neglect proximately causes damage to property other than his own, or injury other than great bodily injury to a person other than himself, is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than one hundred nor more than two hundred dollars or imprisonment for not more than thirty days.
(D) The department must suspend the privilege of a person who is convicted or who pleads guilty or nolo contendere under this section to operate, navigate, steer, or drive a vessel or be in actual physical control of a moving vessel or manipulates any moving water skis, moving aquaplane, moving surfboard, or similar moving device on waters of this State for a period to include any term of imprisonment plus:
(1) three years in the case of death or great bodily injury; or
(2) one year in the case of property damage or injury other than great bodily injury.
(E) A person who, while operating privileges are under suspension, operates, navigates, steers, or drives a vessel or is in actual physical control of a moving vessel or manipulates any moving water skis, moving aquaplane, moving surfboard, or similar moving device, on waters of this State is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than one hundred dollars nor more than two hundred dollars or imprisonment for not more than thirty days.
(A) It is unlawful for a person to operate a water device within this State while under the:
(1) influence of alcohol to the extent that the person's faculties to operate are materially and appreciably impaired;
(2) influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person's faculties to operate are materially and appreciably impaired; or
(3) combined influence of alcohol and any other drug or drugs, or substances which cause impairment to the extent that the person's faculties to operate are materially and appreciably impaired.
For purposes of this section 'drug' means illicit or licit drug, a combination of licit or illicit drugs, a combination of alcohol and an illicit drug, or a combination of alcohol and a licit drug.
(B) A person violating this section is guilty of a misdemeanor and, upon conviction, must be punished:
(1) for a first offense, by a fine of two hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days. However, in lieu of the forty-eight hour minimum imprisonment, the court may provide for forty-eight hours of public service employment. The minimum forty-eight hour imprisonment or public service employment must be served at a time when it does not interfere with the offender's regular employment under terms and conditions, as the court considers proper. However, the court may not compel an offender to perform public service employment instead of the minimum sentence;
(2) for a second offense, by a fine of not less than two thousand dollars nor more than five thousand dollars and imprisonment for not less than forty-eight hours nor more than one year. However, the fine imposed by this item may not be suspended in an amount less than one thousand dollars. Instead of service of imprisonment, the court may require that the individual complete an appropriate term of public service employment of not less than ten days upon terms and conditions the court considers proper. Upon imposition of a sentence of public service, the defendant may apply to the court to be allowed to perform his public service in his county of residence if he has been sentenced to public service in a county where he does not reside;
(3) for a third offense, by a fine of not less than three thousand five hundred dollars nor more than six thousand dollars and imprisonment for not less than sixty days nor more than three years.
(C) Any person convicted of operating a water device in violation of subsection (A), in addition to any other penalties, must be prohibited by the department from operating any water device within this State for six months for the first conviction, one year for the second conviction, and two years for the third conviction. Only those violations, which occurred within ten years including and immediately preceding the date of the last violation, shall constitute prior violations within the meaning of this section.
A person whose privilege is suspended under the provisions of this section must be notified of suspension by the department of the requirement to be evaluated by and successfully complete an alcohol and drug safety action program certified by the Department of Alcohol and Other Drug Abuse Services prior to reinstatement of the privilege. An assessment of the degree and kind of alcohol and drug abuse problem, if any, of the applicant must be prepared and a plan of education or treatment, or both, must be developed based upon the assessment. Entry into and successful completion of the services, if such services are necessary, recommended in the plan of education or treatment, or both, developed for the applicant is a mandatory requirement of the restoration of privileges to the applicant. The applicant shall bear the cost of the services to be determined by the administering agency and approved by the Department of Alcohol and Other Drug Abuse Services. The cost may not exceed seventy-five dollars for assessment, one hundred twenty-five dollars for education services, two hundred twenty-five dollars for treatment services, and three hundred dollars in total for any and all services. No applicant may be denied services due to an inability to pay. The applicant shall be terminated from the Alcohol and Drug Safety Action Program no later than six months after the date of program enrollment. If the applicant has not successfully completed the services as directed by the Alcohol and Drug Safety Action Program by the end of the six-month period of enrollment, a hearing must be provided by the administering agency and if further needed by the Department of Alcohol and Other Drug Abuse Services.
The department and the Department of Alcohol and Other Drug Abuse Services shall develop procedures necessary for the communication of information pertaining to reinstating the privilege, or otherwise. The procedures must be consistent with the confidentiality laws of this State and the United States.
A person convicted under this section, in addition to any other penalties, shall be required by the department to attend and complete a boating safety education program approved by the department. The person required to attend the program shall reimburse the department for the expense of the program. The person's privilege to operate a water device within this State shall be suspended until successful completion of the required program.
(D) The suspension penalties assessed under this section are in addition to and not in lieu of any other civil remedies or criminal penalties which may be assessed. No part of the minimum sentences provided in this section may be suspended.
(E) For the purposes of this chapter any conviction, entry of a plea of guilty or of nolo contendere or forfeiture of bail, for the violation of any law or ordinance of this or any other state or any municipality of this or any other state that prohibits any person from operating a vessel or water device while under the influence of alcohol or drugs or a combination of both constitutes a prior offense for the purpose of any prosecution for any subsequent violation of this section. Only those offenses which occurred within a period of ten years including and immediately preceding the date of the last offense constitutes prior offenses within the meaning of this section."
SECTION ___. Chapter 21, Title 50 of the 1976 Code is amended by adding:
"Section 50-21-113. (A) A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs operates a moving water device, or is in actual control of a moving water device within this State and causes great bodily injury or death of a person other than himself, is guilty of a felony and, upon conviction, must be punished by a mandatory fine of not less than:
(1) five thousand dollars nor more than ten thousand dollars and mandatory imprisonment for not less than thirty days nor more than fifteen years when great bodily injury results;
(2) ten thousand dollars nor more than twenty-five thousand dollars and mandatory imprisonment for not less than one year nor more than twenty-five years when death results.
No part of the mandatory sentences required to be imposed by this section may be suspended, and probation may not be granted for any portion.
(B) As used in subsection (A) 'great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
(C) A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs operates or is in actual control of a moving a water device within this State and causes damage to property other than his own, or injury other than great bodily injury to a person other than himself, is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than five hundred dollars or imprisonment for not more than thirty days, or both.
(D) The department shall suspend the privilege of a person who is convicted or who pleads guilty or nolo contendere under this section to operate a water device or be in actual control of a moving water device within this State for a period to include any term of imprisonment plus:
(1) three years in the case of death or great bodily injury; or
(2) one year in the case of property damage or injury other than great bodily injury.
(E) The suspensions under this section are in addition to and not in lieu of any other civil remedies or criminal penalties."
SECTION ___. Section 50-21-114 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-21-114. (A)(1) A person who operates, navigates, steers, or drives a vessel, or is in actual physical control of a moving vessel, or manipulates any moving water skis, moving aquaplane, moving surfboard, or similar moving device, which is involved in a reportable boating accident or marine casualty upon the waters of this State, a water device is considered to have given consent to a chemical test tests or analysis of his breath, blood, or urine to determine the presence of alcohol, or drugs, or a combination of both, if arrested for an offense arising out of acts alleged to have been committed while the person was operating or in physical control of a moving vessel directing the operation of a water device while under the influence of alcohol, drugs, or a combination of them both. A test given must be administered at the direction of a the arresting law enforcement officer who has apprehended a person for operating, navigating, steering, or driving a vessel, or being in actual physical control of a moving vessel, or manipulating any moving water skis, moving aquaplane, moving surfboard, or similar moving device upon the waters of this State while under the influence of alcohol, drugs, or a combination of them. At the direction of the arresting officer, the person first must be offered a breath test to determine the alcohol concentration of his blood. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth, is unconscious, dead, or for any other reason considered acceptable by licensed medical personnel, a blood sample may be taken. If the officer has reasonable grounds to believe the person is under the influence of drugs other than alcohol, the officer may order that a urine sample be taken for testing. If the breath analysis reading is ten one-hundredths of one percent or above by weight of alcohol in the person's blood, the officer may not require additional tests of the person as provided in this chapter.
(2) The breath test must be administered by a person trained and certified by the South Carolina Law Enforcement Division, SLED, using methods approved by SLED. The arresting officer may not administer the tests so long as it is done in conformity with the standards set out by SLED. Blood and urine samples must be taken by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, or other medical personnel trained to take the samples in a licensed medical facility. Blood samples or urine samples must be obtained and handled in accordance with procedures approved by SLED. No tests may be administered or samples taken unless the person has been informed that he does not have to take the test or give the samples but that his privilege to operate, navigate, steer, or drive a vessel, or be in actual physical control of a moving vessel, or manipulate any moving water skis, moving aquaplane, moving surfboard, or similar moving a water device must be suspended or denied for one hundred eighty days if he refuses to submit to the tests.
(3) A hospital, physician, qualified technician, chemist, or registered nurse who takes samples or conducts the test or participates in the process of taking the samples or conducting the test in accordance with this section is not subject to a cause of action for assault, battery, or any other cause contending that the drawing of blood or taking of samples at the request of the arrested person or a law enforcement officer was wrongful. This release from liability does not reduce the standard of medical care required of the person taking the samples or conducting the test. This qualified release also applies to the employer of the person who conducts the test or takes the samples. No person may be required by the arresting officer, or by any other law enforcement officer, to obtain or take any sample of blood or urine.
(4) The person tested or giving samples for testing may have a qualified person of his own choosing conduct additional tests at his expense and must be notified of that right. A person's failure to request additional blood or urine tests is not admissible against the person in a criminal trial. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples taken at the direction of the law enforcement officer.
(5) The arresting officer shall provide reasonable assistance to the person to contact a qualified person to conduct additional tests.
(6) SLED shall administer the provisions of this subsection and may promulgate regulations necessary to carry out its provisions. The cost of the tests administered at the direction of the law enforcement officer must be paid from the general fund of the State. A fee of fifty dollars is assessed, at the time of the sentencing, persons convicted of, pleading guilty or nolo contendere to, or forfeiting bond for violating Section 50-21-112 or Section 50-12-113. This fee must be forwarded by the county treasurer to the State Treasurer and credited to the general fund of the State to defray any costs incurred by SLED and individuals and institutions obtaining the samples forwarded to SLED.
(B) In any criminal prosecution for a violation of Section 50-21-112 where a test or tests were administered pursuant to this chapter, the amount of alcohol in the person's blood at the time of the alleged violation, as shown by chemical analysis of the person's breath or other body fluids, gives rise to the following inferences:
(1) If there was at that time five one-hundredths of one percent or less by weight of alcohol in the person's blood, it is presumed conclusively that the person was not under the influence of alcohol.
(2) If there was at that time in excess of five one-hundredths of one percent but less than ten one-hundredths of one percent by weight of alcohol in the person's blood, that fact does not give rise to any inference that the person was or was not under the influence of alcohol, but that fact may be considered with other competent evidence in determining the guilt or innocence of the person.
(3) If there was at that time ten one-hundredths of one percent or more by weight of alcohol in the person's blood, it may be inferred that the person was under the influence of alcohol.
(C) The provisions of this section may not be construed as limiting the introduction of other competent evidence bearing upon the question of whether or not the person was under the influence of alcohol, drugs, or a combination of them. Refusal, resistance, obstruction, or opposition to testing pursuant to this section is admissible as evidence at the trial of a person charged with the offense that precipitated the request for testing.
(D) A person who is unconscious or otherwise in a condition rendering him incapable of refusal is considered to be informed and not to have withdrawn the consent provided by subsection (A).
(E) If a person under arrest refuses, upon the request of a law enforcement officer, to submit to chemical tests provided in subsection (A), none may be given, but the department, on the basis of a report from the law enforcement officer that the arrested person was operating, navigating, steering, or driving a vessel, or was in actual physical control of a moving vessel, or was manipulating any moving water skis, moving aquaplane, moving surfboard, or similar moving a water device upon the waters of within this State while under the influence of alcohol, drugs, or a combination of them, and that the person had refused to submit to the tests, shall must suspend his privilege to perform the activity above-mentioned activities for one hundred eighty days. The one hundred eighty-day period of suspension begins with the day after the date of the notice required to be given, unless a hearing is requested as provided, in which case the one hundred eighty-day period begins with the day after the date of the order sustaining the suspension. The report of the arresting officer must include what grounds he had for believing the arrested person was conducting the above-mentioned activity while under the influence of alcohol, drugs, or a combination of them. If the arrested person took a chemical breath test but refused to provide a blood or urine sample, the report of the arresting officer must include the officer's grounds for believing the arrested person was under the influence of drugs other than alcohol. If a person who refuses, upon the request of a law enforcement officer, to submit to chemical tests as provided in subsection (A), pleads guilty or nolo contendere to, or forfeits bond for a violation of Section 50-21-112, within thirty days of arrest, the period of the suspension under this section must be canceled.
(F) Upon suspending the operating privilege of a person, the department immediately shall notify the person in writing and upon his request give him an opportunity for a hearing as provided in Sections 50-9-1050(b) and 50-9-1060 Article 3, Chapter 23, Title 1 of the 1976 Code. The review must be scheduled by the department within twenty days after the receipt of the request Administrative Law Judge Division in accordance with the division's procedural rules. The scope of the hearing is limited to the issues of whether the person was placed under arrest, whether the person had been informed that he did not have to take the tests but that his privilege to operate a vessel would be suspended or denied if he refused to submit to the tests, and whether he refused to submit to the tests upon request of the officer set out by the Administrative Procedures Act and the division's procedural rules. Upon review order of the administrative law judge, the department either shall rescind its order of suspension or, if there is good cause, continue the suspension of the privilege.
(G) If a boating accident or marine casualty involves a fatality, the coroner having jurisdiction shall direct that a chemical blood test be performed on the deceased, within forty-eight hours of receiving notification of the death, shall direct that a chemical blood test to determine blood alcohol concentration or the presence of drugs, be performed on the deceased and that the results of the test be recorded properly in the coroner's report.
(H) The suspensions under this section are in addition to and not in lieu of any other civil remedies or civil penalties which may be assessed."
SECTION ___. Section 50-21-115 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-21-115. When the death of any a person ensues within one year as a proximate result of injury received by the operation of a boat in reckless disregard of the safety of others, the person operating the boat shall be guilty of reckless homicide. Any A person convicted of reckless homicide or any person who enters a plea of guilty of reckless homicide and receives sentence thereon shall be punished by a fine of fined not less than one thousand dollars nor more than five thousand dollars or by imprisonment imprisoned for not more than five ten years, or both. Any A person convicted of reckless homicide, involuntary manslaughter, manslaughter, or murder in the operation of a boat shall be prohibited by the court having jurisdiction of such violations from operating any boat in the waters of within this State for a period of not more than five years."
SECTION ___. Chapter 21, Title 50 of the 1976 Code is amended by adding:
"Section 50-21-116. Notwithstanding any other provision of law, a person must submit to either one or a combination of chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol, drugs, or a combination of alcohol and drugs, if there is probable cause to believe that the person violated or is under arrest for a violation of Section 50-21-113.
The tests must be administered at the direction of a law enforcement officer who has probable cause to believe that the person violated or is under arrest for violation of Section 50-21-113. The administration of one test does not preclude the administration of other tests. The resistance, obstruction, or opposition to testing pursuant to this section is evidence admissible at the trial of the offense which precipitated the requirement for testing. A person who is tested or gives samples for testing may have a qualified person of his choice conduct additional tests at his expense and must be notified of that right. A person's request or failure to request additional blood or urine tests is not admissible against the person in the criminal trial.
The provisions of Section 50-21-114, relating to the administration of tests to determine a person's alcohol concentration, additional tests at the person's expense, the availability of other evidence on the question of whether or not the person was under the influence of alcohol, drugs, or a combination of them, availability of test information to the person or his attorney, and the liability of medical institutions and person administering the tests are applicable to this section and also extend to the officer requesting the test, the State or its political subdivisions, or governmental agency, or entity which employs the officer making the request, and the agency, institution, or employer, either governmental or private, of persons administering the tests. Notwithstanding any other provision of law pertaining to confidentiality of hospital records or other medical records, information regarding tests performed pursuant to this section must be released, upon subpoena, to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of Section 50-21-113."
SECTION ___. The 1976 Code is amended by adding:
"Section 50-21-117. (A) A person who operates any water device while his privileges are suspended is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned for thirty days for the first violation; for a second violation must be fined five hundred dollars and imprisoned for sixty consecutive days; and for a third or subsequent violation must be imprisoned for not less than ninety days nor more than six months, no portion of which may be suspended by the trial judge.
(B) If the privileges of the person convicted were suspended pursuant to the provisions of Section 50-21-112 or 50-21-113, he must be punished as follows and no part of the minimum sentence may be suspended:
(1) for a first offense, imprisoned for not less than ten nor more than thirty days;
(2) for a second offense, imprisoned for not less than sixty days nor more than six months;
(3) for a third and subsequent offense, not less than six months nor more than three years.
(C) A person who is convicted under the provisions of subsection (A) must have his privileges suspended for an additional three years by the department.
(D) The suspension penalties assessed under this section are in addition to and not in lieu of any other civil remedies or criminal penalties which may be assessed."
SECTION ___. Section 50-21-120 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-21-120. Neither the owner, his agent, or employees of a boat livery nor his agent or employees operating in this State shall permit any of his vessels vessel to depart from his premises unless it shall be is in sound and safe operating condition, have a valid registration, be is properly numbered and has been is provided, either by the owner or the renter, with the equipment required pursuant to Section 50-21-610 and any rules and regulations made pursuant thereto; and the owner of a boat livery shall be liable for such damage or injury which may result directly from his failure to meet the requirements of this paragraph; provided, however, that readily identifiable livery boats of less than twenty-six feet in length leased or rented to another for the latter's noncommercial use for less than seven days may have the registration certificate retained ashore by the owner or his representative.
The owner of a vessel shall be liable for any injury or damage occasioned by the negligent operation of such vessel whether such the negligence consists of a violation of the provisions of the statutes of this State or neglecting to observe such the ordinary care in such the operation as the rules regulations of common law require. The owner shall not be liable, however, unless such the vessel is being used with his or her express or implied consent or is in the possession of any a person or organization legally responsible therefor. It shall be presumed that such the vessel is being operated with the knowledge and consent of the owner if, at the time of the injury or damage, it is under control of a member of the owner's household. Nothing contained herein shall be construed to relieve any other person from any liability which he would otherwise have. Provided, the owner of a boat livery shall not be liable as an owner as provided in this paragraph, and in case of any negligent injury or damage occasioned by the operation of a vessel rented or hired from a boat livery, the operator of the vessel shall be liable as owner thereof."
SECTION ___. Section 50-21-130 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-21-130. (1)(A) It shall be is the duty of the operator of a vessel involved in a collision, accident, or other casualty, so far as if he can do so without serious danger to his own vessel, crew, passengers, and guests, to render assistance as may be practical or necessary to other persons affected by the collision, accident, or other casualty including personal injury or property damage such assistance as may be practicable and as may be necessary in order to save them from or minimize any danger caused by the collision, accident, or other casualty, and also to give his name, address, and identification of his vessel in writing to any person injured and to the owner of any property damaged in the collision, accident, or other casualty. A person who fails to stop or to comply with the requirements of this section, is guilty of:
(1) a misdemeanor, when personal injury or property damage results but great bodily injury or death does not result; and, upon conviction, must be imprisoned not less than thirty days nor more than one year or fined not less than one hundred dollars nor more than five thousand dollars, or both;
(2) a felony when great bodily injury results and, upon conviction, must be imprisoned not less than thirty days nor more than ten years and fined not less than five thousand dollars nor more than ten thousand dollars; or
(3) a felony when death results and, upon conviction, must be imprisoned not less than one year nor more than twenty-five years and fined not less than ten thousand dollars nor more than twenty-five thousand dollars.
(2)(B) Any person who complies with subsection (1) of this section or who gratuitously and in good faith renders assistance at the scene of a vessel collision, accident, or other casualty without objection of any person assisted, shall not be held liable for any civil damages as a result of the rendering of assistance or for any act or omission in providing or arranging salvage, towage, medical treatment, or other assistance where the assisting person acts as an ordinary, reasonably prudent man would have acted under the same or similar circumstances.
(3)(C) In the case of a reportable accident, the operator or owner of any vessel involved shall file with the appropriate agency of the State wherein the accident occurred a full description of the accident with the department, including such any information as the agency department may, by regulation, require. If the operator or owner is incapable of making such the report, the investigating officer shall submit such the report.
(4)(D) Any such The report shall be without prejudice, shall be for the information of the department, and shall not be open to public inspection. Provided, however, the report shall be made available upon written request to any person injured or damaged or to any person alleged to have caused injury or damage in the accident, or to his attorney. The fact that such report has been made shall be admissible in evidence solely to show compliance with this section but no such report nor any part thereof nor any statement contained therein shall be admissible as evidence for any purpose in any civil trial. An insured may not be reimbursed for property lost until he files a report in compliance with this section.
(5)(E) The department shall make regulations to administer a State Casualty Reporting System which shall be in conformity with that established by the United States Coast Guard.
(F) The department must suspend the privileges of a person convicted under this section for:
(1) two years if the operator of a vessel is convicted of not rendering assistance to persons affected in a collision, accident, or other casualty;
(2) one year if the operator of a vessel is convicted of not reporting a boating accident;
(3) a person's privilege to operate a watercraft shall not be reinstated until the person attends and completes a boating safety education program approved by the department. The person required to attend the class shall reimburse the department for the expense of the program.
(G) The suspension penalties assessed under this section are in addition to and not in lieu of any other civil remedies or criminal penalties which may be assessed."
SECTION ___. Section 50-21-150 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-21-150. (A) A person who violates a provision of Section 50-21-110 or the implementing regulations is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty nor more than two hundred dollars or imprisoned not more than thirty days for each violation.
(B) A person who violates this chapter or regulations promulgated by the department pursuant to it where the penalty is not specified is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five nor more than two hundred dollars or imprisoned not more than thirty days for each violation."
SECTION ___. Section 50-21-320(A)(1) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(1) covered by a certificate of number in effect which has been issued to it pursuant to federal law or a federally approved numbering system of another state. However, this vessel must not be used on the waters of this State for more than ninety sixty consecutive days;"
SECTION ___. Section 50-21-340 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-21-340. The owner of each motorboat requiring numbering by this chapter shall file an application for a number with the department on forms approved by it. The application shall be signed by the owner of the motorboat and shall be accompanied by a fee of ten dollars. Upon receipt of the application in approved form, the department shall enter the same upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the motorboat and the name and address of the owner. The certificate of number shall be pocket size."
SECTION ___. Section 50-21-370(B) of the 1976 Code as last amended by Act 128 of 1993, is further amended to read:
"(B) The department may issue a certificate of number for demonstration and testing purposes to a permitted marine dealer or marine manufacturer. The certificate of number is valid from the date of issue to December thirty-first each year or a change in business ownership, change of business name, relocation of the business, or termination of the business, whichever occurs first. The registration card must be marked clearly "dealer" or "manufacturer". When using a recently purchased watercraft under authority of a temporary certificate of number the operator shall carry a copy of the bill of sale and the temporary certificate of number on board as proof of ownership."
SECTION ___. Section 50-21-710 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-21-710. (1)(A) As used in this section:
(a)(1) 'Aids to navigation' means any device designed or intended to assist a navigator to determine his position or safe course or to warn him of danger or obstructions to navigation.
(b)(2) 'Regulatory markers' means any device which indicates to a vessel operator the existence of dangerous areas as well as those which are intended to restrict or control, such as speed zones and areas dedicated to a particular use or to provide general information and directions. This includes bathing markers, speed zone markers, information markers, danger zone markers, boat keep out areas, mooring buoys, wharves, docks, obstructions or hazards to navigation and any activity, object, or construction in the waters of the State.
(2)(B) The department may make rules for the uniform marking of the water areas in this State through the placement of aids to navigation and regulatory markers. Such rules shall establish a marking system compatible with the system of aids to navigation prescribed by the United States Coast Guard. No city, county, or person shall mark or obstruct the waters of this State in any manner so as to endanger the operation of watercraft or conflict with the marking system prescribed by the department.
(3)(C) The operation of any vessel within a prohibited areas area that are is marked shall be prima facie evidence of negligent operation unless the seriousness of the operation within a prohibited area constitutes reckless operation.
(4)(D) It shall be unlawful for a person to operate a vessel on the waters of this State in a manner other than that prescribed or permitted by regulatory markers.
(5)(E) No person shall moor or fasten a vessel to or willfully wilfully damage, tamper, remove, obstruct, or interfere with any aid to navigation or regulatory marker established pursuant to this chapter.
(6)(F) A person who violates a provision or regulation promulgated pursuant to this section is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 50-21-150(2)."
SECTION ___. Section 50-21-870(B) of the 1976 Code, as added by Act 291 of 1996, is amended to read:
"(B) No person may:
(1)(a) operate, be in possession of, or give permission to operate a personal watercraft or specialty propcraft while upon the waters of this State unless each person aboard the personal watercraft or specialty propcraft is wearing a United States Coast Guard approved personal flotation device, Type I, Type II, Type III, or Type V.;
(b) operate, be in possession of, or give permission to operate a Class 'A' motor boat while upon the waters of this State unless each person under the age of twelve aboard the Class 'A' motor boat is wearing a United States Coast Guard approved personal flotation device, Type I, Type II, Type III, or Type V.;
Each personal flotation device must be fastened properly, in good and serviceable condition, and the proper size for the person wearing it;
(2) operate or be in possession of a personal watercraft or specialty propcraft while upon the waters of this State after sunset or before sunrise;
(3) operate or be in possession of a personal watercraft or specialty propcraft while upon the waters of this State unless it is equipped with a self-circling device or a lanyard-type engine cutoff switch;
(4) operate or be in possession of while upon the waters of this State a personal watercraft or specialty propcraft which has been equipped by the manufacturer with a lanyard-type engine cutoff switch unless the lanyard and the switch are operational and unless the lanyard is attached to the operator, the operator's clothing, or a personal flotation device worn by the operator;
(5) operate or be in possession of while upon the waters of this State a personal watercraft or specialty propcraft which has been equipped by the manufacturer with a self-circling device if the self-circling device or the engine throttle has been altered in a way that would prohibit the self-circling device from operating in its intended manner;
(6) operate a personal watercraft, specialty propcraft, or vessel while upon the waters of this State in excess of idle speed within 50 fifty feet of a moored or an anchored vessel, wharf, dock, bulkhead, pier, or a person in the water, or within 100 one hundred yards of the Atlantic Ocean coast line;
(7) chase, harass, molest, worry, or disturb wildlife with a personal watercraft, specialty propcraft, or vessel except while lawfully angling for, hunting, or trapping wildlife;
(8) tow a water skier or a person on a floating device with a personal watercraft or specialty propcraft unless the watercraft is equipped with a wide-angled mirror which permits the operator to observe the person being towed or carrying a person other than the operator who is in position to observe the person being towed. No person may tow a water skier or a floating device unless the person being towed is wearing a personal flotation device as provided in item (1). A personal watercraft or specialty propcraft may be used to tow another vessel when rendering assistance;
(9) operate while upon the waters of this State a personal watercraft, specialty propcraft, or vessel in a manner which unreasonably or unnecessarily endangers life, limb, or property including, but not limited to, weaving through congested vessel traffic, jumping the wake of another vessel unreasonably or unnecessarily close to the other vessel or when visibility around the other vessel is obstructed, and swerving at the last possible moment to avoid collision;
(10) operate while upon the waters of this State a personal watercraft, specialty propcraft, or vessel in a manner so as to leave the water completely while crossing the wake of another vessel within two hundred feet of the vessel creating the wake.
(11)(a) operate a personal watercraft, specialty propcraft, or vessel if he is younger than 16 sixteen years of age, unless accompanied by an adult, eighteen years or older, who is not under the influence of alcohol, drugs, or a combination of them. However, a person younger than sixteen years of age may operate a personal watercraft, specialty propcraft, or vessel without being accompanied by an adult if one or more of the following applies:
( i) the person completes a boating safety program as administered by the Department of Natural Resources; or
( ii) the person completes a boating safety program approved by the Department of Natural Resources.;
(iii) anyone operating a vessel with less than 15 fifteen horsepower engine will not be required to take the boating safety program.
(b) It is unlawful for a person who has temporary or permanent responsibility for a child to knowingly or wilfully violate item (11)(9) of subsection (B).
(c) The Department of Natural Resources shall promulgate regulations relating to boating safety programs administered by the department or subject to its approval."
SECTION ___. Section 50-21-870(B)(6) of the 1976 Code is amended to read:
"(6) operate a personal watercraft, specialty propcraft, or vessel while upon the waters of this State in excess of idle speed within 50 feet of a moored or an anchored vessel, wharf, dock, bulkhead, pier, or a person in the water, or within 100 yards of the Atlantic Ocean coast line;. The prohibitions contained in this item (6) do not apply to an unoccupied, moored vessel or watercraft;"
SECTION ___. Section 50-23-70(A) of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:
"(A) A fee of three dollars shall accompany is required for each application for a certificate of title, as required by the provisions of this chapter, with the exception of except for those applications for duplicates of certificates of title for which must be accompanied by a the fee of is one dollar. Any watercraft which is propelled by land hand with oar, paddle, or similar device shall not require a certificate of title unless the owner requests such a certificate."
SECTION ___. Section 50-23-220 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-23-220. All fees received and money collected under the provisions of this chapter must be deposited in the State Treasury and set apart in a special fund. Appropriations from this fund must be used for the expenses of the department in administering the provisions of this chapter or for any purpose related to the mission of the department.
All fees received and money collected under the provisions of this chapter must be deposited in the State Treasury and set apart in a special fund. Appropriations from this fund must be used for the expenses of the department in administering the provisions of this chapter or for any purpose related to the mission of the department."
SECTION ___. Chapter 23, Title 50 of the 1976 Code is designated and named "Watercraft and Outboard Motors". Sections 50-23-10 through and inclusive of 50-23-290 are designated Article 1, Chapter 23, Title 50, and named "Titling of Watercraft and Outboard Motors". Article 3, Chapter 21, Title 50 of the 1976 Code is redesignated as Article 3, Chapter 23, Title 50 and named "Numbering". The Code Commissioner is directed to renumber the sections of Article 3, Chapter 21, Title 50 in a manner consistent with the intent of this section.
SECTION ___. Sections 50-21-390, 50-21-410, and 50-23-10 are repealed.
SECTION ___. This act takes effect upon approval by the Governor. Rights and liabilities, and cases and appeals arising or pending under the law prior to the effective date of this act, are saved. /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
Senator CORK proposed the following Amendment No. 1 (4110R001.HAC), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered new SECTIONS to read:
/ SECTION ___. Chapter 21, Title 50 of the 1976 Code is amended by adding:
"Section 50-21-138. There is established a no wake zone on that portion of Lucy Point Creek in Beaufort County lying between N lat. 032° 28.50' W Long. 080° 37.10' and N 32° 28.75' Long. 080° 36.90'. These boundaries must be clearly marked with signs. The signs must be designed and installed by the department."
SECTION ___. Section 50-21-136(A) of the 1976 Code is amended to read:
"(A) There are established no wake zones on the following creeks and coves on Hilton Head Island in Beaufort County:
Broad Creek, to begin at the end of the existing no wake zone at Palmetto Bay Marina, running upstream in an easterly direction to the Cross Island Parkway Bridge, including all waters to the high tide line; to begin 50 feet downstream of the Broad Creek Marina, running in a northwest to southeast direction to the low tide lines that bound its channel, to 50 feet upstream of Nautical Day Marker Number 10, running in a southwest to northeast direction to 550 feet west east of a dock located at 63 River Club Drive (Lot 3) to the low tide lines that bound its channel; to begin 50 feet downstream of the Long Cove docks, running in a north to south direction to the low tide lines that bound its channel, to 50 feet upstream of the Long Cove docks, running in a north to south direction to the low tide lines that bound its channel; and to begin at Nautical Day Marker Number 19, running upstream in a northeasterly direction to the headwaters of Broad Creek, including all waters to the high tide line.
Old House Creek;
Bear Creek (also known as Park Creek);
Lawton Creek;
Jarvis Creek;
Braddock Cove;
Calibogue Creek (also known as Baynard Cove);
Folly Creek;
Fish Haul Creek (also known as Coggin Creek);
Point Comfort Creek;
Jenkins Creek;
Skull Creek between Nautical Day Marker Number 13 and Nautical Day Marker Number 14.
There is also established a no wake zone between one hundred yards north of Nautical Day Marker Number 40 and Nautical Day Marker Number 41 on the New River in Beaufort County.
The no wake zone boundaries must be marked clearly with signs. The signs must be designed and installed as specified by the department." /
Renumber sections to conform.
Amend title to conform.
Senator CORK explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator J. VERNE SMITH, H. 4110 was ordered to receive a third reading on Wednesday, June 2, 1999.
H. 3834 (Word version) -- Rep. Robinson: A BILL TO AMEND SECTION 2-7-76, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISCAL IMPACT STATEMENTS FOR PROPOSED LEGISLATION AFFECTING COUNTIES OR MUNICIPALITIES, SO AS TO REQUIRE THE ACQUISITION OF A FISCAL IMPACT STATEMENT FROM THE "BOARD OF ECONOMIC ADVISORS" INSTEAD OF FROM THE "DEPARTMENT OF REVENUE" AND TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO APPLICATION OF THE INTERNAL REVENUE CODE TO STATE TAX LAWS, SO AS TO ADOPT APPLICATION OF THE INTERNAL REVENUE CODE AS AMENDED THROUGH TAXABLE YEAR 1998; TO AMEND SECTION 12-6-1120, AS AMENDED, RELATING TO COMPUTATION OF GROSS INCOME FOR STATE TAX PURPOSES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-6-3410, RELATING TO INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO PROVIDE FOR DETERMINING THE PER CAPITA INCOME FOR PURPOSES OF CALCULATING ADDITIONAL TAX CREDIT FOR CREATION OF NEW HEADQUARTERS JOBS BY USING THE MOST RECENT PER CAPITA INCOME DATA AVAILABLE AT THE END OF THE TAXABLE YEAR THE JOBS ARE FILLED; TO AMEND SECTION 12-6-3465, RELATING TO RECYCLING FACILITY TAX CREDITS, SO AS TO UPDATE CODE CROSS REFERENCES; TO AMEND SECTION 12-16-20, RELATING TO DEFINITIONS FOR PURPOSES OF THE ESTATE TAX, SO AS TO DEFINE THE INTERNAL REVENUE CODE AS AMENDED THROUGH 1998; TO AMEND SECTION 12-20-20, RELATING TO FILING OF A CORPORATE ANNUAL REPORT, SO AS TO UPDATE A CROSS REFERENCE; TO AMEND SECTION 12-36-510, AS AMENDED, RELATING TO RETAIL LICENSE REQUIREMENTS, SO AS TO DELETE THE REQUIREMENT THAT A FESTIVAL BE LISTED AS A SPECIAL EVENT WITH THE DEPARTMENT OF PARKS, RECREATION, AND TOURISM; TO AMEND SECTION 12-37-251, AS AMENDED, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO PROVIDE THAT THE BOARD OF ECONOMIC ADVISORS, INSTEAD OF THE DEPARTMENT OF REVENUE, ESTIMATE THE TOTAL SCHOOL TAX REVENUE LOSS FROM THE EXEMPTION; AND TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO TIME LIMITATIONS FOR ASSESSMENT OF TAXES, SO AS TO INCREASE FROM THIRTY TO NINETY THE NUMBER OF DAYS A CORPORATION HAS TO FILE A CLAIM FOR REFUND AFTER AN ADJUSTMENT TO ITS TAXABLE INCOME IS MADE BY THE INTERNAL REVENUE SERVICE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 3 (JUD3834.002) proposed by Senator RANKIN and previously printed in the Journal of Thursday, May 27, 1999, which was adopted.
Amend the bill, as and if amended, page 12, line 25, by adding an appropriately numbered SECTION to read:
/ SECTION ____. Chapter 37, Title 5 of the 1976 Code is amended to read:
Section 5-37-10. This chapter may be referred to as 'the 'Municipal Improvement Act of 1973 1999,'', and any municipal corporation of this State is hereby authorized to exercise the powers and provisions hereof.
Section 5-37-20. As used in this chapter, the following terms shall have the following meanings:
(1) 'Assessment' means a charge against the real property of an owner within an improvement district created pursuant to this chapter which is based either on assessed value, front footage, area, per parcel basis, the value of improvements to be constructed within the district, or any combination of them, as the basis is determined by the governing body of the municipality. In the event the governing body of a municipality determines that another basis for assessment is appropriate or a more equitable allocation of costs among property owners is appropriate, it may substitute such method for any of the foregoing. An assessment imposed upon real property under this chapter remains valid and enforceable in accordance with the provisions of this chapter even if there is a later subdivision and transfer of the property or a part of it. An improvement plan may provide for a change in the basis of assessment upon the subdivision and transfer of real property or upon such other event as the governing body of a municipality considers appropriate.
(2) 'Improvements' include open or covered malls, parkways, parks and playgrounds, recreation facilities, athletic facilities, pedestrian facilities, parking facilities, parking garages, and underground parking facilities, and facade redevelopment, the widening and dredging of existing channels, canals, and waterways used specifically for recreational or other purposes, the relocation, construction, widening, and paving of streets, roads, and bridges, including demolition of them, underground utilities, all activities authorized by Chapter 1 of Title 31 (State Housing Law), any building or other facilities for public use, any public works eligible for financing under the provisions of Section 6-21-50, and all things incidental to the improvements, including planning, engineering, administration, managing, promotion, marketing, and acquisition of necessary easements and land, and may include facilities for lease or use by a private person, firm, or corporation. However, improvements as defined in this chapter must comply with all applicable state and federal laws and regulations governing these activities. Any such improvements may be designated by the governing body as public works eligible for revenue bond financing pursuant to Section 6-21-50, and such improvements, taken in the aggregate, may be designated by the governing body as a 'system' of related projects within the meaning of Section 6-21-40. The governing body of a municipality, after due investigation and study, may determine that improvements located outside the boundaries of an improvement district confer a benefit upon property inside an improvement district or are necessary to make improvements within the improvement district effective for the benefit of property inside the improvement district.
(3) 'Improvement district' means any area within the municipality designated by the governing body pursuant to the provisions of this chapter and within which an improvement plan is to be accomplished. No special improvement district may include the grounds of the State House in the City of Columbia.
(4) 'Improvement plan' means an overall plan by which the governing body proposes to effect improvements within an improvement district to preserve property values, prevent deterioration of urban areas, and preserve the tax base of the municipality, and includes an overall plan by which the governing body proposes to effect improvements within an improvement district in order to encourage and promote private or public development within the improvement district.
(5) 'Governing body' shall mean means the municipal council or other governing body in which the general governing powers of the municipality are vested.
(6) 'Owner' is defined as any person twenty-one years of age, or older, or the proper legal representative for any person younger than twenty-one years of age, and any firm or corporation, who or which owns legal title to a present possessory interest in real estate equal to a life estate or greater (expressly excluding leaseholds, easements, equitable interests, inchoate rights, dower rights, and future interest) and who owns, at the date of the petition or written consent, at least an undivided one-tenth interest in a single tract and whose name appears on the county tax records as an owner of real estate, and any duly organized group whose total interest is at least equal to a one-tenth interest in a single tract.
It is provided, however, that, if any firm or person has a leasehold interest requiring it or him to pay all municipal taxes, such agreement shall not be applicable to charges of the assessment of the district as only the owner has the right to petition on the assessment charge for the improvement district.
Section 5-37-25. A municipality must obtain the consent of the county governing body and any other municipality where the improvement is located to use revenue collected pursuant to this chapter for improvements located outside the municipal boundaries in which the improvement district is located.
Section 5-37-30. The governing body is authorized, within the corporate limits of the city, to acquire, own, construct, establish, install, enlarge, improve, expand, operate, maintain and repair, and sell, lease, and otherwise dispose of any improvement and to finance such acquisition, construction, establishment, installation, enlargement, improvement, expansion, operation, maintenance, and repair, in whole or in part, by the imposition of assessments in accordance with this chapter, by special district bonds, by general obligation bonds of the municipality, or revenue bonds of the municipality from general revenues from any source not restricted from such use by law, or by any combination of such funding sources. In addition to any other authorization provided herein or by other law, the governing body of a municipality may issue its special district bonds or revenue bonds of the municipality under such terms and conditions as the governing body may determine by ordinance subject to the following: such bonds may be sold at public or private sale for such price as is determined by the governing body; such bonds may be secured by a pledge of and be payable from the assessments authorized herein or any other source of funds not constituting a general tax as may be available and authorized by the governing body; such bonds may be issued pursuant to and secured under the terms of a trust agreement or indenture with a corporate trustee and the ordinance authorizing such bonds or trust agreement or indenture pertaining thereto may contain provisions for the establishment of a reserve fund, and such other funds or accounts as are determined by the governing body to be appropriate to be held by the governing body or the trustee. The proceeds of any bonds may be applied to the payment of the costs of any improvements, including expenses associated with the issuance and sale of the bonds and any costs for planning and designing the improvements or planning or arranging for the financing and any engineering, architectural, surveying, testing, or similar costs or expenses necessary or appropriate for the planning, designing, and construction or implementation of any plan in connection with the improvements.
Section 5-37-40. (A) If the governing body finds that:
(1) improvements would be beneficial within a designated improvement district;
(2) the improvements would preserve or increase property values within the district;
(3) in the absence of the improvements, property values within the area would be likely to depreciate, or that the proposed improvements would be likely to encourage development in the improvement district;
(4) the general welfare and tax base of the city would be maintained or likely improved by creation of an improvement district in the city; and
(5) it would be fair and equitable to finance all or part of the cost of the improvements by an assessment upon the real property within the district, the governing body may establish the area as an improvement district and implement and finance, in whole or in part, an improvement plan in the district in accordance with the provisions of this chapter. However, no residential property shall be included as part of an improvement district unless the owner of the residential property gives the governing body written permission to include his property within the district.
(B) If an improvement district is located in a redevelopment project area created under Title 31, Chapter 6, the improvement district being created under the provisions of this chapter must be considered to satisfy items (1) through (5) of subsection (A). The ordinance creating an improvement district may be adopted by a majority of council after a public hearing at which the plan is presented, including the proposed basis and amount of assessment, or upon written petition signed by a majority in number of the owners of real property within the district which is not exempt from ad valorem taxation as provided by law. However, no residential property shall be included as part of an improvement district unless the owner of the residential property gives the governing body written permission to include his property within the district.
Section 5-37-45. The governing body may include within an improvement district an area within the municipality in which the proposed improvements have been constructed or are under construction at the time of the establishment of the improvement district. Before the commencement of the construction of these improvements, a written agreement with the owner of the area to be improved is entered into by the municipality authorizing the construction of the improvements in anticipation of the inclusion of the area which is improved in the improvement district upon such terms and conditions as the governing body agrees, including the reimbursement, as a cost of constructing improvements under this chapter, of any monies expended for the construction before and subsequent to the establishment of the improvement district. Any agreement providing for the construction of the improvements before the establishment of the improvement district must be authorized by an ordinance of the governing body, notice of which must be given by publication in a newspaper of general circulation within the municipality, appearing at least seven days before the final adoption of the ordinance. Any agreements entered into in accordance with the foregoing conditions before the effective date of this section are ratified and confirmed and the area improved declared eligible for inclusion in the improvement district as proposed in the agreement.
Section 5-37-50. The governing body shall, by resolution duly adopted, describe the improvement district and the improvement plan to be effected therein, including any property within the improvement district to be acquired and improved, the projected time schedule for the accomplishment of the improvement plan, the estimated cost thereof and the amount of such cost to be derived from assessments, bonds, or other general funds, together with the proposed basis and rates of any assessments to be imposed within the improvement district. However, no residential property shall be included as part of an improvement district unless the owner of the residential property gives the governing body written permission to include his property within the district. Such resolution shall also establish the time and place of a public hearing to be held within the municipality not sooner than twenty days nor more than forty days following the adoption of such resolution at which any interested person may attend and be heard either in person or by attorney on any matter in connection therewith.
Section 5-37-60. A resolution providing for an improvement district, when adopted, shall be published once a week for two successive weeks in a newspaper of general circulation within the incorporated municipality and the final publication shall be at least ten days prior to the date of the scheduled public hearing. At the public hearing and at any adjournment thereof, all interested persons may be heard either in person or by attorney.
Section 5-37-70. The governing body may provide by the resolution for the payment of the cost of the improvements and facilities to be constructed within the improvement district by assessments on the property therein as defined in Section 5-37-20, or by the issuance of special district bonds, or by general obligation bonds of the municipality, or from general municipal revenues from any source not restricted from such use by law, or from any combination of such financing sources as may be provided in the improvement plan.
Section 5-37-80. The financing of improvements by assessments, bonds, or other revenues, and the proportions thereof, shall be in the discretion of the governing body; and the rates of assessments upon property owners within the improvement district need not be uniform but may vary in proportion to improvements made immediately adjacent to or abutting upon the property of each owner therein, as well as other bases as provided in Section 5-37-20.
Section 5-37-90. The improvements as defined in Section 5-37-20 are to be or become the property of the municipality, State, or other public entity and may at any time be removed, altered, changed, or added to, as the governing body may in its discretion determine; provided, that during the continuance or maintenance of the improvements, the special assessments on property therein may be utilized for the preservation, operation, and maintenance of the improvements and facilities provided in the improvement plan, and for the management and operation of the improvement district as provided in the improvement plan, and for payment of indebtedness incurred therefor.
Section 5-37-100. Not sooner than ten days nor more than one hundred twenty days following the conclusion of the public hearing provided in Section 5-37-50, the governing body may, by ordinance, provide for the creation of the improvement district as originally proposed or with such changes and modifications therein as the governing body may determine, and provide for the financing thereof by assessment, bonds, or other revenues as herein provided. However, no residential property shall be included as part of an improvement district unless the owner of the residential property gives the governing body written permission to include his property within the district. Such ordinance shall not become effective until at least seven days after it has been published in a newspaper of general circulation in the municipality. Such ordinance may incorporate by reference plats and engineering reports and other data on file in the offices of the municipality; provided, that the place of filing and reasonable hours for inspection are made available to all interested persons.
Section 5-37-110. In the event all or any part of improvements and facilities within the district are to be financed by assessments on property therein, the governing body shall prepare an assessment roll in which there shall be entered the names of the persons whose properties are to be assessed and the amount assessed against their respective properties with a brief description of the lots or parcels of land assessed. Immediately after such assessment roll has been completed the governing body shall cause one copy thereof to be deposited in the offices of the municipality for inspection by interested parties, and shall cause to be published at least once in a newspaper of general circulation within the municipality a notice of completion of the assessment roll setting forth a description in general terms of the improvements and providing at least ten days' notice of the time fixed for hearing of objections in respect to such assessments. The time for hearing such objections shall be at least thirty days, and hearings may be conducted by one or more members of the governing body of the municipality, but the final decision on each such objection shall be made by vote of the whole governing body at a public session thereof.
Section 5-37-120. As soon as practicable after the completion of the assessment roll and prior to the publication of the notice provided in Section 5-37-110, the governing body shall mail by registered or certified mail, return receipt requested, to the owner or owners of each lot or parcel of land against which an assessment is to be levied, at the address appearing on the records of the city or county treasurer, a notice stating the nature of the improvement, the total proposed cost thereof, the amount to be assessed against the particular property and the basis upon which the assessment is made, together with the terms and conditions upon which the assessment may be paid. The notice shall contain a brief description of the particular property involved, together with a statement that the amount assessed shall constitute a lien against the property superior to all other liens except property taxes. The notice shall also state the time and place fixed for the hearing of objections in respect to the assessment. Any property owner who fails to file with the municipal council a written objection to the assessment against his property within the time provided for hearing such objections shall be deemed to have consented to such assessment, and the published and written notices prescribed in this chapter shall so state. If all of the owners of property upon which an assessment is to be levied consent in writing to the imposition of such assessment, the provisions of this section shall be deemed satisfied.
Section 5-37-130. The governing body shall hear the objections as provided herein of all persons who have filed written notice of objection within the time prescribed and who may appear and make proof in relation thereto either in person or by their attorney. The governing body, at the sessions held to make final decisions on objections, may thereupon make such corrections in the assessment roll as it may deem proper and confirm the same, or set it aside and provide for a new assessment. Whenever the governing body shall confirm an assessment, either as originally prepared or as thereafter corrected, a copy thereof certified by the clerk of the municipality shall be filed in the office of the clerk of court of the county in which the municipality is situate, and from the time of such filing the assessment impressed in the assessment roll shall constitute and be a lien on the real property against which it is assessed superior to all other liens and encumbrances, except the lien for property taxes, and shall be annually assessed and collected with the property taxes thereon.
Section 5-37-140. Upon the confirmation of an assessment, if any, the governing body shall mail a written notice to all persons who have filed written objections as hereinabove provided of the amount of the assessment finally confirmed. Such property owner may appeal such assessment only if he shall, within twenty days after the mailing of the notice to him confirming the assessment, give written notice to the governing body of his intent to appeal his assessment to the court of common pleas of the county in which the property is situate; but no such appeal shall delay or stay the construction of improvements or affect the validity of the assessments confirmed and not appealed. Appeals shall be heard and determined on the record, in the manner of appeals from administrative bodies in this State.
Section 5-37-150. Nothing contained herein shall be construed to limit or restrict the powers of any incorporated municipality, but the authorizations herein contained shall be in addition to any such powers.
Section 5-37-160. Any written petition or consent signed by a property owner prior to July 18, 1974, requesting or consenting to an assessment in an improvement district shall be effective and binding upon said property and property owner and all acts of any municipality taken under any other law shall be effective and binding upon all property owners in an improvement district.
Section 5-37-170. No street in the State highway system shall be included in a mall development without prior written approval of the South Carolina Highway Commission.
Section 5-37-180. No street which is located in front of the county courthouse and adjacent thereto shall be included in the mall development without prior written approval of the governing body having jurisdiction over such public property. Likewise, no street which shall in effect block the entrance to the courthouse square shall be included in the mall complex without prior written approval of same governing body." /.
Renumber sections to conform.
Amend title to conform.
Senator RANKIN explained the amendment.
The amendment was adopted.
Senator MOORE asked unanimous consent to take up Amendment No. 5 for immediate consideration.
There was no objection.
Senator MOORE proposed the following Amendment No. 5 (3834R003.TLM), which was adopted:
Amend the bill, as and if amended, by striking SECTION 14 in its entirety and inserting in lieu thereof:
/ SECTION 14. A. Chapter 10 of Title 12 of the 1976 Code is amended by adding:
"Section 12-10-81. (A) A business may claim a job development credit as determined by this section if the:
(1) council approves the use of this section for the business;
(2) business qualifies pursuant to Section 12-10-50; and
(3) business is a tire manufacturer which has more than four hundred twenty-five million dollars in capital invested in this State and employs more than one thousand employees in this State and which commits within a period of five years from the date of a revitalization agreement, to invest an additional three hundred-fifty million dollars and create an additional three hundred-fifty jobs in this State qualifying for job development fees or credits pursuant to current or future revitalization agreements. The council, in its discretion, may extend the five-year period for two additional years if the business has made a commitment to the additional three hundred-fifty million dollars and makes substantial progress toward satisfying the goal before the end of the initial five-year period. A business that represents to the council its intent to qualify pursuant to this section and is approved by the council may put job development fees computed pursuant to this section into an escrow account until the date the business satisfies the capital and job requirements of this section. The business may withdraw funds from the escrow account or claim job development credits pursuant to this section before satisfying the capital and job requirements, so long as the business agrees to return the funds, with interest, to the escrow account or to repay the job development credits, with interest, if the capital and job requirements are not satisfied.
(B)(1) A business qualifying pursuant to this section may claim its job development credit against its withholding on its quarterly state withholding tax return for the amount of job development credit allowable. Job development credits allowed under subsection (C)(1)(a) through (d) of this section apply only to withholding on jobs created pursuant to a revitalization agreement adopted under this section and to the amounts withheld on wages and salaries on those jobs. The credit must be claimed on a quarterly basis. To claim a job development credit, the business must be current with respect to its withholding tax and other tax due and owing the State, and must have maintained its minimum employment requirement for the entire quarter.
(2) To be eligible to apply to the council to claim a job development credit pursuant to this section, a qualifying business must create at least ten new, full-time jobs at the South Carolina facility or facilities described in the revitalization agreement.
(3) To the extent a return of an overpayment of withholding that results from claiming job development credits is not used as permitted by subsection (D), it must be treated as misappropriated employee withholding.
(4) If a qualifying business claims job development credits pursuant to this section, it must make its payroll books and records available for inspection by the council and the department at the times the council and the department request. Each qualifying business claiming job development credits pursuant to this section must file the job development credit and the use of any overpayment of withholding resulting from the claiming of a job development credit according to the revitalization agreement that the council or department requests. Each qualifying business must furnish an audited report prepared by an independent certified public accountant which itemizes the sources and uses of the funds. The audited report must be filed with the council and the department no later than June thirtieth following the calendar year in which the job development credits are claimed. An employer may not claim an amount that results in an employee receiving a smaller amount of wages on either a weekly or on an annual basis than the employee would otherwise receive in the absence of this chapter.
(C)(1) The maximum job development credit a qualifying business may claim for new employees is determined by the sum of the following amounts:
(a) two percent of the gross wages of each new employee who earns $6.34 or more an hour but less than $8.45 an hour;
(b) three percent of the gross wages of each new employee who earns $8.45 or more an hour but less than $10.57 an hour;
(c) four percent of the gross wages of each new employee who earns $10.57 or more an hour but less than $15.85 an hour;
(d) five percent of the gross wages of each new employee who earns $15.85 or more an hour; and
(e) the increase in the state sales and use tax of the business from the year of the effective date of its revitalization agreement pursuant to this section and subsequent years, over its state sales and use tax for the first of the three years preceding the effective date of this revitalization agreement.
(2) The hourly gross wages in item (1) must be adjusted annually by the inflation factor determined by the State Budget and Control Board for the purposes of Section 12-10-80(3). The amount which may be claimed by a qualifying business is limited by the revitalization agreement. The business may proceed by using either the job development fee escrow procedure available pursuant to revitalization agreements with effective dates before 1997, or the job development credit, or a combination of the two. For a business qualifying pursuant to this section, the council also may approve or waive sections of a revitalization agreement and the council's rules as needed, in the council's discretion, to assist the business.
(D) To claim a job development credit, the qualifying business must incur expenditures at the facility or for utility or transportation improvements that serve the facility. The expenditures must be incurred during the term of the revitalization agreement or within sixty days before the execution of a revitalization agreement including a preliminary revitalization agreement authorized by the revitalization agreement, and used for:
(1) training costs and facilities;
(2) acquiring and improving real estate whether constructed or acquired by purchase, or in cases approved by the council, acquired by lease or otherwise;
(3) improvements to both public and private utility systems including water, sewer, electricity, natural gas, and telecommunication;
(4) fixed transportation facilities including highway, rail, water, and air; or
(5) construction or improvements of real property and fixtures constructed or improved primarily for the purpose of complying with local, state, or federal environmental laws or regulations.
(E) A job development credit of a qualifying business permanently lapses upon expiration or termination of the revitalization agreement. If an employee is terminated, the qualifying business immediately must cease to claim job development credits.
(F) The statute of limitations provided by Section 12-54-85 is suspended until the end of the five-year or seven-year period described in item (3) of subsection (A) with respect to state withholding taxes under this section for a business subject to this section."
B. This section applies to taxable years beginning after 1998. Notwithstanding any provision to the contrary in this section, no business shall be entitled to any benefits under a revitalization agreement entered into under this section before July 1, 2000.
/
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
Senators O'DELL and WALDREP proposed the following Amendment No. 4 (DKA\3584MM99), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. A. Chapter 10 of Title 12 of the 1976 Code is amended by adding:
"Section 12-10-81. (A) A business may claim a job development credit as determined by this section if the:
(1) council approves the use of this section for the business;
(2) business qualifies pursuant to Section 12-10-50; and
(3) business is a manufacturer which has more than one billion dollars in capital invested in this State and employs more than seven thousand employees in this State and which commits within a period of five years from the date of a revitalization agreement, to invest an additional four hundred million dollars and create an additional four hundred jobs in this State qualifying for job development fees or credits pursuant to current or future revitalization agreements. The council, in its discretion, may extend the five-year period for two additional years if the business has made a commitment to the additional four hundred million dollars and makes substantial progress toward satisfying the goal before the end of the initial five-year period. A business that represents to the council its intent to qualify pursuant to this section and is approved by the council may put job development fees computed pursuant to this section into an escrow account until the date the business satisfies the capital and job requirements of this section. The business may withdraw funds from the escrow account or claim job development credits pursuant to this section before satisfying the capital and job requirements, so long as the business agrees to return the funds, with interest, to the escrow account or to repay the job development credits, with interest, if the capital and job requirements are not satisfied.
(B)(1) A business qualifying pursuant to this section may claim its job development credit against its withholding on its quarterly state withholding tax return for the amount of job development credit allowable. The credit must be claimed on a quarterly basis. To claim a job development credit, the business must be current with respect to its withholding tax and other tax due and owing the State, and must have maintained its minimum employment requirement for the entire quarter.
(2) To be eligible to apply to the council to claim a job development credit pursuant to this section, a qualifying business must create at least ten new, full-time jobs at the South Carolina facility or facilities described in the revitalization agreement.
(3) To the extent a return of an overpayment of withholding that results from claiming job development credits is not used as permitted by subsection (D), it must be treated as misappropriated employee withholding.
(4) If a qualifying business claims job development credits pursuant to this section, it must make its payroll books and records available for inspection by the council and the department at the times the council and the department request. Each qualifying business claiming job development credits pursuant to this section must file the job development credit and the use of any overpayment of withholding resulting from the claiming of a job development credit according to the revitalization agreement that the council or department requests. Each qualifying business must furnish an audited report prepared by an independent certified public accountant which itemizes the sources and uses of the funds. The audited report must be filed with the council and the department no later than June thirtieth following the calendar year in which the job development credits are claimed. An employer may not claim an amount that results in an employee receiving a smaller amount of wages on either a weekly or on an annual basis than the employee would otherwise receive in the absence of this chapter.
(C)(1) The maximum job development credit a qualifying business may claim for new employees is determined by the sum of the following amounts:
(a) two percent of the gross wages of each new employee who earns $6.34 or more an hour but less than $8.45 an hour;
(b) three percent of the gross wages of each new employee who earns $8.45 or more an hour but less than $10.57 an hour;
(c) four percent of the gross wages of each new employee who earns $10.57 or more an hour but less than $15.85 an hour;
(d) five percent of the gross wages of each new employee who earns $15.85 or more an hour; and
(e) the increase in the state sales and use tax of the business from the year of the effective date of its revitalization agreement pursuant to this section and subsequent years, over its state sales and use tax for the first of the three years preceding the effective date of this revitalization agreement.
(2) The hourly gross wages in item (1) must be adjusted annually by the inflation factor determined by the State Budget and Control Board for the purposes of Section 12-10-80(3). The amount which may be claimed by a qualifying business is limited by the revitalization agreement. The business may proceed by using either the job development fee escrow procedure available pursuant to revitalization agreements with effective dates before 1997, or the job development credit, or a combination of the two. For a business qualifying pursuant to this section, the council also may approve or waive sections of a revitalization agreement and the council's rules as needed, in the council's discretion, to assist the business.
(D) To claim a job development credit, the qualifying business must incur expenditures at the facility or for utility or transportation improvements that serve the facility. The expenditures must be incurred during the term of the revitalization agreement or within sixty days before the execution of a revitalization agreement including a preliminary revitalization agreement authorized by the revitalization agreement, and used for:
(1) training costs and facilities;
(2) acquiring and improving real estate whether constructed or acquired by purchase, or in cases approved by the council, acquired by lease or otherwise;
(3) improvements to both public and private utility systems including water, sewer, electricity, natural gas, and telecommunication;
(4) fixed transportation facilities including highway, rail, water, and air; or
(5) construction or improvements of real property and fixtures constructed or improved primarily for the purpose of complying with local, state, or federal environmental laws or regulations.
(E) A job development credit of a qualifying business permanently lapses upon expiration or termination of the revitalization agreement. If an employee is terminated, the qualifying business immediately must cease to claim job development credits.
(F) The statute of limitations provided by Section 12-54-85 is suspended until the end of the five-year or seven-year period described in item (3) of subsection (A) with respect to state withholding taxes under this section for a business subject to this section.
B. This section applies to taxable years beginning after 1998. Notwithstanding any to the contrary in this section, no business shall be entitled to any benefits under a revitalization agreement entered into under this section before July 1, 2000. /
Renumber sections to conform.
Amend title to conform.
Senator O'DELL explained the amendment.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 6 (DKA\ 3595MM99), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTIONS to read:
/ SECTION __. Title 12 of the 1976 Code is amended by adding:
Tax Increment Financing for Counties
Section 12-46-10. This chapter may be cited as the 'Tax Increment Financing Act for Counties'.
Section 12-46-20. (A) The General Assembly finds that:
(1) Section 14(10) of Article X of the Constitution of South Carolina provides that the General Assembly may authorize by general law that indebtedness for the purpose of redevelopment within counties may be incurred and that the debt service of such indebtedness be provided from the added increments of tax revenues to result from the project.
(2) An increasing demand for public services must be provided from a limited tax base. Incentives must be provided for redevelopment in areas which are, or threaten to become, predominantly slum or blighted.
(3) There exist in many counties of this State blighted, conservation, and sprawl areas; the sprawl and conservation areas are rapidly deteriorating and declining and may soon become blighted areas if their decline is not checked; the stable economic and physical development of the blighted areas, conservation areas, and sprawl areas are endangered by the presence of blighting factors as manifested by progressive and advanced deterioration of structures, by the overuse of housing and other facilities, by a lack of physical maintenance of existing structures, by obsolete and inadequate community facilities, and a lack of sound community planning, by obsolete platting, diversity of ownership, excessive tax, and special assessment delinquencies, or by a combination of these factors; that as a result of the existence of blighted areas, areas requiring conservation, and sprawl areas, there is an excessive and disproportionate expenditure of public funds, inadequate public and private investment, unmarketability of property, growth in delinquencies and crime, and housing and zoning law violations in such areas together with an abnormal exodus of families and businesses so that the decline of these areas impairs the value of private investments and threatens the sound growth and the tax base of taxing districts in such areas, and threatens the health, safety, morals, and welfare of the public.
(4) In order to promote and protect the health, safety, morals, and welfare of the public, blighted conditions need to be eradicated and conservation measures instituted, sprawl areas controlled, and redevelopment of such areas undertaken; to remove and alleviate adverse conditions it is necessary to encourage private investment and restore and enhance the tax base of the taxing districts in such areas by the redevelopment of project areas. The eradication of blighted areas and treatment and improvement of sprawl areas and conservation areas by redevelopment projects is declared to be essential to the public interest.
(5) The use of incremental tax revenues derived from the tax rates of various taxing districts in redevelopment project areas for the payment of redevelopment project costs is of benefit to the taxing districts because taxing districts located in redevelopment project areas would not derive the benefits of an increased assessment base without the benefits of tax increment financing, all surplus tax revenues are turned over to the taxing districts in redevelopment project areas, and all taxing districts benefit from the removal of blighted conditions, the eradication of conditions requiring conservation measures, and control of sprawl conditions.
(B) The General Assembly intends to implement the authorization granted in Article X, Section 14 of the Constitution of this State. The authorization in this chapter provides for this State an essential method for financing redevelopment. The governing bodies of the counties are vested with all powers consistent with the Constitution necessary, useful, and desirable to enable them to accomplish redevelopment in areas which are or threaten to become blighted and to sufficiently meet all constitutional requirements pertaining to incurring indebtedness for the purpose of redevelopment and funding the debt service of such indebtedness from the added increment of tax revenues to result from such redevelopment as provided in Section 14(10) of Article X of the Constitution of this State. The indebtedness incurred pursuant to Section 14(10) of Article X of the Constitution is exempt from all debt limitations imposed by Article X. The powers granted in this chapter must be in all respects exercised for the benefit of the inhabitants of the State, for the increase of its commerce, and for the promotion of its welfare and prosperity.
(C) All action taken by any county in carrying out the purposes of this chapter shall perform essential governmental functions.
(D) Pursuant to the authorization granted in Article VIII, Section 13 of the Constitution of this State, if a redevelopment project area is located in more than one county, the powers granted herein may be exercised jointly.
Section 12-46-30. Unless the context clearly indicates otherwise:
(1) 'Blighted area' means any improved or vacant area within the boundaries of a redevelopment project area located within the territorial limits of a county where:
(a) if improved, industrial, commercial, and residential buildings or improvements, because of a combination of five or more of the following factors: age; dilapidation; obsolescence; deterioration; illegal use of individual structures; presence of structures below minimum code standards; excessive vacancies; overcrowding of structures and community facilities; lack of ventilation, light, or sanitary facilities; inadequate utilities; excessive land coverage; deleterious land use or layout; depreciation of physical maintenance; lack of community planning, are detrimental to the public safety, health, morals, or welfare or;
(b) if vacant, the sound growth is impaired by:
(i) a combination of two or more of the following factors: obsolete platting of the vacant land; diversity of ownership of such land; tax and special assessment delinquencies on such land; deterioration of structures or site improvements in neighboring areas adjacent to the vacant land; or
(ii) the area immediately prior to becoming vacant qualified as a blighted area. Any area within a redevelopment plan established by Chapter 10 of Title 31 is deemed to be a blighted area.
(2) 'Conservation area' means any vacant or improved area within the boundaries of a redevelopment project area located within the territorial limits of a county that is not yet a blighted area but, because of a combination of three or more of the following factors: dilapidation; obsolescence; deterioration; illegal use of structures; presence of structures below minimum code standards; abandonment; excessive vacancies; overcrowding of structures and community facilities; lack of ventilation, light, or sanitary facilities; inadequate utilities; excessive land coverage; depreciation of physical maintenance; or lack of community planning, is detrimental to the public safety, health, morals, or welfare and may become a blighted area.
(3) 'Sprawl area' means a vacant or improved area within the boundaries of a redevelopment project area located within the territorial limits of the unincorporated area of a county that is not yet a blighted area nor a conservation area but, because of the existence of one or more of the following conditions, has the potential to become blighted or in need of conservation:
(a) The sprawl area is an unincorporated urban zone, UUZ, which is an area within the unincorporated portion of the county issuing the finding and has a population density equal to or greater than the average population density of the incorporated municipalities within the territorial limits of the county issuing the finding.
(b) The sprawl area is a linear service zone, LSZ, which is an area within the unincorporated portion of the county issuing the finding which is or is likely to become an area no more than two miles wide at its widest point and no less than three miles in length and which, due to development within the zone, represents an impediment to vehicular and pedestrian traffic so that the county finds its existence a detriment to the:
( i) economic health and well-being of the county;
( ii) health or safety of the persons living, working, or traveling through the zone; or
(iii) efficient provision of governmental services both within and without the zone.
(c) The sprawl area is a rural redevelopment zone, RRZ, which is an area within the unincorporated portion of the county issuing the finding which consists primarily of vacant land which, if provided with certain environmental, energy, transportation, or communications infrastructure, could be developed as a planned community consisting of a minimum of one thousand contiguous acres of land, inclusive of flooded land.
(4) 'Municipality means an incorporated municipality of this State.
(5) 'Obligations' means bonds, notes, or other evidence of indebtedness issued by the county to carry out a redevelopment project or to refund outstanding obligations.
(6) 'Redevelopment plan' means the comprehensive program of the county for redevelopment intended by the payment of redevelopment costs to reduce or eliminate those conditions which qualified the redevelopment project area as a blighted area, conservation area, or sprawl area, or combination of two or three of them, and to enhance the tax bases of the taxing districts which extend into the project redevelopment area. Each redevelopment plan shall set forth in writing the program to be undertaken to accomplish the objectives and shall include, but not be limited to, estimated redevelopment project costs, the anticipated sources of funds to pay costs, the nature and term of any obligations to be issued, the most recent equalized assessed valuation of the project area, an estimate as to the equalized assessed valuation after redevelopment, and the general land uses to apply in the redevelopment project area. A redevelopment plan established by Chapter 10 of Title 31 is deemed a redevelopment plan for purposes of this paragraph.
(7) 'Redevelopment project' means any buildings, improvements, including street improvements, water, sewer and storm drainage facilities, parking facilities, and recreational facilities. Any project or undertaking authorized under Section 6-21-50 may also qualify as a redevelopment project under this chapter. All such projects are to be publicly owned.
(8) 'Redevelopment project area' means an area designated by the county, which is not less in the aggregate than one and one-half acres and in respect to which the county has made a finding that there exist conditions that cause the area to be classified as a blighted area, a conservation area, or a sprawl area, or a combination of two or three of them. The total aggregate amount of all redevelopment project areas of any one county may not exceed five percent of the total acreage of the county.
(9) 'Redevelopment project costs' means and includes the sum total of all reasonable or necessary costs incurred or estimated to be incurred and any costs incidental to a redevelopment project. The costs include, without limitation:
(a) costs of studies and surveys, plans, and specifications; professional service costs including, but not limited to, architectural, engineering, legal, marketing, financial, planning, or special services;
(b) property assembly costs including, but not limited to, acquisition of land and other property, real or personal, or rights or interest therein, demolition of buildings, and the clearing and grading of land;
(c) costs of rehabilitation, reconstruction, repair, or remodeling of a redevelopment project;
(d) costs of the construction of a redevelopment project;
(e) financing costs including, but not limited to, all necessary and incidental expenses related to the issuance of obligations and which may include payment of interest on any obligations issued under the provisions of this chapter accruing during the estimated period of construction of any redevelopment project for which the obligations are issued and including reasonable reserves related thereto;
(f) relocation costs to the extent that a county determines that relocation costs must be paid or required by federal or state law.
(10) 'Taxing districts' means counties, incorporated municipalities, schools, special purpose districts, and public and any other municipal corporations or districts with the power to levy taxes. Taxing districts include school districts which have taxes levied on their behalf.
(11) 'Vacant land' means any parcel or combination of parcels of real property without industrial, commercial, and residential buildings.
(12) 'County' means any county in the State.
Section 12-46-40. Obligations secured by the special tax allocation fund set forth in Section 12-46-70 for the redevelopment project area may be issued to provide for redevelopment project costs. The obligations, when so issued, must be retired in the manner provided in the ordinance authorizing the issuance of the obligations by the receipts of taxes levied as specified in Section 12-46-110 against the taxable property included in the area and other revenue as specified in Section 12-46-110 designated by the county which source does not involve revenues from any tax or license. In the ordinance the county may pledge all or any part of the funds in and to be deposited in the special tax allocation fund created pursuant to Section 12-46-70 to the payment of the redevelopment project costs and obligations. Any pledge of funds in the special tax allocation fund must provide for distribution to the taxing districts of monies not required for payment and securing of the obligations and the excess funds are surplus funds. In the event a county only pledges a portion of the monies in the special tax allocation fund for the payment of redevelopment project costs or obligations, any funds remaining in the special tax allocation fund after complying with the requirements of the pledge are also considered surplus funds. All surplus funds must be distributed annually to the taxing districts in the redevelopment project area by being paid by the county to the county treasurer. The county treasurer shall immediately thereafter make distribution to the respective taxing districts in the same manner and proportion as the most recent distribution by the county treasurer to the affected districts of real property taxes from real property in the redevelopment project area. In addition to obligations secured by the special tax allocation fund, the county may pledge for a period not greater than the term of the obligations toward payment of the obligations any part of the revenues remaining after payment of operation and maintenance, of all or part of any redevelopment project. The obligations may be issued in one or more series, may bear such date or dates, may mature at such time or times not exceeding thirty years from their respective dates, may bear such rate or rates of interest as the governing body shall determine, may be in such denomination or denominations, may be in such form, either coupon or registered, may carry such registration and conversion privileges, may be executed in such manner, may be payable in such medium of payment, at such place or places, may be subject to such terms of redemption, with or without premium, may be declared or become due before the maturity date thereof, may provide for the replacement of mutilated, destroyed, stolen, or lost bonds, may be authenticated in such manner and upon compliance with such conditions, and may contain such other terms and covenants, as may be provided by the governing body of the county. If the governing body determines to sell any obligations, the obligations must be sold at public or private sale in such manner and upon such terms as the governing body considers best for the interest of the county.
A certified copy of the ordinance authorizing the issuance of the obligations must be filed with the treasurer of each county in which any portion of a redevelopment project is situated and shall constitute the authority for the extension and collection of the taxes to be deposited in the special tax allocation fund.
A county also may issue its obligations to refund in whole or in part obligations previously issued by the county under the authority of this chapter, whether at or prior to maturity, and all references in this chapter to 'obligations' are considered to include these refunding obligations. The debt incurred by a county pursuant to this chapter is exclusive of any statutory limitation upon the indebtedness a taxing district may incur. All obligations issued pursuant to this chapter shall contain a statement on the face of the obligation specifying the sources from which payment is to be made and shall state that the full faith, credit, and taxing powers are not pledged for the obligations.
The trustee or depositary under any indenture may be such persons or corporations as the governing body designates, or they may be nonresidents of South Carolina or incorporated under the laws of the United States or the laws of other states of the United States.
Section 12-46-50. The proceeds from obligations issued under authority of this chapter must be applied only for the purpose for which they were issued. Any premium and accrued interest received in any such sale must be applied to the payment of the principal of or the interest on the obligations sold. Any portion of the proceeds not needed for redevelopment project costs must be applied to the payment of the principal of or the interest on the obligations.
Section 12-46-60. The obligations authorized by this chapter and the income from the obligations and all security agreements and indentures executed as security for the obligations made pursuant to the provisions of this chapter and the revenue derived from the obligations are exempt from all taxation in the State of South Carolina except for inheritance, estate, or transfer taxes and all security agreements and indentures made pursuant to the provisions of this chapter are exempt from all state stamp and transfer taxes.
Section 12-46-70. A county, within five years after the date of adoption of an ordinance providing for approval of a redevelopment plan pursuant to Section 12-46-80, may issue obligations under this chapter to finance the redevelopment project upon adoption of an ordinance providing that:
(1) after the issuance of the obligations; and
(2) after the total equalized assessed valuation of the taxable real property in a redevelopment project area exceeds the certified 'total initial equalized assessed value' established in accordance with Section 12-46-100(B) of all taxable real property in the project area, the ad valorem taxes, if any, arising from the levies upon taxable real property in the project area by taxing districts and tax rates determined in the manner provided in Section 12-46-100(B) each year after the obligations have been issued until obligations issued under this chapter have been retired and redevelopment project costs have been paid must be divided as follows:
(a) that portion of taxes levied upon each taxable lot, block, tract, or parcel of real property which is attributable to the total initial equalized assessed value of all taxable real property in the redevelopment project area must be allocated to and when collected must be paid by the county treasurer to the respective affected taxing districts in the manner required by law in the absence of the adoption of the redevelopment plan; and
(b) that portion, if any, of taxes which is attributable to the increase in the current total equalized assessed valuation of all taxable real property in the redevelopment project area over and above the total initial equalized assessed value of taxable real property in the redevelopment project area must be allocated to and when collected must be paid to the county which shall deposit the taxes into a special fund called the special tax allocation fund of the county for the purpose of paying redevelopment project costs and obligations incurred in the payment of the costs and obligations. The county may pledge in the ordinance the funds in and to be deposited in the special tax allocation fund for the payment of the costs and obligations.
Any ordinance adopted based on acts of the county occurring before the effective date of this chapter must incorporate by reference and adopt those prior acts undertaken in accordance with the procedures of this chapter as if they had been undertaken pursuant to this chapter.
When obligations issued under this chapter have been retired and redevelopment project costs incurred under this chapter have been paid or budgeted pursuant to the redevelopment plan, as evidenced by resolution of the governing body of the county, all surplus funds then remaining in the special tax allocation fund must be paid by the county treasurer immediately to the taxing districts in the redevelopment project area in the same manner and proportion as the most recent distribution by the treasurer to the affected districts of real property taxes from real property in the redevelopment project area.
Upon the payment of all redevelopment project costs, retirement of all obligations of a county issued under this chapter, and the distribution of any surplus monies pursuant to this section, the county shall adopt an ordinance dissolving the tax allocation fund for the project redevelopment area and terminating the designation of the redevelopment project area as a redevelopment project area for purposes of this chapter. Thereafter, the rates of the taxing districts must be extended and taxes levied, collected, and distributed in the manner applicable in the absence of the adoption of a redevelopment plan and the issuance of obligations under this chapter.
If five years have passed from the time a redevelopment project area is designated and the county has not issued obligations under this chapter to finance the redevelopment project, upon the expiration of the five-year term, the county shall adopt an ordinance terminating the designation of the redevelopment project area.
Section 12-46-75. If a municipality annexes a tract of property located in a redevelopment project area, the value of each parcel of real property therein for purposes of the ad valorem taxes of the municipality shall be that which is attributable to its initial equalized assessed value before the redevelopment project and not to the increase in its equalized assessed value due to the redevelopment project.
Section 12-46-80. (A) Prior to the issuance of any obligations under this chapter, the county shall set forth by way of ordinance the following:
(1) a copy of the redevelopment plan containing a statement of the objectives of a county with regard to the plan;
(2) a statement indicating the need for and proposed use of the proceeds of the obligations in relationship to the redevelopment plan;
(3) a statement containing the cost estimates of the redevelopment plan and redevelopment project and the projected sources of revenue to be used to meet the costs including estimates of tax increments and the total amount of indebtedness to be incurred;
(4) a list of all real property in the redevelopment project area;
(5) the duration of the redevelopment plan;
(6) a statement of the estimated impact of the redevelopment plan upon the revenues of all taxing districts in which a redevelopment project area is located and, if residential development is included in the plan, the estimated impact on public school enrollment;
(7) findings that:
(a) the redevelopment project area is a blighted, conservation, or sprawl area and that private initiatives are unlikely to alleviate these conditions without substantial public assistance,
(b) property values in the area would remain static or decline without public intervention, and
(c) redevelopment is in the interest of the health, safety, and general welfare of the citizens of the county.
(B) Before approving any redevelopment plan under this chapter, the governing body of the county must hold a public hearing on the redevelopment plan after published notice in a newspaper of general circulation in the county in which the county and any taxing district affected by the redevelopment plan is located not less than fifteen days and not more than thirty days prior to the hearing. The notice shall include:
(1) the time and place of the public hearing;
(2) the boundaries of the proposed redevelopment project area;
(3) a notification that all interested persons will be given an opportunity to be heard at the public hearing;
(4) a description of the redevelopment plan and redevelopment project; and
(5) the maximum estimated term of obligations to be issued under the redevelopment plan.
Not less than forty-five days prior to the date set for the public hearing, the county shall give notice to all taxing districts of which taxable property is included in the redevelopment project area, and in addition to the other requirements of the notice set forth in the section, the notice shall request each taxing district to submit comments to the county concerning the subject matter of the hearing prior to the date of the public hearing.
(C) If a taxing district does not file an objection to the redevelopment plan at or prior to the date of the public hearing, the taxing district is considered to have consented to the redevelopment plan and the issuance of obligations under this chapter to finance the redevelopment project, provided that the actual term of obligations issued is equal to or less than the term stated in the notice of public hearing. The county may issue obligations to finance the redevelopment project to the extent that each affected taxing district consents to the redevelopment plan. The tax increment for a taxing district that does not consent to the redevelopment plan must not be included in the special tax allocation fund.
(D) If the redevelopment plan includes residential development, then to the extent that the findings pursuant to subsection (A)(6) demonstrate increased public school enrollment because of this development, then an amount of the increment equal to the average property tax collected per pupil in the district multiplied by the estimated increased enrollment is not credited to the special tax allocation fund but is instead allocated to the affected school district as other school tax revenue.
(E) Prior to the adoption of an ordinance approving a redevelopment plan pursuant to Section 12-46-80, changes may be made in the redevelopment plan which do not alter the exterior boundaries or do not substantially affect the general land use established in the plan or substantially change the nature of the redevelopment project, without further hearing or notice, provided that notice of the changes is given by mail to each affected taxing district and by publication in a newspaper or newspapers of general circulation within the taxing districts not less than ten days prior to the adoption of the changes by ordinance. Notice of the adoption of the ordinance must be published by the county in a newspaper having general circulation in the affected taxing districts. Any interested party may, within twenty days after the date of publication of the notice of adoption of the redevelopment plan, but not afterward, challenge the validity of such adoption by action de novo in the court of common pleas in the county in which the redevelopment plan is located.
(F) After adoption of an ordinance approving a redevelopment plan, any alteration in the exterior boundaries, general land uses established pursuant to the redevelopment plan, maximum term of maturity of obligations to be issued under the plan, or the redevelopment project must be approved by resolution of each affected taxing district in accordance with the procedures provided in this chapter for the initial approval of a redevelopment project and designation of a redevelopment project area.
Section 12-46-90. When there are any persons residing in the area covered by the redevelopment plan:
(1) the redevelopment plan shall include:
(a) an assessment of the displacement impact of the redevelopment project and provisions for the relocation of all persons who would be displaced by the project, provided that no residents may be displaced by a redevelopment project unless housing is made available to them pursuant to the terms of this section;
(b) provisions for the creation of housing opportunities to the extent feasible to enable a substantial number of the displaced persons to relocate within or in close proximity to the area covered by the redevelopment plan.
(2) Prior to authorizing the demolition of any residential units in connection with a tax increment financing plan, the governing body of the county must ensure that the redevelopment plan complies with the requirements of this section and further that standard housing is made available to all persons to be displaced.
(3) Persons displaced by a redevelopment plan are entitled to the benefits and protections available under Section 28-11-10. The costs of the relocation are proper expenditures for the proceeds of any obligations issued under this chapter.
Section 12-46-100. (A) If a county by ordinance approves a redevelopment plan pursuant to Section 12-46-80, the auditor of the county, immediately after adoption of the ordinance pursuant to Section 12-46-80, upon request of the county, must determine and certify:
(1) the most recently ascertained equalized assessed value of all taxable real property within the redevelopment project area, as of the date of adoption of the ordinance adopted pursuant to Section 12-46-80, which value is the 'initial equalized assessed value' of the property; and
(2) the total equalized assessed value of all taxable real property within the redevelopment project area and certifying the amount as the 'total initial equalized assessed value' of the taxable real property within the redevelopment project area.
(B) After the county auditor has certified the total initial equalized assessed value of the taxable real property in the area, then in respect to every taxing district containing a redevelopment project area, the county auditor or any other official required by law to ascertain the amount of the equalized assessed value of all taxable property within the district for the purpose of computing the rate percent of tax to be extended upon taxable property within such district, shall in every year that obligations are outstanding for redevelopment projects in the redevelopment area ascertain the amount of value of taxable property in a project redevelopment area by including in the amount the certified total initial equalized assessed value of all taxable real property in the area in lieu of the equalized assessed value of all taxable real property in the area. The rate percent of tax determined must be extended to the current equalized assessed value of all property in the redevelopment project area in the same manner as the rate percent of tax is extended to all other taxable property in the taxing district. The method of extending taxes established under this section terminates when the county adopts an ordinance dissolving the special tax allocation fund for the redevelopment project.
Section 12-46-110. Revenues received by the county from any property, building, or facility owned by the county or any agency or authority established by the county in the redevelopment project area may be used to pay redevelopment project costs or reduce outstanding obligations of the county incurred under this chapter for redevelopment project costs. If the obligations are used to finance the extension or expansion of a system as defined in Section 6-21-40 in the redevelopment project area, all or a portion of the revenues of the system, whether or not located entirely within the redevelopment project area, including the revenues of the redevelopment project, may be pledged to secure the obligations issued under this chapter. The county is fully empowered to use any of the powers granted by either or both of the provisions of Chapter 17 of Title 6 (The Revenue Bond Refinancing Act of 1937) or the provisions of Chapter 21 of Title 6 (Revenue Bond Act for Utilities). In exercising the powers conferred by the provisions, the county may make any pledges and covenants authorized by any provision of those chapters. The county may place the revenues in the special tax allocation fund or a separate fund which must be held by the county or financial institution designated by the county. Revenue received by the county from the sale or other disposition of real property acquired by the county with the proceeds of obligations issued under the provisions of this chapter must be deposited by the county in the special tax allocation fund or a separate fund which must be held by the county or financial institution designated by the county. Proceeds of grants may be pledged by the county and deposited in the special tax allocation fund or a separate fund.
Section 12-46-120. Counties and municipalities may jointly adopt redevelopment plans and authorize obligations as provided under the provisions of this chapter and Chapter 6 of Title 31."
SECTION __. Items (6) and (9) of Section 31-6-30 of the 1976 Code are amended to read:
"(6) 'Redevelopment project' means any buildings, improvements, including street improvements, water, sewer and storm drainage facilities, parking facilities, and recreational facilities. Any project or undertaking authorized under Section 6-21-50 may also qualify as a redevelopment project under this chapter. All such projects are to be owned by the municipality publicly owned.
(9) 'Taxing districts' means counties, incorporated municipalities, schools, special purpose districts, and public and any other municipal corporations or districts with the power to levy taxes. Taxing districts include school districts which have taxes levied on their behalf."
SECTION __. The third and fifth undesignated paragraphs of Section 31-6-80 of the 1976 Code are amended to read:
"If a taxing district does not file an objection to the redevelopment plan at or prior to the date of the public hearing, the taxing district is considered to have consented to the redevelopment plan and the issuance of obligations under this chapter to finance the redevelopment project, provided that the actual term of obligations issued is equal to or less than the term stated in the notice of public hearing. The municipality may issue obligations to finance the redevelopment project if less than all taxing districts consent to the extent that each affected taxing district consents to the redevelopment plan. The tax increment for a taxing district that does not consent to the redevelopment plan must not be included in the special tax allocation fund after the first fifteen years after the initial issuance of obligations to finance such plan. No consent is required of any taxing district if the term of the proposed initial obligations is fifteen years or less or, in the case of any additional or refunding obligations, if the term of the obligations is not greater than the later of (a) fifteen years from the date of issuance of the initial or refunded obligations or (b) the remaining term of the initial or refunded obligations.
After adoption of an ordinance approving a redevelopment plan, any alteration in the exterior boundaries, general land uses established pursuant to the redevelopment plan, maximum term of maturity of obligations to be issued under the plan, or nature of the redevelopment project must be approved by ordinance resolution of the municipality each affected taxing district in accordance with the procedures provided in this chapter for the initial approval of a redevelopment project and designation of a redevelopment project area." /
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the amendment.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 7 (DKA\ 3597MM99), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Section 4-35-150 of the 1976 Code, as added by Act 99 of 1993, is amended to read:
"Section 4-35-150. The improvements as defined in Section 4-35-30 are the sole and unrestricted property of the county must be owned by the county, the State, or another public entity for the benefit of the citizens and residents of the improvement district or the entity owning the improvement, and may at any time may be removed, altered, changed, or added to, as the governing body of the owner may determine if except that during the continuance or maintenance of the improvements, the special assessments on property may be utilized for the preservation, operation, and maintenance of the improvements and facilities provided in the improvement plan, for the management and operation of the improvement district as provided in the improvement plan, and for payment of indebtedness incurred." /
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the amendment.
The amendment was adopted.
Senators MATTHEWS, FORD, JACKSON, PATTERSON, GLOVER, ANDERSON and WASHINGTON proposed the following Amendment No. 8 (GGS\22386MM99), which was adopted:
Amend the bill, as and if amended, adding an appropriately numbered SECTION to read:
/ SECTION ____. A. The General Assembly finds that:
(1) Many of South Carolina's urban and rural communities face critical social and economic problems arising in part from people living in poverty because of the lack of economic growth, employment, and other opportunities.
(2) The restoration and maintenance of these communities requires increased access to credit and capital for development activities, including investment in businesses, housing, human development, and other activities that promote the long-term economic and social viability of the community.
(3) Access to credit and capital is essential to unleash the untapped entrepreneurial energy of South Carolina's poorest communities and to empower individuals and communities to become self-sufficient.
(4) Community development financial institutions have the proven ability to identify and respond to community needs for capital, credit, and development services in the absence of, or as a complement to, services provided by other lenders.
(5) Community development corporations have a proven ability to identify and respond to community needs and manage community assets for the purpose of community and economic development on a local level.
(6) For the above reasons, it has determined to enact the provisions of this act as being consistent with public policy objectives of our State, including economic growth, higher employment, and community development.
B. Title 34 of the 1976 Code is amended by adding:
South Carolina Community Economic Development Commission
Section 34-43-10. (A) There is created a South Carolina Community Economic Development Commission. The commission shall exist for the purpose of certifying entities as community development financial institutions, as defined in Section 34-43-40, and as community development corporations, as defined in Section 34-43-50. The commission also may make grants to community development financial institutions and community development corporations from grant funds made available to it by the General Assembly or from other available funds. The General Assembly may appropriate funds to the commission to be used to make grants to community development financial institutions and community development corporations as authorized in this chapter. The General Assembly also may provide funds in the annual general appropriation act to pay salaries, employee benefits, and administrative expenses of the commission.
(B) In addition to other powers provided for in this chapter, the commission may:
(1) promulgate regulations necessary to carry out its functions;
(2) contract for and accept, for use in carrying out the provisions of this chapter, any grant or contribution of funds from a political subdivision of the State or from another source, and comply, subject to the provisions of this chapter, with the terms and conditions of those contracts; and
(3) do anything necessary or convenient to carry out its powers and functions.
(C) The commission may receive funds from, among other sources, state appropriations and private contributions.
Section 34-43-20. (A) The governing body of the commission consists of the following seven members which must represent the diverse ethnic population of the State:
(1) a chairman, representing a federally-chartered or state-chartered financial institution doing business in this State, who must be appointed by the Governor, with the advice and consent of the Senate;
(2) the Secretary of Commerce, or his designee;
(3) three members from the community economic development field appointed by the Governor, with the advice and consent of the Senate; and
(4) two members representing federally-chartered or state-chartered financial institutions or other business entities doing business in this State, other than the institution represented by the chairman, who must be appointed by the Governor, with the advice and consent of the Senate.
(B) A commission member serves a term of four years and until his successor is appointed and qualifies.
(C) A member who is appointed to fill a vacancy on the commission serves only for the remainder of the unexpired term and until a successor is appointed and qualifies.
(D) The commission ceases to exist on July 1, 2004, unless further authorized by the General Assembly.
Section 34-43-30. (A) Four appointed members of the commission are a quorum. However, the commission may not act on a matter unless at least four members in attendance concur.
(B) The commission determines the times and places of its meetings.
(C) Members of the commission, while serving on business of the commission, shall receive, to the extent funding is available, per diem, mileage, and subsistence as provided by law for members of state boards, committees, and commissions.
(D) The commission, to the extent funding is available, may employ or contract for staff and consultants it considers necessary to assist in carrying out its duties and responsibilities pursuant to this chapter.
(E) In its internal functions, the commission shall keep proper records of its accounts and follow the procedures of this State governing the purchase of office space, supplies, facilities, materials, equipment, and professional services. The commission must be audited by the State Auditor as provided in Chapter 7 of Title 11.
(F) The commission shall make an annual report on its condition and operations to the General Assembly and the Governor, including the information required to be reported by Section 34-43-80.
Section 34-43-40. (A) The commission may certify an entity as a community development financial institution if it meets the definition provided in subsection (B).
(B) For purposes of this section:
(1) 'Community development financial institution' means an organization that:
(a) has a primary mission of promoting community development through the provision of credit, capital, or development services to small businesses including, but not limited to, the provision of capital access programs, microlending, franchise financing, and guaranty performance bonds;
(b) provides service delivery throughout the State;
(c) maintains, through representation on its governing board, accountability to persons in need of the institution's services;
(d) is not an agent or instrumentality of the United States, or of a state or political subdivision of a state or maintains an affiliate relationship with none of them;
(e) maintains a goal of providing a majority of its services to low-income individuals, minorities, females, or rural areas;
(f) provides capital and technical assistance to small and micro businesses;
(g) does not provide credit, capital, or other assistance in an amount greater than two hundred fifty thousand dollars at one time or in one transaction. That dollar amount must be adjusted in the manner provided in Section 37-1-109; and
(h) has been certified or recertified previously as a community development financial institution as provided in this chapter.
(2) 'Low-income' means individuals whose income level falls within the eightieth percentile of the mean income for a family of four within this State.
(3) The term 'invest' includes any advance of funds to a community development financial institution whether by purchase of stock or other equity interest or by charitable contribution.
(C) Banks and financial institutions chartered by the State of South Carolina are authorized to invest in community development financial institutions incorporated under the laws of this State, up to a maximum of ten percent of a chartered bank or financial institution's total capital and surplus.
(D) A federally-chartered or state-chartered financial institution holding company may qualify as a community development financial institution only if the holding company and the subsidiaries and affiliates of the holding company collectively satisfy the requirements of subsection (B).
(E) A community development financial institution is not subject to taxes based upon or measured by income which are levied now or may be levied later by the State.
Section 34-43-50. (A) The commission may certify an entity as a community development corporation if it meets the definition provided in subsection (B).
(B) 'Community development corporation' means a nonprofit corporation that:
(1) is chartered pursuant to Chapter 31, Title 33;
(2) is tax-exempt pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986;
(3) has a primary mission of developing and improving low-income communities and neighborhoods through economic and related development;
(4) has activities and decisions initiated, managed, and controlled by the constituents of those local communities;
(5) has a primary function of developing projects and activities designed to enhance the economic opportunities of the people in the community served, including efforts to enable them to become owners and managers of small businesses and producers of affordable housing and jobs in the community served; and
(6) does not provide credit, capital, or other assistance in an amount greater than twenty-five thousand dollars at any time or in one transaction. The commission must adjust that dollar amount as provided in Section 37-1-109.
(7) is not a nonprofit organization which has the sole purpose of providing housing to neighborhoods or technical assistance to other nonprofit organizations.
(C) The commission shall establish and implement criteria for grants made to community development corporations pursuant to Section 34-43-10. The criteria must require that the applicant has demonstrated a capacity to engage in community development projects and has sufficient organizational structure to ensure proper management. However, if the applicant is created after the effective date of this section, the applicant shall present a strategic plan for community development projects and shall show evidence of developing an organizational structure which ensures proper management.
(D) The commission may provide, or contract with an appropriate entity to provide, technical support to assist community development corporations to be successful in developing their organizational capacity and implementing their projects.
(E) The commission shall make an annual report to the General Assembly regarding grants made pursuant to this section. The report required by this subsection may be included with the report required by Section 34-43-30.
Section 34-43-60. (A) Application for certification must be in writing, under oath and in the form prescribed by the commission, and must contain information as the commission may require, including the names and addresses of the partners, officers, directors or trustees, and those principal owners or members as will provide the basis for investigations and findings contemplated by subsection (B). At the time of making the application, the applicant shall pay to the commission a fee for investigating the application, as prescribed by the commission, which will yield sufficient revenue to defray the commission's costs of investigating the applicant.
(B) Upon the filing of the application and payment of the fees, the commission shall investigate the facts concerning the application and the requirements provided for in either Section 34-43-40 or in Section 34-43-50.
Section 34-43-70. (A) Certification of a community development financial institution or a community development corporation expires two years from the date of certification.
(B) Certification of a community development financial institution or a community development corporation may be renewed for additional two-year periods upon application by the institution or corporation and approval by the commission.
(C) The commission may not renew certification of an institution or corporation absent continuous compliance with the provisions of Section 34-43-40 or Section 34-43-50.
(D) The commission may revoke the certification of an institution or corporation upon a finding that the institution or corporation does not comply with the provisions of Section 34-43-40 or Section 34-43-50.
(E) The commission shall serve a notice of intent not to grant certification, intent not to renew certification, or intent to revoke certification upon the institution or corporation with a brief statement of the reasons alleged. The institution or corporation may request a hearing within thirty days of receiving notice by filing a request for a hearing with the commission. The hearing must be held in accordance with Article 3, Chapter 23, Title 1, the Administrative Procedures Act.
(F) A taxpayer may not claim the tax credit provided for in Section 12-6-3520 unless the institution or corporation in which the investment is made is certified by the commission at the time the investment is made. A taxpayer who invested in good faith in a certified institution or corporation may claim the credit provided in Section 12-6-3520 notwithstanding the fact that the certification is subsequently revoked or not renewed by the commission.
Section 34-43-80. A community development financial institution shall file with the commission, on or before the anniversary date of its certification, an annual report for the preceding calendar year. The report must give information about the financial condition of the institution, and must include balance sheets at the beginning and end of the accounting period, a statement of income and expenses for the period, a reconciliation of surplus with the balance sheets, a schedule of assets used by and useful to the institution to conduct its business, an analysis of charges, size and type of loans, and other activities described in Section 34-43-40(B)(1)(a), and other relevant information in form and detail as prescribed by the commission. The report must be made under oath and be in the form prescribed by the commission. The commission shall make and publish annually an analysis and recapitulation of the reports for inclusion in its annual report to the Governor and General Assembly as provided in Section 34-43-30(F)."
C. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3520. (A) A taxpayer may claim as a credit against his state income tax, bank tax, or premium tax liability fifty percent of all amounts invested in a community development financial institution, as defined in Section 34-43-40, or in a community development corporation, as defined in Section 34-43-50.
To qualify for this credit the taxpayer must obtain a certificate from the South Carolina Community Economic Development Commission certifying that the entity into which the funds are invested is a community development financial institution within the meaning of Section 34-43-40 or a community development corporation within the meaning of Section 34-43-50 and certifying that the credit taken or available to that taxpayer will not exceed the aggregate fourteen million dollar limitation of all those credits as provided in subsection (B) when added to the credits previously taken or available to other taxpayers making similar investments.
(B) The total amount of credits allowed pursuant to this section may not exceed, in the aggregate, fourteen million dollars for all taxpayers and all taxable years. The total amount of credits allowed for investments in community development financial institutions may not exceed, in the aggregate, ten million dollars for all taxpayers and all taxable years. The total amount of credits allowed for investments in community development corporations may not exceed, in the aggregate, four million dollars for all taxpayers and all taxable years. The credit must be allowed to taxpayers in the order of the time of the making of the qualified investments in community development financial institutions and community development corporations.
The commission shall monitor the investments made by taxpayers in community development financial institutions and community development corporations as permitted by this section and shall perform the functions as provided for in subsection (A).
(C) If the amount of the credit determined under subsection (A) exceeds the taxpayer's state tax liability for the applicable taxable year, the taxpayer may carry over the excess to the immediately succeeding taxable years. However, the credit carryover may not be used for any taxable year that begins on or after ten years from the date of the qualified investment. The amount of the credit carryover from a taxable year must be reduced to the extent that the carryover is used by the taxpayer to obtain a credit pursuant to this chapter for a subsequent taxable year.
(D) Notwithstanding the provisions of subsections (A), (B), and (C), if on April 1, 1999, or as soon after that as the commission is able to determine, the total amount of tax credits which may be claimed by all taxpayers exceeds the total amount of tax credits authorized by this section, the credits must be determined on a pro rata basis. For purposes of this subsection, a community development financial institution or community development corporation for which an investment may be claimed as a tax credit pursuant to this section must report all investments made before April 1, 1999, to the commission by April 1, 1999, which shall inform, as soon as reasonably possible, all community development financial institutions and community development corporations of the total of all investments in all institutions and corporations as of April 1, 1999.
(E) If a qualified investment which is the basis for a credit pursuant to this section is redeemed by a taxpayer within five years of the date it is purchased, the credit provided by this section for the qualified investment is disallowed, and a credit previously claimed and allowed with respect to the redeemed qualified investment must be paid to the Department of Revenue with the appropriate return of the taxpayer covering the period in which the redemption occurred. When payments are made to the Department of Revenue pursuant to this section, the amount collected must be handled in the same manner as if no credit had been allowed.
(F) To receive the credit provided by this section, a taxpayer shall:
(1) claim the credit on the taxpayer's annual state income or premium tax return in the manner prescribed by the Department of Revenue; and
(2) file with the Department of Revenue and with the taxpayer's annual state income or premium tax return a copy of the form, described in subsection (G), issued by the commission as to the qualified investment by the taxpayer, including an undertaking by the taxpayer to report to the Department of Revenue a redemption of the qualified investment.
(G)(1) The commission shall complete forms prescribed by the Department of Revenue, showing as to each qualified investment in a community development financial institution or a community development corporation:
(a) the name, address, and identification number of the taxpayer who purchased a qualified investment; and
(b) the nature of the qualified investment purchased by the taxpayer and the amount paid for it.
(2) These forms must be filed with the Department of Revenue on or before the fifteenth day of the third month following the month in which the qualified investment is purchased. Copies of the forms to be provided to the Department of Revenue must be mailed to the taxpayer on or before the fifteenth day of the second month following the month in which the qualified investment is purchased.
(H) A taxpayer may not claim the tax credit provided in this section unless the community development financial institution or community development corporation in which the investment is made has been certified at the time the investment is made. A taxpayer who invested in good faith in a certified institution or corporation may claim the credit provided in this section, notwithstanding the fact that the certification is subsequently revoked or not renewed by the commission.
(I) An investor in a qualified community development corporation or a community development financial institution may transfer or assign the tax credit provided in this section, except that for purposes of a time period within which an act must occur pursuant to this section, the transfer or assignment must relate back to the time of original investment made by the transferor or assignor.
(J) If the community development financial institution in which the investment is made is a tax-exempt nonprofit corporation, the tax credit provided in this section may not be allowed if the taxpayer claims the investment as a deduction pursuant to Section 170 of the Internal Revenue Code.
(K) The total amount of credits which may be allowed by the Department of Revenue may not exceed two million dollars in a community development corporation for fiscal year 1999-2000 and each fiscal year thereafter until the total aggregate amount of four million dollars is reached. The total amount of credits allowed by the Department of Revenue may not exceed five million five hundred thousand dollars in a community development financial institution for fiscal year 1999-2000 and each fiscal year after that until the total aggregate amount of ten million dollars is reached. A credit which is disallowed because of this subsection may be carried forward as provided in this section."
D. This Section takes effect upon approval of the Governor, except that subsection C applies to tax years beginning after 1998. /
Renumber sections to conform.
Amend title to conform.
Senator MATTHEWS explained the amendment.
The amendment was adopted.
Senator WILSON proposed the following Amendment No. 9 (KGH\ 15768HTC99):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Article 21, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-2695. (A) Effective for motor vehicle tax years beginning after 1999, There is allowed as a credit against the property tax due on a private passenger motor vehicle as defined in Section 56-3-630, a motorcycle, and a motor-driven cycle for a motor vehicle tax year an amount determined pursuant to subsection (C) of this section.
(B)(1) There must be reimbursed to political subdivisions of the State, including school districts, amounts not collected in personal property taxes because of the tax credit allowed by this section. The Board of Economic Advisors shall estimate the total property taxes to be paid in the State in the calendar year 2000 on vehicles eligible for the credit. An amount equal to seven percent of that estimate must be credited each calendar year to the Trust Fund for Tax Relief.
(2) There must be distributed to each county a percentage of the total credited to the Trust Fund for Tax Relief pursuant to item (1) for a calendar year that is the same percentage the county receives for the fiscal year ending during the applicable calendar year of the total amount distributed to counties pursuant to Chapter 27 of Title 6, the State Aid to Subdivisions Act. These reimbursements must be paid not less than monthly, and in advance. The reimbursement must be allocated to a taxing entity in the proportion that its revenues from property taxes on eligible vehicles is of the total of such revenues in the county for the calendar year.
(C) From the reimbursements paid a county pursuant to this section for a calendar year, the auditor shall calculate a credit against the personal property tax coming due on eligible motor vehicles during the year, with the credit on each individual vehicle determined by the ratio that its assessed value is of the assessed value of all eligible vehicles registered in the county. This credit shall reduce proportionately the tax otherwise due on the vehicle imposed by each property taxing entity and must be noted on a separate line on the personal property tax bill as 'state motor vehicle tax relief'."
B. Section 11-11-150(A) of the 1976 Code, as added by Act 419 of 1998, is amended to read:
"(A) In calculating estimated state individual and corporate income tax revenues for a fiscal year, the Board of Economic Advisors shall deduct amounts sufficient to pay the reimbursement required pursuant to:
(1) Section 12-37-251 for the residential property tax exemption;
(2) Section 12-37-270 for the homestead exemption for persons over age sixty-five or disabled;
(3) Section 12-37-935(B) for manufacturer's additional depreciation; and
(4) Section 12-37-450 for the inventory tax exemption; and
(5) Section 12-37-2695 for the motor vehicle tax credit."
C. Notwithstanding other effective dates provided in this act, this section takes effect upon approval by the Governor, and applies for motor vehicle tax years beginning after 1999. /
Renumber sections to conform.
Amend title to conform.
Senator WILSON explained the amendment.
Senator DRUMMOND objected to further consideration of the Bill.
H. 3357 (Word version) -- Reps. Fleming, Wilder, Klauber and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-25-115 SO AS TO AUTHORIZE A JOINT MUNICIPAL WATER SYSTEM ORGANIZED FOR THE PURPOSE OF CREATING A FINANCING POOL TO ISSUE CONSTRUCTION NOTES; BY ADDING SECTION 6-25-129 SO AS TO EXEMPT FROM STATE TAXES THE INCOME OF A JOINT MUNICIPAL WATER SYSTEM; BY ADDING SECTION 6-25-131 SO AS TO PROVIDE THAT NO INCOME, PROFITS, OR ASSETS OF A JOINT SYSTEM MAY INURE TO THE BENEFIT OF ANY INDIVIDUAL OR PRIVATE ENTITY; TO AMEND SECTION 6-25-20, AS AMENDED, RELATING TO DEFINITIONS FOR JOINT MUNICIPAL WATER SYSTEMS, SO AS TO DEFINE "CONSTRUCTION NOTE OR NOTES", "FINANCING AGREEMENT", "FINANCING POOL", "GOVERNMENT", AND "INTERIM FINANCING"; TO AMEND SECTION 6-25-30, RELATING TO THE CREATION OF A JOINT SYSTEM, SO AS TO AUTHORIZE THE GOVERNING BODIES OF MUNICIPALITIES TO CREATE A JOINT SYSTEM FOR THE PURPOSE OF CREATING A FINANCING POOL, AND TO LIMIT THE PURPOSES FOR WHICH A JOINT SYSTEM MAY BE CREATED; TO AMEND SECTION 6-25-40, RELATING TO THE NOTICE OF THE INSTRUMENT CREATING A JOINT SYSTEM, SO AS TO EXEMPT A JOINT SYSTEM FROM THE NOTICE PROVISIONS IF IT IS FORMED FOR THE PURPOSE OF CREATING A FINANCING POOL; TO AMEND SECTION 6-25-50, RELATING TO THE APPOINTMENT OF A MUNICIPAL REPRESENTATIVE TO THE JOINT SYSTEM, SO AS TO ADD TO THE REQUIREMENTS OF THE APPLICATION FILED WITH THE SECRETARY OF STATE THE PURPOSE FOR THE CREATION OF THE JOINT SYSTEM; TO AMEND SECTION 6-25-60, AS AMENDED, RELATING TO THE MANAGEMENT AND CONTROL OF THE JOINT SYSTEM, SO AS TO CLARIFY THAT EACH VOTING MEMBER OF A JOINT SYSTEM SHALL APPOINT A REPRESENTATIVE WHO MUST BE A COMMISSIONER OF THE JOINT SYSTEM AND TO AUTHORIZE THE COMMISSIONERS TO MEET BIENNIALLY, IF ITS BYLAWS PROVIDE FOR IT; TO AMEND SECTION 6-25-70, RELATING TO CHANGE IN MEMBERSHIP OF A JOINT SYSTEM, SO AS TO EXEMPT A JOINT SYSTEM ORGANIZED FOR THE PURPOSE OF CREATING A FINANCING POOL FROM FILING A CHANGE IN MEMBERSHIP WITH THE SECRETARY OF STATE; TO AMEND SECTION 6-25-80, RELATING TO THE DISSOLUTION OF A JOINT SYSTEM, SO AS TO PROVIDE THAT INCOME OWNED BY THE JOINT SYSTEM AT THE TIME OF DISSOLUTION MUST BE DISBURSED TO THE VOTING MEMBERS OF THE MEMBERS OF THE JOINT SYSTEM ACCORDING TO ITS BYLAWS; TO AMEND SECTION 6-25-100, AS AMENDED, RELATING TO POWERS OF JOINT MUNICIPAL WATER SYSTEMS, SO AS TO AUTHORIZE THE SYSTEMS TO LOAN THE PROCEEDS OF ANY BORROWING TO ANY MEMBER OF THE JOINT SYSTEM WITH PAYMENT FOR BONDS OR NOTES AUTHORIZED TO BE PAID FROM LOAN REPAYMENT OF MEMBERS, AND TO PROVIDE THAT CERTAIN POWERS ARE NOT GRANTED WHEN A JOINT SYSTEM IS ORGANIZED SOLELY FOR THE PURPOSE OF CREATING A FINANCING POOL; TO AMEND SECTION 6-25-110, AS AMENDED, RELATING TO THE AUTHORIZATION OF A JOINT SYSTEM TO INCUR DEBT AND ISSUE BONDS, SO AS TO AUTHORIZE A JOINT SYSTEM FORMED FOR THE PURPOSE OF CREATING A FINANCING POOL TO ISSUE NOTES IN ANTICIPATION OF THE ISSUANCE OF BONDS BY ITS MEMBERS TO THE GOVERNMENT; TO AMEND SECTION 6-25-120, AS AMENDED, RELATING TO PAYMENT OF NOTES, OBLIGATIONS, OR BONDS, SO AS TO INCLUDE CONSTRUCTION NOTES WITHIN THE LIST OF OBLIGATIONS WHICH MAY NOT BE PLEDGED AS FULL FAITH, CREDIT, OR TAXING POWER OF ANY MEMBER OF THE JOINT SYSTEM; TO AMEND SECTION 6-25-126, RELATING TO THE AUTHORIZATION OF A JOINT SYSTEM TO TEMPORARILY INVEST FUNDS PENDING DISBURSEMENTS IN SECURITIES, SO AS TO INCLUDE CONSTRUCTION NOTES IN ADDITION TO BONDS WHICH MAY BE AUTHORIZED IN THE RESOLUTION; TO AMEND SECTION 6-25-127, RELATING TO THE ENFORCEMENT OF RIGHTS OF BONDHOLDERS, SO AS TO INCLUDE HOLDERS OF CONSTRUCTION NOTES AS HAVING THOSE RIGHTS; TO AMEND SECTION 6-25-145, RELATING TO THE PROHIBITION OF CERTAIN FIDUCIARIES TO INVEST MONIES IN THEIR HANDS IN BONDS ISSUED UNDER THE PROVISIONS OF CHAPTER 25 OF TITLE 6, SO AS TO ADD A REFERENCE TO CONSTRUCTION NOTES; TO AMEND SECTION 6-25-155, RELATING TO BONDS AS INVESTMENT SECURITIES FOR PURPOSES OF CHAPTER 8 OF TITLE 36, SO AS TO ADD CONSTRUCTION NOTES TO THOSE EVIDENCES OF INDEBTEDNESS CONSIDERED INVESTMENT SECURITIES; AND TO AMEND SECTION 6-25-160, RELATING TO THE TAX-EXEMPT STATUS OF EVIDENCES OF INDEBTEDNESS ISSUED BY A JOINT SYSTEM, SO AS TO INCLUDE CONSTRUCTION NOTES, AND ADD A REFERENCE TO SECTION 12-2-50.
Senator PASSAILAIGUE asked unanimous consent to take up the Bill for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator PASSAILAIGUE, with unanimous consent, notice of general amendments was added.
Senators RANKIN and CORK proposed the following amendment (3357R002.LAR), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION ___. A. Chapter 7, Title 5 of the 1976 Code is amended by adding:
"Section 5-7-145. (A) Each municipality bordering on the Atlantic Ocean is authorized to provide lifeguard and other safety related services on and along the public beaches within its corporate limits. A coastal municipality may enact and enforce regulations it determines necessary for the safety of all persons on the beach.
(B) Lifeguard services may be provided using municipal employees or by service agreement with a private beach safety company.
If the municipality elects to provide the services by an agreement with a private beach safety company, the following conditions apply:
(1) the municipality shall follow the procedures of the State Procurement Code, as found in Chapter 35 of Title 11, or the procedures of the municipal procurement code, in the awarding of contracts with private beach safety companies;
(2) the agreement between the municipality and private beach safety company may last no longer than seven years;
(3) the municipality may grant the exclusive right to the beach safety company to rent only the beach equipment and to sell only the items to the public on the beach that are allowed by the municipality on the effective date of this section; provided, however, that on and after the effective date of this section there shall be no granting of the right to rent any additional tangible items, or to sell any beverages to the public on the beach, or otherwise, unless and until additional personnel are hired for the additional rentals and additional activities sufficient in number so that employees already employed on the effective date of this section will not be unduly burdened.
(4) lifeguard personnel employed by the private beach safety company must be tested and certified as required by the municipality; and
(5) the conduct of the limited commercial activities granted to the private beach safety company shall not prevent or interfere in a substantial way with the peaceful, recreational use of the public beach by the general public.
(C) Nothing in this section enlarges, restricts, or infringes upon the existing rights of the owners of private property adjacent to the public beaches."
B. Section 4-9-30(11) of the 1976 Code is amended to read:
"(11) to grant franchises and make charges in areas outside the corporate limits of municipalities within the county in the manner provided by law for municipalities and subject to the same limitations, to provide for the orderly control of services and utilities affected with the public interest; provided, however, that the provisions of this subsection shall not apply to persons or businesses acting in the capacity of telephone, telegraph, gas and electric utilities, or suppliers, nor shall it apply to utilities owned and operated by a municipality; provided, further, that the provisions of this subsection shall apply to the authority to grant franchises and contracts for the use of public beaches;"
C. The first undesignated paragraph of Section 5-7-30 of the 1976 Code, as amended by Act 171 of 1993, is further amended to read:
"Each municipality of the State, in addition to the powers conferred to its specific form of government, may enact regulations, resolutions, and ordinances, not inconsistent with the Constitution and general law of this State, including the exercise of powers in relation to roads, streets, markets, law enforcement, health, and order in the municipality or respecting any subject which appears to it necessary and proper for the security, general welfare, and convenience of the municipality or for preserving health, peace, order, and good government in it, including the authority to levy and collect taxes on real and personal property and as otherwise authorized in this section, make assessments, and establish uniform service charges relating to them; the authority to abate nuisances; the authority to provide police protection in contiguous municipalities and in unincorporated areas located not more than three miles from the municipal limits upon the request and agreement of the governing body of such contiguous municipality or the county, including agreement as to the boundaries of such police jurisdictional areas, in which case the municipal law enforcement officers shall have the full jurisdiction, authority, rights, privileges, and immunities, including coverage under the workers' compensation law, which they have in the municipality, including the authority to make arrests, and to execute criminal process within the extended jurisdictional area; provided, however, that this shall not extend the effect of the laws of the municipality beyond its corporate boundaries; grant franchises for the use of public streets and make charges for them; grant franchises and make charges for the use of public beaches; engage in the recreation function; levy a business license tax on gross income, but a wholesaler delivering goods to retailers in a municipality is not subject to the business license tax unless he maintains within the corporate limits of the municipality a warehouse or mercantile establishment for the distribution of wholesale goods; and a business engaged in making loans secured by real estate is not subject to the business license tax unless it has premises located within the corporate limits of the municipality and no entity which is exempt from the license tax under another law nor a subsidiary or affiliate of an exempt entity is subject to the business license tax; borrow in anticipation of taxes; and pledge revenues to be collected and the full faith and credit of the municipality against its note and conduct advisory referenda. The municipal governing body may fix fines and penalties for the violation of municipal ordinances and regulations not exceeding five hundred dollars or imprisonment not exceeding thirty days, or both."
D. Notwithstanding any other provision of this Section or any other provision of law, the provisions of this Section shall not affect, alter, or abrogate contracts existing and in effect on the effective date of this act. /
Renumber sections to conform.
Amend title to conform.
Senator RANKIN explained the amendment.
The amendment was adopted.
Senator BRYAN proposed the following amendment (3357R003.JEB), which was adopted:
Amend the bill, as and if amended, page 14, after line 3, by adding appropriately numbered new SECTIONS to read:
/ SECTION ___. Sections 11-27-40 and 11-27-50 of the 1976 Code are amended to read:
"Section 11-27-40. The governing body of each of the political subdivisions of the State shall be empowered to incur general obligation debt for their respective political subdivisions as permitted by Section 14 of New Article X and in accordance with its provisions and limitations. All laws shall continue in force and effect after the ratification date, but each of such laws is amended as follows:
1. If no election be prescribed in such law and an election is required by New Article X, then in every such instance, a majority vote of the qualified electors of the political subdivision voting in the referendum herein authorized is declared a condition precedent to the issuance of bonds pursuant to such law. The governing body of each of the political subdivisions shall be empowered to order any such referendum as is required by New Article X or any other provision of the Constitution, to prescribe the notice thereof and to conduct or cause such referendum to be conducted in the manner prescribed by Title 7, Code of Laws of South Carolina, 1976.
2. If an election be prescribed by the provisions of such law, but is not required by the provisions of New Article X, then in every such instance, no election need be held (notwithstanding the requirement therefor in such law) and the remaining provisions of such law shall constitute a full and complete authorization to issue bond in accordance with such remaining provisions.
3. If a statutory debt limitation be prescribed by any such law, then in lieu thereof, the debt limitation shall be that resulting from the provisions of Section 14 of New Article X.
4. Notwithstanding any contrary provision in any law, any issue of general obligation bonds maturing not later than eight ten years from their date of issuance and in the amount of not exceeding one million five hundred thousand dollars may be sold at private sale and without advertisement, if not less than ten seven days prior to their delivery, notice of intention to sell such bonds at private sale shall be given by publication in a newspaper of general circulation in such political subdivision. Such notice shall set forth the purchaser, the purchase price, interest rates, and maturity schedule of such bonds.
5. As permitted by paragraph 8 of Section 14 of New Article X, all political subdivisions are authorized and empowered to incur general obligation debt in anticipation of the collection of ad valorem taxes or licenses (tax anticipation notes). Tax anticipation notes shall be expressed to mature not later than ninety days from the date on which such taxes or license fees may be paid without penalty. In the case of counties and incorporated municipalities, tax anticipation notes shall be issued pursuant to an ordinance adopted in the manner provided by law. In the case of any special purpose district, tax anticipation notes may be authorized by a resolution of its governing body but such action shall be authorized, approved, or ratified by an ordinance of the governing body or governing bodies (as the case may be) of the county or counties wherein such special purpose district is situate. The provisions of this item shall take effect upon May 30, 1977.
6. The provisions of Chapter 17 of Title 11, relating to the issuance of bond anticipation notes, shall continue in force and effect after the ratification with respect to all political subdivisions and the governing body of each political subdivision is hereby authorized and empowered to issue bond anticipation notes pursuant to and in accordance with the provisions of that chapter and the limitations imposed by paragraph 9 of Section 14 of New Article X.
7. All laws now in force permitting any political subdivisions to incur indebtedness (and to issue bonds or other evidences of debt) which shall be payable solely from a revenue-producing project or from a special source, which source does not involve revenues from any tax or license, shall continue in force and effect after the ratification date. Evidences of such indebtedness shall contain a statement on the face thereof specifying the sources from which payment is to be made and shall state that the full faith, credit, and taxing powers of the issuer are not pledged therefor.
Any law containing any provisions inconsistent herewith (including Chapter 19 of Title 11, as amended) is herewith amended by the removal therefrom of such inconsistent provisions.
8. The initiative and referendum provisions contained in Article 13, Chapter 9 of Title 4 and Chapter 17 of Title 5 of the 1976 Code, shall not be applicable to any other ordinance authorizing the issuance of general obligation bonds unless a notice, signed by not less than five qualified electors, of the intention to seek a referendum, be filed both in the office of the clerk of court of the county wherein such political subdivision is situate and with the clerk or other recording officer of the political subdivision. Such notices of intention to seek a referendum shall be so filed within twenty days following the publication by the governing body of the political subdivision of notice in a newspaper of general circulation in such political subdivision of the adoption of such ordinance.
9. Notwithstanding any other provision of law, a political subdivision may issue general obligation bonds in accordance with one or more of the following provisions:
(a) The principal amount of the bonds maturing in a given year shall be in an amount as prescribed by the governing body of the political subdivision. The first maturing bonds of an issue shall mature within five years from the date on which they are issued; and no bond shall mature later than thirty years from the date on which it is issued.
(b) The bonds shall be sold at public sale, after advertisement of the sale in a newspaper having general circulation in the State or in a financial publication published in the City of New York. The advertisement must appear not less than seven days prior to the date set for the sale. The advertisement may set as a sale date a fixed date not less than seven days following publication, or the advertisement may advise that the sale date will be at least seven days following the date of publication. If a fixed date of sale is not set forth in the notice of sale published in accordance with this subitem, the date selected for the receipt of bids must be disseminated via an electronic information service at least forty-eight hours prior to the time set for the receipt of bids. If a fixed date of sale is set forth in the notice of sale, it may be modified by notice disseminated via an electronic information service at least forty-eight hours prior to the time set for the receipt of bids on the modified date of sale. No bonds may be sold pursuant to this subitem on a date that is more than sixty days after the date of the most recent publication of the notice of sale. Bids for the purchase of bonds may be received in such form as determined by the governing body of the issuer.
(c) The bonds may be disposed of at private sale if there are no bids received or if all bids are rejected. The provisions of this section shall not prevent a sale at private sale to the United States of America or any agency thereof.
(d) Bonds issued pursuant to this section may be issued with a provision for their redemption prior to their maturity at par and accrued interest, plus such redemption premium as may be prescribed by the governing body of the issuer, but no bond shall be redeemable before maturity unless it contains a statement to that effect. In the proceedings authorizing the issuance of the bonds, provisions shall be made specifying the manner of call and the notice that must be given.
Section 11-27-50. The board of trustees or other governing body (the governing body) of each of the school districts of the State shall be empowered to incur general obligation debt for their respective school districts as permitted by Section 15 of New Article X and in accordance with its provisions and limitations. All laws relating to such matters shall continue in force and effect after the ratification date, but all such laws are amended as follows:
1. If no election be prescribed in such law and an election is required by New Article X, then in every such instance, a majority vote of the qualified electors of the school district voting in the referendum herein authorized is declared a condition precedent to the issuance of bonds pursuant to such law. The governing body of each of the school districts shall be empowered to order any such referendum as is required by New Article X or any other provisions of the Constitution, to prescribe the notice thereof and to conduct or cause to be conducted such referendum in the manner prescribed by Article 1, Chapter 71, Title 59, Code of Laws of South Carolina, 1976.
2. If an election be prescribed by the provisions of such law, but is not required by the provisions of New Article X, then in every such instance, no election need be held and the remaining provisions of such law shall constitute a full and complete authorization to issue bonds in accordance with such remaining provisions; provided, however, in no event shall the consent of any other body be required as a condition to the issuance of any general obligation bonds of a school district.
3. If a statutory debt limitation be prescribed by any such law, then in lieu thereof, the debt limitation shall be that resulting from the provisions of Section 15 of New Article X.
4. As permitted by paragraph 7 of Section 15 of New Article X, all school districts are authorized and empowered to incur general obligation debt in anticipation of the collection of ad valorem taxes (tax anticipation notes). Tax anticipation notes shall be expressed to mature not later than ninety days from the date as of which such taxes may be paid without penalty. Tax anticipation notes shall be issued pursuant to a resolution adopted by the governing body.
5. The provisions of Chapter 17 of Title 11, relating to the issuance of bond anticipation notes, shall continue in force and effect after the ratification date with respect to all school districts and the governing body of each school district is hereby authorized and empowered to issue bond anticipation notes pursuant to and in accordance with the provisions of Chapter 17 of Title 11 and the limitations imposed by paragraph 8 of Section 15 of New Article X.
6. Notwithstanding provision of law to the contrary, an issue of general obligation bonds maturing not later than ten years from their date of issuance and in the amount of not exceeding one million five hundred thousand dollars may be sold at private sale and without advertisement, if not less than seven days prior to their delivery, notice of intention to sell such bonds at private sale is given by publication in a newspaper of general circulation in the school district. Such notice shall set forth the purchaser, the purchase price, interest rates, and maturity schedule of such bonds.
7. Notwithstanding any other provision of law, a school district may issue general obligation bonds in accordance with one or more of the following provisions:
(a) The principal amount of the bonds maturing in a given year shall be in an amount as prescribed by the governing body. The first maturing bonds of an issue shall mature within five years from the date on which they are issued; and no bond shall mature later than thirty years from the date on which it is issued.
(b) The bonds shall be sold at public sale, after advertisement of the sale in a newspaper having general circulation in the State or in a financial publication published in the City of New York or, in the discretion of the authorities, in both publications. The advertisement must appear not less than seven days prior to the date set as a sale date for the sale. The advertisement may set a fixed date not less than seven days following publication, or the advertisement may advise that the sale date will be at least seven days following the date of publication. If a fixed date of sale is not set forth in the notice of sale published in accordance with this subitem, the date selected for the receipt of bids must be disseminated via an electronic information service at least forty-eight hours prior to the time set for the receipt of bids. If a fixed date of sale is set forth in this notice of sale, it may be modified by notice disseminated via an electronic information service at least forty-eight hours prior to the time set for the receipt of bids on the modified date of sale. No bonds may be sold pursuant to this section on a date that is more than sixty days after the date of the most recent publication of the notice of sale. Bids for the purchase of bonds may be received in such form as determined by the governing body of the issuer.
(c) The bonds may be disposed of at private sale if there are no bids received or if all bids are rejected. The provisions of this section shall not prevent a sale at private sale to the United States of America or any agency thereof.
(d) Any bonds issued pursuant to this section may be issued with a provision for their redemption prior to their maturity at par and accrued interest, plus such redemption premium as may be prescribed by the governing body of the issuer, but no bond shall be redeemable before maturity unless it contains a statement to that effect. In the proceedings authorizing the issuance of the bonds, provisions shall be made specifying the manner of call and the notice that must be given."
SECTION ___. Section 11-15-440 of the 1976 Code is amended to read:
"Section 11-15-440. The governing body of any issuer may issue general obligation bonds of such issuer to such extent as such issuer shall be indebted by way of principal, interest, and redemption premium upon any outstanding general obligation or revenue bonds, maturing or called for redemption, less all sinking funds and other moneys on hand applicable thereto. The issuer may utilize the provisions of Sections 11-27-40 and 11-27-50 in connection with the issuance of such refunding bonds." /
Renumber sections to conform.
Amend title to conform.
Senator BRYAN explained the amendment.
The amendment was adopted.
Senator McCONNELL objected to further consideration of the Bill.
H. 3386 (Word version) -- Reps. Wilder, Carnell and Taylor: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 66 IN LAURENS COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 76 CONTINUING TO THE INDIAN CREEK BRIDGE THE WALLACE S. BATES HIGHWAY AND INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THE HIGHWAY CONTAINING THE WORDS "WALLACE S. BATES HIGHWAY".
The Concurrent Resolution was adopted, ordered returned to the House.
S. 575 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA SALES TAX, SO AS TO PROVIDE FOR THE EXEMPTION OF SPECIFIED MEDICAL AND PHARMACEUTICAL SUPPLIES USED FOR THE INTRAVENOUS ADMINISTRATION OF A PRESCRIPTION DRUG OR MEDICINE IN CERTAIN SITUATIONS.
Senator GIESE asked unanimous consent to take the Bill up for immediate consideration.
Senator McCONNELL objected.
S. 600 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OFFICE OF OCCUPATIONAL SAFETY AND HEALTH COMPLIANCE, RELATING TO PROCEDURES FOR INTERIOR STRUCTURAL FIREFIGHTING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2343, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator J. VERNE SMITH asked unanimous consent to recommit the Joint Resolution to the Committee on Labor, Commerce and Industry.
There was no objection.
H. 3477 (Word version) -- Reps. Neilson, Seithel, Sharpe, J. Brown, J. Smith, R. Smith, Rhoad, Lucas, Davenport, Lee, Mason, Altman, Keegan, Harrison, McCraw, Clyburn, J. Hines, Bales, Lourie, Lanford, Bauer and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-190 SO AS TO CREATE A MODEL LEGISLATURE ON AGING ISSUES TO BE ADMINISTERED BY THE SOUTH CAROLINA SILVER HAIRED LEGISLATURE, INC.; TO PROVIDE FOR THE PURPOSES OF THE LEGISLATURE; AND TO PROVIDE THAT MEMBERS MUST BE SELECTED BY THE SOUTH CAROLINA SILVER HAIRED LEGISLATURE IN COORDINATION WITH THE STATE'S NETWORK OF AGING PROGRAMS.
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
S. 872 (Word version) -- Senator Bauer: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION PLACE SIGNS THAT CONTAIN THE CAPTION "HISTORIC DOWNTOWN NEWBERRY" AND THAT INDICATE THE DIRECTION TO THE HISTORIC AREA ON INTERSTATE 26 AT EXITS 72, 74, AND 76.
On motion of Senator DRUMMOND, with unanimous consent, the Concurrent Resolution was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 3699 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR THE OPERATION OF STATE GOVERNMENT OF SURPLUS FISCAL YEAR 1998-99 GENERAL FUND REVENUES.
Senator SETZLER asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Finance.
There was no objection.
Senator SETZLER asked unanimous consent to take the Joint Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Joint Resolution. The question being the second reading of the Resolution.
Senator SETZLER asked unanimous consent to give the Resolution a second reading with notice of general amendments.
There was no objection.
The Bill was recalled, read and ordered placed on the third reading Calendar.
H. 3218 (Word version) -- Rep. Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-120 SO AS TO MAKE CONFIDENTIAL THE INFORMATION PROVIDED BY A TAXPAYER IN A RETURN, REPORT, OR APPLICATION FILED WITH A COUNTY OR MUNICIAPLITY, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A CRIMINAL PENALTY AND DISMISSAL FROM OFFICE OR POSITION FOR AN EMPLOYEE OR OFFICER WHO VIOLATES THIS REQUIREMENT, AND TO DISQUALIFY FOR FIVE YEARS FROM PUBLIC OFFICE A COUNTY OR MUNICIPAL OFFICER VIOLATING THIS REQUIREMENT; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE CONFIDENTIALITY REQUIREMENTS OF STATE TAX RETURNS, SO AS TO EXTEND THIS REQUIREMENT TO THE ADMISSIONS LICENSE TAX; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO CONFORM THE EXEMPTION TO THE CONFIDENTIALITY PROVISIONS PROVIDED BY THIS ACT.
Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
Senator McCONNELL 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 McCONNELL asked unanimous consent to give the Bill a second reading with notice of general amendments.
There was no objection.
The Bill was recalled, read and ordered placed on the third reading Calendar.
H. 3698 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR THE OPERATIONS OF STATE GOVERNMENT OF SURPLUS FISCAL YEAR 1997-98 GENERAL FUND REVENUES.
Senator SETZLER moved that the Joint Resolution be made a Special Order.
There was no objection and the Joint Resolution was made a Special Order.
H. 3626 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF REVENUE TO PROMULGATE STRICT AND COMPREHENSIVE REGULATIONS NECESSARY TO REGULATE THE OPERATION OF VIDEO GAME MACHINES WITH A FREE PLAY FEATURE INCLUDING A RECOMMENDATION FOR THE IMPOSITION OF A TAX RATE AND REGULATIONS TO IMPOSE FEES ON SUCH MACHINES OR ON THE OWNERS, DISTRIBUTORS, OR OPERATORS THEREOF IN AN AMOUNT NECESSARY TO GENERATE REVENUE IN THE AGGREGATE OF AT LEAST TWO HUNDRED MILLION DOLLARS ANNUALLY, AND TO PROVIDE FOR THE PROCEDURES UNDER WHICH THE REGULATIONS MUST BE PROMULGATED INCLUDING A PROVISION THAT THEY MUST BE SUBMITTED TO THE GENERAL ASSEMBLY BY APRIL 1, 1999, AND ARE DEEMED APPROVED ON JUNE 3, 1999, IF THE GENERAL ASSEMBLY HAS NOT ENACTED A JOINT RESOLUTION PRIOR TO THIS DATE APPROVING OR DISAPPROVING SUCH REGULATIONS.
On behalf of the Chairmen's Committee, Senator SETZLER moved that the Joint Resolution be made a Special Order.
There was no objection and the Joint Resolution was made a Special Order.
On motion of Senator SETZLER, the Senate agreed to dispense with the Motion Period.
Having received a favorable report from the Barnwell County Delegation, the following appointment was confirmed in open session:
Reappointment, Barnwell County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Lawson J. Holland, Post Office Box 929, Barnwell, S.C. 29812
Having received a favorable report from the Chester County Delegation, the following appointment was confirmed in open session:
Reappointment, Chester County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
William Ralph Garris, 200 Magnolia Avenue, Great Falls, S.C. 29055
Having received a favorable report from the Darlington County Delegation, the following appointments were confirmed in open session:
Reappointment, Darlington County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Guy L. Bell, Post Office Box 505, Lamar, S.C. 29069
Reappointment, Darlington County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Clarence L. James, Post Office Box 447, Society Hill, S.C. 29593
Reappointment, Darlington County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Glynn Benfield Atkinson, 4522 Blitsgel Drive, Florence, S.C. 29501
Having received a favorable report from the Kershaw County Delegation, the following appointment was confirmed in open session:
Reappointment, Kershaw County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Thomas Edward Davis, Post Office Box 215, Bethune, S.C. 29009-0215
Having received a favorable report from the Lexington County Delegation, the following appointments were confirmed in open session:
Reappointment, Lexington County Magistrate with term to commence April 30, 1999, and to expire April 30, 2003:
Shirley M. Sons, 521 Gibson Road, Lexington, S.C. 29072
Reappointment, Lexington County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
William Gregory Shockley, 2029 Highway 178, Swansea, S.C. 29160
At 2:30 P.M., on motion of Senator SETZLER, the Senate adjourned to meet tomorrow at 11:00 A.M.
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