Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, AT THE END OF A MILLENNIUM, we pray a prayer, prayed in the last century by Gilbert Chesterton:
Let us pray.

"O God of earth and altar,

Bow down and hear our cry;

Our earthly rulers falter,

Our people drift and die;

The walls of gold entomb us;

The swords of scorn divide us,

But take away our pride."

"Tie in a living tether

The prince and priest and thrall;

Bind all our lives together;

Smite us, and save us all;

In ire and exultation,

Aflame with faith and free,

Lift up a living nation,

A single sword toThee."

Receive the benediction:

The Lord bless you and keep you.

The Lord make His face shine on you

and be gracious to you.

The Lord look upon you with favor and give you peace.
Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

The following were introduced:

S. 910 (Word version) -- Senators McConnell, Courson, Jackson, Washington, Ford, Matthews, J. Verne Smith and Reese: A CONCURRENT RESOLUTION TO THANK THE MEMBERS OF THE SELECTION RECOMMENDATION COMMITTEE OF THE AFRICAN-AMERICAN HISTORY MONUMENT COMMISSION FOR THEIR DEDICATION TO SEEING THAT THE CONTRIBUTIONS OF AFRICAN-AMERICANS TO THIS STATE RECEIVE OVERDUE RECOGNITION ON THE STATE HOUSE GROUNDS.

Senator McCONNELL spoke on the Concurrent Resolution.

The Concurrent Resolution was adopted, ordered sent to the House.

S. 678 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-9-140 SO AS TO PROHIBIT THE CONSTRUCTION OF A COMMERCIAL OR RESIDENTIAL BUILDING OR STRUCTURE USING SYNTHETIC STUCCO FOR AN EXTERIOR SURFACE.

Senator REESE asked unanimous consent to take up the Bill for the purpose of disposing of the Bill.

On motion of Senator REESE, with unanimous consent, the Bill was taken up for immediate consideration.

Senator REESE moved to table the Bill.

The Bill was laid on the table.

S. 727 (Word version) -- Education Committee: A BILL TO TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 152, SO AS TO ENACT THE "SOUTH CAROLINA FIRST STEPS TO READINESS ACT" WHICH IS AN INITIATIVE FOR IMPROVING EARLY CHILDHOOD DEVELOPMENT BY PROVIDING GRANTS TO LOCAL PARTNERSHIPS TO PROVIDE SERVICES AND SUPPORT TO CHILDREN AND THEIR FAMILIES TO ENABLE CHILDREN TO REACH SCHOOL READY TO LEARN; TO ESTABLISH GOALS FOR THIS INITIATIVE; TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE OFFICE IMPLEMENTING AND OPERATING THE INITIATIVE; TO ESTABLISH ELIGIBILITY CRITERIA AND PROGRAM PARAMETERS FOR LOCAL PARTNERSHIPS; AND TO ESTABLISH FISCAL GUIDELINES, CRITERIA FOR LOCAL MATCHING FUNDS, AND EVALUATION REQUIREMENTS FOR LOCAL PARTNERSHIPS; TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20 RELATING TO THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA, SO AS TO CHANGE THE NAME OF THE FUND TO CHILDREN'S FIRST STEPS TRUST FUND, PROVIDE THAT IT SHALL OVERSEE THE FIRST STEPS TO SCHOOL READINESS ACT, AND TO REVISE THE PURPOSES OF THE TRUST FUND AND TO FURTHER PROVIDE FOR ITS GOVERNING BOARD, FUNCTIONS, DUTIES, AND FUNDING; TO ADD SECTIONS 43-1-240 AND 44-1-280 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES AND THE BOARD AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IN ESTABLISHING PRIORITIES AND FUNDING FOR PROGRAMS AND SERVICES WHICH IMPACT ON CHILDREN AND FAMILIES DURING THE FIRST YEARS OF A CHILD'S LIFE, MUST SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT AT THE STATE AND LOCAL LEVELS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY THAT STATE AGENCIES SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT; TO REQUIRE THE CODE COMMISSIONER TO REVISE REFERENCES IN THE SOUTH CAROLINA CODE TO CONFORM TO THIS ACT, AS FEASIBLE; TO PROVIDE THAT THE TERMS OF BOARD MEMBERS OF THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA EXPIRE ON THIS ACT'S EFFECTIVE DATE; AND TO PROVIDE THAT FUNDS IN THE TRUST FUND PRIOR TO THIS ACT'S EFFECTIVE DATE MUST BE EXPENDED IN ACCORDANCE WITH THE PURPOSES OF THE FUND BEFORE AMENDMENT BY THIS ACT; AND TO AMEND CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE THE CONDITIONS, REQUIREMENTS, AND PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 1999-2000 SHALL ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN THEIR DISTRICTS, TO PERMIT THESE ALTERNATIVE SCHOOL PROGRAMS TO BE OPERATED EITHER INDIVIDUALLY OR AS A COOPERATIVE AGREEMENT WITH OTHER SCHOOL DISTRICTS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE ALTERNATIVE SCHOOLS SHALL BE FUNDED.

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

Senator BRYAN spoke on the report.

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

Whereupon, the PRESIDENT Pro Tempore appointed Senators BRYAN, MATTHEWS and SHORT to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator BRYAN, the Report of the Committee of Free Conference to S.727 was adopted as follows:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 727 (Word version) -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING ARTICLE 13 SO AS TO PROVIDE THE CONDITIONS, REQUIREMENTS, AND PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 1999-2000 SHALL ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN THEIR DISTRICTS, TO PERMIT THESE ALTERNATIVE SCHOOL PROGRAMS TO BE OPERATED EITHER INDIVIDUALLY OR AS A COOPERATIVE AGREEMENT WITH OTHER SCHOOL DISTRICTS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE ALTERNATIVE SCHOOLS SHALL BE FUNDED.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 5/27/99--S.)

Amend the bill, as and if amended, by striking all, including the title, and inserting therein the following:
/   A BILL TO AMEND CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE THE CONDITIONS, REQUIREMENTS, AND PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 1999-2000 ARE ENCOURAGED TO ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN THEIR DISTRICTS, TO PERMIT THESE ALTERNATIVE SCHOOL PROGRAMS TO BE OPERATED EITHER INDIVIDUALLY OR AS A COOPERATIVE AGREEMENT WITH OTHER SCHOOL DISTRICTS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE ALTERNATIVE SCHOOLS SHALL BE FUNDED.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   Chapter 63, Title 59 of the 1976 Code is amended by adding:

Section 59-63-1300.     The General Assembly finds that a child who does not complete his education is greatly limited in obtaining employment, achieving his full potential, and becoming a productive member of society. It is, therefore, the intent of this article to encourage district school boards throughout the State to establish alternative school programs. These programs shall be designed to provide appropriate services to students who for behavioral or academic reasons are not benefiting from the regular school program or may be interfering with the learning of others. It is further the intent of this article that cooperative agreements may be developed among school districts in order to implement innovative exemplary programs.

Section 59-63-1310.   School districts which choose to establish, maintain, and operate, either individually or as a cooperative agreement among districts, alternative school programs shall be eligible for funding provided by the General Assembly for this purpose. The program must be operated at a site separate from other schools unless operated at a time when those schools are not in session or in another building on campus which would provide complete separation from other students. However, an existing alternative school program located in a defined area within a building which provides complete separation from other students and which otherwise meets the criteria established herein may continue at this site if the location is approved by the Department of Education. Provided, that a school district or consortium may apply for a waiver to the site requirement for a new program if it demonstrates to the satisfaction of the State Department of Education that no separate site is available and the cost of temporary classroom space cannot by justified, then the alternative school program may be established in a defined area within a building which provides complete separation from other students if the location is approved by the Department of Education. This waiver may be granted for a period of two years. In order for the district or consortium to reapply for a waiver, they must outline efforts made to acquire a separate facility.

Section 59-63-1320.   Eligible alternative school programs shall be provided for, but not limited to, students in grades 6-12 as follows:

(1)   Students referred for voluntary attendance at the alternative school program and meeting the district criteria to attend based upon a documented need for the attention and assistance beyond that of a traditional program as established by the academic history of the student, including the student's academic plan as required in Section 59-18-500, and following other policies and procedures for documenting need established by the district board of trustees.

(2)   Students referred for voluntary attendance at the alternative school program and meeting the district criteria to attend based upon a documented need for the program due to habitual exhibitions of disruptive behavior in violation of the student conduct policies and behavior codes approved by the school board of trustees.
Districts must establish clear guidelines and procedures for the referral of any student into an alternative school program and before a decision is made to assign a student to an alternative school program, a determination must be made that the written and distributed academic and disciplinary policies of the district have been followed.

(3)   Students placed in an alternative school program by the district board of trustees as an option to suspension or expulsion or by the dispositive order of a family court judge, with the consent of the local board of trustees. However, before a student may be placed in an alternative school program, a determination must be made by the local board that the written and distributed disciplinary policy of the district has been followed. Districts must establish clear guidelines and procedures for the placement of any student into an alternative school program and at a minimum they shall prescribe due process procedures for placement actions.

When students are being considered for placement in an alternative school program, districts must consider the requirements of the Federal Individuals with Disabilities Education Act (IDEA).

If a student placed by the board of trustees in an alternative school program enrolls in another school district before the expiration of the period of placement, the board of trustees of the district requiring the placement shall provide to the district in which the student enrolls, at the same time other records of the student are provided, information concerning the student's placement in an alternative school program. Upon review of the information, the district in which the student enrolls may continue an alternative education program placement or may allow the student to attend regular classes without completing the period of the placement.

Section 59-63-1330.   Nothing in this article shall abrogate the authority of any public school district and its governing board to take such disciplinary action as it is otherwise empowered by law to take against any student for misconduct including, but not limited to, expulsion, and nothing in this chapter shall require that any student be assigned to such an alternative school. These decisions shall rest solely in the discretion of the district and school board, regardless of the offense, record of the child, or other information presented from any source.

Section 59-63-1340.   Within the requirements of Section 59-1-440, alternative school programs may differ from traditional education programs and schools in scheduling, administrative structure, curriculum, or setting and State requirements may be waived in these areas if such waiver assists the alternative school in meeting its purpose.

Section 59-63-1350. To be eligible for funding, a district or consortium must submit a plan for the program which includes:

(a)   mission statement,

(b)   the policy for the basis of enrollment in the school,

(c)   location of the alternative school program, and

(d)   description of how the school will focus on the educational and behavioral needs of the students. This description must include strategies for individual student instruction plans, evaluations at regular intervals of the student's educational and behavioral progress, instructional methods in meeting academic achievement standards in the core academic areas, provisions for a low pupil-teacher ratio, utilization of available technology, strict codes of student conduct, counseling, strategies to gain strong parental input and support, strategies to ensure students will adapt to a regular school setting upon departure from the alternative school program, and student time lines for meeting the academic and conduct standards set. The alternative program may be provided in conjunction with the adult education program, where appropriate. Goals, interim goals, and data collection for program evaluation must be a part of the program plan.

The instructional program should enable students to make the transition to a regular school program, earn a high school diploma or GED, or seek postsecondary education. Steps should be taken to ensure that credit earned by students participating in the alternative school program can be transferred to other public schools in the State; provided, nothing herein shall prohibit school districts and/or the South Carolina Department of Education from establishing and providing new and innovative programs as may be authorized otherwise under law to meet the unique needs of alternative school students who otherwise might drop out of school or never be able successfully to complete the requirements for a diploma.

Section 59-63-1360.     A school district or consortium shall determine what, if any, transportation shall be provided to students attending an alternative school in accordance with written district guidelines.

Section 59-63-1370.   Each school district or consortium shall establish procedures for ensuring that teachers assigned to alternative school programs possess the pedagogical and content-related skills necessary to meet the needs of the student population served by the school. Each school board also shall ensure that adequate staff development activities are available for alternative school program faculty and staff and ensure that the faculty and staff participate in these activities. The State Department of Education in consultation with other appropriate entities shall provide assistance to school districts in the development of staff development programs which include best practices. These programs shall be made available to all district teachers.

Section 59-63-1380.   A school district shall allocate to an alternative school program the same per student expenditure to include federal, state, and local funds that would be allocated to the student's school if the student were attending the student's regularly assigned school. This shall include any appropriate special education funding.

Districts or consortia meeting the eligibility requirements for alternative school funding shall receive an annual base funding minimum of $30,000 or up to $200,000 depending on the student population of the district; however, districts forming consortia will have as their base funding an amount equal to the total of the individual district's base funding, not to exceed $350,000. The State Department of Education, for the purposes of establishing base funding, shall group districts according to their average daily membership and assign the amount of base funding that districts in a grouping would receive for eligible programs. Unobligated funds from state appropriations for base funding which become available during a fiscal year may be redistributed on a per pupil basis to eligible programs in county-wide districts receiving base funding of less than $100,000; however, this redistributed funding shall not become part of the base funding for the following year. Increases in fiscal year 2000-2001 funding over the fiscal year 1999-2000 recurring and non-recurring funding shall be used to increase county-wide districts' base funding by fifty percent and this new amount shall constitute their base funding.

It is the intent of the General Assembly that, after meeting the funding requirements for base funding, eligible programs, beginning with school year 2000-2001, shall also receive per pupil funding based on the average daily membership of the students served by the program at an Education Finance Act weighting of 1.49 and beginning with school year 2001-2002 a weighting of 1.74. Per pupil funds for the alternative school program shall be distributed through the Education Finance Act formula provided for in Section 59-20-40. Beginning with school year 2002-2003, every district or district consortium shall provide alternative school opportunities for their students in grades 6-12, provided that state funding for alternative school programs is not reduced below the appropriation received in fiscal year 2001-2002.

These funds shall be used for the establishment, maintenance, and operation of alternative schools programs. Funds also may be used to provide for staff development needs pursuant to Section 59-63-1370.

Districts or consortia developing plans for the establishment of an alternative school shall be eligible for a planning grant of no more than $5,000 if criteria established by the State Board of Education are met.

Section 59-63-1390.   The State Board of Education shall promulgate regulations for establishment, maintenance, and operation of alternative school programs to include clear procedures for annual review of the implementation and progress of the alternative school program and a three-year cycle evaluation shall examine the success of this initiative. If an annual review or the evaluation finds a program is not making progress to carry out the alternative school plan or meeting the locally established measures of success, the Department of Education shall provide technical assistance and future funding may be terminated.

Section 59-63-1400.   The State Department of Education shall review alternative school plans for eligibility for funding and provide technical assistance for planning, establishing, and implementing an alternative school based on best practice. The Department shall assist any district or consortia whose plan does not meet the eligibility criteria; however, no funding will be approved until the plan ensures implementation of appropriate services for students served by the alternative school."

SECTION   2.   Section 59-18-1900 of the 1976 Code is repealed. However, districts or consortia receiving grant funds pursuant to Section 59-18-1900 shall receive no less funding for eligible alternative school programs than received in 1998-99 for the length of the original grant.

SECTION   3.   This act takes effect upon approval by the Governor.   /

Amend title to conform.

/s/ James Bryan                   /s/ Ronald Townsend
/s/ John Matthews                 /s/ Robert Walker
/s/ Linda Short                   /s/ James Barrett
On Part of the Senate.             On Part of the House.

, and a message was sent to the House accordingly.

Columbia, S.C., June 24, 1999
Mr. President and Senators:

The House respectfully informs your Honorable Body that it has requested and been granted Free Conference Powers and has appointed Reps. Townsend, Walker and Barrett of the Committee of Free Conference on the part of the House on:
S. 727 (Word version) -- Education Committee: A BILL TO TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 152, SO AS TO ENACT THE "SOUTH CAROLINA FIRST STEPS TO READINESS ACT" WHICH IS AN INITIATIVE FOR IMPROVING EARLY CHILDHOOD DEVELOPMENT BY PROVIDING GRANTS TO LOCAL PARTNERSHIPS TO PROVIDE SERVICES AND SUPPORT TO CHILDREN AND THEIR FAMILIES TO ENABLE CHILDREN TO REACH SCHOOL READY TO LEARN; TO ESTABLISH GOALS FOR THIS INITIATIVE; TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE OFFICE IMPLEMENTING AND OPERATING THE INITIATIVE; TO ESTABLISH ELIGIBILITY CRITERIA AND PROGRAM PARAMETERS FOR LOCAL PARTNERSHIPS; AND TO ESTABLISH FISCAL GUIDELINES, CRITERIA FOR LOCAL MATCHING FUNDS, AND EVALUATION REQUIREMENTS FOR LOCAL PARTNERSHIPS; TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20 RELATING TO THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA, SO AS TO CHANGE THE NAME OF THE FUND TO CHILDREN'S FIRST STEPS TRUST FUND, PROVIDE THAT IT SHALL OVERSEE THE FIRST STEPS TO SCHOOL READINESS ACT, AND TO REVISE THE PURPOSES OF THE TRUST FUND AND TO FURTHER PROVIDE FOR ITS GOVERNING BOARD, FUNCTIONS, DUTIES, AND FUNDING; TO ADD SECTIONS 43-1-240 AND 44-1-280 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES AND THE BOARD AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IN ESTABLISHING PRIORITIES AND FUNDING FOR PROGRAMS AND SERVICES WHICH IMPACT ON CHILDREN AND FAMILIES DURING THE FIRST YEARS OF A CHILD'S LIFE, MUST SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT AT THE STATE AND LOCAL LEVELS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY THAT STATE AGENCIES SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT; TO REQUIRE THE CODE COMMISSIONER TO REVISE REFERENCES IN THE SOUTH CAROLINA CODE TO CONFORM TO THIS ACT, AS FEASIBLE; TO PROVIDE THAT THE TERMS OF BOARD MEMBERS OF THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA EXPIRE ON THIS ACT'S EFFECTIVE DATE; AND TO PROVIDE THAT FUNDS IN THE TRUST FUND PRIOR TO THIS ACT'S EFFECTIVE DATE MUST BE EXPENDED IN ACCORDANCE WITH THE PURPOSES OF THE FUND BEFORE AMENDMENT BY THIS ACT; AND TO AMEND CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE THE CONDITIONS, REQUIREMENTS, AND PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 1999-2000 SHALL ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN THEIR DISTRICTS, TO PERMIT THESE ALTERNATIVE SCHOOL PROGRAMS TO BE OPERATED EITHER INDIVIDUALLY OR AS A COOPERATIVE AGREEMENT WITH OTHER SCHOOL DISTRICTS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE ALTERNATIVE SCHOOLS SHALL BE FUNDED.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 24, 1999
Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Free Conference on:
S. 727 (Word version) -- Education Committee: A BILL TO TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 152, SO AS TO ENACT THE "SOUTH CAROLINA FIRST STEPS TO READINESS ACT" WHICH IS AN INITIATIVE FOR IMPROVING EARLY CHILDHOOD DEVELOPMENT BY PROVIDING GRANTS TO LOCAL PARTNERSHIPS TO PROVIDE SERVICES AND SUPPORT TO CHILDREN AND THEIR FAMILIES TO ENABLE CHILDREN TO REACH SCHOOL READY TO LEARN; TO ESTABLISH GOALS FOR THIS INITIATIVE; TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE OFFICE IMPLEMENTING AND OPERATING THE INITIATIVE; TO ESTABLISH ELIGIBILITY CRITERIA AND PROGRAM PARAMETERS FOR LOCAL PARTNERSHIPS; AND TO ESTABLISH FISCAL GUIDELINES, CRITERIA FOR LOCAL MATCHING FUNDS, AND EVALUATION REQUIREMENTS FOR LOCAL PARTNERSHIPS; TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20 RELATING TO THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA, SO AS TO CHANGE THE NAME OF THE FUND TO CHILDREN'S FIRST STEPS TRUST FUND, PROVIDE THAT IT SHALL OVERSEE THE FIRST STEPS TO SCHOOL READINESS ACT, AND TO REVISE THE PURPOSES OF THE TRUST FUND AND TO FURTHER PROVIDE FOR ITS GOVERNING BOARD, FUNCTIONS, DUTIES, AND FUNDING; TO ADD SECTIONS 43-1-240 AND 44-1-280 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES AND THE BOARD AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IN ESTABLISHING PRIORITIES AND FUNDING FOR PROGRAMS AND SERVICES WHICH IMPACT ON CHILDREN AND FAMILIES DURING THE FIRST YEARS OF A CHILD'S LIFE, MUST SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT AT THE STATE AND LOCAL LEVELS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY THAT STATE AGENCIES SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT; TO REQUIRE THE CODE COMMISSIONER TO REVISE REFERENCES IN THE SOUTH CAROLINA CODE TO CONFORM TO THIS ACT, AS FEASIBLE; TO PROVIDE THAT THE TERMS OF BOARD MEMBERS OF THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA EXPIRE ON THIS ACT'S EFFECTIVE DATE; AND TO PROVIDE THAT FUNDS IN THE TRUST FUND PRIOR TO THIS ACT'S EFFECTIVE DATE MUST BE EXPENDED IN ACCORDANCE WITH THE PURPOSES OF THE FUND BEFORE AMENDMENT BY THIS ACT; AND TO AMEND CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE THE CONDITIONS, REQUIREMENTS, AND PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 1999-2000 SHALL ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN THEIR DISTRICTS, TO PERMIT THESE ALTERNATIVE SCHOOL PROGRAMS TO BE OPERATED EITHER INDIVIDUALLY OR AS A COOPERATIVE AGREEMENT WITH OTHER SCHOOL DISTRICTS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE ALTERNATIVE SCHOOLS SHALL BE FUNDED.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 24, 1999
Mr. President and Senators:

The House respectfully informs your Honorable Body that the report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for Ratification:
S. 727 (Word version) -- Education Committee: A BILL TO TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 152, SO AS TO ENACT THE "SOUTH CAROLINA FIRST STEPS TO READINESS ACT" WHICH IS AN INITIATIVE FOR IMPROVING EARLY CHILDHOOD DEVELOPMENT BY PROVIDING GRANTS TO LOCAL PARTNERSHIPS TO PROVIDE SERVICES AND SUPPORT TO CHILDREN AND THEIR FAMILIES TO ENABLE CHILDREN TO REACH SCHOOL READY TO LEARN; TO ESTABLISH GOALS FOR THIS INITIATIVE; TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE OFFICE IMPLEMENTING AND OPERATING THE INITIATIVE; TO ESTABLISH ELIGIBILITY CRITERIA AND PROGRAM PARAMETERS FOR LOCAL PARTNERSHIPS; AND TO ESTABLISH FISCAL GUIDELINES, CRITERIA FOR LOCAL MATCHING FUNDS, AND EVALUATION REQUIREMENTS FOR LOCAL PARTNERSHIPS; TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20 RELATING TO THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA, SO AS TO CHANGE THE NAME OF THE FUND TO CHILDREN'S FIRST STEPS TRUST FUND, PROVIDE THAT IT SHALL OVERSEE THE FIRST STEPS TO SCHOOL READINESS ACT, AND TO REVISE THE PURPOSES OF THE TRUST FUND AND TO FURTHER PROVIDE FOR ITS GOVERNING BOARD, FUNCTIONS, DUTIES, AND FUNDING; TO ADD SECTIONS 43-1-240 AND 44-1-280 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES AND THE BOARD AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IN ESTABLISHING PRIORITIES AND FUNDING FOR PROGRAMS AND SERVICES WHICH IMPACT ON CHILDREN AND FAMILIES DURING THE FIRST YEARS OF A CHILD'S LIFE, MUST SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT AT THE STATE AND LOCAL LEVELS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY THAT STATE AGENCIES SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT; TO REQUIRE THE CODE COMMISSIONER TO REVISE REFERENCES IN THE SOUTH CAROLINA CODE TO CONFORM TO THIS ACT, AS FEASIBLE; TO PROVIDE THAT THE TERMS OF BOARD MEMBERS OF THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA EXPIRE ON THIS ACT'S EFFECTIVE DATE; AND TO PROVIDE THAT FUNDS IN THE TRUST FUND PRIOR TO THIS ACT'S EFFECTIVE DATE MUST BE EXPENDED IN ACCORDANCE WITH THE PURPOSES OF THE FUND BEFORE AMENDMENT BY THIS ACT; AND TO AMEND CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE THE CONDITIONS, REQUIREMENTS, AND PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 1999-2000 SHALL ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN THEIR DISTRICTS, TO PERMIT THESE ALTERNATIVE SCHOOL PROGRAMS TO BE OPERATED EITHER INDIVIDUALLY OR AS A COOPERATIVE AGREEMENT WITH OTHER SCHOOL DISTRICTS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE ALTERNATIVE SCHOOLS SHALL BE FUNDED.
Very respectfully,
Speaker of the House

Received as information.

H. 3276 (Word version) -- Reps. Wilkins, Cato, Bailey, Barrett, Battle, G. Brown, H. Brown, Carnell, Cobb-Hunter, Easterday, Gamble, Harrell, Harrison, Jennings, Keegan, Kelley, Kirsh, Klauber, Mason, McGee, McKay, Quinn, Sandifer, Sharpe, D. Smith, R. Smith, Tripp, Young-Brickell, Leach, Whatley, Meacham, Law, Seithel, Woodrum, Trotter, Fleming, Chellis, Walker, Loftis, Altman, Riser, Stille, Rodgers, Rice, Bauer, Beck, Edge, Dantzler, Maddox, Cooper, Lanford, Martin, Hamilton, Campsen, Phillips, Lee, Gilham, Robinson and Simrill: A BILL TO AMEND CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 20 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AMOUNTS MAY BE CHARGED BY MUNICIPALITIES TO TELECOMMUNICATIONS COMPANIES FOR THE USE OF THE PUBLIC RIGHTS-OF-WAY AND FOR BUSINESS LICENSE TAXES IN ORDER TO ENSURE THAT SUCH CHARGES ARE IMPOSED ON A COMPETITIVELY NEUTRAL AND NONDISCRIMINATORY BASIS, TO LIMIT OR RESTRICT THE IMPOSITION OF CERTAIN OTHER FEES AND TAXES ON TELECOMMUNICATIONS COMPANIES BY MUNICIPALITIES; AND TO PROVIDE FOR RELATED PROCEDURAL AND OTHER MATTERS.

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

Senator MOORE spoke on the report.

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

Whereupon, the PRESIDENT Pro Tempore appointed Senators MOORE, HUTTO and RAVENEL to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator MOORE, the Report of the Committee of Free Conference to H. 3276 was adopted as follows:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3276 (Word version) -- Reps. Wilkins, Cato, Bailey, Barrett, Battle, G. Brown, H. Brown, Carnell, Cobb-Hunter, Easterday, Gamble, Harrell, Harrison, Jennings, Keegan, Kelley, Kirsh, Klauber, Mason, McGee, McKay, Quinn, Sandifer, Sharpe, D. Smith, R. Smith, Tripp, Young-Brickell, Leach, Whatley, Meacham, Law, Seithel, Woodrum, Trotter, Fleming, Chellis, Walker, Loftis, Altman, Riser, Stille, Rodgers, Rice, Bauer, Beck, Edge, Dantzler, Maddox, Cooper, Lanford, Martin, Hamilton, Campsen, Phillips, Lee, Gilham, Robinson and Simrill: A BILL TO AMEND CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 20 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AMOUNTS MAY BE CHARGED BY MUNICIPALITIES TO TELECOMMUNICATIONS COMPANIES FOR THE USE OF THE PUBLIC RIGHTS-OF-WAY AND FOR BUSINESS LICENSE TAXES IN ORDER TO ENSURE THAT SUCH CHARGES ARE IMPOSED ON A COMPETITIVELY NEUTRAL AND NONDISCRIMINATORY BASIS, TO LIMIT OR RESTRICT THE IMPOSITION OF CERTAIN OTHER FEES AND TAXES ON TELECOMMUNICATIONS COMPANIES BY MUNICIPALITIES; AND TO PROVIDE FOR RELATED PROCEDURAL AND OTHER MATTERS.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 6/3/99.)

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/   Whereas, Congress enacted the Telecommunications Act of 1996 to open local telephone markets to competition, and the telecommunications industry is in a state of transition; and

Whereas, in addition to new competitors in traditional local exchange telecommunications markets, a number of new technologies have developed and are developing at a rapid pace, expanding the array of telecommunications providers and services available to consumers; and

Whereas, since the passage of the Telecommunications Act of 1996, competition in telecommunications services and the number of competitors in the telecommunications industry in South Carolina has grown and continues to grow, as evidenced by the hundreds of new entrants into the industry. In South Carolina, over four hundred companies have been authorized to provide long distance service and over seventy companies have been authorized to provide local telephone service. South Carolina now has over one thousand authorized pay phone service providers and numerous digital and analog wireless and paging providers. Telephony may also now be provided over Internet protocol and cable modems; and

Whereas, the citizens of municipalities in South Carolina have long enjoyed the public benefit of dependable local exchange and long distance telecommunications service provided to them by telecommunications carriers that have constructed, operated, and maintained telecommunications facilities to serve those citizens, and that currently occupy the municipal rights-of-way in the State; and

Whereas, Congress has stated that nothing in Section 253 of the Telecommunications Act of 1996 affects the authority of the state or local government to manage the public rights-of-way or to require fair and reasonable compensation from telecommunications providers, on a competitively neutral and nondiscriminatory basis, for use of public rights-of-way on a nondiscriminatory basis, if the compensation required is disclosed by such government. The General Assembly finds that shifting of current taxation and fees from a franchise fee basis to the basis outlined in the attached article is necessary and appropriate due to the transition of the telecommunications industry and is fair and reasonable, and taxes and fees exceeding such amount, except upon extraordinary circumstances, would be unreasonable. Now, therefore

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   Chapter 9 of Title 58 of the 1976 Code is amended by adding:

Section 58-9-2200.     As used in this article:

(1)   'Telecommunications service' means the provision, transmission, conveyance, or routing for a consideration of voice, data, video, or any other information or signals of the purchaser's choosing to a point, or between or among points, specified by the purchaser, by or through any electronic, radio, or similar medium or method now in existence or hereafter devised. The term 'telecommunications service' includes, but is not limited to, local telephone services, toll telephone services, telegraph services, teletypewriter services, teleconferencing services, private line services, channel services, Internet protocol telephony, and mobile telecommunications services and to the extent not already provided herein, those services described in Standard Industrial Classification (SIC) 481 and North American Industry Classification System (NAICS) 5133, except satellite services exempted by law.

(2)   'Retail telecommunications service' includes telecommunications services as defined in item (1) of this section but shall not include:

(a)   telecommunications services which are used as a component part of a telecommunications service, are integrated into a telecommunications service, or are otherwise resold by another provider to the ultimate retail purchaser who originates or terminates the end-to-end communication including, but not limited to, the following:

(i)     carrier access charges;

(ii)   right of access charges;

(iii)   interconnection charges paid by the providers of mobile telecommunications services or other telecommunications services;

(iv)   charges paid by cable service providers for the transmission by another telecommunications provider of video or other programming;

(v)   charges for the sale of unbundled network elements;

(vi)   charges for the use of intercompany facilities; and

(vii)   charges for services provided by shared, not-for-profit public safety radio systems approved by the FCC;

(b)   information and data services including the storage of data or information for subsequent retrieval, the retrieval of data or information, or the processing, or reception and processing, of data or information intended to change its form or content;

(c)   cable services that are subject to franchise fees defined and regulated under 47 U.S.C. Section 542;

(d)   satellite television broadcast services.

(3)   'Telecommunications company' means a provider of one or more telecommunications services.

(4)   'Cable service' includes, but is not limited to, the provision of video programming or other programming service to purchasers, and the purchaser interaction, if any, required for the selection or use of the video programming or other programming service, regardless of whether the programming is transmitted over facilities owned or operated by the cable service provider or over facilities owned or operated by one or more other telecommunications service providers.

(5)   'Mobile telecommunications service' includes, but is not limited to, any one-way or two-way radio communication service carried on between mobile stations or receivers and land stations and by mobile stations communicating among themselves, through cellular telecommunications services, personal communications services, paging services, specialized mobile radio services, and any other form of mobile one-way or two-way communications service.

(6)   'Service address' means the location of the telecommunications equipment from which telecommunications services are originated or at which telecommunications services are received by a retail customer. If this is not a defined location, as in the case of mobile phones, paging systems, maritime systems, and the like, 'service address' means the location of the retail customer's primary use of the telecommunications equipment or the billing address as provided by the customer to the service provider, provided that the billing address is within the licensed service area of the service provider.

(7)   'Bad debt' means any portion of a debt that is related to a sale of telecommunications services and which has become worthless or uncollectable, as determined under applicable federal income tax standards.

Section 58-9-2210.     Nothing in this article shall limit a municipality's authority to enter into and charge for franchise agreements with respect to cable services as governed by 47 U.S.C. Section 542.

Section 58-9-2220.     Notwithstanding any provision of law to the contrary:

(1)   A business license tax levied by a municipality upon retail telecommunications services for the years 1999 through the year 2003 shall not exceed three-tenths of one percent of the gross income derived from the sale of retail telecommunications services for the preceding calendar or fiscal year which either originate or terminate in the municipality and which are charged to a service address within the municipality regardless of where these amounts are billed or paid and on which a business license tax has not been paid to another municipality. The business license tax levied by a municipality upon retail telecommunications services for the year 2004 and every year thereafter shall not exceed the business license tax rate as established in Section 58-9-2220(2). For a business in operation for less than one year, the amount of business license tax authorized by this section must be computed based on a twelve-month projected income.

(2) (a) The maximum business license tax that may be levied by a municipality on the gross income derived from the sale of retail telecommunications services for the preceding calendar or fiscal year which either originate or terminate in the municipality and which are charged to a service address within the municipality regardless of where these amounts are billed or paid and on which a business license tax has not been paid to another municipality for a business license tax year beginning after 2003 is the lesser of seventy-five one hundredths of one percent of gross income derived from the sale of retail telecommunication services or the maximum business license tax rate as calculated by the Board of Economic Advisors pursuant to subsection (b). For a business in operation for less than one year, the amount of business license tax authorized by this section must be computed based on a twelve-month projected income.

(b) The Board of Economic Advisors from the appropriate municipal records shall determine actual total municipal revenues from business license taxes, franchise fees, and other fees contractually imposed on the sale of telecommunications services and received from telecommunications companies in 1998, and actual total revenues received by municipalities in 1999, 2000, 2001, 2002 and 2003 from such taxes and fees imposed on the gross income derived from the sale of retail telecommunications services. The board shall determine an annual average growth rate applicable to such revenues by averaging the annual growth rates applicable to these revenues for 1999-2000, 2000-2001, 2001-2002 and 2002-2003 and shall apply that average growth rate to the 1998 actual revenues compounded annually to derive an estimated 2004 total revenue. The tax rate to be calculated by the board is the fraction produced by dividing the 2004 estimated revenue as determined above by gross income in 2003 derived from the sale of retail telecommunications services in municipalities in this State.

(c) If the maximum business license tax rate that may be levied by a municipality on retail telecommunications services, as determined by the Board of Economic Advisors, is calculated or determined to exceed seventy-five one hundredths of one percent of gross income derived from the sale of retail telecommunication services a joint telecommunications study committee shall review the maximum business license tax calculation, as determined by the Board of Economic Advisors, and verify the maximum business license tax calculation. Upon verification of the maximum business license tax calculation, the joint telecommunications study committee must sponsor a joint resolution to allow a municipality to levy the maximum business license tax rate greater than seventy-five one hundredths of one percent of gross income derived from the sale of retail telecommunications services.

(d) The joint telecommunications study committee shall consist of six members of the General Assembly: three Senators appointed by the President Pro Tem of the Senate and three Representatives appointed by the Speaker of the House. The joint telecommunications study committee shall utilize the staff and resources of the Labor, Commerce and Industry Committee of the House of Representatives and the Judiciary Committee of the Senate. The joint telecommunications study committee is authorized to verify the maximum business license tax rate determined by the Board of Economic Advisors.

(3)   A business license tax levied by a municipality upon the retail telecommunications services provided by a telecommunications company must be levied in a competitively neutral and nondiscriminatory manner upon all providers of retail telecommunications services.

(4)   The measurement of the amounts derived from the retail sale of telecommunications services does not include:

(a)   an excise tax, sales tax, or similar tax, fee, or assessment levied by the United States or any state or local government including, but not limited to, emergency telephone surcharges, upon the purchase, sale, use, or consumption of a telecommunications service, which is permitted or required to be added to the purchase price of the service; and

(b)   bad debts.

(5)   A business license tax levied by a municipality upon a telecommunications company must be reported and remitted on an annual basis. The municipality may inspect the records of the telecommunications company as they relate to payments under this article.

(6)   The measurement of the amounts derived from the retail sale of mobile telecommunications services shall include only revenues from the fixed monthly recurring charge of customers whose service address is within the boundaries of the municipality.

Section 58-9-2230.     (A)   A municipality must manage its public rights-of-way on a competitively neutral and nondiscriminatory basis and may impose a fair and reasonable franchise or consent fee on a telecommunications company for use of the public streets and public property to provide telecommunications service unless the telecommunications company has an existing contractual, constitutional, statutory, or other right to construct or operate in the public streets and public property including, but not limited to, consent previously granted by a municipality. Any such fair and reasonable franchise or consent fee which may be imposed upon a telecommunications company shall not exceed the annual sum as set forth in the following schedule based on population:

Tier I - 1 - 1,000 - $ 100.00

Tier II - 1,001 - 3,000 - $ 200.00

Tier III - 3,001 - 5,000 - $ 300.00

Tier IV - 5,001 - 10,000 - $ 500.00

Tier V - 10,001 - 25,000 - $ 750.00

Tier VI - Over 25,000 - $1,000.00

(B)   A municipality must manage its public rights-of-way on a competitively neutral and nondiscriminatory basis and may impose an administrative fee upon a telecommunications company which is not subject to subsection (A) in this section that constructs or installs or has previously constructed or installed facilities in the public streets and public property to provide telecommunications service. Any such fee which may be imposed on a telecommunications company shall not exceed the annual sum as set forth in the following schedule based on population:

Tier I - 1 - 1,000 - $ 100.00

Tier II - 1,001 - 3,000 - $ 200.00

Tier III - 3,001 - 5,000 - $ 300.00

Tier IV - 5,001 - 10,000 - $ 500.00

Tier V - 10,001 - 25,000 - $ 750.00

Tier VI - Over 25,000 - $1,000.00

(C)   No municipality shall levy any tax, license, fee, or other assessment on, with respect to, or measured by the receipts from any telecommunications service, other than (a) the business license tax authorized by this article, and (b) franchise fees as defined and regulated under 47 U.S.C. Section 542; provided, however, that nothing herein shall restrict the right of any municipality to impose ad valorem taxes, service fees, sales taxes, or other taxes and fees lawfully imposed on other businesses within the municipalities.

(D)   A telecommunications company, including a mobile telecommunications company providing mobile telecommunications services, shall not be deemed to be using public streets or public property unless it has constructed or installed physical facilities in public streets or on public property, provided that the use of public streets or public property under lease, site license, or other similar contractual arrangement between a municipality and a telecommunications company shall not constitute the use of public streets or public property under this article. Without limiting the generality of the foregoing, a telecommunications company shall not be deemed to be using public streets or public property under this article solely because of its use of airwaves within a municipality. Should any telecommunications company, including a telecommunications company providing mobile telecommunications services, request of a municipality permission to construct or install physical facilities in public streets or on public property, such request shall be considered by such municipality in a manner that is competitively neutral and nondiscriminatory as amongst all telecommunications companies.

Section 58-9-2240.     A municipality may not use its authority over the public streets and public property as a basis for asserting or exercising regulatory control over telecommunications companies regarding matters within the jurisdiction of the Public Service Commission or the Federal Communications Commission including, but not limited to, the operations, systems, service quality, service territory, and prices of a telecommunications company. Nothing in this section shall be construed to limit the authority of a local governmental entity over a cable television company providing cable service as permitted by 47 U.S.C. Section 542.

Section 58-9-2250.     A telecommunications company, its successors or assigns, that is occupying the public streets and public property of a municipality on the effective date of this article with the consent of the municipality to use such public streets and public property shall not be required to obtain additional consent to continue the occupation of those public streets and public property.

Section 58-9-2260.     (A)   No municipality may enforce an ordinance or practice which is inconsistent or in conflict with the provisions of this article, except that:
(1)As of the time of the effective date of this article, any municipality which had entered into a franchise agreement or other contractual agreement with a telecommunications provider prior to December 31, 1997, may continue to collect fees under the franchise agreement or other contractual agreement through December 31, 2003, regardless of whether the franchise agreement or contractual agreement expires prior to December 31, 2003.

(2) Nothing in this article shall be interpreted to interfere with continuing obligations of any franchise or other contractual agreement in the event that the franchise agreement or other contractual agreement should expire after December 31, 2003.

(3) In the event that a municipality collects these fees under a franchise agreement or other contractual agreement herein, the fees shall be in lieu of fees or taxes that might otherwise be authorized by this article.

(4) Any municipality that, as of the effective date of this article, has in effect a business license tax ordinance, adopted prior to December 31, 1997, under which the municipality has been imposing and a telecommunications company has been paying a business license tax higher than that permitted under this article but less than five percent may continue to collect the tax under the ordinance through December 31, 2003, instead of the business license tax permitted under this article.

(5) Any municipality which, by ordinance adopted prior to December 31, 1997, has imposed a business license tax and/or franchise fee on telecommunications companies of five percent or higher of gross income derived from the sale of telecommunications services in the municipality, to which tax and/or fee a telecommunications company has objected, failed to accept, filed suit to oppose, failed to pay any license taxes or franchise fees required thereunder, or paid license taxes or franchise fees under protest, may enforce the ordinance and the ordinance shall continue in full force and effect until December 31, 2003, unless a court of competent jurisdiction declares the ordinance unlawful or invalid. In this event, the municipality is authorized until December 31, 2003, to collect business license taxes and/or franchise fees thereunder, not exceeding three percent of gross income derived from the sale of telecommunications services for the preceding calendar or fiscal year which either originate or terminate in the municipality instead of the business license tax permitted under this article; however, this proviso applies to any business license ordinance and/or telecommunications franchise ordinance notwithstanding that same is amended or has been amended subsequent to December 31, 1997.

(B)   The exception to this article described in subsection (A)(5) no longer applies after December 31, 2003.

Section 58-9-2270.     A telecommunications company may include the following statement or substantially similar language in any municipal customer's bill when that customer's municipality charges a business license tax to the telecommunications company under this chapter: 'Please note that included in this bill there may be a line-item charge for a business license tax assessed by your municipality'."

SECTION   2.   If a section, paragraph, provision, or portion of this article is held to be unconstitutional or invalid by a court of competent jurisdiction, this holding shall not affect the constitutionality or validity of the remaining portions of this article, and the General Assembly for this purpose hereby declares that the provisions of this article are severable from each other.

SECTION   3.   This act takes effect upon approval by the Governor.   /

Amend title to conform.

/s/ Thomas L. Moore               /s/ Harry F. Cato
/s/ C. Bradley Hutto              /s/ William E. Sandifer
/s/ Authur Ravenel, Jr.           /s/ Brenda Lee
On Part of the Senate.             On Part of the House.

, and a message was sent to the House accordingly.

Columbia, S.C., June 23, 1999
Mr. President and Senators:

The House respectfully informs your Honorable Body that it has requested and been granted Free Conference Powers and has appointed Reps. Cato, Sandifer and Lee of the Committee of Free Conference on the part of the House on:
H. 3276 (Word version) -- Reps. Wilkins, Cato, Bailey, Barrett, Battle, G. Brown, H. Brown, Carnell, Cobb-Hunter, Easterday, Gamble, Harrell, Harrison, Jennings, Keegan, Kelley, Kirsh, Klauber, Mason, McGee, McKay, Quinn, Sandifer, Sharpe, D. Smith, R. Smith, Tripp, Young-Brickell, Leach, Whatley, Meacham, Law, Seithel, Woodrum, Trotter, Fleming, Chellis, Walker, Loftis, Altman, Riser, Stille, Rodgers, Rice, Bauer, Beck, Edge, Dantzler, Maddox, Cooper, Lanford, Martin, Hamilton, Campsen, Phillips, Lee, Gilham, Robinson and Simrill: A BILL TO AMEND CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 20 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AMOUNTS MAY BE CHARGED BY MUNICIPALITIES TO TELECOMMUNICATIONS COMPANIES FOR THE USE OF THE PUBLIC RIGHTS-OF-WAY AND FOR BUSINESS LICENSE TAXES IN ORDER TO ENSURE THAT SUCH CHARGES ARE IMPOSED ON A COMPETITIVELY NEUTRAL AND NONDISCRIMINATORY BASIS, TO LIMIT OR RESTRICT THE IMPOSITION OF CERTAIN OTHER FEES AND TAXES ON TELECOMMUNICATIONS COMPANIES BY MUNICIPALITIES; AND TO PROVIDE FOR RELATED PROCEDURAL AND OTHER MATTERS.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 23, 1999
Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Free Conference on:
H. 3276 (Word version) -- Reps. Wilkins, Cato, Bailey, Barrett, Battle, G. Brown, H. Brown, Carnell, Cobb-Hunter, Easterday, Gamble, Harrell, Harrison, Jennings, Keegan, Kelley, Kirsh, Klauber, Mason, McGee, McKay, Quinn, Sandifer, Sharpe, D. Smith, R. Smith, Tripp, Young-Brickell, Leach, Whatley, Meacham, Law, Seithel, Woodrum, Trotter, Fleming, Chellis, Walker, Loftis, Altman, Riser, Stille, Rodgers, Rice, Bauer, Beck, Edge, Dantzler, Maddox, Cooper, Lanford, Martin, Hamilton, Campsen, Phillips, Lee, Gilham, Robinson and Simrill: A BILL TO AMEND CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 20 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AMOUNTS MAY BE CHARGED BY MUNICIPALITIES TO TELECOMMUNICATIONS COMPANIES FOR THE USE OF THE PUBLIC RIGHTS-OF-WAY AND FOR BUSINESS LICENSE TAXES IN ORDER TO ENSURE THAT SUCH CHARGES ARE IMPOSED ON A COMPETITIVELY NEUTRAL AND NONDISCRIMINATORY BASIS, TO LIMIT OR RESTRICT THE IMPOSITION OF CERTAIN OTHER FEES AND TAXES ON TELECOMMUNICATIONS COMPANIES BY MUNICIPALITIES; AND TO PROVIDE FOR RELATED PROCEDURAL AND OTHER MATTERS.
Very respectfully,
Speaker of the House

The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification:

H. 3276 (Word version) -- Reps. Wilkins, Cato, Bailey, Barrett, Battle, G. Brown, H. Brown, Carnell, Cobb-Hunter, Easterday, Gamble, Harrell, Harrison, Jennings, Keegan, Kelley, Kirsh, Klauber, Mason, McGee, McKay, Quinn, Sandifer, Sharpe, D. Smith, R. Smith, Tripp, Young-Brickell, Leach, Whatley, Meacham, Law, Seithel, Woodrum, Trotter, Fleming, Chellis, Walker, Loftis, Altman, Riser, Stille, Rodgers, Rice, Bauer, Beck, Edge, Dantzler, Maddox, Cooper, Lanford, Martin, Hamilton, Campsen, Phillips, Lee, Gilham, Robinson and Simrill: A BILL TO AMEND CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 20 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AMOUNTS MAY BE CHARGED BY MUNICIPALITIES TO TELECOMMUNICATIONS COMPANIES FOR THE USE OF THE PUBLIC RIGHTS-OF-WAY AND FOR BUSINESS LICENSE TAXES IN ORDER TO ENSURE THAT SUCH CHARGES ARE IMPOSED ON A COMPETITIVELY NEUTRAL AND NONDISCRIMINATORY BASIS, TO LIMIT OR RESTRICT THE IMPOSITION OF CERTAIN OTHER FEES AND TAXES ON TELECOMMUNICATIONS COMPANIES BY MUNICIPALITIES; AND TO PROVIDE FOR RELATED PROCEDURAL AND OTHER MATTERS.

, and a message was sent to the House accordingly.

S. 329 (Word version) -- Senators Moore, McConnell, Russell, McGill, Passailaigue, Reese, Jackson, Martin, Washington and Saleeby: A BILL TO AMEND CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 20 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AMOUNTS MAY BE CHARGED BY MUNICIPALITIES TO TELECOMMUNICATIONS COMPANIES FOR THE USE OF THE PUBLIC RIGHTS-OF-WAY AND FOR BUSINESS LICENSE TAXES IN ORDER TO ENSURE THAT SUCH CHARGES ARE IMPOSED ON A COMPETITIVELY NEUTRAL AND NONDISCRIMINATORY BASIS, TO LIMIT OR RESTRICT THE IMPOSITION OF CERTAIN OTHER FEES AND TAXES ON TELECOMMUNICATIONS COMPANIES BY MUNICIPALITIES; AND TO PROVIDE FOR RELATED PROCEDURAL AND OTHER MATTERS.

Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

On motion of Senator MOORE, with unanimous consent, the Bill was recommitted to the Committee on Judiciary.

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 PASSAILAIGUE 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 third reading of the Joint Resolution.

Senators DRUMMOND, PASSAILAIGUE, McCONNELL, and RAVENEL proposed the following amendment (KGH\15812HTC99), which was adopted:

Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:

/ SECTION   1.   Chapter 37, Title 12 of the 1976 Code is amended by adding:

"Section 12-37-223.   As authorized by Section 3, Article X of the South Carolina Constitution, the General Assembly hereby authorizes the governing body of a county by ordinance to exempt an amount of fair market value of real property located in the county sufficient to limit to fifteen percent any valuation increase attributable to the implementation in the county of a countywide appraisal and equalization program conducted pursuant to Section 12-43-217. An exemption allowed by this section does not apply to:

(1)   real property valued for property tax purposes by the unit valuation method;

(2)   value attributable to property or improvements not previously taxed, such as new construction, and for renovation of existing structures;

(3)   property transferred after the implementation of the most recent countywide equalization program conducted pursuant to Section 12-43-217, except property transfers that are not subject to income tax pursuant to Sections 102, 351, 355, 368, 721, 1031, 1033, or 1041 of the Internal Revenue Code as defined in Section 12-6-40.

Assessed value exempted from ad valorem taxation by an ordinance enacted pursuant to this section is nevertheless considered taxable property for purposes of any formula using assessed value of property to determine state aid to school districts for public education and computing the bonded indebtedness limit for a political subdivision or school district.

The ordinance allowed by this section may be given retroactive effect but shall not affect taxes due prior to its enactment."

SECTION   2.   Notwithstanding the date of enactment during the 1999 Legislative Session of any act adding Section 12-37-223 to the Code of Laws of South Carolina, the version of Section 12-37-223 as contained in this enactment is deemed the latest enactment of this section.

SECTION   3.   This joint resolution takes effect upon approval by the Governor. /

Amend title to read:

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-223 SO AS TO AUTHORIZE A COUNTY GOVERNING BODY BY ORDINANCE TO LIMIT THE INCREASE IN REAL PROPERTY VALUE TO FIFTEEN PERCENT AS THE RESULT OF A COUNTYWIDE REASSESSMENT AND EQUALIZATION PROGRAM AND TO SPECIFY THE APPLICATION OF THIS PROVISION, PROVIDE CERTAIN EXCEPTIONS AND AUTHORIZE THE COUNTY GOVERNING BODY TO MAKE THE ORDINANCE APPLY RETROACTIVELY; AND TO PROVIDE THAT THE VERSION OF SECTION 12-37-223 AS ADDED BY THIS ENACTMENT IS DEEMED THE LATEST ENACTMENT OF THIS SECTION DURING THE 1999 LEGISLATIVE SESSION.

The amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

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.

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

Senator LAND spoke on the report.

On motion of Senator LAND, the Report of the Committee of Conference to H. 3359 was adopted as follows:

The COMMITTEE OF CONFERENCE, to whom was referred:
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.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 6/3/99--S.)

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/   SECTION   1.   The 1976 Code is amended by adding:

"Section 12-37-224.   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."

SECTION   2.   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."

SECTION   3.   A.   Section 2-7-76 of the 1976 Code, as last amended by Section 115, Part II, Act 497 of 1994, is further amended to read:

"Section 2-7-76.     (A)   Whenever The chairman of the legislative committee to which a bill or resolution was referred shall direct the Budget Division or the Economic Research Section of the Budget and Control Board, as appropriate, to prepare and affix to it a statement of the estimated fiscal or revenue impact and cost to the counties and municipalities of the proposed legislation before the legislation is reported out of that committee if a bill or resolution:

(1)   requires a county or municipality to expend funds allocated to the county or municipality under pursuant to Chapter 27 of Title 6, or whenever a bill or resolution;

(2)   is introduced in the General Assembly to require the expenditure of funds by a county or municipality, or whenever a bill or resolution;

(3)   requires the use of county or municipal personnel, facilities, or equipment to implement a general law or regulations promulgated pursuant to a general law,; or whenever a bill

(4)   relates to taxes imposed by political subdivisions, the chairman of the legislative committee to which the bill or resolution was referred shall direct the Budget Division or the Department of Revenue, as appropriate, to prepare and affix to it a statement of the estimated fiscal or revenue impact and cost to the counties and municipalities of the proposed legislation prior to the legislation being reported out of that committee.

(B)   A revised estimated fiscal or revenue impact and cost statement must be prepared at the direction of the presiding officer of the House of Representatives or the Senate by the Budget Division or Department of Revenue prior to Economic Research Section of the Budget and Control Board before third reading of the bill or resolution, if there is a significant amendment to the bill or resolution.

(C)   For purposes of this section, political subdivision means a county, municipality, school district, special purpose district, public service district, or consolidated political subdivision."

B.     Section 12-6-40(A) of the 1976 Code, as last amended by Act 268 of 1998, is further amended to read:

"(A)   'Internal Revenue Code' means the Internal Revenue Code of 1986 as amended through December 31, 1997 1998, and includes the effective date provisions contained therein."

C.     Section 12-6-1120(8) of the 1976 Code, as added by Act 76 of 1995, is amended to read:

"(8)   Each partner in the Palmetto Seed Capital Fund Limited Partnership (Fund) established under pursuant to Section 41-44-60 shall exclude from South Carolina gross income, seventy-five percent of the partner's proportionate share of income that the fund derives from a South Carolina business which is either:

( i)   established and operated in a less least developed county as defined in Section 12-6-3360,; or

(ii)   invested in agriculture, aquaculture, or a related business or in a business created by a socially or economically disadvantaged individual as defined in 13 Code of Federal Regulations, Sections 124.105(A) and 124.106 (1987)."

D.     Section 12-6-3410(D)(2) of the 1976 Code, as added by Act 76 of 1995, is amended to read:

"(2)   The establishment, expansion, or addition of a corporate headquarters or research and development facility must result in:

(a)   the creation of at least seventy-five new full-time jobs performing either:

( i)   headquarters related functions and services; or

(ii)   research and development related functions and services which.

The jobs must have an average cash compensation level of more than one and one-half times the per capita income of this State at the time the jobs are filled based on the most recent per capita income data available as of the end of the taxpayer's taxable year in which the jobs are filled; and

(b)   an average South Carolina employee cash compensation level for all employees in this State of more than twice the per capita income in the State at the time the newly created jobs are filled based on the most recent per capita income data available as of the end of the taxpayer's taxable year in which the jobs are filled."

E.     Section 12-6-3465 of the 1976 Code, as added by Act 32 of 1995, is amended to read:

"Section 12-6-3465.   A taxpayer who is constructing or operating a qualified recycling facility as defined in Section 12-7-1275 12-6-3460 shall be is entitled to credits in the amount of all funds collected as permitted in Section 12-10-80, which credits can be used to reduce the taxpayer's corporate income tax imposed by Section 12-7-230 12-6-530, sales or use tax imposed by the State or any political subdivision of the State, corporate license fees imposed by Section 12-19-70 12-20-50 or any tax similar to these taxes. Any unused credits may be carried forward to subsequent taxable years until such credits are exhausted."

F.     Section 12-16-20(5) of the 1976 Code, as last amended by Act 361 of 1992, is further amended to read:

"(5)   'Internal Revenue Code' means the Internal Revenue Code of 1986, as amended through December 31, 1991 as described in Section 12-6-40(A)."

G.     Section 12-20-20(A) of the 1976 Code, as added by Act 76 of 1995, is amended to read:

"(A)   Except for those corporations described in Section 12-20-110, every domestic corporation, every foreign corporation qualified to do business in this State, and any other corporation required by Section 12-6-530 12-6-4910 to file income tax returns shall file an annual report with the department."

H.     The third paragraph of Section 12-36-510(C) of the 1976 Code, as last amended by Act 383 of 1994, is further amended to read:

"'Special event' means a promotional show, trade show, fair, festival, or carnival for which an admissions fee is required for entering the event or, in the case of a festival, if the festival is listed as a special event in the calendar of events provided by the South Carolina Department of Parks, Recreation and Tourism. In addition, the event must be operated for a period of less than twelve consecutive days."

I.   Section 12-37-251(F) of the 1976 Code, as last amended by Section 29C, Part II, Act 419 of 1998, is further amended to read:

"(F)   The exemption allowed by this section is conditional on full funding of the Education Finance Act and on an appropriation by the General Assembly each year reimbursing school districts an amount equal to the Department of Revenue's Economic Research Section of the Budget and Control Board estimate of total school tax revenue loss resulting from the exemption in the next fiscal year."

J.   The second paragraph of Section 12-54-85(D) of the 1976 Code, as added by Act 60 of 1995, is amended to read:

"Notwithstanding any restrictions on filing a claim for refund provided in subsection (F) below, a corporation may file a claim for refund resulting from an overpayment due to changes in taxable income made by the Internal Revenue Service within thirty ninety days from the date the Internal Revenue Service changes the taxable income."

K.   1.   Section 12-56-20(1) of the 1976 Code, as last amended by Section 55A, Part II, Act 419 of 1998, is further amended to read:

"(1)   'Claimant agency' means a state agency, board, committee, commission, public institution of higher learning, political subdivision, South Carolina Student Loan Corporation, housing authorities established pursuant to Articles 5, 7, and 9 of Chapter 3 of Title 31, and the Internal Revenue Service. It also includes a private institution of higher learning for the purpose of collecting debts related to default on authorized educational loans made pursuant to Chapters 111, 113, or 115 of Title 59. 'Political subdivision' includes the Municipal Association of South Carolina and the South Carolina Association of Counties when these organizations submit claims on behalf of their members, or other political subdivisions, or other claimant agencies as defined in this item. A political subdivision who submits a claim through an association is a claimant agency for the purpose of the notice and appeal provisions and other requirements of this chapter."

2.   Section 12-56-60 of the 1976 Code, as added by Act 76 of 1995, is amended to read:

"Section 12-56-60.     (A)   A claimant agency seeking to attempt collection of a delinquent debt through setoff shall notify the department in writing and supply information the department determines necessary to identify the debtor whose refund is sought to be set off. A request for setoff may be made only after the claimant agency has notified the debtor of its intention to cause the debtor's refund to be set off not less than thirty days before the claimant agency's request to the department. This notice must be given in person, left at the dwelling or usual place of business of the debtor, or sent by certified or registered mail to the debtor's last known address no less than thirty days before the claimant agency's request to the department. The notice shall include a statement which sets forth administrative appeal procedures available to the debtor and alternatives available to the debtor which could prevent setoff. The claimant agency promptly shall notify the debtor when the liability out of which the setoff arises is satisfied. Notification to the department and the furnishing of identifying information must occur on or before a date specified by the department in the year preceding the calendar year during which the refund would be paid. Additionally, subject to the notification deadline specified above, the notification is effective only to initiate setoff for claims against refunds that would be made in the calendar year subsequent to the year in which notification is made to the department.

(B)   Upon receiving the certification of the claimant agency of the amount of the delinquent debt, the department shall determine if the debtor is due a refund. If the debtor is due a refund of more than twenty-five dollars, the department shall set off the delinquent debt against the amount of the refund in excess of twenty-five dollars and transfer the amount set off to the claimant agency. The department may retain an amount not to exceed twenty-five dollars of each refund set off to defray its administrative expenses. No apportionment is required in cases of refunds resulting from filing joint returns. A person has no property right or property interest in a refund until all amounts due the State and claimant agencies are paid. The department shall consider any certified delinquent debt and debtor list provided by a claimant agency as correct and the department is not liable for a wrongful or improper setoff. Reviews of refund setoffs are with the claimant agency. If, after appropriate review the claimant agency determines that the setoff amount is excessive, it shall refund the appropriate amount to the taxpayer. If, after appropriate review, the claimant agency determines that it is entitled to no part of the amount set off, it shall refund the entire amount plus the administrative fee retained by the department. That portion of the refund reflecting the administrative fee must be paid from claimant agency funds. If a refund has been retained in error, the claimant agency shall pay interest to the taxpayer calculated as provided in Section 12-54-20 from the date provided by law after which interest is paid on refunds until the appeal is final except that no interest accrues when the claimant agency is the Office of Child Support Services of the South Carolina Department of Social Services."

3.   Chapter 56 of Title 12 of the 1976 Code is amended by adding:

"Section 12-56-62.   The notice of intention to set off must be given by mailing the notice, with postage prepaid, addressed to the debtor at the address provided to the claimant agency when the debt was incurred or at the debtor's last known address. The giving of the notice by mail is complete upon the expiration of thirty days after deposit of the notice in the mail. A certification by the claimant agency that the notice has been sent as required by this section is presumptive proof that the requirements as to notice are met, even if the notice actually has not been received by the debtor. The notice must include a statement of appeal procedures available to the debtor, substantially as follows:

'According to our records, you owe the (claimant agency) a debt in the amount of (amount of the debt) for (type of debt) . You are hereby notified of the (claimant agency's) intention to submit this debt to the South Carolina Department of Revenue to be set off against your individual income tax refund. Pursuant to the Setoff Debt Collection Act, this amount, plus all costs, will be deducted from your South Carolina individual income tax refund unless you file a written protest within thirty days of the date of this notice. If you file a joint return with your spouse, this amount will be deducted from the total joint refund without regard to which spouse incurred the debt or actually withheld the taxes. The protest must contain the following information:

(1)   your name;

(2)   your address;

(3)   your social security number;

(4)   the type of debt in dispute; and

(5)   a detailed statement of all the reasons you disagree or dispute the debt.

The original written protest must be mailed to the (claimant agency) at the following address:

(address of the entity requesting the setoff) .'

Section 12-56-63.   (A)   A debtor who protests the debt shall file a written protest with the claimant agency at the address provided in the claimant agency's notification of intention to set off. The protest must be filed within thirty days of the date of the notice of intention to set off and must contain the debtor's name, address, and social security number, identify the type of debt in dispute, and give a detailed statement of all the reasons which support the protest. The requirements of this section are jurisdictional.

(B)   An association defined as a political subdivision in Section 12-56-20(1) may contract with another political subdivision for the processing of debts to be submitted to the department. These services may be funded through an administrative fee. The association is exempt from the notice and appeal procedures of this chapter. The entity responsible for the notice and hearing requirements of this chapter is the political subdivision which has submitted its claim through the association or governmental entity which has submitted it directly to the department.

Section 12-56-65.   (A)   Before submitting a debt to the department, the claimant agency shall appoint a hearing officer to hear a protest of a debtor. This hearing officer is vested with the authority to decide a protest in favor of either the debtor or the claimant agency. The claimant agency shall certify to the department, on a form prescribed by the department, that a hearing officer has been appointed and shall inform the department of the name, address, and telephone number of the hearing officer. If this hearing officer is unable to serve at any time, the claimant agency shall appoint another hearing officer.

(B)   Upon receipt of a notice of protest, the claimant agency shall notify the department that a protest has been received and shall hold an informal hearing at which the debtor may present evidence, documents, and testimony to dispute the debt. The claimant agency shall notify the debtor of the date, time, and location of the informal hearing. At the conclusion of the informal hearing, the hearing officer shall render his determination. Upon receipt of a sworn certification from the hearing officer that he held an informal hearing and ruled in favor of the claimant agency, the department may proceed with the setoff, regardless of a subsequent appeal by the debtor.

(C)   A debtor may seek relief from the hearing officer's determination by requesting, within thirty days of the determination, a contested case hearing before the Administrative Law Judge Division. A request for a hearing before the Administrative Law Judge Division must be made in accordance with its rules.

(D)   If a setoff is made and the determination of the hearing officer in favor of the claimant agency is later reversed, the claimant agency shall refund the appropriate amount to the taxpayer. If the claimant agency is found to be entitled to no part of the amount set off, it shall refund the entire amount plus the administrative fee retained by the department. That portion of the refund reflecting the administrative fee must be paid from claimant agency funds. If the claimant agency is found to be entitled to a portion of the amount set off, it is not required to refund the administrative fee retained by the department.

(E)   If a refund is retained in error, the claimant agency shall pay to the taxpayer interest calculated as provided in Section 12-54-20 from the date provided by law after which interest is paid on refunds until the appeal is final, except that interest does not accrue when the claimant agency is the Office of Child Support Services of the South Carolina Department of Social Services.

(F)   If the claimant agency determines that money has been erroneously or illegally set off, the claimant agency, in its discretion, may refund the amount of the setoff, even if the debtor does not file a protest.

(G)   A setoff may not be contested more than one year after the date the setoff was made. The date of the setoff must be conclusively determined by the department. This provision must be construed as a statute of repose and not as a statute of limitation.

Section 12-56-67.   This section does not create a right to jury trial where one does not already exist. Where a debtor otherwise is entitled to have a jury determine the issue of indebtedness, that right is preserved specifically. If a right to a jury trial already exists and the debtor wishes to exercise that right, the debtor is not required to request a contested case hearing before the Administrative Law Judge Division but instead must file a summons and complaint in the Court of Common Pleas and serve the pleadings on the claimant agency within thirty days from the date of the hearing officer's determination. The summons and complaint must name the claimant agency as a defendant and the allegations of the complaint must contest the debt and any potential setoff.

Section 12-56-120.     The department is exempt from the notice and appeal procedures of this chapter. The appeal procedures for the setoff of any debt owed to the department is governed by the provisions of Chapter 60 of Title 12 which provides the sole and exclusive remedy for these procedures."

4.     Section 12-56-110 of the 1976 Code, as added by Act 76 of 1995, is amended to read:

"Section 12-56-110.   The department shall may promulgate regulations and prescribe forms and procedures necessary to implement this chapter."

5.     All liabilities incurred and rights accrued before the effective date of this section are unaffected by the provisions of this section.

6.     Upon approval by the Governor, this section applies to a liability incurred or a right accrued on and after that date.

SECTION   4.   A.   Article 1, Chapter 54, Title 12 of the 1976 Code is amended by adding:

"Section 12-54-43.   (A)   Except as otherwise provided, the civil penalties imposed by this penalty section apply to every revenue or tax law of the State that provides for the filing with the department of a return or statement of the tax or the amount taxable.

(B)   The penalties described in this section must be added to and become a part of and collected as the tax imposed by the revenue or tax laws of this State.

(C)(1)   In the case of failure to file a return on or before the date prescribed by law, determined with regard to any extension of time for filing, there must be added to the amount required to be shown as tax on the return, a penalty of five percent of the amount of the tax if the failure is for not more than one month, with an additional five percent for each additional month or fraction of the month during which the failure continues, not exceeding twenty-five percent in the aggregate.

(2)   In case of a failure to file a return of tax within sixty days of the date prescribed for filing the return, determined with regard to any extension of time for filing, the addition to tax must not be less than the lesser of one hundred dollars or one hundred percent of the amount required to be shown as tax on the return, except in those cases in which the tax owed is one hundred dollars or less.

(3)   For the purpose of this subsection, the amount of tax required to be shown on the return must be reduced by the amount of any part of the tax which is paid on or before the date prescribed for payment of the tax and by the amount of any credit against the tax which may be claimed upon the return.

(D)   In case of failure to pay the amount shown as tax on any return on or before the date prescribed by law, determined with regard to any extension of time for paying, there must be added to the tax due a penalty of one-half of one percent of the amount of the tax if the failure is for not more than one month, with an additional one-half of one percent for each additional month or fraction of the month, during which the failure continues, not exceeding twenty-five percent in the aggregate.

(E)   In case of failure to pay any amount of any tax required to be shown on a return which is not shown, including an assessment within ten days of the date of the notice and demand for payment, there must be added to the amount of tax stated in the notice and demand one-half of one percent of the amount of the tax if the failure is for not more than one month, with an additional one-half of one percent for each additional month or fraction of a month during which the failure continues, not exceeding twenty-five percent in the aggregate.

(F)(1)   If part of an underpayment of tax or part of a claim for refund of tax paid is due to negligence or disregard of regulations, there must be added to the tax an amount equal to the sum of five percent of the underpayment or claimed refund and an amount equal to fifty percent of the interest payable under Section 12-54-25.

(2)   A portion of an underpayment attributable to fraud with respect to which a penalty is imposed under subsection (G) must not be considered under this subsection.

(3)   For purposes of this subsection, 'negligence' includes a failure to make a reasonable attempt to comply with the provisions of this title, and 'disregard' includes careless, reckless, or intentional disregard.

(G)(1)   If a part of an underpayment of tax required to be shown on a return is due to fraud, there must be added to the tax an amount equal to the sum of seventy-five percent of the portion of the underpayment which is attributable to fraud and an amount equal to fifty percent of the interest payable under Section 12-54-25 with respect to that portion for the period beginning on the last day prescribed by law for payment of the underpayment, determined without regard to any extension, and ending on the date of the assessment of the tax or, if earlier, the date of the payment of the tax.

(2)   If the department establishes that a portion of an underpayment is attributable to fraud, the entire underpayment must be treated as attributable to fraud, except that portion of the underpayment which the taxpayer establishes is not attributable to fraud.

(3)   In case of a joint return, this subsection applies to a spouse only if some part of the underpayment is due to the fraud of the spouse.

(4)   If a penalty is assessed under this subsection for an underpayment of tax which is required to be shown on a return, a penalty relating to failure to file the return or pay tax may not be assessed with respect to the portion of the underpayment which is attributable to fraud.

(H)   A person who must obtain a license or purchase stamps for identification purposes, and who fails to obtain or display the license properly, or to affix the stamps properly, or to comply with statutory provisions, is subject to a penalty of not less than fifty dollars nor more than five hundred dollars for each failure. For failure to obtain or display a license as prescribed in Sections 12-21-2720 and 12-21-2730, the penalty is fifty dollars for each failure to comply.

(I)   A person:

(1)   who files what purports to be a return of the tax imposed by a provision of law administered by the department but which:

(a)   does not contain information on which the substantial correctness of the tax liability may be judged; or

(b)   contains information that on its face indicates the liability is substantially incorrect; and

(2)   whose conduct is due to:

(a)   a position which is frivolous; or

(b)   a desire, which appears on the purported return, to delay or impede the administration of state tax laws;

(3)   is liable to a penalty of five hundred dollars. This penalty is in addition to all other penalties provided by law.

(J)   Whenever it appears to an administrative law judge that proceedings before him have been instituted or maintained by the taxpayer primarily for delay or that the taxpayer's position in the proceedings is frivolous or groundless, damages in an amount not to exceed five thousand dollars must be awarded to the State in the administrative law judge's decision. These damages must be assessed at the same time as the deficiency, paid upon notice and demand from the department, and collected as a part of the tax.

Section 12-54-44.   (A)   Except as otherwise provided, the criminal penalties imposed by this section apply to every revenue or tax law of the State that provides for the filing with the department of a return or statement of the tax or the amount taxable.

(B)(1)   A person who wilfully attempts in any manner to evade or defeat a tax or property assessment imposed by a title administered by the department or the payment of that tax or property assessment, in addition to other penalties provided by law, is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than five years, or both, together with the cost of prosecution.

(2)   A person required by a provision of law administered by the department and who wilfully fails to collect, truthfully account for, and pay over any tax imposed by a provision of law, in addition to other penalties provided by law, is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than five years, or both, together with the cost of prosecution.

(3)   A person required under any provision of law administered by the department and who wilfully fails to pay any estimated tax or tax, or who is required by any provision of law or by any regulation and who wilfully fails to make a return, keep records, or supply information, at the time or times required by law or regulation, in addition to other penalties provided by law, is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars, or imprisoned not more than one year, or both, together with the cost of prosecution.

(4)   A person required by law or regulation to furnish a statement who wilfully furnishes a false or fraudulent statement in the manner, at the time, and showing the information required by law or regulation, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.

(5)   A person required to supply information to his employer under Chapter 8 of Title 12 who wilfully supplies false or fraudulent information or who wilfully fails to supply information which would require an increase in the tax to be withheld under Chapter 8, Title 12 is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars, or imprisoned not more than one year, or both. Offenses in this item are triable in magistrate's court.

(6)(a)   A person is guilty of a felony and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than five years, or both, together with the cost of prosecution, if he:

( i)   wilfully makes and subscribes any return, statement, or other document, which contains or is verified by a written declaration that it is made under the penalties of perjury, and which he does not believe to be true and correct as to every material matter; or

(ii)   wilfully assists in, or procures, counsels, or advises the preparation or presentation under, or in connection with a matter arising under those provisions of law administered by the department of a return, affidavit, claim, or other document which is fraudulent or is false as to any material matter, whether or not the falsity or fraud is with the knowledge or consent of the person authorized or required to present the return, affidavit, claim, or document.

(b)   A person convicted of a crime described in subitem (a)(ii) is prohibited from preparing or assisting in the preparation of a tax return required to be filed under any title administered by the department. A person violating this prohibition is guilty of a felony, and, upon conviction, must be fined ten thousand dollars and imprisoned for at least five years without probation, parole, or suspension of sentence.

(c)   A person who:

( i)   wilfully removes, deposits, or conceals, or is concerned in removing, depositing, or concealing goods or commodities for which a tax is or must be imposed, or property upon which levying is authorized pursuant to law, with intent to evade or defeat the assessment or collection of any tax imposed by this provision of law administered by the department is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years, or both, together with the cost of prosecution;

( ii)   in connection with the preparation of a tax return for another, the filing of a tax return, or the payment of a tax, receives money from the payment of any tax, receives money from the other person with the understanding that it is to be paid over to the department to discharge, in whole or in part, the other person's tax liability and wilfully fails to pay over the same to the department is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than three years, or both, for each offense together with the cost of prosecution; or

(iii)   wilfully delivers or discloses to the department any list, return, account, statement, or other document known by him to be fraudulent or to be false as to a material matter, is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than one year, or both.

(C)   A failure to deposit or pay taxes deducted and withheld pursuant to Article 5 of Chapter 8 subjects the withholding agent to a penalty of not less than ten dollars nor more than one thousand dollars. The penalty imposed by this item applies to failure to comply with the provisions of Section 12-54-250.

(D)   A machine owner or distributor, as defined in Article 20, Chapter 21 of this title, who allows or causes a machine to be operated without a metering device, or who wilfully places a machine on location or who wilfully allows or causes a machine to be operated with a metering device that does not accurately record the information required under Article 20, Chapter 21 of this title is guilty of a felony and, upon conviction, must be imprisoned for not less than one year nor more than ten years, without benefit of probation, parole, or suspension of sentence, and in addition may be fined not more than twenty-five thousand dollars."

B.   Section 4-12-30(F)(2)(a) of the 1976 Code, as last amended by Act 462 of 1996, is further amended to read:

"(a)   Replacement property does not have to serve the same function as the property it is replacing. Replacement property is deemed to replace the oldest property subject to the fee, whether real or personal, which is disposed of in the same property tax year as the replacement property is placed in service. Replacement property qualifies for fee treatment provided in subsection (D)(2) only up to the original income tax basis of fee property which is being disposed of in the same property tax year it is replacing. More than one piece of replacement property can replace a single piece of fee property. To the extent that the income tax basis of the replacement property exceeds the original income tax basis of the property which it is replacing, the excess amount is subject to payments as provided in Section 4-12-20. Replacement property is entitled to the fee payment for the period of time remaining on the fee period for the property which it is replacing; provided, however, that where a single piece of property replaces two or more pieces of property, the fee period must be measured from the earliest of the dates on which the replaced pieces of property were placed in service."

C.     Section 4-29-67(F)(2)(a) of the 1976 Code, as last amended by Act 462 of 1996, is further amended to read:

"(a)   Replacement property does not have to serve the same function as the property it is replacing. Replacement property is deemed to replace the oldest property subject to the fee, whether real or personal, which is disposed of in the same property tax year as the replacement property is placed in service. Replacement property qualifies for fee treatment provided in subsection (D)(2) only up to the original income tax basis of fee property which is being disposed of in the same property tax year it is replacing. More than one piece of replacement property can replace a single piece of fee property. To the extent that the income tax basis of the replacement property exceeds the original income tax basis of the property which it is replacing, the excess amount is subject to payments as provided in Section 4-29-60. Replacement property is entitled to the fee payment for the period of time remaining on the twenty-year fee period for the property which it is replacing; provided, however, that where a single piece of property replaces two or more pieces of property, such fee period shall be measured from the earliest of the dates on which the replaced pieces of property were placed in service."

D.     Section 4-29-68(F) of the 1976 Code, as added by Act 4 of 1995, is amended to read:

"(F)   A county, municipality, or special purpose district that receives and retains revenues from a payment in lieu of taxes pursuant to Section 4-1-170, 4-12-30, 4-29-60, or 4-29-67, or Chapter 44, Title 12 in which these revenues are derived in whole or in part from a redevelopment project area established pursuant to Title 31, Chapter 6 shall allocate these revenues in accordance with the ordinance of the municipality adopted pursuant to Section 31-6-70 as if these revenues remained ad valorem taxes. All taxes fees collected in the redevelopment project area which are not subject to the ordinance of the municipality adopted pursuant to Section 31-6-70 become payments in lieu of taxes and the portion collected by the municipality may be pledged to secure special source revenue bonds issued by the municipality pursuant to Section 4-1-175 or this section."

E.     Section 11-1-10 of the 1976 Code is amended to read:

"Section 11-1-10.   It shall be is unlawful for any an officer of this State, or his agent, employee, or servant to collect from any a person any delinquent taxes, fine, or other money due the county or State without issuing to such that person an official receipt showing the number, date, name of person, amount collected, and for what purpose,. and such The officer, agent, employee, or servant shall keep a stub similar to the receipt which and he shall at the end of each month turn it over at the end of each month to the county treasurer of the county in which such the collections are made. The county treasurer shall check the amounts turned in to him by such against the stubs and issue a clearance card to such the officer, or his agent, employee, or servant showing all moneys to have been monies turned in according to the stub stubs. Any officer, agent, employee, or servant violating the provisions of this section shall be is guilty of a misdemeanor and, upon conviction, shall must be fined in an amount not exceeding more than one hundred dollars or imprisoned not exceeding more than thirty days for each and every offense. An officer or employee of the Department of Revenue may turn in only those documents and reports as required by rules adopted and regulations promulgated by the director of the department."

F.     Section 12-6-50(14) of the 1976 Code, as last amended by Act 431 of 1996, is further amended to read:

"(14)   Sections 2001 through 7655, 7801 through 7871, and 8001 through 9602, except for Section 6015, and except for Sections 6654 and 6655 which are adopted as provided in Section 12-6-3910."

G.     Section 12-6-3360(B) and (K) of the 1976 Code, as last amended by Act 462 of 1996, is further amended to read:

"(B)   The department shall rank and designate the state's counties by December thirty-first each year using data from the South Carolina Employment Security Commission and the United States Department of Commerce. The counties are ranked using the last three years of available per capita income data from the most recent and the last thirty-six month period months or three years of available unemployment rate data, with equal weight given to unemployment rate and per capita income as follows:

(1)   The twelve counties with a combination of the highest unemployment rate and lowest per capita income are designated least developed counties.

(2)   The twelve counties with a combination of the next highest unemployment rate and next lowest per capita income are designated under developed counties.

(3)   The eleven counties with a combination of the next highest unemployment rate and the next lowest per capita income are designated moderately developed counties.

(4)   The eleven counties with a combination of the lowest unemployment rate and the highest per capita income are designated developed counties. The designation by the department is effective for corporate taxable years which begin after the date of designation.

(5)(a)   A county, any portion of which is located within twenty-five miles of the boundaries of an applicable military installation or applicable federal facility as defined in Section 12-6-3450(1), shall receive the benefits of the next increased credit designation for five years beginning with the year in which the military installation or federal facility became an applicable military installation or applicable federal facility as defined in Section 12-6-3450(1), with the additional requirement that the military installation must have reduced employment on the installation of at least three thousand employees.

(b)   For In addition to the designation in subitem (a), a county in which is located an applicable military installation or applicable federal facility meeting the requirements for the increased credit provided in subitem (a) of this item, the credit allowed is two tiers higher than the credit for which the county would otherwise qualify is located is allowed an additional increased credit designation for five years beginning with the year the installation or facility meets the requirements.

(c)   Notwithstanding the designations in Section 12-6-3360, Laurens, Cherokee, and Union Counties shall qualify for the next increased credit designation.

(d)   In a county where less than five percent of the work force is in manufacturing, the credit allowed is one tier higher than the credit for which the county would otherwise qualify.

(K)(1)   In addition to those credits allowed under subsection (C) of this section a corporation, partnership, or limited liability company that qualifies for a credit under this section as an S corporation, partnership, or limited liability company, entitles each shareholder of the S corporation, partner of the partnership, or member of the limited liability company to a nonrefundable credit against taxes imposed pursuant to Section 12-6-510. An S corporation, limited liability company taxed as a partnership, or partnership that qualifies for a credit under this section may pass through the credit earned to each shareholder of the S corporation, partner of the partnership, or member of the limited liability company. For purposes of this subsection, limited liability company means a limited liability company taxed as a partnership.

(2)(a)   The amount of the credit allowed a shareholder, partner, or owner of a limited liability company member by this subsection is equal to the shareholder's percentage of stock ownership, partner's interest in the partnership, or member's interest in the limited liability company for the taxable year multiplied by the amount of the credit the taxpayer would have been entitled to if it were taxed as a corporation earned by the entity. This nonrefundable credit is allowed against taxes due under Section 12-6-510 or 12-6-530 and may not exceed fifty percent of the shareholder's, partner's, or member's tax liability under Sections 12-6-510 or 12-6-530.

(b)   Notwithstanding subitem (a), the credit earned pursuant to this section by an S corporation owing corporate level income tax must be used first at the entity level. Only the remaining credit passes through to each shareholder.

(3)   A credit claimed under pursuant to this subsection but not used in a taxable year may be carried forward by each shareholder, partner, or member for fifteen years from the close of the tax year in which the credit is earned by the S corporation, partnership, or limited liability company. However, the credit established by this section taken in one tax year may not exceed fifty percent of the taxpayer's tax liability under Section 12-6-510. The entity earning the credit may not carry over credit that passes through to its shareholders, partners, or members."

H.     Section 12-6-3360(M)(13) of the 1976 Code, as last amended by Act 432 of 1998, is further amended to read:

"(13)   'Qualifying service-related facility' means:

(a)   an establishment engaged in an activity or activities listed under the Standard Industrial Classification (SIC) Code 80 according to the Federal Office of Management and Budget Standard Industrial Classification Manual, 1987 edition; or

(b)   a business, other than a business engaged in legal, accounting, or investment services or retail sales, which has a net increase of at least:

( i)   two hundred fifty jobs at a single location;

( ii)   one hundred twenty-five jobs at a single location and the jobs have an average cash compensation level of more than one and one-half times the per capita income in the county where the jobs are located at the time the jobs are filled;

(iii)   seventy-five jobs at a single location and the jobs have an average cash compensation level of more than twice the per capita income in the county where the jobs are located at the time the jobs are filled; or

(iv)   thirty jobs at a single location and the jobs have an average cash compensation level of more than two and one-half times the per capita income in the county where the jobs are located at the time the jobs are filled.

The per capita income for each county is determined by using the most recent data available from the Board of Economic Advisors. A taxpayer shall use the most recent per capita income data available as of the end of the taxable year in which the jobs are filled. Determination of the required number of jobs is in accordance with the monthly average described in subsection (F)."

I.   Section 12-6-4910(1)(a) and (b) of the 1976 Code, as added by Act 75 of 1995, is amended to read:

"(a)   an individual not listed in (c) whose federal filing status is single, surviving spouse, or head of household who has gross income for the taxable year of at least the federal exemption amount plus the applicable basic standard deduction, plus any deduction the taxpayer qualifies for pursuant to Section 12-6-1170(B). If the individual is sixty-five or older, the standard deduction is increased as provided in Internal Revenue Code Section 63(c)(3) and 63(f)(1)(A).

(b)   an individual not listed in (c) who files a joint return and whose combined gross income for the taxable year, is more than the sum of twice the exemption amount plus the applicable basic standard deduction if the individual and spouse had the same household at the close of the taxable year, plus any deduction the taxpayer qualifies for pursuant to Section 12-6-1170(B). If the individual or spouse is sixty-five or older, the standard deduction is increased as provided in Internal Revenue Code Section 63(c)(3) and 63(f)(1)."

J.   Section 12-6-5060 of the 1976 Code, as added by Act 76 of 1995, is amended by adding at the end:

"(E)   For purposes of this section, the South Carolina Department of Revenue is not subject to provisions of the South Carolina Solicitation of Charitable Funds Act as contained in Chapter 56, Title 33."

K.     Section 12-6-5065 of the 1976 Code, as added by Act 262 of 1996, is amended by adding at the end:

"(E)   For purposes of this section, the South Carolina Department of Revenue is not subject to provisions of the South Carolina Solicitation of Charitable Funds Act as contained in Chapter 56, Title 33."

L.     Section 12-6-5070 of the 1976 Code, as added by Act 90 of 1995, is amended by adding at the end:

"(E)   For purposes of this section, the South Carolina Department of Revenue is not subject to provisions of the South Carolina Solicitation of Charitable Funds Act as contained in Chapter 56, Title 33."

M.   Section 12-6-5080 of the 1976 Code, as added by Section 64A, Part II, Act 155 of 1997, is amended by adding at the end:

"(D)   For purposes of this section, the South Carolina Department of Revenue is not subject to provisions of the South Carolina Solicitation of Charitable Funds Act as contained in Chapter 56, Title 33."

N.     Section 12-21-2550(B) of the 1976 Code, as last amended by Act 432 of 1998, is further amended to read:

"(B)   If a person fails to make a true and correct return or fails to file the return, the department shall make a return upon the information it is able to obtain an estimate of the tax liability from the best information available, and issue a proposed assessment for the taxes, including penalties and interest."

O.     Section 12-36-2120(33) of the 1976 Code, as added by Section 74A, Part II, Act 612 of 1990, is amended to read:

"(33)   electricity, natural gas, fuel oil, kerosene, LP gas, coal, or any other combustible heating material or substance used for residential purposes. Individual sales of kerosene or LP gas of twenty gallons or less by retailers are considered used for residential heating purposes;"

P.     Section 12-54-240(B) of the 1976 Code, as last amended by Act 155 of 1997, is further amended by adding at the end:

"(20)   submission of taxpayer names and home addresses to the director of the South Carolina Retirement System to effectuate the provisions of Section 9-1-1650 relating to the disposition of inactive accounts."

Q.     Section 12-56-20(1) of the 1976 Code, as last amended by Section 55A, Part II, Act 419 of 1998, is further amended to read:

"(1)   'Claimant agency' means a state agency, board, committee, commission, public institution of higher learning, political subdivision, South Carolina Student Loan Corporation, housing authorities established pursuant to Articles 5, 7, and 9 of Chapter 3 of Title 31, and the Internal Revenue Service, and the United States Department of Education. It also includes a private institution of higher learning for the purpose of collecting debts related to default on authorized educational loans made pursuant to Chapters 111, 113, or 115 of Title 59. 'Political subdivision' includes the Municipal Association of South Carolina and the South Carolina Association of Counties when these organizations submit claims on behalf of their members or other political subdivisions."

R.     Section 12-56-20(3) of the 1976 Code, as added by Act 76 of 1995, is amended to read:

"(3)   'Debtor' means any individual a person having a delinquent debt or account with any a claimant agency which has not been adjusted, satisfied, or set aside by court order, or discharged in bankruptcy."

S.     Sections 12-6-5590, 12-54-35, and 12-54-40 of the 1976 Code are repealed.

T.     Section 12-4-320(6) of the 1976 Code, as added by Act 516 of 1994, is amended to read:

"(6)   if for damage caused by war, terrorist act, or natural disaster or service with the United States armed forces occurs as defined in Section 12-9-310, prescribe temporary rules including, but not limited to, the filing of returns, payment of taxes, and extensions of due dates or national guard in or near a hazard duty zone, extend the date for filing returns, payments of taxes, collection of taxes, and conducting audits, and waive interest and penalties."

U.     Section 12-60-470(C) of the 1976 Code, as added by Act 60 of 1995, is amended to read:

"(C)   Only the taxpayer legally liable for the tax may file a claim for refund or receive a refund, except that after the application of Section 12-60-490:

(1)   the assignment of a refund may be made, but only after the department has authorized the refund and issued an order for the refund to the State Treasurer's office; or

(2)   a person who acts as a collector and remitter of state taxes may claim a credit or refund of the tax collected, but only if the person establishes that he has paid the tax in question to the State, and

(1)(a)   repaid the tax to the person from whom he collected it; or

(2)(b)   obtained the written consent of the person from whom he collected the tax to the allowance of the credit or refund."

V.     Section 12-44-60 of the 1976 Code, as added by Act 149 of 1997, is amended to read:

"Section 12-44-60.   (A)   The fee agreement may provide that property which is placed in service as a replacement for economic development property may become economic development property. This replacement property is not required to serve the same function as the economic development property it is replacing. Replacement property is deemed to replace the oldest property subject to the fee, whether real or personal, which is disposed of in the same property tax year as the replacement property is placed in service. Replacement property qualifies as economic development property only to the extent of the original income tax basis of the economic development property which is being disposed of in the same property tax year. More than one piece of property can replace a single piece of property.

(B)   To the extent that the income tax basis of the replacement property exceeds the original income tax basis of the economic development property which it is replacing, the excess amount is subject to annual payments calculated as if the exemption for economic development property were not allowed. Replacement property is entitled to the fee payment for the period of time remaining during the exemption period for the economic development property which it is replacing. Where a single piece of property replaces two or more pieces of economic development property, the time period remaining must be measured from the earliest of the dates on which the replaced pieces of economic development property were placed in service.

(C)   The new replacement property which qualifies for the fee provided in Section 12-44-50 is recorded using its income tax basis, and the fee is calculated using the millage rate and assessment ratio provided on the original economic development property. The fee payment for replacement property must be based on Section 12-44-50(A)(3) if the sponsor originally used an alternative payment method."

W.   1.   Section 6-1-320(A) of the 1976 Code, as added by Act 138 of 1997, is amended to read:

"(A)     Notwithstanding Section 12-37-251(E), a local governing body may only increase the millage rate imposed for general operating purposes above the rate imposed for such purposes for the prior preceding tax year only to the extent of the increase in the consumer price index for the preceding fiscal calendar year. However, in the year in which a reassessment program is implemented, the rollback millage, as calculated pursuant to Section 12-37-251(E), must be used in lieu of the previous year's millage rate."

2.   This section is effective for property tax years beginning after 1998.

X.     The Department of Revenue may amend the 1999 Index of Taxpaying Ability, as defined in Section 59-20-20(3) for purposes of calculating the 1999 Index of Taxpaying Ability.

Y.     This section takes effect upon approval by the Governor; and subsections B, C, and E are effective for property tax years beginning after 1998, subsections A, H, I, J, K, L, M, N, and R are effective for taxable years after 1998, and subsection P is effective July 1, 1999.

SECTION   5.   A. Section 12-10-50, as last amended by Act 462 of 1996, is further amended to read:

"Section 12-10-50.   To qualify for the benefits provided in this chapter, a business must be located within this State and satisfy the following criteria:

(1)   it must be primarily engaged in a business of the type identified in Section 12-6-3360;

(2)   the business shall provide a benefits package to full-time employees which includes health care;

(3)   the business shall enter into a revitalization agreement which is approved by the council, except that no revitalization agreement is required for a qualifying business with respect to Section 12-10-80(D); and,

(4)   the council shall determine that the available negotiated incentives are appropriate for the project, and the council shall certify that the total benefits of the project exceed the costs to the public; and that the business otherwise fulfills the requirements of this chapter. No provision of this chapter must be construed to allow the council to negotiate a fee-in-lieu of property taxes agreement or approve job training or retraining."

B.     Section 12-10-60 of the 1976 Code, as added by Act 25 of 1995, is amended to read:

"Section 12-10-60.   The council may enter into a revitalization agreement with each qualifying business with respect to the project. The terms and provisions of each revitalization agreement must be determined by negotiations between the council and the qualifying business. The decision to enter into a revitalization agreement with a qualifying business is solely within the discretion of the council and a qualifying business does not have a right of appeal from the council's decision. The revitalization agreement must set a date by which the qualifying business shall have completed the project. Within three months of the completion date, the qualifying business shall document the actual costs of the project in a manner acceptable to the council."

C.     Section 12-10-100(A) of the 1976 Code, as added by Act 25 of 1995, is amended to read:

"Section 12-10-100(A).   The council shall may establish criteria for the determination and selection of qualifying businesses and the approval of revitalization agreements. These criteria must may include and may give greatest weight to the creditworthiness of the business, the number, type, and quality of new jobs to be provided by the project to residents of this State, and the economic viability of the business. The council may include in its criteria requirements relating to the capital costs of, and projected employment to be produced by, projects eligible for benefits under this chapter and requirements relating to the employment of previously unemployed or underemployed persons.

With respect to each business and project, the council shall request the materials and make the inquiries necessary to determine whether the business and its proposed project satisfy the council's announced criteria and to conduct an adequate cost/benefit analysis with respect to the proposed project and the incentives proposed to be granted by the council with respect to the project. After a review of the relevant materials and completion of its inquires and analysis, the council may by resolution of its members designate an applicant business as a qualifying business and authorize the undertaking of its project according to the revitalization agreement. The decision to enter into a revitalization agreement with a qualifying business is solely within the discretion of the council and a qualifying business does not have a right of appeal from the council's decision."

D.     Section 12-10-100 of the 1976 Code, as added by Act 25 of 1995, is amended by deleting subsection (E).

SECTION   6.   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."

SECTION   7.   The provisions of Section 1 of this act take effect upon approval by the Governor and are applicable to property tax years beginning in 1999. The provisions of Section 2 take effect upon approval by the Governor.   /
Amend title to conform.

/s/ Larry A. Martin               /s/ Thomas M. Dantzler
/s/ Kay Patterson                 /s/ Alfred B. Robinson, Jr.
/s/ John C. Land, III             /s/ Larry L. Koon
On Part of the Senate.             On Part of the House.

, and a message was sent to the House accordingly.

H. 4194 (Word version) -- Reps. Mack, Altman, Breeland, Campsen, Inabinett, Whatley and Whipper: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SOUTHBOUND CONNECTOR OF THE BRIDGE TO BE BUILT TO REPLACE THE JOHN P. GRACE AND THE SILAS N. PEARMAN BRIDGES IN CHARLESTON COUNTY THE "LUCILLE S. WHIPPER CONNECTOR" AND TO ERECT SIGNS OR MARKERS CONTAINING THIS DESIGNATION.

Senator LAND asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.

There was no objection.

Senator LAND asked unanimous consent to take the Concurrent Resolution up for immediate consideration.

There was no objection.

On motion of Senator LAND, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House.

Senator COURSON rose to a Point of Personal Privilege.

At 11:52 A.M., Senator J. VERNE SMITH assumed the Chair.

At 11:52 A.M., on motion of Senator HOLLAND, the Senate receded from business for thirty minutes.

At 12:17 P.M., the Senate resumed.

At 12:17 P.M., the PRESIDENT assumed the Chair.

Columbia, S.C., June 24, 1999
Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Joint Resolution Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 24, 1999
Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:
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.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 24, 1999
Mr. President and Senators:

The House respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification:
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.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 24, 1999
Mr. President and Senators:

The House respectfully informs your Honorable Body that it has requested and been granted Free Conference Powers and has appointed Reps. Townsend, Stille and Walker of the Committee of Free Conference on the part of the House on:

H. 3620 (Word version) -- Reps. J. Smith, Allen, Bailey, Bales, Battle, Bowers, Breeland, J. Brown, T. Brown, Carnell, Cobb-Hunter, Emory, Gourdine, Harris, Hayes, M. Hines, Howard, Inabinett, Jennings, Kennedy, Lee, Lourie, Mack, Maddox, McCraw, M. McLeod, W. McLeod, McMahand, Miller, Moody-Lawrence, Neal, Neilson, Ott, Phillips, Pinckney, Rhoad, Sheheen, Whipper, Wilder, Wilkes, Lloyd, Scott and J. Hines: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 152, SO AS TO ENACT THE "SOUTH CAROLINA FIRST STEPS TO READINESS ACT" WHICH IS AN INITIATIVE FOR IMPROVING EARLY CHILDHOOD DEVELOPMENT BY PROVIDING GRANTS TO LOCAL PARTNERSHIPS TO PROVIDE SERVICES AND SUPPORT TO CHILDREN AND THEIR FAMILIES TO ENABLE CHILDREN TO REACH SCHOOL READY TO LEARN; TO ESTABLISH GOALS FOR THIS INITIATIVE; TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE OFFICE IMPLEMENTING AND OPERATING THE INITIATIVE; TO ESTABLISH ELIGIBILITY CRITERIA AND PROGRAM PARAMETERS FOR LOCAL PARTNERSHIPS; AND TO ESTABLISH FISCAL GUIDELINES, CRITERIA FOR LOCAL MATCHING FUNDS, AND EVALUATION REQUIREMENTS FOR LOCAL PARTNERSHIPS; TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20 RELATING TO THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA, SO AS TO CHANGE THE NAME OF THE FUND TO CHILDREN'S FIRST STEPS TRUST FUND, PROVIDE THAT IT SHALL OVERSEE THE FIRST STEPS TO SCHOOL READINESS ACT, AND TO REVISE THE PURPOSES OF THE TRUST FUND AND TO FURTHER PROVIDE FOR ITS GOVERNING BOARD, FUNCTIONS, DUTIES, AND FUNDING; TO ADD SECTIONS 43-1-240 AND 44-1-280 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES AND THE BOARD AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IN ESTABLISHING PRIORITIES AND FUNDING FOR PROGRAMS AND SERVICES WHICH IMPACT ON CHILDREN AND FAMILIES DURING THE FIRST YEARS OF A CHILD'S LIFE, MUST SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT AT THE STATE AND LOCAL LEVELS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY THAT STATE AGENCIES SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT; TO REQUIRE THE CODE COMMISSIONER TO REVISE REFERENCES IN THE SOUTH CAROLINA CODE TO CONFORM TO THIS ACT, AS FEASIBLE; TO PROVIDE THAT THE TERMS OF BOARD MEMBERS OF THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA EXPIRE ON THIS ACT'S EFFECTIVE DATE; AND TO PROVIDE THAT FUNDS IN THE TRUST FUND PRIOR TO THIS ACT'S EFFECTIVE DATE MUST BE EXPENDED IN ACCORDANCE WITH THE PURPOSES OF THE FUND BEFORE AMENDMENT BY THIS ACT; AND TO AMEND CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE THE CONDITIONS, REQUIREMENTS, AND PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 1999-2000 SHALL ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN THEIR DISTRICTS, TO PERMIT THESE ALTERNATIVE SCHOOL PROGRAMS TO BE OPERATED EITHER INDIVIDUALLY OR AS A COOPERATIVE AGREEMENT WITH OTHER SCHOOL DISTRICTS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE ALTERNATIVE SCHOOLS SHALL BE FUNDED.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 24, 1999
Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Free Conference on:

H. 3620 (Word version) -- Reps. J. Smith, Allen, Bailey, Bales, Battle, Bowers, Breeland, J. Brown, T. Brown, Carnell, Cobb-Hunter, Emory, Gourdine, Harris, Hayes, M. Hines, Howard, Inabinett, Jennings, Kennedy, Lee, Lourie, Mack, Maddox, McCraw, M. McLeod, W. McLeod, McMahand, Miller, Moody-Lawrence, Neal, Neilson, Ott, Phillips, Pinckney, Rhoad, Sheheen, Whipper, Wilder, Wilkes, Lloyd, Scott and J. Hines: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 152, SO AS TO ENACT THE "SOUTH CAROLINA FIRST STEPS TO READINESS ACT" WHICH IS AN INITIATIVE FOR IMPROVING EARLY CHILDHOOD DEVELOPMENT BY PROVIDING GRANTS TO LOCAL PARTNERSHIPS TO PROVIDE SERVICES AND SUPPORT TO CHILDREN AND THEIR FAMILIES TO ENABLE CHILDREN TO REACH SCHOOL READY TO LEARN; TO ESTABLISH GOALS FOR THIS INITIATIVE; TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE OFFICE IMPLEMENTING AND OPERATING THE INITIATIVE; TO ESTABLISH ELIGIBILITY CRITERIA AND PROGRAM PARAMETERS FOR LOCAL PARTNERSHIPS; AND TO ESTABLISH FISCAL GUIDELINES, CRITERIA FOR LOCAL MATCHING FUNDS, AND EVALUATION REQUIREMENTS FOR LOCAL PARTNERSHIPS; TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20 RELATING TO THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA, SO AS TO CHANGE THE NAME OF THE FUND TO CHILDREN'S FIRST STEPS TRUST FUND, PROVIDE THAT IT SHALL OVERSEE THE FIRST STEPS TO SCHOOL READINESS ACT, AND TO REVISE THE PURPOSES OF THE TRUST FUND AND TO FURTHER PROVIDE FOR ITS GOVERNING BOARD, FUNCTIONS, DUTIES, AND FUNDING; TO ADD SECTIONS 43-1-240 AND 44-1-280 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES AND THE BOARD AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IN ESTABLISHING PRIORITIES AND FUNDING FOR PROGRAMS AND SERVICES WHICH IMPACT ON CHILDREN AND FAMILIES DURING THE FIRST YEARS OF A CHILD'S LIFE, MUST SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT AT THE STATE AND LOCAL LEVELS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY THAT STATE AGENCIES SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT; TO REQUIRE THE CODE COMMISSIONER TO REVISE REFERENCES IN THE SOUTH CAROLINA CODE TO CONFORM TO THIS ACT, AS FEASIBLE; TO PROVIDE THAT THE TERMS OF BOARD MEMBERS OF THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA EXPIRE ON THIS ACT'S EFFECTIVE DATE; AND TO PROVIDE THAT FUNDS IN THE TRUST FUND PRIOR TO THIS ACT'S EFFECTIVE DATE MUST BE EXPENDED IN ACCORDANCE WITH THE PURPOSES OF THE FUND BEFORE AMENDMENT BY THIS ACT; AND TO AMEND CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE THE CONDITIONS, REQUIREMENTS, AND PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 1999-2000 SHALL ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN THEIR DISTRICTS, TO PERMIT THESE ALTERNATIVE SCHOOL PROGRAMS TO BE OPERATED EITHER INDIVIDUALLY OR AS A COOPERATIVE AGREEMENT WITH OTHER SCHOOL DISTRICTS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE ALTERNATIVE SCHOOLS SHALL BE FUNDED.
Very respectfully,
Speaker of the House

The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification:

H. 3620 (Word version) -- Reps. J. Smith, Allen, Bailey, Bales, Battle, Bowers, Breeland, J. Brown, T. Brown, Carnell, Cobb-Hunter, Emory, Gourdine, Harris, Hayes, M. Hines, Howard, Inabinett, Jennings, Kennedy, Lee, Lourie, Mack, Maddox, McCraw, M. McLeod, W. McLeod, McMahand, Miller, Moody-Lawrence, Neal, Neilson, Ott, Phillips, Pinckney, Rhoad, Sheheen, Whipper, Wilder, Wilkes, Lloyd, Scott and J. Hines: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 152, SO AS TO ENACT THE "SOUTH CAROLINA FIRST STEPS TO READINESS ACT" WHICH IS AN INITIATIVE FOR IMPROVING EARLY CHILDHOOD DEVELOPMENT BY PROVIDING GRANTS TO LOCAL PARTNERSHIPS TO PROVIDE SERVICES AND SUPPORT TO CHILDREN AND THEIR FAMILIES TO ENABLE CHILDREN TO REACH SCHOOL READY TO LEARN; TO ESTABLISH GOALS FOR THIS INITIATIVE; TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE OFFICE IMPLEMENTING AND OPERATING THE INITIATIVE; TO ESTABLISH ELIGIBILITY CRITERIA AND PROGRAM PARAMETERS FOR LOCAL PARTNERSHIPS; AND TO ESTABLISH FISCAL GUIDELINES, CRITERIA FOR LOCAL MATCHING FUNDS, AND EVALUATION REQUIREMENTS FOR LOCAL PARTNERSHIPS; TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20 RELATING TO THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA, SO AS TO CHANGE THE NAME OF THE FUND TO CHILDREN'S FIRST STEPS TRUST FUND, PROVIDE THAT IT SHALL OVERSEE THE FIRST STEPS TO SCHOOL READINESS ACT, AND TO REVISE THE PURPOSES OF THE TRUST FUND AND TO FURTHER PROVIDE FOR ITS GOVERNING BOARD, FUNCTIONS, DUTIES, AND FUNDING; TO ADD SECTIONS 43-1-240 AND 44-1-280 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES AND THE BOARD AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IN ESTABLISHING PRIORITIES AND FUNDING FOR PROGRAMS AND SERVICES WHICH IMPACT ON CHILDREN AND FAMILIES DURING THE FIRST YEARS OF A CHILD'S LIFE, MUST SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT AT THE STATE AND LOCAL LEVELS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY THAT STATE AGENCIES SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT; TO REQUIRE THE CODE COMMISSIONER TO REVISE REFERENCES IN THE SOUTH CAROLINA CODE TO CONFORM TO THIS ACT, AS FEASIBLE; TO PROVIDE THAT THE TERMS OF BOARD MEMBERS OF THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA EXPIRE ON THIS ACT'S EFFECTIVE DATE; AND TO PROVIDE THAT FUNDS IN THE TRUST FUND PRIOR TO THIS ACT'S EFFECTIVE DATE MUST BE EXPENDED IN ACCORDANCE WITH THE PURPOSES OF THE FUND BEFORE AMENDMENT BY THIS ACT; AND TO AMEND CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE THE CONDITIONS, REQUIREMENTS, AND PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 1999-2000 SHALL ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN THEIR DISTRICTS, TO PERMIT THESE ALTERNATIVE SCHOOL PROGRAMS TO BE OPERATED EITHER INDIVIDUALLY OR AS A COOPERATIVE AGREEMENT WITH OTHER SCHOOL DISTRICTS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE ALTERNATIVE SCHOOLS SHALL BE FUNDED.

, and a message was sent to the House accordingly.

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.

Senator MOORE 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 adoption of Amendment No. 9 (KGH\15768HTC99) proposed by Senator WILSON and previously printed in the Journal of June 1, 1999.

On motion of Senator MOORE, with unanimous consent, Amendment No. 9 was withdrawn.

On motion of Senator MOORE, with unanimous consent, Amendment Nos. 10-16 were withdrawn.

At 12:15 P.M., Senator MOORE asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at a time mutually convenient to both Houses, the Speaker of the House and the PRESIDENT of the Senate, and upon completion of the ratification of acts, the Senate would stand adjourned Sine Die, in accordance with the provisions of H. 4237, the Sine Die Resolution.

There was no objection and a message was sent to the House accordingly.

The Senate resumed consideration of H. 3834.

Senators MOORE, HAYES and PASSAILAIGUE proposed the following amendment (3834R005.TLM), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof:

SECTION   1.   Section 12-21-2710 of the 1976 Code, as amended by Act 155 of 1997, is further amended to read:

"Section 12-21-2710.   It is unlawful for any person to keep on his premises or operate or permit to be kept on his premises or operated within this State any vending or slot machine, or any video game machine with a free play feature operated by a slot in which is deposited a coin or thing of value, or other device operated by a slot in which is deposited a coin or thing of value for the play of poker, blackjack, keno, lotto, bingo, or craps, or any machine or device licensed pursuant to Section 12-21-2720 and used for gambling or any punch board, pull board, or other device pertaining to games of chance of whatever name or kind, including those machines, boards, or other devices that display different pictures, words, or symbols, at different plays or different numbers, whether in words or figures or, which deposit tokens or coins at regular intervals or in varying numbers to the player or in the machine, but the provisions of this section do not extend to coin-operated nonpayout pin tables, in-line pin games, and video games with free play feature which meet the technical requirements provided for in Section 12-21-2782 and Section 12-21-2783, or to automatic weighing, measuring, musical, and vending machines which are constructed as to give a certain uniform and fair return in value for each coin deposited and in which there is no element of chance.

Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for a period of not more than one year, or both."

SECTION   2.   Section 12-21-2712 of the 1976 Code is amended to read:

"Section 12-21-2712.   Any vending or slot machine, punch board, or other device pertaining to games of chance prohibited by Section 12-21-2710 must be seized by any officer of the law law enforcement officer and at once taken before any magistrate of the county in which the machine, board, or device is seized who shall immediately examine it, and if he is satisfied that it is in violation of Section 12-21-2710 or any other law of this State, he shall direct that it be immediately destroyed."

SECTION   3.   A. Section 12-21-2720(A)(3) of the 1976 Code, as last amended by Section 148, Act 181 of 1993, is further amended to read:

"(3)   a machine of the nonpayout type, or in-line pin game, or video game with free play feature operated by a slot in which is deposited a coin or thing of value except machines of the nonpayout pin table type with levers or 'flippers' operated by the player by which the course of the balls may be altered or changed."

B.   Section 12-21-2720(C) of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:

"(C)   The owner or operator of any coin-operated device which is exempt from Section 16-19-60 and is subject to licensing under Section 12-21-2720(A)(3) and which has multi-player stations, shall purchase a separate license for each such station and any such multi-player station counts as a machine when determining the number of machines authorized for licensure under Section 12-21-2804(A)."

C.   Section 12-21-2720 of the 1976 Code, as last amended by Act 155 of 1997, is further amended by deleting subsections (E) and (F), which read:

"(E)   The department shall not issue a license for the operation of a video game with a free play feature which is located or intended to be located on a watercraft or vessel plying the territorial waters of this State.

(F)   Four hundred dollars of the four thousand dollar license fee imposed in subsection (A) may be retained by the department and expended in budgeted operations for the implementation and ongoing operation of the monitoring system required by law or in other programs and services as the director may determine necessary and appropriate."

SECTION   4.   Section 12-21-2726 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:

"Section 12-21-2726.   Every person who maintains for use or permits the use of, on a place or premises occupied by him, a machine subject to the license imposed by this article by way of proof of licensing must have a current license displayed conspicuously on the front of the machine. Except for the provisions of Sections 12-21-2774 and 12-21-2776, each machine licensed pursuant to this section must be operated in a stand-alone fashion and may not be linked in any way to another coin-operated machine or device."

SECTION   5.   Section 16-19-40 of the 1976 Code is amended to read:

"Section 16-19-40.   If any person shall play at any tavern, inn, store for the retailing of spirituous liquors or in any house used as a place of gaming, barn, kitchen, stable or other outhouse, street, highway, open wood, race field or open place at (a) any game with cards or dice, (b) any gaming table, commonly called A, B, C, or E, O, or any gaming table known or distinguished by any other letters or by any figures, (c) any roley-poley table, (d) rouge et noir, (e) any faro bank or (f) any other table or bank of the same or the like kind under any denomination whatsoever or (g) any machine or device licensed pursuant to Section 12-21-2720 and used for gambling purposes, except the games of billiards, bowls, backgammon, chess, draughts, or whist when there is no betting on any such game of billiards, bowls, backgammon, chess, draughts, or whist or shall bet on the sides or hands of such as do game, upon being convicted thereof, before any magistrate, shall be imprisoned for a period of not over thirty days or shall suffer a fine of fined not over one hundred dollars, and every person so keeping such tavern, inn, retail store, public place, or house used as a place for gaming or such other house shall, upon being convicted thereof, upon indictment, be imprisoned for a period not exceeding twelve months and forfeit a sum not exceeding two thousand dollars, for each and every offense."

SECTION   6.   Section 12-54-40 of the 1976 Code, as last amended by Act 155 of 1997, is further amended by deleting subsection (M) which reads:

"(M)   A machine owner or distributor, as defined in Article 20, Chapter 21 of this title, who allows or causes a machine to be operated without a metering device, or who wilfully places a machine on location or who wilfully allows or causes a machine to be operated with a metering device that does not accurately record the information required under Article 20, Chapter 21 of this title is guilty of a felony and, upon conviction, must be imprisoned for not less than one year nor more than ten years, without benefit of probation, parole, or suspension of sentence, and in addition may be fined not more than twenty-five thousand dollars."

SECTION   7.   Section 16-19-50 of the 1976 Code is amended to read:

"Section 16-19-50.   Any person who shall set up, keep, or use any (a) gaming table, commonly called A, B, C, or E, O, or any gaming table known or distinguished by any other letters or by any figures, (b) roley-poley table, (c) table to play at rouge et noir, (d) faro bank or (e) any other gaming table or bank of the like kind or of any other kind for the purpose of gaming, or (f) any machine or device licensed pursuant to Section 12-21-2720 and used for gambling purposes except the games of billiards, bowls, chess, draughts, and backgammon, upon being convicted thereof, upon indictment, shall forfeit a sum not exceeding five hundred dollars and not less than two hundred dollars."

SECTION   8.   Section 12-21-2703 and 16-19-60 and Article 20, Chapter 21 of Title 12, all of the 1976 Code, are repealed.

SECTION   9.   (1) A statewide referendum must be conducted November 2, 1999, to ascertain whether or not video game machine payouts will continue to be allowed in this State. The State Election Commission shall place the exact question contained in item (2) of this subsection on the referendum ballot. The state election laws shall apply to the referendum, mutatis mutandis. The State Board of Canvassers shall publish the results of the referendum and certify them to the Secretary of State, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Code Commissioner.

(2) The question put before the qualified electors in the referendum shall read:

"Shall cash payouts for credits earned on video game machines continue to be allowed after June 30, 2000?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

(3) The State Election Commission shall place the following explanation of the referendum question on the ballot:

"A majority 'yes' vote shall mean that cash payouts for credits earned on video game machines shall continue to be allowed, with an increase in the legal payout to $500 per payout and with additional taxes and regulation.

A majority 'no' vote shall mean that cash payouts for credits earned on video game machines shall not be allowed after June 30, 2000."

(4)   In addition to all license taxes and fees imposed by the State on video games with a free play feature pursuant to Section 12-21-2720(A)(3) of the 1976 Code imposing such licenses and fees, there is imposed a one-time surcharge license fee of fifty dollars for each such licensed machine due and payable to the Department of Revenue on or before September 1, 1999. Failure to remit the surcharge in a timely manner is deemed failure to pay the license tax imposed pursuant to Section 12-21-2720(A)(3). The revenues of this fee shall be used to defray the expenses of the statewide referendum required by this act.

SECTION   10.   Title 12 of the 1976 Code is amended by adding:

Section 12-22-10. As used in this chapter, unless the context clearly requires otherwise:

(1)   'Director' means the Director of the Department of Revenue.

(2)   'Chief' means the Chief of the South Carolina State Law Enforcement Division.

(3)   'Division' means the South Carolina State Law Enforcement Division.

(4)   'Associated equipment' means parts and components that affect win and loss or that communicate, display, or affect the number of credits won, lost, or played.

(5)   'Background investigation' means the investigation conducted in accordance with Article 13 of this chapter.

(6)   'Central computer monitoring system' or similar term means the computing system administered by the department for communicating with and retrieving information from machines, and activating and disabling machines.

(7)   'Contraband machine,' or 'contraband device,' means a machine, location controller or its modem, the computer chips of a machine or location controller, or any other part of the machine, location controller or modem not meeting the requirements of this chapter. A 'machine' that does not meet the requirements of this chapter is a 'contraband machine' regardless of whether the machine issues payout tickets redeemable for cash.

(8)   'Disable' or 'disabling' means the process of executing a command from the central computer monitoring system or the location controller which causes a machine to cease functioning.

(9)   'Distributor' means any person who sells, buys and sells, gives, loans, or is the lessee or the lessor of machines. A distributor may also:

(a)   service or repair machines in this State;

(b)   own machines which are not placed into operation in an establishment without obtaining a machine owner's license;

(c)   own machines which are placed into operation in an establishment only if a machine owner's license is obtained; and

(d)   operate machines which are placed into operation in an establishment only if a machine operator's license is obtained.

(10)   'Establishment' or 'location' means premises with machines.

(11)   'Gross machine income' means the amount of money that goes into the machine.

(12)   'Machine' means a nonpayout electronic machine with a free play feature that, upon insertion of cash or coin, is available to play or simulate the play of games utilizing a video display and microprocessors, in which the player may receive free games or credits that are redeemed for cash except as prohibited by this chapter. Each player station of a multi-player unit is a separate machine.

(13)   'Machine owner' means any person, other than a distributor, who owns one or more machines.

(14)   'Machine operator' means any person who owns, operates, or manages an establishment with one or more machines.

(15)   'Manufacturer' means any person that manufactures, assembles, or programs machines or controllers for sale or use in this State.

(16)   'Net machine income' means the amount of money that goes into the machine less payouts.

(17)   'Payback' means the theoretical percentage of return to a player.

(18)   'Payout' means the total amount a player is paid at the end of a play period, regardless of the amount the player has deposited in the machine.

(19)   'Person' means any individual, partnership, corporation, association, entity, or organization of any type.

(20) 'Play period' means the period of time from when money is put into the machine until payout.

(21)   'Player' means a person who participates in the playing of a machine.

(22)(a)   'Principal' means:

(i)     every person;

(ii)   an association;

(iii)   all partners of a partnership, limited partnership, or limited liability partnership;

(iv)   all members of a limited liability company, or if the company is a manager-managed company, all members and managers;

(v)   trust and its beneficiaries;

(vi)   corporation, its directors, officers, and stockholders with a ten percent or more direct or beneficial interest or any person or entity that receives more than ten percent of the net income; or

(vii)   an employee who has day-to-day operational management responsibilities for the business or entity;

which has or will have a direct or indirect ownership interest in a machine or machines, a manufacturer, a machine owner, distributor, a machine operator or the establishment for which the applicant seeks a new or renewal license.

(b)   'Indirect ownership interest' includes, but is not limited to, a loan or extension of credit or forgiving of a loan of ten thousand dollars or more, made to or for the benefit of an applicant or licensee. 'Indirect ownership interest' does not include a loan or extension of credit made by a state or federally chartered financial institution or a restricted or supervised lender licensed under South Carolina law. Multiple loans of less than ten thousand dollars may not be used to evade the requirements of this chapter and such activity is grounds for revocation of any and all licenses issued pursuant to Section 12-22-320 held by the applicant.

(c)   If a corporation is a member of a controlled group of corporations, as defined in 26 U.S.C. 1563, or a member of an affiliated group of corporations, as defined in 26 U.S.C 1504, and at least one member of the group of corporations is a publicly-held corporation, then only the corporation which engages in the business or activity required to be licensed pursuant to this chapter is considered a principal for purposes of this chapter, along with its directors, officers, and stockholders as described in subitem (a)(vi).

(d)   For purposes of item (c) of this subsection, 'publicly held corporation' means a corporation:

(i)     whose shares are traded on a national exchange; and

(ii)   whose total assets at the end of the corporation's most recent fiscal quarter exceeded one billion dollars.

(23)   'Records' means all paper or electronic accounts, bank account records, financial statements, business records, contracts, reports and returns, including tax information and returns, and other information the department or division reasonably considers necessary to administer and enforce the provisions of this chapter.

(24)   'Video Game Machine Identification Number' or 'VGMID' means the permanently assigned unique number issued by the department to identify a specific machine from first delivery in this State until destruction or removal from this State.

Section 12-22-20.   (A)   Unless specifically granted to the division, the department has all powers necessary and proper to execute fully and effectively the provisions of this chapter including, but not limited to, the power:

(1)   to require any person to submit any information necessary to effectively administer and enforce the provisions of this chapter;

(2)   to prescribe the forms which must be used by any licensee involved in the manufacturing, ownership, distribution or operation of machines or an establishment or other coin-operated devices licensed pursuant to this chapter;

(3)   to suspend any license authorized by this chapter without notice or hearing upon a determination that a licensee is willfully violating the provisions of this chapter, prima facie evidence of which is sufficient after written notice by the department has been sent to the licensee regarding a violation of this chapter and the violation has not been cured within a reasonable time as directed by the department in that written communication; any suspension must remain in effect until the department determines that the cause for the suspension has been cured or abated; a license may be revoked upon a determination that the licensee has not made satisfactory progress to implement necessary corrective measures;

(4)   to suspend any license authorized by this chapter without notice or hearing upon a determination that the safety or health of patrons or employees is jeopardized by the licensee or the condition of the licensee's facilities; any suspension must remain in effect until the department determines that the cause for the suspension has been abated; a license may be revoked upon a determination that the licensee has not made satisfactory progress toward abating the hazard;

(5) to adopt regulations in accordance with the Administrative Procedures Act; and

(6)   to take any other action as may be reasonable or appropriate to enforce this chapter.

(B) Notwithstanding subsection (A), any law enforcement officer has the authority to enforce any criminal provision of this chapter.

Section 12-22-30.   Except as provided in Section 12-54-240, any information obtained by the department or division in the administration and enforcement of the provisions of this chapter is public information, except for proprietary information. The department may disclose information to the division and to other governmental entities in and outside of this State.

Section 12-22-40. The department has sole and exclusive power to issue all licenses provided for in this chapter. The department has exclusive authority to establish the conditions or restrictions necessary for issuing, suspending, or revoking a license.

Section 12-22-50. The department may issue subpoenas requiring the attendance of witnesses and the production of records, memoranda, papers, and other documents and administer oaths and take testimony thereunder.

Section 12-22-60. All fees, taxes, and penalties imposed in this chapter are a first lien upon any and all property of the person charged therewith.

Section 12-22-70. All records of a licensee must be kept in the manner prescribed by the department. All records shall be retained for at least the period for which taxes may be assessed under Section 12-54-85.

Section 12-22-80. All applicants and their principals shall provide access for the department and division to all of the applicant's financial records pertaining to the financing of the applicant in order to evaluate statements and documentation supplied with the application in connection with background investigations.

Section 12-22-90. (A) The director, the employees of the department, the chief, and the employees of the division, may not directly or indirectly, individually, or as a member of a partnership, or as a shareholder with a one percent or more direct or beneficial interest in a corporation, have a financial or ownership interest in:

(1) a testing laboratory chosen by the department pursuant to this chapter Section 12-22-960;

(2) a machine;

(3) a machine owner;

(4) a machine operator;

(5) a manufacturer;

(6) a distributor; or

(7) an establishment.

(B) The director, the employees of the department, the chief, and the employees of the division may not directly or indirectly receive income from, receive a loan fund from, or be forgiven from repaying any loan from a testing laboratory or any person or business entity issued a license pursuant to Section 12-22-320.

Section 12-22-310. (A)   Before a machine or associated equipment is manufactured, distributed, sold, or placed for use in this State, the machine owner, machine operator, manufacturer, distributor, and establishment must be licensed by the department as provided for in this chapter.

(B)   Before placement or operation, a machine must be licensed.

(C)   Licenses issued as provided for in this chapter are the property of the department and must not be transferred, assigned to another person, or pledged as collateral, except as otherwise provided in this chapter. Any transfer of a business, or a change of ownership, possession, or control of an interest in a business holding a license issued under Section 12-22-320 must be conducted in accordance with Section 12-22-350. Any transfer of a machine, or a change of ownership, possession, or control of a machine licensed under Section 12-22-330 must be conducted in accordance with Section 12-22-350.

Section 12-22-320. (A)(1) Every two years a manufacturer, distributor, machine owner, machine operator, and establishment, engaging in business in this State, shall apply for and obtain from the department a license for the privilege of engaging in the business and shall pay the nonrefundable fee levied at the time of license application. The fees are as follows:

(a)   manufacturer, ten thousand dollars;

(b)   distributor, ten thousand dollars; and

(c)   owner, two thousand dollars.

(2)   There is no licensing fee imposed upon:

(a)   a person licensed as a machine operator; or

(b)   an establishment.

(B)(1)   A licensed manufacturer who is also engaged in business as a machine owner, distributor, or machine operator, shall obtain a separate license for each activity for which a license is required.

(2)   A licensed machine owner who is also engaged in business as a manufacturer, distributor, or machine operator, shall obtain a separate license for each activity for which a license is required.

(3)   A licensed distributor who is also engaged in business as a manufacturer, machine owner, or machine operator, shall obtain a separate license for each activity for which a license is required.

(4)   A machine operator may operate more than one establishment under the same machine operator's license but shall obtain a separate establishment license for each establishment in which machines are maintained.

(5)   Each licensed establishment shall have a licensed machine operator.

(C)   At the time of filing the application for a license, the applicant must pay the fee imposed pursuant to subsection (A).

(D)   Biennial licenses issued under this chapter for machine owners, machine operators, distributors, and manufacturers expire according to the county of the licensee's principal place of business. For nonresident licensees, licenses expire according to the county where the licensee's registered agent is located. For establishments, the license expires according to the county where the establishment is located. The expiration dates are the last day of:

(1)   February in years which end in an:

(a)   odd number for Allendale, Bamberg, Barnwell, Beaufort, and Berkeley Counties;

(b)   even number for Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, and Williamsburg Counties;

(2)   May in years which end in an:

(a)   odd number for Cherokee, Chester, Chesterfield, Darlington, Dillon, Fairfield, Florence, and Horry Counties;

(b)   even number for Lancaster, Marion, Marlboro, Union, and York Counties;

(3)   August in years which end in an:

(a)   odd number for Calhoun, Kershaw, Lee, Orangeburg, and Sumter Counties;

(b)   even number for Richland County;

(4)   November in years which end in an:

(a)   odd number for Abbeville, Aiken, Anderson, Edgefield, Greenville, and Greenwood Counties;

(b)   even number for Laurens, Lexington, McCormick, Newberry, Oconee, Pickens, Saluda, and Spartanburg Counties.

If a license purchased will be for less than twenty-three months because of this section, the license tax must be prorated on a twenty-four month basis with each month representing one twenty-fourth of the license fee imposed under subsection (A).

(E)   The department, at its discretion and for the efficient administration of the law, may prorate licenses in any manner to implement or change the expiration date established in this section and to stagger the issuance of the licenses by county or by any other method considered appropriate by the department.

(F)   A license authorized in this section shall not be issued unless and until the department has completed its background investigation.

(G)   An application for a license may be denied or a license may be revoked if the applicant or licensee fails to pay any tax or fee administered by the department.

(H)   A license issued under this chapter is a privilege personal to the person to whom it was issued and is not a legal right.

Section 12-22-330. (A) (1) Every machine owner making a machine available for play shall apply for and procure a license from the department for the privilege of making use of the machine in this State.

(2)   The machine owner shall pay a biennial fee of four thousand dollars for each machine license. The machine owner shall apply for and obtain from the department the license required by this section before the first day of June every two years or before doing an act taxable under this chapter. All licenses expire May thirty-first the second year of which the license is valid following the date of issue.

(3)   A license for a machine shall be issued only to a person who has been licensed pursuant to Section 12-22-320 for use at a licensed establishment. No machine may be operated without a license.

(B)   As an alternative to the license required in subsection (A), a person may be granted a nonrefundable license beginning April first and to expire September thirtieth, following the date of issue, which may not be prorated. The fee for this six-month license is one-fourth the biennial license fee.

(C)   If a license required in subsection (A) is purchased after June thirtieth, the license tax must be prorated on a twenty-four month basis with each month representing one twenty-fourth of the license fee imposed under subsection (A).

(D)   The owner or operator of any machine which has multi-player stations shall purchase a separate license for each such station and any such multi-player station counts as a machine or device when determining the number of machines or devices authorized for licensure under this chapter.

(E)   A license may not be issued for the operation of a machine that is located, or intended to be located, on a watercraft or vessel plying the territorial waters of this State.

(F)   No machine may be operated at an establishment unless the establishment is licensed pursuant to the provisions of Chapter 36 of Title 12.

(G)   Upon application being made for a license to operate any machine or apparatus under this chapter, the department may presume that the operation of the machine or apparatus is lawful and when a license has been issued for the operation thereof, the sum paid for the license may not be refunded notwithstanding that the operation of the machine or apparatus is prohibited.

(H)   The issuance of a license under the provisions of this chapter by the department does not make lawful the operation of any gambling machine or device, the operation of which is made unlawful under the laws of this State.

(I)   Failure to obtain a machine license as required by this chapter makes the machine owner liable for the penalties imposed in this chapter.

(J)   A person with a license issued pursuant to this chapter shall notify the department within thirty days of any change in its principals. Any addition to the machine owner's principals of a person not already determined to have met the qualifications of this chapter voids the license unless the addition has been approved in advance by the department. The department shall develop forms and procedures for notification and approval of any change.

(K)   No distributor, owner, or operator must be issued a license unless the distributor, owner, or operator has been a resident of the State for two years before the date of application. If the distributor, owner, or operator has more than one principal, then only the principal in whose name the license is issued as provided in Section 12-22-1110(A)(2) must be a resident of the State for two years before the date of application.

Section 12-22-340. (A)   No municipality may limit the number of machines within the boundaries of the municipality. A municipality may by ordinance impose a license fee on machines, other than those referred to in Article 15, in an amount not exceeding ten percent of three thousand six hundred dollars of the license fee imposed pursuant to Section 12-22-330(A) for the equivalent license period.

(B)   No county may limit the number of machines within the boundaries of a county. A county may by ordinance impose a license fee on machines, other than those referred to in Article 15, located in an unincorporated area of the county in an amount not exceeding ten percent of three thousand six hundred dollars of the license fee imposed pursuant to Section 12-22-330(A) for the equivalent license period.

Section 12-22-350. (A)   (1) The department and the division must be given within ten business days written notice of:

(a)   any termination of a business, transfer of a business, or a change of ownership, possession, or control of an interest in a business holding a license issued under Section 12-22-320; and

(b)   any transfer of a machine, or a change of ownership, possession, or control of a machine licensed pursuant to Section 12-22-330.

(2)   The transfer of ten percent or more of a sole proprietorship, partnership interest, limited partnership interest, or corporate stock is considered a change in ownership. An indirect ownership interest that would compel the disclosure and background information required of a principal for an initial application must be disclosed to the department pursuant to this provision.

(3)   Anyone whose interest in the business has ended must immediately surrender to the department any licenses in his possession related to that business or machine. Failure to surrender a license as required by this subsection is justification for revocation of any and all licenses issued by the department and held by the licensee.

(B)(1) A person who acquires an interest in a business which holds licenses issued under this chapter, upon initiating the application process for a biennial license issued under 12-22-330, may be issued a temporary license by the department at the time of the acquisition if the applicant or location for which the temporary license is sought is not considered by the department to be ineligible under the provisions of this chapter or the applicant currently holds a valid license previously issued pursuant to this chapter, or the applicant has had a criminal history background check conducted by the division within the past thirty days.

(2) A temporary license issued pursuant to item (1) of this subsection is valid until a biennial license is approved or disapproved by the department, but in no case is it valid for more than one hundred eighty days from the date of issuance. The department may revoke a temporary license if the applicant fails to pursue the biennial license in a timely manner. The department shall collect a fee of twenty-five dollars for each temporary license.

(C) (1) Following notice as provided in subsection (A), a machine license issued pursuant to Section 12-22-330 may be transferred from one person licensed pursuant to Section 12-22-320 to another person licensed pursuant to Section 12-22-320. Any machine license transferred in accordance with this subsection shall remain in effect for the remainder of the period for which the license was issued to the transferor. All records relating to the ownership of the machine shall be revised to the reflect the identity of the new owner.

    (2) A machine license shall not be transferred to any person who is not licensed pursuant to Section 12-22-320.

(3) If a machine is proposed to be transferred to a person who is not licensed pursuant to this chapter, then the machine shall not be used in an establishment until the transferee is licensed as a machine owner pursuant to this chapter.

Section 12-22-360. Appeals of department decisions, including appeals of penalties, or of denied, suspended, or revoked licenses, must be conducted in accordance with the South Carolina Revenue Procedures Act in Chapter 60 of this title.

Section 12-22-510.   (A) In addition to the license fees, a tax of twenty-five percent of the net machine income of every machine is imposed on the machine owner.

(B)   The tax imposed by this section must be collected and remitted to the department by the machine owner. The machine owner shall be responsible for collecting and remitting any portion of the tax imposed by this section which is agreed in any manner to be paid by any other person, including the machine operator, distributor, or the owner, lessee, or manager of an establishment at which the machine is operated or offered for operation.

(C)   The tax imposed by this section is effective beginning on the first day of the first month following the effective date of this chapter.

Section 12-22-520.   (A) Unless the department exempts a taxpayer from this requirement, the taxes in this article must be paid to the department by the machine owner through electronic transfer of funds. The machine owner shall furnish the department all information and bank authorization required to facilitate the timely payment of taxes due to the State. Machine owners shall provide the department thirty days' advance notice of any proposed bank account changes to ensure the uninterrupted electronic transfer of funds.

(B)   After notice to taxpayers, the department may draw upon the designated account to satisfy the tax indebtedness under this chapter on the twentieth day of the month following the month for which taxes accrued. The machine owner shall maintain an account balance in an amount sufficient to cover the amount drawn by the department. The failure to maintain an adequate balance in the account as required in this section authorizes the department to find the tax in jeopardy and to disable all licensed machines of the machine owner. Appeals are governed by the jeopardy assessment appeals procedures in Sections 12-60-910 and 12-60-920.

(C) Each machine owner, machine operator, and licensed establishment shall report to the department for each calendar quarter, by the twentieth of the month following end of the quarter, the following information for each machine:

(1)   name and address of location of the machine;

(2)   denomination, whether five cents, etc. of the game;

(3)   the name of the game;

(4)   the name of the individual(s) collecting money from the machine and the owner of the machine;

(5)   the date(s) of collection;

(6)   the date of previous collection;

(7)   income number at commencement of the reporting period;

(8)   income number at the end of the reporting period;

(9)   beginning payout number;

(10)   ending payout number;

(11)   payout to players;

(12)   gross profit;

(13)   the percentage of net profits divided between owner and the location and the formula by which those figures are calculated; and

(14)   the name, address, telephone number, and information regarding any refunds to players.

(D)   For purposes of the reporting requirements of this section, a person who has a security interest, lease agreement, or similar financing arrangement in a machine is not considered a machine owner.

(E)   For machines connected to the central computer monitoring system, the department shall determine the tax on net machine income as of the last day of each month. The department shall notify the machine owner in the form of a billing statement of the amount of tax the department shall draw from the designated account to satisfy the net machine income tax.

Section 12-22-530. (A)   On or before the twentieth day of the month following the end of each month, every person subject to the tax imposed by this section shall render to the department, on a form or in a manner prescribed by it, the tax due and payable and a true and correct statement showing the net machine income for the reporting period together with other information the department may require. A return is timely filed if the return is mailed and postmarked on or before the due date.

(B)   As an interim procedure to collect the taxes in this article between the effective date of this chapter and when a machine is connected to the central computer monitoring system, the department shall develop forms and procedures to facilitate the return and payment of these taxes. This interim procedure also must be used during any period when the central computer monitoring system is unable to determine taxes as provided in Section 12-22-520. The taxes are due and payable and the return is due on or before the twentieth day of the month following the month in which the taxes accrue.

Section 12-22-540. (A) The taxpayer shall report to the department any discrepancies in the department's statement of taxes based on a machine's mechanical and electronic meter readings, or otherwise. The owner shall submit to the department the maintenance log that includes current mechanical meter readings and the audit ticket that contains electronic meter readings generated by the machine's software for each machine that reflects a discrepancy. Until a discrepancy is resolved, the department shall not make credit adjustments. Electronic accounting meters shall not be cleared outside the presence of an authorized department or division employee. Any discrepancies that cannot be resolved because of unauthorized meter clearing shall be resolved in favor of the State. The burden of proving a discrepancy is upon the taxpayer.

(B)   A licensed establishment may return to a player money which the player deposited into the machine for which the machine did not permit play and would not print a validated payout ticket; and in this event shall obtain and record the date, time, amount, and licensed machine number of the refund, and the name, addresses, telephone number, social security number, and driver's license identification number and state, of that player. Thereafter, the taxpayer may file a claim for refund for any taxes paid under this chapter on the amount returned to the player in accordance with Chapter 60 of this title, but in addition to the information required by Section 12-60-470, the taxpayer shall file the information required to be maintained by the licensed establishment under this subsection.

Section 12-22-550. Failure to remit taxes imposed under this chapter shall result in immediate disabling of the machines and is justification for the revocation of the machine license and machine owner's license.

Section 12-22-560. (A)(1)   All revenue derived from the tax imposed pursuant to Section 12-22-510, except as herein provided, must be credited to a fund separate and distinct in the general fund to be known as the Video Machine Income Fund. No appropriations credited to this fund may be authorized prior to July 1, 2000.

(B)   Until June 30, 2000, the department may retain six hundred dollars per machine license fee to be expended as follows: four hundred dollars per machine license fee shall be expended by the department and used exclusively for administration and enforcement of this chapter, and two hundred dollars per machine license fee shall be transferred to the division and used exclusively for administration and enforcement of this chapter. Beginning July 1, 2000 and effective beginning with the general appropriation act for the fiscal year 2000-2001, the General Assembly in the annual general appropriation act shall appropriate to the department funds in an amount not to exceed four hundred dollars per machine license fee to be used exclusively for administration and enforcement of this chapter.

Section 12-22-710. (A)   A licensed establishment, including its employees and agents, may not:

(1)   maintain, possess, or otherwise allow on its premises more than five machines, except as provided in section 12-22-740;

(2)   advertise, or allow advertising, in any manner for the playing of the machines, except as provided in Section 12-22-760;

(3)   offer or allow to be offered any inducement to a person for the playing of machines;

(4)   knowingly allow anyone under the age of twenty-one to play machines;

(5)   allow anyone under the age of twenty-one to receive payouts as a result of playing machines;

(6)   operate machines between the hours of two o'clock Sunday morning and six o'clock a.m. Monday morning;

(7)   violate valid local zoning ordinances;

(8)   cash any business, personal, or employment checks of any individual or business;

(9)   make loans to any individual or business;

(10)   accept a credit card or debit card from a player for the exchange or purchase of game credits or for advancement of coins or currency;

(11)   be located within five hundred feet, or within three hundred feet in a municipality, of any of these locations: a public or private elementary, middle, or secondary school; a public or private kindergarten or daycare; a public playground or park; a public vocational or trade school or technical educational center; a public or private college or university; or house of worship; or a subdivision which has a covenant that prohibits the location of a commercial enterprise within the subdivision;

(12)   knowingly allow playing of machines by a person in an intoxicated condition; or

(13)   extend credit, in any manner, to a player. A machine operator or licensed establishment shall not allow an agent or any employee of the operator or establishment to provide a loan or extension of credit to a player.

(B)   A machine owner or operator or any other person shall not at the location of the licensed establishment:

(1)   engage in business as a Level I or Level II check cashing service, as defined in Section 34-41-10;

(2)   engage in business as a deferred presentment service, as defined in Section 34-39-120;

(3)   make restricted loans, as defined in Section 37-3-501(3);

(4)   make supervised loans, as defined in Section 37-3-501(1); or

(5)   make loans on the security of a motor vehicle certificate of title.

(C)   The distances in this article shall be measured in a straight line, without regard to intervening structures or objects, from the nearest property line of the lot on which a building or structure is used as a licensed establishment to the nearest property line of the location in subsection (A)(11) of this section or Section 12-22-720(B).

(D)   Except as otherwise provided herein, the provisions of this section apply to all applicants and licensees. However, the distance requirements set forth in this subsection (A) do not apply to:

(1)   an establishment which operated or allowed the operation of machines for which licenses were issued before May 30, 1993; or

(2)   an establishment which:

(a)   operated or allowed the operation of machines for which licenses were issued on or after May 30, 1993 and which were in operation on the effective date of this chapter; and

(b)   was in compliance with the distance requirements in effect prior to the enactment of this chapter.

(E)   Each county or municipality, by ordinance, may determine the zoning of locations for the operation of machines. The zoning restrictions may not be less restrictive than this chapter.

Section 12-22-720.   (A)   An establishment license must not be issued until the department determines that the location is in compliance with Section 12-22-710.

(B)(1)   The department shall not issue an establishment license to a new establishment that is closer than one hundred feet to an existing establishment even if the applicant has different principals than the existing licensed establishment(s) or where a licensure application for another establishment is pending.

(2)   For purposes of this section:

(a)   'new establishment' means an establishment which did not have machines on May 31, 1999; and

(b)   an 'existing establishment' means:

(i)     an establishment which is licensed at the time of the application for a license for a new establishment; or

(ii)   an establishment which had machines on May 31, 1999 and which is under the control of the same person who was licensed for the location under the provisions of Chapter 36, Title 12 on May 31, 1999.

(3)   Notwithstanding the provisions of item (1) of this subsection, the department may issue an establishment license after notice and the procedures in this section if the department otherwise determines that the location is a proper one.

(C)(1)   The person applying for the establishment license closer than permitted under subsection (B)(1) shall place a notice at least once a week for three consecutive weeks in a newspaper or newspapers most likely to provide notice to interested citizens of the county, city, or community in which the person seeks to locate the proposed establishment. The department shall determine which newspaper or newspapers meet the requirements of this section based on available circulation figures. If a newspaper is published within the county and historically has been the newspaper where legal notices are published, the advertisements published in that newspaper meet the requirements of this section. Notice also must be given by displaying a sign for fifteen consecutive days at the site of the proposed establishment. The sign shall:

(a)   state that a license for the operation of machines is being sought and that the establishment will be able to issue cash payouts from these machines;

(b)   tell an interested person where and when to send a written protest of the application;

(c)   be in bold print; and

(d)   cover a space at least eleven inches wide and eight and one-half inches high.

(2)   A person residing in the county in which an establishment license is requested to be granted pursuant to subsection (B)(3), or a person residing within five miles of the establishment for which an establishment license is requested pursuant to subsection (B)(3), may, before seven days after the last published notice, protest the issuance of the license if a written protest is filed with the department setting forth:

(a)   the name, address, and telephone number of the person filing the protest;

(b)   the name of the applicant for the establishment license and the address of the establishment sought to be licensed;

(c)   the specific reasons why the application should be denied; and

(d)   whether the protestant wishes to attend and offer testimony before a contested case hearing before the Administrative Law Judge Division.

(3)   Upon receipt of a timely filed protest, seeking a contested hearing before the Administrative Law Judge Division, the department may not issue the establishment license but shall forward the file and its determination to the Administrative Law Judge Division.

(4)   If the protestant expresses no desire to attend a contested hearing and offer testimony, the protest is considered invalid, and the department shall continue to process the application and make its determination of whether all other statutory requirements for the license are met.

(5)   The department shall determine whether the location is a proper one. Any protestor or the applicant may appeal the department's determination.

Section 12-22-730. The department must issue regulations to strictly enforce the provisions of this chapter so as to prevent the licensure of an establishment or establishments that would allow machine operators to circumvent the prohibition against more than five machines being located on any premises. Nothing in this section, and the terms as they are defined in this chapter, shall be construed to be unenforceable because of the pendency of, or the failure to issue, any regulations by the department. This chapter must be liberally construed to supercede any regulation in existence after the effective date of this act that would impede the department in any way from strictly enforcing the provisions of this chapter regarding the prohibition against more than five machines being licensed on the same premises.

Section 12-22-740. (A) Except as provided in subsection (B), machines shall not be operated or continue to operate at any casino, casino-style gaming operations, video gaming mall, or combination of 'single place or premises' as that term was applied in Regulation 117-190. In determining whether an establishment violates this section, the department shall consider whether more than one licensed establishment operates within a single structure, unless the distance between such licensed establishments exceeds one hundred feet and the licensed establishments are not owned by the same person, do not have any of the same principals, and the owner of one is not a principal of another licensed establishment.

(B)(1)   No entity or entities of whatever description or kind which, prior to May 31, 1999, conducted business as a casino or otherwise through and by a combination, confederation, or aggregation of 'single place or premises' as that term prior to May 31, 1999, was interpreted and applied by the department in regulation may operate or continue to operate except as provided in this subsection.

(2)   After December 1, 1999, entities as described in item (1) of this subsection shall be permitted to re-apply for and may be granted renewal of a license that, notwithstanding any other provision of the law, must expire and may not be renewed after July 1, 2004. Pursuant to Sections 1, 9, and 11 of Article V, the General Assembly provides that the Magistrate, Circuit and Appellate Courts do not have jurisdiction to extend the termination date of July 1, 2004, and may not enjoin the enforcement of this subsection by the department or the division. Nothing in this subsection shall be construed to affect the jurisdiction of the state courts regarding other provisions of this chapter.

(3)(a)   After July 1, 2004, entities as described in item (1) of this subsection this subsection may continue to operate within a county if the county governing body, prior to July 1, 2004, adopts an ordinance authorizing the operation of such entities.

(b)   An ordinance adopted pursuant to this item may not authorize the operation of an entity described in item (1) of this subsection if the entity was not in operation on May 31, 1999.

(4)   If the provisions of item (3) are declared unconstitutional by a final order of a court of competent jurisdiction, then the provisions of Section 12-22-710(A)(1) shall apply in the entire State.

(C)   All establishments which conducted business as a casino or otherwise within a structure which prior to May 31, 1999, contained more than one 'single place or premises' in accordance with department Regulation 117-190 must:

(1)   on or before January 1, 2000, conduct business as a single operation and be licensed as a single licensed establishment to maintain on the premises more than five licensed machines;

(2)   advise the department of the machine and establishment licenses currently issued for the structure and return the establishment licenses to the department at the time the new license for the single licensed establishment is approved by the department and issued;

(3)   once licensed as a single establishment, never have licenses for any number of machines greater than the total number of machines licensed in the structure as of May 31, 1999, as asserted in the statement required in item (5);

(4)   never increase the number of machines permitted by this section after any reduction in the number of machines at the licensed establishment; provided, that a reduction, as that term is used in this subsection, does not include the routine removal and replacement of machines for maintenance, repair, service, or similar purpose; and

(5)   on or before January 1, 2000, file with the department a sworn statement asserting any and all reasons why it is entitled to the benefits conferred by this subsection (B).

(D)   Any person claiming the benefits of subsection (B) shall have the burden of proof and must establish by clear and convincing evidence that he is entitled to operate the structure as a single licensed establishment with more than five licensed machines. Any transferee of an interest in such an establishment shall be subject to all limitations of this section.

Section 12-22-750.     (A)   The offering of an inducement as prohibited in Section 12-22-710(A)(3) means any attempt to influence a person to play machines including, but not limited to:

(1)   free or discounted food or beverages;

(2)   free or discounted games other than credits won through authorized play;

(3)   prizes, either at the doors or through drawings or other means;

(4)   coupons offering any of the above;

(5)   cash other than authorized payouts; or

(6)   jackpots or other progressive winnings schemes.

These specified inducements are not exclusive. Other attempts to influence a person to play a machine are prohibited.

(B)   A licensed establishment that engages in activities other than the operation of machines may not offer any inducement unless the licensed establishment is able to prove that the inducements offered are not directed at machine players and that the offerings are part of the normal business practice of similar activities in this State.

Section 12-22-760. (A) A licensed establishment or licensed machine operator or any employee or agent of the licensee, may only advertise, or allow the advertising of, the playing of machines by utilizing a single green square not exceeding four by four feet which may be placed on any side or sides of the building in which the licensed establishment is located.

(B)   Nothing in this section prevents a licensed establishment from advertising goods and services, other than the playing of machines, except as otherwise prohibited by law.

(C)   No person may advertise in a misleading or deceptive manner.

(D)   To protect the public from misleading, deceptive, or aggressive sales practices, no person shall advertise the playing of machines or a business regulated under this chapter in any manner that suggests winning, money, or wealth.

(E)   Due to the pervasiveness of the medium and the children in the audience, no person may advertise the playing of machines in any electronic, broadcast or print medium.

(F)   No person shall advertise in any manner for the playing of machines within one thousand feet of a public or private school, daycare center, kindergarten, residence, park, playground, or church.

(G)   Signs and nonbroadcast advertising in existence on the effective date of this chapter are not subject to the provisions of this section until July 1, 2000, if notice is given to the department as required in this chapter.

(H)   A machine owner, manufacturer, or distributor may advertise his enterprise but may not sponsor, promote, or otherwise advertise the playing of games and may not advertise on behalf of a machine operator or licensed establishment.

Section 12-22-770. (A) A licensed establishment must have posted and visible to the public at least one sign with the following words printed on it:

(1)   'A person must be twenty-one years of age to play a video game machine or receive payouts from a video game machine.'

(2)   'It is illegal to offer inducements to a person to play video game machines.'

(3)   'All games are random. Games are set to issue a minimum theoretical payout of between ninety and ninety-nine percent.'

(4)   'This establishment maintains a copy of the video game machine laws on the premises for review by players at their request.'

(5)   'Validated tickets may be redeemed for cash.'

(6)   'Violators are subject to civil and criminal penalties.'

(7)   'Violations may be reported to South Carolina Law Enforcement Division or your local law enforcement agency.'

(8)   'No payout of greater than five hundred dollars is allowed, regardless of the amount deposited in the machine.'

(B)   The sign required by subsection (A) must be placed behind the machine, but must be visible and readable by the person playing the machine. Each letter on the sign must be at least two inches high.

(C)   Each machine licensed under this chapter must have a prominently displayed sign citing the penalties provided for violations of Sections 12-22-1330(1), 12-22-1330(2), and 12-22-1360 on the wall above the machine or affixed prominently to the machine. The department may provide sample language for these signs.

(D)   In addition to all other signs required under this section, a white warning label must be prominently and permanently affixed to each machine. The label must contain the phrase 'WARNING: GAMBLING CAN BE ADDICTIVE' in capital black letters not less than two and one-half inches in height and one and one-half inches in width, followed by the phrase 'CALL 1-XXX-XXX-XXXX FOR HELP WITH GAMBLING ADDICTION' in capital black letters not less than one inch in height and one-half inch in width. The toll free number to be inserted on the label must be provided by the South Carolina Department of Alcohol and Other Drug Abuse Services.

Section 12-22-780. (A) Any person who would otherwise be subject to the restrictions of this chapter but who seeks to use the provisions of Sections 12-22-710(D), 12-22-710(E)(2), 12-22-740(B), or 12-22-760(G), must, on or before January 1, 2000:

(1)   notify the department in a statement made under penalties of perjury that he is eligible to use the provision;

(2)   state the specific and detailed reasons for claiming the privileges of the specific provision claimed; and

(3)   identify all licenses associated with the claim.

(B)   The person claiming the benefit of Sections 12-22-710(D), 12-22-710(E)(2), 12-22-740(B), or 12-22-760(G)shall have the burden of proof and must establish by clear and convincing evidence that he is entitled to the benefits claimed.

Section 12-22-910. (A) Before a machine may be connected or remain connected to the central computer monitoring system, the machine must have a current and valid machine license. The machine owner and machine operator, and the establishment at which the machine is located must have current and valid licenses as required by this chapter.

(B)   Each machine or device licensed pursuant to this chapter must be operated in a stand-alone fashion and may not be linked in any way to another machine, except as otherwise provided in this chapter.

(C)   Any machine which is not connected to the central computer monitoring system after February 1, 2000 shall be considered to be illegal and a contraband machine.

Section 12-22-920.   (A)   All machines, location controllers and associated modems, and computer chips must be verifiably of a make, model, and software version certified by the department or a testing lab selected by the department before the items may be possessed, owned, operated, or allowed to operate at any place within this State.

(B)   A person may not possess, own, operate, or allow the operation of a contraband machine or device at any place within this State.

Section 12-22-930. (A) Not later than December 1, 1999:

(1) each machine must meet standards provided in subsection (B) of this section and the machine owner shall certify to the department, under oath and in a form prescribed by the department, that the machines are prepared for connection to the central computer monitoring system; or

(2) each machine owner must certify to the department, under oath and in a form prescribed by the department, that he has ordered all location controllers and associated modems, computer chips, associated equipment, software, hardware, and any other equipment required by this chapter in order for his machines to be connected to the central computer monitoring system.

(B) Not later than December 1, 1999 and subject to the provisions of subsection (A)(2), all machines and equipment must:

(1)   have games that are random and have a minimum theoretical payback of between ninety percent and ninety-nine percent, within standard rounding, in which the theoretical payback percentage is determined using standard methods of probability theory at optimal play;

(2)   be secure and accountable;

(3)   not operate in a misleading or deceptive manner;

(4)   not have any means of manipulation that affect the random probabilities of winning a game;

(5)   have one or more mechanisms that accept only coins or cash in the form of bills. The mechanisms must be designed to prevent obtaining credits without paying by stringing, slamming, drilling, or other means;

(6)   have one or more metering devices that keep a record of (a) all cash inserted or deposited into the machine; (b) credits played, (c) credits won, (d) validated cash ticket amounts, and (e) other information prescribed by the department. Cash records must include total coins and bills accepted and total credit generated by coin and bill acceptors;

(7)   be capable of being accessed on demand by telecommunication through a location controller from the central computer monitoring system for purposes of polling or reading device activities and for central computer remote enabling or disabling of machine operations;

(8)   be capable of interfacing with a central computer monitoring system through a location controller;

(9)   when required by the department after certification, be connected to the central computer monitoring system through a location controller; and

(10)   meet the standards set by the department and those set forth in this chapter.

(C)(1)   Machines not meeting the standards of this chapter, or the standards of the department, shall not be licensed. The license of any machine which fails to maintain the standards of this chapter shall be revoked.

(2)   The department shall connect licensed machines at licensed establishments meeting the requirements of this section to the central computer monitoring system as soon as is practicable after receipt of certification from the machine owner that a machine meets the standards of this section , no later than February 1, 2000. A machine owner who provides the certification provided in subsection(A) may provide payouts as provided in Section 12-22-1020 beginning on December 1, 1999. A machine owner who provides the certification provided in subsection (A)(2) shall provide the certification provided in subsection (A)(1) by February 1, 2000; if the certification is not provided on that date, the machine shall be disabled and the machine owner shall be subject to the penalties provided in this chapter.

(D)   When the department approves the software and logic board of a machine, the division must require the use of a prescribed security seal process to guard against any unauthorized tampering or changes to the erasable programmable read only memory (EPROM) chip or chips, or future, similar such technology. Any repair, replacement, or adjustment to the machine's EPROM chips or similar such technology must be done in the presence of an employee of the division.

Section 12-22-940.   (A)   As part of the central computer monitoring system, each establishment operating machines must provide a location controller and modem meeting department requirements. Each location controller must be capable of receiving, storing, and transmitting to the central computer monitoring system all information received from and required of machines. Each location controller shall be capable of supporting at least five machines.

(B)   This section applies to those location controllers which participate in the system as separate hardware entities and any head of string location controller which meets the specifications of this section.

(C)   The cost for purchasing, leasing, and installing, the location controller is the responsibility of the licensed establishment in which the machines are located.

(D)   Each location controller must be able to perform the following functions:

(1)   communicate with machines in an on-line environment;

(2)   store log entries of openings of machine game doors;

(3)   store log entries of openings of machine coin or currency doors;

(4)   authorize a machine to be taken off-line from the location controller and store a log of this event;

(5)   disable a machine and store a log entry upon a game door open, and a coin door open;

(6)   store a log entry if machine is off-line from the location controller;

(7)   store a log entry for machine tampering if the signal received from the machine is discontinuous or corrupted in such a manner as to constitute more than spurious noise in the system;

(8)   store a log entry of reenabling a machine that has been disabled;

(9)   log entries which include a VGMID for each machine and date/time stamp;

(10)   communicate to the central computer system the information which has been gathered from the machines and any log entries stored during the period using a protocol provided by the department or designated agent;

(11)   have sufficient storage capacity to maintain at least five days of data generated from the maximum playing sessions from the maximum number of associated machines linked to the location controller. The data must be stored immediately in a manner that allows, on demand, real time access by the central computer monitoring system. Access to data stored in the location controller must be restricted to authorized entry from the central computer monitoring system and other authorized inquiry only access that has been preapproved by the department;

(12)   have an internal clock;

(13)   be protected from unauthorized interference or tampering by any person or external device or force, such as to corrupt or alter data or corrupt or suspend communication signals or transmitted data from the machines or to the central computer monitoring system. This requirement extends to the location controller as well as its associated communication device, and cabling between the controller, the machines, and communication device;

(14)   be constructed of materials and protected in such a manner as to allow it to operate in suboptimal environments such as nonregulated temperature, dusty, tobacco-smoke filled, and humid conditions. Locations using a location controller that is not constructed so as to operate in these environments and that fail to operate properly are not allowed to operate machines until the location controller is repaired or replaced so as to operate in such a suboptimal environment; and

(15)   be capable of validating tickets printed by a machine.

Section 12-22-950.   The department may set standards for machines, modems, location controllers, the central computer monitoring system, and associated equipment including, but not limited to, technical standards, hardware specifications, software specifications, and standards relating to multiplayer units. Applicants must meet these standards before any license may be issued. The department may revise technical standards as is necessary providing sufficient time for compliance by licensees. The technical standards established by the department must, to the extent possible, within the limitation of this chapter, maximize competition among manufacturers.

Section 12-22-960.   The burden of proof that a machine, game, location controller, modem, or any part of a machine meets the required standards and requirements is the responsibility of the manufacturer or machine owner. The department may require the manufacturer or machine owner to obtain a certification from an approved laboratory indicating that the machine, game, location controller, modem, or any part of a machine meets the required standards and requirements. The cost of this certification is the responsibility of the manufacturer or machine owner. The department shall provide a list of approved laboratories. The department may also review a laboratory to determine if the laboratory should be added or removed from the department's list of approved laboratories. The department may contract with a testing laboratory to ensure and certify that a machine, game, location controller, modem, or any part of a machine meets the required standards and requirements. The department may also establish a state testing laboratory. Payment of the cost of testing by the laboratory is the responsibility of the manufacturer or machine owner. Approval of the machine by the department is prima facie evidence that the machine meets the required standards and requirements.

Section 12-22-970. A machine owner shall notify the department before a machine is added, replaced, disconnected, or transferred to another establishment.

Section 12-22-980.   The licensed establishment or machine owner shall notify the department before a location controller is added, disconnected, or transferred to another establishment.

Section 12-22-990.   (A)   Each location controller must be programmed automatically to disable the play of all machines connected to the location controller, if the location controller has not been polled by the central computer monitoring system for the purpose of collecting meter and event data, for a period to be determined by the department, but not less than seventy-two hours. The machine must be enabled when communication has been restored.

(B)   Whenever a machine is disabled during play of a game, the following must occur:

(1)   a message must appear on the screen warning the player that the machine is about to be disabled and the player must be informed that one minute remains to complete the game;

(2)   a count-down timer must be displayed;

(3)   if the player completes the game, all payouts must be reported on a payout ticket and no other games are allowed to be played on that machine; and

(4)   if the player has not completed the game in the minute allotted, then the machine shall complete the hand according to the manufacturer's recommended play strategy, all payouts must be reported on a payout ticket, and the machine then disabled.

Section 12-22-1000.   Each machine placed in operation in this State must have affixed by the manufacturer a VGMID assigned by the department. Each machine owner shall notify the department in writing of the receipt of a machine. Manufacturers, distributors, and machine owners shall make machines and associated equipment available for inspection by the department or division. No machine may be transported out-of-state until the VGMID has been removed. No one other than an authorized department or division employee shall remove the VGMID. For qualifying machines already located in the State, the department shall assign, and the division shall affix, the VGMID. The VGMID must be programmed into the machine and serves as the machine's unique identifier for purposes of logging events and reporting play statistics.

Section 12-22-1010.   (A) Every machine owner shall maintain records for each machine showing the manufacturers' serial number; model and type of machine; the VGMID; the license number; the location's name, address, and telephone number; the machine operator; the date the machine entered this State; the date it entered the location; the date the machine went on-line; and the bank account from which the taxes are withdrawn.

(B)   The machine owner shall maintain information relating to the payment of any money or compensation paid to any persons to operate the machine. Information required by this section must be available on demand for inspection by a representative of the department or division.

Section 12-22-1020.   (A) No person may possess, own, operate, maintain for use or operation, or allow the operation of, any machines that:

(1)   allow more than three dollars in credits to be bet, risked, wagered, or played on any hand;

(2)   issue payouts of more than five hundred dollars to a player, regardless of the amount of money deposited into the machine;

(3)   require any minimum number of credits before issuance of a validated payout ticket;

(4)   permit any player to receive a payout greater than five hundred dollars, regardless of the amount of money deposited into the machine;

(5)   produce at the completion of the play period validated tickets worth more than five hundred dollars regardless of the amount deposited in the machine;

(6)   allow at the completion of the play period the production of multiple tickets with a collective value of greater than five hundred dollars or engage in any other schemes to evade the five hundred dollars payout limitation; or

(7)   offer on the face of the machine or in any pay table the possibility of receiving a payout of greater than five hundred dollars at the completion of the play period.

(B)(1) Any licensed machine that provides payouts must limit the amount bet, risked, wagered or played on any hand to three dollars and the payout must be limited to credits equal to five hundred dollars.

(2) When a player earns credits equaling or exceeding five hundred dollars:

(a) the machine must: temporarily disable that player station, immediately delete all credits or their equivalents with a value greater than five hundred dollars, immediately report on a payout ticket payable to that player or player station, reset to zero or 'game over'; and

(b) that player or another player at that player station may not continue to play until more cash or coin is deposited into the machine.

(3) The machine must be programmed so that other players of a multi-player unit are not affected if one or more players is issued a payout ticket pursuant to this provision.

(4)   The central computer monitoring system shall monitor the deletion prior to the completion of the play period and the printing of validated payout tickets all credits or their equivalents with a value of greater than five hundred dollars.

(C)   A machine operator may only redeem tickets for credits awarded on licensed machines located in that licensed establishment. A ticket must be validated by the location controller before any payout is made.

(D)   At the time the player presents a payout ticket to the machine operator or his agent for a cash payout, the machine operator or his agent shall require the person presenting the payout ticket to write or otherwise have placed on the payout ticket the person's name, address, and telephone number. Upon the provision of the payout ticket with the above required information, and upon presentation of a form of verifiable identification as approved by the department, the machine operator or his agent may make a cash payout. The payout tickets redeemed by the machine operator or his agent shall be retained by the machine operator or his agent in the same manner and for the same period as other records are required by this chapter.

(E)   Any person offering money, prize, bonus or anything of value for earning credits above what is printed on a payout ticket is guilty of a felony and, upon conviction, must be imprisoned for not less than one year nor more than ten years and may be fined not more than twenty-five thousand dollars.

(F)   A person licensed pursuant to this chapter violating this section shall also be subject to a civil penalty of revocation of the establishment, operator, or owner license for five years and may be fined an amount not to exceed one thousand dollars per violation.

Section 12-22-1030.   A machine must be disposed of in a manner that makes it incapable of use or operation in any video game or other gaming or amusement activity. A machine may not be disposed of until notice has been given to the department as provided in this section. An owner desiring to dispose of an unsaleable or damaged machine shall notify the department in writing before disposal and provide the following information in a manner as directed by the department:

(1)   the full name, address, and license number of the person or entity disposing of the machine;

(2)   the manufacturer's serial number of the machine;

(3)   the model number and description of the machine;

(4)   the manufacturer of the machine;

(5)   the VGMID of the machine;

(6)   the hard meter readings of the machine;

(7)   the licensed establishment at which the machine was located; and

(8)   the proposed manner, time, and place of disposal.

Section 12-22-1040.   A machine must not simulate bingo or a slot machine.

Section 12-22-1050.   Each machine must contain a single printing mechanism capable of printing an original ticket and retaining an exact copy which is subject to inspection by the department. Tickets must contain any information the department determines to be reasonable for the efficient administration of this chapter. The department shall provide manufacturers information as to the information needed on a ticket and the placement of information on the ticket.

Section 12-22-1060. All machines, location controllers, and the central computer monitoring system selected by the department must perform correctly before, during, and after the year 2000, with no error in functioning or data caused by failure to correctly interpret and utilize data contained within date fields within the system.

Section 12-22-1070. (A)   The department shall disable machines via the central computer monitoring system for the following reasons:

(1)   the establishment license or retail sales tax license at the establishment where the machines are located has been revoked or suspended;

(2)   the license of the machine has been revoked or suspended;

(3)   the machine owner's license has been revoked or suspended;

(4)   the machine operator's license has been revoked or suspended;

(5)   the establishment license, machine license, machine owner's license, or machine operator's license has expired;

(6)   the central computer monitoring system has registered a violation of system integrity by a machine. A machine disabled for this reason will be enabled again as soon as the problem has been resolved;

(7)   the machine owner or the machine operator has requested that the machine be disabled for any reason, such as relocation, upgrading, or repair; or

(8)   the bank account from which taxes are paid has insufficient funds to pay the entire tax due upon the due date.

(B)(1)   All persons who have notified the department of an ownership or lien interest in a machine shall be notified of a proceeding to revoke licenses that may result in disabling under this section. A licensee whose machine, and any part of the machine, is disabled for reasons in (A)(1), (A)(2), (A)(3), or (A)(4) shall not be licensed or permitted to operate in this State for five years from the date of revocation.

(2)   A machine, and any part of the machine, shall not operate in this State for five years from the date of revocation, if the machine is disabled for the reasons stated in:

(a)   subsection (A)(1)or (A)(4), if the machine owner and the person holding the establishment license are the same person; or

(b)   subsections (A) (2) or (A)(3).

(C)   All persons who have notified the department of an ownership interest in an establishment shall be notified of a proceeding to revoke licenses that may result in disabling under Section (A)(1). If machines are disabled at an establishment for the reason in (A)(1), the establishment may not operate, or allow the operation of, machines for five years from the date of the revocation or suspension.

Section 12-22-1080. The department, in its discretion, may approve, effective upon publication in the State Register, alternative technical provisions provided that the technology maintains the security, account information, and integrity of the machines, location controllers, and central computer monitoring system.

Section 12-22-1110. (A)(1) The department may issue licenses only to qualifying persons. Licenses may be issued only to a person who is a principal of the business seeking the license.

(2)   If the applicant for a license has more than one principal, the entity shall designate a principal of good moral character, over the age of twenty-one, and a resident of this State for two years, who is deemed the applicant under this article and in whose name the license must be held on behalf of the business. The business entity may substitute a principal if the individual is of good moral character, over the age of twenty-one, and a resident of this State for two years, upon notice in writing of the substitution to the department.

(B)   On a form provided by the department and in a manner provided by the department, the applicant for a license must provide detailed information regarding:

(1)   the ownership and management of the entity seeking the license, including the name, address, and social security number of each principal as defined in Section 12-22-10(22);

(2)   a detailed history and explanation of gambling activities and licenses in other jurisdictions of the applicant and all principals;

(3)   federal registration with respect to gambling devices;

(4)   the information compelled to be disclosed pursuant to this chapter;

(5)   licenses currently held pursuant to this chapter and those licenses held pursuant to Chapter 21 of Title 12 within one year of the date that the application is filed;

(6)   information that may be required by the department, such as voter registration, to prove the two-year residency requirement;

(7)   in the case of an application for a machine operator or establishment license, the street address and name of any business containing machines that are within a one hundred foot radius of where the applicant intends to locate its machines, if the address and name are reasonably ascertainable to the applicant; and

(8)   any other information deemed necessary by the department for the proper administration and enforcement of this chapter.

(C)   The department and the division are authorized to develop applications and other forms.

(D)   The forms must require the applicant to disclose any present or previous experience or involvement with machines as a manufacturer, distributor, machine owner, machine operator, technicians, or employees. Present or previous experience or involvement includes the control of gambling devices as a machine owner or machine operator; employment with the machine owner or machine operator gambling devices; employment in establishments where gambling is offered to the public; and conviction of violation of federal, state, or local gaming laws in any jurisdiction.

(E)   The applicant shall submit proof with the application that he does not owe any federal or state delinquent taxes, penalties, or interest.

(F)   As a condition of receiving a license under the provisions of this chapter, each licensee shall agree that the division, the department, and their agents and employees, shall have unrestricted access and the right to inspect any premises under the control of the licensee in which any activity relating to the provisions of this chapter is conducted.

(G)   An application which contains material omissions or misrepresentations is cause for denial, suspension, or revocation of a license and disabling of all machines of that licensee.

(H)   Failure to comply with a reasonable request of the department is grounds to deny or revoke a license.

Section 12-22-1120.   Each applicant shall immediately make available for inspection, by any department or division employee, all records and the establishments where machines are placed or operated, or where machines, devices, or equipment are manufactured, sold, serviced, or distributed.

Section 12-22-1130. (A)   The applicant shall file a duplicate application with the department. The department shall forward one of the applications to the division. The division shall return the background investigation to the department.

(B)   Unless the time requirements for issuing a license are waived by the applicant, the department must make its decision on whether to issue a license to the applicant not later than sixty days after the completion of the background investigation, including the fingerprint reviews, and the recommendation, if any, of the division, or not later than one hundred eighty days from the date a complete application is filed with the department, whichever occurs first. The department must inform each applicant of the department's decision.

(C)   The department shall determine whether the applicant owes any delinquent state taxes, fines, penalties, or interest.

(D)   The department may not issue any license until the background investigations are concluded. The department shall make affirmative determination that the applicant is qualified and the applicable license or associated fees have been paid before issuing any license.

(E)   The department shall notify the applicant by mail if an application is incomplete. The notification must be sent to the address on the application. The notification must state the deficiencies in the application. If after the second notice of an incomplete application the applicant has not responded, the department shall consider the application withdrawn.

Section 12-22-1140.   (A)   The division shall conduct background investigations on those persons associated with the operation of machines as provided in this chapter. A background investigation is defined as a security, criminal, and credit investigation of a principal connected to that business. The division shall conduct the investigations and inspections it considers necessary to fulfill its responsibilities under this chapter.

(B)   The division shall:

(1)   promptly and in a reasonable order, investigate all applications, enforce the provisions of this chapter, and provide to the department all information to allow the department to issue or deny the license;

(2)   provide the department with all information necessary for all actions under this chapter and for all proceedings involving enforcement of the provisions of this chapter or any regulations;

(3)   investigate violations under this chapter and any regulations;

(4)   conduct continuing review of machine operations through on-site observation and other reasonable means, to assure compliance with this chapter;

(5)   receive and take appropriate action on any referral from any law enforcement agency or the department relating to any evidence of a violation of this chapter and regulations;

(6)   exchange fingerprint data with, and receive criminal history information from, the Federal Bureau of Investigation or other law enforcement agencies; and

(7)   have the authority to request and receive information, materials, and any other data from any person.

(C)(1)   A person applying for a license or required under this article to undergo a criminal history background check shall undergo a state fingerprint review to be conducted by the division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The fingerprint reviews required by this subsection may be required upon subsequent applications.

(2)   When the applicant has principals it must disclose any information required by the department to obtain fingerprints and criminal background checks for the principals so that an applicant may not circumvent the purpose of this section.

(3)   Each applicant with submission of an application shall submit a valid fingerprint card for every principal of the business seeking to be licensed.

(4)   At the time of filing the application, the applicant must include certified checks for the fees imposed by the State Law Enforcement Division and the Federal Bureau of Investigation, respectively, for the purpose of conducting fingerprint reviews required by item (1) of this subsection.

(D)   In connection with the responsibilities under this chapter, the division or the department and their employees and agents may:

(1)   inspect and examine all establishments where machines are operated;

(2)   inspect and examine where machines or equipment are manufactured, sold, distributed, or serviced;

(3)   inspect all equipment and supplies in, about, upon, or around the establishment;

(4)   seize and remove from such establishments and impound any machines, equipment, or supplies for the purposes of examination and inspection;

(5)   inspect, examine, and audit all records pertaining to an applicant's operation; and

(6)   seize, impound or assume physical control of any book, record, ledger, machine, and boxes and their contents.

(E)   The division may obtain warrants for the inspection and seizure of any property possessed, controlled, or otherwise held by any applicant or principal.

(F)   The division may inspect any applicant or licensee for compliance with the provisions of this chapter and regulations and to investigate any violations.

Section 12-22-1150.   (A)   Investigations must be conducted on manufacturers, distributors, establishment owners, machine owners, machine operators, and their principals.

(B)   As a condition of receiving a license under the provisions of this chapter, each applicant and principal shall agree that the division and the department have unrestricted access and the right to inspect any premises under the control of the applicant or principal in which occurs any activity related to the provisions of this chapter.

(C)   Each applicant and principal, by signature of his application, grants the division the authority to access state, national, and international information for validation of information contained on the application. Any information found at the state, national, or international level which would prevent the applicant from obtaining any license required under this chapter must be used to do so.

(D)   Each applicant and principal shall cooperate with the division and the department in the performance of their duties.

Section 12-22-1160. (A)   The department shall deny a license if a background investigation of any applicant or principal of an applicant reveals any of the following:

(1)   a conviction within fifteen years before the date of the application in any jurisdiction for any of the following offenses:

(a)   any offense punishable by imprisonment for two or more years;

(b)   any gambling offense;

(c)   theft or any crime involving false statements or declarations;

(d)   a criminal offense involving fraudulent activity or defined as a fraud;

(2)   a determination of liability for, or an agreement that he was liable for, a civil judgment based in whole or in part upon conduct described in item (1) of this subsection;

(3)   omission of any material facts to the division or the department during initial or subsequent background investigations or a misstatement, or untrue statements, of material facts with respect to such investigation;

(4)   association with persons or businesses of known criminal background, or persons of disreputable character, that may adversely affect the general credibility, security, integrity, honesty, fairness, or reputation of the State or to the effective regulation of video poker;

(5)   failure to cooperate with any legislative investigative committees or other officially constituted body acting on behalf of the United States or any state, county, or municipality which seeks to investigate crimes related to gambling, corruption of public officials, or any organized criminal activities;

(6)   that the applicant owes any federal, state, or local delinquent taxes, penalties, or interest; or

(7)   except for a manufacturer, the applicant has not been a resident of the State for two years.

(B)   The applicant for a license required by this chapter, and all principals of the applicant, must file with the application a sworn statement, under penalties of perjury, affirming that:

(1)   the person is not attempting to obtain a license on behalf of any undisclosed person or entity;

(2)   the person is of good character, honesty, and integrity;

(3)   the person's prior activities, criminal record, if any, reputation, habits, and associations do not pose a threat to the public interest of this State or to the effective regulation and control of video gaming; and

(4)   all information provided in the application is true.

Section 12-22-1170. Distributors, principals, machine owners, and machine operators, and any other persons the division or the department considers necessary have an affirmative duty to maintain on file with the department and the division current and correct disclosure of all principals and all material facts required for licensure.

Section 12-22-1180. Each applicant shall bear all risks of unintentional adverse public notice, embarrassment, criticism, damages, or financial loss which may result from any disclosure or publication of any material or information obtained by the department or division pursuant to action on an application.

Section 12-22-1310. (A) A person who fails, neglects, or refuses to comply with the terms and provisions of this chapter or who fails to attach the required license to any machine or device, is subject to a penalty of two thousand five hundred dollars for each failure, and the penalty must be assessed and collected by the department. This penalty must be deposited in the same manner as other monies collected pursuant to this chapter.

(B)   With respect to any failure to comply with any provisions of this chapter occurring at a licensed establishment, the machine operator and the machine owner are both liable for any penalty and are both subject to revocation and suspensions as provided in this chapter.

Section 12-22-1320. (A) The department may revoke the licenses of establishments, machine owners, machine operators, and machines used in the establishment and impose a monetary penalty of not less than one thousand dollars and not more than ten thousand dollars on each of the owners of such licenses for each failure to comply with a provision of Section 12-22-710, or any provision of a regulation pertaining to Section 12-22-710.

(B)   Any establishment violating a provision of Section 12-22-710 or any provision of a regulation pertaining to Section 12-22-710 may have its privilege for operating or allowing the operation of video game machines suspended as follows:

(1)   upon the first violation, the privilege for operating or allowing the operation of machines is suspended for a period of up to six months;

(2)   upon the second violation, the privilege for operating or allowing the operation of machines is suspended for a period of up to one year;

(3)   upon the third or subsequent violation, the privilege for operating or allowing the operation of machines is suspended for a period of up to eighteen months.

(G)(1)   The department, upon a determination that the violation is willful, may refer the violation to the Attorney General or to the appropriate circuit solicitor for criminal prosecution, and, upon conviction, the person must be fined not more than ten thousand dollars or imprisoned not more than two years, or both.

(2)   Beginning on July 1, 2004, this subsection shall not apply to violations of Section 12-22-710(A)(1).

Section 12-22-1330. A person is guilty of a felony and, upon conviction, the person must be fined not more than twenty-five thousand dollars or imprisoned not more than five years, or both, if the person willfully:

(1)   tampers with a machine, location controller, or associated equipment with intent to interfere with its proper operation or the proper operation of the central computer monitoring system;

(2)   manipulates the outcome, payoff, or operation of a machine;

(3)   launders or knowingly allows another to launder money through one or more machines.

Section 12-22-1340. The following activities are additional civil violations of this chapter subject to the penalties in Section 12-22-1310:

(1)   tampering with a machine, location controller, or any other part, device, or system to interfere with its proper operation or the proper operation of the central computer monitoring system;

(2)   operating, or allowing the operation of, machines that are not connected to the central computer monitoring system in accordance with this chapter;

(3)   refusing or otherwise preventing the inspection or examination by the department, the division, or any law enforcement officer, of any establishment, and any premises used for the manufacture, distribution, or storage of machines within this State; and

(4)   refusing or otherwise preventing the examination by the department or division of revenue, payouts, or net machine income, records or equipment of any licensed or unlicensed machine owner, machine operator, manufacturer, distributor, or establishment.

Section 12-22-1350.   (A)   A person in possession of, or operating, or allowing the operation of a contraband machine or contraband device at any place within this State is subject to a civil penalty of not more than ten thousand dollars per machine or piece of associated equipment.

(B)   When the department or division deems it necessary in connection with subsection (A), it may require the owner of a machine, device, or associate equipment to obtain a certification from an approved testing laboratory that the machine or a game or associate equipment meets the standards and requirements of this chapter. The cost of this certification is the responsibility of the owner of the machine, device, or associated equipment.

(C)   Contraband machines, contraband devices, or contraband associate equipment may be seized by any law enforcement officer of the State or any of its political subdivisions who shall appear before any magistrate of the county in which the machine, device, or associated equipment was seized. If the magistrate is satisfied that the item is contraband, the magistrate shall direct that it be destroyed. The magistrate, at his discretion, may order an examination of the item, in person before the magistrate or by an approved testing laboratory, to assist in the determination as to whether the item is contraband.

Section 12-22-1360. Skimming of machine proceeds is the intentional excluding or the taking of any action in an attempt to exclude anything or its value from the deposit, counting, collection, or computation of revenues from machines. Whoever commits skimming of machine proceeds is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years, and must be fined not more than twenty-five thousand dollars, or both.

Section 12-22-1370.     No machine owner, manufacturer, distributor, machine operator, or any principal may have any financial interest whatsoever or any loans or business relationship with a testing laboratory or any contractual relationship with a testing laboratory except for a contract for the providing of testing services. Any person who violates the provisions of this section is guilty of a felony and upon conviction must be imprisoned for not more than ten years, and in addition may be fined not more than twenty-five thousand dollars.

Section 12-22-1380.     (A)   In addition to any other penalties, any machine or device not having attached thereto the required license, or which is improperly licensed, must be seized and confiscated by the department, its agents or employees, and sold at public auction after thirty days' advertisement. Upon payment of the license required, the department may, within its discretion, return any property so seized and confiscated and compromise any penalty assessed.

(B)   The owner or person from whom the property is seized may at any time within five days after the seizure repossess the property by filing with the department a bond in cash or a bond executed by a surety company authorized to do business in this State in double the amount of the tax and penalties due. Within ten days thereafter the person must bring action in a court of competent jurisdiction to have the seizure set aside; otherwise, the bond so filed must be declared forfeited by the department.

Section 12-22-1390. (A) When the department or the division is notified in writing that an establishment, owner or distributor is or has been in violation of this chapter and that one or more persons have notice or knowledge of a violation, the department or division shall have thirty days from the date of the receipt of the notice to initiate and enforcement action consistent with this chapter and Title 12.

(B) If the department or division affirmatively declines to act or fails to initiate an enforcement action for the violation within thirty days, the person or persons who have knowledge of the violation may serve written notice upon the department of their intention to file an a request for a proceeding to enforce the violations of the penalty provisions of this chapter in the name of the department or division.

(C) Within thirty days of the receipt of the notice from the person or persons with knowledge of the violation, the department or division shall forward the notice of intent to file a request for a proceeding to the Office of the Attorney General who shall determine:

(1) if the person or persons with knowledge of the violation has sufficient knowledge, expertise and experience to adequately represent the interests of the State, the department and the division in the action; and

(2) if the person or persons with knowledge of the violation are willing to advance all costs and expenses to be incurred in the proceeding.

(D) Upon written certification of Office of Attorney General that these conditions have been met, the person or persons with knowledge of the violation may proceed to commence a proceeding in the Administrative Law Judge Division under the Administrative Procedures Act.

(E) If the Office of the Attorney General denies certification or fails to act on a person's notice within thirty days of receipt, the person or persons with knowledge of a violation of this chapter may move to commence a proceeding before the Administrative Law Judge Division for enforcement of the penalty for the violation.

(F) If no recovery or common fund is recovered in the proceeding the person or persons with knowledge of a violation bears or bear sole responsibility for all costs and expenses incurred and the State bears no liability for reimbursement for any costs of litigation or attorneys fees. Any common fund recovered in the proceeding may go to reimburse actual costs and expenses incurred. The administrative law judge must set the legal fees in accordance with prevailing national standards for hourly attorney's fee rates. No contingency fees may be awarded as a percentage of any common funds recovered.

Section 12-22-1400.   Conspiring to subvert the provisions of this chapter is a conspiracy as defined and punished in Section 16-17-410.

Section 12-22-1410. Each violation or each day in violation of a provision of this chapter or any provision of a regulation pertaining to this chapter constitutes a separate offense.

Section 12-22-1420.   The penalties authorized by this chapter are effective immediately upon imposition and may not be stayed by any administrative or judicial action.

Section 12-22-1430.   In any action under this chapter, no person may raise as a defense that he acted on the advice of his certified public accountant, unless he proves that he supplied that accountant with a copy of this chapter and all relevant regulations.

Section 12-22-1510. Cash payouts are not permitted with respect to the games played on machines and other devices licensed under this article. The provisions of the other articles do not apply to the machines and devices licensed under this article.

Section 12-22-1520.   Every person required to obtain a license for any machine or device described in Section 12-22-1530 shall maintain records showing the manufacturer's serial number, model or type of machine, and the location of the machine. The taxpayer shall maintain information relating to the payment of any monies or compensation made to any persons as part of a lease or contractual agreement to operate the machine on the premises of the person. Information required by this section must be available on demand for inspection by a representative of the department.

Section 12-22-1530.   (A)   Every person who owns and operates, or places for use in another person's place or premises for a share of any revenue, one or more of the following machines or devices shall apply for and procure from the department a license effective for two years for the privilege of making use of the machine or device in this State. The person shall pay for the license a nonrefundable fee of fifty dollars for each machine or device in items (1) and (4), two hundred dollars for each machine or device in item (2), and two thousand dollars for each machine or device in item (3):

(1)   a machine for the playing of music or kiddy rides operated by a slot or mechanical amusement devices and juke boxes in which is deposited a coin or thing of value. A machine on which an admissions tax is imposed is exempt from the license provisions of this section;

(2)   a machine for the playing of amusements or video games, without free play feature, or machines of the crane type operated by a slot in which is deposited a coin or thing of value and a machine for the playing of games or amusements, which has a free play feature, operated by a slot in which is deposited a coin or thing of value, and the machine is of the nonpayout pin table type with levers or 'flippers' operated by the player by which the course of the balls may be altered or changed. A machine on which an admissions tax is imposed is exempt from the license provisions of this section;

(3)   a machine of the nonpayout type, in-line pin game operated by a slot in which is deposited a coin or thing of value except machines of the nonpayout pin table type with levers or 'flippers' operated by the player by which the course of the balls may be altered or changed;

(4)   billiard or pocket billiard table, foosball table, bowling lane table, or skeeball table operated for profit.

(B)   The license must be purchased in advance on or before the first day of June every two years or before making a machine available for play. All licenses expire May thirty-first the second year of which the license is valid following the date of issue.

(C)   Machines which have multiplayer stations must have a separate license for each such station.

(D)   As an alternative to the license required in subsection (A), a person may be granted a nonrefundable seasonal license beginning April first and expiring September thirtieth, following the date of issue, which must not be prorated. The fee for this six-month license is one-fourth the biennial license fee.

(E)   If the license required in subsection (A) is purchased after June thirtieth, the license fee must be prorated on a twenty-four month basis with each month representing one twenty-fourth of the license fee imposed under subsection (A).

(F)   Upon application being made for a license to operate any machine, the department may presume that the operation of the machine is lawful, but the issuance by the department of a license does not make lawful the operation of any machine which is unlawful under the laws of this State. When a license has been issued, the sum paid for the license must not be refunded notwithstanding that the operation of the machine or apparatus is prohibited.

(G)   Failure to obtain a license as required by this article makes the person liable for the penalties imposed in this article.

(H)   Every person who maintains for use, or permits the use, on any place or premises occupied by him, any devices subject to the license imposed by subsection (A) of this section must attach the proper state license to a permanent, nontransferable part of the machine before its operation is commenced.

Section 12-22-1540.   (A)   In addition to all other licenses required by this article, a person required to obtain a license for any machine or device described in Section 12-22-1530 shall obtain an owner's license biennially as follows:

(1)   fifty dollars for devices in Section 12-22-1530(A)(1) and (A)(4);

(2)   two hundred dollars for devices in Sections 12-22-1530(A)(2) and 12-22-1530(A)(3).

(B)   Only one license is required regardless of the number or type of devices owned or operated, and the cost of that license is the highest fee enumerated in this section for a device owned or operated.

(C)   The license may be purchased in advance on or before the first day of June every two years or before making a machine or device available for play. All licenses expire May thirty-first the second year of which the license is valid following the date of issue.

(D)   Failure to pay taxes to the State is grounds for the cancellation of the license provided in this section.

(E)   The provisions of this section do not apply to any person with a current and valid machine owner's license issued under Article 3 of this chapter.

Section 12-22-1550.   In lieu of the licenses required under Sections 12-22-1530 and 12-22-1540, the department may issue a temporary license to persons making application to operate machines or devices required to be licensed under this article at a recognized county or state fair. The temporary license fee is the total amount of license fees required on all machines or devices for which application is made, based upon one-twenty-fourth of the biennial license required under Sections 12-22-1530 and 12-22-1540. The license is valid for the specific location designated on the license and the number of machines for which application was made and expires when the designated fair officially ends.

Section 12-22-1560.   Machines or devices licensed pursuant to Section 12-22-1530(A)(1), (A)(2), and (A)(4) are not subject to confiscation for a violation of Section 16-19-30, 16-19-40, 16-19-50, or 16-19-130.

Section 12-22-1570.   A person who fails, neglects, or refuses to comply with the provisions of this article, or who fails to attach the required license to any machine or device as required under this article, is subject to a penalty of five hundred dollars for each failure, and the penalty may be assessed and collected by the department. This penalty may be deposited to the credit of the general fund of the State.

Section 12-22-1580. In addition to the penalties above provided, any machine, apparatus, billiard, or pocket billiard table not having attached thereto the required license, or which is improperly licensed, must be seized and confiscated by the department, its agents or employees, and sold at public auction after thirty days' advertisement. Upon payment of the license required, the department may, within its discretion, return any property so seized and confiscated and compromise any penalty assessed.

Section 12-22-1590.   Municipalities and counties may levy a license tax on the business tax taxed under this article but in no case may the tax exceed twenty-five dollars.

Section 12-22-1600.   Any person who owns or operates machines or devices described in Section 12-22-1530 must have attached to the machine or device information identifying the owner of the machine or device. The identification must be placed on an area of the machine or device which is visible for inspection purposes. This identification is a condition precedent must be attached before the machines or devices may be operated on location or in an establishment. Intentional or willful failure to comply with this requirement subjects the violator to the penalty and enforcement provisions of this chapter.

Section 12-22-1610.   If an unlicensed machine is seized by law enforcement as a prohibited machine under the laws of this State, the department shall assess a penalty equal to the amount of the license fee.

Section 12-22-1700. In accordance with this chapter, the department may set the standards for video game machines, modems, location controllers, software, hardware, the central computer monitoring system, and associated equipment. Failure to comply with these standards subjects the violator to the civil and criminal penalties, including fines, suspensions, and revocations established in this chapter including the provisions relating to the time such penalties apply without regard to stays. Until the department adopts such standards, the standards provided in Parts A through D of this section must apply and must be met before issuance of a license. The definitions provided in Section 12-22-10 apply for purposes of this section.

(A)   Each machine must be able to connect to a monitoring system via a serial communications port to a location controller meeting the requirements set forth by the department and using a communications protocol provided by the department or its designated agent.

(B)   Each machine must be capable of monitoring and storing the following items:

(1)   The cumulative total of the following for each twenty-four hour period, from 12:00 a.m. to 12:00 a.m., which may be recorded as a "snapshot" of the specified counters at the beginning and ending of each twenty-four hour period:

(a)   cash in, defined as money in dollars and cents;

(b)   credits purchased;

(c)   credits earned or won;

(d)   credits played;

(e)   credits paid;

(f)   cash paid.

(2)   The following security events and the time and date of such events:

(a)   game door open;

(b)   coin-bill/drop door open;

(c)   power off/on;

(d)   off line/on line to the location controller;

(e)   game control board access (logic area).

(C)   Each machine must contain Erasable Programmable Read Only Memory (EPROM) containing all game logic, and contain RAM (Random Access Memory) containing all counters and meters in electronic format, or such other technology as may later be designated by the department.

(D)   Each machine is not allowed to operate if it is not connected in on-line mode to a location controller meeting the requirements set forth by the department.

(E)   A machine must collect the data required in this chapter and communicate this information to a location controller for storage until requested by the central computer monitoring system. Each security event listed in this chapter may reflect a time and date stamp and the VGMID of the machine.

(F)   A machine automatically must disable itself if communication is lost from the location controller. A machine must store this event. A machine must report a disabling event to the location controller when communication is restored.

(G)   A machine must be capable of being disabled by the central computer monitoring system or the location controller.

(H)   A machine must be capable of being enabled by the central computer monitoring system or by location controller once it has been enabled by the central computer monitoring system.

(I)   A machine must be protected from unauthorized interference or tampering by any person or external device so as to not corrupt or suspend the communication signals or transmitted data required for the proper functioning of the machine and the associated location controller.

(J)   Each machine must have a surge protector installed on the line that feeds power to the machine and must meet the requirements of the department.

(A)   A machine must have electrical and mechanical parts and design principles that do not subject a player to physical hazards.

(B)   A machine must have a battery backup or an equivalent for the electronic meters and be capable of maintaining accurate information required by law and regulation for one hundred eighty days after power is discontinued from the machine. The backup device must be kept within the locked logic board compartment of the machine.

(C)   A machine must have an on/off switch that controls the electrical current used in the operation of the machine and must be in an accessible place within the interior of the machine.

(D)   The operation of each machine must not be adversely affected by static discharge or other electromagnetic interference.

(E)   Each machine must have one coin acceptor, either electronic or mechanical, one bill acceptor, either electronic or mechanical, or one of each. Approval letters and test reports of the coin and bill acceptors from other state or federal jurisdictions must be submitted to the department. All coin and bill acceptors are subject to approval by the department.

(F)   The internal space of a machine must not be readily accessible when the front door is closed or sealed.

(G)   Logic boards and software EPROMs and RAM must be in a separate, locked and sealed area within the machine and must only be accessible only in accordance with guidelines established by the department. The area must be sealed by, and accessible to, the division.

(H)   The cash and coin compartment must be contained in a locked area within or attached to the machine. This compartment must be accessible by the machine owner or machine operator.

(I)   No switches of any kind, to include but not limited to hardware and software switches, must be installed that alter the pay tables or payout percentages in the operation of a game below the minimum payback of ninety percent, within standard rounding, in which the theoretical payout percentage is determined using standard methods of probability theory. Switches or other devices may be installed to control graphic routines, speed of play, and sound.

(J)   A single printing mechanism must be capable of printing an original ticket and retaining an exact, legible copy within the machine. The ticket must record the number of credits, the value of the credit, and a validation number, when credits accrued are printed on a ticket for validation.

(K)   The printed ticket is the only allowable method for issuing payouts. Hoppers are prohibited.

(L)   A clearly visible identification plate must appear on the front exterior of the machine that contains the manufacturer, the manufacturer's serial number, the model number, the VGMID, and the name of the machine owner. This plate must not be removed. This identification is a condition precedent before the machines may be operated on location. Failure to comply with this requirement subjects the violator to the penalty and enforcement provisions of Chapter 22 of Title 12 of the 1976 Code including the provision of Section 12-22-1380 relating to the time such penalties apply without regard to stays.

(M)   Equipment must be installed in a manner that enables a machine to communicate with the department's central computer monitoring system via the location controller using a communications protocol provided to each manufacturer of machines and location controllers provided by the department or its designated agent.

(A)   Each machine must maintain electronic accounting meters at all times, regardless of whether the machine is being supplied with power. Each meter must be capable of maintaining totals no less than eight digits in length for the information required by the law and by regulation of the department.

(B)   Electronic meters must record the cumulative total of cash in, credits purchased, credits paid, credits earned/won, cash paid, and credits played, per each twenty-four hour period, from 12:00 a.m. to 12:00 a.m. This information may be recorded as a snapshot of the specified counters at the beginning and ending of each twenty-four hour period.

(C)   Electronic meters also must record security events, with the time and dates, to include game door open, coin-bill/drop door open, power off/on, off line/on line to the location controller, and game control board access.

(D)   No machine may have a mechanism that an error will cause the electronic accounting meters to automatically clear. Clearing of the electronic accounting meters may be completed only after notification and approval by the department and supervised by the division.

(E)   Each machine must have a random number generator that determines the occurrence of a specific card or a specific number to be displayed on the video screen. A selection process is considered random if it meets all the following requirements:

(1)   each card position or each number position satisfies the ninety-nine percent confidence limit using the standard chi-squared analysis;

(2)   each card or number position does not produce a significant statistic with regard to producing patterns of occurrences. Each card or number position is considered random if it meets the ninety-nine percent confidence level with regard to the runs test or any similar pattern testing statistic;

(3)   each card or number position is independently chosen without regard to any other card or number drawn within that game play. This test is the "correlation test". Each pair of card or number positions is considered random if they meet the ninety-nine percent confidence level using standard correlation analysis; and

(4)   each card or number position meets the serial correlation test, meaning that it is independently chosen without reference to the same card or number position in the previous game. Each card or number position is considered random if it meets the ninety-nine percent confidence level using standard serial correlation analysis.

(F)   All costs associated with the machines, to include upgrades or retrofits, in order for such machines to meet the requirements of the laws and regulations of this State are the responsibility of the machine owner.

(A)   For purposes of this part, multiplayer units are divided into two general groups:

(1)   units that share some common components (Group I); and

(2)   units that share most components (Group II).

(B)   Group I and Group II units are based on the common principal that they both try to accurately mimic live table play. Both groups may consist of a number of player stations, generally either three or five player units per machine, and some type of dealer display. Both groups of games allow the players to wager on the next hand to be played and the object of the game, and the payout table is based on the player beating the dealer's hand. The player stations and dealer draw from a common deck of cards. Neither of these groups contains any program routines that allow the player or device to gain an unfair advantage or to cheat the device or player.

(C)   Group I and Group II units share common elements. The following define the difference in the two groups of multiplayer units:

(1)   Group I Units: Group I units have individual logic boards containing player station EPROMs and RAM containing all meter and event information for the individual station, as well as master logic boards in the dealer station containing master meters and the random number generation software used commonly by all of the player stations.

(2)   Group II Units: Group II units often do not have any game or logic boards in the individual player stations. The program and game memory are stored in the dealer's station. The player's stations are generally "Dumb Terminals" containing player input buttons and coin or bill acceptors. This group of terminals sends and receives all information directly from the dealer's station. Generally, these stations do not have separate power switches. All electrical leads are fed from the dealer's station to the individual player's station and all game display information is shown on the common video display. The dealer's station controls the operation of the game including the random number generator, all meter information, all display functions, all communications with the central system, all event detection and storage logic, and all processor units and EPROMs used for the game. Individual terminals are not in "direct" communication with the central system, but rather use the dealer's station as a "head of string" device for each of the individual stations. The dealer's station contains all individual station meters as well as master meters for the entire group.

(D)   A multiplayer unit must be handled in one of two ways, depending on whether it is a Group I machine or a Group II machine. Implementation of either method does not require modifications of the communications protocol or operational changes for either the department or the individual locations. Both methods may be handled entirely in the program code of the individual machines.

(1)   Group I unit stations as described above must be wired as if they are separate machines. Each player station must have an optical connection and each station is responsible for its own communications. All meter and event data must be stored on the individual stations and be transmitted to the system on demand. EPROM signature calculations must include the dealer's station code, but each station must perform individual calculations and transmit the results independently of each other. All security, accounting, cash ticket, and event reporting functions must be supported in full.

(2)   Group II games must be set up with a dedicated phone line and location controller in the same manner as every other licensed establishment in the State. The fiber optics must leave the location controller and go directly to the dealer's station and then back to the location controller. All communications must be sent from the central system and the site controller exactly as detailed in the communications protocol. The dealer's station is responsible for handling all of the communications for the player stations. If the system asked for meters for station number one, the dealer's station is responsible for collecting and sending that data to the central system. The central system must behave exactly as if there are five separate machines. EPROM signature calculations must be performed over the dealer's station program code and transmitted back five times just as if there are five machines all running the same game code. All security, accounting, cash ticket, and event reporting functions must be supported in full.

(E)   The department may handle on an individual basis, any type of multiplayer units that does not fit in either category Group I or Group II. Other multiplayer units are required to meet all applicable programming, communications, and security rules and regulations.

SECTION   11.   Section 12-54-40(H) of the 1976 Code is amended to read:

"(H)     A person who:

(1)   must obtain a license or purchase stamps for identification purposes, and who fails to obtain or display the license properly, or fails to affix the stamps properly; or

(2)   to must comply with statutory provisions and fails to do so, is subject to a penalty of not less than fifty dollars nor more than five hundred dollars for each failure. For failure to obtain or display a license as prescribed in Sections 12-21-2720 and 12-21-2730 12-22-320, the penalty is fifty two hundred dollars for each failure to comply."

SECTION   12.   Section 12-54-40(M) of the 1976 Code is amended to read:

"(M)   A machine owner or distributor, as defined in Article 20, Chapter 21 of this title, who allows or causes a machine to be operated without a metering device, or who wilfully places a machine on location or who wilfully allows or causes a machine to be operated with a metering device that does not accurately record the information required under Article 20, Chapter 21 of this title is guilty of a felony and, upon conviction, must be imprisoned for not less than one year nor more than ten years, without benefit of probation, parole, or suspension of sentence, and in addition may be fined not more than twenty-five thousand dollars. A machine owner or distributor, as defined in Chapter 22 of this title, who willfully places a machine on location, or who willfully allows or causes a machine to be operated, that does not accurately record the information required under Chapter 22 of this title is guilty of a felony and, upon conviction, must be imprisoned for not less than one year nor more than ten years, without benefit of probation, parole, or suspension of sentence, and in addition may be fined not more than twenty-five thousand dollars."

SECTION   13.   Section 16-19-60 of the 1976 Code is amended to read:

"Section 16-19-60. Nothing in Section 16-19-40 or 16-19-50 shall extend to coin-operated nonpayout machines with a free play feature; provided, that nothing herein shall authorize the licensing, possession, or operation of any machine which disburses money to the player. Nothing in this section prohibits regulation of video games pursuant to Article 20, Chapter 21 of Title 12, the Video Games Machines Act, including the prohibition on payoffs and location of these machines in counties where such payouts and machines are prohibited under the local option provisions of that article."

SECTION   14.   Chapter 19, Title 16 of the 1976 Code is amended by adding:

"Section 16-19-65.     (A)   It is unlawful for any person to keep or operate on his premises or permit to be kept or operated on his premises within this State any vending or slot machine, punch board, pull board, or other device pertaining to games or chance of whatever name or kind, including those machines, boards, or other devices that display different pictures, words, or symbols, at different plays or different numbers, whether in words or figures or, which deposit tokens or coins at regular intervals or in varying numbers to the player or in the machine, but the provisions of this section do not extend to coin-operated nonpayout pin tables, in-line pin games, and video games with free play feature which meet the technical requirements provided for in Article 9, Chapter 22 of Title 12, or to automatic weighing, measuring, musical, and vending machines which are constructed as to give a certain uniform and fair return in value for each coin deposited and in which there is no element of chance.

(B)   Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for a period of not more than one year, or both.

(C)   Any vending or slot machine, punch board, or other device pertaining to games of chance prohibited by this section must be seized by any law enforcement officer and at once taken before any magistrate of the county in which the machine, board, or device is seized who shall immediately examine it, and if satisfied that it is in violation of this section or any other law of this State, shall direct that it be immediately destroyed.

Section 16-19-66.   (A)   It is unlawful for a person to operate, cause to operate, or attempt to operate an automatic vending machine, slot machine, coin-box telephone, or other receptacle designed to receive lawful coin of the United States of America in connection with the sale, use, or enjoyment of property or service by means of a slug or any false, counterfeited, mutilated, sweated, or foreign coin, or by any means not lawfully authorized by the owner, lessee, or licensee of the receptacle.

(B)   It is unlawful for a person to take, obtain, or receive from or in connection with any receptacle designed to receive lawful coin of the United States of America in connection with the sale, use, or enjoyment of property or service any goods, wares, merchandise, gas, electric current, or other article of value or the use or enjoyment of any telephone or telegraph facilities, or service, or of any musical instrument, phonograph, or other property, without depositing in and surrendering to the receptacle lawful coin of the United States of America in the amount required by the owner, lessee, or licensee of the receptacle.

(C)   A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than two years.

Section 16-19-67.   A person who, with intent to cheat or defraud the owner, lessee, licensee, or other person entitled to the content of an automatic vending machine, slot machine, coin-box telephone, or other receptacle, depository, or contrivance designed to receive lawful coin or currency of the United States of America in connection with the sale, use, or enjoyment of property or service or who, knowing that the same is intended for unlawful use, manufactures for sale, or sells or gives away any slug, device, or substance intended or calculated to be placed or deposited in the automatic vending machine, slot machine, coin-box telephone, or other receptacle, depository, or contrivance is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years."

SECTION   15.   Sub-item (3) of Section 61-4-580 of the 1976 Code is amended to read:

"(3)   permit gambling or games of chance which is not authorized by Chapter 22 of Title 12."

SECTION   16.   (A)   The provisions of Chapter 22, Title 12 as added by this act apply to any and all licenses to be issued on or after December 1, 1999.

(B)(1)   By January 31, 2000, a person who is licensed pursuant to Section 12-21-2728(A)(3) on November 30, 1999, for a license period which expires on May 31, 2000, shall apply for a new license to be issued in accordance with Chapter 22, Title 12. The person may continue to do business under the license issued under Section 12-21-2728(A)(3) until the Department of Revenue makes a determination regarding whether the person should be licensed under the provisions of Chapter 22, Title 12.

(2)(a)   Upon a favorable licensing determination, the department shall issue a new license with an expiration date in the year 2002 established in accordance with the provisions of Section 12-22-320(D).

(b)   The license fees shall be prorated based upon the expiration date for the new license and any unused portion of the license fee for the license which expires on May 31, 2000 shall be applied towards payment of the fee for the new license.

(C)(1)   By July 31, 2000, a person who is licensed pursuant to Section 12-21-2728(A)(3) on November 30, 1999, for a license period which expires on May 31, 2001, shall apply for a new license to be issued in accordance with Chapter 22, Title 12. The person may continue to do business under the license issued under Section 12-21-2728(A)(3) until the Department of Revenue makes a determination regarding whether the person should be licensed under the provisions of Chapter 22, Title 12.

(2)(a)   Upon a favorable licensing determination, the department shall issue a new license with an expiration date in the year 2003 established in accordance with the provisions of Section 12-22-320(D).

(b)   The license fees shall be prorated based upon the expiration date for the new license and any unused portion of the license fee for the license which expires on May 31, 2001 shall be applied towards payment of the fee for the new license.

(3)   Upon an unfavorable licensing determination, the department shall revoke the license issued pursuant to Section 12-21-2728(A)(3) and shall issue a prorated refund to the person for the remainder of the license period.

(D)   By December 31, 1999, a person who is required to be licensed as a machine operator and who is engaged in business at a location that is licensed pursuant to Chapter 36, Title 12 on November 30, 1999, shall apply for a machine operator's license issued pursuant to the provisions of Chapter 22, Title 12.

(E)   By December 31, 1999, a person who is required to be licensed as a machine operator shall apply for an establishment license issued pursuant to the provisions of Chapter 22, Title 12 for a location that is licensed pursuant to Chapter 36, Title 12 on November 30, 1999.

(F)   A machine license issued pursuant to Section 12-22-21-2720(A)(3) shall continue in effect until the expiration of the original license period provided a machine must meet all requirements imposed by Chapter 22 of Title 12 when these requirements take effect.

(G) The department, at its discretion and for the efficient administration of the law, may prorate licenses in any manner to implement or change the expiration date established in this section and to stagger the issuances of the licenses by county or by any other method considered appropriate by the department.

SECTION   17.   A.   The application of Articles 19 and 20, Chapter 21, Title 12 is suspended prospectively, except as provided in Section 16. To the extent that regulations promulgated pursuant to the authority of Articles 19 and 20, Chapter 21, Title 12 are not inconsistent with Section 10, those regulations remain in effect until and unless otherwise modified or repealed pursuant to the Administrative Procedures Act.

B.   Articles 19 and 20, Chapter 21, Title 12 are repealed effective December 31, 2000.

SECTION   18.   Article 1, Chapter 1, Title 32 of the 1976 Code is amended by adding:

"Section 32-1-60.   Beginning on the effective date of this section, the provisions of Sections 32-1-10, 32-1-20, and 32-1-30 apply only to those gambling activities not authorized by law.

SECTION   19.   Article 20, Chapter 21, Title 12 of the 1976 Code is amended by adding:

"Section 12-21-2805. (A) When the department or the division is notified in writing that an establishment, owner or distributor is or has been in violation of this article or article 19 of this chapter and that one or more persons have notice or knowledge of a violation, the department or division shall have thirty days from the date of the receipt of the notice to initiate and enforcement action consistent with this chapter and Title 12.

(B) If the department or division affirmatively declines to act or fails to initiate an enforcement action for the violation within thirty days, the person or persons who have knowledge of the violation may serve written notice upon the department of their intention to file an a request for a proceeding to enforce the violations of the penalty provisions of this chapter in the name of the department or division.

(C) Within thirty days of the receipt of the notice from the person or persons with knowledge of the violation, the department or division shall forward the notice of intent to file a request for a proceeding to the Office of the Attorney General who shall determine:

(1) if the person or persons with knowledge of the violation has sufficient knowledge, expertise and experience to adequately represent the interests of the State, the department and the division in the action; and

(2) if the person or persons with knowledge of the violation are willing to advance all costs and expenses to be incurred in the proceeding.

(D) Upon written certification of Office of Attorney General that these conditions have been met, the person or persons with knowledge of the violation may proceed to commence a proceeding in the Administrative Law Judge Division under the Administrative Procedures Act.

(E) If the Office of the Attorney General denies certification or fails to act on a person's notice within thirty days of receipt, the person or persons with knowledge of a violation of this chapter may move to commence a proceeding before the Administrative Law Judge Division for enforcement of the penalty for the violation.

(F) If no recovery or common fund is recovered in the proceeding the person or persons with knowledge of a violation bears or bear sole responsibility for all costs and expenses incurred and the State bears no liability for reimbursement for any costs of litigation or attorneys fees. Any common fund recovered in the proceeding may go to reimburse actual costs and expenses incurred. The administrative law judge must set the legal fees in accordance with prevailing national standards for hourly attorney's fee rates. No contingency fees may be awarded as a percentage of any common funds recovered.

SECTION   20.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this chapter, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION   21.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION   22.   (A) It is the intent of the General Assembly in providing for the statewide referendum required by this act to allow an affirmative vote of the qualified electors of this State to serve as a trigger for the operation of an effective clause, as contained in this act, duly passed by the General Assembly. The result of the referendum is a contingency that is certain, based on the result of a referendum, and will thereby cause some parts of this act to take effect and others not to take effect. All provisions in this act are enactments of the General Assembly that meet the formalities of an act required under Article III of the Constitution of this State which provides for the legislative power in the government of this State. While Article III does not provide for a referendum as part of the legislative process, neither does it prohibit a referendum in which the result is a certain contingency that determines which parts of an act take effect. As the legislative power of the General Assembly is limited only by that which is specifically prohibited in the Constitution of this State and the Constitution of the United States, the General Assembly finds that the referendum required pursuant to this act is a valid exercise of the legislative power of this State.

(B) The General Assembly by enactment of this act has no intent to enact any provision allowed by 15 U.S.C. 1175, commonly referred to as the Johnson Act, or to create any state enactment authorized by the Johnson Act.

(C) It is the intent of the General Assembly that the provisions of this act shall not be construed to:

(1) affect any pending lawsuit, as prescribed in SECTION 21; or

(2) affect any provision of current law, unless or until it is specifically modified or expressly repealed as provided in this act.

SECTION   23.   Upon approval by the Governor, this act shall take effect in the following manner:

(A)   Parts II, IV, V, and VI take effect upon approval by the Governor;

(B)   Article 9 of Chapter 22, Title 12, as added in PART III, SECTION 10, takes effect July 1, 1999 except that Sections 12-22-1020 and 12-22-1030 take effect when the remaining provisions of PART III take effect as provided in subsection (E). If the remaining provisions of PART III do not take effect as provided in subsection (E), then Article 9 of Chapter 22, Title 12 is repealed on the date that the State Board of Canvassers certifies a majority "no" vote in the referendum provided in Part II of this act. Section 12-22-740, as added in Part III, SECTION 10, takes effect June 1, 1999. If the remaining provisions of Part III do not take effect, then Section 12-22-740 is repealed on the date that the State Board of Canvassers certifies a majority "no" vote in the referendum provided in Part II of this act;

(C)   Part I takes effect July 1, 2000;

(D)   If Part I takes effect, the South Carolina Department of Revenue, upon application, shall refund to any person holding a license for the operation of video game machines, on a pro rata basis, the portion of any license fee previously paid to the department for licenses that extend beyond June 30, 2000;

(E)   If the State Board of Canvassers certifies a majority "yes" vote in the referendum provided in Part II of this act, then Part I does not take effect, and the remaining provisions of Part III take effect on December 1, 1999 and SECTION 19 OF PART IV is repealed, except that the provisions of SECTION 21 shall apply to any pending civil actions brought under Section 12-21-2805. /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

The PRESIDENT appointed Senators PATTERSON, ANDERSON, CORK, BRANTON and BAUER to inform the House that the Senate had completed its business and was ready to adjourn Sine Die.

The PRESIDENT appointed Senators DRUMMOND, LEATHERMAN, FORD, HAYES and COURSON to inform the Governor that the Senate had completed its business and was ready to adjourn Sine Die.

Representatives Campsen, J. Brown and Hinson appeared in the Chamber to inform the Senate that the House of Representatives had completed its business and was ready to adjourn Sine Die.

At 12:25 P.M., on motion of Senator MOORE, the Senate receded from business subject to the call of the Chair.

At 1:25 P.M., the Senate resumed.

Senator DRUMMOND addressed brief remarks to the Senate.

Pursuant to Rule 43, Senator McCONNELL noted a motion to suspend and/or amend all or portions of Rules 14, 22, 26, 32, 33, 37, 39 and 47 of the Senate Rules at the next convening of the Senate.

Senator MOORE moved that it be the Sense of the Senate that, if the General Assembly is called back into Special Session by the Governor, each member will waive the $260 per day Special Session compensation.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on June 24, 1999, at 1:40 P.M., and the following Acts and Joint Resolutions were ratified:

(R177, S. 7 (Word version)) -- Senators Short, Leventis, McGill, Glover, Washington, Reese and Setzler: AN ACT TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 74 SO AS TO ENACT THE "MEDICAL RADIATION HEALTH AND SAFETY ACT" WHICH REQUIRES CERTIFICATION BY THE SOUTH CAROLINA RADIATION QUALITY STANDARDS ASSOCIATION TO USE IONIZING RADIATION OR EQUIPMENT EMITTING OR DETECTING IONIZING RADIATION ON HUMANS FOR DIAGNOSTIC OR THERAPEUTIC PURPOSES, TO ALSO REQUIRE SUPERVISION AND THE PRESCRIPTION OF A LICENSED PRACTITIONER TO ENGAGE IN SUCH USE AND TO PROVIDE EXCEPTIONS; TO REQUIRE THE SOUTH CAROLINA RADIATION QUALITY STANDARDS ASSOCIATION TO REGISTER WITH THE SECRETARY OF STATE'S OFFICE AND TO BE RECOGNIZED AS A TAX EXEMPT ORGANIZATION UNDER 501(C) OF THE INTERNAL REVENUE CODE; TO PRESCRIBE BOARD MEMBERSHIP AND AUTHORITY; TO PROVIDE FOR CERTIFICATION OF CERTAIN X-RAY TECHNICIANS WITHOUT EXAMINATION AND FOR CERTIFICATION BY EXAMINATION FOR OTHERS; TO REQUIRE THE SOUTH CAROLINA PODIATRIC MEDICAL ASSOCIATION TO SUBMIT TO THE SOUTH CAROLINA RADIATION QUALITY STANDARDS ASSOCIATION FOR APPROVAL A PODIATRIC LIMITED PRACTICE RADIOGRAPHER CERTIFICATION EXAMINATION; AND TO PROVIDE THAT ALL ORDERS FOR MEDICATION DISPENSED OR TREATMENT PROVIDED IN A HOSPITAL TO BE AUTHENTICATED ACCORDING TO HOSPITAL POLICY, TO PRESCRIBE WHOM MAY TAKE SUCH ORDERS AND IN WHAT FORM, AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS CONSISTENT WITH THIS PROVISION.
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(R178, S. 11 (Word version)) -- Senators Drummond, Elliott, Leventis, Rankin, Reese and Short: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ESTABLISH A NEW CLASS OF PROPERTY CONSISTING OF PERSONAL MOTOR VEHICLES WHICH MUST BE TITLED BY A STATE OR FEDERAL AGENCY AND LIMITED TO PASSENGER MOTOR VEHICLES AND PICKUP TRUCKS AS DEFINED BY LAW ASSESSED FOR PROPERTY TAX AT NINE AND SEVENTY-FIVE HUNDREDTHS PERCENT OF FAIR MARKET VALUE REDUCED IN ANNUAL INCREMENTS OF SEVENTY-FIVE HUNDREDTH OF ONE PERCENT OVER SIX YEARS TO A PERMANENT RATE OF SIX PERCENT OF FAIR MARKET VALUE AND TO PROVIDE THAT THESE REVISED ASSESSMENT RATIOS AND THE NEW CLASS OF PROPERTY APPLIES FOR PROPERTY TAX YEARS BEGINNING AFTER 2001 OR IN EARLIER TAX YEARS AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
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(R179, S. 311 (Word version)) -- Senator Martin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-52-95 SO AS TO PROVIDE THAT THE SCHOOL TO WORK ADVISORY COUNCIL SHALL REPORT TO THE HOUSE EDUCATION AND PUBLIC WORKS COMMITTEE AND THE SENATE EDUCATION COMMITTEE BY JANUARY 1, 2000, AS TO THE PROGRESS MADE IN ESTABLISHING THE SCHOOL-TO-WORK SYSTEM, DIFFICULTIES ENCOUNTERED, AND ANY ACTIONS REQUIRED BY THE GENERAL ASSEMBLY TO ENSURE SUCCESS OF THE SYSTEM; TO PROVIDE THAT NO STATE FUNDS SHALL BE EXPENDED TO SUPPORT THE CONTINUATION OF THE ADVISORY COUNCIL, AND THE ADVISORY COUNCIL SHALL TERMINATE ON DECEMBER 1, 2004; AND TO AMEND SECTION 59-52-90, RELATING TO THE SCHOOL TO WORK ADVISORY COUNCIL AND OTHER RELATED MATTERS, SO AS TO DELETE REFERENCES TO THE ADVISORY COUNCIL EFFECTIVE DECEMBER 1, 2004.
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(R180, S. 373 (Word version)) -- Senator Holland: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-25 SO AS TO DEFINE THE WORD "RESIDENT" FOR VOTING PURPOSES; TO AMEND SECTION 7-5-230, RELATING TO BOARDS OF REGISTRATION, SO AS TO PROVIDE A PROCEDURE FOR THE CHALLENGING OF THE QUALIFICATIONS OF AN ELECTOR; BY ADDING SECTION 7-5-325 SO AS TO PROVIDE THAT WRITTEN NOTIFICATION OF A CHANGE OF ADDRESS IS DEEMED GIVEN UNDER OATH; TO AMEND SECTION 7-13-1330, RELATING TO THE APPROVAL OF VOTE RECORDERS BY THE STATE ELECTION COMMISSION, SO AS TO INCLUDE AN OPTICAL SCAN VOTING SYSTEM WITHIN THE MEANING OF VOTE RECORDER, PROVIDE THAT NO VOTE RECORDER OR OPTICAL SCAN VOTING SYSTEM MAY BE APPROVED FOR USE BY THE STATE UNLESS CERTIFIED BY AN ACCREDITED NATIONAL TESTING AUTHORITY AND THE STATE ELECTION COMMISSION AS MEETING CERTAIN STANDARDS, PROVIDE A PROCEDURE TO FOLLOW FOR A PERSON OR COMPANY SEEKING APPROVAL OF A VOTE RECORDER OR OPTICAL SCAN SYSTEM, PROVIDE FOR A PROCEDURE FOR THE DECERTIFICATION OF A VOTE RECORDER OR OPTICAL SCAN VOTING SYSTEM BY THE COMMISSION; TO AMEND SECTION 7-13-1340, RELATING TO THE REQUIREMENTS FOR VOTE RECORDERS, SO AS TO REQUIRE A VOTING SYSTEM TO BE ABLE TO ELECTRONICALLY TRANSMIT VOTE TOTALS FOR ALL ELECTIONS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-1620, RELATING TO THE EXAMINATION AND APPROVAL OF VOTING MACHINES BY THE BOARD OF STATE CANVASSERS, SO AS TO ESTABLISH A PROCEDURE FOR THE APPROVAL OF A VOTING MACHINE BY THE STATE ELECTION COMMISSION BEFORE IT MAY BE USED IN AN ELECTION AND PROVIDE FOR A PROCEDURE FOR THE DECERTIFICATION OF A VOTING MACHINE; TO AMEND SECTION 7-13-1640, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO REQUIRE A VOTING SYSTEM TO BE ABLE TO ELECTRONICALLY TRANSMIT VOTE TOTALS FOR ALL ELECTIONS TO THE STATE ELECTION COMMISSION; AND TO REPEAL SECTION 7-13-1630 RELATING TO THE EMPLOYMENT OF EXPERTS TO ASSIST IN EXAMINATION OF A VOTING MACHINE.
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(R181, S. 403 (Word version)) -- Senators Courtney, Short, Moore and Washington: AN ACT TO AMEND SECTION 20-7-767, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING CHILDREN IN FOSTER CARE, SO AS TO REVISE THE DUTIES CONCERNING CONDUCTING VISITS WITH FOSTER CHILDREN AND CONDUCTING INTERVIEWS OF FOSTER FAMILIES; TO REQUIRE DEPARTMENT PERSONNEL TO TAKE REASONABLE STEPS TO ASSURE COMPLIANCE WITH THIS SECTION, AND TO STATE THE DUTIES OF FOSTER PARENTS UNDER THIS SECTION; TO AMEND SECTION 20-7-764, AS AMENDED, RELATING TO APPROVAL OR AMENDMENT OF A PLACEMENT PLAN AFTER REMOVAL OF A CHILD, SO AS TO PROVIDE CIRCUMSTANCES FOR THE COURT TO CONSIDER WHEN DETERMINING WHETHER TO DISCLOSE IN THE PLAN THE LOCATION OF THE CHILD'S PLACEMENT; TO ADD SECTION 20-7-775 SO AS TO REQUIRE THE DEPARTMENT TO DISCLOSE CERTAIN INFORMATION REGARDING THE CHILD TO THE FOSTER PARENTS; TO AMEND SECTION 19-1-180, AS AMENDED, RELATING TO THE ADMISSIBILITY OF OUT-OF-COURT STATEMENTS BY CERTAIN CHILDREN, SO AS TO EXPAND THE ADMISSIBILITY OF THESE STATEMENTS TO INCLUDE CHILDREN WHO FUNCTION COGNITIVELY, ADAPTIVELY, OR DEVELOPMENTALLY UNDER AGE TWELVE; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO HEAR AND DETERMINE ACTIONS CONCERNING CONTROL OF A MINOR, INCLUDING GUARDIANSHIP OF A MINOR; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS USED IN ARTICLE 7, CHAPTER 7, TITLE 20, SO AS TO ALSO APPLY THESE DEFINITIONS TO OTHER ARTICLES IN THE CHILDREN'S CODE; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE A MANDATED REPORTER TO REPORT TO LAW ENFORCEMENT IF THE PERPETRATOR IS NOT A "PERSON RESPONSIBLE FOR A CHILD'S WELFARE" AND TO PROVIDE REPORTING AND CONFIDENTIALITY PROVISIONS FOR EXCHANGE OF REPORTER INFORMATION BETWEEN THE DEPARTMENT AND LAW ENFORCEMENT AGENCIES; TO AMEND SECTION 20-7-540, AS AMENDED, RELATING TO IMMUNITY FROM LIABILITY FOR REPORTING ABUSE AND NEGLECT, SO AS TO EXPAND THE IMMUNITY TO PERSONS WHO PARTICIPATE IN AN INVESTIGATION OF ABUSE OR NEGLECT AND TO EXTEND THE IMMUNITY TO INCLUDE FULL DISCLOSURE OF THE FACTS; TO AMEND SECTION 20-7-545, AS AMENDED, RELATING TO IMMUNITY OF THE DEPARTMENT OF SOCIAL SERVICES PERSONNEL FROM LIABILITY FOR PERFORMING CHILD PROTECTIVE SERVICES OR CHILD WELFARE FUNCTIONS, SO AS TO ALSO INCLUDE CONTRACT EMPLOYEES; TO AMEND SECTION 20-7-610, AS AMENDED, RELATING TO EMERGENCY PROTECTIVE CUSTODY PROCEDURES, SO AS TO REVISE CERTAIN PROBABLE CAUSE HEARING PROCEDURES; TO AMEND SECTION 20-7-618 RELATING TO DETAINMENT OF ABUSED OR NEGLECTED CHILDREN BY MEDICAL PROFESSIONALS WITHOUT PARENTAL CONSENT, SO AS TO CLARIFY THAT SUCH DETAINMENT IS NOT KEEPING A CHILD IN EMERGENCY PHYSICAL CUSTODY; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THAT THE DEPARTMENT IS NOT REQUIRED TO BEGIN AN INVESTIGATION WITHIN TWENTY-FOUR HOURS OF A CHILD'S DEATH DUE TO ABUSE OR NEGLECT UNLESS OTHER CHILDREN ARE IN THE HOME OR IF THE ALLEGED PERPETRATOR IS THE PARENT OR GUARDIAN AND TO REVISE CERTAIN PROCEDURES WHEN A CHILD IS IN PLACEMENT WITH A RELATIVE; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF ABUSE AND NEGLECT REPORTS AND RECORDS, SO AS TO REVISE CERTAIN PERSONS, AGENCIES, OR ENTITIES WHICH MAY HAVE ACCESS TO THESE REPORTS AND RECORDS AND TO AUTHORIZE THE DEPARTMENT TO DISCLOSE NECESSARY INFORMATION TO PARTICIPANTS IN A FAMILY GROUP CONFERENCE; TO AMEND SECTION 20-7-736, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN ABUSE AND NEGLECT CASES, SO AS TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 20-7-765 RELATING TO FOSTER CARE TREATMENT PLAN REQUIREMENTS REGARDING SUBSTANCE ABUSE, SO AS TO CHANGE THE TERM "TREATMENT PLAN" TO "PLACEMENT PLAN"; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO PERMANENCY PLANNING HEARINGS FOR CHILDREN IN FOSTER CARE, SO AS TO CLARIFY THAT A PROCEEDING MUST BE INITIATED BY THE FILING OF A MOTION AND TO PROVIDE THAT PENDING AN APPEAL IN A FOSTER CARE CASE THE JURISDICTION AND DISPOSITIONAL POWERS OF THE COURT CONTINUES ON MATTERS UNRELATED TO THE APPEAL; TO ADD SECTION 20-7-770 REQUIRING CLERKS OF COURT TO SUBMIT CERTAIN INFORMATION ON CHILD PROTECTION CASES TO COURT ADMINISTRATION WHICH MUST FORWARD THIS INFORMATION MONTHLY AND IN AN ANNUAL REPORT TO THE DEPARTMENT AND TO REQUIRE COURT ADMINISTRATION TO PROSPECTIVELY USE A SEPARATE CODE TO IDENTIFY ABUSE AND NEGLECT CASES; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO TERMINATION OF PARENTAL RIGHTS, SO AS TO ADD CONVICTION FOR CERTAIN CRIMES AGAINST THE PERSON, INCLUDING CRIMINAL DOMESTIC VIOLENCE, AS A GROUND FOR TERMINATION; TO ADD SECTION 20-7-1630 SO AS TO REQUIRE THE DEPARTMENT TO INFORM FOSTER PARENTS OF FOSTER CHILDREN WHO ARE RELATIVES ABOUT THE BENEFITS ATTENDANT TO PROVIDING FOSTER CARE AND TO PROVIDE ASSISTANCE IN ACQUIRING LICENSING; TO AMEND SECTION 20-7-1640, AS AMENDED, RELATING TO FINGERPRINTING OF FOSTER PARENTS, SO AS TO AUTHORIZE THE DEPARTMENT TO ISSUE A TEMPORARY LICENSE IF CERTAIN PRELIMINARY CRIMINAL RECORDS REQUIREMENTS ARE MET; TO AMEND SECTION 20-7-2376, AS AMENDED, RELATING TO FUNCTIONS AND POWERS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO REQUIRE THE BOARDS TO SUBMIT WRITTEN REPORTS TO THE COURT THAT ARE DISTINCTIVE FROM OTHER DOCUMENTS IN THE FILE; TO AMEND SECTION 59-63-31 RELATING TO RESIDENCY REQUIREMENTS FOR ATTENDING A PUBLIC SCHOOL, SO AS TO PROVIDE PROCEDURES FOR CHILDREN TO OBTAIN CONTINUED SCHOOLING AT A PARTICULAR SCHOOL IF THE CHILD IS IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES; AND TO AMEND JOINT RESOLUTION 157 OF 1997 RELATING TO THE PILOT CHILD PROTECTIVE SERVICES SYSTEM, SO AS TO CLARIFY THAT THE REQUIRED EVALUATION IS THE ONLY EVALUATION THAT MUST BE PERFORMED BY THE DEPARTMENT OF SOCIAL SERVICES IN COUNTIES PARTICIPATING IN THE PILOT, TO REQUIRE THE DEPARTMENT TO ENSURE THAT DATA COLLECTION AND EVALUATION SHALL NOT INTERFERE WITH IMPLEMENTING THE PROGRAM TO EXPAND FROM THIRTY TO FORTY-FIVE DAYS THE TIME WITHIN WHICH A DETERMINATION MUST BE MADE FOR A CASE TO BE REFERRED TO THE PILOT PROJECT AND TO ALLOW FOR AN EXTENSION, TO AUTHORIZE THE DEPARTMENT TO EXPAND THE PILOT SYSTEM TO SIX, RATHER THAN THREE COUNTIES, AND TO EXTEND THE PILOT FOR UP TO THREE YEARS, RATHER THAN TWO YEARS, TO CLARIFY THE TIME WITHIN WHICH AN INVESTIGATION OR ASSESSMENT MUST BE COMPLETED BY A PILOT COUNTY, AND TO APPLY THE POLICIES AND PROCEDURES PERTAINING TO RECORDS OF UNFOUNDED AND FOUNDED CASES OF ABUSE OR NEGLECT, AS ESTABLISHED IN LAW TO RECORDS OF ASSESSMENT CASES CREATED UNDER THE PILOT SYSTEM.
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(R182, S. 585 (Word version)) -- Senator McConnell: AN ACT TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO FINES AND ASSESSMENTS IMPOSED ON CONVICTIONS IN GENERAL SESSIONS, MUNICIPAL, AND MAGISTRATE'S COURTS, SO AS TO PROVIDE THAT ALL REVENUES MUST BE APPROPRIATED FOR THE EXCLUSIVE PURPOSE OF PROVIDING VICTIM SERVICES; TO PROVIDE THAT ALL UNUSED FUNDS MUST BE CARRIED FORWARD AND USED EXCLUSIVELY FOR VICTIM SERVICES; TO PROVIDE THAT EACH GOVERNMENTAL ENTITY MUST HAVE AN ANNUAL INDEPENDENT EXTERNAL AUDIT CONDUCTED ON THE COLLECTION, REPORTING, AND DISTRIBUTION OF THE FINES AND ASSESSMENTS AND MUST DETAIL IN A SUPPLEMENTARY SCHEDULE CERTAIN ELEMENTS OF THE ENTITY'S RECORDS CONCERNING THE FINES AND ASSESSMENTS; AND TO AMEND SECTION 14-1-211, AS AMENDED, RELATING TO A SURCHARGE IMPOSED ON CONVICTIONS IN GENERAL SESSIONS, MUNICIPAL, AND MAGISTRATE'S COURTS, SO AS TO PROVIDE THAT ALL SURCHARGE REVENUE MUST BE APPROPRIATED FOR THE EXCLUSIVE PURPOSE OF PROVIDING VICTIM SERVICES, TO PROVIDE THAT ALL UNUSED FUNDS MUST BE CARRIED FORWARD AND USED EXCLUSIVELY FOR VICTIM SERVICES, AND TO PROVIDE THAT THE CITY OR COUNTY MUST HAVE AN ANNUAL INDEPENDENT EXTERNAL AUDIT CONDUCTED ON THE COLLECTION, REPORTING, AND DISTRIBUTION OF THE SURCHARGE REVENUE AND MUST DETAIL IN A SUPPLEMENTARY SCHEDULE CERTAIN ELEMENTS OF THE ENTITY'S RECORDS CONCERNING THE SURCHARGES.
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(R183, S. 591 (Word version)) -- Senators McConnell, Ravenel, Hutto, Leventis, Cork and Passailaigue: AN ACT TO AMEND CHAPTER 1, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLLUTION CONTROL ACT, BY ADDING SECTION 48-1-83 SO AS TO ESTABLISH REQUIREMENTS FOR DISSOLVED OXYGEN DEPRESSIONS IN NATURALLY LOW DISSOLVED OXYGEN WATERBODIES AND TO ESTABLISH PROCEDURES FOR OBTAINING A SITE-SPECIFIC EFFLUENT LIMIT RELATED TO DISSOLVED OXYGEN.
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(R184, S. 684 (Word version)) -- Senators Grooms and Mescher: AN ACT TO ENACT THE BERKELEY COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT.
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(R185, S. 727 (Word version)) -- Education Committee: AN ACT TO AMEND CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS, BY ADDING ARTICLE 13, SO AS TO PROVIDE THE CONDITIONS, REQUIREMENTS, AND PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 1999-2000 ARE ENCOURAGED TO ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN THEIR DISTRICTS, TO PERMIT THESE ALTERNATIVE SCHOOL PROGRAMS TO BE OPERATED EITHER INDIVIDUALLY OR AS A COOPERATIVE AGREEMENT WITH OTHER SCHOOL DISTRICTS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE ALTERNATIVE SCHOOLS SHALL BE FUNDED; AND TO REPEAL SECTION 59-18-1900 RELATING TO ALTERNATIVE SCHOOLS AND GRANT PROGRAMS FOR SUCH SCHOOLS.
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(R186, S. 810 (Word version)) -- Senator Washington: AN ACT TO AMEND SECTION 7-7-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN JASPER COUNTY, SO AS TO DELETE SPECIFIC DELINEATIONS OF THE BOUNDARIES OF THESE VOTING PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD, TO REDESIGNATE AN ADDITIONAL PRECINCT AS RIDGELAND 3, AND PROVIDE THAT POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF JASPER COUNTY WITH THE APPROVAL OF A MAJORITY OF THE JASPER COUNTY LEGISLATIVE DELEGATION.
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(R187, S. 897 (Word version)) -- Senator Hutto: AN ACT TO AMEND ACT 2 OF 1963, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES FOR BARNWELL COUNTY SCHOOL DISTRICT NUMBER 45, SO AS TO ALLOW MEMBERS OF THE BOARD TO PROVIDE A STIPEND TO BOARD MEMBERS FOR SERVICES RENDERED.
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(R188, H. 3037 (Word version)) -- Rep. Miller: AN ACT 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; TO AMEND SECTION 31-6-30, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF TAX INCREMENT FINANCING, SO AS TO REQUIRE THAT REDEVELOPMENT PROJECTS BE PUBLICLY OWNED AND THAT TAXING DISTRICTS INCLUDE SCHOOL DISTRICTS WHICH HAVE TAXES LEVIED FOR THEM; AND TO AMEND SECTION 31-6-80, RELATING TO APPROVAL OF A REDEVELOPMENT PLAN AND ADOPTION OF AN ORDINANCE, SO AS TO REQUIRE THE CONSENT OF EACH AFFECTED TAXING DISTRICT.
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(R189, H. 3075 (Word version)) -- Reps. Limehouse, Edge, Simrill and Emory: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-530 SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO DEVELOP AND MAINTAIN A PROTOCOL MANUAL TO BE USED BY CONTRIBUTING AGENCIES IN THE ADMINISTRATION OF THE SEX OFFENDER REGISTRY; AND TO AMEND SECTION 23-3-490, AS AMENDED, RELATING TO SEX OFFENDER REGISTRY INFORMATION BEING AVAILABLE TO THE PUBLIC, SO AS TO REQUIRE A SHERIFF TO PROVIDE A LISTING OF THE REGISTRY FOR PUBLICATION BY A NEWSPAPER WITH GENERAL CIRCULATION IN THE COUNTY, TO PROVIDE IMMUNITY FROM LIABILITY FOR PROVIDING OR PUBLISHING SUCH INFORMATION ABSENT INTENT, MALICE, OR BAD FAITH, AND TO REQUIRE A SHERIFF TO NOTIFY THE PRINCIPAL OF PUBLIC AND PRIVATE SCHOOLS AND THE ADMINISTRATORS OF DAY CARE CENTERS OF AN OFFENDER RESIDING WITHIN ONE-HALF MILE OF THE SCHOOL OR DAY CARE CENTER.
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(R190, H. 3218 (Word version)) -- Rep. Miller: AN ACT 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 MUNICIPALITY, 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; AND 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.
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(R191, H. 3276 (Word version)) -- Reps. Wilkins, Cato, Bailey, Barrett, Battle, G. Brown, H. Brown, Carnell, Cobb-Hunter, Easterday, Gamble, Harrell, Harrison, Jennings, Keegan, Kelley, Kirsh, Klauber, Mason, McGee, McKay, Quinn, Sandifer, Sharpe, D. Smith, R. Smith, Tripp, Young-Brickell, Leach, Whatley, Meacham, Law, Seithel, Woodrum, Trotter, Fleming, Chellis, Walker, Loftis, Altman, Riser, Stille, Rodgers, Rice, Bauer, Beck, Edge, Dantzler, Maddox, Cooper, Lanford, Martin, Hamilton, Campsen, Phillips, Lee, Gilham, Robinson and Simrill: AN ACT TO AMEND CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 20 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AMOUNTS MAY BE CHARGED BY MUNICIPALITIES TO TELECOMMUNICATIONS COMPANIES FOR THE USE OF THE PUBLIC RIGHTS-OF-WAY AND FOR BUSINESS LICENSE TAXES IN ORDER TO ENSURE THAT SUCH CHARGES ARE IMPOSED ON A COMPETITIVELY NEUTRAL AND NONDISCRIMINATORY BASIS, TO LIMIT OR RESTRICT THE IMPOSITION OF CERTAIN OTHER FEES AND TAXES ON TELECOMMUNICATIONS COMPANIES BY MUNICIPALITIES; TO PROVIDE A MAXIMUM RATE OF BUSINESS LICENSE TAX THAT MAY BE IMPOSED ON RETAIL TELECOMMUNICATION SERVICES BY A MUNICIPALITY AFTER 2003 AND THE METHOD OF DETERMINING THAT MAXIMUM RATE; TO PROHIBIT A MUNICIPALITY FROM USING ITS AUTHORITY OVER THE PUBLIC STREETS AND PUBLIC PROPERTY AS A BASIS FOR ASSERTING OR EXERCISING CERTAIN REGULATORY CONTROL OVER TELECOMMUNICATIONS COMPANIES REGARDING MATTERS WITH THE JURISDICTION OF THE PUBLIC SERVICE COMMISSION OR THE FEDERAL COMMUNICATIONS COMMISSION; TO ALLOW A COMMUNICATIONS COMPANY THAT IS OCCUPYING THE PUBLIC STREETS AND PUBLIC PROPERTY OF A MUNICIPALITY WITH ITS PERMISSION ON THE EFFECTIVE DATE OF THIS ARTICLE TO CONTINUE USING THE PUBLIC STREETS AND PUBLIC PROPERTY WITHOUT OBTAINING ADDITIONAL CONSENT; TO PROVIDE CONDITIONS UNDER WHICH A MUNICIPALITY MAY ENFORCE AN ORDINANCE OR PRACTICE INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE; TO AUTHORIZE A TELECOMMUNICATIONS COMPANY TO INCLUDE A STATEMENT IN A MUNICIPAL CUSTOMER'S BILL THAT THE CUSTOMER'S MUNICIPALITY CHARGES A BUSINESS LICENSE TAX TO THE COMPANY; AND TO PROVIDE FOR RELATED PROCEDURAL AND OTHER MATTERS.
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(R192, H. 3357 (Word version)) -- Reps. Fleming, Wilder, Klauber and Hayes: AN ACT 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; 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; TO AMEND CHAPTER 7, TITLE 5, RELATING TO THE POWERS, FUNCTIONS, AND RESPONSIBILITIES OF MUNICIPALITIES, SO AS TO ADD SECTION 5-7-145, PROVIDING THAT COASTAL MUNICIPALITIES HAVE THE AUTHORITY TO PROVIDE LIFEGUARD AND OTHER RELATED SAFETY SERVICES ALONG THE PUBLIC BEACHES WITHIN THEIR CORPORATE LIMITS, TO PROVIDE THAT THE MUNICIPALITIES MAY CONTRACT WITH PRIVATE BEACH SAFETY COMPANIES TO PROVIDE THESE SERVICES, TO PROVIDE CONDITIONS TO BE SATISFIED IN THE CONTRACTING PROCESS, TO AMEND SECTION 4-9-30, AS AMENDED, RELATING TO THE AUTHORITY OF COUNTY GOVERNMENT, SO AS TO PROVIDE THAT ITS AUTHORITY TO GRANT FRANCHISES 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 INCLUDES THE AUTHORITY TO GRANT FRANCHISES FOR THE USE OF PUBLIC BEACHES; TO AMEND SECTION 5-7-30, AS AMENDED, RELATING TO THE POWERS OF THE MUNICIPALITIES, SO AS TO PROVIDE THE AUTHORITY TO GRANT FRANCHISES FOR THE USE OF PUBLIC BEACHES; TO PROVIDE THAT THE PROVISIONS OF SECTION 21 OF THIS ACT DO NOT AFFECT, ALTER, OR ABROGATE CONTRACTS EXISTING AND IN EFFECT ON THE EFFECTIVE DATE OF THIS ACT; TO AMEND SECTION 11-27-40, 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.
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(R193, H. 3359 (Word version)) -- Reps. Dantzler, Bailey, R. Smith, Hinson, Rodgers, Witherspoon, Chellis, McKay, McGee, Law, Simrill, Rhoad, Littlejohn and Bowers: AN ACT 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; TO AMEND CHAPTER 21, TITLE 50, RELATING TO EQUIPMENT AND OPERATION OF WATERCRAFT, BY ADDING SECTION 50-21-385 SO AS TO ALLOW INDEFINITE MOORING OF A HOUSEBOAT USED FOR HABITATION AT A PRIVATE DOCK SO LONG AS THE BOAT HAS A WASTE-HOLDING TANK WHICH IS PUMPED OUT AT AN APPROVED FACILITY AND TO INCLUDE CRIMINAL PENALTIES; TO AMEND SECTION 2-7-76, AS AMENDED, RELATING TO FISCAL IMPACT STATEMENTS FOR CERTAIN LEGISLATION, SO AS TO REQUIRE THAT THE BUDGET DIVISION OR ECONOMIC RESEARCH SECTION OF THE BUDGET AND CONTROL BOARD, RATHER THAN THE DEPARTMENT OF REVENUE, PREPARE THE STATEMENT OF ESTIMATED FISCAL IMPACT TO A COUNTY OR MUNICIPALITY; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO APPLICATION OF THE INTERNAL REVENUE CODE TO STATE TAX LAWS, SO AS TO UPDATE THE REFERENCE TO THE INTERNAL REVENUE CODE AS AMENDED THROUGH 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 CORPORATE INCOME TAX CREDIT FOR HEADQUARTERS, SO AS TO PROVIDE THAT THE NUMBER OF NEW JOBS AND THE COMPENSATION LEVEL BE DETERMINED USING THE MOST RECENT PER CAPITA INCOME DATA AVAILABLE; TO AMEND SECTION 12-6-3465, RELATING TO INCOME TAX CREDIT FOR A RECYCLING FACILITY, SO AS TO MAKE TECHNICAL CORRECTIONS TO CROSS REFERENCES; TO AMEND SECTION 12-16-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE ESTATE TAX ACT, SO AS TO UPDATE THE DEFINITION FOR INTERNAL REVENUE CODE; TO AMEND SECTION 12-20-20, RELATING TO CORPORATIONS REQUIRED TO FILE ANNUAL REPORTS WITH THE DEPARTMENT OF REVENUE, SO AS TO CHANGE A CROSS REFERENCE; TO AMEND SECTION 12-36-510, AS AMENDED, RELATING TO RETAIL LICENSES, SO AS TO DELETE THE REQUIREMENT THAT AN EVENT BE LISTED IN THE DEPARTMENT OF PARKS, RECREATION AND TOURISM CALENDAR TO QUALIFY AS A SPECIAL EVENT; TO AMEND SECTION 12-37-251, AS AMENDED, RELATING TO THE HOMESTEAD EXEMPTION FROM PROPERTY TAX, SO AS TO CHANGE THE ESTIMATING BODY FROM THE DEPARTMENT OF REVENUE TO THE ECONOMIC RESEARCH SECTION OF THE BUDGET AND CONTROL BOARD; TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO TIME OF APPLICATION FOR A TAX REFUND, SO AS TO ALLOW A CORPORATION NINETY DAYS, INSTEAD OF THIRTY, TO FILE A CLAIM; TO AMEND SECTION 12-56-20, AS AMENDED, 12-56-60, 12-56-110, AND CHAPTER 56, TITLE 12, ALL RELATING TO THE SETOFF DEBT COLLECTION ACT, SO AS TO INCLUDE AS A "CLAIMANT AGENCY" THE POLITICAL SUBDIVISION SUBMITTING A CLAIM THROUGH AN ASSOCIATION, TO DENY A PROPERTY RIGHT IN A REFUND UNTIL ALL CLAIMS ARE PAID, TO PERMIT THE DEPARTMENT OF REVENUE TO REGULATE THE PROCEDURES, AND BY ADDING SECTIONS 12-56-62, 12-56-63, 12-56-65, 12-56-67, AND 12-56-120 SO AS TO PROVIDE FOR NOTICE, PROTEST, HEARING, AND APPEALS PROCEDURES; TO AMEND ARTICLE 1, CHAPTER 54, TITLE 12, RELATING TO ENFORCEMENT AND COLLECTION OF TAXES, BY ADDING SECTIONS 12-54-43 AND 12-54-44 SO AS TO DESCRIBE SEPARATELY THE CIVIL AND CRIMINAL PENALTIES, RESPECTIVELY, IN THAT CONNECTION; TO AMEND SECTION 4-12-30, AS AMENDED, RELATING TO QUALIFICATION FOR A FEE IN LIEU OF PROPERTY TAXES, AND SECTION 4-29-67, AS AMENDED, RELATING TO A FEE IN LIEU OF TAXES FOR CERTAIN INDUSTRIAL DEVELOPMENT PROJECTS, BOTH SO AS TO DEEM REPLACEMENT PROPERTY AS THAT PROPERTY REPLACING THE OLDEST PROPERTY SUBJECT TO THE FEE; TO AMEND SECTION 4-29-68, AS AMENDED, RELATING TO SPECIAL SOURCE REVENUE BONDS, SO AS TO ADD CROSS REFERENCES; TO AMEND SECTION 11-1-10, AS AMENDED, RELATING TO OFFICIAL RECEIPTS FOR MONIES COLLECTED BY AN AGENT OF THE STATE, SO AS TO LIMIT DOCUMENTS SUBMITTED BY AGENTS OF THE DEPARTMENT OF REVENUE TO THOSE REQUIRED BY DEPARTMENT RULES; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO PROVISIONS OF THE INTERNAL REVENUE CODE NOT ADOPTED BY THE STATE, SO AS TO ADD SECTION 6015 AS ADOPTED; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO JOB TAX CREDITS, SO AS TO REQUIRE THAT COUNTIES BE RANKED AND DESIGNATED USING PER CAPITA INCOME AND UNEMPLOYMENT RATE DATA FROM THE MOST RECENTLY AVAILABLE THREE YEARS, INCREASE THE CREDIT DESIGNATION FOR FIVE YEARS FOR A COUNTY WITH AN APPLICABLE MILITARY INSTALLATION OR FEDERAL FACILITY, PROVIDE FOR PASS THROUGH AND CARRY FORWARD OF CREDITS FOR MEMBERS OF SPECIFIED BUSINESS ENTITIES, AND PROVIDE THAT JOB TAX CREDIT BE DETERMINED FROM INCOME DATA AVAILABLE AS OF THE END OF THE TAXABLE YEAR IN WHICH THE JOBS ARE FILLED; TO AMEND SECTION 12-6-4910, RELATING TO PERSONS REQUIRED TO MAKE AN INCOME TAX RETURN, SO AS TO INCLUDE RETIREMENT INCOME DEDUCTION IN THE PROVISION; TO AMEND SECTIONS 12-6-5060, 12-6-5065, 12-6-5070, AND 12-6-5080, ALL RELATING TO TAXPAYER CHARITABLE CHECKOFFS, SO AS PROVIDE THAT THE DEPARTMENT OF REVENUE IS NOT SUBJECT TO THE SOLICITATION OF CHARITABLE FUNDS ACT FOR ITS ROLE IN ADMINISTERING THE CHECKOFFS; TO AMEND SECTION 12-21-2550, AS AMENDED, RELATING TO MONTHLY PAYMENT OF THE STAMP AND BUSINESS LICENSE TAX, SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY ESTIMATE TAX LIABILITY AND ISSUE A PROPOSED ASSESSMENT BASED ON THE BEST INFORMATION AVAILABLE UPON FAILURE TO FILE OR FILING AN INCORRECT RETURN; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES AND USE TAX, SO AS TO INCLUDE LIQUEFIED PETROLEUM GAS; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO DISCLOSURE OF RECORDS BY THE DEPARTMENT OF REVENUE, SO AS TO ALLOW DISCLOSURE OF TAXPAYER NAME AND ADDRESS TO THE STATE RETIREMENT SYSTEM IN DISPOSITION OF AN INACTIVE ACCOUNT; TO AMEND SECTION 12-56-20, AS AMENDED, RELATING TO SETOFF DEBT COLLECTION SO AS TO INCLUDE THE UNITED STATES DEPARTMENT OF EDUCATION AS A CLAIMANT AGENCY AND TO CHANGE "INDIVIDUAL" TO "PERSON"; TO REPEAL SECTION 12-6-5590, RELATING TO APPLICATION FOR REVISION OF ASSESSED INCOME TAX, AND SECTIONS 12-54-35 AND 12-54-40 RELATING TO LIABILITIES OF SPOUSES AND CIVIL AND CRIMINAL TAX LIABILITIES AND PENALTIES; TO AMEND SECTION 12-4-320, AS AMENDED, RELATING TO PERMISSIVE POWERS OF THE DEPARTMENT OF REVENUE, SO AS TO PERMIT THE EXTENSION OF TIME FOR MAKING RETURNS, PAYMENTS, AND COLLECTIONS FOR A TAXPAYER IN HAZARDOUS MILITARY SERVICE; TO AMEND SECTION 12-60-470, RELATING TO A TAXPAYER'S REFUND CLAIM, SO AS TO MAKE THE CLAIM FOR REFUND PERSONAL TO THE TAXPAYER UNTIL THE REFUND IS AUTHORIZED; TO AMEND SECTION 12-44-60, RELATING TO REPLACEMENT PROPERTY FOR PURPOSES OF A SIMPLIFIED FEE IN LIEU OF TAX, SO AS TO DEEM IT REPLACES THE OLDEST PROPERTY SUBJECT TO THE FEE; TO AMEND SECTION 6-1-320, RELATING TO MILLAGE RATE INCREASES BY A LOCAL GOVERNING BODY, SO AS TO CHANGE THE REFERENCE FROM FISCAL YEAR TO CALENDAR YEAR; TO AMEND SECTIONS 12-10-50, AS AMENDED, 12-10-60, AND 12-10-100, ALL RELATING TO THE ENTERPRISE ZONE ACT OF 1995, SO AS TO MAKE IT DISCRETIONARY WITH THE ADVISORY COORDINTING COUNCIL FOR ECONOMIC DEVELOPMENT TO ENTER INTO A REVITALIZATION AGREEMENT WITH A QUALIFYING BUSINESS; TO AMEND SECTION 4-35-150, RELATING TO OWNERSHIP OF IMPROVEMENTS PURSUANT TO THE PUBLIC WORKS IMPROVEMENT ACT, SO AS TO PROVIDE THAT THE IMPROVEMENTS BE OWNED BY THE COUNTY, STATE, OR OTHER PUBLIC ENTITY AND THAT ASSESSMENTS MAY BE LEVIED ALSO FOR THE MANAGEMENT AND OPERATION OF THE IMPROVEMENT DISTRICT; AND TO PROVIDE VARIOUS EFFECTIVE DATES FOR THE DIFFERENT PROVISIONS.
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(R194, H. 3411 (Word version)) -- Rep. W. McLeod: AN ACT TO AMEND SECTION 56-5-6240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE, CONFISCATION, AND DISPOSITION PROCEDURE FOR A MOTOR VEHICLE SEIZED FROM A PERSON CONVICTED OF DRIVING WITH A SUSPENDED DRIVER'S LICENSE (DUS), OR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER DRUG, OR COMBINATION OF DRUGS (DUI), SO AS TO PROVIDE THAT A MOTOR VEHICLE DRIVEN BY ITS REGISTERED OWNER OR A RESIDENT OF HIS HOUSEHOLD MUST BE FORFEITED FOR CERTAIN DUS AND DUI VIOLATIONS, TO DELETE THE PROVISION THAT PROVIDES THAT A MOTOR VEHICLE DRIVEN BY THE OWNER OF RECORD, OR A RESIDENT OF HIS HOUSEHOLD MUST BE FORFEITED IF THE DRIVER IS CONVICTED OF CERTAIN DUS OR DUI VIOLATIONS, TO PROVIDE THAT AN AUTHORIZED AGENT OF A SHERIFF OR CHIEF OF POLICE MAY RECEIVE A CONFISCATED MOTOR VEHICLE FROM CERTAIN LAW ENFORCEMENT OFFICERS, TO PROVIDE THAT A SHERIFF, CHIEF OF POLICE, OR THEIR AUTHORIZED AGENT SHALL BY CERTIFIED MAIL NOTIFY THE REGISTERED OWNER OF A MOTOR VEHICLE OF ITS CONFISCATION, TO PROVIDE THAT THE MOTOR VEHICLE CONFISCATION HEARING OFFICER SHALL DETERMINE WHETHER OR NOT ON THE OCCASION OF THE DRIVER'S ARREST THE REGISTERED OWNER OF THE MOTOR VEHICLE AUTHORIZED THE USE OF THE MOTOR VEHICLE OR WHETHER OR NOT HE KNEW THE DRIVER DID NOT POSSESS A VALID DRIVER'S LICENSE, AND RETURN THE MOTOR VEHICLE TO ITS REGISTERED OWNER IF THE SHOWING IS MADE THAT THE REGISTERED OWNER DID NOT AUTHORIZE THE USE OR DID NOT KNOW THAT THE DRIVER HAD A SUSPENDED DRIVER'S LICENSE, TO REVISE THE PROCEDURE FOR THE DISPOSAL OF A MOTOR VEHICLE THAT A REGISTERED OWNER FAILS TO REMOVE FROM THE POSSESSION OF A LAW ENFORCEMENT AGENCY WITHIN TEN DAYS OF A COURT ORDER ALLOWING ITS RETURN TO ITS REGISTERED OWNER, TO REVISE THE PROCEDURE THAT A SHERIFF OR CHIEF OF POLICE MUST FOLLOW TO ACCOMPLISH FORFEITURE OF A CONFISCATED MOTOR VEHICLE, TO PROVIDE THAT FORFEITURE OF A MOTOR VEHICLE IS SUBORDINATE TO ALL VALID LIENS AND ENCUMBRANCES UPON THE MOTOR VEHICLE, TO REVISE THE TYPE AND CONTENT OF PERSONAL AND PUBLIC NOTICE THAT MUST BE PROVIDED BY A SHERIFF OR CHIEF OF POLICE REGARDING A FORFEITED MOTOR VEHICLE BEFORE IT MAY BE DISPOSED OF, TO REVISE THE PROCEDURE TO DISPOSE OF A MOTOR VEHICLE AT PUBLIC AUCTION, TO PROVIDE FOR THE TRANSFER OF THE TITLE OF THE MOTOR VEHICLE TO ITS PURCHASER, TO PROVIDE THAT CERTAIN COSTS INCURRED FROM THE CONFISCATION, FORFEITURE, AND SALE OF A MOTOR VEHICLE MUST BE REIMBURSED FROM THE PROCEEDS OF THE SALE OF THE MOTOR VEHICLE, AND THAT THE REMAINING PROCEEDS FROM THE SALE OF A MOTOR VEHICLE MUST BE DEPOSITED IN THE GENERAL FUND OF EITHER THE COUNTY OR MUNICIPALITY THAT MAINTAINS JURISDICTION OVER THE MOTOR VEHICLE, TO PROVIDE THAT IF A REGISTERED OWNER, NEW PURCHASER, OR LIENHOLDER BELIEVES THE TOWING, PRESERVATION, AND STORAGE COSTS FOR THE MOTOR VEHICLE ARE EXCESSIVE, HE MAY PETITION THE MAGISTRATE IN THE JURISDICTION WHERE THE MOTOR VEHICLE WAS TAKEN INTO CUSTODY TO DETERMINE THE FAIR MARKET PRICE OF THESE SERVICES, AND TO PROVIDE THAT THIS PROVISION SHALL NOT ALTER A CONTRACTUAL OBLIGATION IN AN EXISTING INSURANCE POLICY; TO AMEND SECTION 56-1-170, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S AUTHORITY TO PLACE RESTRICTIONS ON A PERSON'S DRIVER'S LICENSE TO ASSURE THE SAFE OPERATION OF A MOTOR VEHICLE BY A LICENSEE, SO AS TO PROVIDE THAT A PERSON EMPLOYED OR ENROLLED IN A COLLEGE OR UNIVERSITY WHILE HIS DRIVER'S LICENSE IS SUSPENDED UNDER THIS PROVISION MAY APPLY FOR AND MAY BE ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE THAT PERMITS HIM TO DRIVE ONLY TO AND FROM WORK OR HIS PLACE OF EDUCATION DURING HIS COURSE OF EMPLOYMENT OR EDUCATION DURING THE PERIOD OF SUSPENSION, UNDER CERTAIN CIRCUMSTANCES, AND WITH CERTAIN RESTRICTIONS, TO PROVIDE A FEE FOR THE SPECIAL RESTRICTED DRIVER'S LICENSE, AND TO PROVIDE A PENALTY FOR VIOLATING THE RESTRICTIONS IMPOSED BY THE SPECIAL RESTRICTED DRIVER'S LICENSE; TO AMEND SECTION 56-1-320, AS AMENDED, RELATING TO THE SUSPENSION OR REVOCATION OF A RESIDENT OF THIS STATE'S DRIVER'S LICENSE OR A NONRESIDENT'S DRIVING PRIVILEGE UPON HIS CONVICTION OF AN OFFENSE IN ANOTHER STATE, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY ISSUE A SPECIAL ROUTE RESTRICTED DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES TO CERTAIN PERSONS WHOSE DRIVER'S LICENSES HAVE BEEN SUSPENDED, OR REVOKED UPON THEIR CONVICTION OF AN OFFENSE IN ANOTHER STATE; TO AMEND SECTION 56-1-740, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE OR NONRESIDENT PRIVILEGE TO DRIVE, SO AS TO PROVIDE THAT A PERSON EMPLOYED OR ENROLLED IN A COLLEGE OR UNIVERSITY WHILE HIS DRIVER'S LICENSE IS SUSPENDED UNDER THIS PROVISION MAY APPLY FOR AND MAY BE ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE THAT PERMITS HIM TO DRIVE ONLY TO AND FROM WORK OR HIS PLACE OF EDUCATION DURING HIS COURSE OF EMPLOYMENT OR EDUCATION DURING THE PERIOD OF SUSPENSION, UNDER CERTAIN CIRCUMSTANCES, AND WITH CERTAIN RESTRICTIONS, TO PROVIDE A FEE FOR THE SPECIAL RESTRICTED DRIVER'S LICENSE, AND TO PROVIDE A PENALTY FOR VIOLATING THE RESTRICTIONS IMPOSED BY THE SPECIAL RESTRICTED DRIVER'S LICENSE; TO AMEND SECTION 56-1-748, RELATING TO THE INELIGIBILITY OF A PERSON WHO HAS BEEN ISSUED A SPECIAL ROUTE RESTRICTED DRIVER'S LICENSE UNDER CERTAIN PROVISIONS OF THE LAW TO OBTAIN A SUBSEQUENT SPECIAL ROUTE RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT A PERSON IS INELIGIBLE TO OBTAIN A SPECIAL ROUTE RESTRICTED DRIVER'S LICENSE IF HE HAS PREVIOUSLY BEEN ISSUED A SPECIAL ROUTE RESTRICTED DRIVER'S LICENSE PURSUANT TO SECTIONS 56-1-170, 56-1-320, 56-1-740, 56-5-750, 56-9-430, 56-10-260, OR 56-10-270; TO AMEND SECTION 56-5-750, AS AMENDED, RELATING TO A PERSON'S FAILURE TO STOP A MOTOR VEHICLE WHEN SIGNALED BY A LAW ENFORCEMENT VEHICLE AND THE PENALTIES FOR VIOLATING THIS PROVISION, SO AS TO PROVIDE THAT THE DRIVER'S LICENSE OF A PERSON WHO VIOLATES THIS PROVISION FOR CERTAIN SECOND OR SUBSEQUENT OFFENSES MUST HAVE HIS DRIVER'S LICENSE SUSPENDED INSTEAD OF REVOKED, AND TO PROVIDE THAT A PERSON ENROLLED IN A COLLEGE OR UNIVERSITY WHILE HIS DRIVER'S LICENSE IS SUSPENDED UNDER THIS PROVISION MAY APPLY FOR AND MAY BE ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE THAT PERMITS HIM TO DRIVE ONLY TO AND FROM WORK OR HIS PLACE OF EDUCATION DURING THE PERIOD OF SUSPENSION, UNDER CERTAIN CIRCUMSTANCES, AND WITH CERTAIN RESTRICTIONS, TO PROVIDE A FEE FOR THE SPECIAL RESTRICTED DRIVER'S LICENSE, AND TO PROVIDE A PENALTY FOR VIOLATING THE RESTRICTIONS IMPOSED BY THE SPECIAL RESTRICTED DRIVER'S LICENSE; TO AMEND SECTION 56-5-2951, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE WHO REFUSES TO SUBMIT TO CERTAIN CHEMICAL TESTS TO DETERMINE WHETHER THE PERSON WAS DRIVING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF THEM, THE ISSUANCE OF A TEMPORARY ALCOHOL RESTRICTED DRIVER'S LICENSE AND A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT IF A PERSON'S DRIVER'S LICENSE SUSPENSION IS UPHELD DURING AN ADMINISTRATIVE HEARING, A TEMPORARY ALCOHOL RESTRICTED DRIVER'S LICENSE THAT WAS ISSUED BEFORE THE HEARING SHALL REMAIN IN EFFECT UNTIL THE DEPARTMENT OF PUBLIC SAFETY ISSUES THE ADMINISTRATIVE HEARING OFFICER'S DECISION AND INFORMS THE PERSON THAT HE IS ELIGIBLE TO RECEIVE A ROUTE RESTRICTED SPECIAL DRIVER'S LICENSE IF HE IS EMPLOYED OR ENROLLED IN A COLLEGE OR UNIVERSITY, TO INCREASE FROM TEN DAYS TO THIRTY DAYS WITHIN WHICH AN ADMINISTRATIVE HEARING MUST BE HELD AFTER A REQUEST FOR A HEARING IS RECEIVED BY THE DEPARTMENT OF PUBLIC SAFETY, TO PROVIDE THAT IF THE DEPARTMENT DOES NOT SCHEDULE THE HEARING WITHIN THIRTY DAYS, IT MUST ISSUE AN ORDER WITHIN TEN DAYS THAT SETS FORTH THE REASONS WHY THE HEARING WAS NOT HELD WITHIN THE INITIAL THIRTY DAYS AND SCHEDULES A NEW HEARING, TO PROVIDE THAT IF THE DEPARTMENT DOES NOT ISSUE A WRITTEN ORDER WITHIN TEN DAYS OR FAILS TO SCHEDULE OR HOLD A SUBSEQUENT HEARING, THEN THE PERSON WHO REQUESTED THE HEARING MUST HAVE HIS DRIVER'S LICENSE, PERMIT, OR NONRESIDENT OPERATING PRIVILEGE REINSTATED, AND TO DELETE THE PROVISION THAT ALLOWS A CONTINUANCE TO BE GRANTED UPON A SHOWING OF EXIGENT CIRCUMSTANCES BY EITHER PARTY IN AN ADMINISTRATIVE HEARING, TO PROVIDE THAT IF A PERSON DOES NOT REQUEST AN ADMINISTRATIVE HEARING, HE MAY APPLY FOR AND MAY BE ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, UNDER CERTAIN CONDITIONS, AND WITH CERTAIN RESTRICTIONS, TO PROVIDE THAT A PERSON'S DRIVER'S LICENSE, PERMIT, OR NONRESIDENT OPERATING PRIVILEGE MUST BE RESTORED WHEN HIS PERIOD OF SUSPENSION HAS CONCLUDED EVEN IF HE HAS NOT COMPLETED THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM (ADSAP) IN WHICH HE IS ENROLLED, TO PROVIDE THAT AFTER A PERSON'S DRIVING PRIVILEGE IS RESTORED, HE MUST COMPLETE THE ADSAP IN WHICH HE IS ENROLLED TO MAINTAIN HIS DRIVING PRIVILEGE, AND TO PROVIDE THAT A PERSON MUST BE ATTENDING OR HAVE COMPLETED AN ADSAP BEFORE HIS DRIVING PRIVILEGE CAN BE RESTORED AT THE CONCLUSION OF THE SUSPENSION PERIOD; TO AMEND SECTION 56-9-430, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE AND REGISTRATION OF A PERSON AND THE SUSPENSION OF THE NONRESIDENT OPERATING PRIVILEGE OF A PERSON AGAINST WHOM A JUDGMENT HAS BEEN RENDERED UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT A PERSON EMPLOYED OR ENROLLED IN A COLLEGE OR UNIVERSITY WHILE HIS DRIVER'S LICENSE IS SUSPENDED UNDER THIS PROVISION MAY APPLY FOR AND MAY BE ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE THAT PERMITS HIM TO DRIVE ONLY TO AND FROM WORK OR HIS PLACE OF EDUCATION, DURING HIS COURSE OF EMPLOYMENT OR EDUCATION, DURING THE PERIOD OF SUSPENSION, UNDER CERTAIN CIRCUMSTANCES, AND WITH CERTAIN RESTRICTIONS, TO PROVIDE A FEE FOR THE SPECIAL RESTRICTED DRIVER'S LICENSE, AND TO PROVIDE A PENALTY FOR VIOLATING THE RESTRICTIONS IMPOSED BY THE SPECIAL RESTRICTED DRIVER'S LICENSE; TO AMEND SECTION 56-10-260, RELATING TO THE OFFENSE OF FALSELY CERTIFYING THAT A MOTOR VEHICLE IS INSURED OR PRESENTING THE DEPARTMENT OF PUBLIC SAFETY WITH FALSE EVIDENCE THAT A MOTOR VEHICLE A PERSON SEEKS TO REGISTER IS INSURED, AND PENALTIES FOR VIOLATING THIS PROVISION, SO AS TO PROVIDE THAT THE DRIVER'S LICENSE OF A PERSON ENROLLED IN A COLLEGE OR UNIVERSITY WHILE HIS DRIVER'S LICENSE IS SUSPENDED UNDER THIS PROVISION MAY APPLY FOR AND BE ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE THAT PERMITS HIM TO DRIVE ONLY TO AND FROM WORK OR HIS PLACE OF EDUCATION DURING THE PERIOD OF SUSPENSION, UNDER CERTAIN CIRCUMSTANCES, AND WITH CERTAIN RESTRICTIONS, TO PROVIDE A FEE FOR THE SPECIAL RESTRICTED DRIVER'S LICENSE, AND TO PROVIDE A PENALTY FOR VIOLATING THE RESTRICTIONS IMPOSED BY THE SPECIAL RESTRICTED DRIVER'S LICENSE; TO AMEND SECTION 56-10-270, RELATING TO THE OFFENSE OF OPERATING AN UNINSURED MOTOR VEHICLE AND THE PENALTY FOR VIOLATING THIS PROVISION, SO AS TO MAKE A TECHNICAL CHANGE, AND TO PROVIDE THAT A PERSON EMPLOYED OR ENROLLED IN A COLLEGE OR UNIVERSITY WHILE HIS DRIVER'S LICENSE IS SUSPENDED UNDER THIS PROVISION MAY APPLY FOR AND MAY BE ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE THAT PERMITS HIM TO DRIVE ONLY TO AND FROM WORK OR HIS PLACE OF EDUCATION, DURING HIS COURSE OF EMPLOYMENT OR EDUCATION, DURING THE PERIOD OF SUSPENSION, UNDER CERTAIN CIRCUMSTANCES, AND WITH CERTAIN RESTRICTIONS, TO PROVIDE A FEE FOR THE SPECIAL RESTRICTED DRIVER'S LICENSE, AND TO PROVIDE A PENALTY FOR VIOLATING THE RESTRICTIONS IMPOSED BY THE SPECIAL RESTRICTED DRIVER'S LICENSE; TO AMEND SECTION 56-5-6410, RELATING TO THE USE OF A CHILD PASSENGER RESTRAINT SYSTEM IN A MOTOR VEHICLE THAT TRANSPORTS A CHILD UNDER SIX YEARS OF AGE, SO AS TO REVISE THE AGES OF CHILDREN THAT MUST BE SECURED BY A CHILD RESTRAINT SYSTEM OR BY A SAFETY BELT; AND TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON CONVICTED OF DUI, SO AS TO REVISE THE PERIOD IN WHICH THE DEPARTMENT OF PUBLIC SAFETY MUST NOTIFY A PERSON WHOSE DRIVER'S LICENSE HAS BEEN SUSPENDED FOR A DUI CONVICTION THAT HE MUST ENROLL IN AN ALCOHOL AND DRUG SAFETY PROGRAM (ADSAP), TO PROVIDE THAT ADSAP SHALL DETERMINE IF A PROGRAM APPLICANT HAS SUCCESSFULLY COMPLETED ITS SERVICES, THAT THE PROGRAMS SHALL BEGIN AT LEAST ONCE A MONTH, AND THAT A PERSON WHOSE LICENSE IS SUSPENDED MUST ATTEND THE FIRST ADSAP AVAILABLE AFTER THE DATE OF HIS ENROLLMENT.
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(R195, H. 3522 (Word version)) -- Rep. Altman: AN ACT TO MAKE FINDINGS WITH RESPECT TO THE SPECIAL NEEDS OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA'S HOSPITALS AND CLINICS; AND TO AMEND SECTION 59-123-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA SHALL BE THE GOVERNING BODY OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS, TO PROVIDE THAT WHEN THE BOARD FUNCTIONS IN ITS CAPACITY AS GOVERNING AUTHORITY OF THE HOSPITAL AND CLINICS, THE BOARD IS DESIGNATED AS THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY, TO PROVIDE FOR THE POWERS AND DUTIES OF THE BOARD ACTING AS THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY, TO PROVIDE THAT REVENUES OF THE MEDICAL UNIVERSITY AND MEDICAL UNIVERSITY HOSPITAL, AND CERTAIN PRACTICE PLAN FUNDS ARE CONSIDERED PUBLIC FUNDS, MUST BE EXPENDED FOR A PUBLIC PURPOSE, AND TO PROVIDE FOR EXPENDITURES WHICH ARE NOT CONSIDERED AS BEING FOR A PUBLIC PURPOSE, TO PROVIDE FOR THE MANNER IN WHICH THE FREEDOM OF INFORMATION ACT APPLIES TO FACULTY PRACTICE PLANS, TO PROHIBIT MEMBERS OF THE BOARD AND OFFICERS AND DEANS OF THE UNIVERSITY INCLUDING A CURRENT OR FORMER PRESIDENT FROM HAVING CERTAIN OWNERSHIP OR FINANCIAL INTERESTS IN BUSINESSES CONTRACTING WITH OR PROPERTY ACQUIRED BY THE UNIVERSITY OR ITS SUBSIDIARIES OR AFFILIATES, AND TO PROVIDE THAT BEGINNING IN FISCAL YEAR 2000-2001, STATE APPROPRIATIONS FOR THE MEDICAL UNIVERSITY FOR SUPPORT OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS SHALL BE REDIRECTED IN A SPECIFIED MANNER.
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(R196, H. 3525 (Word version)) -- Rep. Scott: AN ACT TO AMEND SECTION 38-53-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ASSOCIATED WITH THE PROVISIONS RELATING TO BAIL BONDSMEN AND RUNNERS, SO AS TO REVISE THE DEFINITION OF RUNNER AND TO FURTHER PROVIDE THAT RUNNERS MAY EXECUTE BONDS ON BEHALF OF A LICENSED BONDSMAN WHEN A POWER OF ATTORNEY HAS BEEN RECORDED; TO AMEND SECTION 38-53-200, AS AMENDED, RELATING TO THE SIGNING OF BONDS, SO AS TO PROVIDE THAT A PROFESSIONAL OR SURETY BONDSMAN MAY NOT GIVE POWER OF ATTORNEY TO, OR AUTHORIZE A PERSON TO COUNTERSIGN HIS NAME TO BONDS UNLESS THE AUTHORIZED PERSON IS A LICENSED BONDSMAN OR RUNNER EMPLOYED BY THE BONDSMAN GIVING POWER OF ATTORNEY, AND TO DELETE ONLY THE REQUIREMENT THAT POWERS OF ATTORNEY AND REVOCATIONS OF POWERS OF ATTORNEY ISSUED BY AN INSURER APPOINTING SURETY BONDSMEN BE FILED WITH THE CLERK OF COURT; AND BY ADDING SECTION 38-53-102 SO AS TO PROVIDE THAT THE LICENSE OF A BAIL BONDSMAN, HIS ASSOCIATES, AFFILIATES, OR RUNNERS WHO REFER DEFENDANTS TO A PARTICULAR ATTORNEY OR LAW FIRM MUST BE SUSPENDED.
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(R197, 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 ALLOW THE RUNNING OF RACCOONS AT ANY TIME DURING THE YEAR; AND TO AMEND SECTION 50-11-120 AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO PROVIDE FOR HUNTING OF RACCOON AND OPOSSUM IN GAME ZONE 9 WITH DOGS ONLY FROM AUGUST 15 THROUGH SEPTEMBER 14 AND MARCH 16 THROUGH MAY 14 AND WITH WEAPONS AND DOGS FROM SEPTEMBER 15 THROUGH MARCH 15 AND TO DELETE THE PROHIBITION AGAINST DAYTIME HUNTING OF THEM.
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(R198, H. 3620 (Word version)) -- Reps. J. Smith, Allen, Bailey, Bales, Battle, Bowers, Breeland, J. Brown, T. Brown, Carnell, Cobb-Hunter, Emory, Gourdine, Harris, Hayes, M. Hines, Howard, Inabinett, Jennings, Kennedy, Lee, Lourie, Mack, Maddox, McCraw, M. McLeod, W. McLeod, McMahand, Miller, Moody-Lawrence, Neal, Neilson, Ott, Phillips, Pinckney, Rhoad, Sheheen, Whipper, Wilder, Wilkes, Lloyd, Scott and J. Hines: AN ACT TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 152, SO AS TO ENACT THE "SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS ACT" WHICH IS AN INITIATIVE FOR IMPROVING EARLY CHILDHOOD DEVELOPMENT BY PROVIDING GRANTS TO LOCAL PARTNERSHIPS TO PROVIDE SERVICES AND SUPPORT TO CHILDREN AND THEIR FAMILIES TO ENABLE CHILDREN TO REACH SCHOOL READY TO LEARN; TO ESTABLISH GOALS FOR THIS INITIATIVE; TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE OFFICE IMPLEMENTING AND OPERATING THE INITIATIVE; TO ESTABLISH ELIGIBILITY CRITERIA AND PROGRAM PARAMETERS FOR LOCAL PARTNERSHIPS; AND TO ESTABLISH FISCAL GUIDELINES, CRITERIA FOR LOCAL MATCHING FUNDS, AND EVALUATION REQUIREMENTS FOR LOCAL PARTNERSHIPS; TO AMEND CHAPTER 7, TITLE 20 RELATING TO THE CHILDREN'S CODE BY ADDING ARTICLE 33 SO AS TO ESTABLISH THE SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS BOARD OF TRUSTEES, TO PROVIDE THAT IT SHALL OVERSEE THE FIRST STEPS TO SCHOOL READINESS ACT, AND TO ESTABLISH THE PURPOSES OF THE BOARD, FUNCTIONS, DUTIES, AND FUNDING; TO AMEND SECTION 12-6-5060 RELATING TO DESIGNATING CONTRIBUTIONS TO CERTAIN CHARITABLE FUNDS THROUGH INDIVIDUAL INCOME TAX RETURNS, SO AS TO AUTHORIZE CONTRIBUTIONS TO THE FIRST STEPS TO SCHOOL READINESS; TO ADD SECTIONS 43-1-240 AND 44-1-280 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES AND THE BOARD AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IN ESTABLISHING PRIORITIES AND FUNDING FOR PROGRAMS AND SERVICES WHICH IMPACT ON CHILDREN AND FAMILIES DURING THE FIRST YEARS OF A CHILD'S LIFE, MUST SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT AT THE STATE AND LOCAL LEVELS; AND TO STATE THE INTENT OF THE GENERAL ASSEMBLY THAT STATE AGENCIES SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT.
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(R199, H. 3641 (Word version)) -- Reps. Harrison, Seithel, Altman, Wilkins and Edge: AN ACT TO AMEND CHAPTER 1, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENT, BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE IMPOSITION OF A DEVELOPMENT IMPACT FEE BY A COUNTY OR MUNICIPALITY BY ORDINANCE; TO PROVIDE FOR AN ADVISORY COMMITTEE FOR RECOMMENDING, AND PROCEDURES FOR ADOPTING, LAND USE ASSUMPTIONS, A CAPITAL IMPROVEMENTS PLAN, AND IMPACT FEES; TO PROVIDE FOR COMPUTATION OF THE PROPORTIONATE SHARE OF COSTS OF NEW PUBLIC FACILITIES NEEDED TO SERVE NEW GROWTH AND DEVELOPMENT; AND TO LIMIT THE USES OF THE REVENUE COLLECTED FROM A DEVELOPMENT IMPACT FEE TO APPLICATION TOWARD THE INCREASED COST OF SERVING NEW GROWTH AND DEVELOPMENT; TO AMEND CHAPTER 37, TITLE 5, RELATING TO MUNICIPAL IMPROVEMENT DISTRICTS, SO AS TO ENACT THE MUNICIPAL IMPROVEMENTS ACT OF 1999 TO FURTHER DEFINE THE POWERS OF A MUNICIPAL GOVERNING BODY WITH RESPECT TO FINANCING AND LEVYING ASSESSMENTS UPON THOSE DISTRICTS, TO REQUIRE CONSENT FROM AN AFFECTED COUNTY OR OTHER MUNICIPALITY BEFORE SPENDING REVENUE FOR IMPROVEMENTS LOCATED THERE, AND TO PROHIBIT USE OF RESIDENTIAL PROPERTY IN AN IMPROVEMENT DISTRICT ABSENT WRITTEN CONSENT FROM THE OWNER; AND TO AMEND SECTION 33-45-30, RELATING TO AUTHORITY OF COOPERATIVE ASSOCIATIONS, SO AS TO PROVIDE FOR THE ASSOCIATION OF MEMBERS OF A LIMITED LIABILITY COMPANY AS A COOPERATIVE ASSOCIATION.
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(R200, H. 3696) -- Ways and Means Committee: AN ACT TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 1999 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO PROVIDE CODIFICATION INSTRUCTIONS TO THE CODE COMMISSIONER FOR THE PERMANENT LAW PROVISIONS IN THIS ACT AND TO MAKE THE PROVISIONS OF THIS ACT SEVERABLE IF ANY PORTIONS OF THE ACT ARE FOUND UNCONSTITUTIONAL OR OTHERWISE INVALID; TO AMEND CHAPTER 24, TITLE 59, CODE OF LAW OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL ADMINISTRATORS, BY ADDING SECTION 59-24-65 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF THE SOUTH CAROLINA PRINCIPALS' EXECUTIVE INSTITUTE; TO AMEND SECTION 59-39-105, AS AMENDED, RELATING TO THE STAR DIPLOMA AND SCHOLARSHIP, SO AS TO CHANGE THE NAME OF THE DIPLOMA TO THE "SUPERIOR TECHNOLOGY OR ACADEMIC REQUIREMENTS"; TO AMEND SECTION 59-39-190, RELATING TO THE STAR SCHOLARSHIP, SO AS TO DELETE THE SCHOLARSHIP AND TO AUTHORIZE THE DEPARTMENT OF EDUCATION TO PROMULGATE REGULATIONS FOR THE SUPERIOR TECHNOLOGY OR ACADEMIC REQUIREMENTS DIPLOMA; TO REPEAL SECTION 59-39-180 RELATING TO THE STAR SCHOLARSHIP REQUIREMENTS; TO AMEND SECTION 59-18-500, RELATING TO ACADEMIC PLANS FOR UNDERPERFORMING STUDENTS, SO AS TO PERMIT SCHOOL DISTRICTS TO REQUIRE AN UNDERPERFORMING STUDENT TO ATTEND SUMMER SCHOOL OR PARTICIPATE IN A COMPREHENSIVE REMEDIATION PROGRAM THE FOLLOWING YEAR; TO AMEND SECTION 12-23-810, AS AMENDED, RELATING TO THE ANNUAL TAX ON LICENSED HOSPITALS, SO AS TO INCREASE THE ANNUAL REVENUES OF THE TAX FROM TWENTY-ONE AND ONE-HALF TO TWENTY-NINE AND ONE-HALF MILLION DOLLARS; BY ADDING CHAPTER 40 TO TITLE 48 SO AS TO ENACT THE "SOUTH CAROLINA BEACH RESTORATION AND IMPROVEMENT TRUST ACT" SO AS TO PROVIDE FOR A TRUST FUND FOR PUBLIC BEACH RESTORATION AND MAINTENANCE, IMPROVEMENT AND ENHANCEMENT OF PUBLIC BEACH ACCESS, AND EMERGENCY SUPPORT FOLLOWING SEVERE STORM DAMAGE TO THE BEACH AND DUNES SYSTEM, TO PROVIDE FOR THE FUND'S CAPITALIZATION IN FISCAL YEAR 1999-2000 BY APPROPRIATION FROM THE GENERAL TAX REVENUES IN AN AMOUNT CONSIDERED APPROPRIATE BY THE GENERAL ASSEMBLY AND AN ANNUAL APPROPRIATION OF AN APPROPRIATE AMOUNT AFTER THAT, TO PROVIDE FOR ITS ADMINISTRATION BY THE OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT, AND TO REQUIRE COMPREHENSIVE COLLECTION AND EVALUATION OF DATA CONCERNING EROSION RATES AND HAZARD AREAS OF PUBLIC BEACHES TO BE USED FOR FUNDING PROJECTS FROM THE TRUST FUND; TO AMEND SECTION 12-33-245, RELATING TO THE TWENTY-FIVE CENT EXCISE TAX ON MINIBOTTLES, SO AS TO PROVIDE THAT ELEVEN PERCENT OF THE REVENUES OF THIS TAX MUST BE CREDITED TO A FUND SEPARATE AND DISTINCT FROM THE STATE GENERAL FUND, ALLOCATED TO COUNTIES ON A PER CAPITA BASIS, AND USED IN COMBINATION WITH MONIES FROM THE LOCAL GOVERNMENT FUND FOR EDUCATIONAL PURPOSES PERTAINING TO THE USE OF ALCOHOLIC LIQUORS AND FOR THE REHABILITATION OF ALCOHOLICS AND DRUG ADDICTS; TO AMEND SECTIONS 61-12-10, 61-12-20, AND 61-12-70, RELATING TO DISBURSEMENT OF MONIES FROM THE LOCAL GOVERNMENT FUND TO COUNTIES FOR PROGRAMS FOR ALCOHOLICS, DRUG ABUSERS, AND DRUG ADDICTS, SO AS TO INCLUDE MONIES GENERATED PURSUANT TO SECTION 12-33-245 ABOVE INTO THIS PROGRAM AND ITS DISBURSEMENT PROCEDURES; TO AMEND SECTION 56-1-1330, AS AMENDED, RELATING TO THE REQUIREMENT THAT AN APPLICANT FOR A PROVISIONAL DRIVER'S LICENSE MUST COMPLETE AN ALCOHOL TRAFFIC SAFETY ACTION PROGRAM, SO AS TO DELETE THE PROVISIONS WHICH REQUIRE AN ASSESSMENT OF A PERSON ENROLLED IN THE PROGRAM AND THE COMPLETION OF A TREATMENT PROGRAM, AND DELETE THE PROVISIONS RELATING TO THE ASSESSMENT OF COSTS RELATED TO THE PROGRAM; TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANY OTHER DRUG, SO AS TO PROVIDE THAT THE ALCOHOL AND DRUG ACTION PROGRAM SHALL DETERMINE IF A PERSON WHOSE DRIVER'S LICENSE HAS BEEN SUSPENDED AND IS ENROLLED IN ONE OF ITS ALCOHOL AND DRUG ABUSE PROGRAMS HAS SUCCESSFULLY COMPLETED ITS SERVICES, TO REVISE THE MANNER IN WHICH SERVICES FOR AN APPLICANT ARE DETERMINED, TO REVISE THE SCHEDULE OF FEES THAT A PERSON ENROLLED IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM IS ASSESSED, TO CAP THE FEES FOR VARIOUS TYPES OF SERVICES, TO PROVIDE THAT A PERSON WHO IS UNABLE TO PAY FOR CERTAIN SERVICES MUST PERFORM COMMUNITY SERVICE AND MAY NOT BE DENIED SERVICES, TO PROVIDE THAT INABILITY TO PAY MAY NOT BE USED AS A FACTOR IN DETERMINING SUCCESSFUL COMPLETION OF THE PROGRAM, TO REQUIRE THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES TO REPORT TO THE HOUSE WAYS AND MEANS COMMITTEE THE NUMBER OF FIRST AND MULTIPLE OFFENDERS SUCCESSFULLY COMPLETING THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM AND OTHER INFORMATION ABOUT THE PROGRAM, TO REVISE THE PERIOD IN WHICH A PERSON MUST COMPLETE THE SERVICES DIRECTED BY THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM BEFORE A HEARING ON THE PERSON'S STATUS MUST BE HELD, AND TO DELETE THE PROVISION THAT PROVIDES THAT THE SUCCESSFUL COMPLETION OF EDUCATION, TREATMENT SERVICES, OR BOTH, FOR PURPOSES OF RECEIVING A PROVISIONAL DRIVER'S LICENSE MAY BE SUBSTITUTED IN LIEU OF SERVICES RECEIVED FROM AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO SUSPENSION OF PRIVILEGES TO DRIVE A MOTOR VEHICLE IN THIS STATE, SO AS TO REQUIRE THAT A PERSON BE ENROLLED IN OR HAVE COMPLETED AN ALCOHOL AND DRUG SAFETY PROGRAM BEFORE DRIVING PRIVILEGES CAN BE RESTORED AT THE CONCLUSION OF THE SUSPENSION PERIOD, TO PROVIDE FOR RESTORATION OF A PERSON'S DRIVER'S LICENSE, PERMIT, OR NONRESIDENT OPERATING PRIVILEGE WHEN THE PERSON'S PERIOD OF SUSPENSION HAS CONCLUDED EVEN IF HE HAS NOT COMPLETED THE ALCOHOL AND DRUG SAFETY PROGRAM, TO REQUIRE COMPLETION OF THE ALCOHOL AND DRUG SAFETY PROGRAM, AND TO REQUIRE SUSPENSION OF THE PERSON'S LICENSES UPON WITHDRAWAL FROM THE ALCOHOL AND DRUG SAFETY PROGRAM; TO AMEND SECTION 50-9-510, AS AMENDED, RELATING TO HUNTING AND FISHING LICENSES, SO AS TO INCREASE THE FEE FOR A COMBINATION HUNTING AND FISHING LICENSE FOR RESIDENTS FROM SEVENTEEN DOLLARS TO TWENTY DOLLARS AND TO INCREASE FROM ONE DOLLAR TO TWO DOLLARS THE AMOUNT THAT THE ISSUING AGENT MAY RETAIN AND TO INCREASE THE NONRESIDENTIAL HUNTING LICENSE FEE FROM SEVENTY-FIVE TO ONE HUNDRED DOLLARS; TO AMEND SECTION 50-9-510, AS AMENDED, RELATING TO LICENSES AUTHORIZED FOR SALE, SO AS TO INCREASE THE FEE FOR A SPORTSMAN LICENSE FROM FORTY-FOUR TO FIFTY DOLLARS, AND TO INCREASE THE AMOUNT THAT MAY BE RETAINED BY THE ISSUING AGENT FROM ONE TO TWO DOLLARS; TO AMEND SECTION 50-9-510, AS AMENDED, RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, SO AS TO RAISE THE LICENSE FEE FOR A BIG GAME PERMIT FROM EIGHTY DOLLARS TO EIGHTY-NINE DOLLARS WITH TWO DOLLARS RATHER THAN ONE DOLLAR TO BE RETAINED BY THE ISSUING AGENT; TO AMEND SECTION 50-9-920, AS AMENDED, RELATING TO THE DEPOSIT OF REVENUE FROM THE SALE OF LIFETIME LICENSES IN THE STATE TREASURY, SO AS TO DELETE THE EXCEPTION FOR REVENUE FROM THE SALE OF LICENSES AND PERMITS PURSUANT TO THE MARINE RESOURCES LAWS; TO AMEND SECTION 51-17-115, AS AMENDED, RELATING TO THE ESTABLISHMENT AND ADMINISTRATION OF THE HERITAGE LAND TRUST FUND, SO AS TO DELETE LIMITATIONS ON THE AMOUNT OF MANAGEMENT EXPENDITURES THAT MAY BE MADE FROM THE FUND IN ANY FISCAL YEAR; TO AMEND SECTION 17-3-30, AS AMENDED, RELATING TO THE AFFIDAVIT OF INABILITY TO EMPLOY COUNSEL AND THE WAIVER OR REDUCTION OF THE APPLICATION FEE, SO AS TO PROVIDE THE TRIAL JUDGE SHALL ORDER THE REMAINDER OF THE FEE PAID DURING PROBATION, IF PROBATION IS GRANTED, AND TO PROVIDE FURTHER THAT THE CLERK OF COURT OR OTHER APPROPRIATE OFFICIAL SHALL MAINTAIN A RECORD OF ALL PERSONS APPLYING FOR REPRESENTATION AS AN INDIGENT AND PROVIDE THIS INFORMATION AS WELL AS THE AMOUNT OF FUNDS COLLECTED OR WAIVED TO THE OFFICE OF INDIGENT DEFENSE ON A MONTHLY BASIS; TO AMEND SECTION 23-31-216, RELATING TO THE COLLECTION OF CONCEALABLE WEAPON FEES BY THE STATE LAW ENFORCEMENT DIVISION, SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION SHALL COLLECT, RETAIN, AND CARRY FORWARD ALL FEES ASSOCIATED WITH THE CONCEALABLE WEAPON PERMIT PROGRAM; TO AMEND SECTION 41-27-410, RELATING TO THE EMPLOYMENT SECURITY ADMINISTRATIVE CONTINGENCY ASSESSMENT, SO AS TO PROVIDE THAT THE CONTRIBUTION RATE MEANS THE CONTRIBUTION BASE RATE; TO AMEND SECTION 41-31-10, RELATING TO THE GENERAL RATE OF CONTRIBUTION FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT, FOR CALENDAR YEAR 2000 AND THEREAFTER, EMPLOYERS SUBJECT TO THE PAYMENT OF CONTRIBUTIONS ARE SUBJECT ALSO TO AN ADJUSTMENT OVER AND ABOVE THEIR BASE RATE, IF SO REQUIRED BY SECTION 41-31-80; TO AMEND SECTION 41-31-40, RELATING TO RATE COMPUTATION PERIODS AND THE MINIMUM CONTRIBUTION FOR THE FIRST TWENTY-FOUR MONTHS FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; TO AMEND SECTION 41-31-50, RELATING TO THE DETERMINATION OF RATES AND VOLUNTARY PAYMENTS FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT RATE MEANS BASE RATE, PROVIDE FOR THE SCHEDULE OF DETERMINED RATES FOR CALENDAR YEARS COMMENCING WITH THE YEAR 2000, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 41-31-60, RELATING TO EMPLOYMENT SECURITY, THE APPLICABLE RATE WHERE A DELINQUENT REPORT IS RECEIVED, AND THE PROVISION THAT THERE SHALL BE NO REDUCTION PERMITTED IN THE RATE WHEN EXECUTION FOR THE UNPAID TAX IS OUTSTANDING, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; TO AMEND SECTION 41-31-80, RELATING TO EMPLOYMENT SECURITY AND THE STATEWIDE RESERVE RATIO, SO AS TO PROVIDE THAT, FOR THE BASE RATE COMPUTATIONS MADE FOR YEARS PRIOR TO CALENDAR YEAR 2000, WHEN THE STATEWIDE RESERVE RATIO COMPUTED DURING ANY CALENDAR YEAR EQUALS OR EXCEEDS THREE AND ONE-HALF PERCENT, CONTRIBUTION RATES APPLICABLE TO THE ENSUING CALENDAR YEAR ARE COMPUTED IN ACCORDANCE WITH SECTIONS 41-31-40 AND 41-31-50, AND PROVIDE THAT, FOR THE BASE RATE COMPUTATIONS MADE FOR YEARS COMMENCING WITH CALENDAR YEAR 2000, WHEN THE STATEWIDE RESERVE RATIO COMPUTED DURING ANY CALENDAR YEAR IS LESS THAN TWO PERCENT, ALL CONTRIBUTION BASE RATES AS COMPUTED IN ACCORDANCE WITH SECTIONS 41-31-40 AND 41-31-50 ARE ADJUSTED IN ACCORDANCE WITH THE PROVIDED SCHEDULE; TO AMEND SECTION 41-31-110, RELATING TO EMPLOYMENT SECURITY AND THE COMPUTATION OF RATES APPLICABLE TO SUCCESSORS, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; TO AMEND SECTION 41-31-670, RELATING TO EMPLOYMENT SECURITY, FINANCING BENEFITS PAID TO EMPLOYEES OF NONPROFIT ORGANIZATIONS, AND SPECIAL PROVISIONS FOR ORGANIZATIONS THAT MADE REGULAR CONTRIBUTIONS PRIOR TO JANUARY 1, 1969, SO AS TO PROVIDE THAT EMPLOYER'S RATE MEANS EMPLOYER'S BASE RATE; TO AMEND SECTION 4-12-30, AS AMENDED, RELATING TO ELIGIBILITY FOR THE FEE IN LIEU OF TAXES, SO AS TO REDUCE FROM FIVE MILLION DOLLARS TO ONE MILLION DOLLARS THE MINIMUM INVESTMENT THRESHOLD FOR ELIGIBILITY FOR THE FEE IN A COUNTY WITH AVERAGE UNEMPLOYMENT OF AT LEAST TWICE THE STATE AVERAGE DURING THE LAST TWO CALENDAR YEARS; TO AMEND SECTION 12-44-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO REDUCE FROM FIVE MILLION DOLLARS TO ONE MILLION DOLLARS THE MINIMUM INVESTMENT THRESHOLD FOR ELIGIBILITY FOR THE FEE IN A COUNTY WITH AVERAGE UNEMPLOYMENT OF AT LEAST TWICE THE STATE AVERAGE DURING THE LAST TWO CALENDAR YEARS; BY ADDING SECTION 11-43-255 SO AS TO PROVIDE SIXTEEN MILLION SEVEN HUNDRED THOUSAND DOLLARS OF GENERAL FUND REVENUES ON JULY 1, 2000, AND EACH JULY 1 THEREAFTER, TO THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK IF THE BANK HAS SUBMITTED ALL ITS PROCEDURES, OPERATING STANDARDS, AND GUIDELINES IN THE FORM OF REGULATIONS FOR GENERAL ASSEMBLY REVIEW AND APPROVAL UNDER THE ADMINISTRATIVE PROCEDURES ACT, TO PROVIDE THAT EMERGENCY REGULATIONS MAY NOT BE USED TO CIRCUMVENT THE PROVISIONS OF THIS SECTION, AND TO PROVIDE THAT IF THE REGULATIONS PROMULGATED PURSUANT TO THIS SECTION HAVE NOT TAKEN EFFECT BEFORE JULY 1, 2000, THE PROVISIONS OF THIS SECTION SHALL HAVE NO FORCE OR EFFECT; TO AMEND SECTION 11-43-130, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK ACT, SO AS TO EXTEND THE DEFINITION OF "ELIGIBLE PROJECT" TO MASS TRANSIT, INCLUDING MONORAIL AND MONOBEAM TRANSPORTATION SYSTEMS; TO AMEND SECTION 11-43-140, RELATING TO THE BANK'S BOARD OF DIRECTORS, SO AS TO REQUIRE THE ADVICE AND CONSENT OF THE SENATE TO GUBERNATORIAL APPOINTMENTS OF DIRECTORS; TO AMEND SECTION 11-43-150, RELATING TO THE POWERS OF THE BANK, SO AS TO PROVIDE THAT THE PROVISIONS OF THE ADMINISTRATIVE PROCEDURES ACT APPLY TO THE BANK; TO AMEND SECTION 11-43-160, RELATING TO SOURCES OF FUNDING FOR THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK, SO AS TO REVISE THE CONTRIBUTION TO THE BANK BY THE DEPARTMENT OF TRANSPORTATION FROM A MAXIMUM ANNUAL CONTRIBUTION OF THREE PERCENT OF FUNDS APPROPRIATED FOR THE CONSTRUCTION AND MAINTENANCE OF STATE HIGHWAYS TO AN AMOUNT NOT TO EXCEED THE REVENUE PRODUCED BY ONE CENT A GALLON OF THE TAX ON GASOLINE AND TO DELETE SPECIFIC PURPOSES FOR THE USE OF THE CONTRIBUTION; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A THREE HUNDRED DOLLAR DEDUCTION FOR TAXABLE YEAR 1999 AND A THREE THOUSAND DOLLAR DEDUCTION FOR TAXABLE YEAR 2000 FOR QUALIFYING VOLUNTEER FIREFIGHTERS AND RESCUE SQUAD MEMBERS; TO PROVIDE THE METHOD OF CALCULATING THE MAXIMUM DEDUCTION AMOUNT FOR TAXABLE YEARS AFTER 2000; BY ADDING SECTION 23-9-190 SO AS TO ESTABLISH A PERFORMANCE-BASED POINT SYSTEM FOR VOLUNTEER FIREFIGHTERS AND RESCUE SQUAD MEMBERS UNDER THE ADMINISTRATION OF THE STATE FIRE MARSHAL USED TO DETERMINE ELIGIBILITY FOR THE TAX DEDUCTION ALLOWED BY THIS SECTION; TO AMEND SECTION 12-10-35, RELATING TO THE INCOME TAX MORATORIUM APPLICABLE IN CERTAIN COUNTIES FOR A QUALIFYING BUSINESS, SO AS TO ADD A COUNTY WHICH IS ONE OF THE THREE LOWEST PER CAPITA INCOME COUNTIES BASED ON THE AVERAGE OF SUCH INCOME IN THE THREE MOST RECENT YEARS TO THOSE COUNTIES IN WHICH A QUALIFYING BUSINESS IS ELIGIBLE FOR THE MORATORIUM; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 8, RELATING TO STATE OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-11-186 SO AS TO REQUIRE A STATE AGENCY TO REPORT AN INTERIM NEW FULL-TIME EMPLOYMENT POSITION TO THE APPROPRIATE SENATE FINANCE AND HOUSE OF REPRESENTATIVES WAYS AND MEANS SUBCOMMITTEES; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 8, RELATING TO STATE OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-11-187 SO AS TO REQUIRE A STATE AGENCY TO REPORT A FULL-TIME EMPLOYMENT POSITION TRANSFERRED TO OR RECEIVED FROM ANOTHER STATE AGENCY TO THE APPROPRIATE SENATE FINANCE AND HOUSE OF REPRESENTATIVES WAYS AND MEANS SUBCOMMITTEES; TO AMEND SECTIONS 9-1-1790 AND 9-11-90, BOTH AS AMENDED, RELATING TO THE MAXIMUM AMOUNT WHICH MAY BE EARNED WITHOUT AFFECTING RETIREMENT BENEFITS BY RETIREES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT, SO AS TO PERMANENTLY INCREASE THE MAXIMUM TO TWENTY-FIVE THOUSAND DOLLARS IN A FISCAL YEAR, TO REQUIRE AN EMPLOYER TO REIMBURSE THE SYSTEM FOR BENEFITS WRONGLY PAID TO A RETIREE IF THE EMPLOYER DID NOT NOTIFY THE SYSTEM ON HIRING A RETIREE, TO REQUIRE THE EMPLOYER TO PAY THE EMPLOYER CONTRIBUTIONS ON AMOUNTS PAID TO RETIREES, AND TO DEDUCT UNPAID CONTRIBUTIONS FROM STATE PAYMENTS OTHERWISE DUE THE EMPLOYER IF THE EMPLOYER FAILS TO MAKE THE REQUIRED CONTRIBUTION; TO REPEAL SECTION 9-1-1600 RELATING TO A LIMITED EXEMPTION FROM THE EARNINGS LIMITATION BY A TEACHER OR OTHER EMPLOYEE ESPECIALLY SKILLED IN SCIENTIFIC KNOWLEDGE; TO AMEND SECTION 12-6-1170, AS AMENDED, RELATING TO THE RETIREMENT INCOME DEDUCTION AND THE TAXABLE INCOME DEDUCTION ALLOWED INDIVIDUAL TAXPAYERS WHO HAVE ATTAINED AGE SIXTY-FIVE, SO AS TO INCREASE THE TAXABLE INCOME DEDUCTION ALLOWED INDIVIDUAL TAXPAYERS WHO HAVE ATTAINED AGE SIXTY-FIVE FROM ELEVEN THOUSAND FIVE HUNDRED DOLLARS TO FIFTEEN THOUSAND DOLLARS; TO AMEND SECTION 12-36-90, AS AMENDED, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE STATE SALES AND USE TAX, SO AS TO EXEMPT FROM THAT DEFINITION THE SALES PRICE ON SALES WHICH ARE UNCOLLECTIBLE, TO PROVIDE FOR CREDIT FOR TAXES PAID ON UNCOLLECTIBLE AMOUNTS, AND TO PROVIDE FOR LATER PAYMENT OF TAXES ON AMOUNTS SUBSEQUENTLY COLLECTED; TO AMEND SECTION 43-5-1135, AS AMENDED, RELATING TO THE GOAL TO RECRUIT AND HIRE INTO PUBLIC SECTOR JOBS COVERED BY THE SOUTH CAROLINA RETIREMENT SYSTEM PERSONS RECEIVING FAMILY INDEPENDENCE OR FOOD STAMP ASSISTANCE, SO AS TO REQUIRE AGENCIES TO REPORT THESE HIRES TO THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES RATHER THAN TO THE OFFICE OF HUMAN RESOURCES OF THE STATE BUDGET AND CONTROL BOARD; BY ADDING SECTION 8-19-15 SO AS TO REQUIRE ALL GRANT-IN-AID STATE AGENCIES REQUIRED BY FEDERAL LAW TO OPERATE UNDER MERIT PRINCIPLES IN PERSONNEL POLICIES AS A CONDITION OF RECEIVING FEDERAL GRANTS TO ESTABLISH THOSE MERIT POLICIES AND PROCEDURES NECESSARY TO ENSURE COMPLIANCE WITH THE FEDERAL MERIT PRINCIPLES REQUIREMENTS, TO REPEAL SECTIONS 8-19-10, 8-19-20, 8-19-30, 8-19-40, 8-19-50, 8-19-55, AND 8-19-60, ALL OBSOLETE PROVISIONS RELATING TO THE "SINGLE COOPERATIVE INTERAGENCY MERIT SYSTEM OF PERSONNEL ADMINISTRATION" ESTABLISHED FOR GRANT-AIDED AGENCIES IN THE STATE; BY ADDING SECTION 8-11-197 SO AS TO PROVIDE THAT EMPLOYER-PAID REIMBURSEMENTS OF MILEAGE EXPENSES INCURRED IN THE COURSE OF OFFICIAL BUSINESS BY STATE OFFICERS AND EMPLOYEES MUST BE AT A PER MILE RATE THAT IS EQUAL TO THE STANDARD BUSINESS MILEAGE RATE ESTABLISHED BY THE INTERNAL REVENUE SERVICE AS THAT RATE IS PERIODICALLY ADJUSTED; TO AMEND SECTION 56-1-2070, AS AMENDED, RELATING TO THE PROHIBITION AGAINST AND EXCEPTIONS TO THE PROVISIONS RELATING TO THE DRIVING OF A COMMERCIAL MOTOR VEHICLE WITHOUT A VALID COMMERCIAL DRIVER LICENSE, SO AS TO REVISE THE CIRCUMSTANCES IN WHICH CERTAIN MILITARY PERSONNEL MAY OPERATE A GOVERNMENT-OWNED MOTOR VEHICLE WITHOUT A COMMERCIAL DRIVER LICENSE, AND TO PROVIDE THAT CERTAIN MILITARY PERSONNEL MAY OPERATE A STATE-OWNED MOTOR VEHICLE WITHOUT A COMMERCIAL DRIVER LICENSE; TO AMEND SECTION 59-67-510, RELATING TO THE USE OF SCHOOL BUS EQUIPMENT FOR THE TRANSPORTATION OF INDIVIDUALS FOR SPECIAL EVENTS AND EDUCATIONAL PURPOSES, SO AS TO PROVIDE THAT SCHOOL BUS EQUIPMENT MAY BE USED FOR TRANSPORTATION IN CONNECTION WITH OFFICIAL FUNCTIONS BY THE SOUTH CAROLINA ADJUTANT GENERAL AND THE RESERVE COMPONENTS OF THE UNITED STATES ARMED FORCES AND PROVIDE FOR REIMBURSEMENT FOR THE BUSES USE; BY ADDING SECTION 1-11-115 SO AS TO REQUIRE PROCEEDS OF THE SALE OF REAL PROPERTY TITLED TO OR UNDER THE CARE AND CONTROL OF THE STATE BUDGET AND CONTROL BOARD TO BE DEPOSITED TO THE CREDIT OF THE SINKING FUND AND USED BY THE BOARD TO ACQUIRE AND MAINTAIN FACILITIES OWNED BY IT FOR THE USE AND OCCUPANCY OF STATE DEPARTMENTS AND AGENCIES; TO AMEND SECTION 1-11-720, AS AMENDED, RELATING TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLAN, SO AS TO MAKE ELIGIBLE LEGISLATIVE CAUCUS COMMITTEES AND THEIR EMPLOYEES FOR THESE BENEFITS; BY ADDING SECTION 59-5-135 SO AS TO ESTABLISH WITHIN THE DEPARTMENT OF EDUCATION THE GOVERNOR'S INSTITUTE OF READING AND TO PROVIDE FOR THE FUNCTIONS OF THE INSTITUTE AND ITS FUNDING; BY ADDING SECTION 23-3-175 SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION VEHICLE THEFT UNIT MAY CONDUCT INSPECTIONS OF A JUNKYARD, SCRAP METAL PROCESSING FACILITY, SALVAGE YARD, AND OTHER FACILITIES THAT RELATE TO MOTOR VEHICLES IN THE PRESENCE OF A FACILITY'S EMPLOYEE OR OWNER FOR THE PURPOSE OF LOCATING A STOLEN VEHICLE OR TO INVESTIGATE THE TITLING OR REGISTRATION OF WRECKED OR DISMANTLED VEHICLES; TO AMEND SECTION 50-9-510, AS AMENDED, RELATING TO HUNTING LICENSES AUTHORIZED FOR SALE, SO AS TO PROVIDE FOR A NONRESIDENT TEMPORARY PERMIT, IN ADDITION TO THE REQUIRED HUNTER'S LICENSE FOR HUNTING BIG GAME FOR A CONSECUTIVE TEN-DAY PERIOD, AND TO PROVIDE THAT THE ISSUING AGENT RETAIN ONE DOLLAR OF THE TWENTY-FIVE DOLLAR FEE; TO AMEND SECTION 12-37-251, AS AMENDED, RELATING TO THE PROPERTY TAX RELIEF FUND, SO AS TO REVISE HOW SCHOOL DISTRICTS ARE REIMBURSED FROM THE TRUST FUND FOR TAX RELIEF, INCLUDING A PROVISION FOR REIMBURSEMENT ON A PER CAPITA BASIS, AND THE MEANS OF ALLOCATING REIMBURSEMENT WHEN AMOUNTS AVAILABLE ARE INSUFFICIENT TO PROVIDE A FULL PER CAPITA REIMBURSEMENT; TO PROVIDE FOR THE MANNER IN WHICH DISTRICTS MUST USE THESE FUNDS RECEIVED; TO REQUIRE THE COMPTROLLER GENERAL FROM FUNDS APPROPRIATED IN THE ANNUAL GENERAL APPROPRIATIONS ACT FOR THE OPERATION OF HIS OFFICE TO CALCULATE DISTRIBUTIONS UNDER THIS FORMULA, TO PROVIDE THAT IF THE AMOUNT REIMBURSED TO A SCHOOL DISTRICT IS INSUFFICIENT TO REIMBURSE FULLY FOR THE BASE YEAR OPERATING MILLAGE, THE SCHOOL BOARD SHALL CALCULATE A SCHOOL OPERATING MILLAGE SUFFICIENT TO MAKE UP THE SHORTFALL; AND TO PROVIDE THAT NO DISTRICT SHALL RECEIVE LESS THAN IT RECEIVED DURING THE 1998-99 FISCAL YEAR; TO AMEND SECTION 9-1-1515, RELATING TO EARLY RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEMS, SO AS TO ELIMINATE THE SPECIAL BENEFIT REDUCTION FACTOR APPLIED TO THE BENEFITS PAID AN EARLY RETIREE WHEN THE MEMBER, BEFORE RETIRING, MAKES A LUMP SUM PAYMENT TO THE SYSTEM IN AN AMOUNT EQUAL TO TWENTY PERCENT OF THE MEMBER'S EARNABLE COMPENSATION FOR EACH YEAR OF CREDITABLE SERVICE LESS THAN THIRTY OR THE AVERAGE OF THE MEMBER'S TWELVE HIGHEST CONSECUTIVE FISCAL QUARTERS OF COMPENSATION AT THE TIME OF PAYMENT, WHICHEVER IS LARGER, AND TO REQUIRE THE MEMBER TO RETIRE NOT MORE THAN NINETY DAYS AFTER THE PAYMENT; TO AMEND CHAPTER 4, TITLE 30, RELATING TO THE FREEDOM OF INFORMATION ACT, BY ADDING SECTION 30-4-160 SO AS TO PROHIBIT THE SALE OR OTHER RELEASE OF SOCIAL SECURITY NUMBERS AND DRIVER'S LICENSE OR IDENTIFICATION CARD PHOTOGRAPHS OR SIGNATURES BY THE DEPARTMENT OF PUBLIC SAFETY; BY ADDING SECTION 56-3-545 SO AS TO PROHIBIT THE DEPARTMENT OF PUBLIC SAFETY FROM SELLING OR OTHERWISE FURNISHING SOCIAL SECURITY NUMBERS, PHOTOGRAPHS, OR SIGNATURES FROM ITS RECORDS TO A PRIVATE PARTY; BY ADDING SECTION 23-1-225 SO AS TO PROVIDE THAT UPON RETIREMENT, STATE LAW ENFORCEMENT OFFICERS MAY RETAIN THEIR COMMISSIONS IN RETIRED STATUS WITH THE RIGHT TO RETAIN THEIR SERVICE WEAPONS ISSUED WHILE SERVING IN ACTIVE DUTY STATUS; TO AMEND SECTION 22-3-10, AS AMENDED, RELATING TO CIVIL JURISDICTION IN MAGISTRATES' COURTS, SO AS TO RAISE THE JURISDICTIONAL AMOUNT FROM FIVE THOUSAND DOLLARS TO SEVEN THOUSAND FIVE HUNDRED DOLLARS; TO AMEND SECTION 12-6-2320, AS AMENDED, RELATING TO ALLOCATION AND APPORTIONMENT OF A TAXPAYER'S INCOME AND THE DEPARTMENT OF REVENUE ENTERING INTO AGREEMENTS WITH TAXPAYERS ESTABLISHING SUCH ALLOCATION AND APPORTIONMENT, SO AS TO FURTHER PROVIDE FOR THE CONDITIONS FOR THE AGREEMENTS AND TO ALLOW AGREEMENTS UP TO TEN YEARS IN DURATION UNDER CERTAIN CONDITIONS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO CORRECT A CODE REFERENCE, TO RELOCATE LANGUAGE STIPULATING THAT LIBRARY, CHURCH, AND CHARITABLE PROPERTY TAX EXEMPTIONS DO NOT EXTEND BEYOND THE PROPERTY ACTUALLY OCCUPIED BY THE OWNERS, TO PROVIDE FOR THE PAYMENT OF ACCRUED PROPERTY TAXES ON REAL PROPERTY TRANSFERRED TO A CHURCH IF THAT PROPERTY IS EXEMPT WHEN OWNED BY THE CHURCH, TO PROVIDE FOR THE PROPERTY'S EXEMPTION IMMEDIATELY UPON TRANSFER TO THE CHURCH, TO PROVIDE FOR THE CESSATION OF TRANSFEROR LIABILITY FOR THE TAX WHEN THE TRANSFER OCCURS, TO PROVIDE THE METHOD OF DETERMINING MILLAGE AND THE DUE DATE FOR THE ACCRUED TAXES, TO PROVIDE A LIEN FOR THE COLLECTION OF THE ACCRUED TAX, AND TO MAKE THESE PROVISIONS PERTAINING TO THE TAXATION OF PROPERTY TRANSFERRED TO A CHURCH RETROACTIVE TO PROPERTY TAX YEARS BEGINNING AFTER 1997; TO AMEND SECTION 10-1-179, RELATING TO THE AFRICAN-AMERICAN HISTORY MONUMENT COMMISSION, SO AS TO EXTEND THE DURATION OF THE COMMISSION AND ITS FINAL ACTIVITIES UNTIL JANUARY 1, 2001; BY ADDING SECTION 56-3-2675 SO AS TO DEFINE "MOTOR VEHICLE MANUFACTURER" AND TO PROVIDE THAT A MOTOR VEHICLE MANUFACTURER MAY OBTAIN AND ISSUE TEMPORARY LICENSE PLATES IN THE SAME MANNER AS A MOTOR VEHICLE DEALER; TO AMEND SECTION 56-3-2600, AS AMENDED, RELATING TO THE ISSUANCE OF AND FEE FOR A SET OF TEMPORARY LICENSE PLATES AND REGISTRATION CARDS, SO AS TO REVISE THE FEE; TO AMEND SECTION 56-3-2660, RELATING TO THE PERIOD OF TIME THAT TEMPORARY LICENSE PLATES AND REGISTRATION CERTIFICATES ARE VALID, SO AS TO PROVIDE THAT THE PERIOD OF VALIDITY IS THIRTY DAYS FOR VEHICLES WHICH ARE TO BE PERMANENTLY LICENSED IN A FOREIGN JURISDICTION; TO AMEND SECTION 44-56-170, AS AMENDED, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND AND THE IMPOSITION OF CERTAIN HAZARDOUS WASTE FEES, SO AS TO REVISE THE MANNER IN WHICH THE FUNDS GENERATED FROM THIS FEE ARE USED, TO DEFINE THE PHRASE "ECONOMICALLY DEPRESSED AREA OF THAT COUNTY", AND TO REPEAL CERTAIN HAZARDOUS WASTE FEES EFFECTIVE JULY 1, 2002, UNLESS REENACTED BY SUBSEQUENT ACT OF THE GENERAL ASSEMBLY; TO AMEND SECTION 50-21-160, AS AMENDED, RELATING TO DISPOSITION OF FEES AND FINES COLLECTED IN CONNECTION WITH REGISTRATION OF BOATS, SO AS TO PROVIDE THAT REVENUES ATTRIBUTABLE TO FEE INCREASES BEGINNING JULY 1, 1999, MUST BE USED BY THE DEPARTMENT OF NATURAL RESOURCES FOR LAW ENFORCEMENT; TO AMEND SECTIONS 50-21-340, 50-21-370, AND 50-21-380, ALL AS AMENDED AND ALL RELATING TO REGISTRATION FEES FOR BOATS, SO AS TO INCREASE THE REGISTRATION AND RENEWAL OF REGISTRATION FEES FROM TEN DOLLARS TO THIRTY DOLLARS AND THE TRANSFER OF REGISTRATION FEE FROM THREE TO SIX DOLLARS; TO AMEND SECTION 50-23-70, AS AMENDED, RELATING TO A CERTIFICATE OF TITLE FOR A BOAT, SO AS TO INCREASE THE APPLICATION FEE FROM THREE DOLLARS TO TEN DOLLARS AND THE FEE FOR A TITLE DUPLICATE FROM ONE DOLLAR TO FIVE DOLLARS; TO AMEND SECTION 50-23-220, AS AMENDED, RELATING TO THE DISPOSITION OF FEES COLLECTED IN CONNECTION WITH THE TITLING OF BOATS, SO AS TO PROVIDE THAT REVENUES ATTRIBUTABLE TO FEE INCREASES BEGINNING JULY 1, 1999, MUST BE USED BY THE DEPARTMENT FOR ITS LAW ENFORCEMENT RESPONSIBILITIES AND TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 50-21-10, AS AMENDED, RELATING TO DEFINITIONS IN CONNECTION WITH THE EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO DEFINE 'DEALER PERMIT' AND 'DEMONSTRATION NUMBERS'; BY ADDING SECTION 50-21-35 SO AS TO PROVIDE FOR REGULATION OF THE USE OF DEALER DEMONSTRATION NUMBERS; TO REPEAL SECTION 51-1-75 RELATING TO THE ALLOCATION OF A PORTION OF THE ADMISSIONS TAX TO THE DEPARTMENT; TO AMEND SECTION 12-37-2830, AS AMENDED, RELATING TO DETERMINATION OF VALUE OF A MOTOR CARRIER'S VEHICLES FOR PROPERTY TAX PURPOSES, SO AS TO DELETE THE WORD "ENTIRE" IN DESCRIBING THE CARRIER'S FLEET; TO AMEND SECTION 58-15-2110, RELATING TO THE CONSTRUCTION AND MAINTENANCE OF GRADE CROSSINGS BY RAILROADS, SO AS TO PROVIDE FOR RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH CONSTRUCTION, MODIFICATION, OR RELOCATION OF RAIL-HIGHWAY GRADE CROSSINGS WHEN SUCH RELOCATION PROJECTS ARE INITIATED BY RAILROADS, AND WHEN SUCH RELOCATION PROJECTS ARE INITIATED BY A PUBLIC AUTHORITY; TO AMEND SECTION 58-15-2120, AS AMENDED, RELATING TO THE DEPARTMENT OF TRANSPORTATION MAKING SPECIFICATIONS AND ENTERING INTO AGREEMENTS CONCERNING GRADE CROSSINGS OF STATE HIGHWAYS, SO AS TO ELIMINATE THE REQUIREMENT THAT THE OPERATOR OR A RAILROAD CONSTRUCTING AND MAINTAINING RAILROAD CROSSINGS TO MEET SPECIFICATIONS OF THE DEPARTMENT OF TRANSPORTATION DO SO AT ITS OWN EXPENSE; BY ADDING SECTION 12-37-223 SO AS TO AUTHORIZE A COUNTY GOVERNING BODY BY ORDINANCE TO LIMIT THE INCREASE IN REAL PROPERTY VALUE TO FIFTEEN PERCENT AS THE RESULT OF A COUNTYWIDE REASSESSMENT AND EQUALIZATION PROGRAM AND TO SPECIFY THE APPLICATION OF THIS PROVISION, PROVIDE CERTAIN EXCEPTIONS AND AUTHORIZE THE COUNTY GOVERNING BODY TO MAKE THE ORDINANCE APPLY RETROACTIVELY; TO AMEND SECTION 12-43-217, RELATING TO THE SCHEDULE OF APPRAISAL AND EQUALIZATION OF THE VALUE OF REAL PROPERTY AND THE IMPLEMENTATION OF THE REVISED VALUES RESULTING FROM THE EQUALIZATION PROGRAM FOR PURPOSES OF PROPERTY TAX, SO AS TO ALLOW A COUNTY BY ORDINANCE TO POSTPONE IMPLEMENTATION FOR NOT MORE THAN ONE PROPERTY TAX YEAR AND TO PROVIDE THAT THIS POSTPONEMENT DOES NOT ALTER THE SCHEDULE OF APPRAISAL AND EQUALIZATION; BY ADDING SECTION 15-1-330 SO AS TO PROVIDE THAT A GOVERNMENTAL ENTITY IS NOT LIABLE FOR A LOSS ARISING FROM THE FAILURE OF A COMPUTER, SOFTWARE PROGRAM, DATABASE, NETWORK, INFORMATION SYSTEM, FIRMWARE, OR ANY OTHER DEVICE, WHETHER OPERATED BY OR ON BEHALF OF THE GOVERNMENTAL ENTITY, TO INTERPRET, PRODUCE, CALCULATE, GENERATE, OR ACCOUNT FOR A DATE WHICH IS COMPATIBLE WITH THE "YEAR 2000" DATE CHANGE, AND TO PROVIDE THAT THIS IMMUNITY DOES NOT APPLY TO A GOVERNMENTAL ENTITY WHICH PROGRAMMED AND OPERATED THE DEVICE ITSELF IN A WILFUL, WANTON, RECKLESS, OR GROSSLY NEGLIGENT MANNER THEREBY CAUSING A YEAR 2000 COMPUTER FAILURE; TO AMEND ACT 419 OF 1998, RELATING TO THE ADDITION OF SECTION 57-7-37 TO THE 1976 CODE WHICH PROHIBITED THE IMPOSITION OF TAXES AND FEES ON THE GROSS RECEIPTS OF CERTAIN COMPETITIVE SPORTS EXHIBITIONS OR PERFORMANCES, SO AS TO EXTEND THE REPEAL DATE FROM JULY 30, 1999, TO JULY 30, 2000; TO AMEND SECTION 1-30-25, RELATING TO ENTITIES ADMINISTERED BY THE DEPARTMENT OF COMMERCE, SO AS TO INCLUDE THE SOUTH CAROLINA FILM OFFICE; TO AMEND SECTION 1-30-80, RELATING TO ENTITIES ADMINISTERED AS A PART OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO DELETE THE FILM OFFICE OF THE STATE DEVELOPMENT BOARD; TO REPEAL ARTICLE 5, CHAPTER 1, TITLE 51 RELATING TO THE FILM OFFICE AS A DIVISION OF THE STATE DEPARTMENT OF PARKS, RECREATION AND TOURISM; TO AMEND SECTION 12-6-3385, RELATING TO ELIGIBILITY FOR THE TUITION TAX CREDIT, SO AS TO REVISE THE NUMBER OF CREDIT HOURS NECESSARY FOR THE TUITION TAX CREDIT FROM FIFTEEN CREDIT HOURS A SEMESTER TO THIRTY CREDIT HOURS A YEAR, AND TO PROVIDE THAT A STUDENT WHO HAS BEEN ADJUDICATED DELINQUENT OR HAS BEEN CONVICTED OR PLED GUILTY OR NOLO CONTENDERE TO AN ALCOHOL OR DRUG RELATED MISDEMEANOR OFFENSE IS INELIGIBLE ONLY FOR THE TAXABLE YEAR IN WHICH THE ADJUDICATION, CONVICTION, OR PLEA OCCURRED; TO AMEND SECTION 59-149-90, RELATING TO LIFE SCHOLARSHIP ELIGIBILITY, SO AS TO PROVIDE THAT A STUDENT WHO HAS BEEN ADJUDICATED DELINQUENT OR HAS BEEN CONVICTED OR PLED GUILTY OR NOLO CONTENDERE TO AN ALCOHOL OR DRUG RELATED MISDEMEANOR OFFENSE IS INELIGIBLE ONLY FOR ONE CALENDAR YEAR AFTER THE ADJUDICATION, CONVICTION, OR PLEA OCCURRED; TO AMEND SECTION 59-18-1530, RELATING TO TEACHER AND PRINCIPAL SPECIALISTS AND THE SALARY SUPPLEMENTS RECEIVED BY THEM, SO AS TO DELETE LANGUAGE RELATING TO THE INCLUSION OF THE SUPPLEMENT IN THE COMPUTATION OF AVERAGE FINAL COMPENSATION FOR RETIREMENT PURPOSES; TO AMEND SECTION 8-11-40, AS AMENDED, RELATING TO STATE EMPLOYEE SICK LEAVE, SO AS TO EXPAND THE DEFINITION OF "IMMEDIATE FAMILY" TO INCLUDE THE BROTHER, SISTER, OR GRANDPARENT OF AN EMPLOYEE OR AN EMPLOYEE'S SPOUSE; TO AMEND SECTION 59-123-60, RELATING TO THE ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SO AS TO AUTHORIZE THE BOARD TO MAKE CONTRACTS AND TO PURCHASE, SELL, OR LEASE REAL AND PERSONAL PROPERTY FOR ITS AUTHORIZED PURPOSES UNDER CERTAIN CONDITIONS; BY ADDING SECTION 9-1-1795 SO AS TO PROVIDE THAT THE LIMITATION ON THE AMOUNT OF EARNINGS IN A FISCAL YEAR A RETIREE MAY RECEIVE FROM A COVERED EMPLOYER UNDER THE STATE RETIREMENT SYSTEM WITHOUT LOSS OF RETIREMENT BENEFITS DOES NOT APPLY TO THE EARNINGS OF A RETIRED CERTIFIED TEACHER WHO IS EMPLOYED BY A SCHOOL DISTRICT TO TEACH IN THE CLASSROOM IN HIS AREA OF CERTIFICATION IN A CRITICAL ACADEMIC OR GEOGRAPHIC NEED AREA AS DEFINED BY THE STATE BOARD OF EDUCATION, AND TO PROVIDE A PROCEDURE BY WHICH A RETIRED TEACHER MAY BE EMPLOYED; TO NAME THE BRIDGE TO BE BUILT REPLACING THE JOHN P. GRACE BRIDGE AND THE SILAS N. PEARMAN BRIDGE IN CHARLESTON COUNTY THE "ARTHUR RAVENEL, JR. BRIDGE", AND TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL ERECT SUCH SIGNS AS APPROPRIATE TO DESIGNATE AND NAME THE NEW BRIDGE OVER THE COOPER RIVER AS THE "ARTHUR RAVENEL, JR. BRIDGE"; TO AMEND CHAPTER 11, TITLE 1, RELATING TO THE GENERAL PROVISIONS CONCERNING THE BUDGET AND CONTROL BOARD, BY ADDING SECTION 1-11-480 SO AS TO AUTHORIZE THE BOARD TO HIRE CONSULTANTS OR A MANAGEMENT FIRM TO ASSIST IN THE ADMINISTRATION OF THE UNEMPLOYMENT COMPENSATION PROGRAM FOR STATE EMPLOYEES, TO AUTHORIZE THE BOARD TO TRANSFER FUNDS FOR THIS PURPOSE, AND TO REQUIRE THE BOARD TO ANNUALLY REPORT TO THE GENERAL ASSEMBLY ON THE PAYMENTS TO THE CONSULTANTS OR MANAGEMENT FIRM; TO AMEND SECTION 56-3-840, RELATING TO DELINQUENT MOTOR VEHICLE REGISTRATION AND LICENSING PENALTY FEES, SO AS TO INCREASE THE PENALTY FEES ASSOCIATED WITH DELINQUENT REGISTRATION AND LICENSING OF A MOTOR VEHICLE, AND TO AUTHORIZE THE RETENTION OF ADDITIONAL MONIES COLLECTED FOR THE PURPOSE OF PROVIDING A BUILDING FUND FOR THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 1-11-720, RELATING TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO EXTEND ELIGIBILITY TO THE SOUTH CAROLINA STATE EMPLOYEES' ASSOCIATION, THE PALMETTO STATE TEACHERS' ASSOCIATION, THE SOUTH CAROLINA EDUCATION ASSOCIATION, THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS, AND THE SOUTH CAROLINA SCHOOL BOARDS ASSOCIATION; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CLASSIFICATION AND THE APPLICABLE ASSESSMENT RATIO OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO PROVIDE THAT OWNER-OCCUPIED RESIDENTIAL PROPERTY RECEIVING THE FOUR PERCENT ASSESSMENT RATIO RETAINS THAT ASSESSMENT RATIO, THE RESIDENTIAL EXEMPTION FROM SCHOOL OPERATING MILLAGE, AND THE HOMESTEAD EXEMPTION, IF APPLICABLE, FOR THE ENTIRE YEAR IN WHICH THE OWNERSHIP OR USE OF SUCH PROPERTY CHANGES AND TO MAKE CONFORMING AMENDMENTS; TO AMEND SECTION 12-4-320, AS AMENDED, RELATING TO PERMISSIVE POWERS AND DUTIES OF THE TAX COMMISSION, SO AS TO PROVIDE FOR THE PRESCRIPTION OF TEMPORARY RULES IN THE EVENT OF DAMAGE CAUSED BY WAR, TERRORISM, OR NATURAL DISASTER OR HAZARDOUS MILITARY DUTY; TO AMEND ARTICLE 25, CHAPTER 6, TITLE 12, RELATING TO STATE INCOME TAX CREDITS, BY ADDING SECTION 12-6-3520 SO AS TO ESTABLISH AN INCOME TAX CREDIT FOR COSTS INCURRED BY A TAXPAYER FOR HABITAT MANAGEMENT OR CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS ON REAL PROPERTY DESIGNATED BY THE DEPARTMENT OF NATURAL RESOURCES AS CRITICAL HABITAT FOR THREATENED OR ENDANGERED SPECIES; TO AMEND CHAPTER 15, TITLE 50, RELATING TO NONGAME AND ENDANGERED SPECIES, BY ADDING SECTION 50-15-55 SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES SHALL PROMULGATE REGULATIONS ADDRESSING CRITERIA FOR DESIGNATING LAND AS CERTIFIED MANAGEMENT AREA FOR ENDANGERED SPECIES OR SPECIES IN NEED OF PROTECTION TO QUALIFY FOR THE CREDIT ALLOWED BY THIS SECTION AND ALLOW PERIODIC REVIEW OF THE POPULATIONS OF SPECIES AND CRITERIA FOR CERTIFIED MANAGEMENT AREAS; BY ADDING SECTION 59-139-11 SO AS TO PROVIDE THAT A SCHOOL ACCREDITED BY THE SOUTHERN ASSOCIATION OF COLLEGES AND SCHOOLS MAY SUBSTITUTE THE SACS PLAN FOR THE COMPREHENSIVE PLAN AND ANNUAL UPDATES REQUIRED BY THE EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE ACT AND EDUCATION ACCOUNTABILITY ACT, AND PROVIDE THAT THE REVIEW CYCLE OF A DISTRICT MAY BE ADJUSTED TO COINCIDE WITH THE SACS REVIEW CYCLE OF ITS SCHOOLS; BY ADDING SECTION 17-25-137 SO AS TO PROVIDE THAT A COURT THAT IMPOSES AN ALTERNATIVE SENTENCE UPON A DEFENDANT IS NOT LIABLE FOR ANY INJURIES SUSTAINED BY THE DEFENDANT WHILE THE DEFENDANT COMPLETES HIS SENTENCE; BY ADDING SECTION 56-1-395 SO AS TO PROVIDE THAT THE REINSTATEMENT FEE FOR A DRIVER'S LICENSE WHICH HAS BEEN SUSPENDED MUST BE REFUNDED UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED BECAUSE OF THE FAILURE TO PAY A FINE IMPOSED PURSUANT TO A TRAFFIC VIOLATION, AND WHO IS SUBSEQUENTLY ISSUED A CITATION FOR DRIVING UNDER SUSPENSION IN THIS STATE, MUST NOT BE TAKEN INTO CUSTODY IF THE SOLE BASIS FOR THE SUSPENSION IS THE FAILURE TO PAY THE FINE FOR THE TRAFFIC VIOLATION; TO AMEND SECTION 60-11-40, AS AMENDED, RELATING TO THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY, SO AS TO PROVIDE THAT THE PRESIDENT OF THE UNIVERSITY SOUTH CAROLINIANA SOCIETY SHALL SERVE AS A NON-EX OFFICIO MEMBER OF THE COMMISSION; TO AMEND SECTION 50-21-136, RELATING TO NO WAKE ZONES ON CERTAIN CREEKS AND COVES ON HILTON HEAD ISLAND AND ON THE NEW RIVER IN BEAUFORT COUNTY, SO AS TO CORRECT A DIRECTIONAL REFERENCE; TO AMEND SECTION 56-1-440, RELATING TO PENALTIES FOR DRIVING WITHOUT A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A CHARGE OF DRIVING A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE MUST BE DISMISSED UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-10-225, RELATING TO PROOF OF INSURANCE AND FINANCIAL RESPONSIBILITY FOR A MOTOR VEHICLE, SO AS TO PROVIDE THAT A CHARGE OF FAILING TO MAINTAIN PROOF THAT A MOTOR VEHICLE IS INSURED MUST BE DISMISSED UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-1-365, AS AMENDED, RELATING TO THE SURRENDER OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT AT THE TIME A PERSON SURRENDERS A DRIVER'S LICENSE TO A CLERK OF COURT OR MAGISTRATE, HE ALSO MAY PAY THE FEE REQUIRED TO HAVE HIS DRIVER'S LICENSE REINSTATED; TO AMEND SECTION 56-1-390, AS AMENDED, RELATING TO THE FEE FOR REINSTATEMENT OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE REINSTATEMENT FEE MAY BE PAID TO THE CLERK OF COURT UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTIONS 20-7-420, 20-7-1315, AS AMENDED, AND 20-7-1440, AS AMENDED, RELATING TO COLLECTION OF CHILD SUPPORT, SO AS TO PROVIDE FOR A CENTRALIZED SYSTEM FOR THE COLLECTION OF WAGE WITHHOLDING; TO AMEND SECTIONS 20-1-220, AS AMENDED, 20-3-235, 20-7-853, 20-7-854, AND 20-7-949, 20-7-957, 44-7-77, 44-63-75, ALL AS AMENDED, AND 43-5-595 AND 43-5-596, RELATING TO THE USE OF SOCIAL SECURITY NUMBERS IN CHILD SUPPORT ENFORCEMENT, SO AS TO PROVIDE FOR THE USE OF ALIEN IDENTIFICATION NUMBERS IN CHILD SUPPORT ENFORCEMENT; TO AMEND SECTION 20-7-941, AS AMENDED, RELATING TO THE MEANINGS OF RELEVANT CHILD SUPPORT TERMS, SO AS TO DEFINE "DIRECTOR" AND TO REDEFINE "COMPLIANCE WITH AN ORDER OF SUPPORT" AND "LICENSING ENTITY" AND TO PROVIDE A DEFINITION FOR "DIRECTOR"; TO AMEND SECTIONS 20-7-942 AND 20-7-945, AS AMENDED, RELATING TO THE LICENSE REVOCATION PROGRAM, SO AS TO DECREASE THE TIME FOR REVOCATION FROM NINETY DAYS TO FORTY-FIVE DAYS AND TO REQUIRE THE COURT TO FILE AN AGREEMENT ESTABLISHING AN ARREARAGE PAYMENT SCHEDULE WHICH THEN HAS THE FORCE AND EFFECT OF LAW; TO AMEND SECTION 20-7-1130, AS AMENDED, RELATING TO ENFORCEMENT OF SUPPORT AND INCOME WITHHOLDING ORDERS, SO AS TO CREATE DISCRETION IN THE USE OF ADMINISTRATIVE PROCEDURES; TO AMEND SECTION 20-7-1295, AS AMENDED, RELATING TO ADMINISTRATIVE LIENS, SO AS TO PROVIDE THAT LIENS CREATED UNDER THIS SECTION MAY BE MAINTAINED BY THE REGISTER OF DEEDS UNDER ESTABLISHED LOCAL PROCEDURES, AND TO PROVIDE FOR THE USE OF ALIEN IDENTIFICATION NUMBERS IN CHILD SUPPORT ENFORCEMENT; TO AMEND SECTION 43-5-585, AS AMENDED, RELATING TO REPORTING ARREARAGES TO CONSUMER CREDIT REPORTING AGENCIES, SO AS TO PROVIDE FOR REPORTING WHEN AN ARREARAGE IS EQUAL TO OR GREATER THAN ONE THOUSAND DOLLARS; TO AMEND SECTION 43-5-598, AS AMENDED, RELATING TO NEW HIRE REPORTING, SO AS TO PROVIDE IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR EMPLOYERS; AND TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO ESTABLISH AND OPERATE THE CENTRALIZED SYSTEM FOR THE COLLECTION OF WAGE WITHHOLDING FROM FUNDS APPROPRIATED TO THE DEPARTMENT FOR CHILD SUPPORT ENFORCEMENT; TO AMEND SECTION 16-11-700, AS AMENDED, RELATING TO THE OFFENSE OF DUMPING LITTER OR OTHER SOLID WASTE ON PUBLIC OR PRIVATE PROPERTY, SO AS TO INCREASE THE MONETARY FINE FOR DUMPING LITTER OR SOLID WASTE IN AN AMOUNT LESS THAN FIFTEEN POUNDS IN WEIGHT OR TWENTY-SEVEN CUBIC FEET IN VOLUME AND FOR THE DEPOSIT OF A COLLECTION OF LITTER OR GARBAGE IN AN AREA OR FACILITY NOT INTENDED FOR PUBLIC DEPOSIT OR GARBAGE, AND TO PROVIDE THAT A PORTION OF THE FINE MUST BE DEPOSITED IN THE STATE'S GENERAL FUND AND USED BY THE OFFICE OF THE GOVERNOR TO FUND A LITTER CONTROL CAMPAIGN; TO PROVIDE THAT IF A FAILURE OF A COMPUTER, SOFTWARE PROGRAM, OR OTHER RELATED COMPUTER DEVICE RESULTING FROM A "YEAR 2000" DATE CHANGE CAUSES A NOTICE OR BILLS, ISSUED BY THE STATE OR A POLITICAL SUBDIVISION OF THE STATE, TO BE MAILED OR FORWARDED LATE OR UNTIMELY PROVIDED TO A TAXPAYER, THE TAXPAYER MAY NOT BE PENALIZED OR ASSESSED ANY PENALTIES OR INTEREST FOR MAKING A LATE PAYMENT; BY ADDING SECTION 12-37-2735 SO AS TO PROVIDE FOR A PERSONAL PROPERTY TAX RELIEF FUND OF NOT MORE THAN NOR LESS THAN TWENTY MILLION DOLLARS FOR A FISCAL YEAR TO REDUCE AD VALOREM TAX ON PERSONAL MOTOR VEHICLES, TO PROVIDE FOR THE DISTRIBUTION OF THE REVENUES OF THE FUND, AND TO REQUIRE THE AMOUNTS DISTRIBUTED TO BE USED TO REDUCE PROPERTY TAXES ON PERSONAL MOTOR VEHICLES; AND TO APPROPRIATE SURPLUS REVENUES FOR THE OPERATION OF STATE GOVERNMENT AND PROVIDE FOR THE EXPENDITURE OF THESE SURPLUS REVENUES.
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(R201, H. 3697 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1998-99.
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(R202, H. 3698 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-223 SO AS TO AUTHORIZE A COUNTY GOVERNING BODY BY ORDINANCE TO LIMIT THE INCREASE IN REAL PROPERTY VALUE TO FIFTEEN PERCENT AS THE RESULT OF A COUNTYWIDE REASSESSMENT AND EQUALIZATION PROGRAM AND TO SPECIFY THE APPLICATION OF THIS PROVISION, PROVIDE CERTAIN EXCEPTIONS AND AUTHORIZE THE COUNTY GOVERNING BODY TO MAKE THE ORDINANCE APPLY RETROACTIVELY; AND TO PROVIDE THAT THE VERSION OF SECTION 12-37-223 AS ADDED BY THIS ENACTMENT IS DEEMED THE LATEST ENACTMENT OF THIS SECTION DURING THE 1999 LEGISLATIVE SESSION.
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(R203, H. 3759 (Word version)) -- Reps. Cobb-Hunter, Wilkins, Seithel, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cooper, Cotty, Dantzler, Davenport, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harvin, Haskins, Hawkins, Hayes, J. Hines, Hinson, Howard, Inabinett, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Martin, Mason, McCraw, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Sharpe, Simrill, D. Smith, F. Smith, R. Smith, Stille, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: AN ACT TO AMEND TITLE 15, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON CIVIL ACTIONS, BY ADDING ARTICLE 2 SO AS TO ENACT THE YEAR 2000 COMMERCE PROTECTION ACT IN ORDER TO PROVIDE FOR THE RECOVERY OF A CLAIM FOR A PERSON WHO SUFFERS AN ECONOMIC LOSS AS A RESULT OF THE YEAR 2000 PROBLEM.
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(R204, H. 3833 (Word version)) -- Rep. Robinson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-75 SO AS TO PROVIDE FOR ELECTRONIC COLLECTION OF REVENUES BY A STATE AGENCY PURSUANT TO A CONTRACT NEGOTIATED AND ENTERED INTO BY THE STATE TREASURER ON BEHALF OF THE AGENCY; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM PROPERTY TAXES, SO AS TO INCLUDE CERTAIN REAL PROPERTY HELD BY CHARITABLE TRUSTS AND FOUNDATIONS FOR HISTORIC PRESERVATION OF FORTS AND BATTLEGROUNDS.
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(R205, H. 3904 (Word version)) -- Rep. Lanford: AN ACT TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 153 SO AS TO PROVIDE FOR THE INVESTMENT OF ENDOWMENT FUNDS OF STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING, PROVIDE FOR DEFINITIONS, FIDUCIARY DUTIES, INVESTMENT PLANS, AND RESPONSIBILITIES, PROVIDE FOR THE USE OF AN ANNUAL PLAN SUBMITTED BY THE STATE RETIREMENT SYSTEM INVESTMENT PANEL IN DETERMINING EACH INSTITUTION'S INVESTMENT PLAN, TO DESIGNATE THE BOARD OF TRUSTEES OF EACH INSTITUTION OF HIGHER LEARNING AS TRUSTEE FOR THE FUNDS HELD BY THE STATE TREASURER AND THE STATE TREASURER AS THE AGENT OF EACH TRUSTEE FOR THE PURPOSE OF CARRYING OUT THE APPROVED INVESTMENT PLAN OF EACH RESPECTIVE INSTITUTION OF HIGHER LEARNING, PROVIDE FOR THE TRUSTEE'S POWERS AND DUTIES, PROVIDE FOR CERTAIN INVESTMENT CONSIDERATIONS WHICH MUST BE FOLLOWED BY THE TRUSTEE, AND PROVIDE FOR THE LIABILITY OF A TRUSTEE WHO BREACHES HIS DUTY IMPOSED BY CHAPTER 153 OF TITLE 59; BY ADDING SECTIONS 11-5-245 AND 11-5-260 SO AS TO PROVIDE FOR REPORTS FROM THE STATE TREASURER TO THE RESPECTIVE BOARDS OF TRUSTEES ON A PERIODIC BASIS, AND TO AUTHORIZE THE STATE TREASURER TO INVEST THESE ENDOWMENT FUNDS HELD BY HIM IN EQUITY SECURITIES FOR EACH RESPECTIVE INSTITUTION AS DIRECTED BY ITS BOARD OF TRUSTEES; AND TO AMEND SECTIONS 30-4-40 AND 30-4-70, BOTH AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE AND MEETINGS WHICH MAY BE CLOSED FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT RECORDS RELATING TO INVESTMENTS OR OTHER FINANCIAL MATTERS OF THE ENDOWMENT INVESTMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES AND TO ALLOW THE RESPECTIVE BOARDS OF TRUSTEES MEETING AS TRUSTEES OF THE RESPECTIVE ENDOWMENT FUNDS TO MEET IN EXECUTIVE SESSION IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.
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(R206, H. 3963 (Word version)) -- Rep. Quinn: AN ACT TO PROVIDE FOR AN EQUIVALENT MILLAGE CALCULATION TO BE USED TO COMPUTE AD VALOREM PROPERTY TAXES IN TAXING DISTRICTS LOCATED IN RICHLAND-LEXINGTON SCHOOL DISTRICT 5 IN WHICH PROPERTY TAX EQUALIZATION AND REASSESSMENT IS OCCURRING, AND TO PROVIDE FOR THE MANNER IN WHICH THE EQUIVALENT MILLAGE SHALL BE CALCULATED IN THESE TAXING DISTRICTS FOR PURPOSES OF THE TRUST FUND FOR TAX RELIEF.
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(R207, H. 4000 (Word version)) -- Reps. Hamilton, Wilkins, Townsend, Altman, Bales, Battle, Barrett, Beck, G. Brown, H. Brown, Canty, Carnell, Clyburn, Cooper, Cotty, Dantzler, Davenport, Easterday, Emory, Gilham, Gourdine, Harrell, Hayes, J. Hines, M. Hines, Hinson, Jennings, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Lee, Limehouse, Littlejohn, Maddox, Martin, Mason, McCraw, McGee, Miller, Parks, Phillips, Rodgers, Sandifer, D. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Vaughn, Young-Brickell and Simrill: AN ACT TO DIRECT THE STATE BOARD OF EDUCATION THROUGH THE DEPARTMENT OF EDUCATION TO ESTABLISH A TASK FORCE TO MAKE RECOMMENDATIONS FOR PURSUING STATEWIDE WAIVERS FOR THE SIX FEDERAL EDUCATION PROGRAMS AND ESTABLISHING A STATE EDUCATION FLEXIBLITY PROGRAM AND REPORT NO LATER THAN DECEMBER 1, 1999, TO THE SENATE EDUCATION COMMITTEE AND THE HOUSE EDUCATION AND PUBLIC WORKS COMMITTEE.
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(R208, H. 4087 (Word version)) -- Rep. Wilder: AN ACT TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS, CHANGE A MAP REFERENCE ON WHICH THESE PRECINCTS ARE DELINEATED, CORRECT A REFERENCE TO THE REGISTRATION AND ELECTIONS COMMISSION FOR LAURENS COUNTY, AND PROVIDE THAT POLLING PLACES FOR THESE PRECINCTS MUST BE ESTABLISHED BY THE REGISTRATION AND ELECTIONS COMMISSION FOR LAURENS COUNTY WITH THE APPROVAL OF THE LAURENS COUNTY LEGISLATIVE DELEGATION.
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(R209, H. 4110 (Word version)) -- Rep. Campsen: AN ACT TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT THE "SOUTH CAROLINA BOATING REFORM AND SAFETY ACT OF 1999"; TO AMEND SECTION 50-21-10, AS AMENDED, RELATING TO THE EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE FOR DEFINITIONS; TO AMEND SECTION 50-21-110, AS AMENDED, RELATING TO NEGLIGENT OPERATION OF BOATS OR SIMILAR DEVICES, SO AS TO DEFINE NEGLIGENT OPERATION OF A WATERCRAFT AND PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING SECTION 50-21-111 SO AS TO PROVIDE THAT NO PERSON MAY OPERATE OR DIRECT THE OPERATION OF A VESSEL OR USE WATER SKIS OR SIMILAR WATER DEVICES WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR ANY COMBINATION THEREOF, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-112, AS AMENDED, RELATING TO USE OF A VESSEL OR WATER DEVICE, SO AS TO PROVIDE FOR THE OFFENSE OF CAUSING INJURY OR DEATH WHILE OPERATING A VESSEL OR USING A WATER DEVICE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, AND TO PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING SECTION 50-21-113 SO AS TO PROVIDE FOR THE OFFENSE OF RECKLESS OPERATION OF A VESSEL OR WATER DEVICE, AND TO PROVIDE PENALTIES; TO AMEND SECTION 50-21-114, AS AMENDED, RELATING TO OPERATION OF A VESSEL OR MANIPULATION OF A WATER DEVICE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT A PERSON ARRESTED FOR OPERATING A VESSEL OR MANIPULATING A WATER DEVICE IN THE WATERS OF THIS STATE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS IS CONSIDERED TO HAVE GIVEN HIS CONSENT TO ONE OR A COMBINATION OF CHEMICAL TESTS TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS, AND TO PROVIDE PENALTIES FOR THE REFUSAL TO TAKE THE CHEMICAL TESTS REQUIRED BY THE ARRESTING OFFICER; TO AMEND SECTION 50-21-115, AS AMENDED, RELATING TO RECKLESS HOMICIDE BY OPERATION OF A BOAT, SO AS TO INCREASE THE PERMISSIBLE TERM OF IMPRISONMENT FROM FIVE YEARS TO TEN YEARS; BY ADDING SECTION 50-21-116 SO AS TO PROVIDE THAT A PERSON MUST SUBMIT TO ONE OR A COMBINATION OF TESTS WHEN THERE IS PROBABLE CAUSE TO BELIEVE THAT A PERSON WHO VIOLATED OR IS UNDER ARREST FOR OPERATING A WATERCRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF ALCOHOL AND DRUGS; BY ADDING SECTION 50-21-117 SO AS TO PROVIDE FOR THE OFFENSES OF OPERATING A VESSEL UNDER SUSPENSION AND USING A WATER DEVICE UNDER SUSPENSION, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-120, AS AMENDED, RELATING TO THE DUTY OF A BOAT LIVERY, SO AS TO PROVIDE THAT THE OWNER OF A BOAT LIVERY, HIS AGENT, AND EMPLOYEES, MUST NOT PERMIT A VESSEL TO DEPART FROM HIS PREMISES UNLESS IT IS IN SOUND AND SAFE OPERATING CONDITION, HAVE A VALID REGISTRATION, BE PROPERLY NUMBERED AND TITLED IN THIS STATE; TO AMEND SECTION 50-21-130, AS AMENDED, RELATING TO THE DUTIES OF VESSEL OPERATORS INVOLVED IN A COLLISION, ACCIDENT, OR OTHER CASUALTY, SO AS TO PROVIDE FOR THE OFFENSE OF FAILURE TO STOP WHEN INJURY, GREAT BODILY INJURY, OR DEATH RESULTS FROM A COLLISION, ACCIDENT, OR OTHER CASUALTY, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-150, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF CHAPTER 21, TITLE 50, SO AS TO PROVIDE FOR PENALTIES FOR VIOLATIONS OF THE CHAPTER WHERE PENALTIES ARE NOT SPECIFIED; TO AMEND SECTION 50-21-320, AS AMENDED, RELATING TO VESSELS THAT NEED NOT BE NUMBERED, SO AS TO PROVIDE WHEN CERTAIN VESSELS COVERED BY A CERTIFICATE OR NUMBER IN EFFECT THAT IS ISSUED PURSUANT TO FEDERAL LAW OR A FEDERAL NUMBERING SYSTEM NEED NOT BE NUMBERED IN THIS STATE; TO AMEND SECTION 50-21-710, AS AMENDED, RELATING TO AIDS TO NAVIGATION, NEGLIGENT OPERATION, AND PROHIBITED ACTS, SO AS TO PROVIDE THAT OPERATION OF ANY VESSEL WITHIN A PROHIBITED AREA IS NEGLIGENT OPERATION; TO AMEND SECTION 50-21-870, AS AMENDED, RELATING TO PERSONAL WATERCRAFT AND BOATING SAFETY, SO AS TO DELETE CERTAIN PROVISIONS; TO AMEND SECTION 50-23-70, AS AMENDED, RELATING TO APPLICATION FOR CERTIFICATES OF TITLE, SO AS TO INCREASE THE APPLICATION FEES AND PROVIDE FOR AN EXEMPTION FOR WATERCRAFT PROPELLED BY HAND WITH OAR, PADDLE, OR SIMILAR DEVICE; TO AMEND SECTION 50-23-210, AS AMENDED, RELATING TO CERTIFICATES OF TITLE TO WATERCRAFT, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY REVOKE A CERTIFICATE OF TITLE UPON NOTICE AND THE OPPORTUNITY FOR A HEARING, AND THAT THE DEPARTMENT MAY SEIZE REVOKED CERTIFICATES THAT ARE NOT RETURNED TO THE DEPARTMENT; BY ADDING SECTION 50-23-215 SO AS TO PROVIDE THAT THE OWNER OF A VESSEL NUMBERED OR DOCUMENTED IN THIS STATE MUST FURNISH THE DEPARTMENT OF NATURAL RESOURCES WRITTEN NOTICE OF THE TRANSFER OF HIS INTEREST IN A VESSEL NUMBERED OR DOCUMENTED IN THIS STATE WITHIN FIFTEEN DAYS OF THE DATE OF THE TRANSFER; TO AMEND SECTION 50-23-220, RELATING TO DEPOSIT AND USE OF FUNDS, SO AS TO PROVIDE THAT UP TO ONE-HALF OF THE FEES COLLECTED UNDER THIS CHAPTER MAY BE USED FOR ENFORCEMENT OF BOATING LAWS; TO AMEND SECTION 50-23-280, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF CHAPTER 23, TITLE 50, SO AS TO INCREASE THE PENALTIES FOR CERTAIN OFFENSES; TO AMEND TITLE 50 OF THE 1976 CODE BY NAMING CHAPTER 23, TITLE 50, "WATERCRAFT AND OUTBOARD MOTORS", TO DESIGNATE SECTIONS 50-23-10 THROUGH 50-23-290 AS ARTICLE 1, CHAPTER 23, TITLE 50 NAMED "TITLING", TO REDESIGNATE ARTICLE 3, CHAPTER 21, TITLE 50 AS ARTICLE 3, CHAPTER 23, TITLE 50 NAMED "NUMBERING", AND TO DIRECT THE CODE COMMISSIONER TO RENUMBER THE CODE SECTIONS OF THE EXISTING ARTICLE 3, CHAPTER 21, TITLE 50 AS ARTICLE 3, CHAPTER 23, TITLE 50; TO REPEAL SECTIONS 50-21-390, 50-21-410, 50-23-10, 50-23-24, AND 50-23-50 OF THE 1976 CODE; 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, BY ADDING SECTION 50-21-138 SO AS TO ESTABLISH A NO WAKE ZONE ON A CERTAIN PART OF LUCY POINT CREEK IN BEAUFORT COUNTY; BY AMENDING SECTION 50-21-136, RELATING TO NO WAKE ZONES ON CERTAIN CREEKS AND COVES ON HILTON HEAD ISLAND SO AS TO FURTHER PROVIDE FOR NO WAKE ZONES ON CERTAIN CREEKS AND COVES ON HILTON HEAD ISLAND; AND TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MUST PROMULGATE REGULATIONS TO DEFINE "WAKE" FOR PURPOSES OF ENFORCING "NO WAKE ZONE" LAWS IN THIS STATE.
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(R210, H. 4196 (Word version)) -- Reps. Witherspoon, Barfield, Edge, Keegan, Kelley and Miller: AN ACT TO AMEND ACT 612 OF 1980, RELATING TO THE COMPENSATION OF MEMBERS OF THE HORRY COUNTY BOARD OF EDUCATION, SO AS TO AUTHORIZE THE BOARD TO ESTABLISH THE ANNUAL COMPENSATION OF ITS MEMBERS AND CHAIRMAN AND PROVIDE WHEN THE SALARY PROVISION IS EFFECTIVE; AND TO PROVIDE THAT STUDENTS IN ANY SCHOOL WITHIN THE HORRY COUNTY SCHOOL SYSTEM WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT WITHIN THE HORRY COUNTY SCHOOL SYSTEM IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM.
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(R211, H. 4204 (Word version)) -- Rep. D. Smith: AN ACT TO AMEND ACT 318 OF 1965, AS AMENDED, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL TO EMPLOY FULL-TIME FIREMEN AND A FIRE CHIEF.
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On motion of Senators ALEXANDER, DRUMMOND, ANDERSON, BAUER, BRANTON, BRYAN, CORK, COURSON, COURTNEY, ELLIOTT, FAIR, FORD, GIESE, GLOVER, GREGORY, GROOMS, HAYES, HOLLAND, HUTTO, JACKSON, LAND, LEATHERMAN, LEVENTIS, MARTIN, MATTHEWS, McCONNELL, McGILL, MESCHER, MOORE, O'DELL, PASSAILAIGUE, PATTERSON, PEELER, RANKIN, RAVENEL, REESE, RUSSELL, RYBERG, SALEEBY, SETZLER, SHORT, J. VERNE SMITH, THOMAS, WASHINGTON and WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Sarah Evelyn Waldrep, beloved mother of our friend and colleague, Senator WALDREP, of Anderson, S.C.

At 1:55 P.M., on motion of Senator DRUMMOND, upon the completion of the ratification of acts, the Senate adjourned Sine Die.

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