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, hear the words of St. Paul to his young colleague Timothy (II Timothy 4:6-7) (NRSV):
"As for me, I am already being poured out as a libation, and time of my departure has come, I have fought the good fight, I have finished the race, I have kept the faith."
Let us pray.
Our Father-God, we thank You for our Constitution which governs our life together.
No one of us makes the final decision on any issue. The process of resolving different opinions, various points of view, considering all relevant and pertinent data, is tedious and sometimes painful.
Often we desperately need the Divine-Catalyst.
Help us to be aware of the implant!
Help us to be inspired by the impulse!
For patience to follow through, we give You our thanks!
Help us finish our course in wisdom and dignity!
Help us keep the faith!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable James H. Hodges:
Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 1996, and to expire May 19, 2000:
3rd Congressional District:
Jaqueline Faye Brown, Route 1, Box 62, Plum Branch, S.C. 29845 VICE Nancy W. Knowles
Referred to the General Committee.
Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 1998, and to expire May 19, 2002:
4th Congressional District:
Cynthia Estepp Rhames, 260 Haslett Street, Spartanburg, S.C. 29302 VICE Rev. Oliver H. Willis
Referred to the General Committee.
Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 1998, and to expire May 19, 2002:
6th Congressional District:
Ronald Benjamin, 1000 Clements Street, Florence, S.C. 29501 VICE Barbara D. Leonard
Referred to the General Committee.
Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 1996, and to expire May 19, 2000:
At-Large:
John Franklin Shuler, 250 Keitt Street, Orangeburg, S.C. 29115 VICE Reginald D. Wilson, Jr.
Referred to the General Committee.
Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 1998, and to expire May 19, 2002:
1st Congressional District:
William Parnell Diggs, 8845-B Chandler Drive, Surfside Beach, S.C. 29575 VICE E. Lynn W. Smith
Referred to the General Committee.
Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 1998, and to expire May 19, 2002:
5th Congressional District:
Lynn Mann Hornsby, 1416 Thornwell Avenue, Rock Hill, S.C. 29732 VICE Christopher B. Yates
Referred to the General Committee.
Initial Appointment, South Carolina Commission on Minority Affairs, with term to commence June 30, 1997, and to expire April 30, 2001:
1st Congressional District:
Thaddeus J. Bell, 3656 Col. Vanderhorst Circle, Mount Pleasant, S.C. 29464 VICE Wilma Sykes Brown
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 1997, and to expire May 19, 2001:
3rd Congressional District:
Thomas L. Williams, 2686 Highway 278, Barnwell, S.C. 29812 VICE V. Al Pakalnis
Referred to the General Committee.
Initial Appointment, Board of Directors of the DARE Fund, with term to expire June 30, 2001:
Local DARE Officer:
Lieutenant Gary A. Metts, 1155 Peppercorn Lane, Sumter, S.C. 29154
Referred to the Committee on Judiciary.
Reappointment, Lexington County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Llewellyn H. Hames, 672 Old Friars Road, Columbia, S.C. 29210
Reappointment, Lexington County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Thomas H. Rawl, III, 304 South Lake Drive, Lexington, S.C. 29072
Reappointment, Lexington County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Bruce Rutland, 650 Knox Abbott Drive, Cayce, S.C. 29033
Reappointment, Lexington County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
George Marion Shealy, Post Office Box 2253, Batesburg-Leesville, S.C. 29070
Reappointment, Lexington County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Scott D. Whittle, 4601 Fish Hatchery Road, Gaston, S.C. 29053
Initial Appointment, Savannah River Site Redevelopment Authority, with term to expire October 21, 2000:
Robert O. Cooper, 2204 Willis Pond Road, Williston, S.C. 29853
Initial Appointment, Savannah River Site Redevelopment Authority, with term to expire October 21, 2002:
Thomas L. Hallman, Ph.D., 803 Laurel Drive, Aiken, S.C. 29801
Initial Appointment, Greenwood County Probate Judge, with term to commence June 1, 1999, and to expire January 10, 2000:
Frank R. Addy, 526 Grace St., Greenwood, S.C. 29649
Senator RANKIN introduced Dr. Thomas Whitaker of Myrtle Beach, S.C., Doctor of the Day.
H. 3298 (Word version) -- Reps. Beck, Clyburn, Sharpe, R. Smith and Mason: A BILL TO AMEND ACT 503 OF 1982, AS AMENDED, RELATING TO THE AIKEN COUNTY SCHOOL DISTRICT AND THE AIKEN COUNTY BOARD OF EDUCATION, SO AS TO REVISE THE BOARD'S AUTHORITY WITH REGARD TO ADMINISTRATIVE AREA OFFICES AND AREA ADVISORY COUNCILS.
Senator MOORE asked unanimous consent to make a motion to recall the Bill from the Aiken County Delegation.
There was no objection.
The Bill was recalled and ordered placed on the Calendar.
The following were introduced:
S. 893 (Word version) -- Senator Drummond: A SENATE RESOLUTION TO COMMEND THE HONORABLE THOMAS WALTER "T. W." WILLIAMS FOR HIS EXEMPLARY CAREER AS AN EDUCATOR AND FOR TEN YEARS OF OUTSTANDING SERVICE TO THE PEOPLE OF SOUTH CAROLINA AND GREENWOOD COUNTY AS A SUMMARY COURT JUDGE, TO CONGRATULATE HIM ON THE OCCASION OF HIS RETIREMENT AS A SUMMARY COURT JUDGE, AND TO EXTEND THE BEST WISHES OF THE MEMBERS OF THE SENATE TO HIM ON ALL HIS FUTURE ENDEAVORS.
The Senate Resolution was adopted.
S. 894 (Word version) -- Senator McGill: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 128, SO AS TO ESTABLISH THE SOUTH CAROLINA YOUTH SMOKING PREVENTION COMMISSION AND FUND, TO PROVIDE FOR ITS MEMBERSHIP, DUTIES, THE DISTRIBUTION OF MONIES RECEIVED BY THE COMMISSION, THE DEVELOPMENT OF A STATE PLAN FOR YOUTH SMOKING PREVENTION, AND THE TYPES OF QUALIFIED PROGRAMS ELIGIBLE FOR GRANTS FROM THE FUND; AND TO AMEND SECTION 1-30-110, RELATING TO VARIOUS ENTITIES INCORPORATED INTO THE OFFICE OF THE GOVERNOR, SO AS TO ADD THE YOUTH SMOKING PREVENTION COMMISSION IN THAT OFFICE.
Read the first time and referred to the Committee on Medical Affairs.
S. 895 (Word version) -- Senators Leventis and Rankin: A CONCURRENT RESOLUTION RECOGNIZING THE NEED TO ASSIST PERSONS WHO ARE LEGALLY BLIND IN ATTAINING MORE EFFECTIVE AND EFFICIENT ACCESS TO TELEPHONE SERVICES, AND URGING THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION TO INCLUDE LEGALLY BLIND PERSONS IN ITS STATEWIDE PROGRAM PROVIDING TELEPHONE SERVICES TO PERSONS WITH SPEECH AND HEARING IMPAIRMENTS AND TO INCLUDE A REPRESENTATIVE OF SUCH PERSONS IN ANY ADVISORY COMMITTEE ON THESE TELECOMMUNICATION SERVICES.
Senator LEVENTIS spoke on the Concurrent Resolution.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 896 (Word version) -- Senators Leventis, Jackson, Courson, Giese and Patterson: A CONCURRENT RESOLUTION EXTENDING THE SUPPORT OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE COMMENDABLE EFFORTS OF THE DEDICATED CITIZENS FROM THE PUBLIC AND PRIVATE SECTOR IN MAKING KENSINGTON MANSION A FOCAL POINT FOR EDUCATION, CULTURAL AND HERITAGE TOURISM FOR ALL THE PEOPLE OF SOUTH CAROLINA.
Senator LEVENTIS spoke on the Concurrent Resolution.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 3702 (Word version) -- Reps. Quinn, Barfield, Battle, Bowers, T. Brown, Dantzler, Davenport, Emory, Fleming, Harrison, Hinson, Inabinett, Koon, Loftis, Mason, McGee, Rhoad, Riser, Robinson, Simrill, Stille, Stuart, Taylor, Vaughn, Whatley, Whipper and Young-Brickell: A BILL TO AMEND SECTION 37-10-103, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS MADE ON A LOAN AGREEMENT SECURED BY A LIEN ON REAL ESTATE, SO AS TO DELETE THE ONE HUNDRED THOUSAND DOLLAR LIMIT AND ALLOW PREPAYMENT WITHOUT PENALTY OF A LOAN OF ANY AMOUNT SECURED BY A MORTGAGE.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4016 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 59-47-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF COMMISSIONERS OF THE SCHOOL FOR THE DEAF AND BLIND, SO AS TO INCREASE THE BOARD BY THREE MEMBERS WHO MUST BE PARENTS OF STUDENTS OR FORMER STUDENTS ONE OF WHOM MUST BE BLIND, ONE DEAF, AND ONE MULTIHANDICAPPED.
Read the first time and referred to the Committee on Education.
H. 4175 (Word version) -- Reps. R. Smith, Mason, Beck and Sharpe: A BILL TO AMEND ACT 503 OF 1982, RELATING TO THE AIKEN COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT MEMBERS
Read the first time and ordered referred to the Aiken County Delegation.
H. 4186 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FREE TEXTBOOKS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2362, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 4187 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED PROGRAM GRADES 9 - 12, DESIGNATED AS REGULATION DOCUMENT NUMBER 2317, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 4188 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO COMPUTING EXPERIENCE FOR TEACHERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2400, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 4199 (Word version) -- Reps. Kelley and Edge: A BILL TO PROVIDE THAT COASTAL MUNICIPALITIES IN HORRY COUNTY HAVE THE AUTHORITY TO PROVIDE LIFEGUARD AND OTHER RELATED SAFETY SERVICES ALONG THE PUBLIC BEACHES WITHIN THEIR CORPORATE LIMITS, AND ENACT AND ENFORCE SAFETY REGULATIONS AND TO EXTEND THE SAME AUTHORITY TO THE GOVERNING BODY OF HORRY COUNTY
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4204 (Word version) -- Rep. D. Smith: A BILL 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.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4227 (Word version) -- Reps. Breeland, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, J.M. Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4232 (Word version) -- Reps. J. Hines, Neilson and Lucas: A CONCURRENT RESOLUTION TO CONGRATULATE THE LAMAR HIGH SCHOOL "SILVER FOXES" BOYS TRACK TEAM ON WINNING THE CLASS A BOYS STATE TRACK AND FIELD CHAMPIONSHIP FOR 1999.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4237 (Word version) -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Harrison, Sharpe, D. Smith and Townsend: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 3, 1999, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, JUNE 15, 1999, IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL FRIDAY, JUNE 18, 1999, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT, WHEN EACH HOUSE ADJOURNS ON FRIDAY, JUNE 18, 1999, NOT LATER THAN 5:00 P.M., THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Senator MOORE spoke on the Resolution
Senator MOORE proposed the following amendment (4237R001.TLM), which was adopted:
Amend the resolution, as and if amended, by striking the resolution in its entirety and inserting:
/ TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 3, 1999, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 12:00 NOON ON TUESDAY, JUNE 22, 1999, IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL FRIDAY, JUNE 25, 1999, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT, WHEN EACH HOUSE ADJOURNS ON FRIDAY, JUNE 25, 1999, NOT LATER THAN 5:00 P.M., THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Be it resolved by the House of Representatives, the Senate concurring:
1. Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180 of the 1976 Code, the mandatory sine die adjournment date for the General Assembly is extended, as authorized by law, to permit the General Assembly to continue in session after Thursday, June 3, 1999, under the terms and conditions stipulated in this resolution and for this purpose each house agrees that, when the House of Representatives and Senate adjourn on Thursday, June 3, 1999, not later than 5:00 p.m., each house shall stand adjourned to meet in statewide session at 12:00 noon on Tuesday, June 22, 1999, and to continue in statewide session, if necessary, not later than 5:00 p.m. on Friday, June 25, 1999, for the following matters and subject to the following conditions, as applicable:
(A) consideration of gubernatorial vetoes;
(B) receipt, consideration, and confirmation of appointments;
(C) ratification of acts;
(D) consideration of local legislation which has the unanimous consent of the affected delegation;
(E) concurrence or nonconcurrence in amendments on bills received from the other house and receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees, and messages pertaining to such reports and appointments;
(F) consideration of resolutions expressing sympathy or congratulations;
(G) consideration of resolutions to schedule meetings of the General Assembly in joint assembly in the Hall of the House of Representatives for the purpose of conducting judicial elections;
(H) elections shall be limited to offices for which candidates have been screened provided that all nominations for any office may only be made by the Chairman of the Judicial Screening Commission and no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate;
(I) consideration of legislation to continue appropriation authorizations and necessary provisos of Act 419 of 1998 beyond June 30, 1999; and
(J) consideration of H. 3963, H.3698, and H.3699.
2. Each house may also provide for local session days during the period between June 3, 1999, and June 22, 1999, for consideration of local legislation which has the unanimous consent of the affected delegation.
3. The President or President Pro Tempore of the Senate and the Speaker of the House may ratify acts at a mutually convenient time between June 3, 1999, and June 22, 1999.
4. When each house adjourns not later than 5:00 p.m. on Friday, June 25, 1999, the General Assembly shall stand adjourned sine die. /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
The Concurrent Resolution was adopted, as amended, ordered returned to the House.
H. 4238 (Word version)-Reps. Robinson and Rice: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE HONORABLE WILLIAM A. "BILL" CARR, UPON LEARNING HE WILL NOT OFFER FOR REELECTION AFTER SIXTEEN YEARS OF CONTINUOUS SERVICE AS THE LONGEST-SERVING MAYOR OF THE CITY OF EASLEY, SOUTH CAROLINA, AND TO WISH HIM THE
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4243 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION COMMENDING AND THANKING HENRY BURCHELL RICKENBAKER FOR HIS THIRTEEN YEARS OF EXEMPLARY AND DISTINGUISHED SERVICE ON THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, KNOWN AS SANTEE COOPER.
The Concurrent Resolution was adopted, ordered returned to the House.
Columbia, S.C., June 2, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3411 (Word version) -- Rep. W. McLeod: A BILL TO AMEND SECTION 56-5-6240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE, CONFISCATION, AND DISPOSITION OF VEHICLES SEIZED FROM A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS, OR WHILE HIS LICENSE IS SUSPENDED, SO AS TO REVISE THE PROCEDURE TO DISPOSE OF A FORFEITED VEHICLE IF THE CONVICTED PERSON FAILS TO FILE AN APPEAL WITHIN TEN DAYS OF HIS CONVICTION; TO PROVIDE THAT A SHERIFF OR CHIEF OF POLICE MAY CONTRACT WITH A PRIVATE ATTORNEY TO PROVIDE HIM WITH REPRESENTATION IN A VEHICLE FORFEITURE PROCEEDING; AND TO PROVIDE THAT ATTORNEY COSTS MUST BE PAID FROM THE PROCEEDS FROM THE VEHICLE'S SALE DURING THE AUCTION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 2, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3498 (Word version) -- Reps. Lourie, J. Smith, Campsen, Lee, Davenport, Taylor, Kirsh, Leach, Loftis, Maddox, Allen, Klauber, W. McLeod, Breeland, Pinckney, J. Brown, Wilder, Parks, Hawkins, Rutherford, Lucas, Neilson, McMahand, Harrison, Quinn, Mack, Phillips, McCraw, F. Smith, Battle, R. Smith, Cato, Moody-Lawrence, Simrill, Robinson, Hamilton, Easterday, Rice, Delleney, Bales, Bowers, Rhoad, Wilkes, M. McLeod, Knotts, McGee, Canty, Townsend, Stille, Rodgers, Gourdine, Hinson, Riser, Bailey, Jennings, Harris, Neal, Scott, Howard, Sandifer, Hayes, Barfield and Seithel: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 117 SO AS TO ENACT THE "PRESCRIPTION INFORMATION PRIVACY ACT" WHICH PROHIBITS PATIENT PRESCRIPTION DRUG INFORMATION FROM BEING TRANSFERRED WITHOUT THE WRITTEN CONSENT OF THE PATIENT, AND TO PROVIDE EXCEPTIONS AND PENALTIES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 2, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3748 (Word version) -- Reps. Walker, Allison, Davenport, Lee, Littlejohn and D. Smith: A BILL TO AMEND SECTION 11-27-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASE PURCHASE OR FINANCING AGREEMENTS BEING SUBJECT TO APPLICABLE CONSTITUTIONAL DEBT LIMITATIONS, SO AS TO CONFORM THE TREATMENT OF A LEASE PURCHASE AGREEMENT FOR ENERGY EFFICIENCY PRODUCTS AND A GUARANTEED ENERGY SAVINGS CONTRACT IN THE CALCULATION OF THE DEBT LIMIT TO THE PROVISIONS OF THE SECTION
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Davenport, Loftis and Bowers of the Committee of Conference on the part of the House on:
S. 591 (Word version) -- Senators McConnell, Ravenel, Hutto, Leventis, Cork and Passailaigue: A BILL TO AMEND CHAPTER 1, TITLE 48 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLLUTION CONTROL ACT, BY ADDING SECTION 48-1-83 SO AS TO ESTABLISH STATUTORY REQUIREMENTS FOR DISSOLVED OXYGEN DEPRESSIONS IN NATURALLY LOW DISSOLVED OXYGEN WATERBODIES.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 704 (Word version) -- Senators Holland and Grooms: A BILL TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY BY ADDING ARTICLE 5, SO AS TO PROVIDE THAT A FORMER LAW ENFORCEMENT OFFICER OF THE DEPARTMENT OF PUBLIC SAFETY OR ANY AGENCY, OFFICE, OR UNIT TRANSFERRED TO THE DEPARTMENT PURSUANT TO GOVERNMENTAL RESTRUCTURING OR THEREAFTER, INCLUDING FORMER OR RETIRED OFFICERS MAY RECEIVE A SPECIAL DEPARTMENT OF PUBLIC SAFETY CONSTABLE
S. 704 (Word version) -- Senators Holland and Grooms: A BILL TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY BY ADDING ARTICLE 5, SO AS TO PROVIDE THAT A FORMER LAW ENFORCEMENT OFFICER OF THE DEPARTMENT OF PUBLIC SAFETY OR ANY AGENCY, OFFICE, OR UNIT TRANSFERRED TO THE DEPARTMENT PURSUANT TO GOVERNMENTAL RESTRUCTURING OR THEREAFTER, INCLUDING FORMER OR RETIRED OFFICERS MAY RECEIVE A SPECIAL DEPARTMENT OF PUBLIC SAFETY CONSTABLE COMMISSION; TO PROVIDE THAT THE DIRECTOR SHALL DETERMINE THE POWERS AND DUTIES OF THESE CONSTABLES, INCLUDING TRAINING REQUIREMENTS AND OTHER CRITERIA; TO PROVIDE THAT INDIVIDUALS COMMISSIONED BY THE DEPARTMENT MAY RECEIVE SPECIAL DEPARTMENT OF PUBLIC SAFETY CONSTABLE IDENTIFICATION CARDS; AND TO AMEND SECTION 23-6-145, RELATING TO COMMISSIONED AND UNIFORMED OFFICERS, SO AS TO PROVIDE THAT A COMMISSIONED OR UNIFORMED OFFICER OF THE DEPARTMENT MAY MAKE TRAFFIC STOPS.
On motion of Senator HOLLAND, the Senate insisted upon its amendments to S. 704 and asked for a Committee of Conference.
Whereupon, the PRESIDENT Pro Tempore appointed Senators SALEEBY, FORD and HUTTO of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., June 3, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. D. Smith, Harrison and McGee of the Committee of Conference on the part of the House on:
S. 704 (Word version) -- Senators Holland and Grooms: A BILL TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY BY ADDING ARTICLE 5, SO AS TO PROVIDE THAT A FORMER LAW ENFORCEMENT OFFICER OF THE DEPARTMENT OF PUBLIC SAFETY OR ANY AGENCY, OFFICE, OR UNIT TRANSFERRED TO THE DEPARTMENT PURSUANT TO GOVERNMENTAL RESTRUCTURING OR THEREAFTER, INCLUDING FORMER OR RETIRED OFFICERS MAY RECEIVE A SPECIAL DEPARTMENT OF PUBLIC SAFETY CONSTABLE COMMISSION; TO PROVIDE THAT THE DIRECTOR SHALL DETERMINE THE POWERS AND DUTIES OF THESE CONSTABLES, INCLUDING TRAINING REQUIREMENTS AND OTHER CRITERIA; TO PROVIDE THAT INDIVIDUALS COMMISSIONED BY THE DEPARTMENT MAY RECEIVE SPECIAL DEPARTMENT OF PUBLIC SAFETY CONSTABLE IDENTIFICATION CARDS; AND TO AMEND SECTION 23-6-145, RELATING TO COMMISSIONED AND UNIFORMED OFFICERS, SO AS TO PROVIDE THAT A COMMISSIONED OR UNIFORMED OFFICER OF THE DEPARTMENT MAY MAKE TRAFFIC STOPS.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 1, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 727 (Word version) -- Education Committee: 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
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
On motion of Senator SETZLER, the Senate insisted upon its amendments to S. 727 and asked for a Committee of Conference.
Whereupon, the PRESIDENT Pro Tempore appointed Senators BRYAN, MATTHEWS and SHORT of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., June 3, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Townsend, Walker and Barrett of the Committee of Conference on the part of the House on:
S. 727 (Word version) -- Education Committee: 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
Received as information.
Columbia, S.C., June 2, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Scott, Campsen and Whatley of the Committee of Conference on the part of the House on:
H. 3525 (Word version) -- Rep. Scott: A BILL 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; AND TO AMEND SECTION 38-53-200, AS AMENDED, RELATING TO THE SIGNING OF BONDS, SO AS TO PROVIDE THAT A RUNNER
H. 3525 (Word version) -- Rep. Scott: A BILL 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; AND TO AMEND SECTION 38-53-200, AS AMENDED, RELATING TO THE SIGNING OF BONDS, SO AS TO PROVIDE THAT A RUNNER MAY SIGN A BOND 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.
On motion of Senator SALEEBY, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator SALEEBY spoke on the report.
On motion of Senator SALEEBY, with unanimous consent, Free Conference Powers were granted.
Whereupon, the PRESIDENT Pro Tempore appointed Senators SALEEBY, GLOVER and MARTIN 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 SALEEBY, the Report of the Committee of Free Conference to H. 3525 was adopted as follows:
The General Assembly, Columbia, S.C., June 3, 1999
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3525 (Word version) -- Rep. Scott: A BILL 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; AND TO AMEND SECTION 38-53-200, AS AMENDED, RELATING TO THE SIGNING OF BONDS, SO AS TO PROVIDE THAT A RUNNER MAY SIGN A BOND 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.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 38-53-10 of the 1976 Code, as last amended by Act 425 of 1998, is further amended to read:
"Section 38-53-10. As used in this chapter:
(1) 'Accommodation bondsman' means a person who has reached the age of eighteen years, is a resident of this State, who, aside from love and affection and release of the person concerned, receives no consideration for action as surety, and who endorses the bail bond after providing satisfactory evidence of ownership, value, and marketability of real property to the extent necessary to reasonably satisfy the official taking bond that the real or personal property will in all respects be sufficient to assure that the full principal sum of the bond will be realized in the event of breach of the conditions of the bond.
(2) 'Bail bond' means an undertaking by the defendant to appear in court as required upon penalty of forfeiting bail to the State in a stated amount and may include an unsecured appearance bond, a premium-secured appearance bond, an appearance bond secured by a cash deposit of the full amount of the bond, an appearance bond secured by a mortgage, and an appearance bond secured by at least one surety.
(3) 'Bail bondsman' means a surety bondsman, professional bondsman, or an accommodation bondsman as defined in this chapter.
(4) 'Clerk of court', unless otherwise specified, means the clerk of the circuit court of the county in the state where the bondsman is currently writing or obligated on the majority of those bail bonds which he has written or on which he is obligated.
(5) 'Court', unless otherwise specified, means circuit, magistrate's, or municipal court.
(6) 'Insurer' means any domestic, foreign, or alien surety company which has qualified generally to transact surety business and specifically to transact bail bond business in this State.
(7) 'Obligor' means a principal or a surety on a bail bond.
(8) 'Principal' means a defendant or witness obligated to appear in court as required upon penalty of forfeiting bail under a bail bond.
(9) 'Professional bondsman' means any person who is approved and licensed under the provisions of this chapter and who pledges cash or approved securities with the clerk of court as security for bail bonds written in connection with a judicial proceeding and receives or is promised money or other things of value for the pledge.
(10) 'Runner' means a person employed by a bail bondsman for the purpose of assisting the bail bondsman in presenting the defendant in court when required, assisting in the apprehension and surrender of the defendant to the court, and keeping the defendant under necessary surveillance, and executing bonds on behalf of the licensed bondsman when the power of attorney has been recorded. 'Runner' does not include an attorney or a law enforcement officer assisting a bondsman.
(11) 'Surety' means one who, with the defendant, is liable for the amount of the bail bond upon forfeiture of bail.
(12) 'Surety bondsman' means any person who is approved by and licensed by the director or his designee as an insurance agent, appointed by an insurer by power of attorney to execute or countersign bail bonds for the insurer in connection with judicial proceedings, and receives or is promised money or other things of value for the execution or countersignature.
(13) 'Appropriate judge' means a magistrate, municipal, or circuit court judge who has jurisdiction over the defendant.
(14) 'Good cause' means the violation of a specific term of the bail bond not to include the nonpayment of fees."
SECTION 2. Section 38-53-200 of the 1976 Code, as last amended by Act 425 of 1998, is further amended to read:
"Section 38-53-200. A professional or surety bondsman may not sign or countersign blank bail bonds, nor may he give a power of attorney to, or otherwise authorize, anyone to countersign his name to bonds unless the authorized person is a licensed bondsman or runner directly employed by the bondsman giving power of attorney. Copies of all the powers of attorney and revocations of the powers of attorney issued by an insurer appointing surety bondsmen must be filed immediately with the department and the clerk of the circuit court of the county in the state where the bondsman giving the power of attorney is currently writing or is obligated on bail bonds."
SECTION 3. The 1976 Code is amended by adding:
"Section 38-53-102. Notwithstanding any other provision of law, the department must suspend for a period of five years the license of a bail bondsman, his associates, affiliates, or runners who refer defendants to attorneys. However, nothing contained in this section shall be construed to prohibit a bail bondsman, his associates, affiliates, or runners from indicating to a defendant that he should contact an attorney for professional assistance, as long as the bail bondsman, his associates, affiliates, or runners do not mention or in any other manner suggest or indicate a particular attorney or law firm by name."
SECTION 4. This act takes effect upon approval by the Governor. /
Amend title to conform.
/s/ Edward E. Saleeby /s/ George E. "Chip" Campsen, III /s/ Larry A. Martin /s/ John L. Scott, Jr. /s/ Maggie W. Glover /s/ Michael Stewart "Mickey" Whatley On Part of the Senate. On Part of the House.
,and a message was sent to the House accordingly.
Columbia, S.C., June 3, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has requested and was granted Free Conference Powers and appointed Reps. Scott, Campsen and Whatley of the Committee of Free Conference on the part of the House on:
H. 3525 (Word version) -- Rep. Scott: A BILL 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; AND TO AMEND SECTION 38-53-200, AS AMENDED, RELATING TO THE SIGNING OF BONDS, SO AS TO PROVIDE THAT A RUNNER MAY SIGN A BOND 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.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 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. 3525 (Word version) -- Rep. Scott: A BILL 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; AND TO AMEND SECTION 38-53-200, AS AMENDED, RELATING TO THE SIGNING OF BONDS, SO AS TO PROVIDE THAT A RUNNER
Received as information.
Columbia, S.C., June 3, 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:
H. 3525 (Word version) -- Rep. Scott: A BILL 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; AND TO AMEND SECTION 38-53-200, AS AMENDED, RELATING TO THE SIGNING OF BONDS, SO AS TO PROVIDE THAT A RUNNER MAY SIGN A BOND 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.
Very respectfully,
Speaker of the House
Received as information.
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
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 SALEEBY, SHORT and MATTHEWS to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
Senator FAIR desired to be recorded as voting against the granting of Free Conference Powers.
On motion of Senator BRYAN, the Report of the Committee of Free Conference to H. 3620 was adopted as follows:
The General Assembly, Columbia, S.C., June 3, 1999
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
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
That the same do pass with the following amendments: (Reference is to Printer's Version 5/20/99--S.)
Amend the bill, as and if amended, by striking all, including the title, and inserting therein the following:
/ 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 BY ADDING ARTICLE 33 TO ESTABLISH THE SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS BOARD OF TRUSTEES, 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 TO ADD THE FIRST STEPS TO SCHOOL READINESS FOR CONTRIBUTIONS THOUGH INDIVIDUAL INCOME TAX RETURNS, AND 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.
Whereas, recent research has shown that children's brains develop more rapidly and earlier than previously understood and that early stimulation of the brain increases the learning ability of a child;
Whereas, recent research in neuroscience supports the critical importance of the early childhood years and its life-long effects on a child's development; and
Whereas, the General Assembly realizes that without proper care, nurturing, and support during the early years of life, children have difficulty learning when they enter school; and
Whereas, parents have the primary role and duty to raise, educate, and transmit values to their children; while communities can support parents as the primary caregivers and educators of their young children; and
Whereas, the members of the General Assembly recognize that improving results for children and their families can best be accomplished when state government works in partnership with communities and families to define common goals, expected results, and benchmarks for services to children and families; joins with communities and families in building the capacity to accomplish shared results; and supports local efforts through more efficient state accountability, data collection, and administrative systems. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "South Carolina First Steps to School Readiness Act."
SECTION 2. Title 59 of the 1976 Code is amended by adding:
Section 59-152-10. There is established South Carolina First Steps to School Readiness, a comprehensive, results-oriented initiative for improving early childhood development by providing, through county partnerships, public and private funds and support for high-quality early childhood development and education services for children by providing support for their families' efforts toward enabling their children to reach school ready to learn.
Section 59-152-20. The purpose of the First Steps initiative is to develop, promote, and assist efforts of agencies, private providers, and public and private organizations and entities, at the state level and the community level, to collaborate and cooperate in order to focus and intensify services, assure the most efficient use of all available resources, and eliminate duplication of efforts to serve the needs of young children and their families. First Steps funds must not be used to supplant or replace any other funds being spent on services but must be
Section 59-152-30. The goals for South Carolina First Steps to School Readiness are to:
(1) provide parents with access to the support they might seek and want to strengthen their families and to promote the optimal development of their preschool children;
(2) increase comprehensive services so children have reduced risk for major physical, developmental, and learning problems;
(3) promote high quality preschool programs that provide a healthy environment that will promote normal growth and development;
(4) provide services so all children receive the protection, nutrition, and health care needed to thrive in the early years of life so they arrive at school ready to learn; and
(5) mobilize communities to focus efforts on providing enhanced services to support families and their young children so as to enable every child to reach school healthy and ready to learn.
Section 59-152-40. The South Carolina First Steps to School Readiness Board of Trustees established in Section 20-7-9710 shall oversee the South Carolina First Steps to School Readiness initiative.
Section 59-152-50. Within the South Carolina First Steps to School Readiness Board of Trustees, an Office of South Carolina First Steps to School Readiness shall be established. The office shall:
(1) provide to the board information on best practice, successful strategies, model programs, and financing mechanisms;
(2) review the county partnerships' plans and budgets in order to provide technical assistance and recommendations regarding local grant proposals and improvement in meeting statewide and local goals;
(3) provide technical assistance, consultation, and support to county partnerships to facilitate their success including, but not limited to, model programs, strategic planning, leadership development, best practice, successful strategies, collaboration, financing, and evaluation;
(4) recommend to the board the applicants meeting the criteria for First Steps partnerships and the grants to be awarded;
(5) submit an annual report to the board by December first which includes, but is not limited to, the statewide needs and resources available to meet the goals and purposes of the First Steps to School Readiness initiative, the ongoing progress and results of the First Steps to School Readiness initiative statewide and locally, fiscal information on the expenditure of funds, and recommendations and legislative proposals to further implement the South Carolina First Steps to School Readiness initiative statewide;
(6) provide for on-going data collection and contract for an in-depth performance audit due January 1, 2003, and every three years thereafter, to ensure that statewide goals and requirements of the First Steps to School Readiness initiative are being met; and
(7) coordinate the First Steps to School Readiness initiative with all other state, federal, and local public and private efforts to promote good health and school readiness of young children and support for their families.
Section 59-152-60. (A) The Office of First Steps to School Readiness, in collaboration with each county legislative delegation, shall initiate county forums for the purpose of bringing together stakeholders who are actively involved or interested in early childhood development and education so as to initiate a County First Steps Partnership. The times and locations of these forums and county-wide meetings must be publicized in the local print and broadcast media.
(B)(1) At a county-wide meeting the participants shall begin to select, to the extent possible within the area covered by the partnership, not more than two members from each of these categories to sit on the First Steps partnership board:
(a) pre-kindergarten through primary educator;
(b) family education, training, and support provider;
(c) childcare and early childhood development/ education provider;
(d) healthcare provider;
(e) transportation provider;
(f) non-profit organization that provides services to families and children;
(g) faith community; and
(h) business community.
(2) Three parents of pre-school children. After the first year of the implementation of the First Steps to School Readiness initiative, parents serving on the County First Steps Partnership Board must have pre-school children being served by First Steps programs; and
(3) Four members from early childhood education.
(C) After the county partnership board has been formed, if necessary to assure that all areas of the county are adequately represented and reflect the diversity of the county, each county legislative delegation may appoint up to four additional members. Of these members, two are appointed by the Senate members and two by the House of Representative members of the delegation from persons with resources, skills, or knowledge that have specific interests in improving the readiness of young children for school.
(D) Each of the following shall designate one member to serve as a member of its County First Steps Partnership Board:
(a) county department of social services;
(b) county department of health and environmental control;
(c) Head Start;
(d) county library; and
(e) each of the school districts in the county.
(E) Members who miss more than three consecutive meetings without excuse or members who resign must be replaced from the same categories as their predecessor. The terms of the members of a County First Steps Partnership Board are for two years, however, membership on the board may not exceed six consecutive years.
(F) The chairman of a County First Steps Partnership Board must be elected by majority vote of the board. The chairman shall serve a one-year term; however, the chairman may be elected to subsequent terms not to exceed a total of four consecutive years.
(G) County First Steps Partnerships must have policies and procedures for conducting meetings and disclosing records comparable to those provided for in the Freedom of Information Act. Prior to every vote taken by the board, members must abstain from voting if the issue being considered would result in a conflict of interest. The abstention must be noted in the minutes of the meeting.
Section 59-152-70. (A) A First Steps Partnership Board shall, among other powers and duties:
(1) adopt by-laws as established by the First Steps to School Readiness Board to effectuate the provisions of this chapter which must include the creation of a periodic meeting schedule;
(2) coordinate a collaborative effort at the county or multi-county level which will bring the community together to identify the area needs related to the goals of First Steps to School Readiness; develop a strategic long-term plan for meeting those needs; develop specific
(3) coordinate and oversee the implementation of the comprehensive strategic plan including, but not limited to, direct service provision, contracting for service provision, and organization and management of volunteer programs;
(4) create and annually revise a county needs assessment;
(5) implement fiscal policies and procedures as required by the First Steps office and as needed to ensure fiscal accountability of all funds appropriated to the partnership;
(6) keep accurate records of partnership's meetings, programs and activities;
(7) collect information and submit an annual report by October 1 to the First Steps to School Readiness Board of Trustees, and otherwise participate in the annual review and the three-year evaluation of operations and programs. The first annual report must be submitted October 1, 2000. Reports must include but not be limited to:
(a) determination of the current level and effectiveness of services for young children and their families;
(b) strategic goals for increased availability, accessibility, quality, and efficiency of activities and services for young children and their families which will enable children to reach school ready to learn;
(c) monitoring of progress toward strategic goals;
(d) report on implementation activities;
(e) recommendations for changes to the strategic plan which may include new areas of implementation;
(f) evaluation and report of program effectiveness and client satisfaction before, during, and after the implementation of the strategic plan, where available; and
(g) estimation of cost savings attributable to increased efficiency and effectiveness of delivery of services to young children and their families, where available.
(B) Each County First Steps Partnership may, in the performance of its duties, employ or acquire administrative, clerical, stenographic, and other personnel as may be necessary to effectuate the provisions of this section. However, overhead costs of the partnership's operations may not exceed eight percent of its implementation/management grant allocation unless prior approval is received from the First Steps to School Readiness Board of Trustees.
(C) Each County First Steps Partnership may apply for, receive, and expend federal, state, and local funds, grants, and other funding.
(D) Day care facilities receiving grants must first use a portion of their funds to achieve licensed status and then to achieve the equivalent status to that of enhanced ABC provider.
(E) To be designated a County First Steps Partnership, the county or multi-county partnership must be a private nonprofit corporation organized under Section 501(c)(3) of the Internal Revenue Code. However, developing partnerships which have not yet received 501(c)(3) status may qualify for grants if they have received a state charter for incorporation and meet other criteria as established by the board.
Section 59-152-80. (A) It is the intent of the General Assembly that the First Steps to School Readiness initiative be implemented as soon as county partnerships are ready to utilize the funds efficiently and effectively to improve services.
(B) Two levels of First Steps grants may be awarded as follows:
(1) Level One for the development of the collaborative effort, needs assessment, and strategic planning; and
(2) Level Two for implementation/management of activities and programs.
The level of grant awarded to a county partnership must be based on the readiness of the county partnership to implement the First Steps initiative. The First Steps Board shall establish the criteria for qualifying for each grant level. The allocations for the grants shall take into consideration the quality of the grant proposal.
(C) Implementation/management grants must be funded annually by the First Steps to School Readiness Board and may be awarded for up to three years. Implementation grants are renewable based upon criteria established by the South Carolina First Steps to School Readiness Board of Trustees, including the results of performance audits
Section 59-152-90. (A) To obtain a grant, a County First Steps Partnership or developing partnership shall submit an application to the Office of First Steps in a format specified by the First Steps to School Readiness Board. The application shall include, as appropriate to the level of grant applied for, the level of funding requested, a description of needs of children and families; assets and resources available; and the proposed strategies to address needs as they relate to the goals of South Carolina First Steps to School Readiness.
(B) To receive a Level One development of the collaborative effort, needs assessment, and strategic planning grant, the County First Steps Partnership must meet the criteria established by the First Steps to
(C) To receive a Level Two implementation/management grant for First Steps to School Readiness, a County First Steps Partnership must have completed a needs assessment and review by the First Steps to School Readiness Board and develop a comprehensive, long-range plan to provide high quality early childhood development and education services. The plan must identify the needs of children and their families in the local area; assets and resources available; explain how supports and services are to be organized and delivered; establish measurable objectives and interim goals for meeting the local and state goals for First Steps; and an evaluation plan.
(D) In developing these plans, the First Steps Partnership must be given sufficient flexibility, but they must be accountable to the First Steps to School Readiness Board for fiscal management, program management, and program results.
(E) The allocations for the grants shall take into consideration the quality of the grant proposal; the population of children birth to age five contained in the area served by the partnership; the percentage of students in grades 1-3 who are eligible for the free and reduced price lunch program; average per capita income; and the area's ability to support the strategic plan initiative. The criteria also shall take into account the standing of the geographical area covered by a county partnership in relation to the statewide Kids Count indicators. Priority must be given to strategic plans that incorporate models with demonstrated success.
Section 59-152-100 (A) All activities and services provided by a First Steps Partnership must be made available to young children and families on a voluntary basis and must focus on the following:
(1) lifelong learning:
(a) school readiness;
(b) parenting skills;
(c) family literacy; and
(d) adult and continuing education.
(2) health care:
(a) nutrition;
(b) affordable access to quality age-appropriate health care;
(c) early and periodic screenings;
(d) required immunizations;
(e) initiatives to reduce injuries to infants and toddlers; and
(f) technical assistance and consultation for parents and child care providers on health and safety issues.
(3) quality child care:
(a) staff training and professional development incentives;
(b) quality cognitive learning programs;
(c) voluntary accreditation standards;
(d) accessibility to quality child care and development resources; and
(e) affordability.
(4) transportation:
(a) coordinated service;
(b) accessibility;
(c) increased utilization efficiency; and
(d) affordability.
(B) Any part of the initiative within the county strategic plan using local district resources within a school district must be conducted only with approval of the district's board of trustees.
Section 59-152-110. Implementation/management grants provided to County First Steps Partnerships must be used to address the needs of young children and their families as identified in the partnerships' comprehensive plans. The funds must be used to expand, extend, or improve the quality of provided services if there is evidence as to existing programs' effectiveness; offer new or previously unavailable services in the area; or increase access to services. Grant funds may not supplant current expenditures by counties or state agencies on behalf of young children and their families, and may not be used where other state or federal funding sources are available or could be made available.
Section 59-152-120. Funds received for implementation of a county partnership's implementation/management grant may not be used for capital expenses for new construction. However, funds may be made available for renovating, refurbishing, or upgrading of existing facilities used to support First Steps to School Readiness activities and services for children, families, and providers from made available to the partnerships in Section 59-152-140(C) and Section 20-7-9740(A). The county partnership must demonstrate to the satisfaction of the First Steps to School Readiness Board that the capital expenditure is:
(1) a priority need for the local initiative and other state or federal funds for such projects are insufficient; and
(2) necessary to provide services to under-served children and families.
Section 59-152-130. (A) The County First Steps Partnerships shall provide an annual match of fifteen percent. The South Carolina First Steps to School Readiness Board of Trustees may decrease this percentage requirement for a partnership based on their capacity to provide that match. Private individuals and groups must be encouraged to contribute to a partnership's efforts to meet its match. The match required of individual partnerships by the First Steps Board should take into consideration such factors as:
(1) local wealth, using such indicators as the number and percentage of children eligible for free and reduced lunches in grades 1-3; and
(2) in-kind donated resources.
Only in-kind donations, as defined by the standard fiscal accountability system provided for in Section 59-152-140, which meet the criteria established by the South Carolina First Steps to School Readiness Board of Trustees and that are quantifiable may be applied to the in-kind match requirement. Expenses, including those paid both by cash and through in-kind contributions, incurred by other nonstate entities participating in county partnerships may be included in determining matching funds.
(B) The Office of the South Carolina First Steps to School Readiness shall establish guidelines and reporting formats for county partnerships to document expenses to ensure they meet matching fund requirements. The office shall compile a report annually on the private cash and in-kind contributions received by the South Carolina First Steps to School Readiness Board of Trustees and County First Steps Partnerships.
Section 59-152-140. To ensure effective use of funds, awards under contract for County First Steps Partnerships, with the approval of the Office of First Steps to School Readiness, may be carried forward and used in the following fiscal year. Funds appropriated to South Carolina First Steps to School Readiness may also be carried forward into subsequent years.
Section 59-152-150. (A) The Office of First Steps to School Readiness shall develop and require partnerships to adopt and implement a standard fiscal accountability system including, but not limited to, a uniform, standardized system of accounting, internal controls, payroll, fidelity bonding, chart of accounts, and contract management and monitoring. Additionally, the accountability system shall require competitive bids for the purchase or procurement of goods and services of ten thousand dollars or more. A bid other than the
(B) Each County First Steps Partnership shall expend funds through the South Carolina First Steps to School Readiness Board of Trustees or its fiscal designees until the capacity of the County First Steps Partnership to manage its fiscal and administrative responsibilities in compliance with the standard accountability system has been reviewed and certified by the South Carolina First Steps to School Readiness Board of Trustees or its designee.
(C) Private funds received by a County First Steps Partnership must be deposited in a separate fund.
(D) Disbursements may be made only on the written authorization of the individual designated by the county partnership board and only for the purposes specified. A person violating this section is guilty of a misdemeanor and upon conviction, must be fined five thousand dollars or imprisoned for six months, or both.
(E) The offenses of misuse, misappropriation, and embezzlement of public funds, apply to this chapter.
Section 59-152-160. (A) The South Carolina First Steps to School Readiness Board of Trustees shall establish internal evaluation policies and procedures for County First Steps Partnerships for an annual review of the functioning of the partnership, implementation of strategies, and progress toward the interim goals and benchmarks. In instances where no progress has been made, the Office of First Steps to School Readiness shall provide targeted assistance and/or the South Carolina First Steps to School Readiness Board of Trustees may terminate the grant. In addition, a program evaluation of the First Steps to School Readiness initiatives at the state and local levels must be conducted every three years by an independent, external evaluator under contract with the South Carolina First Steps to School Readiness Board of Trustees. However, the selected evaluator shall be approved,
SECTION 3. Chapter 7, Title 20 of the 1976 Code is amended by adding:
Section 20-7-9700. There is established the South Carolina First Steps to School Readiness Board of Trustees, an eleemosynary corporation, which shall oversee the South Carolina First Steps to School Readiness initiative, a broad range of innovative early childhood development and education, family support, health services, and prevention efforts to meet critical needs of South Carolina's children through the awarding of grants to partnerships at the county level as provided for in Section 59-152-90.
The board may accept gifts, bequests, and grants from any person or foundation. The fund and grants from the fund shall supplement and
Section 20-7-9710. There is created the South Carolina First Steps to School Readiness Board of Trustees which must be chaired by the Governor and must include the State Superintendent of Education who shall serve as ex officio voting members of the board. The board is composed of the twenty appointed, voting members as follows:
(A) The Governor shall appoint two members from each of the following sectors:
(a) parents of young children;
(b) business community;
(c) early childhood educators;
(d) medical or child care and development providers; and
(e) the General Assembly, one member from the Senate and one member from the House of Representatives.
(B) The President Pro Tempore of the Senate shall point one member from each of the following sectors:
(a) parents of young children;
(b) business community;
(c) early childhood educators; and
(d) medical or child care and development providers.
(C) The Speaker of the House of Representatives shall point one member from each of the following sectors:
(a) parents of young children;
(b) business community;
(c) early childhood educators; and
(d) medical or child care and development.
(D) The Chairman of the Senate Education Committee or his designee.
(E) The Chairman of the House Education and Public Works Committee or his designee.
(F) The chief executive officer of each of the following shall serve as an ex officio nonvoting member:
(a) Department of Social Services or his designee;
(b) Department of Health and Environmental Control or his designee;
(c) Department of Health and Human Services or his designee;
(d) Department of Mental Health or his designee;
(e) Department of Disabilities and Special Needs or his designee;
(f) Department of Alcohol and Other Drug Abuse Services or his designee;
(g) Department of Transportation or his designee; and
(h) Budget and Control Board, Division of Research and Statistics or his designee.
(G) The following organizations shall designate one member to serve as an ex officio non-voting member:
(a) South Carolina State Library;
(b) Transportation Association of South Carolina; and
(c) State Advisory Committee on the Regulation of Child Day Care Facilities.
The terms of the members are for four years and until their successors are appointed and qualify, except of those first appointed. When making the initial appointments, the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives shall designate half of their appointments to serve two year terms only. The appointments of the members from the General Assembly shall be coterminous with their terms of office.
Vacancies for any reason must be filled in the manner of the original appointment for the unexpired term. No member shall serve more than two terms or eight years, whichever is longer. Members who miss more than three consecutive meetings without excuse or members who resign must be replaced in the same manner as their predecessor. Members may be paid per diem, mileage, and subsistence as established by the board not to exceed standards provided by law for boards, committees, and commissions. A complete report of the activities of the First Steps to School Readiness Board of Trustees must be made annually to the General Assembly and the State Auditor.
Section 20-7-9720. To carry out its assigned functions, the board is authorized, but not limited to:
(1) develop a comprehensive long range initiative for improving early childhood development and increasing school readiness;
(2) promulgate regulations, establish guidelines, policies and procedures for implementation of the South Carolina First Steps to School Readiness initiative;
(3) provide oversight on the implementation of the South Carolina First Steps to School Readiness initiative at the state and county levels;
(4) facilitate and direct the establishment of developing County First Steps Partnerships and establish the criteria for designation of County First Steps partnerships;
(5) establish criteria and procedures for awarding state First Steps grants to County First Steps Partnerships;
(6) provide technical assistance, consultation services and support to County First Steps Partnerships including: the creation and annual revision of county needs assessments; the prioritization, implementation, and evaluation of each First Steps Partnership's strategic plans based on needs assessments; and the identification of assets from other funding sources;
(7) assess and develop recommendations: for ensuring coordination and collaboration among service providers at both the state and county level, for increasing the efficiency and effectiveness of state programs and funding and other programs and funding sources, as allowable, as necessary to carry out the First Steps to School Readiness initiative, including additional fiscal strategies, redeployment of state resources, and development of new programs;
(8) establish results oriented measures and objectives and assess whether services provided by County First Steps Partnerships to children and families are meeting the goals and achieving the results established for the First Steps initiative pursuant to Chapter 152, Title 59;
(9) receive gifts, bequests, and devises for deposit for awarding grants to First Step partnerships; and
(10) report annually to the General Assembly by January first on activities and progress to include recommendations for changes and legislative initiatives and results of program evaluations.
(B) In addition, a separate fund within the state general fund must be Section 20-7-9730. The South Carolina First Steps to School Readiness Board of Trustees shall employ, by a majority vote, a director of the Office of South Carolina First Steps to School Readiness and other staff as necessary to carry out the South Carolina First Steps to School Readiness initiative, established in Title 59, Chapter 152, and other duties and responsibilities as assigned by the board. The director, with the approval of the board, shall hire such staff as is considered necessary to carry out the provisions of the initiative.
Section 20-7-9740. (A) A separate fund must be established to accept nongovernmental grants, gifts, and donations from any public or private source for the South Carolina First Steps to School Readiness initiative. Each donor may designate up to one-half of their contribution to specific counties or a county. Both the designated and undesignated funds may be used to meet the local match required in Section 59-152-130. All funds may be carried forward from fiscal year
(C) All interest derived from the investment of the funds in subsections (A) and (B) shall remain a part of each respective fund."
SECTION 4. Section 12-6-5060 (A) of the 1976 Code is amended to read
"Section 12-6-5060. (A) Each taxpayer required to file a state individual income tax return may contribute to the Nongame Wildlife and Natural Areas Program Fund, the Children's Trust Fund of South Carolina as created by Section 20-7-5010, or the Eldercare Trust Fund of South Carolina as created by Section 43-21-160, or the First Steps to School Readiness Fund as created by Section 20-7-9740 by designating the contribution on the return. The contribution may be made by reducing the income tax refund or by remitting additional payment by the amount designated."
SECTION 5. The 1976 Code is amended by adding:
"Section 43-1-240. The State Department of Social Services in establishing priorities and funding for programs and services which impact on children and families during the first years of a child's life, within the powers and duties granted to it, must support, as appropriate, the South Carolina First Steps to School Readiness initiative, as established in Title 59, Chapter 152, at the state and local levels."
SECTION 6. The 1976 Code is amended by adding:
"Section 44-1-280. The Board and 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, within the powers and duties granted to it, must support, as appropriate, the South Carolina First Steps to
SECTION 7. It is the intent of the General Assembly that state agencies involved in early child care and development and education and in health and support services to families with young children shall actively support the South Carolina First Steps to School Readiness initiative. In addition to those agencies answering directly to the Governor, those agencies headed by boards and commissions or constitutional officers shall use their resources to support, as appropriate, the goals of the First Steps initiative reflected in Section 59-152-20 and the long-term plans of the First Steps partnerships and to assure that relevant planning documents or processes are consistent with, and supportive of early childhood development and education, family support, and health.
SECTION 8. This act takes effect upon approval by the Governor. The provisions of this act are repealed in July 1, 2007 unless reauthorized by the General Assembly. /
Amend title to conform.
/s/ James Bryan /s/ Ronald Townsend /s/ John Matthews /s/ Robert Walker /s/ Linda Short /s/ Harry Stille On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
Senator FAIR desired to be recorded as voting against the adoption of the Free Conference Report.
Columbia, S.C., June 3, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3640 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF THE CRIMINAL RECORDS OF A PERSON WHOSE CRIMINAL CHARGE HAS BEEN DISCHARGED OR DISMISSED OR WHO HAS BEEN FOUND INNOCENT OF A CRIMINAL CHARGE, SO AS TO PROVIDE
Received as information.
H. 3833 (Word version) -- Rep. Robinson: A BILL 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.
On motion of Senator THOMAS, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator THOMAS spoke on the report.
On motion of Senator THOMAS, the Report of the Committee of Conference to H. 3833 was adopted as follows:
The General Assembly, Columbia, S.C., June 3, 1999
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3833 (Word version) -- Rep. Robinson: A BILL 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.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
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 12-54-75. (A) The State Treasurer may authorize a state agency which collects revenues, either as taxes or license fees or as payment for goods or services, to accept electronic forms of payment including, but not limited to, credit cards, debit cards, bank debits or credits, or electronic purse options. These electronic payments may be accepted in the course of an electronic commerce transaction, in which the business transaction is conducted by means of the internet, interactive voice response, or other fully electronic means.
(B) The State Treasurer may contract on behalf of the agencies with payment service providers for the processing of electronic payments, and may negotiate associated processing fees. The agency collecting revenues electronically may withhold the negotiated processing fees for payment to service providers from the revenues collected."
SECTION 2. Section 12-37-220(B) of the 1976 Code is amended by adding:
"(42) All real property of charitable trusts and foundations held for historic preservation of forts and battlegrounds which extends beyond the buildings and premises actually occupied by the charitable trusts and foundations which own the real property if no profit or benefit from any operation on the charitable trusts and foundations' real property inures to the benefit of any private stockholder or individual and no income producing ventures are located on the charitable trusts and foundations' real property. This exemption does not change any exemption provided for charitable trusts and foundations in item (4) of subsection (A) of this section and item (d), Section 3, Article X of the Constitution of this State but is an additional exemption for charitable trusts and foundations for historic preservation as provided in this item."
SECTION 3. This act takes effect upon approval by the Governor. /
Amend title to conform.
/s/ David L. Thomas /s/ Alfred B. Robinson /s/ Kay Patterson /s/ William "Bill" Clyburn /s/ J. Yancey McGill /s/ Lewis R. Vaughn On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
Columbia, S.C., June 3, 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. 3833 (Word version) -- Rep. Robinson: A BILL 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.
Very respectfully,
Speaker of the House
H. 3833 (Word version) -- Rep. Robinson: A BILL 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.
The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
A message was sent to the House accordingly.
Columbia, S.C., May 27, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 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: A BILL TO DIRECT THE STATE BOARD OF EDUCATION THROUGH THE DEPARTMENT OF
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: A BILL 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.
On motion of Senator SETZLER, the Senate insisted upon its amendments to H. 4000 and asked for a Committee of Conference.
Whereupon, the PRESIDENT Pro Tempore appointed Senators BRYAN, MESCHER and GLOVER of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., June 3, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Hamilton, J. Hines and Hinson of the Committee of Conference on the part of the House on:
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: A BILL 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.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 373 (Word version) -- Senator Holland: A BILL 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; AND TO AMEND THE CODE OF LAWS BY ADDING SECTION 7-5-325, SO AS TO
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 509 (Word version) -- Senator Drummond: A BILL TO AMEND SECTION 9-1-1670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECT OF AN ERROR IN RECORDS OF THE STATE RETIREMENT SYSTEM, SO AS TO PROVIDE FOR CORRECTION OF AN ERROR WITHIN TWO YEARS OF ITS COMMISSION UPON WRITTEN CERTIFICATION OF THE ERROR AND CORRECTION OF ITS RECORDS BY THE EMPLOYER, AND TO PROVIDE THAT THE TWO-YEAR LIMIT DOES NOT APPLY TO PENDING REQUESTS FOR CORRECTION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 786 (Word version) -- Senator McGill: A BILL TO AMEND ACT 295 OF 1985, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO REVISE
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3404 (Word version) -- Reps. W. McLeod and Scott: A BILL TO PROVIDE FOR NONPARTISAN ELECTIONS FOR MEMBERS OF THE ALLENDALE COUNTY BOARD OF EDUCATION TO BE HELD AT THE TIME OF THE GENERAL ELECTION BEGINNING IN 2000; TO PROVIDE PROCEDURES WHEREBY A PERSON MAY DECLARE HIS CANDIDACY AND WHEREBY THE ELECTIONS ARE CONDUCTED AND RESULTS DETERMINED; TO PROVIDE FOR THE GENERAL POWERS AND DUTIES OF THE BOARD; AND TO PROVIDE FOR THE TERMS OF THE MEMBERS SO ELECTED.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4052 (Word version) -- Rep. Quinn: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF AUGUST, 1999, AS "SAFE SCHOOLS AWARENESS MONTH" IN SOUTH CAROLINA IN ORDER TO RAISE PUBLIC AWARENESS THAT IT IS THE RESPONSIBILITY OF ALL THE STATE'S CITIZENS, GROUPS, AND COMMUNITIES TO WORK FOR THE PREVENTION OF SCHOOL
Received as information.
Columbia, S.C., June 3, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4237 (Word version) -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Harrison, Sharpe, D. Smith and Townsend: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 3, 1999, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, JUNE 15, 1999, IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL FRIDAY, JUNE 18, 1999, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT, WHEN EACH HOUSE ADJOURNS ON FRIDAY, JUNE 18, 1999, NOT LATER THAN 5:00 P.M., THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Very respectfully,
Speaker of the House
Received as information.
H. 3717 (Word version) -- Rep. Battle: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 82 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF LIQUID PETROLEUM GAS DEALERS, TRANSPORTERS, AND EQUIPMENT INSTALLERS, TO RE-ESTABLISH THE LIQUID PETROLEUM GAS BOARD AND INCREASE ITS
The House returned the Bill with amendments.
On motion of Senator MOORE, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 384 (Word version) -- Senators Anderson, Washington, Matthews, Patterson, Glover, Ford and Reese: A BILL TO AMEND SECTION 24-3-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PLACES OF CONFINEMENT FOR A PERSON CONVICTED OF AN OFFENSE AGAINST THE STATE, SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS SHALL CONSIDER PROXIMITY TO THE HOME OF THE CONVICTED PERSON IN DESIGNATING THE PLACE OF HIS CONFINEMENT UNDER CERTAIN CIRCUMSTANCES.
The House returned the Bill with amendments.
On motion of Senator THOMAS, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 488 (Word version) -- Senator Moore: A BILL TO AMEND CHAPTER 101, TITLE 59 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLEGES AND INSTITUTIONS OF HIGHER LEARNING, BY ADDING SECTION 59-101-187, SO AS TO PROVIDE THAT A GOVERNING BOARD OF A STATE SUPPORTED COLLEGE, UNIVERSITY, OR TECHNICAL
The House returned the Bill with amendments.
On motion of Senator SETZLER, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
H. 3836 (Word version) -- Rep. Robinson: A BILL TO AMEND SECTION 4-10-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIDENTIFIED LOCAL OPTION SALES TAX REVENUES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 4-10-330, RELATING TO LOCAL CAPITAL PROJECT SALES TAX, SO AS TO CHANGE THE REFERENDUM CERTIFICATION DATE FROM DECEMBER THIRTY-FIRST TO NOVEMBER THIRTIETH; TO AMEND SECTION 4-10-350, RELATING TO THE ADMINISTRATION AND COLLECTION OF LOCAL SALES TAX, SO AS TO DELETE REFERENCES TO MUNICIPALITIES; TO AMEND SECTION 4-10-360, RELATING TO LOCAL SALES TAX REVENUES AND MISALLOCATIONS, SO AS TO PROVIDE FOR PROSPECTIVE CORRECTION OF A MISALLOCATION RESULTING FROM A LOCAL CODE ERROR; TO AMEND ARTICLE 3, CHAPTER 10, TITLE 4, RELATING TO LOCAL SALES TAX, BY ADDING SECTION 4-10-380 SO AS TO PROVIDE FOR DISTRIBUTION OF UNIDENTIFIED LOCAL OPTION CAPITAL PROJECT SALES TAX; TO AMEND SECTION 4-37-30, AS AMENDED, RELATING TO FINANCING OF LOCAL TRANSPORTATION FACILITIES, SO AS TO CHANGE THE REFERENDUM CERTIFICATION DATE FROM SIXTY DAYS OF THE REFERENDUM TO NOVEMBER THIRTIETH AND TO PROVIDE FOR IMPOSITION OF THE TAX ON MAY FIRST FOLLOWING, INSTEAD OF ONE HUNDRED EIGHTY DAYS AFTER, THE REFERENDUM, AND TO PROVIDE FOR PROSPECTIVE CORRECTION OF MISALLOCATED REVENUES RESULTING FROM LOCAL CODE ERRORS; TO AMEND
The House returned the Bill with amendments.
On motion of Senator MOORE, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 7 (Word version) -- Senators Short, Leventis, McGill, Glover, Washington, Reese and Setzler: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 SO AS TO ENACT THE "MEDICAL RADIATION HEALTH AND SAFETY ACT"; TO RECOGNIZE THE SOUTH CAROLINA RADIATION QUALITY STANDARDS ASSOCIATION; AND TO ESTABLISH CERTIFICATION REQUIREMENTS OF PERSONS USING RADIOACTIVE MATERIALS OR EQUIPMENT EMITTING IONIZING RADIATION ON HUMANS FOR DIAGNOSTIC AND THERAPEUTIC PURPOSES.
The House returned the Bill with amendments.
On motion of Senator SHORT, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 585 (Word version) -- Senator McConnell: A BILL 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 ASSESSMENTS IMPOSED ON CONVICTIONS IN GENERAL SESSIONS, MUNICIPAL, AND MAGISTRATE'S COURT, SO AS TO PROVIDE THAT INSTEAD OF FUNDS NOT USED FOR THE PROVISION OF VICTIMS SERVICES AT THE END OF THE FISCAL YEAR BEING USED FOR THE CAPITAL AND OPERATING NEEDS OF THE JUDICIAL SYSTEM, THE UNUSED FUNDS MUST BE CARRIED FORWARD FROM YEAR TO YEAR AND USED EXCLUSIVELY FOR THE PROVISION OF VICTIM SERVICES, AND TO AMEND SECTION 14-1-211, AS AMENDED, RELATING TO A SURCHARGE IMPOSED ON CONVICTIONS IN GENERAL SESSIONS, MUNICIPAL AND MAGISTRATE'S COURT, SO AS TO DELETE A PROVISION THAT THE SURCHARGE FUNDS ARE PART OF THE GENERAL FUND OF THE CITY OR COUNTY FOR THE PURPOSE OF FUNDS ALLOCATION AND EXPENDITURE AND TO PROVIDE THAT UNUSED FUNDS MUST BE CARRIED FORWARD FROM YEAR TO YEAR AND USED EXCLUSIVELY FOR PROVISION OF SERVICES TO CRIME VICTIMS.
The House returned the Bill with amendments.
On motion of Senator McCONNELL, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
H. 4110 (Word version) -- Rep. Campsen: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF WATERCRAFT, BY ADDING SECTION 50-21-133 SO AS TO ESTABLISH A NO WAKE ZONE FROM NAUTICAL DAY MARKER NUMBER 125 AT COVE INLET TO THE WESTERNMOST TIP OF SULLIVAN'S ISLAND.
The House returned the Bill with amendments.
Senator GREGORY explained the House amendment.
On motion of Senator GREGORY, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 403 (Word version) -- Senators Courtney, Short, Moore and Washington: A BILL 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
The House returned the Bill with amendments.
On motion of Senator COURTNEY, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
H. 3904 (Word version) -- Rep. Lanford: A BILL 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
The House returned the Bill with amendments.
On motion of Senator COURSON, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
H. 3522 (Word version) -- Rep. Altman: A BILL TO MAKE FINDINGS OF LEGISLATIVE INTENT WITH RESPECT TO THE SPECIAL NEEDS OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS TO MAINTAIN MAXIMUM FLEXIBILITY IN MANAGEMENT AND OPERATIONS; TO AMEND SECTION
The House returned the Bill with amendments.
On motion of Senator PASSAILAIQUE, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 250 (Word version) -- Senators Leatherman and Hayes: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF
The House returned the Bill with amendments.
On motion of Senator MOORE, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
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.
The House returned the Bill with amendments.
On motion of Senator MOORE, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
H. 3640 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF THE CRIMINAL RECORDS OF A PERSON WHOSE CRIMINAL CHARGE HAS BEEN DISCHARGED OR DISMISSED OR WHO HAS BEEN FOUND INNOCENT OF A CRIMINAL CHARGE, SO AS TO PROVIDE THAT A CLERK OF COURT MUST DESTROY AND MUST NOT RETAIN THESE RECORDS.
The House returned the Bill with amendments.
On motion of Senator BRYAN, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
S. 818 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE AND SENATE CHAMBERS ON THURSDAY, NOVEMBER 4TH, AND FRIDAY, NOVEMBER 5TH, 1999, AND THE USE OF AVAILABLE MEETING SPACE IN THE BLATT OFFICE BUILDING ON WEDNESDAY, NOVEMBER 3RD, 1999, FOR THE ORGANIZATION'S ANNUAL MEETING, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERKS OF THE RESPECTIVE BODIES.
Returned with concurrence
Received as information.
S. 855 (Word version) -- Senator Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME EXIT 82 AT THE INTERSECTION OF CHERRY ROAD AND INTERSTATE I-77 THE "COLEMAN POAG INTERCHANGE" IN HONOR OF THE HONORABLE COLEMAN GROVES POAG, WHO SERVED THE STATE OF SOUTH CAROLINA AND THE COUNTY OF YORK WITH DISTINCTION AS A STATE SENATOR AND AS A MEMBER OF THE HOUSE OF REPRESENTATIVES AND WHO HAS SERVED HIS STATE WITH DISTINCTION AS A MEMBER OF THE BOARD OF VISITORS OF CLEMSON UNIVERSITY; AND TO REQUEST THE DEPARTMENT TO ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.
Returned with concurrence
Received as information.
S. 888 (Word version) -- Senator Waldrep: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE UNTIMELY DEATH OF WILLIAM FLOYD,
Received as information.
S. 892 (Word version) -- Senator Passailaigue: A CONCURRENT RESOLUTION TO CONGRATULATE SUSAN H. BROOKS, DIRECTOR OF INTERNATIONAL PROGRAMS AND SERVICES AT THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, ON BEING NAMED OUTSTANDING FEMALE STATE EMPLOYEE BY THE SOUTH CAROLINA STATE EMPLOYEES ASSOCIATION.
Returned with concurrence
Received as information.
S. 896 (Word version) -- Senators Leventis, Jackson, Courson, Giese and Patterson: A CONCURRENT RESOLUTION EXTENDING THE SUPPORT OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE COMMENDABLE EFFORTS OF THE DEDICATED CITIZENS FROM THE PUBLIC AND PRIVATE SECTOR IN MAKING KENSINGTON MANSION A FOCAL POINT FOR EDUCATION, CULTURAL AND HERITAGE TOURISM FOR ALL THE PEOPLE OF SOUTH CAROLINA.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Joint Resolutions were read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 4072 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ENVIRONMENTAL PROTECTION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2374, PURSUANT TO THE
(By prior motion of Senator MOORE, with unanimous consent)
H. 4073 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO INDIVIDUAL RESIDENTIAL WELL AND IRRIGATION WELL PERMITTING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2351, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 3082 (Word version) -- Reps. Townsend, Walker, Delleney, J. Brown, Stuart, Harrison, Allison, J. Hines, Edge, Robinson, Rodgers, Cato, Wilkins, Sandifer, Moody-Lawrence, Lourie, J. Smith, F. Smith, Rutherford, Maddox, Allen, Ott, Harvin, Kennedy, Jennings, Bales, Hayes, W. McLeod, Simrill, Knotts and Webb: 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 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.
(By prior motion of Senator SETZLER, with unanimous consent)
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,
(By prior motion of Senator MOORE, with unanimous consent)
H. 3963 (Word version) -- Rep. Quinn: A BILL TO AMEND SECTION 12-43-217, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF COUNTYWIDE REASSESSMENT AND EQUALIZATION PROGRAM, SO AS TO PROVIDE FOR A DELAY IN THE IMPLEMENTATION OF THE REVISED VALUES RESULTING FROM SUCH A PROGRAM IN JURISDICTIONS WHICH CROSS COUNTY LINES EXCEPT WHERE ALL COUNTIES IN WHICH THE JURISDICTIONS LOCATED SIMULTANEOUSLY IMPLEMENT SUCH A PROGRAM.
(By prior motion of Senator COURSON, with unanimous consent)
H. 3705 (Word version) -- Reps. Breeland, Bailey, G. Brown, J. Brown, T. Brown, Chellis, Clyburn, Dantzler, Gourdine, Govan, Harrison, Hayes, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Law, Lloyd, McGee, Miller, Moody-Lawrence, Neilson, F. Smith, R. Smith, Whipper and Young-Brickell: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO PROVIDE A DEFINITION OF "VETERAN", REQUIRE THE APPOINTMENT OF A VETERAN TO THE POST OF COUNTY VETERANS AFFAIRS OFFICER, PROVIDE EXCEPTIONS,
Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator MESCHER proposed the following amendment (3705R001.WCM), which was adopted:
Amend the bill, as and if amended, page 2, by striking line 11 and inserting in lieu thereof the following:
/ Qualifications shall be determined by the county delegation upon a majority vote of the senators representing the county and a majority of the House members representing the county. Any /
Renumber sections to conform.
Amend title to conform.
Senator HOLLAND explained the amendment.
The amendment was adopted.
Senator MARTIN proposed the following amendment (JUD3705.003), which was adopted:
Amend the bill, as and if amended, page 2, line 11, in Section 25-11-40(B), as contained in SECTION 1, by inserting after /county/ the following: / legislative /
Amend the bill further, as and if amended, page 2, beginning on line 18, in Section 25-11-40(C), as contained in SECTION 1, by striking lines 18 through 31 and inserting therein:
/ accreditation within six months following initial appointment, either through the Division of Veterans' Affairs or through an accredited national veterans service organization. The Division of Veterans' Affairs shall develop the training criteria. Training and accreditation must be provided by the Division of Veterans' Affairs or through an accredited national veterans service organization. Any county veterans affairs officer who does not complete the required training and receive accreditation within the first six months following appointment is ineligible for reappointment by the county legislative
Amend title to conform.
Senator HOLLAND 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.
H. 3146 (Word version) -- Reps. Cobb-Hunter and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-1-205 SO AS TO REQUIRE AN AGENCY RECEIVING FUNDS FROM THE DEPARTMENT OF SOCIAL SERVICES FOR THE TREATMENT OF PERPETRATORS OF DOMESTIC VIOLENCE TO COMPLY WITH PROGRAM STANDARDS CONTAINED IN THE DEPARTMENT'S ANNUAL BATTERED SPOUSE STATE PLAN.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the General Committee.
The General Committee proposed the following amendment (PSD\7552AC99), which was adopted:
Amend the bill, as and if amended, Section 43-1-205, page 1, on lines 33 and 40 after / master's degree / by inserting / in social work, counseling, or another related field /
Renumber sections to conform.
Amend title to conform.
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 following Bills were read the third time and ordered sent to the House of Representatives:
S. 95 (Word version) -- Senators Giese and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-71-65 SO AS TO PROVIDE THAT A HOSPICE CARE FACILITY IS SUBJECT TO REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PURSUANT TO TITLE 44, CHAPTER 71 AND THAT SUCH FACILITIES ARE NOT SUBJECT TO REGULATIONS PERTAINING TO THE LICENSURE AND REGULATION OF NURSING HOMES OR COMMUNITY RESIDENTIAL CARE FACILITIES; TO AMEND SECTION 44-7-130, AS AMENDED, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT AND SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CERTIFICATE OF NEED PROCESS, BOTH SO AS TO EXEMPT HOSPICE CARE FACILITIES FROM THE CERTIFICATE OF NEED PROCESS; TO AMEND SECTION 44-71-20, RELATING TO DEFINITIONS FOR THE LICENSURE OF HOSPICE PROGRAMS, SO AS TO CLARIFY THE SCOPE OF INPATIENT HOSPICE SERVICES AND TO DEFINE HOSPICE CARE FACILITIES; AND TO AMEND SECTION 44-71-60, RELATING TO THE PROMULGATION OF REGULATIONS FOR HOSPICE PROGRAMS, SO AS TO INCLUDE REGULATIONS FOR HOSPICE CARE FACILITIES.
(By prior motion of Senator GIESE, with unanimous consent)
S. 848 (Word version) -- Senators Glover, McGill, Land and Elliott: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE FLORENCE COUNTY TRANSPORTATION COMMITTEE.
(By prior motion of Senator GLOVER)
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
H. 3751 (Word version) -- Reps. Rodgers, Gilham, Lloyd and Pinckney: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-138, SO AS TO ESTABLISH A NO WAKE ZONE ON A PORTION OF LUCY POINT CREEK IN BEAUFORT COUNTY.
The following Bill, having been read the second time, was ordered placed on the third reading Calendar:
H. 3037 (Word version) -- Rep. Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 7 TO TITLE 31 SO AS TO PROVIDE FOR THE ISSUANCE OF INDEBTEDNESS BY COUNTIES IN CONNECTION WITH REDEVELOPMENT PROJECTS AND THE PAYMENT OF SUCH INDEBTEDNESS FROM ADDED INCREMENTS OF TAX REVENUES.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Branton Bryan Cork Courson Courtney Drummond 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 Smith, J. Verne Thomas Waldrep Washington Wilson
The Bill was read the second time, passed and ordered to a third reading.
H. 4118 (Word version) -- Reps. Robinson, Simrill, Knotts, Haskins, McGee, Law, Allen, Allison, Altman, Barrett, Cato, Easterday, Fleming, Gourdine, Hamilton, Harvin, Inabinett, Kennedy, Lanford, Leach, Loftis, Maddox, Mason, McCraw, McKay, Meacham, Moody-Lawrence, Neilson, Phillips, Rice, Rodgers, Sandifer, Stille, Taylor, Trotter, Vaughn and Webb: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT, THE SECRETARY OF DEFENSE, AND THE CONGRESS OF THE UNITED STATES TO SUPPORT THE BERRY AMENDMENT AND "BUY AMERICAN" LAWS, WHICH REQUIRE THE DEPARTMENT OF DEFENSE TO PURCHASE GOODS, MATERIALS, AND SUPPLIES MADE IN AMERICA FOR AMERICA'S MILITARY AND DEFENSE NEEDS AND TO DEFEAT ANY MEASURE OR PROPOSAL INTRODUCED IN THE CONGRESS OF THE UNITED STATES THAT WOULD HAVE THE EFFECT OF SUSPENDING OR REPEALING THE BERRY AMENDMENT OR ALLOW THE SECRETARY OF DEFENSE TO WAIVE "BUY AMERICAN" LAWS.
Senator MARTIN asked unanimous consent to take the Concurrent Resolution up for immediate consideration.
There was no objection.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4083 (Word version) -- Rep. Jennings: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 9 ALTERNATE TRUCK ROUTE IN THE VICINITY OF THE TOWN OF CHERAW IN CHESTERFIELD COUNTY "JEAN LANEY HARRIS BOULEVARD" IN MEMORY OF OUR LATE COLLEAGUE AND FRIEND, REPRESENTATIVE JEAN LANEY
Senator HOLLAND asked unanimous consent to take the Concurrent Resolution up for immediate consideration.
There was no objection.
The Concurrent Resolution was adopted, ordered returned to the House.
Columbia, S.C., June 3, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 3705 (Word version) -- Reps. Breeland, Bailey, G. Brown, J. Brown, T. Brown, Chellis, Clyburn, Dantzler, Gourdine, Govan, Harrison, Hayes, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Law, Lloyd, McGee, Miller, Moody-Lawrence, Neilson, F. Smith, R. Smith, Whipper and Young-Brickell: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO PROVIDE A DEFINITION OF "VETERAN", REQUIRE THE APPOINTMENT OF A VETERAN TO THE POST OF COUNTY VETERANS AFFAIRS OFFICER, PROVIDE EXCEPTIONS, CHANGE PROVISIONS REGARDING THE TERM OF OFFICE, AND PROVIDE FOR A TRAINING COURSE, ACCREDITATION, AND REFRESHER TRAINING.
Very respectfully,
Speaker of the House
Received as information.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 3751 (Word version) -- Reps. Rodgers, Gilham, Lloyd and Pinckney: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-138, SO AS TO
Senator HUTTO asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Having voted on the prevailing side, Senator HUTTO moved to reconsider the vote whereby the Bill was given a second reading.
There was no objection.
Senator HUTTO proposed the following amendment (3751R002.CBH), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
/ SECTION 1. Section 50-21-10 is amended by adding an appropriately numbered new item to read:
"( ) 'Reportable boating accident' means an accident, collision, or other casualty involving a vessel, other than a commercial vessel, subject to this chapter and resulting in loss of life, injury which results in loss of consciousness, necessity for medical treatment, necessity to carry a person from the scene, disability which prevents the discharge of normal duties beyond the day of casualty, or actual physical damage to property including vessels in excess of one thousand dollars."
SECTION 2. Notwithstanding any other provision of law, upon approval by the Governor, the provisions of this section shall become effective and supercede Section 50-21-10(20) in H.4110 if H.4110 is enacted into law.
/
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator HUTTO, with unanimous consent, H. 3751 was ordered to receive a third reading on Friday, June 4, 1999.
On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.
At 12:20 P.M., on motion of Senator MOORE, the Senate receded from business until 1:15 P.M.
The Senate reassembled at 1:15 P.M. and was called to order by the PRESIDENT.
At 1:19 P.M., on motion of Senator MARTIN, the Senate receded from business pending the presence of a quorum.
At 1:31 P.M., the Senate resumed.
At 1:31 P.M., Senator MARTIN assumed the Chair.
At 1:31 P.M., on motion of Senator BRYAN, the Senate receded from business until 2:30 P.M.
At 2:36 P.M., the Senate resumed.
At 2:36 P.M., on motion of Senator SETZLER, the Senate receded from business not to exceed fifteen minutes.
At 2:52 P.M., the Senate resumed.
In commemoration of continuous service with the State of South Carolina, Senator DRUMMOND, PRESIDENT Pro Tempore of the Senate, presented certificates and awarded service pins to the following Senator and staff for their respective years of state service:
Senator Holly Cork 10 years
Robert Dawkins 10 years
Daniel Gregory 10 years
Joseph Henry 10 years
John Kresslein 10 years
Jean Padgett 20 years
Reverend George E. Meetze 50 years
H. 3617 (Word version) -- Reps. Witherspoon, Sharpe, Sandifer, Breeland, Miller, Riser, Rodgers, Campsen, Beck, Altman, Seithel, M. McLeod, Cobb-Hunter, Ott, Harrell, Inabinett, Whatley, Battle and McGee: A BILL TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE MARINE RESOURCES DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF MARINE RESOURCES, SO AS TO ENACT THE "SOUTH CAROLINA MARINE RESOURCES ACT OF 1999", AND TO REVISE PROVISIONS REGULATING MARINE RESOURCES AND THE MANNER THAT MARINE LIFE MAY BE HARVESTED, DEFINITIONS, OFFENSES, JURISDICTION, LAW ENFORCEMENT AUTHORITY, PROGRAMS, SUSPENSION OF PRIVILEGES, PENALTIES, ZONES, AND BOARDING OF VESSELS; TO PROVIDE FOR MARINE LICENSES AND PERMITS; TO PROVIDE FOR THE USE OF FISHING EQUIPMENT; TO PROVIDE FOR AND REGULATE TRAWLING, THE TAKING OF SHELL FISH, SHRIMP, ANADROMOUS AND CATADROMOUS FINFISH, ESTUARINE AND SALTWATER FINFISH, RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT, MARICULTURE, AND TO PROVIDE MISCELLANEOUS PROVISIONS NECESSARY TO REGULATION AND MANAGEMENT OF MARINE RESOURCES, TO PROVIDE FOR A POINT SYSTEM FOR VIOLATIONS OF MARINE RESOURCES LAWS, TO PROVIDE FOR INTERJURISDICTIONAL FISHERY MANAGEMENT; TO AMEND SECTION 44-1-152, RELATING TO REVENUE FROM FINES AND FORFEITURES, SO AS TO FURTHER PROVIDE FOR THE DISPOSITION OF REVENUE FROM FINES AND FORFEITURES; TO ADD SECTION 50-1-295 SO AS TO PROHIBIT REMOVING OR DISTURBING SIGNS, BUOYS, OR OTHER DEVICES USED BY THE DEPARTMENT, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-13-650, RELATING TO THE USE OF NETS OR SEINES IN THE SAVANNAH RIVER; TO AMEND SECTION 50-13-730, RELATING TO THE USE OF NETS TO TAKE NONGAME FISH IN GAME ZONE 9, SO AS TO MAKE THE PROVISIONS OF THIS
Senator LEATHERMAN 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 the amendment proposed by the Committee on Fish, Game and Forestry.
The Committee on Fish, Game and Forestry proposed the following amendment (GJK\20759DJC99), which was adopted:
Amend the bill, as and if amended, SECTION 1, Section 50-5-90(B), page 3617-15, by striking /one thousand/ on line 21 and inserting /five hundred/. When amended, Section 50-5-90(B) shall read:
/(B) Failure or refusal to comply with any lawful order or direction or to obstruct or evade or interfere with any officer enforcing the provisions of this chapter shall be deemed a misdemeanor, and a person convicted thereof must be fined not less than five hundred dollars and not more than twenty-five hundred dollars or imprisonment for not more than thirty days./
Amend the bill further, as and if amended, SECTION 2, Section 50-5-375(B), page 3617-26, line 43, by striking /, and the privilege of the person or entity to hold the wholesale seafood dealer license must be suspended for six months/. When amended, Section 50-5-375(B) shall read:
/(B) Any seafood dealer who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days. The provisions of this section do not supersede or replace any criminal sanctions for defrauding or attempting to defraud this State./
Amend the bill further, as and if amended, SECTION 4, Section 50-5-715(E), page 3617-46, by striking subsection (E), lines 12 through seventeen, and inserting /(E) A person who violates this section by trawling in a restricted area during the open season is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars and not more than one thousand dollars or imprisoned for not more than thirty days./
Amend the bill further, as and if amended, SECTION 4, Section 50-5-715(F), page 3617-46, by striking subsection (F), lines 18 through 26, in its entirety.
Amend the bill further, as and if amended, SECTION 4, Section 50-5-770(E), page 3617-49, beginning on line 25, by striking /is contraband/ and inserting /may be seized/. When amended, Section 50-5-770(E) shall read:
/(E) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days, and any such net may be seized./
Amend the bill further, as and if amended, SECTION 13, page 3617-91, beginning on line 7, by striking SECTION 13 in its entirety and inserting:
/ SECTION 13. Chapter 5, Title 50 of the 1976 Code is amended by adding:
Point System for Violations of Marine Resources Laws
Section 50-5-2500. (A) There are established the following point values to be assigned by the department in suspending the saltwater privileges of persons or entities found to be in violation of this chapter. Point assignments shall be:
(1) failing to keep records or make reports required by law, permit, or regulation: 4;
(2) violating law pertaining to crab size limit or sponge crabs: 4;
(3) violations of a section of Title 50 pertaining to saltwater privileges not mentioned specifically in this section: 6;
(4) taking, attempting to take, or possessing fish, shellfish, or crustaceans in an unlawful manner, in unlawful or closed areas including areas closed by the Department of Health and environmental Control, during unlawful hours, or during the closed season for the activity, except trawling violations: 8;
(5) selling or offering for sale fish, shellfish, crustaceans, or other seafood or marine products without a proper license: 8;
(6) unlawfully buying fish, shellfish, crustaceans, or other seafood or marine products: 8;
(7) trawling inside the General Trawling Zone other than in restricted areas:
(a) more than one-quarter nautical mile during the closed season: 10;
(b) more than one-quarter nautical mile at a time more than ten minutes before daily opening or ten minutes after daily closing times during the open season: 10;
(8) trawling in a restricted area during closed season: 10;
(9) trawling outside the General Trawling Zone:
(a) one hundred yards or less distance from the nearest point of the General Trawling Zone during the open season: 10;
(b) more than one hundred yards distance from the nearest point of the General Trawling Zone during the open season: 18;
(c) during the closed season: 18;
(10) taking or attempting to take fish, shellfish, or crustaceans for a commercial purpose without a proper license, permit, or stamp: 10;
(11) captain or crew of a boat failing to cooperate with an enforcement officer: 18;
(12) channel netting in an area closed to channel netting or during closed season for channel netting: 18; and
(13) applying for or obtaining any resident license as provided in this chapter using a falsified application or supporting documentation, or simultaneously possessing any currently valid South Carolina resident license as provided in this chapter while possessing any resident license from another state: 18.
(B) The points and penalties assessed under this article are in addition to criminal penalties which may be assessed. Statutory suspension of saltwater privileges provided in other articles of this chapter take precedence over assessment of points under this article.
Section 50-5-2505. (A) Each time a person is convicted of a violation enumerated in Section 50-5-2500 the number of points
(1) commercial, and
(2) recreational.
Points resulting from any violation must be assigned under only one point category.
(B) Points assigned for any violation for a commercial purpose except related to an activity authorized solely under a wholesale seafood dealer license must be assigned to the commercial category.
(C) Points assigned for any violation not for a commercial purpose or not related to an activity authorized solely under a wholesale seafood dealer license must be assigned to the recreational category.
(D) For each twelve-month period in which the person received no points, the department shall deduct one-half of the accumulated points under each point category if the number of points under that point category is greater than three. If a person has three or less points under a point category at the end of a calendar year in which no points were received, the department shall reduce his point total to zero under that point category.
(E) The points and penalties assessed under this article are in addition to criminal penalties which may be assessed. Statutory suspension of saltwater privileges provided in other articles of this chapter take precedence over assessment of points under this article.
(F) Nothing in this article affects the action of the department in suspending, revoking, or canceling a license or permit when the action is mandatory under the laws of this State.
Section 50-5-2510. The department must suspend for one year the related saltwater privileges and associated licenses, stamps, and permits issued to a person who has accumulated eighteen or more points under any point category. Privileges related to each point category are as follows:
(1) commercial: any and all commercial saltwater fishing license, equipment license, and bait dealer license, and
(2) recreational: marine recreational fishing stamp, pier license, charter boat license, shrimp baiting license, and any other saltwater licenses utilized for recreational purposes.
(B) Any suspension under this article begins the eleventh day after the person or entity receives written notice by mail, return receipt requested, of the suspension and ends the same day the following year.
Section 50-5-2515. (A) Upon determination by the department that a person or entity has accumulated sufficient points to warrant the
(B) The person, within ten days after the notice of suspension, may request in writing a review and, upon receipt of the request, the department shall afford him a review. The department shall notify him of the date, time, and place of the review, and he may be represented by an attorney. The review must take place within twenty working days of receiving the request.
(C) If the person requests a review, the suspension must be held in abeyance until the day of the final disposition of his review by the department. If the suspension is upheld, the suspension begins the eleventh day after the review and ends the same day the following year. The review by the department is limited to a determination of the validity of the violations and points assessed. No probationary authority is given to the department.
Section 50-5-2520. A person or entity whose saltwater privileges have been suspended may appeal the decision of the department under Article 3, Chapter 23 of Title 1, the Administrative Procedures Act.
Section 50-5-2525. After the expiration of a period of suspension of saltwater privileges under a point category the person's or entity's record must be cleared of points in only that category. When a person's or entity's privileges are suspended under another article and the person or entity has accumulated enough points to be suspended under this article, the suspension will run concurrently. Where a violation actually results in a suspension of all saltwater fishing privileges under another article, no points shall be assigned under this system for the violation.
Section 50-5-2530. The department shall administer and enforce this article and may promulgate regulations for its implementation. The department must inform the public of the point system.
Section 50-5-2535. A person engaging in activities prohibited by this chapter while the person is under suspension, is guilty of a misdemeanor and, upon conviction, for a first offense must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned thirty days and have all saltwater privileges suspended for an additional three-year period. A person convicted of a second or subsequent offense under this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor
Section 50-5-2536. (A) While under suspension for recreational activities, any person found guilty of a commercial violation of this chapter shall have all saltwater privileges suspended for one year.
(B) While under suspension for commercial activities, any person found guilty of a recreational violation of this chapter shall have all saltwater privileges suspended for one year.
Section 50-5-2540. (A) It is unlawful for a person whose commercial privileges are suspended under this chapter:
(1) to take or attempt to take saltwater fish for commercial purposes; or
(2) to be on board any vessel while the vessel is being utilized to take or in an attempt to take saltwater fish for commercial purposes. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined five thousand dollars or imprisoned for not more than thirty days, and all saltwater privileges must be suspended for an additional period of five years.
(B) No person for whom a saltwater privilege is suspended may purchase or acquire, or attempt to purchase or acquire, a license, permit, or stamp for any privilege which has been suspended. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days and by extension of the suspension period for twelve months.
(C) No court may suspend any portion of the minimum fines or lengths of imprisonment provided in this section.
Section 50-5-2545. All points received prior to the effective date of the Marine Resources Act of 1999 shall be assigned under the 'commercial category' and remain effective until the validity of these points no longer exists. All suspensions and actions prior to the Marine Resources Act of 1999 remain in effect under the previous mandates until expired."
Amend the bill further, as and if amended, SECTION 2, Section 50-5-360, page 3617-25, line 8, by adding a new subparagraph to read /(H) so that when amended, Section 50-5-360(H) shall read:
/(H)(1) Persons licensed under this section upon a fourth conviction within a period of three years of provisions related to:
(a) possession of undersized fishery products;
(b) improper marking or tagging of fishery products;
(c) failure to report or maintain records; or
(d) unlawful purchase of fishery products
shall have his privilege to hold a wholesale seafood dealer license suspended for a period of twelve months.
(2) Any person convicted of selling or offering for sale fish or fishery products while under suspension is guilty of a misdemeanor and, upon conviction, must be fined no less than one thousand dollars but not more than two thousand dollars or imprisoned for not more than thirty days and must have all his saltwater privileges suspended for three years.
(3) For the purposes of this section, a conviction must occur on a separate date from other unlawful acts named in this section to be considered a prior offense. /
Amend the bill further, as and if amended, SECTION 5, Section 50-5-990(A), page 3617-58, by deleting on lines 20 and 21 /or greater that two and one-half inches/. When amended, Section 50-5-990(A) shall read:
"(A) It is unlawful to take or attempt to take, possess, sell, purchase, or import a hard clam of the genus Mercenaria of less than one inch in thickness as measured from the exterior surface of one shell of the intact clam to the exterior surface of the opposite shell. A person taking a clam of other than legal size must immediately return it to the bottoms from whence it came."/
Amend the bill further, as and if amended, SECTION 4, Section 50-7-715(B), page 3617-46, line 6, by striking /, from 8:00 a.m. until 9:00 p.m. local time/. When amended, Section 50-7-715(B) shall read:
/(B) Those areas designated in subsections (A)(1) through (A)(10) are closed to trawling year from May 1 through September 15, inclusive./
Amend the bill further, as and if amended, SECTION 4, Section 50-7-715(C), page 3617-46, line 8, by striking /from 8:00 a.m. until 9:00 p.m. local time/. When amended, Section 50-7-715(C) shall read:
/(C) That area described in subsection (A)(11) is closed to trawling year round./
Amend the bill further, as and if amended, SECTION 6, Section 50-5-1100, page 3617-62, by striking lines 36 through 40. When amended, the last unnumbered paragraph following subparagraph (F) shall read:
/It is unlawful to set poles within fifty yards of a dock or public landing or boat ramp./
Amend the bill further, as and if amended, by adding an appropriately numbered section to read:
/SECTION ( ). Article 1, Chapter 13, Title 50 of the 1976 Code is amended by adding:
"Section 50-13-237. It is unlawful to take or possess largemouth bass less than twelve inches in Lakes Marion and Moultrie, the Santee Cooper River and its tributaries to the legal demarcation line, and in the Santee Cooper River from the confluence of the Congaree and the Wateree Rivers to Lake Marion, the Diversion Canal, and Lake Moultrie. It is unlawful to take or possess more than five largemouth bass in any one day from those waters. A person exceeding these limits is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 50-13-285." /
Amend the bill further, as and if amended, by adding an appropriately numbered section to read:
/SECTION ( ). Section 50-13-210(2) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(2) not more than ten of the total may be black bass (large mouth, small mouth, coosae) or a combination of them, except in Lakes Marion and Moultrie, the Santee Cooper River and its tributaries to the legal demarcation line, and in certain portions of the Santee Cooper River as set forth in Section 50-13-237, or unless regulations promulgated by the department and adopted by the General Assembly by authority of Section 50-13-236 reflect otherwise;" /
Amend the bill, as and if amended, SECTION 25, page 3617-101, by adding after /2000./ on line 11 /With regard to offenses and penalties, this act applies only to offenses occurring on or after the effective date. Cases and appeals arising or pending under the law as it existed prior to the effective date of this act are saved./
Renumber sections to conform.
Amend title to conform.
Senator McGILL explained the amendment.
The amendment was adopted.
Senator ELLIOTT proposed the following Amendment No. 1B (3617R002.DE), which was adopted:
Amend the bill, as and if amended, in Section 50-5-500(A) of the 1976 Code, as contained in SECTION 3, page 28, line 27, by striking item (10) and inserting:
/ (10) gill nets not more than one hundred yards in length with a mesh size no smaller than three inches stretched mesh and up to five and one-half inches stretched mesh in those areas of the inlets, sounds, and bays having direct connection to the ocean, and designated by the department. /
Renumber sections to conform.
Amend title to conform.
Senator ELLIOTT explained the amendment.
The amendment was adopted.
Senator McCONNELL proposed the following Amendment No. 2 (GJK\20775DJC99), which was adopted:
Amend the bill, as and if amended, in Section 50-5-30(D) of the 1976 Code, as contained in SECTION 1, page 10, lines 5 through 9, by striking subsection (D), and inserting:
/(D) Violation of a regulation is a civil offense. The department may impose a civil penalty of up to two hundred dollars or suspend the license of a person adjudicated in violation, or both. /
Amend the bill further, as and if amended, in Section 50-5-30 of the 1976 Code, as contained in SECTION 1, page 10, by adding new subsections to read:
/ (E) For violation of a permit condition, in addition to any statutory criminal penalty, the department may impose a civil penalty of up to five hundred dollars and suspend or revoke the permit, or both.
(F) The department may suspend or revoke a permit for violation of any conservation law. /
Amend the bill further, as and if amended, in Section 50-5-95 of the 1976 Code, as contained in SECTION 1, page 15, by deleting / or a regulation promulgated hereunder /
Amend the bill further, as and if amended, in Section 50-5-340(C), page 22, beginning on line 21, by striking / or a condition of a permit /
Amend the bill further, as and if amended, in Section 50-5-340(D), page 22, beginning on line 26, by striking / or a condition of a permit /;
Amend the bill further, as and if amended, in Section 50-5-575(A) as contained in SECTION 3, page 35, line 17, by striking / or a condition of a permit granted hereunder /;
Amend the bill further, as and if amended, in Section 50-5-755(D), as contained in SECTION 4, page 48, by striking beginning on line 32
Amend the bill further, as and if amended, in Section 50-5-970, page 56, as contained in SECTION 5, beginning on line 23, by striking /or failing to meet a permit condition related to harvest season, area, or time, /;
Amend the bill further, as and if amended, in Section 50-5-1005(C), page 59, beginning on line 41, by striking /or who fails to meet the conditions of a permit granted under this section /;
Amend the bill further, as and if amended, in Section 50-5-1005, page 60, beginning on line 25, by striking / or a condition of a permit granted hereunder /;
Amend the bill further, as and if amended, in Section 50-5-1300(C), as contained in SECTION 7, page 65, beginning on line 30, by striking / or a condition of a permit granted under this section /;
Amend the bill further, as and if amended, in Section 50-5-1555(D) as contained in SECTION 8, page 82, beginning on line 7, by striking /or who fails to meet the conditions of a permit /;
Amend the bill further, as and if amended, in Section 50-5-1560(A), page 82, beginning on line 14, by striking / or a regulation promulgated pursuant to this article or a condition of a permit granted pursuant to this article /;
Amend the bill further, as and if amended, in Section 50-5-2100(C), as contained in SECTION 11, page 89, beginning on line 11, by striking /or a condition of a permit granted hereunder /;
Amend the bill further, as and if amended, in Section 50-5-2105(C), page 89, beginning on line 31, by striking / or a condition of a permit issued hereunder /;
Amend the bill further, as and if amended, in Section 50-5-2300(B), as contained in SECTION 12, page 90, beginning on line 11, by striking / or a condition of a permit issued hereunder /;
Amend the bill further, as and if amended, in Section 50-5-2740, as contained in SECTION 14, page 98, beginning on line 1, by striking
/ or a condition of a permit granted hereunder /.
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
Senator RAVENEL proposed the following Amendment No. 3 (GJK\20758DJC99), which was adopted:
Amend the bill, as and if amended, in SECTION 2, page 28, line 4, by adding:
/ Section 50-5-390. The department may deny issuance of any license or permit for commercial fishing equipment or activities to residents of any coastal state which denies the same privilege to South Carolina residents. The department may limit the type of fishing equipment used, seasons, and areas where nonresidents may fish in accordance with comparable limitations placed upon South Carolina fishermen by the nonresident's state./
Renumber sections to conform.
Amend title to conform.
Senator RAVENEL explained the amendment.
The amendment was adopted.
Senator McGILL explained the Bill.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 3357 (Word version) -- Reps. Fleming, Wilder, Klauber and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-25-115 SO AS TO AUTHORIZE A JOINT MUNICIPAL WATER SYSTEM ORGANIZED FOR THE PURPOSE OF CREATING A FINANCING POOL TO ISSUE CONSTRUCTION NOTES; BY ADDING SECTION 6-25-129 SO AS TO EXEMPT FROM STATE TAXES THE INCOME OF A JOINT MUNICIPAL WATER SYSTEM; BY ADDING SECTION 6-25-131 SO AS TO PROVIDE THAT NO INCOME, PROFITS, OR ASSETS OF A JOINT SYSTEM MAY INURE TO THE BENEFIT OF ANY INDIVIDUAL OR PRIVATE ENTITY; TO AMEND SECTION 6-25-20, AS AMENDED, RELATING TO DEFINITIONS FOR
Senator PEELER asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator RANKIN proposed the following amendment (JUD3357.001), which was adopted:
Amend the bill, as and if amended, page 22, line 15, by adding an appropriately numbered SECTION to read:
/ SECTION . Chapter 37, Title 5 of the 1976 Code is amended to read:
Section 5-37-10. This chapter may be referred to as 'the 'Municipal Improvement Act of 1973 1999,'', and any municipal corporation of this State is hereby authorized to exercise the powers and provisions hereof.
Section 5-37-20. As used in this chapter, the following terms shall have the following meanings:
(1) `Assessment' means a charge against the real property of an owner within an improvement district created pursuant to this chapter which is based either on assessed value, front footage, area, per parcel basis, the value of improvements to be constructed within the district, or any combination of them, as the basis is determined by the governing body of the municipality. In the event the governing body of a municipality determines that another basis for assessment is appropriate or a more equitable allocation of costs among property owners is appropriate, it may substitute such method for any of the foregoing. An assessment imposed upon real property under this chapter remains valid and enforceable in accordance with the provisions of this chapter even if there is a later subdivision and transfer of the property or a part of it. An improvement plan may provide for a change in the basis of assessment upon the subdivision and transfer of real property or upon such other event as the governing body of a municipality considers appropriate.
(2) `Improvements' include open or covered malls, parkways, parks and playgrounds, recreation facilities, athletic facilities, pedestrian facilities, parking facilities, parking garages, and underground parking facilities, and facade redevelopment, the widening and dredging of existing channels, canals, and waterways used specifically for recreational or other purposes, the relocation, construction, widening, and paving of streets, roads, and bridges, including demolition of them, underground utilities, all activities authorized by Chapter 1 of Title 31 (State Housing Law), any building or other facilities for public use, any
(3) `Improvement district' means any area within the municipality designated by the governing body pursuant to the provisions of this chapter and within which an improvement plan is to be accomplished. No special improvement district may include the grounds of the State House in the City of Columbia.
(4) `Improvement plan' means an overall plan by which the governing body proposes to effect improvements within an improvement district to preserve property values, prevent deterioration of urban areas, and preserve the tax base of the municipality, and includes an overall plan by which the governing body proposes to effect improvements within an improvement district in order to encourage and promote private or public development within the improvement district.
(5) `Governing body' shall mean means the municipal council or other governing body in which the general governing powers of the municipality are vested.
(6) `Owner' is defined as any person twenty-one years of age, or older, or the proper legal representative for any person younger than twenty-one years of age, and any firm or corporation, who or which owns legal title to a present possessory interest in real estate equal to a life estate or greater (expressly excluding leaseholds, easements, equitable interests, inchoate rights, dower rights, and future interest) and who owns, at the date of the petition or written consent, at least an
It is provided, however, that, if any firm or person has a leasehold interest requiring it or him to pay all municipal taxes, such agreement shall not be applicable to charges of the assessment of the district as only the owner has the right to petition on the assessment charge for the improvement district.
Section 5-37-25. A municipality must obtain the consent of the county governing body and any other municipality where the improvement is located to use revenue collected pursuant to this chapter for improvements located outside the municipal boundaries in which the improvement district is located.
Section 5-37-30. The governing body is authorized, within the corporate limits of the city, to acquire, own, construct, establish, install, enlarge, improve, expand, operate, maintain and repair, and sell, lease, and otherwise dispose of any improvement and to finance such acquisition, construction, establishment, installation, enlargement, improvement, expansion, operation, maintenance, and repair, in whole or in part, by the imposition of assessments in accordance with this chapter, by special district bonds, by general obligation bonds of the municipality, or revenue bonds of the municipality from general revenues from any source not restricted from such use by law, or by any combination of such funding sources. In addition to any other authorization provided herein or by other law, the governing body of a municipality may issue its special district bonds or revenue bonds of the municipality under such terms and conditions as the governing body may determine by ordinance subject to the following: such bonds may be sold at public or private sale for such price as is determined by the governing body; such bonds may be secured by a pledge of and be payable from the assessments authorized herein or any other source of funds not constituting a general tax as may be available and authorized by the governing body; such bonds may be issued pursuant to and secured under the terms of a trust agreement or indenture with a corporate trustee and the ordinance authorizing such bonds or trust agreement or indenture pertaining thereto may contain provisions for the establishment of a reserve fund, and such other funds or accounts as are determined by the governing body to be appropriate to be held by the governing body or the trustee. The proceeds of any bonds may be applied to the payment of the costs of any improvements, including
Section 5-37-40. (A) If the governing body finds that:
(1) improvements would be beneficial within a designated improvement district;
(2) the improvements would preserve or increase property values within the district;
(3) in the absence of the improvements, property values within the area would be likely to depreciate, or that the proposed improvements would be likely to encourage development in the improvement district;
(4) the general welfare and tax base of the city would be maintained or likely improved by creation of an improvement district in the city; and
(5) it would be fair and equitable to finance all or part of the cost of the improvements by an assessment upon the real property within the district, the governing body may establish the area as an improvement district and implement and finance, in whole or in part, an improvement plan in the district in accordance with the provisions of this chapter. However, no residential property shall be included as part of an improvement district unless the owner of the residential property gives the governing body written permission to include his property within the district.
(B) If an improvement district is located in a redevelopment project area created under Title 31, Chapter 6, the improvement district being created under the provisions of this chapter must be considered to satisfy items (1) through (5) of subsection (A). The ordinance creating an improvement district may be adopted by a majority of council after a public hearing at which the plan is presented, including the proposed basis and amount of assessment, or upon written petition signed by a majority in number of the owners of real property within the district which is not exempt from ad valorem taxation as provided by law. However, no residential property shall be included as part of an improvement district unless the owner of the residential property gives the governing body written permission to include his property within the district.
Section 5-37-45. The governing body may include within an improvement district an area within the municipality in which the proposed improvements have been constructed or are under construction at the time of the establishment of the improvement district. Before the commencement of the construction of these improvements, a written agreement with the owner of the area to be improved is entered into by the municipality authorizing the construction of the improvements in anticipation of the inclusion of the area which is improved in the improvement district upon such terms and conditions as the governing body agrees, including the reimbursement, as a cost of constructing improvements under this chapter, of any monies expended for the construction before and subsequent to the establishment of the improvement district. Any agreement providing for the construction of the improvements before the establishment of the improvement district must be authorized by an ordinance of the governing body, notice of which must be given by publication in a newspaper of general circulation within the municipality, appearing at least seven days before the final adoption of the ordinance. Any agreements entered into in accordance with the foregoing conditions before the effective date of this section are ratified and confirmed and the area improved declared eligible for inclusion in the improvement district as proposed in the agreement.
Section 5-37-50. The governing body shall, by resolution duly adopted, describe the improvement district and the improvement plan to be effected therein, including any property within the improvement district to be acquired and improved, the projected time schedule for the accomplishment of the improvement plan, the estimated cost thereof and the amount of such cost to be derived from assessments, bonds, or other general funds, together with the proposed basis and rates of any assessments to be imposed within the improvement district. However, no residential property shall be included as part of an improvement district unless the owner of the residential property gives the governing body written permission to include his property within the district. Such resolution shall also establish the time and place of a public hearing to be held within the municipality not sooner than twenty days nor more than forty days following the adoption of such resolution at which any interested person may attend and be heard either in person or by attorney on any matter in connection therewith.
Section 5-37-60. A resolution providing for an improvement district, when adopted, shall be published once a week for two successive weeks in a newspaper of general circulation within the
Section 5-37-70. The governing body may provide by the resolution for the payment of the cost of the improvements and facilities to be constructed within the improvement district by assessments on the property therein as defined in Section 5-37-20, or by the issuance of special district bonds, or by general obligation bonds of the municipality, or from general municipal revenues from any source not restricted from such use by law, or from any combination of such financing sources as may be provided in the improvement plan.
Section 5-37-80. The financing of improvements by assessments, bonds, or other revenues, and the proportions thereof, shall be in the discretion of the governing body; and the rates of assessments upon property owners within the improvement district need not be uniform but may vary in proportion to improvements made immediately adjacent to or abutting upon the property of each owner therein, as well as other bases as provided in Section 5-37-20.
Section 5-37-90. The improvements as defined in Section 5-37-20 are to be or become the property of the municipality, State, or other public entity and may at any time be removed, altered, changed, or added to, as the governing body may in its discretion determine; provided, that during the continuance or maintenance of the improvements, the special assessments on property therein may be utilized for the preservation, operation, and maintenance of the improvements and facilities provided in the improvement plan, and for the management and operation of the improvement district as provided in the improvement plan, and for payment of indebtedness incurred therefor.
Section 5-37-100. Not sooner than ten days nor more than one hundred twenty days following the conclusion of the public hearing provided in Section 5-37-50, the governing body may, by ordinance, provide for the creation of the improvement district as originally proposed or with such changes and modifications therein as the governing body may determine, and provide for the financing thereof by assessment, bonds, or other revenues as herein provided. However, no residential property shall be included as part of an improvement district unless the owner of the residential property gives the governing body written permission to include his property within the district. Such ordinance shall not become effective until at least seven days after
Section 5-37-110. In the event all or any part of improvements and facilities within the district are to be financed by assessments on property therein, the governing body shall prepare an assessment roll in which there shall be entered the names of the persons whose properties are to be assessed and the amount assessed against their respective properties with a brief description of the lots or parcels of land assessed. Immediately after such assessment roll has been completed the governing body shall cause one copy thereof to be deposited in the offices of the municipality for inspection by interested parties, and shall cause to be published at least once in a newspaper of general circulation within the municipality a notice of completion of the assessment roll setting forth a description in general terms of the improvements and providing at least ten days' notice of the time fixed for hearing of objections in respect to such assessments. The time for hearing such objections shall be at least thirty days, and hearings may be conducted by one or more members of the governing body of the municipality, but the final decision on each such objection shall be made by vote of the whole governing body at a public session thereof.
Section 5-37-120. As soon as practicable after the completion of the assessment roll and prior to the publication of the notice provided in Section 5-37-110, the governing body shall mail by registered or certified mail, return receipt requested, to the owner or owners of each lot or parcel of land against which an assessment is to be levied, at the address appearing on the records of the city or county treasurer, a notice stating the nature of the improvement, the total proposed cost thereof, the amount to be assessed against the particular property and the basis upon which the assessment is made, together with the terms and conditions upon which the assessment may be paid. The notice shall contain a brief description of the particular property involved, together with a statement that the amount assessed shall constitute a lien against the property superior to all other liens except property taxes. The notice shall also state the time and place fixed for the hearing of objections in respect to the assessment. Any property owner who fails to file with the municipal council a written objection to the assessment against his property within the time provided for hearing such objections shall be deemed to have consented to such assessment,
Section 5-37-130. The governing body shall hear the objections as provided herein of all persons who have filed written notice of objection within the time prescribed and who may appear and make proof in relation thereto either in person or by their attorney. The governing body, at the sessions held to make final decisions on objections, may thereupon make such corrections in the assessment roll as it may deem proper and confirm the same, or set it aside and provide for a new assessment. Whenever the governing body shall confirm an assessment, either as originally prepared or as thereafter corrected, a copy thereof certified by the clerk of the municipality shall be filed in the office of the clerk of court of the county in which the municipality is situate, and from the time of such filing the assessment impressed in the assessment roll shall constitute and be a lien on the real property against which it is assessed superior to all other liens and encumbrances, except the lien for property taxes, and shall be annually assessed and collected with the property taxes thereon.
Section 5-37-140. Upon the confirmation of an assessment, if any, the governing body shall mail a written notice to all persons who have filed written objections as hereinabove provided of the amount of the assessment finally confirmed. Such property owner may appeal such assessment only if he shall, within twenty days after the mailing of the notice to him confirming the assessment, give written notice to the governing body of his intent to appeal his assessment to the court of common pleas of the county in which the property is situate; but no such appeal shall delay or stay the construction of improvements or affect the validity of the assessments confirmed and not appealed. Appeals shall be heard and determined on the record, in the manner of appeals from administrative bodies in this State.
Section 5-37-150. Nothing contained herein shall be construed to limit or restrict the powers of any incorporated municipality, but the authorizations herein contained shall be in addition to any such powers.
Section 5-37-160. Any written petition or consent signed by a property owner prior to July 18, 1974, requesting or consenting to an assessment in an improvement district shall be effective and binding upon said property and property owner and all acts of any municipality taken under any other law shall be effective and binding upon all property owners in an improvement district.
Section 5-37-170. No street in the State highway system shall be included in a mall development without prior written approval of the South Carolina Highway Commission.
Section 5-37-180. No street which is located in front of the county courthouse and adjacent thereto shall be included in the mall development without prior written approval of the governing body having jurisdiction over such public property. Likewise, no street which shall in effect block the entrance to the courthouse square shall be included in the mall complex without prior written approval of same governing body." /.
Renumber sections to conform.
Amend title to conform.
Senator RANKIN explained the amendment
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 3477 (Word version) -- Reps. Neilson, Seithel, Sharpe, J. Brown, J. Smith, R. Smith, Rhoad, Lucas, Davenport, Lee, Mason, Altman, Keegan, Harrison, McCraw, Clyburn, J. Hines, Bales, Lourie, Lanford, Bauer and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-190 SO AS TO CREATE A MODEL LEGISLATURE ON AGING ISSUES TO BE ADMINISTERED BY THE SOUTH CAROLINA SILVER HAIRED LEGISLATURE, INC.; TO PROVIDE FOR THE PURPOSES OF THE LEGISLATURE; AND TO PROVIDE THAT MEMBERS MUST BE SELECTED BY THE SOUTH CAROLINA SILVER HAIRED LEGISLATURE IN COORDINATION WITH THE STATE'S NETWORK OF AGING PROGRAMS.
Senator BRANTON asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator MOORE proposed the following amendment (H3477.SMA.002.TLM), which was adopted:
Amend the bill, as and if amended, page 2, by deleting lines 1 through 3 in their entirety and inserting in lieu thereof the following:
/ "The nonpartisan model legislature shall conduct its general assembly annually." /
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.
H. 3641 (Word version) -- Reps. Harrison, Seithel, Altman, Wilkins and Edge: A BILL 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.
Senator CORK asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator CORK proposed the following Amendment No. 1 (JUD3641.003), which was adopted:
Amend the bill, as and if amended, page 3, line 37, in Section 6-1-920(17)(h), as contained in SECTION 1, by striking item (h) in its entirety and inserting therein the following:
/ (h) parks, libraries, open spaces, and recreation areas. /.
Amend the bill further, as and if amended, page 6, line 27, in Section 6-1-940(4)(c), as contained in SECTION 1, by striking line 27 in its entirety and inserting therein the following:
/ issuance of the building permit or issuance of a development permit if no building permit is required. /.
Amend the bill further, as and if amended, page 10, beginning on line 31, in Section 6-1-1020(A)(1), as contained in SECTION 1, by striking lines 31 and 32 in their entirety and inserting therein the following:
/ (1) the impact fees have not been expended within six years of the date they were collected on a first-in, /.
Renumber sections to conform.
Amend title to conform.
Senator CORK explained the amendment.
The amendment was adopted.
Senator CORK proposed the following Amendment No. 2 (JUD3641.004), which was adopted:
Amend the bill, as and if amended, page 3, beginning on line 4, in Section 6-1-920, as contained in SECTION 1, by striking item (11) in its entirety.
Amend the bill further, as and if amended, page 5, beginning on line 35, in Section 6-1-930, as contained in SECTION 1, by striking subsection (D) in its entirety.
Renumber items and subsections to conform.
Renumber sections to conform.
Amend title to conform.
Senator CORK explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 3963 (Word version) -- Rep. Quinn: A BILL TO AMEND SECTION 12-43-217, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF COUNTYWIDE REASSESSMENT AND EQUALIZATION PROGRAM, SO AS TO PROVIDE FOR A DELAY IN THE IMPLEMENTATION OF THE REVISED VALUES RESULTING FROM SUCH A PROGRAM IN JURISDICTIONS WHICH CROSS COUNTY LINES EXCEPT WHERE ALL COUNTIES IN WHICH THE JURISDICTIONS LOCATED SIMULTANEOUSLY IMPLEMENT SUCH A PROGRAM.
Senator COURSON asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Having voted on the prevailing side, Senator COURSON moved to reconsider the vote whereby the Bill was given a third reading.
There was no objection.
The question then was the third reading of the Bill.
Senator RANKIN asked unanimous consent to make a motion to take up an amendment for immediate consideration.
There was no objection.
Senator RANKIN proposed the following amendment (3963R004.LAR), which was adopted:
Amend the bill, as and if amended, by adding the following new SECTIONS to read:
/ SECTION ___. A. Section 6-1-530(A) of the 1976 Code, as added by Act 138 of 1997, is amended to read:
"(A) The revenue generated by the local accommodations tax must be used exclusively for the following purposes:
(1) tourism-related buildings, including, but not limited to, civic centers, coliseums, and aquariums;
(2) tourism-related cultural, recreational, or historic facilities;
(3) beach access and renourishment;
(4) highways, roads, streets, and bridges providing access to tourist destinations;
(5) advertisements and promotions related to tourism development; or
(6) water and sewer infrastructure to serve tourism-related demand."
B. Section 6-1-730(A) of the 1976 Code, as added by Act 138 of 1997, is amended to read:
"(A) The revenue generated by the hospitality tax must be used exclusively for the following purposes:
(1) tourism-related buildings, including, but not limited to, civic centers, coliseums, and aquariums;
(2) tourism-related cultural, recreational, or historic facilities;
(3) beach access and renourishment;
(4) highways, roads, streets, and bridges providing access to tourist destinations;
(5) advertisements and promotions related to tourism development; or
(6) water and sewer infrastructure to serve tourism-related demand."
C. Nothing in this section shall be interpreted to invalidate or suspend a validly enacted ordinance adopted prior to June 1, 1999, pursuant to the provisions of Sections 6-1-530 and 6-1-730, as these provisions were codified on that date.
SECTION ___. Chapter 37, Title 5 of the 1976 Code is amended to read:
Section 5-37-10. This chapter may be referred to as 'the 'Municipal Improvement Act of 1973 1999,'', and any municipal corporation of this State is hereby authorized to exercise the powers and provisions hereof.
Section 5-37-20. As used in this chapter, the following terms shall have the following meanings:
(1) `Assessment' means a charge against the real property of an owner within an improvement district created pursuant to this chapter which is based either on assessed value, front footage, area, per parcel basis, the value of improvements to be constructed within the district, or any combination of them, as the basis is determined by the governing body of the municipality. In the event the governing body of a municipality determines that another basis for assessment is
(2) `Improvements' include open or covered malls, parkways, parks and playgrounds, recreation facilities, athletic facilities, pedestrian facilities, parking facilities, parking garages, and underground parking facilities, and facade redevelopment, the widening and dredging of existing channels, canals, and waterways used specifically for recreational or other purposes, the relocation, construction, widening, and paving of streets, roads, and bridges, including demolition of them, underground utilities, all activities authorized by Chapter 1 of Title 31 (State Housing Law), any building or other facilities for public use, any public works eligible for financing under the provisions of Section 6-21-50, and all things incidental to the improvements, including planning, engineering, administration, managing, promotion, marketing, and acquisition of necessary easements and land, and may include facilities for lease or use by a private person, firm, or corporation. However, improvements as defined in this chapter must comply with all applicable state and federal laws and regulations governing these activities. Any such improvements may be designated by the governing body as public works eligible for revenue bond financing pursuant to Section 6-21-50, and such improvements, taken in the aggregate, may be designated by the governing body as a `system' of related projects within the meaning of Section 6-21-40. The governing body of a municipality, after due investigation and study, may determine that improvements located outside the boundaries of an improvement district confer a benefit upon property inside an improvement district or are necessary to make improvements within the improvement district effective for the benefit of property inside the improvement district.
(3) `Improvement district' means any area within the municipality designated by the governing body pursuant to the provisions of this chapter and within which an improvement plan is to be accomplished. No special improvement district may include the grounds of the State House in the City of Columbia.
(4) `Improvement plan' means an overall plan by which the governing body proposes to effect improvements within an improvement district to preserve property values, prevent deterioration of urban areas, and preserve the tax base of the municipality, and includes an overall plan by which the governing body proposes to effect improvements within an improvement district in order to encourage and promote private or public development within the improvement district.
(5) `Governing body' shall mean means the municipal council or other governing body in which the general governing powers of the municipality are vested.
(6) `Owner' is defined as any person twenty-one years of age, or older, or the proper legal representative for any person younger than twenty-one years of age, and any firm or corporation, who or which owns legal title to a present possessory interest in real estate equal to a life estate or greater (expressly excluding leaseholds, easements, equitable interests, inchoate rights, dower rights, and future interest) and who owns, at the date of the petition or written consent, at least an undivided one-tenth interest in a single tract and whose name appears on the county tax records as an owner of real estate, and any duly organized group whose total interest is at least equal to a one-tenth interest in a single tract.
It is provided, however, that, if any firm or person has a leasehold interest requiring it or him to pay all municipal taxes, such agreement shall not be applicable to charges of the assessment of the district as only the owner has the right to petition on the assessment charge for the improvement district.
Section 5-37-25. A municipality must obtain the consent of the county governing body and any other municipality where the improvement is located to use revenue collected pursuant to this chapter for improvements located outside the municipal boundaries in which the improvement district is located.
Section 5-37-30. The governing body is authorized, within the corporate limits of the city, to acquire, own, construct, establish, install, enlarge, improve, expand, operate, maintain and repair, and sell, lease, and otherwise dispose of any improvement and to finance such acquisition, construction, establishment, installation, enlargement, improvement, expansion, operation, maintenance, and repair, in whole or in part, by the imposition of assessments in accordance with this chapter, by special district bonds, by general obligation bonds of the municipality, or revenue bonds of the municipality from general
Section 5-37-40. (A) If the governing body finds that:
(1) improvements would be beneficial within a designated improvement district;
(2) the improvements would preserve or increase property values within the district;
(3) in the absence of the improvements, property values within the area would be likely to depreciate, or that the proposed improvements would be likely to encourage development in the improvement district;
(4) the general welfare and tax base of the city would be maintained or likely improved by creation of an improvement district in the city; and
(5) it would be fair and equitable to finance all or part of the cost of the improvements by an assessment upon the real property within the district, the governing body may establish the area as an improvement district and implement and finance, in whole or in part, an improvement plan in the district in accordance with the provisions of this chapter.
(B) If an improvement district is located in a redevelopment project area created under Title 31, Chapter 6, the improvement district being created under the provisions of this chapter must be considered to satisfy items (1) through (5) of subsection (A). The ordinance creating an improvement district may be adopted by a majority of council after a public hearing at which the plan is presented, including the proposed basis and amount of assessment, or upon written petition signed by a majority in number of the owners of real property within the district which is not exempt from ad valorem taxation as provided by law. However, no residential property shall be included as part of an improvement district unless the owner of the residential property gives the governing body written permission to include his property within the district.
Section 5-37-45. The governing body may include within an improvement district an area within the municipality in which the proposed improvements have been constructed or are under construction at the time of the establishment of the improvement district. Before the commencement of the construction of these improvements, a written agreement with the owner of the area to be improved is entered into by the municipality authorizing the construction of the improvements in anticipation of the inclusion of the area which is improved in the improvement district upon such terms and conditions as the governing body agrees, including the reimbursement, as a cost of constructing improvements under this chapter, of any monies expended for the construction before and subsequent to the establishment of the improvement district. Any agreement providing for the construction of the improvements before the establishment of the improvement district must be authorized by an ordinance of the governing body, notice of which must be given by publication in a newspaper of general circulation within the municipality, appearing at least seven days before the final adoption of the ordinance. Any agreements entered into in accordance with the foregoing conditions before the effective date of this section are ratified and confirmed and the area improved declared eligible for inclusion in the improvement district as proposed in the agreement.
Section 5-37-50. The governing body shall, by resolution duly adopted, describe the improvement district and the improvement plan
Section 5-37-60. A resolution providing for an improvement district, when adopted, shall be published once a week for two successive weeks in a newspaper of general circulation within the incorporated municipality and the final publication shall be at least ten days prior to the date of the scheduled public hearing. At the public hearing and at any adjournment thereof, all interested persons may be heard either in person or by attorney.
Section 5-37-70. The governing body may provide by the resolution for the payment of the cost of the improvements and facilities to be constructed within the improvement district by assessments on the property therein as defined in Section 5-37-20, or by the issuance of special district bonds, or by general obligation bonds of the municipality, or from general municipal revenues from any source not restricted from such use by law, or from any combination of such financing sources as may be provided in the improvement plan.
Section 5-37-80. The financing of improvements by assessments, bonds, or other revenues, and the proportions thereof, shall be in the discretion of the governing body; and the rates of assessments upon property owners within the improvement district need not be uniform but may vary in proportion to improvements made immediately adjacent to or abutting upon the property of each owner therein, as well as other bases as provided in Section 5-37-20.
Section 5-37-90. The improvements as defined in Section 5-37-20 are to be or become the property of the municipality, State, or other public entity and may at any time be removed, altered, changed, or added to, as the governing body may in its discretion determine; provided, that during the continuance or maintenance of the
Section 5-37-100. Not sooner than ten days nor more than one hundred twenty days following the conclusion of the public hearing provided in Section 5-37-50, the governing body may, by ordinance, provide for the creation of the improvement district as originally proposed or with such changes and modifications therein as the governing body may determine, and provide for the financing thereof by assessment, bonds, or other revenues as herein provided. However, no residential property shall be included as part of an improvement district unless the owner of the residential property gives the governing body written permission to include his property within the district. Such ordinance shall not become effective until at least seven days after it has been published in a newspaper of general circulation in the municipality. Such ordinance may incorporate by reference plats and engineering reports and other data on file in the offices of the municipality; provided, that the place of filing and reasonable hours for inspection are made available to all interested persons.
Section 5-37-110. In the event all or any part of improvements and facilities within the district are to be financed by assessments on property therein, the governing body shall prepare an assessment roll in which there shall be entered the names of the persons whose properties are to be assessed and the amount assessed against their respective properties with a brief description of the lots or parcels of land assessed. Immediately after such assessment roll has been completed the governing body shall cause one copy thereof to be deposited in the offices of the municipality for inspection by interested parties, and shall cause to be published at least once in a newspaper of general circulation within the municipality a notice of completion of the assessment roll setting forth a description in general terms of the improvements and providing at least ten days' notice of the time fixed for hearing of objections in respect to such assessments. The time for hearing such objections shall be at least thirty days, and hearings may be conducted by one or more members of the governing body of the municipality, but the final decision on each such objection shall be made by vote of the whole governing body at a public session thereof.
Section 5-37-120. As soon as practicable after the completion of the assessment roll and prior to the publication of the notice provided in Section 5-37-110, the governing body shall mail by registered or certified mail, return receipt requested, to the owner or owners of each lot or parcel of land against which an assessment is to be levied, at the address appearing on the records of the city or county treasurer, a notice stating the nature of the improvement, the total proposed cost thereof, the amount to be assessed against the particular property and the basis upon which the assessment is made, together with the terms and conditions upon which the assessment may be paid. The notice shall contain a brief description of the particular property involved, together with a statement that the amount assessed shall constitute a lien against the property superior to all other liens except property taxes. The notice shall also state the time and place fixed for the hearing of objections in respect to the assessment. Any property owner who fails to file with the municipal council a written objection to the assessment against his property within the time provided for hearing such objections shall be deemed to have consented to such assessment, and the published and written notices prescribed in this chapter shall so state. If all of the owners of property upon which an assessment is to be levied consent in writing to the imposition of such assessment, the provisions of this section shall be deemed satisfied.
Section 5-37-130. The governing body shall hear the objections as provided herein of all persons who have filed written notice of objection within the time prescribed and who may appear and make proof in relation thereto either in person or by their attorney. The governing body, at the sessions held to make final decisions on objections, may thereupon make such corrections in the assessment roll as it may deem proper and confirm the same, or set it aside and provide for a new assessment. Whenever the governing body shall confirm an assessment, either as originally prepared or as thereafter corrected, a copy thereof certified by the clerk of the municipality shall be filed in the office of the clerk of court of the county in which the municipality is situate, and from the time of such filing the assessment impressed in the assessment roll shall constitute and be a lien on the real property against which it is assessed superior to all other liens and encumbrances, except the lien for property taxes, and shall be annually assessed and collected with the property taxes thereon.
Section 5-37-140. Upon the confirmation of an assessment, if any, the governing body shall mail a written notice to all persons who have filed written objections as hereinabove provided of the amount of the
Section 5-37-150. Nothing contained herein shall be construed to limit or restrict the powers of any incorporated municipality, but the authorizations herein contained shall be in addition to any such powers.
Section 5-37-160. Any written petition or consent signed by a property owner prior to July 18, 1974, requesting or consenting to an assessment in an improvement district shall be effective and binding upon said property and property owner and all acts of any municipality taken under any other law shall be effective and binding upon all property owners in an improvement district.
Section 5-37-170. No street in the State state highway system shall be included in a mall development without prior written approval of the South Carolina Highway Commission.
Section 5-37-180. No street which is located in front of the county courthouse and adjacent thereto shall be included in the mall development without prior written approval of the governing body having jurisdiction over such public property. Likewise, no street which shall in effect block the entrance to the courthouse square shall be included in the mall complex without prior written approval of same governing body." /
Renumber sections to conform.
Amend title to conform.
Senator RANKIN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 3358 (Word version) -- Reps. Fleming, Lucas, Taylor, Wilder, Klauber, Harris and Hayes: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTNERSHIPS, CORPORATIONS, AND ASSOCIATIONS, BY ADDING CHAPTER 36 SO AS TO INCLUDE NONPROFIT CORPORATIONS FINANCED BY BOTH FEDERAL AND STATE LOANS, NOT ONLY BY FEDERAL LOANS, AND TO PROVIDE FOR INCORPORATION, MEMBERSHIP, SALE, CONSOLIDATION, MERGER, AND DISSOLUTION OF CORPORATIONS NOT-FOR-PROFIT; TO AMEND SECTIONS 33-20-103, AS AMENDED, AND 33-31-1708, RELATING TO EXEMPTION OF CERTAIN NONPROFIT CORPORATIONS FROM THE PROVISIONS OF CHAPTERS 1 THROUGH 20 AND CHAPTER 31 OF TITLE 33, SO AS TO EXEMPT NONPROFIT CORPORATIONS ORGANIZED PURSUANT TO CHAPTER 36; TO REPEAL CHAPTER 35 OF TITLE 33 RELATING TO NONPROFIT CORPORATIONS FINANCED BY FEDERAL LOANS; AND TO AMEND SECTION 6-13-120, RELATING TO DISSOLUTION OF A WATER DISTRICT, SECTION 6-19-10, RELATING TO STATE AUTHORITY TO MAKE GRANTS TO WATER AND SEWER AUTHORITIES OR DISTRICTS, SECTION 12-6-550, RELATING TO CORPORATIONS EXEMPT FROM STATE INCOME TAXES, SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES AND USE TAXES, AND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM PROPERTY TAX, ALL SO AS TO CHANGE CROSS-REFERENCES TO REFLECT REPEAL OF CHAPTER 35 AND ADDITION OF CHAPTER 36.
Senator LAND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator MATTHEWS proposed the following Amendment No. 3 (GGS\22385MM99), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ____. A. The General Assembly finds that:
(1) Many of South Carolina's urban and rural communities face critical social and economic problems arising in part from people living in poverty because of the lack of economic growth, employment, and other opportunities.
(2) The restoration and maintenance of these communities requires increased access to credit and capital for development activities, including investment in businesses, housing, human development, and other activities that promote the long-term economic and social viability of the community.
(3) Access to credit and capital is essential to unleash the untapped entrepreneurial energy of South Carolina's poorest communities and to empower individuals and communities to become self-sufficient.
(4) Community development financial institutions have the proven ability to identify and respond to community needs for capital, credit, and development services in the absence of, or as a complement to, services provided by other lenders.
(5) Community development corporations have a proven ability to identify and respond to community needs and manage community assets for the purpose of community and economic development on a local level.
(6) For the above reasons, it has determined to enact the provisions of this act as being consistent with public policy objectives of our State, including economic growth, higher employment, and community development.
B. Title 34 of the 1976 Code is amended by adding:
South Carolina Community Economic Development Commission
Section 34-43-10. (A) There is created a South Carolina Community Economic Development Commission. The commission shall exist for the purpose of certifying entities as community development financial institutions, as defined in Section 34-43-40, and as community development corporations, as defined in Section 34-43-50. The commission also may make grants to community development financial institutions and community development corporations from grant funds made available to it by the General Assembly or from other available funds. The General Assembly may appropriate funds to the commission to be used to make grants to community development financial institutions and community development corporations as authorized in this chapter. The General Assembly also may provide funds in the annual general appropriation
(B) In addition to other powers provided for in this chapter, the commission may:
(1) promulgate regulations necessary to carry out its functions;
(2) contract for and accept, for use in carrying out the provisions of this chapter, any grant or contribution of funds from a political subdivision of the State or from another source, and comply, subject to the provisions of this chapter, with the terms and conditions of those contracts; and
(3) do anything necessary or convenient to carry out its powers and functions.
(C) The commission may receive funds from, among other sources, state appropriations and private contributions.
Section 34-43-20. (A) The governing body of the commission consists of the following seven members which must represent the diverse ethnic population of the State:
(1) a chairman, representing a federally-chartered or state-chartered financial institution doing business in this State, who must be appointed by the Governor, with the advice and consent of the Senate;
(2) the Secretary of Commerce, or his designee;
(3) three members from the community economic development field appointed by the Governor, with the advice and consent of the Senate; and
(4) two members representing federally-chartered or state-chartered financial institutions or other business entities doing business in this State, other than the institution represented by the chairman, who must be appointed by the Governor, with the advice and consent of the Senate.
(B) A commission member serves a term of four years and until his successor is appointed and qualifies.
(C) A member who is appointed to fill a vacancy on the commission serves only for the remainder of the unexpired term and until a successor is appointed and qualifies.
(D) The commission ceases to exist on July 1, 2004, unless further authorized by the General Assembly.
Section 34-43-30. (A) Four appointed members of the commission are a quorum. However, the commission may not act on a matter unless at least four members in attendance concur.
(B) The commission determines the times and places of its meetings.
(C) Members of the commission, while serving on business of the commission, shall receive, to the extent funding is available, per diem, mileage, and subsistence as provided by law for members of state boards, committees, and commissions.
(D) The commission, to the extent funding is available, may employ or contract for staff and consultants it considers necessary to assist in carrying out its duties and responsibilities pursuant to this chapter.
(E) In its internal functions, the commission shall keep proper records of its accounts and follow the procedures of this State governing the purchase of office space, supplies, facilities, materials, equipment, and professional services. The commission must be audited by the State Auditor as provided in Chapter 7 of Title 11.
(F) The commission shall make an annual report on its condition and operations to the General Assembly and the Governor, including the information required to be reported by Section 34-43-80.
Section 34-43-40. (A) The commission may certify an entity as a community development financial institution if it meets the definition provided in subsection (B).
(B) For purposes of this section:
(1) 'Community development financial institution' means an organization that:
(a) has a primary mission of promoting community development through the provision of credit, capital, or development services to small businesses including, but not limited to, the provision of capital access programs, microlending, franchise financing, and guaranty performance bonds;
(b) provides service delivery throughout the State;
(c) maintains, through representation on its governing board, accountability to persons in need of the institution's services;
(d) is not an agent or instrumentality of the United States, or of a state or political subdivision of a state or maintains an affiliate relationship with none of them;
(e) maintains a goal of providing a majority of its services to low-income individuals, minorities, females, or rural areas;
(f) provides capital and technical assistance to small and micro businesses;
(g) does not provide credit, capital, or other assistance in an amount greater than two hundred fifty thousand dollars at one time or
(h) has been certified or recertified previously as a community development financial institution as provided in this chapter.
(2) 'Low-income' means individuals whose income level falls within the eightieth percentile of the mean income for a family of four within this State.
(3) The term 'invest' includes any advance of funds to a community development financial institution whether by purchase of stock or other equity interest or by charitable contribution.
(C) Banks and financial institutions chartered by the State of South Carolina are authorized to invest in community development financial institutions incorporated under the laws of this State, up to a maximum of ten percent of a chartered bank or financial institution's total capital and surplus.
(D) A federally-chartered or state-chartered financial institution holding company may qualify as a community development financial institution only if the holding company and the subsidiaries and affiliates of the holding company collectively satisfy the requirements of subsection (B).
(E) A community development financial institution is not subject to taxes based upon or measured by income which are levied now or may be levied later by the State.
Section 34-43-50. (A) The commission may certify an entity as a community development corporation if it meets the definition provided in subsection (B).
(B) 'Community development corporation' means a nonprofit corporation that:
(1) is chartered pursuant to Chapter 31, Title 33;
(2) is tax-exempt pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986;
(3) has a primary mission of developing and improving low-income communities and neighborhoods through economic and related development;
(4) has activities and decisions initiated, managed, and controlled by the constituents of those local communities;
(5) has a primary function of developing projects and activities designed to enhance the economic opportunities of the people in the community served, including efforts to enable them to become owners and managers of small businesses and producers of affordable housing and jobs in the community served; and
(6) does not provide credit, capital, or other assistance in an amount greater than twenty-five thousand dollars at any time or in one transaction. The commission must adjust that dollar amount as provided in Section 37-1-109.
(7) is not a nonprofit organization which has the sole purpose of providing housing to neighborhoods or technical assistance to other nonprofit organizations.
(C) The commission shall establish and implement criteria for grants made to community development corporations pursuant to Section 34-43-10. The criteria must require that the applicant has demonstrated a capacity to engage in community development projects and has sufficient organizational structure to ensure proper management. However, if the applicant is created after the effective date of this section, the applicant shall present a strategic plan for community development projects and shall show evidence of developing an organizational structure which ensures proper management.
(D) The commission may provide, or contract with an appropriate entity to provide, technical support to assist community development corporations to be successful in developing their organizational capacity and implementing their projects.
(E) The commission shall make an annual report to the General Assembly regarding grants made pursuant to this section. The report required by this subsection may be included with the report required by Section 34-43-30.
Section 34-43-60. (A) Application for certification must be in writing, under oath and in the form prescribed by the commission, and must contain information as the commission may require, including the names and addresses of the partners, officers, directors or trustees, and those principal owners or members as will provide the basis for investigations and findings contemplated by subsection (B). At the time of making the application, the applicant shall pay to the commission a fee for investigating the application, as prescribed by the commission, which will yield sufficient revenue to defray the commission's costs of investigating the applicant.
(B) Upon the filing of the application and payment of the fees, the commission shall investigate the facts concerning the application and the requirements provided for in either Section 34-43-40 or in Section 34-43-50.
Section 34-43-70. (A) Certification of a community development financial institution or a community development corporation expires two years from the date of certification.
(B) Certification of a community development financial institution or a community development corporation may be renewed for additional two-year periods upon application by the institution or corporation and approval by the commission.
(C) The commission may not renew certification of an institution or corporation absent continuous compliance with the provisions of Section 34-43-40 or Section 34-43-50.
(D) The commission may revoke the certification of an institution or corporation upon a finding that the institution or corporation does not comply with the provisions of Section 34-43-40 or Section 34-43-50.
(E) The commission shall serve a notice of intent not to grant certification, intent not to renew certification, or intent to revoke certification upon the institution or corporation with a brief statement of the reasons alleged. The institution or corporation may request a hearing within thirty days of receiving notice by filing a request for a hearing with the commission. The hearing must be held in accordance with Article 3, Chapter 23, Title 1, the Administrative Procedures Act.
(F) A taxpayer may not claim the tax credit provided for in Section 12-6-3520 unless the institution or corporation in which the investment is made is certified by the commission at the time the investment is made. A taxpayer who invested in good faith in a certified institution or corporation may claim the credit provided in Section 12-6-3520 notwithstanding the fact that the certification is subsequently revoked or not renewed by the commission.
Section 34-43-80. A community development financial institution shall file with the commission, on or before the anniversary date of its certification, an annual report for the preceding calendar year. The report must give information about the financial condition of the institution, and must include balance sheets at the beginning and end of the accounting period, a statement of income and expenses for the period, a reconciliation of surplus with the balance sheets, a schedule of assets used by and useful to the institution to conduct its business, an analysis of charges, size and type of loans, and other activities described in Section 34-43-40(B)(1)(a), and other relevant information in form and detail as prescribed by the commission. The report must be made under oath and be in the form prescribed by the commission. The commission shall make and publish annually an analysis and
C. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3520. (A) A taxpayer may claim as a credit against his state income tax, bank tax, or premium tax liability fifty percent of all amounts invested in a community development financial institution, as defined in Section 34-43-40, or in a community development corporation, as defined in Section 34-43-50.
To qualify for this credit the taxpayer must obtain a certificate from the South Carolina Community Economic Development Commission certifying that the entity into which the funds are invested is a community development financial institution within the meaning of Section 34-43-40 or a community development corporation within the meaning of Section 34-43-50 and certifying that the credit taken or available to that taxpayer will not exceed the aggregate fourteen million dollar limitation of all those credits as provided in subsection (B) when added to the credits previously taken or available to other taxpayers making similar investments.
(B) The total amount of credits allowed pursuant to this section may not exceed, in the aggregate, fourteen million dollars for all taxpayers and all taxable years. The total amount of credits allowed for investments in community development financial institutions may not exceed, in the aggregate, ten million dollars for all taxpayers and all taxable years. The total amount of credits allowed for investments in community development corporations may not exceed, in the aggregate, four million dollars for all taxpayers and all taxable years. The credit must be allowed to taxpayers in the order of the time of the making of the qualified investments in community development financial institutions and community development corporations.
The commission shall monitor the investments made by taxpayers in community development financial institutions and community development corporations as permitted by this section and shall perform the functions as provided for in subsection (A).
(C) If the amount of the credit determined under subsection (A) exceeds the taxpayer's state tax liability for the applicable taxable year, the taxpayer may carry over the excess to the immediately succeeding taxable years. However, the credit carryover may not be used for any taxable year that begins on or after ten years from the date of the qualified investment. The amount of the credit carryover from a taxable year must be reduced to the extent that the carryover is used by
(D) Notwithstanding the provisions of subsections (A), (B), and (C), if on April 1, 1999, or as soon after that as the commission is able to determine, the total amount of tax credits which may be claimed by all taxpayers exceeds the total amount of tax credits authorized by this section, the credits must be determined on a pro rata basis. For purposes of this subsection, a community development financial institution or community development corporation for which an investment may be claimed as a tax credit pursuant to this section must report all investments made before April 1, 1999, to the commission by April 1, 1999, which shall inform, as soon as reasonably possible, all community development financial institutions and community development corporations of the total of all investments in all institutions and corporations as of April 1, 1999.
(E) If a qualified investment which is the basis for a credit pursuant to this section is redeemed by a taxpayer within five years of the date it is purchased, the credit provided by this section for the qualified investment is disallowed, and a credit previously claimed and allowed with respect to the redeemed qualified investment must be paid to the Department of Revenue with the appropriate return of the taxpayer covering the period in which the redemption occurred. When payments are made to the Department of Revenue pursuant to this section, the amount collected must be handled in the same manner as if no credit had been allowed.
(F) To receive the credit provided by this section, a taxpayer shall:
(1) claim the credit on the taxpayer's annual state income or premium tax return in the manner prescribed by the Department of Revenue; and
(2) file with the Department of Revenue and with the taxpayer's annual state income or premium tax return a copy of the form, described in subsection (G), issued by the commission as to the qualified investment by the taxpayer, including an undertaking by the taxpayer to report to the Department of Revenue a redemption of the qualified investment.
(G)(1) The commission shall complete forms prescribed by the Department of Revenue, showing as to each qualified investment in a community development financial institution or a community development corporation:
(a) the name, address, and identification number of the taxpayer who purchased a qualified investment; and
(b) the nature of the qualified investment purchased by the taxpayer and the amount paid for it.
(2) These forms must be filed with the Department of Revenue on or before the fifteenth day of the third month following the month in which the qualified investment is purchased. Copies of the forms to be provided to the Department of Revenue must be mailed to the taxpayer on or before the fifteenth day of the second month following the month in which the qualified investment is purchased.
(H) A taxpayer may not claim the tax credit provided in this section unless the community development financial institution or community development corporation in which the investment is made has been certified at the time the investment is made. A taxpayer who invested in good faith in a certified institution or corporation may claim the credit provided in this section, notwithstanding the fact that the certification is subsequently revoked or not renewed by the commission.
(I) An investor in a qualified community development corporation or a community development financial institution may transfer or assign the tax credit provided in this section, except that for purposes of a time period within which an act must occur pursuant to this section, the transfer or assignment must relate back to the time of original investment made by the transferor or assignor.
(J) If the community development financial institution in which the investment is made is a tax-exempt nonprofit corporation, the tax credit provided in this section may not be allowed if the taxpayer claims the investment as a deduction pursuant to Section 170 of the Internal Revenue Code.
(K) The total amount of credits which may be allowed by the Department of Revenue may not exceed two million dollars in a community development corporation for fiscal year 1999-2000 and each fiscal year thereafter until the total aggregate amount of four million dollars is reached. The total amount of credits allowed by the Department of Revenue may not exceed five million five hundred thousand dollars in a community development financial institution for fiscal year 1999-2000 and each fiscal year after that until the total aggregate amount of ten million dollars is reached. A credit which is disallowed because of this subsection may be carried forward as provided in this section."
D. This Section takes effect upon approval of the Governor, except that subsection C applies to tax years beginning after 1998. /
Renumber sections to conform.
Amend title to conform.
Senators LAND and MATTHEWS explained the amendment.
The amendment was adopted.
Senator RANKIN proposed the following Amendment No. 4 (JUD3358.001), which was adopted:
Amend the bill, as and if amended, page 33, line 15, by adding an appropriately numbered SECTION to read:
/ SECTION . Chapter 37, Title 5 of the 1976 Code is amended to read:
Section 5-37-10. This chapter may be referred to as 'the 'Municipal Improvement Act of 1973 1999,'', and any municipal corporation of this State is hereby authorized to exercise the powers and provisions hereof.
Section 5-37-20. As used in this chapter, the following terms shall have the following meanings:
(1) `Assessment' means a charge against the real property of an owner within an improvement district created pursuant to this chapter which is based either on assessed value, front footage, area, per parcel basis, the value of improvements to be constructed within the district, or any combination of them, as the basis is determined by the governing body of the municipality. In the event the governing body of a municipality determines that another basis for assessment is appropriate or a more equitable allocation of costs among property owners is appropriate, it may substitute such method for any of the foregoing. An assessment imposed upon real property under this chapter remains valid and enforceable in accordance with the provisions of this chapter even if there is a later subdivision and transfer of the property or a part of it. An improvement plan may provide for a change in the basis of assessment upon the subdivision and transfer of real property or upon such other event as the governing body of a municipality considers appropriate.
(2) `Improvements' include open or covered malls, parkways, parks and playgrounds, recreation facilities, athletic facilities, pedestrian facilities, parking facilities, parking garages, and underground parking facilities, and facade redevelopment, the widening and dredging of
(3) `Improvement district' means any area within the municipality designated by the governing body pursuant to the provisions of this chapter and within which an improvement plan is to be accomplished. No special improvement district may include the grounds of the State House in the City of Columbia.
(4) `Improvement plan' means an overall plan by which the governing body proposes to effect improvements within an improvement district to preserve property values, prevent deterioration of urban areas, and preserve the tax base of the municipality, and includes an overall plan by which the governing body proposes to effect improvements within an improvement district in order to encourage and promote private or public development within the improvement district.
(5) `Governing body' shall mean means the municipal council or other governing body in which the general governing powers of the municipality are vested.
(6) `Owner' is defined as any person twenty-one years of age, or older, or the proper legal representative for any person younger than
It is provided, however, that, if any firm or person has a leasehold interest requiring it or him to pay all municipal taxes, such agreement shall not be applicable to charges of the assessment of the district as only the owner has the right to petition on the assessment charge for the improvement district.
Section 5-37-25. A municipality must obtain the consent of the county governing body and any other municipality where the improvement is located to use revenue collected pursuant to this chapter for improvements located outside the municipal boundaries in which the improvement district is located.
Section 5-37-30. The governing body is authorized, within the corporate limits of the city, to acquire, own, construct, establish, install, enlarge, improve, expand, operate, maintain and repair, and sell, lease, and otherwise dispose of any improvement and to finance such acquisition, construction, establishment, installation, enlargement, improvement, expansion, operation, maintenance, and repair, in whole or in part, by the imposition of assessments in accordance with this chapter, by special district bonds, by general obligation bonds of the municipality, or revenue bonds of the municipality from general revenues from any source not restricted from such use by law, or by any combination of such funding sources. In addition to any other authorization provided herein or by other law, the governing body of a municipality may issue its special district bonds or revenue bonds of the municipality under such terms and conditions as the governing body may determine by ordinance subject to the following: such bonds may be sold at public or private sale for such price as is determined by the governing body; such bonds may be secured by a pledge of and be payable from the assessments authorized herein or any other source of funds not constituting a general tax as may be available and authorized by the governing body; such bonds may be issued pursuant to and secured under the terms of a trust agreement or indenture with a corporate trustee and the ordinance authorizing such bonds or trust
Section 5-37-40. (A) If the governing body finds that:
(1) improvements would be beneficial within a designated improvement district;
(2) the improvements would preserve or increase property values within the district;
(3) in the absence of the improvements, property values within the area would be likely to depreciate, or that the proposed improvements would be likely to encourage development in the improvement district;
(4) the general welfare and tax base of the city would be maintained or likely improved by creation of an improvement district in the city; and
(5) it would be fair and equitable to finance all or part of the cost of the improvements by an assessment upon the real property within the district, the governing body may establish the area as an improvement district and implement and finance, in whole or in part, an improvement plan in the district in accordance with the provisions of this chapter. However, no residential property shall be included as part of an improvement district unless the owner of the residential property gives the governing body written permission to include his property within the district.
(B) If an improvement district is located in a redevelopment project area created under Title 31, Chapter 6, the improvement district being created under the provisions of this chapter must be considered to satisfy items (1) through (5) of subsection (A). The ordinance creating an improvement district may be adopted by a majority of council after a public hearing at which the plan is presented, including the proposed basis and amount of assessment, or upon written petition signed by a majority in number of the owners of real property within the district which is not exempt from ad valorem taxation as provided by law.
Section 5-37-45. The governing body may include within an improvement district an area within the municipality in which the proposed improvements have been constructed or are under construction at the time of the establishment of the improvement district. Before the commencement of the construction of these improvements, a written agreement with the owner of the area to be improved is entered into by the municipality authorizing the construction of the improvements in anticipation of the inclusion of the area which is improved in the improvement district upon such terms and conditions as the governing body agrees, including the reimbursement, as a cost of constructing improvements under this chapter, of any monies expended for the construction before and subsequent to the establishment of the improvement district. Any agreement providing for the construction of the improvements before the establishment of the improvement district must be authorized by an ordinance of the governing body, notice of which must be given by publication in a newspaper of general circulation within the municipality, appearing at least seven days before the final adoption of the ordinance. Any agreements entered into in accordance with the foregoing conditions before the effective date of this section are ratified and confirmed and the area improved declared eligible for inclusion in the improvement district as proposed in the agreement.
Section 5-37-50. The governing body shall, by resolution duly adopted, describe the improvement district and the improvement plan to be effected therein, including any property within the improvement district to be acquired and improved, the projected time schedule for the accomplishment of the improvement plan, the estimated cost thereof and the amount of such cost to be derived from assessments, bonds, or other general funds, together with the proposed basis and rates of any assessments to be imposed within the improvement district. However, no residential property shall be included as part of an improvement district unless the owner of the residential property gives the governing body written permission to include his property within the district. Such resolution shall also establish the time and place of a public hearing to be held within the municipality not sooner than twenty days nor more than forty days following the adoption of such
Section 5-37-60. A resolution providing for an improvement district, when adopted, shall be published once a week for two successive weeks in a newspaper of general circulation within the incorporated municipality and the final publication shall be at least ten days prior to the date of the scheduled public hearing. At the public hearing and at any adjournment thereof, all interested persons may be heard either in person or by attorney.
Section 5-37-70. The governing body may provide by the resolution for the payment of the cost of the improvements and facilities to be constructed within the improvement district by assessments on the property therein as defined in Section 5-37-20, or by the issuance of special district bonds, or by general obligation bonds of the municipality, or from general municipal revenues from any source not restricted from such use by law, or from any combination of such financing sources as may be provided in the improvement plan.
Section 5-37-80. The financing of improvements by assessments, bonds, or other revenues, and the proportions thereof, shall be in the discretion of the governing body; and the rates of assessments upon property owners within the improvement district need not be uniform but may vary in proportion to improvements made immediately adjacent to or abutting upon the property of each owner therein, as well as other bases as provided in Section 5-37-20.
Section 5-37-90. The improvements as defined in Section 5-37-20 are to be or become the property of the municipality, State, or other public entity and may at any time be removed, altered, changed, or added to, as the governing body may in its discretion determine; provided, that during the continuance or maintenance of the improvements, the special assessments on property therein may be utilized for the preservation, operation, and maintenance of the improvements and facilities provided in the improvement plan, and for the management and operation of the improvement district as provided in the improvement plan, and for payment of indebtedness incurred therefor.
Section 5-37-100. Not sooner than ten days nor more than one hundred twenty days following the conclusion of the public hearing provided in Section 5-37-50, the governing body may, by ordinance, provide for the creation of the improvement district as originally proposed or with such changes and modifications therein as the governing body may determine, and provide for the financing thereof
Section 5-37-110. In the event all or any part of improvements and facilities within the district are to be financed by assessments on property therein, the governing body shall prepare an assessment roll in which there shall be entered the names of the persons whose properties are to be assessed and the amount assessed against their respective properties with a brief description of the lots or parcels of land assessed. Immediately after such assessment roll has been completed the governing body shall cause one copy thereof to be deposited in the offices of the municipality for inspection by interested parties, and shall cause to be published at least once in a newspaper of general circulation within the municipality a notice of completion of the assessment roll setting forth a description in general terms of the improvements and providing at least ten days' notice of the time fixed for hearing of objections in respect to such assessments. The time for hearing such objections shall be at least thirty days, and hearings may be conducted by one or more members of the governing body of the municipality, but the final decision on each such objection shall be made by vote of the whole governing body at a public session thereof.
Section 5-37-120. As soon as practicable after the completion of the assessment roll and prior to the publication of the notice provided in Section 5-37-110, the governing body shall mail by registered or certified mail, return receipt requested, to the owner or owners of each lot or parcel of land against which an assessment is to be levied, at the address appearing on the records of the city or county treasurer, a notice stating the nature of the improvement, the total proposed cost thereof, the amount to be assessed against the particular property and the basis upon which the assessment is made, together with the terms and conditions upon which the assessment may be paid. The notice shall contain a brief description of the particular property involved, together with a statement that the amount assessed shall constitute a lien against the property superior to all other liens except property
Section 5-37-130. The governing body shall hear the objections as provided herein of all persons who have filed written notice of objection within the time prescribed and who may appear and make proof in relation thereto either in person or by their attorney. The governing body, at the sessions held to make final decisions on objections, may thereupon make such corrections in the assessment roll as it may deem proper and confirm the same, or set it aside and provide for a new assessment. Whenever the governing body shall confirm an assessment, either as originally prepared or as thereafter corrected, a copy thereof certified by the clerk of the municipality shall be filed in the office of the clerk of court of the county in which the municipality is situate, and from the time of such filing the assessment impressed in the assessment roll shall constitute and be a lien on the real property against which it is assessed superior to all other liens and encumbrances, except the lien for property taxes, and shall be annually assessed and collected with the property taxes thereon.
Section 5-37-140. Upon the confirmation of an assessment, if any, the governing body shall mail a written notice to all persons who have filed written objections as hereinabove provided of the amount of the assessment finally confirmed. Such property owner may appeal such assessment only if he shall, within twenty days after the mailing of the notice to him confirming the assessment, give written notice to the governing body of his intent to appeal his assessment to the court of common pleas of the county in which the property is situate; but no such appeal shall delay or stay the construction of improvements or affect the validity of the assessments confirmed and not appealed. Appeals shall be heard and determined on the record, in the manner of appeals from administrative bodies in this State.
Section 5-37-150. Nothing contained herein shall be construed to limit or restrict the powers of any incorporated municipality, but the authorizations herein contained shall be in addition to any such powers.
Section 5-37-160. Any written petition or consent signed by a property owner prior to July 18, 1974, requesting or consenting to an assessment in an improvement district shall be effective and binding upon said property and property owner and all acts of any municipality taken under any other law shall be effective and binding upon all property owners in an improvement district.
Section 5-37-170. No street in the State state highway system shall be included in a mall development without prior written approval of the South Carolina Highway Commission.
Section 5-37-180. No street which is located in front of the county courthouse and adjacent thereto shall be included in the mall development without prior written approval of the governing body having jurisdiction over such public property. Likewise, no street which shall in effect block the entrance to the courthouse square shall be included in the mall complex without prior written approval of same governing body." /.
Renumber sections to conform.
Amend title to conform.
Senator RANKIN explained the amendment.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 7 (dka\3609MM99), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. A. Section 12-20-105(C) of the 1976 Code, as last amended by Act 151 of 1997, is further amended to read:
"(C) For the purpose of this section, 'infrastructure' means improvements for water, sewer, gas, steam, electric energy, and communication services made to a building or land which are considered necessary, suitable, or useful to an eligible project. These improvements include, but are not limited to:
(1) improvements to both public or private water and sewer systems;
(2) improvements to both public or private electric, natural gas, and telecommunication telecommunications systems including, but not limited to, ones owned or leased by an electric cooperative, electric utility, or electric supplier, as defined in Chapter 27, Title 58;
(3) fixed transportation facilities including highway, road, rail, water, and air;
(4) for a qualifying project under subsection (B)(2), infrastructure improvements include industrial shell buildings and the purchase of land for an office, business, commercial, or industrial park which is constructed by a county or political subdivision of this State."
B. Section 12-36-2120 of the 1976 Code, as last amended by Act 419 of 1998, is further amended by adding an appropriately numbered item at the end to read:
"( ) clothing and other attire required for working in a Class 100 or better as defined in Federal Standard 209E clean room environment."
C. Section 12-37-930(6)(c) of the 1976 Code, as added by Act 32 of 1995, is amended to read:
"(c) Electronic Interconnection Component Assembly Devices for Computers and Computer Peripherals; semiconductors and semiconductor devices; substrates; flat panel displays; and liquid crystal displays 30%
Includes the manufacture of interconnection component assemblies and devices, semiconductors and semiconductor devices, flat panel displays, and liquid crystal displays which are incorporated in computers or computer peripherals, or other electronic control applications, and telecommunications devices. Computer peripherals include tape drives, compact disk read-only memory systems, hard disks, drivers, tape streamers, monitors, printers, routers, servers, and power supplies."
D. The schedule in Section 12-37-930 of the 1976 Code, as last amended by Act 231 of 1996, is further amended by adding an appropriately numbered item at the end to read:
"( ) Class 100 or better as defined in Federal Standard 209E Clean Room Modules and Associated Mechanical Systems, Process Piping, Wiring, Environmental Systems, and Water Purification Systems 10%
Includes waffle flooring, wall and ceiling panels; foundation improvements that isolate the clean room to control vibrations; clean air handling and filtration systems; piping systems for fluids and gases used in the manufacturing process and that touch the product during the fabrication of semiconductors, flat panel displays, and liquid crystal displays; process equipment energy control systems; ultra pure water processing and waste water recycling systems; and safety alarm and monitoring systems."
E. Notwithstanding any other effective date provided in this act, subsection A of this section takes effect upon approval by the Governor, and the remaining sections take effect upon approval by the Governor and apply for taxable years beginning after 1998. /
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 11 (REVIT2), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ SECTION __. 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)
(3) the business shall provide a benefits package to full-time employees which includes health care; (4)
(5) 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, (6)
(7) 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."
(8)
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
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).
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the amendment.
The amendment was adopted.
Senators MARTIN and LAND proposed the following amendment (BBM\9421MM99), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/ SECTION __.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
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
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
(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
(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 __. 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
(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
(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
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
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 be must 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
(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
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), up to June 1, 1999, 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 __. A. Section 4-10-65 of the 1976 Code, as added by Section 99, Part II, Act 164 of 1993, is amended to read:
"Section 4-10-65. Funds collected by the Tax Commission department from the local option sales tax which are not identified as to the governmental unit due the tax, shall, and cannot be so identified after a reasonable effort by the commission department to determine the appropriate governmental unit, must be deposited to a local option supplemental revenue fund. These funds must be distributed in accordance with Section 4-10-60 to those counties generating less than the minimum distribution."
B. Section 4-10-330(E) of the 1976 Code, as added by Act 138 of 1997, is amended to read:
"(E) All qualified electors desiring to vote in favor of imposing the tax for the stated purposes shall vote 'yes' and all qualified electors opposed to levying the tax shall vote 'no'. If a majority of the votes cast are in favor of imposing the tax, then the tax is imposed as provided in this article and the enacting ordinance. A subsequent referendum on this question must be held on the date prescribed in subsection (C). The election commission shall conduct the referendum under the election laws of this State, mutatis mutandis, and shall certify the result no later than December thirty-first November thirtieth to the county governing body and to the Department of Revenue. Expenses of the referendum must be paid by the governmental entities that would receive the proceeds of the tax in the same proportion that those entities would receive the net proceeds of the tax."
C. Section 4-10-350(C), (D), and (E) of the 1976 Code, as added by Act 138 of 1997, is amended to read:
"(C) Taxpayers A taxpayer required to remit taxes under Article 13, Chapter 36 of Title 12 must identify the county, municipality, or both, in which the personal property purchased at retail is stored, used, or consumed in this State.
(D) Utilities are A utility is required to report sales in the county, municipality, or both, in which the consumption of the tangible personal property occurs.
(E) A taxpayer subject to the tax imposed by Section 12-36-920, who owns or manages rental units in more than one county, municipality, or combination thereof, must report separately in his sales tax return the total gross proceeds from business done in each county or municipality."
D. Section 4-10-360 of the 1976 Code, as added by Act 138 of 1997, is amended by adding at the end:
"However, allocations made as a result of city or county code errors must be corrected prospectively."
E. Article 3, Chapter 10, Title 4 of the 1976 Code is amended by adding:
"Section 4-10-380. Annually, and only in the month of June, funds collected by the department from the local option capital project sales tax, which are not identified as to the governmental unit due the tax, must be transferred, after reasonable effort by the department to determine the appropriate governmental unit, to the State Treasurer's Office. The State Treasurer shall distribute these funds to the county treasurer in the county area in which the tax is imposed and the revenues must be used only for the purposes stated in the imposition ordinance. The State Treasurer shall calculate this supplemental distribution on a proportional basis, based on the current fiscal year's county area revenue collections."
F. Section 4-37-30(A)(4) and (15) of the 1976 Code, as added by Act 52 of 1995, is amended to read:
"(4) All qualified electors desiring to vote in favor of imposing the tax for a particular purpose shall vote 'yes' and all qualified electors opposed to levying the tax for a particular purpose shall vote 'no'. If a majority of the votes cast are in favor of imposing the tax for one or more of the specified purposes, then the tax is imposed as provided in this section; otherwise, the tax is not imposed. The election commission shall conduct the referendum under the election laws of this State, mutatis mutandis, and shall certify the result no later than sixty days November thirtieth after the date of the referendum to the appropriate governing body and to the Department of Revenue. Included in the certification must be the maximum cost of the project or projects or facilities to be funded in whole or in part from proceeds of the tax, the maximum time specified for the imposition of the tax, and the principal amount of bonds to be supported by the tax receiving a
(15) The revenues of the tax collected in each county under this section must be remitted to the State Treasurer and credited to a fund separate and distinct from the general fund of the State. After deducting the amount of refunds made and costs to the Department of Revenue of administering the tax, not to exceed one percent of the revenues, the State Treasurer shall distribute the revenues and all interest earned on the revenues while on deposit with the State Treasurer him quarterly to the county in which the tax is imposed and these revenues and interest earnings must be used only for the purpose stated in the imposition ordinance. The State Treasurer may correct misallocation costs or refunds by adjusting subsequent later distributions, but these adjustments must be made in the same fiscal year as the misallocation. However, allocations made as a result of city or county code errors must be corrected prospectively."
G. Chapter 37, Title 4 of the 1976 Code is amended by adding:
"Section 4-37-50. Annually, and only in the month of June, funds collected by the department from the local option transportation facility tax, which are not identified as to the governmental unit due the tax, must be transferred, after reasonable effort by the department to determine the appropriate governmental unit, to the State Treasurer's Office. The State Treasurer shall distribute these funds to the county treasurer in the county area in which the tax is imposed and the revenues must be used only for the purposes stated in the imposition ordinance. The State Treasurer shall calculate this supplemental distribution on a proportional basis, based on the current fiscal year's county area revenue collections."
H. 1. Section 6(A) of Act 588 of 1994 is amended to read:
"(A) The revenues of the tax collected in the county under this act must be remitted to the State Treasurer and credited to a fund separate and distinct from the general fund of the State. After deducting the amount of refunds made and costs to the Department of Revenue and Taxation of administering the tax, not to exceed one percent of the revenues, the State Treasurer shall distribute the revenues quarterly to the county treasurer who holds the debt service funds established for payment of principal and interest on the bonds to which the tax is
2. Act 588 of 1994 is amended by adding an appropriately numbered section to read:
"SECTION __. Annually, and only in the month of June, funds collected by the department from the local option school district tax, which are not identified as to the governmental unit due the tax, must be transferred, after reasonable effort by the department to determine the appropriate governmental unit, to the State Treasurer's Office. The State Treasurer shall distribute these funds to the county treasurer in the county area in which the tax is imposed and the revenues must be used only for the purposes stated in the imposition resolution. The State Treasurer shall calculate this supplemental distribution on a proportional basis, based on the current fiscal year's county area revenue collections."
I. Section 12-4-580(B) of the 1976 Code, as added by Section 59A, Part II, Act 458 of 1996, is amended to read:
"(B) The department may charge and retain a reasonable fee for any collection effort made on a governmental entity's behalf. The department may expend the funds resulting from any fees so charged and retained and may carry the funds forward from one fiscal year to the next. The amount of the fee must be negotiated between the governmental entity and the department."
J. Section 12-54-240(B)(6) of the 1976 Code, as added by Act 658 of 1988, is amended to read:
"(6) disclosure of a deficiency assessments assessment to a probate courts and the filing of warrants for uncollected taxes court, the filing of a tax lien for uncollected taxes, and the issuance of a notice of levy;"
K. This section takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
The amendment was adopted.
Senator McCONNELL proposed the following amendment (RUL3358.001), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION Section 1-11-720(A) (7) is amended to read:
"(7) special purpose districts created by act of the General Assembly that provide gas, water, fire, sewer, recreation, or hospital service, or any combination of these services;" /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was 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.
Senator PEELER 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 the Amendment No. 4 (KGH\15788HTC99)
Senator WILSON explained the amendment.
On motion of Senator WILSON, with unanimous consent, Amendment No. 4 was withdrawn from consideration.
Senators MARTIN and LAND proposed the following Amendment No. 5 (BBM\9416MM99), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/ SECTION __.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
(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
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
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
(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
'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
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
(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 __. 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
(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
(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
(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
( 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
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
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 be must 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
(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
(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
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), up to June 1, 1999, 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 __. A. Section 4-10-65 of the 1976 Code, as added by Section 99, Part II, Act 164 of 1993, is amended to read:
"Section 4-10-65. Funds collected by the Tax Commission department from the local option sales tax which are not identified as to the governmental unit due the tax, shall, and cannot be so identified after a reasonable effort by the commission department to determine the appropriate governmental unit, must be deposited to a local option supplemental revenue fund. These funds must be distributed in accordance with Section 4-10-60 to those counties generating less than the minimum distribution."
B. Section 4-10-330(E) of the 1976 Code, as added by Act 138 of 1997, is amended to read:
"(E) All qualified electors desiring to vote in favor of imposing the tax for the stated purposes shall vote 'yes' and all qualified electors opposed to levying the tax shall vote 'no'. If a majority of the votes cast are in favor of imposing the tax, then the tax is imposed as provided in this article and the enacting ordinance. A subsequent referendum on this question must be held on the date prescribed in subsection (C). The election commission shall conduct the referendum under the election laws of this State, mutatis mutandis, and shall certify the result no later than December thirty-first November thirtieth to the county governing body and to the Department of Revenue. Expenses of the referendum must be paid by the governmental entities that would receive the proceeds of the tax in the same proportion that those entities would receive the net proceeds of the tax."
C. Section 4-10-350(C), (D), and (E) of the 1976 Code, as added by Act 138 of 1997, is amended to read:
"(C) Taxpayers A taxpayer required to remit taxes under Article 13, Chapter 36 of Title 12 must identify the county, municipality, or both, in which the personal property purchased at retail is stored, used, or consumed in this State.
(D) Utilities are A utility is required to report sales in the county, municipality, or both, in which the consumption of the tangible personal property occurs.
(E) A taxpayer subject to the tax imposed by Section 12-36-920, who owns or manages rental units in more than one county, municipality, or combination thereof, must report separately in his sales tax return the total gross proceeds from business done in each county or municipality."
D. Section 4-10-360 of the 1976 Code, as added by Act 138 of 1997, is amended by adding at the end:
"However, allocations made as a result of city or county code errors must be corrected prospectively."
E. Article 3, Chapter 10, Title 4 of the 1976 Code is amended by adding:
"Section 4-10-380. Annually, and only in the month of June, funds collected by the department from the local option capital project sales tax, which are not identified as to the governmental unit due the tax, must be transferred, after reasonable effort by the department to determine the appropriate governmental unit, to the State Treasurer's Office. The State Treasurer shall distribute these funds to the county treasurer in the county area in which the tax is imposed and the revenues must be used only for the purposes stated in the imposition ordinance. The State Treasurer shall calculate this supplemental distribution on a proportional basis, based on the current fiscal year's county area revenue collections."
F. Section 4-37-30(A)(4) and (15) of the 1976 Code, as added by Act 52 of 1995, is amended to read:
"(4) All qualified electors desiring to vote in favor of imposing the tax for a particular purpose shall vote 'yes' and all qualified electors opposed to levying the tax for a particular purpose shall vote 'no'. If a majority of the votes cast are in favor of imposing the tax for one or more of the specified purposes, then the tax is imposed as provided in this section; otherwise, the tax is not imposed. The election commission shall conduct the referendum under the election laws of this State, mutatis mutandis, and shall certify the result no later than sixty days November thirtieth after the date of the referendum to the appropriate governing body and to the Department of Revenue.
(15) The revenues of the tax collected in each county under this section must be remitted to the State Treasurer and credited to a fund separate and distinct from the general fund of the State. After deducting the amount of refunds made and costs to the Department of Revenue of administering the tax, not to exceed one percent of the revenues, the State Treasurer shall distribute the revenues and all interest earned on the revenues while on deposit with the State Treasurer him quarterly to the county in which the tax is imposed and these revenues and interest earnings must be used only for the purpose stated in the imposition ordinance. The State Treasurer may correct misallocation costs or refunds by adjusting subsequent later distributions, but these adjustments must be made in the same fiscal year as the misallocation. However, allocations made as a result of city or county code errors must be corrected prospectively."
G. Chapter 37, Title 4 of the 1976 Code is amended by adding:
"Section 4-37-50. Annually, and only in the month of June, funds collected by the department from the local option transportation facility tax, which are not identified as to the governmental unit due the tax, must be transferred, after reasonable effort by the department to determine the appropriate governmental unit, to the State Treasurer's Office. The State Treasurer shall distribute these funds to the county treasurer in the county area in which the tax is imposed and the revenues must be used only for the purposes stated in the imposition ordinance. The State Treasurer shall calculate this supplemental distribution on a proportional basis, based on the current fiscal year's county area revenue collections."
H. 1. Section 6(A) of Act 588 of 1994 is amended to read:
"(A) The revenues of the tax collected in the county under this act must be remitted to the State Treasurer and credited to a fund separate and distinct from the general fund of the State. After deducting the amount of refunds made and costs to the Department of Revenue and
2. Act 588 of 1994 is amended by adding an appropriately numbered section to read:
"SECTION __. Annually, and only in the month of June, funds collected by the department from the local option school district tax, which are not identified as to the governmental unit due the tax, must be transferred, after reasonable effort by the department to determine the appropriate governmental unit, to the State Treasurer's Office. The State Treasurer shall distribute these funds to the county treasurer in the county area in which the tax is imposed and the revenues must be used only for the purposes stated in the imposition resolution. The State Treasurer shall calculate this supplemental distribution on a proportional basis, based on the current fiscal year's county area revenue collections."
I. Section 12-4-580(B) of the 1976 Code, as added by Section 59A, Part II, Act 458 of 1996, is amended to read:
"(B) The department may charge and retain a reasonable fee for any collection effort made on a governmental entity's behalf. The department may expend the funds resulting from any fees so charged and retained and may carry the funds forward from one fiscal year to the next. The amount of the fee must be negotiated between the governmental entity and the department."
J. Section 12-54-240(B)(6) of the 1976 Code, as added by Act 658 of 1988, is amended to read:
"(6) disclosure of a deficiency assessments assessment to a probate courts and the filing of warrants for uncollected taxes court, the filing of a tax lien for uncollected taxes, and the issuance of a notice of levy;"
K. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the amendment.
The amendment was adopted.
Senators LAND and PASSAILAIGUE proposed the following Amendment No. 7 (REVITAL), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ SECTION __. (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: (C)
"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."
(D) Section 12-10-100(A) of the 1976 Code, as added by Act 25 of 1995, is amended to read: (E)
"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).
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the amendment.
The amendment was adopted.
Senators LAND and PASSAILAIGUE proposed the following Amendment No. 8 (COPUBWK), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Section 4-35-150 of the 1976 Code, as added by Act 99 of 1993, is amended to read:
"Section 4-35-150. The improvements as defined in Section 4-35-30 are the sole and unrestricted property of the county must be owned by the county, the State, or another public entity for the benefit of the citizens and residents of the improvement district or the entity owning the improvement, and may at any time may be removed, altered, changed, or added to, as the governing body of the owner may determine if except that during the continuance or maintenance of the improvements, the special assessments on property may be utilized for the preservation, operation, and maintenance of the improvements and facilities provided in the improvement plan, for the management and operation of the improvement district as provided in the improvement plan, and for payment of indebtedness incurred." /
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
Senator GIESE desired to be recorded as voting against the third reading of the Bill.
H. 3218 (Word version) -- Rep. Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-120 SO AS TO MAKE CONFIDENTIAL THE INFORMATION PROVIDED BY A TAXPAYER IN A RETURN, REPORT, OR APPLICATION FILED WITH A COUNTY OR MUNICIAPLITY, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A CRIMINAL PENALTY AND DISMISSAL FROM OFFICE OR POSITION FOR AN EMPLOYEE OR OFFICER WHO VIOLATES THIS REQUIREMENT, AND TO DISQUALIFY FOR FIVE YEARS FROM PUBLIC OFFICE A COUNTY OR MUNICIPAL OFFICER VIOLATING THIS REQUIREMENT; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE
Senator RAVENEL asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator McCONNELL proposed the following Amendment No. 1 (JUD3218.001), which was adopted:
Amend the bill, as and if amended, page 1, line 15, in the title, by striking /MUNICIAPLITY/ and inserting / MUNICIPALITY /.
Amend the bill further, as and if amended, page 2, beginning on line 15, in Section 6-1-120(B)(2), as contained in SECTION 1, by striking lines 15 and 16 in their entirety and inserting therein the following:
/ information included on them by an officer or employee of the county or municipality or an agent retained by an officer or employee in /.
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
Senator RANKIN proposed the following Amendment No. 2 (JUD3218.002), which was adopted:
Amend the bill, as and if amended, page 3, line 5, by adding an appropriately numbered SECTION to read:
/ SECTION . Chapter 37, Title 5 of the 1976 Code is amended to read:
Section 5-37-10. This chapter may be referred to as 'the 'Municipal Improvement Act of 1973 1999,'', and any municipal corporation of this State is hereby authorized to exercise the powers and provisions hereof.
Section 5-37-20. As used in this chapter, the following terms shall have the following meanings:
(1) `Assessment' means a charge against the real property of an owner within an improvement district created pursuant to this chapter which is based either on assessed value, front footage, area, per parcel basis, the value of improvements to be constructed within the district, or any combination of them, as the basis is determined by the governing body of the municipality. In the event the governing body of a municipality determines that another basis for assessment is appropriate or a more equitable allocation of costs among property owners is appropriate, it may substitute such method for any of the foregoing. An assessment imposed upon real property under this chapter remains valid and enforceable in accordance with the provisions of this chapter even if there is a later subdivision and transfer of the property or a part of it. An improvement plan may provide for a change in the basis of assessment upon the subdivision and transfer of real property or upon such other event as the governing body of a municipality considers appropriate.
(2) `Improvements' include open or covered malls, parkways, parks and playgrounds, recreation facilities, athletic facilities, pedestrian facilities, parking facilities, parking garages, and underground parking facilities, and facade redevelopment, the widening and dredging of existing channels, canals, and waterways used specifically for recreational or other purposes, the relocation, construction, widening, and paving of streets, roads, and bridges, including demolition of them, underground utilities, all activities authorized by Chapter 1 of Title 31 (State Housing Law), any building or other facilities for public use, any public works eligible for financing under the provisions of Section 6-21-50, and all things incidental to the improvements, including planning, engineering, administration, managing, promotion, marketing, and acquisition of necessary easements and land, and may include facilities for lease or use by a private person, firm, or corporation. However, improvements as defined in this chapter must comply with all applicable state and federal laws and regulations governing these activities. Any such improvements may be designated by the governing body as public works eligible for revenue bond
(3) `Improvement district' means any area within the municipality designated by the governing body pursuant to the provisions of this chapter and within which an improvement plan is to be accomplished. No special improvement district may include the grounds of the State House in the City of Columbia.
(4) `Improvement plan' means an overall plan by which the governing body proposes to effect improvements within an improvement district to preserve property values, prevent deterioration of urban areas, and preserve the tax base of the municipality, and includes an overall plan by which the governing body proposes to effect improvements within an improvement district in order to encourage and promote private or public development within the improvement district.
(5) `Governing body' shall mean means the municipal council or other governing body in which the general governing powers of the municipality are vested.
(6) `Owner' is defined as any person twenty-one years of age, or older, or the proper legal representative for any person younger than twenty-one years of age, and any firm or corporation, who or which
owns legal title to a present possessory interest in real estate equal to a life estate or greater (expressly excluding leaseholds, easements, equitable interests, inchoate rights, dower rights, and future interest) and who owns, at the date of the petition or written consent, at least an undivided one-tenth interest in a single tract and whose name appears on the county tax records as an owner of real estate, and any duly organized group whose total interest is at least equal to a one-tenth interest in a single tract.
It is provided, however, that, if any firm or person has a leasehold interest requiring it or him to pay all municipal taxes, such agreement shall not be applicable to charges of the assessment of the district as only the owner has the right to petition on the assessment charge for the improvement district.
Section 5-37-25. A municipality must obtain the consent of the county governing body and any other municipality where the improvement is located to use revenue collected pursuant to this chapter for improvements located outside the municipal boundaries in which the improvement district is located.
Section 5-37-30. The governing body is authorized, within the corporate limits of the city, to acquire, own, construct, establish, install, enlarge, improve, expand, operate, maintain and repair, and sell, lease, and otherwise dispose of any improvement and to finance such acquisition, construction, establishment, installation, enlargement, improvement, expansion, operation, maintenance, and repair, in whole or in part, by the imposition of assessments in accordance with this chapter, by special district bonds, by general obligation bonds of the municipality, or revenue bonds of the municipality from general revenues from any source not restricted from such use by law, or by any combination of such funding sources. In addition to any other authorization provided herein or by other law, the governing body of a municipality may issue its special district bonds or revenue bonds of the municipality under such terms and conditions as the governing body may determine by ordinance subject to the following: such bonds may be sold at public or private sale for such price as is determined by the governing body; such bonds may be secured by a pledge of and be payable from the assessments authorized herein or any other source of funds not constituting a general tax as may be available and authorized by the governing body; such bonds may be issued pursuant to and secured under the terms of a trust agreement or indenture with a corporate trustee and the ordinance authorizing such bonds or trust agreement or indenture pertaining thereto may contain provisions for the establishment of a reserve fund, and such other funds or accounts as are determined by the governing body to be appropriate to be held by the governing body or the trustee. The proceeds of any bonds may be applied to the payment of the costs of any improvements, including expenses associated with the issuance and sale of the bonds and any costs for planning and designing the improvements or planning or arranging for the financing and any engineering, architectural, surveying, testing, or similar costs or expenses necessary or appropriate for the planning, designing, and construction or implementation of any plan in connection with the improvements.
Section 5-37-40. (A) If the governing body finds that:
(1) improvements would be beneficial within a designated improvement district;
(2) the improvements would preserve or increase property values within the district;
(3) in the absence of the improvements, property values within the area would be likely to depreciate, or that the proposed improvements would be likely to encourage development in the improvement district;
(4) the general welfare and tax base of the city would be maintained or likely improved by creation of an improvement district in the city; and
(5) it would be fair and equitable to finance all or part of the cost of the improvements by an assessment upon the real property within the district, the governing body may establish the area as an improvement district and implement and finance, in whole or in part, an improvement plan in the district in accordance with the provisions of this chapter. However, no residential property shall be included as part of an improvement district unless the owner of the residential property gives the governing body written permission to include his property within the district.
(B) If an improvement district is located in a redevelopment project area created under Title 31, Chapter 6, the improvement district being created under the provisions of this chapter must be considered to satisfy items (1) through (5) of subsection (A). The ordinance creating an improvement district may be adopted by a majority of council after a public hearing at which the plan is presented, including the proposed basis and amount of assessment, or upon written petition signed by a majority in number of the owners of real property within the district which is not exempt from ad valorem taxation as provided by law. However, no residential property shall be included as part of an improvement district unless the owner of the residential property gives the governing body written permission to include his property within the district.
Section 5-37-45. The governing body may include within an improvement district an area within the municipality in which the proposed improvements have been constructed or are under construction at the time of the establishment of the improvement district. Before the commencement of the construction of these improvements, a written agreement with the owner of the area to be improved is entered into by the municipality authorizing the construction of the improvements in anticipation of the inclusion of the area which is improved in the improvement district upon such terms and conditions as the governing body agrees, including the
Section 5-37-50. The governing body shall, by resolution duly adopted, describe the improvement district and the improvement plan to be effected therein, including any property within the improvement district to be acquired and improved, the projected time schedule for the accomplishment of the improvement plan, the estimated cost thereof and the amount of such cost to be derived from assessments, bonds, or other general funds, together with the proposed basis and rates of any assessments to be imposed within the improvement district. However, no residential property shall be included as part of an improvement district unless the owner of the residential property gives the governing body written permission to include his property within the district. Such resolution shall also establish the time and place of a public hearing to be held within the municipality not sooner than twenty days nor more than forty days following the adoption of such resolution at which any interested person may attend and be heard either in person or by attorney on any matter in connection therewith.
Section 5-37-60. A resolution providing for an improvement district, when adopted, shall be published once a week for two successive weeks in a newspaper of general circulation within the incorporated municipality and the final publication shall be at least ten days prior to the date of the scheduled public hearing. At the public hearing and at any adjournment thereof, all interested persons may be heard either in person or by attorney.
Section 5-37-70. The governing body may provide by the resolution for the payment of the cost of the improvements and facilities to be constructed within the improvement district by assessments on the property therein as defined in Section 5-37-20, or by the issuance of special district bonds, or by general obligation bonds of the municipality, or from general municipal revenues from any
Section 5-37-80. The financing of improvements by assessments, bonds, or other revenues, and the proportions thereof, shall be in the discretion of the governing body; and the rates of assessments upon property owners within the improvement district need not be uniform but may vary in proportion to improvements made immediately adjacent to or abutting upon the property of each owner therein, as well as other bases as provided in Section 5-37-20.
Section 5-37-90. The improvements as defined in Section 5-37-20 are to be or become the property of the municipality, State, or other public entity and may at any time be removed, altered, changed, or added to, as the governing body may in its discretion determine; provided, that during the continuance or maintenance of the improvements, the special assessments on property therein may be utilized for the preservation, operation, and maintenance of the improvements and facilities provided in the improvement plan, and for the management and operation of the improvement district as provided in the improvement plan, and for payment of indebtedness incurred therefor.
Section 5-37-100. Not sooner than ten days nor more than one hundred twenty days following the conclusion of the public hearing provided in Section 5-37-50, the governing body may, by ordinance, provide for the creation of the improvement district as originally proposed or with such changes and modifications therein as the governing body may determine, and provide for the financing thereof by assessment, bonds, or other revenues as herein provided. However, no residential property shall be included as part of an improvement district unless the owner of the residential property gives the governing body written permission to include his property within the district. Such ordinance shall not become effective until at least seven days after it has been published in a newspaper of general circulation in the municipality. Such ordinance may incorporate by reference plats and engineering reports and other data on file in the offices of the municipality; provided, that the place of filing and reasonable hours for inspection are made available to all interested persons.
Section 5-37-110. In the event all or any part of improvements and facilities within the district are to be financed by assessments on property therein, the governing body shall prepare an assessment roll in which there shall be entered the names of the persons whose properties are to be assessed and the amount assessed against their respective
Section 5-37-120. As soon as practicable after the completion of the assessment roll and prior to the publication of the notice provided in Section 5-37-110, the governing body shall mail by registered or certified mail, return receipt requested, to the owner or owners of each lot or parcel of land against which an assessment is to be levied, at the address appearing on the records of the city or county treasurer, a notice stating the nature of the improvement, the total proposed cost thereof, the amount to be assessed against the particular property and the basis upon which the assessment is made, together with the terms and conditions upon which the assessment may be paid. The notice shall contain a brief description of the particular property involved, together with a statement that the amount assessed shall constitute a lien against the property superior to all other liens except property taxes. The notice shall also state the time and place fixed for the hearing of objections in respect to the assessment. Any property owner who fails to file with the municipal council a written objection to the assessment against his property within the time provided for hearing such objections shall be deemed to have consented to such assessment, and the published and written notices prescribed in this chapter shall so state. If all of the owners of property upon which an assessment is to be levied consent in writing to the imposition of such assessment, the provisions of this section shall be deemed satisfied.
Section 5-37-130. The governing body shall hear the objections as provided herein of all persons who have filed written notice of objection within the time prescribed and who may appear and make proof in relation thereto either in person or by their attorney. The governing body, at the sessions held to make final decisions on objections, may thereupon make such corrections in the assessment roll
Section 5-37-140. Upon the confirmation of an assessment, if any, the governing body shall mail a written notice to all persons who have filed written objections as hereinabove provided of the amount of the assessment finally confirmed. Such property owner may appeal such assessment only if he shall, within twenty days after the mailing of the notice to him confirming the assessment, give written notice to the governing body of his intent to appeal his assessment to the court of common pleas of the county in which the property is situate; but no such appeal shall delay or stay the construction of improvements or affect the validity of the assessments confirmed and not appealed. Appeals shall be heard and determined on the record, in the manner of appeals from administrative bodies in this State.
Section 5-37-150. Nothing contained herein shall be construed to limit or restrict the powers of any incorporated municipality, but the authorizations herein contained shall be in addition to any such powers.
Section 5-37-160. Any written petition or consent signed by a property owner prior to July 18, 1974, requesting or consenting to an assessment in an improvement district shall be effective and binding upon said property and property owner and all acts of any municipality taken under any other law shall be effective and binding upon all property owners in an improvement district.
Section 5-37-170. No street in the State highway system shall be included in a mall development without prior written approval of the South Carolina Highway Commission.
Section 5-37-180. No street which is located in front of the county courthouse and adjacent thereto shall be included in the mall development without prior written approval of the governing body having jurisdiction over such public property. Likewise, no street which shall in effect block the entrance to the courthouse square shall be included in the mall complex without prior written approval of same governing body." /.
Renumber sections to conform.
Amend title to conform.
Senator RANKIN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 3075 (Word version) -- Reps. Limehouse, Edge, Simrill and Emory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-485 SO AS TO REQUIRE THE SHERIFF TO PROVIDE WRITTEN NOTICE TO ALL RESIDENCES WITHIN FOUR BLOCKS OF A REGISTERED SEX OFFENDER OF THE OFFENDER'S ADDRESS AND CERTAIN OTHER INFORMATION REGARDING THE OFFENDER; AND TO AMEND SECTION 23-3-490, AS AMENDED, RELATING TO A SHERIFF DISSEMINATING SEX OFFENDER REGISTRY INFORMATION WHEN IT IS BELIEVED SUCH DISSEMINATION WILL DETER CRIME, SO AS TO PROVIDE THAT THE FOUR-BLOCK RADIUS NOTIFICATION DOES NOT RESTRICT THE SHERIFF FROM BROADER DISSEMINATION OF INFORMATION WHEN NECESSARY.
Senator HUTTO asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
Senator HUTTO asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator HUTTO proposed the following amendment (JUD3075.001.DOC), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
SECTION 1. Article 7, Chapter 3, Title 23 of the 1976 Code is amended by adding:
"Section 23-3-530. The State Law Enforcement Division shall develop and maintain a protocol manual to be used by contributing agencies in the administration of the sex offender registry."
SECTION 2. Section 23-3-490(A) and (C) of the 1976 Code, as last amended by Act 384 of 1998, are further amended to read:
"(A) Information collected for the offender registry is open to public inspection, upon request to the county sheriff. A sheriff must release information regarding a specific person or persons required to register under this article to a member of the public if the request is made in writing, on a form prescribed by SLED, stating the name of the person requesting the information, and the name or address of the person or persons about whom the information is sought. The information must be disclosed only to the person making the request. The sheriff must provide the person making the request with the full names of the requested registered sex offenders, any aliases, any other identifying physical characteristics, each offender's date of birth, the home address on file, the offense for which the offender was required to register pursuant to Section 23-3-430, and the date, city, and state of conviction. A photocopy of a current photograph must also be provided. The sheriff must provide to a newspaper with general circulation within the county a listing of the registry for publication.
(2) A sheriff who provides the offender registry for publication or a newspaper which publishes the registry, or any portion of it, is not liable and must not be named as a party in an action to recover damages or seek relief for errors or omissions in the publication of the offender registry; however, if the error or omission was done intentionally , with malice, or in bad faith the sheriff or newspaper is not immune from liability.
(C) Nothing in subsection (A) prohibits a sheriff from disseminating information contained in that subsection (A) regarding a specific person persons who is are required to register under this article if the sheriff or another law enforcement officer has reason to believe the release of this information will deter criminal activity or enhance public safety. The sheriff shall notify the principals of public and private schools, and the administrator of child day care centers and family day care centers of any offender whose address is within one-half mile of the school or business."
SECTION 3. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator HUTTO, with unanimous consent, H. 3075 was ordered to receive a third reading on Friday, June 4, 1999.
S. 597 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTION 56-1-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALITIES FOR VIOLATION OF A DRIVER'S LICENSE RESTRICTION IMPOSED DUE TO THE DRIVER'S LIMITED ABILITY, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-1-320, AS AMENDED, RELATING TO THE SUSPENSION OR REVOCATION OF A RESIDENT'S LICENSE OR NONRESIDENT'S DRIVING PRIVILEGE UPON CONVICTION IN ANOTHER STATE, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE IF PERMITTED BY THE APPLICABLE LAW IN SOUTH CAROLINA; TO AMEND SECTION 56-1-740, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR NON-RESIDENT'S PRIVILEGE TO DRIVE AFTER AN ACCUMULATION OF EXCESSIVE POINTS, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-5-750, AS AMENDED, RELATING TO THE OFFENSE OF FAILURE TO STOP, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE IF PERMITTED BY THE APPLICABLE LAW IN SOUTH CAROLINA; TO AMEND SECTION 56-5-2951, AS AMENDED,
The House returned the Bill with amendments.
Senator HUTTO explained the amendments.
Senators McCONNELL, HOLLAND and HUTTO proposed the following amendment (DOC. NO. JUD0597.004) which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 23-3-430(C) of the 1976 Code, as last amended by Act 384 of 1998, is further amended to read:
"(C) For purposes of this article, a person who has been convicted of, pled guilty or nolo contendere to, or been adjudicated delinquent for any of the following offenses shall be referred to as an offender:
(1) criminal sexual conduct in the first degree (Section 16-3-652);
(2) criminal sexual conduct in the second degree (Section 16-3-653);
(3) criminal sexual conduct in the third degree (Section 16-3-654);
(4) criminal sexual conduct with minors, first degree (Section 16-3-655(1));
(5) criminal sexual conduct with minors, second degree (Section 16-3-655(2) and (3). If evidence is presented at the criminal proceeding and the court makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct, as contained in Section 16-3-655(3) provided the offender is eighteen years of age or less, or consensual sexual conduct between persons under sixteen years of age, the convicted person is not an offender and is not required to register pursuant to the provisions of this article;
(6) engaging a child for sexual performance (Section 16-3-810);
(7) producing, directing, or promoting sexual performance by a child (Section 16-3-820);
(8) criminal sexual conduct: assaults with intent to commit (Section 16-3-656);
(9) incest (Section 16-15-20);
(10) buggery (Section 16-15-120);
(11) committing or attempting lewd act upon child under sixteen (Section 16-15-140);
(12) peeping (Section 16-17-470);
(13) violations of Article 3, Chapter 15 of Title 16 involving a minor which violations are felonies;
(14) a person, regardless of age, who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in this State, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in a comparable court in the United States, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in the United States federal courts of indecent exposure or of a similar offense in other jurisdictions is required to register pursuant to the provisions of this article if the court makes a specific finding on the record that based on the circumstances of the case the convicted person should register as a sex offender;
(15) kidnapping (Section 16-3-910) of a person eighteen years of age or older except when the court makes a finding on the record that the offense did not include a criminal sexual offense or an attempted criminal sexual offense;
(16) kidnapping (Section 16-3-910) of a person under eighteen years of age except when the offense is committed by a parent;
(17) criminal sexual conduct when the victim is a spouse (Section 16-3-658);
(18) sexual battery of a spouse (Section 16-3-615);
(19) sexual intercourse with a patient or trainee (Section 44-23-1150)." (20)
SECTION 2. This bill takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
The Bill was ordered returned to the House of Representatives with amendments.
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 CREATE A NEW CLASS OF PERSONAL PROPERTY REQUIRED TO BE TITLED BY A STATE OR FEDERAL AGENCY, NOT INCLUDING UNITS OF MANUFACTURED HOUSING, ASSESSED AT TEN AND ONE-HALF PERCENT OF FAIR MARKET VALUE OR SOME PERCENTAGE LESS THAN TEN AND ONE-HALF PERCENT BUT NOT LESS THAN SIX PERCENT SET BY THE GOVERNING BODY OF THE COUNTY IN CONSULTATION WITH ALL PROPERTY TAXING ENTITIES IN THE COUNTY; AND PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING
The House returned the Joint Resolution with amendments.
Senator McCONNELL explained the amendments.
Senators McCONNELL, PASSAILAIGUE and DRUMMOND proposed the following amendment (11R010.GFM), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
/ SECTION 1. It is proposed that Section 1(8), Article X of the Constitution of this State be amended to read:
"(8)(A) Except as provided in subitem (B) of this item, all other personal property shall must be taxed on an assessment equal to ten and one-half percent of the fair market value of such the property.
(B)(1) Personal motor vehicles which must be titled by a state or federal agency, limited to passenger motor vehicles and pickup trucks, as defined by law, must be taxed on an assessment equal to the following percentage of fair market value of the property:
Property Tax Year Percentage
year 1 9.75
year 2 9.00
year 3 8.25
year 4 7.50
year 5 6.75
year 6 6.00
(2) This subitem applies for property tax years beginning after 2001, or for earlier tax years as the General Assembly may provide by law."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 1(8), Article X of the Constitution of this State relating to assessment ratio on 'all other personal property', be amended so as to establish a separate class of property for purposes of
No [ ]
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'." /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The question then was the adoption of the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Branton Bryan Cork Courson Courtney Drummond 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 Smith, J. Verne Thomas Waldrep Washington Wilson
The amendment was adopted.
Senator McCONNELL moved that the text of the Joint Resolution, as amended, be printed upon the pages of the Journal as follows:
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 1(8), Article X of the Constitution of this State be amended to read:
"(8)(A) Except as provided in subitem (B) of this item, all other personal property shall must be taxed on an assessment equal to ten and one-half percent of the fair market value of such the property.
(B)(1) Personal motor vehicles which must be titled by a state or federal agency, limited to passenger motor vehicles and pickup trucks, as defined by law, must be taxed on an assessment equal to the following percentage of fair market value of the property:
Property Tax Year Percentage
year 1 9.75
year 2 9.00
year 3 8.25
year 4 7.50
year 5 6.75
year 6 6.00
(2) This subitem applies for property tax years beginning after 2001, or for earlier tax years as the General Assembly may provide by law."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 1(8), Article X of the Constitution of this State relating to assessment ratio on 'all other personal property', be
No [ ]
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'."
Having received the requisite two-thirds vote required under the Constitution, the Joint Resolution was ordered returned to the House of Representatives with amendments.
Columbia, S.C., June 3, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
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
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.
Columbia, S.C., June 3, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 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: A BILL 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.
Very respectfully,
Speaker of the House
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,
On motion of Senator COURTNEY, the Senate insisted upon its amendments to H. 3759 and asked for a Committee of Conference.
Whereupon, the PRESIDENT Pro Tempore appointed Senators McCONNELL, COURTNEY and FORD of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., June 3, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Cotty, Maddox and McGee of the Committee of Conference on the part of the House on:
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: A BILL TO AMEND TITLE 15, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON CIVIL
Received as information.
Columbia, S.C., June 3, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3146 (Word version) -- Reps. Cobb-Hunter and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-1-205 SO AS TO REQUIRE AN AGENCY RECEIVING FUNDS FROM THE DEPARTMENT OF SOCIAL SERVICES FOR THE TREATMENT OF PERPETRATORS OF DOMESTIC VIOLENCE TO COMPLY WITH PROGRAM STANDARDS CONTAINED IN THE DEPARTMENT'S ANNUAL BATTERED SPOUSE STATE PLAN.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 3617 (Word version) -- Reps. Witherspoon, Sharpe, Sandifer, Breeland, Miller, Riser, Rodgers, Campsen, Beck, Altman, Seithel, M. McLeod, Cobb-Hunter, Ott, Harrell, Inabinett, Whatley, Battle and McGee: A BILL TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE MARINE RESOURCES DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF MARINE RESOURCES, SO AS TO ENACT THE "SOUTH CAROLINA MARINE RESOURCES ACT OF 1999",
H. 3617 (Word version) -- Reps. Witherspoon, Sharpe, Sandifer, Breeland, Miller, Riser, Rodgers, Campsen, Beck, Altman, Seithel, M. McLeod, Cobb-Hunter, Ott, Harrell, Inabinett, Whatley, Battle and McGee: A BILL TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE MARINE RESOURCES DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF MARINE RESOURCES, SO AS TO ENACT THE "SOUTH CAROLINA MARINE RESOURCES ACT OF 1999", AND TO REVISE PROVISIONS REGULATING MARINE RESOURCES AND THE MANNER THAT MARINE LIFE MAY BE HARVESTED, DEFINITIONS, OFFENSES, JURISDICTION, LAW ENFORCEMENT AUTHORITY, PROGRAMS, SUSPENSION OF PRIVILEGES, PENALTIES, ZONES, AND BOARDING OF VESSELS; TO PROVIDE FOR MARINE LICENSES AND PERMITS; TO PROVIDE FOR THE USE OF FISHING EQUIPMENT; TO PROVIDE FOR AND REGULATE TRAWLING, THE TAKING OF SHELL FISH, SHRIMP, ANADROMOUS AND CATADROMOUS FINFISH, ESTUARINE AND SALTWATER FINFISH, RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT, MARICULTURE, AND TO PROVIDE MISCELLANEOUS PROVISIONS NECESSARY TO REGULATION AND MANAGEMENT OF MARINE RESOURCES, TO PROVIDE FOR A POINT SYSTEM FOR VIOLATIONS OF MARINE RESOURCES LAWS, TO PROVIDE FOR INTERJURISDICTIONAL FISHERY MANAGEMENT; TO AMEND SECTION 44-1-152, RELATING TO REVENUE FROM FINES AND FORFEITURES, SO AS TO FURTHER PROVIDE FOR THE DISPOSITION OF REVENUE FROM FINES AND FORFEITURES; TO ADD SECTION 50-1-295 SO AS TO PROHIBIT REMOVING OR DISTURBING SIGNS, BUOYS, OR OTHER DEVICES USED BY THE DEPARTMENT, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION
On motion of Senator PEELER, the Senate insisted upon its amendments to H. 3617 and asked for a Committee of Conference.
Whereupon, the PRESIDENT Pro Tempore appointed Senators PEELER, McGILL and RAVENEL of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., June 3, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Sharpe, Witherspoon and Gilham of the Committee of Conference on the part of the House on:
H. 3617 (Word version) -- Reps. Witherspoon, Sharpe, Sandifer, Breeland, Miller, Riser, Rodgers, Campsen, Beck, Altman, Seithel, M. McLeod, Cobb-Hunter, Ott, Harrell, Inabinett, Whatley, Battle and McGee: A BILL TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE MARINE RESOURCES DIVISION OF THE SOUTH CAROLINA
Received as information.
Columbia, S.C., June 3, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 3357 (Word version) -- Reps. Fleming, Wilder, Klauber and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-25-115 SO AS TO AUTHORIZE A JOINT MUNICIPAL WATER SYSTEM ORGANIZED FOR THE PURPOSE OF CREATING A FINANCING POOL TO ISSUE CONSTRUCTION NOTES; BY ADDING SECTION 6-25-129 SO AS TO EXEMPT FROM STATE TAXES THE INCOME OF A JOINT MUNICIPAL WATER SYSTEM; BY ADDING SECTION 6-25-131 SO AS TO PROVIDE THAT NO INCOME, PROFITS, OR ASSETS OF A JOINT SYSTEM MAY INURE TO THE BENEFIT OF ANY INDIVIDUAL OR PRIVATE ENTITY; TO AMEND SECTION 6-25-20, AS AMENDED, RELATING TO DEFINITIONS FOR JOINT MUNICIPAL WATER SYSTEMS, SO AS TO DEFINE "CONSTRUCTION NOTE OR NOTES", "FINANCING AGREEMENT", "FINANCING POOL", "GOVERNMENT", AND "INTERIM FINANCING"; TO AMEND SECTION 6-25-30, RELATING TO THE CREATION OF A JOINT SYSTEM, SO AS TO AUTHORIZE THE GOVERNING BODIES OF MUNICIPALITIES TO CREATE A JOINT SYSTEM FOR THE PURPOSE OF CREATING A FINANCING POOL, AND TO LIMIT THE PURPOSES FOR WHICH A JOINT SYSTEM MAY BE CREATED; TO AMEND SECTION 6-25-40, RELATING TO THE NOTICE OF THE INSTRUMENT CREATING A JOINT SYSTEM, SO AS TO EXEMPT A JOINT SYSTEM FROM THE NOTICE PROVISIONS IF IT IS FORMED FOR THE PURPOSE OF CREATING A FINANCING POOL; TO AMEND SECTION 6-25-50, RELATING
H. 3357 (Word version) -- Reps. Fleming, Wilder, Klauber and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-25-115 SO AS TO AUTHORIZE A JOINT MUNICIPAL WATER SYSTEM ORGANIZED FOR THE PURPOSE OF CREATING A FINANCING POOL TO ISSUE CONSTRUCTION NOTES; BY ADDING SECTION 6-25-129 SO AS TO EXEMPT FROM STATE TAXES THE INCOME OF A JOINT MUNICIPAL WATER SYSTEM; BY ADDING SECTION 6-25-131 SO AS TO PROVIDE THAT NO INCOME, PROFITS, OR ASSETS OF A JOINT SYSTEM MAY INURE TO THE BENEFIT OF ANY INDIVIDUAL OR PRIVATE ENTITY; TO AMEND SECTION 6-25-20, AS AMENDED, RELATING TO DEFINITIONS FOR JOINT MUNICIPAL WATER SYSTEMS, SO AS TO DEFINE "CONSTRUCTION NOTE OR NOTES", "FINANCING
On motion of Senator RANKIN, the Senate insisted upon its amendments to H. 3357 and asked for a Committee of Conference.
Whereupon, the PRESIDENT Pro Tempore appointed Senators PEELER, CORK and RANKIN of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., June 3, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Fleming, Harvin and Harrell of the Committee of Conference on the part of the House on:
H. 3357 (Word version) -- Reps. Fleming, Wilder, Klauber and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-25-115 SO AS TO AUTHORIZE A JOINT MUNICIPAL WATER SYSTEM ORGANIZED FOR THE PURPOSE OF CREATING A FINANCING POOL TO ISSUE CONSTRUCTION NOTES; BY ADDING SECTION 6-25-129 SO AS TO EXEMPT FROM STATE TAXES THE INCOME OF A JOINT MUNICIPAL WATER SYSTEM; BY ADDING SECTION 6-25-131 SO AS TO PROVIDE THAT NO INCOME, PROFITS, OR ASSETS OF A JOINT SYSTEM MAY INURE TO THE BENEFIT OF ANY INDIVIDUAL OR PRIVATE ENTITY; TO AMEND SECTION 6-25-20, AS AMENDED, RELATING TO DEFINITIONS FOR JOINT MUNICIPAL WATER SYSTEMS, SO AS TO DEFINE "CONSTRUCTION NOTE OR NOTES", "FINANCING AGREEMENT", "FINANCING POOL", "GOVERNMENT", AND "INTERIM FINANCING"; TO AMEND SECTION 6-25-30, RELATING TO THE CREATION OF A JOINT SYSTEM, SO AS TO AUTHORIZE THE GOVERNING BODIES OF MUNICIPALITIES TO CREATE A JOINT SYSTEM FOR THE PURPOSE OF CREATING A FINANCING POOL, AND TO LIMIT THE PURPOSES FOR WHICH A JOINT SYSTEM MAY BE CREATED; TO AMEND SECTION 6-25-40, RELATING TO THE NOTICE OF THE INSTRUMENT CREATING A JOINT SYSTEM, SO AS TO EXEMPT A JOINT SYSTEM FROM THE NOTICE PROVISIONS IF IT IS FORMED FOR THE PURPOSE OF CREATING A FINANCING POOL; TO AMEND SECTION 6-25-50, RELATING TO THE APPOINTMENT OF A MUNICIPAL REPRESENTATIVE TO THE JOINT SYSTEM, SO AS TO ADD TO THE REQUIREMENTS OF THE APPLICATION FILED WITH THE SECRETARY OF STATE THE PURPOSE FOR THE CREATION OF THE JOINT SYSTEM; TO AMEND SECTION 6-25-60, AS AMENDED, RELATING TO THE MANAGEMENT AND CONTROL OF THE JOINT SYSTEM, SO AS TO CLARIFY THAT EACH VOTING MEMBER OF A JOINT SYSTEM SHALL APPOINT A REPRESENTATIVE WHO MUST BE A
Received as information.
Columbia, S.C., June 3, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3477 (Word version) -- Reps. Neilson, Seithel, Sharpe, J. Brown, J. Smith, R. Smith, Rhoad, Lucas, Davenport, Lee, Mason, Altman, Keegan, Harrison, McCraw, Clyburn, J. Hines, Bales, Lourie, Lanford, Bauer and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-190 SO AS TO CREATE A MODEL LEGISLATURE ON AGING ISSUES TO BE ADMINISTERED BY THE SOUTH CAROLINA SILVER HAIRED LEGISLATURE, INC.; TO PROVIDE FOR THE PURPOSES OF THE LEGISLATURE; AND TO PROVIDE THAT MEMBERS MUST BE SELECTED BY THE SOUTH CAROLINA SILVER HAIRED LEGISLATURE IN COORDINATION WITH THE STATE'S NETWORK OF AGING PROGRAMS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 3641 (Word version) -- Reps. Harrison, Seithel, Altman, Wilkins and Edge: A BILL 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.
Very respectfully,
Speaker of the House
H. 3641 (Word version) -- Reps. Harrison, Seithel, Altman, Wilkins and Edge: A BILL 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.
On motion of Senator RANKIN, the Senate insisted upon its amendments to H. 3641 and asked for a Committee of Conference.
Whereupon, the PRESIDENT Pro Tempore appointed Senators McCONNELL, CORK and RANKIN of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., June 3, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. R. Smith, Edge and Quinn of the Committee of Conference on the part of the House on:
H. 3641 (Word version) -- Reps. Harrison, Seithel, Altman, Wilkins and Edge: A BILL 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.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 597 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTION 56-1-170, CODE OF LAWS OF SOUTH CAROLINA, 1976,
Very respectfully,
Speaker of the House
Received as information.
On motion of Senator DRUMMOND, with unanimous consent, the Report of the Committee of Conference on H. 3696, the General Appropriation Bill, was taken up for immediate consideration.
Senator DRUMMOND explained the report.
Senator SETZLER spoke on the report.
Senator McCONNELL spoke on the report.
Senator J. VERNE SMITH spoke on the report.
Senator DRUMMOND moved that the Report of the Committee of Conference on H. 3696 be adopted.
There was no objection.
, and a message was sent to the House accordingly.
The Report of the Committee of Conference on H. 3696 was adopted and will be printed in a subsequent Journal of the Senate. The budget conference committee recommendations table in Excel spread sheet can
BUDGET CONFERENCE COMMITTEE
REPORT TO THE SENATE
JUNE 3, 1999
Conference Committee Members:
Senator John Drummond, Chairman
Senator Nikki Setzler
Senator Glenn McConnell
Representative Henry Brown, Vice-Chairman
Representative Bobby Harrell
Representative Rita Allison
CONFERENCE COMMITTEE REPORT
ON FY99-2000 APPROPRIATIONS
SUMMARY OF H.3696 AND H.3697
* FY 1999-2000 General Fund BEA recurring revenue is estimated at $4.873 billion. This represents a 6% increase over the adjusted appropriations base for FY 1998-99.
* Total enhancements and other adjustments of $25 million.
* Non-recurring revenue: FY 1998-99 Capital Reserve Fund of $91.77 million; FY 1997-98 Cash Surplus of $81.78 million; supplemental carry forward of $343,200; FY 1998-99 Projected Surplus of $127.5 million; Excess Revenues from the Unemployment Compensation Fund of $11.6 million; and Debt Service Excess Appropriation for FY 1998-99 of $4.7 million.
* "New" Revenue available for FY 1999-2000: $606.6 million.
* $53.7 million for state employees pay raises - @ 3 % effective July 1, 1999 and 1 % merit.
* $5 million for State employee 401-K program - $25 per month for participating employees (permanent full-time, state employees who have been continuously so employed for 24 months, and who earn less than $20,000 annually); all other eligible, participating employees earn a match up to $25 per month.
* $20 million from general fund for Car Tax Relief; no local match required.
* $51.7 million in initiatives for public education, including $20 million for First Steps, the early childhood school readiness initiative and $17.2 million to reduce average class size statewide to 18:1 for grades 1-3.
* Increase in income tax exemption for senior citizens from $11,500 to $15,000, at a cost to the general fund of $5.7 million. (This provision existed in House and Senate versions).
*
Initiatives
* $20 million - First Steps to School Readiness Initiative
* $17.9 million - Teacher Salary Increase (100% of an avg. increase of $325 above the SE avg.).
* $3 million - Governor's Institute of Reading
* $1.7 million - Reading Recovery Program
* $1 million - Principals' Executive Institute
* $1 million - Laptop Computers for SAT Preparation
* $122,720 - Nationally Board Certified Teachers (salary increase).
* $7 million - School Safety Officers
*
* $61.3 million - Education Finance Act and Fringe Benefits 3.1% inflation increase base student cost of $1,937)
* $8.5 - Holdharmless Fringe Equity
* $25.2 million - Teacher Salaries and Fringe Benefits (3.7% salary increase bringing the average teacher salary to the southeast average of $35,869).
Education Accountability Act
* $17.2 million ($14.5 general fund and $2.7 EIA) - Class Size Reduction
* $10 million - Summer School and Remediation Programs (100% of a base student cost of $450)
* $6.0 - Alternative Schools
* $3.5 million - Assessment (EAA testing).
* $1 million - Professional Development (core course academic standards for teachers in grades 3-8).
* $4.5 million - Teacher and Principal Specialists on Site
- $25 million of this funding is contingent on the adoption of a supplemental appropriations bill.
Colleges and Universities
* $67 million - College and University Funding ($39 to replace FY 98-99 nonrecurring funds and an increase of $28 million to fund education and general expenses)
* $9.6 million - College and University Projects:
$ 772, 500 Citadel Coed Initiative
$ 60,000 Citadel Cannonaire Restoration
$ 1,000,000 Clemson University Films and Fibers Center
$ 1,117,000 Clemson University Municipal Services
$ 50,000 University of Charleston Youth Race Relations Initiative
$ 265,000 University of Charleston Avery Research Center
$ 547,022 Francis Marion Satellite Nursing Program
$ 500,000 Lander Academic Initiative
$ 500,000 SC State 1890 Leadership Institute/Match
$ 500,000 SC State Business School Accreditation (final year)
$ 1,000,000 SC State Health and Safety Compliance
$ 400,000 USC Law Library
$ 200,000 USC African-American Professors Program
$ 131,113 USC Baruch Institute
$ 191,398 USC Small Development Center
$ 195,000 USC Institute of Public Affairs - Civic Education
$ 1,000,000 USC-Salkehatchie Campus Facility Upgrade
$ 200,000 USC-Union Truluck Activities Center Renovation
$ 1,000,000 Winthrop Science Building Equipment
$ 12,000 AHEC Rural Physicians Program
$ 1,485 AHEC Nursing Recruitment Program
- $3.5 million of this funding is contingent on the adoption of a supplemental appropriations bill.
- $3.5 million of this funding is contingent on the adoption of a supplemental appropriations bill.
State Board for Technical and Comprehensive Education
* $6 million - Special Schools ($2 million to replace FY 98-99 nonrecurring funds)
* $335,000 - Technical College Programs:
$ 200,000 Upstate Alliance Match
$ 50,000 Motor Cycle Safety Education Program
$ 180,000 Chesterfield-Marlboro Tech Campus Loop Road
$ 2,000,000 Spartanburg Tech Student Services Building
$ 1,000,000 Tri-County Health Sciences Building
$ 800,000 Trident Tech Electro-Mechanical Lab Match
$ 3,000,000 Trident Tech Industrial/Economic Development Center
$ 75,000 Trident Tech Omega Project
- $11.1 million of this funding is contingent on the adoption of a supplemental appropriations bill.
Tuition Grants Commission
* $1.8 million - Tuition Grants Program ($500,000 to replace FY 98-99 nonrecurring funds)
* $10.3 for the following agencies:
ETV $ 794,867
Wil Lou Gray Opportunity School $ 243,500
School for the Deaf and Blind $ 3,633,755
Department of Archives and History $ 1,490,000
State Library (increase state aid to $1.92) $ 1,503,562
Arts Commission $1,209,093
State Museum $1,414,301
* $86 million for the Medicaid program: $60 million to maintain the current level of services and $26 million to expand services as follows: increase Partners for Healthy Children program to add coverage for 12,454 more children up to 165% of poverty; increase participation by dentists in the Medicaid dental program, with emphasis on special needs children, by moving to the 75th percentile reimbursement schedule in October 1999; add 100 new Medicaid nursing home beds, to be allocated first to the counties with the fewest number of Medicaid beds per thousand population age 65 or older; provide a wage and fringe benefit increase for the personal care aides who work in the Medicaid community long term care program, with the average wage increasing from $6.44 to $8.08 per hour; and pool additional funds of $10 million from the State general fund and $8 million from the state's hospitals to match $41.4 million in federal funds, for a total of $59.4 million to offset the net reduction of disproportionate share funds.
* $7.4 million for the Dept. of Disabilities and Special Needs to provide residential placements for 375 severely disabled persons in crisis situations and to provide in-home support services to 800 persons with severe disabilities.
* $9 million to DHEC for water quality improvement, beach restoration, preventive services for the elderly, public health district refurbishing, sickle cell program increases, and special pay increases for targeted positions.
* $13.4 million to the Dept. of Mental Health for the sexual predator evaluation and treatment program, treatment services for DJJ clients, crisis stabilization for regular clients
* $684,200 thousand to the Judicial Department to increase the salaries of Supreme Court judges by 3%, to continue Alternative Dispute Resolution programs, to enhance information technology, and to increase funding for court interpreters.
* $284,632 to the Attorney General's Office to fund a new Sexually Violent Predator Prosecution Unit and to continue funding for the Violence Against Women program.
* $1.211 million to the Prosecution Coordination Commission for expansion of support to judicial circuits, continuation of Drug Courts, and general administrative expenses.
* $2.940 million to the Commission on Indigent Defense for an increase in the per capita funding of local defender corporations and the existing Conflict Fund, and to create a new Civil Appointments fund and a new Appellate Conflict Fund.
* $15.733 million to the Department of Corrections to annualize funding for a new prison opened in 1999, to increase funding for medical services, to purchase additional inmate supplies, for expanded institutional maintenance, for transportation and communication equipment, and to provide a 5% salary increase to correctional officers effective January 1, 2000. This 5% salary increase is in addition to any other increase provided to all state employees.
* $758,000 to the Department of Agriculture for lab services renovations ($38,000), SC Consumer Quality Awareness program ($20,000), Coker Experimental Seed Farm Preservation project ($350,000), Lexington Livestock Arena ($250,000), and the Anderson County Farmers' Market relocation ($100,000).
/s/ Senator John Drummond /s/ Representative Henry Brown /s/ Senator Nikki Setzler /s/ Representative Bobby Harrell /s/ Senator Glenn McConnell /s/ Representative Rita Allison On Part of the Senate On Part of the House.
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.
On motion of Senator SETZLER, with unanimous consent, the Joint Resolution was taken up for immediate consideration.
Senator SETZLER asked unanimous consent to make a motion that it be the Sense of the Senate that no amendments be accepted to H. 3698 except for the amendment to be offered by the Conferees on H. 3696 when the Senate reconvenes in Statewide Session on Tuesday, June 22, 1999.
There was no objection.
We had prepared an amendment that was on the Senate Desk for consideration today that would have maintained the current hunting seasons for raccoons in each game zone. This would insure that the current season would not be shortened. Our amendment would have also increased the running season for raccoons. However, the bill was objected to and placed on the contested calendar. Our amendment was therefore not taken up. We have agreed to support an increased running season so long as the hunting season is not shortened. We hope that before the next session a consensus can be reached that will accomplish this goal.
On motion of Senator MESCHER, with unanimous consent, the local appointments from Berkeley County, if received from the Governor after adjournment today, would be confirmed on the day of receipt and printed in the Journal if all necessary Senate requirements had been met.
Having received a favorable report from the Lexington County Delegation, the following appointments were confirmed in open session:
Reappointment, Lexington County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Llewellyn H. Hames, 672 Old Friars Road, Columbia, S.C. 29210
Reappointment, Lexington County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Thomas H. Rawl, III, 304 South Lake Drive, Lexington, S.C. 29072
Reappointment, Lexington County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Bruce Rutland, 650 Knox Abbott Drive, Cayce, S.C. 29033
Reappointment, Lexington County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
George Marion Shealy, Post Office Box 2253, Batesburg-Leesville, S.C. 29070
Reappointment, Lexington County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Scott D. Whittle, 4601 Fish Hatchery Road, Gaston, S.C. 29053
Having received a favorable report from the Senate Delegation representing the Savannah River Site Redevelopment Authority, the following appointments were confirmed in open session:
Initial Appointment, Savannah River Site Redevelopment Authority, with term to expire October 21, 2000:
Robert O. Cooper, 2204 Willis Pond Road, Williston, S.C. 29853
Initial Appointment, Savannah River Site Redevelopment Authority, with term to expire October 21, 2002:
Thomas L. Hallman, Ph.D., 803 Laurel Drive, Aiken, S.C. 29801
Having received a favorable report from the Greenwood County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Greenwood County Probate Judge, with term to commence June 1, 1999, and to expire January 10, 2000:
Frank R. Addy, 526 Grace St., Greenwood, S.C. 29649
Pursuant to the provisions of H. 4237, the Sine Die Resolution, when the Senate adjourns today, it will stand adjourned to meet at 11:00 A.M. on Friday, June 4, 1999, for local and uncontested matters and those matters contained in H. 4237; and, further, when the Senate adjourns on Friday, June 4, 1999, it will stand adjourned to meet Monday, June 7, 1999, at 11:00 A.M. for local and uncontested matters and those matters contained in H. 4237.
At 5:00 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of H. 4237, the Sine Die Resolution, for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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