Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rep. COLEMAN as follows:
Another week, another opportunity to serve! We are grateful, Lord, that the same God Who blessed us last week and all the days of our lives is here to be our Guide and Companion. Give us faith to believe, knowing that faith is the eye to see God, the hand to cling to Him and a receiving will to apply Him in all that we do. So, with our hands in Yours, cause us to move forward confident in the knowledge that life is not a problem to be solved, but a gift to be enjoyed. Inspire us to do all that we can and trust God to do what we cannot. And to You, O Lord, we give our praise and thanksgiving. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. MARTIN moved that when the House adjourns, it adjourn in memory of Mary M. Hughes, which was agreed to.
The House stood in silent prayer for Representative Denny Neilson for her continued recovery from an automobile accident.
The following were received and referred to the appropriate committees for consideration:
Document No. 2566
Agency: Board of Education
Statutory Authority: 1976 Code Sections 59-5-60 (1, 3 and 6), 59-30-1(F) (1990), and 59-39-100
Graduation Requirements
Received by Speaker of the House of Representatives
April 19, 2001
Referred to Education and Public Works Committee
Legislative Review Expiration August 7, 2001 (Subject to Sine Die Revision)
Document No. 2616
Agency: Department of Health and Environmental Control
Statutory Authority: 48-1-10 et seq. and 44-55-10 et seq.
Well Standards
Received by Speaker of the House of Representatives
April 20, 2001
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration August 8, 2001 (Subject to Sine Die Revision)
Document No. 2572
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 48-1-10 et seq.
Water Classifications and Standards
Received by Speaker of the House of Representatives
January 16, 2001
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 16, 2001
20010420 Withdrawn and Resubmitted
On motion of Rep. OTT, with unanimous consent, the following was taken up for immediate consideration:
H. 3986 (Word version) -- Rep. Ott: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CALHOUN COUNTY HIGH SCHOOL "SAINTS" BOYS BASKETBALL TEAM, COACHES, AND OTHER SCHOOL OFFICIALS ON THURSDAY, APRIL 26, 2001, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON CAPTURING THE 2000-2001 CLASS AA STATE BASKETBALL CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the Calhoun County High School "Saints" Boys Basketball Team, coaches, and other school officials on Thursday, April 26, 2001, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on capturing the 2000-2001 Class AA State Basketball Championship.
The Resolution was adopted.
The following was introduced:
H. 3987 (Word version) -- Reps. J. H. Neal, Allen, Breeland, J. Brown, R. Brown, Clyburn, Cobb-Hunter, Gourdine, Govan, J. Hines, M. Hines, Hosey, Howard, Kennedy, Lee, Lloyd, Mack, Moody-Lawrence, Parks, Rutherford, Scott, F. N. Smith, Weeks and Whipper: A CONCURRENT RESOLUTION EXTENDING THE WARMEST WELCOME OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE LEGISLATIVE DELEGATION FROM KATSINA STATE IN NIGERIA, AND OFFERING THEM THE GIFT OF OUR FRIENDSHIP AND THE BENEFIT OF OUR EXPERIENCE AS THEY OBSERVE AND LEARN FROM OUR LEGISLATIVE PROCESS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3988 (Word version) -- Rep. J. R. Smith: A HOUSE RESOLUTION TO RECOGNIZE THE MANY ACCOMPLISHMENTS AND DEDICATION OF MAYOR HECTOR RODRIQUEZ TO THE TOWN OF BURNETTOWN IN AIKEN COUNTY AND TO WISH HIM WELL IN THE FUTURE.
The Resolution was adopted.
The following was introduced:
H. 3989 (Word version) -- Rep. Ott: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE CALHOUN COUNTY HIGH SCHOOL "SAINTS" BOYS BASKETBALL TEAM AND COACHES FOR AN EXCEPTIONAL SEASON AND ON CAPTURING THE 2000-2001 CLASS AA STATE BASKETBALL CHAMPIONSHIP AND WISH THEM CONTINUED SUCCESS IN THE FUTURE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
S. 562 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON THURSDAY, JUNE 14, 2001, AND FRIDAY, JUNE 15, 2001.
Be it resolved by the Senate, the House of Representatives concurring:
That Palmetto Girls State is authorized to use the chambers of the House of Representatives and the Senate on Thursday, June 14, 2001, from 9:00 a.m. to 12:00 noon and on Friday, June 15, 2001, from 1:00 p.m. to 4:00 p.m. for its annual legislative activity. If either House is in Statewide Session, the chamber of that House may not be used.
Be it further resolved that the State House security forces shall provide assistance and access as necessary for this meeting in accordance with previous procedures.
Be it further resolved that no charges may be made for the use of the House and Senate chambers by Palmetto Girls State on these dates.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was taken up for immediate consideration:
S. 582 (Word version) -- Senators Alexander, Courson and Drummond: A CONCURRENT RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE AND SENATE CHAMBERS ON THURSDAY, NOVEMBER 1, AND FRIDAY, NOVEMBER 2, 2001, AND THE USE OF AVAILABLE MEETING SPACE IN THE BLATT OFFICE BUILDING ON WEDNESDAY, OCTOBER 31, 2001, FOR THE ORGANIZATION'S ANNUAL MEETING, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERKS OF THE RESPECTIVE BODIES.
Whereas, the South Carolina Student Legislature encourages the youth of our State to develop enthusiasm and appreciation for governmental and community issues; and
Whereas, the South Carolina Student Legislature has produced many of the great leaders throughout our State and nation. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the South Carolina Student Legislature is allowed the use of the House and Senate Chambers on November 1 through November 2 and the Blatt Office Building on October 31, 2001, during normal business hours (8:30 a.m. to 5:00 p.m.). If the General Assembly is in Statewide Session on any of these days, the Senate and House chambers and the Blatt Building may not be used.
Be it further resolved that the South Carolina Student Legislature shall be granted access to and use of the respective chambers in accordance with such guidelines and requirements as the clerks of the House and Senate shall direct.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Student Legislature.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was taken up for immediate consideration:
S. 600 (Word version) -- Senator Bauer: A CONCURRENT RESOLUTION TO CELEBRATE APRIL 22, 2001, AS EARTH DAY, TO RECOGNIZE THE IRREPLACEABLE VALUE OF OUR ENVIRONMENT AND OUR NATURAL RESOURCES, TO RECOGNIZE FORT JACKSON FOR ITS EFFORTS TO PRESERVE, PROTECT, AND ENHANCE THE ENVIRONMENT, AND TO SERVE AS A CALL TO ALL SOUTH CAROLINIANS TO BE RESPONSIBLE STEWARDS OF OUR ENVIRONMENT.
Whereas, Earth Day is an international event demonstrating concern and mobilizing support for the environment and promoting environmental responsibility; and
Whereas, Earth Day was first celebrated on April 22, 1970, and rallied more than twenty million Americans to become involved in environmental teachings; and
Whereas, this event is the largest grassroots movement in United States history and has continued to be celebrated annually to heighten the awareness of the mutual responsibility that all individuals worldwide have to act as trustees of the environment; and
Whereas, celebrating Earth Day is an occasion for all South Carolinians to be reminded of the inestimable value that our environment and natural resources provide to each of us on a daily basis and provides an opportunity to recognize their role in being good stewards of the environment; and
Whereas, Fort Jackson has been recognized by the Secretary of Defense and Secretary of the Army for excellence in environmental stewardship and natural resource conservation; and
Whereas, the Fort Jackson community has established an outstanding series of Earth Day 2001 activities designed to educate, entertain, and inspire support for environmental stewardship. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the South Carolina General Assembly, by this resolution, celebrate April 22, 2001, as Earth Day to recognize the irreplaceable value of our environment and our natural resources, to recognize Fort Jackson for its efforts to preserve, protect, and enhance the environment, and to serve as a call to all South Carolinians to be responsible stewards of our environment.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 3990 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO CONGRATULATE MELISSA HOLDER OF HARTSVILLE UPON HER RECEIPT OF THE GOLD AWARD, THE HIGHEST AWARD THAT A GIRL CAN ACHIEVE IN GIRL SCOUTING.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3991 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO CONGRATULATE CHERYL MIHALOVITS OF HARTSVILLE UPON HER RECEIPT OF THE GOLD AWARD, THE HIGHEST AWARD THAT A GIRL CAN ACHIEVE IN GIRL SCOUTING.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3992 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO CONGRATULATE KIMBERLY MOON OF HARTSVILLE UPON HER RECEIPT OF THE GOLD AWARD, THE HIGHEST AWARD THAT A GIRL CAN ACHIEVE IN GIRL SCOUTING.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3993 (Word version) -- Reps. Wilkins, Harrell, J. R. Smith and Kelley: A BILL TO AMEND SECTION 4-12-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF CERTAIN INDUCEMENT LEASE AGREEMENTS IN CONNECTION WITH PROPERTY QUALIFYING FOR A FEE IN LIEU OF PROPERTY TAXES, SO AS TO PROVIDE GUIDELINES FOR THE QUALIFICATION OF A SPONSOR AND SPONSOR AFFILIATE FOR THE FOUR PERCENT FEE AND TO PROVIDE FOR THE TIME PERIODS FOR EXECUTION OF THE MILLAGE RATE AGREEMENT AND FOR COMPUTATION OF THE APPLICABLE CUMULATIVE PROPERTY TAX MILLAGE, AND TO PROVIDE FOR ALTERNATIVE DETERMINATION OF THE MILLAGE RATE; TO AMEND SECTION 4-29-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF INDUSTRIAL DEVELOPMENT PROJECTS REQUIRING A FEE IN LIEU OF PROPERTY TAXES, SO AS TO DEFINE CERTAIN TYPES OF INVESTORS; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO INDUSTRIAL DEVELOPMENT PROJECTS REQUIRING A FEE IN LIEU OF PROPERTY TAXES, SO AS TO PROVIDE FOR INVESTORS AND INVESTOR AFFILIATES, TO PROVIDE GUIDELINES FOR THEIR QUALIFICATION FOR THE FOUR PERCENT FEE, TO PROVIDE FOR TIME PERIODS FOR EXECUTING THE MILLAGE RATE AGREEMENT AND FOR COMPUTATION OF THE APPLICABLE CUMULATIVE PROPERTY TAX MILLAGE, TO PROVIDE FOR ALTERNATIVE DETERMINATION OF THE MILLAGE RATE, AND TO MAKE NUMEROUS TECHNICAL CHANGES; AND TO AMEND SECTION 12-44-50, RELATING TO THE ESTABLISHMENT OF THE MILLAGE RATE FOR PURPOSES OF DETERMINING THE FEE PURSUANT TO THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO PROVIDE FOR GUIDELINES FOR INVESTORS AND INVESTOR AFFILIATES AND THEIR QUALIFICATION FOR THE FOUR PERCENT FEE, TO PROVIDE FOR TIME PERIODS FOR EXECUTING THE MILLAGE RATE AGREEMENT AND FOR COMPUTATION OF THE APPLICABLE CUMULATIVE PROPERTY TAX MILLAGE, TO PROVIDE FOR ALTERNATIVE DETERMINATION OF THE MILLAGE RATE, AND TO MAKE NUMEROUS TECHNICAL CHANGES.
Referred to Committee on Ways and Means
H. 3994 (Word version) -- Reps. Knotts, Allison and Walker: A BILL TO REPEAL SECTION 12-28-2910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL DEDICATION OF EIGHTEEN MILLION DOLLARS IN GASOLINE AND MOTOR FUEL REVENUES TO THE ECONOMIC DEVELOPMENT ACCOUNT FOR GASOLINE AND MOTOR FUEL TAXES PAID AFTER JUNE 30, 2001.
Referred to Committee on Ways and Means
H. 3995 (Word version) -- Rep. Harrison: A BILL TO ENACT THE "SOUTH CAROLINA PRIVATE PROPERTY RIGHTS PROTECTION ACT" INCLUDING PROVISIONS TO AMEND SECTION 1-23-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO REVISE THE DEFINITIONS FOR "AGENCY" AND "CONTESTED CASE" TO INCLUDE PROCEEDINGS BROUGHT PURSUANT TO THE PRIVATE PROPERTY RIGHTS PROTECTION ACT; TO AMEND SECTION 1-23-570, AS AMENDED, RELATING TO THE RESPONSIBILITY OF THE CHIEF ADMINISTRATIVE LAW JUDGE FOR THE ADMINISTRATION OF THE DIVISION, SO AS TO PROVIDE THAT WHEN MAKING ASSIGNMENTS, THE CHIEF JUDGE MUST ASSIGN ONE JUDGE OF THE DIVISION TO HEAR CASES IN WHICH A PETITIONER SEEKS A VARIANCE FROM A STATE LAW OR REGULATION DIRECTLY AFFECTING THE USE OF LAND; TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO THE JURISDICTION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO ADD JURISDICTION TO HEAR PROCEEDINGS BROUGHT PURSUANT TO THE PRIVATE PROPERTY RIGHTS PROTECTION ACT; AND TO AMEND TITLE 28 BY ADDING CHAPTER 4 SO AS TO PROVIDE THE "SOUTH CAROLINA PRIVATE PROPERTY RIGHTS PROTECTION ACT" WHICH PROVIDES RELIEF FOR A PROPERTY OWNER WHEN A SPECIFIC ACTION OF A GOVERNMENTAL ENTITY HAS THE EFFECT OF AN UNCONSTITUTIONAL TAKING OF REAL PROPERTY OR HAS RESULTED IN AN UNNECESSARY HARDSHIP ON THE USE OF REAL PROPERTY, AND TO PROVIDE PROCEDURES FOR THESE PROCEEDINGS.
Referred to Committee on Judiciary
H. 3996 (Word version) -- Reps. Edge, Harrison and Jennings: A BILL TO AMEND CHAPTER 37, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL IMPROVEMENTS, BY ADDING SECTION 5-37-46 SO AS TO PROVIDE THAT THE PROVISIONS OF SECTION 5-37-45 DO NOT APPLY TO ANY AREA PROPOSED FOR INCLUSION WITHIN AN IMPROVEMENT DISTRICT WHICH, WITHIN THREE YEARS PRIOR TO THE DATE OF THE ADOPTION OF THE RESOLUTION REQUIRED BY SECTION 5-37-50, IS SUBJECT TO A DEVELOPMENT AGREEMENT PURSUANT TO THE SOUTH CAROLINA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT.
Referred to Committee on Judiciary
S. 67 (Word version) -- Senators Mescher and Branton: A BILL TO AMEND SECTION 7-7-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO ESTABLISH NEW PRECINCTS AND RENAME CERTAIN EXISTING PRECINCTS.
Referred to Committee on Judiciary
S. 556 (Word version) -- Senators O'Dell, Glover, Bauer, Ford, Short, Peeler, Holland, McGill, Waldrep, Passailaigue, Elliott, Moore, Setzler, Reese, Land, Patterson, Rankin, Pinckney, Hutto, Drummond, Alexander, Ritchie, Martin, Branton, Mescher, Thomas, Ravenel, Hayes and Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-706 SO AS TO DESIGNATE CAMDEN MILITARY ACADEMY AS THE OFFICIAL STATE MILITARY ACADEMY.
On motion of Rep. CARNELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 579 (Word version) -- Senator Elliott: A BILL TO PROVIDE FOR PAYMENT OF AN ADDITIONAL ANNUAL PER DIEM FOR THE CHAIRMAN OF THE DILLON COUNTY TRANSPORTATION COMMITTEE.
Referred to Dillon Delegation
S. 585 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, RELATING TO CRIMINAL JUSTICE INFORMATION SYSTEM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2533, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Judiciary
S. 593 (Word version) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED BY STUDENTS OF ORCHARD PARK ELEMENTARY SCHOOL OF THE SCHOOL DISTRICT OF OCONEE COUNTY ON APRIL 9, 2001, BECAUSE OF A BROKEN WATER LINE AND WORK RELATED THERETO ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN PROVIDING THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. SANDIFER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Govan Hamilton Harrell Harrison Haskins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.M. Ott Owens Parks Perry Phillips Quinn Rhoad Rice Riser Rivers Robinson Rodgers Rutherford Sandifer Scarborough Scott Sharpe Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Weeks Whatley Whipper White Wilder Wilkins Witherspoon Young, A. Young, J.
I came in after the roll call and was present for the Session on Tuesday, April 24.
Bessie Moody-Lawrence Harry Askins Alex Harvin Joseph Neal
LEAVE OF ABSENCE
The SPEAKER granted Rep. NEILSON a leave of absence for the week due to a car accident.
Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, April 19.
Announcement was made that Dr. Thomas L. Stoughton of Florence is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3695 (Word version)
Date: ADD:
04/24/01 MEACHAM-RICHARDSON
Bill Number: H. 3916 (Word version)
Date: ADD:
04/24/01 TALLEY
Bill Number: H. 3755 (Word version)
Date: ADD:
04/24/01 SIMRILL
Bill Number: H. 3116 (Word version)
Date: ADD:
04/24/01 KNOTTS
Bill Number: H. 3718 (Word version)
Date: ADD:
04/24/01 MCLEOD
Bill Number: H. 3719 (Word version)
Date: ADD:
04/24/01 SNOW
Bill Number: H. 3693 (Word version)
Date: ADD:
04/24/01 KLAUBER
Bill Number: H. 3093 (Word version)
Date: ADD:
04/24/01 ROBINSON
Bill Number: H. 3693 (Word version)
Date: ADD:
04/24/01 OWENS
Bill Number: H. 3968 (Word version)
Date: REMOVE:
04/24/01 D. C. SMITH
Bill Number: H. 3968 (Word version)
Date: REMOVE:
04/24/01 J. R. SMITH
Bill Number: H. 3968 (Word version)
Date: REMOVE:
04/24/01 SHARPE
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3976 (Word version) -- Reps. Coates, J. Hines, Askins and McGee: A BILL TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION FOR FLORENCE COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR FLORENCE COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, PROVIDE FOR THE COMPENSATION OF MEMBERS OF THE COMMISSION, THE ORGANIZATION OF THE COMMISSION, AND PROVIDE THAT THE CURRENT MEMBERS OF THE FLORENCE COUNTY ELECTION COMMISSION AND THE FLORENCE COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW FLORENCE COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE, PROVIDE FOR REMOVAL OF COMMISSIONS UNDER CERTAIN CONDITIONS, AND TO DIRECT THE CODE COMMISSIONER TO MAKE CORRECTIONS TO CERTAIN REFERENCES IN THE CUMULATIVE SUPPLEMENT TO THE CODE OF LAWS OF SOUTH CAROLINA, 1976.
H. 3838 (Word version) -- Reps. Witherspoon, Sharpe, Allison, Barfield, Barrett, Battle, Cato, Coates, Dantzler, Davenport, Edge, Emory, Hayes, Jennings, Kennedy, Koon, Littlejohn, Lourie, McCraw, McGee, Miller, Moody-Lawrence, J. M. Neal, Rhoad, Riser, Rivers, Robinson, Sandifer, Sinclair, G. M. Smith, J. E. Smith, J. R. Smith, Snow, Stille, Stuart, Trotter, Webb and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-75 SO AS TO MAKE IT UNLAWFUL TO DAMAGE OR DESTROY RESEARCH FARM PRODUCTS, TO DEFINE RESEARCH FARM PRODUCTS FOR THIS PURPOSE, TO PERMIT THE COURT TO ORDER RESTITUTION FOR THE DAMAGE OR DESTRUCTION OF RESEARCH FARM PRODUCTS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Rep. RHOAD explained the Bill.
H. 3818 (Word version) -- Reps. Campsen, Wilkins, Kelley, G. M. Smith, J. Young, Easterday, Bingham, Cato, Delleney, Fleming, Hamilton, Kirsh, Littlejohn, Loftis, Perry, Rice, Robinson, Scarborough, Simrill, D. C. Smith, J. R. Smith, Stille, Talley, Tripp, White, Altman, Barrett, Gilham, Rodgers and Sheheen: A BILL TO ENACT THE "SOUTH CAROLINA GENERAL OBLIGATION BOND FISCAL RESPONSIBILITY ACT" BY AMENDING SECTION 2-7-105, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON AUTHORIZATION OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO ALLOW THE AUTHORIZATION OF SUCH BONDS ONLY IN A BILL OR JOINT RESOLUTION ENACTED IN AN ODD-NUMBERED YEAR, TO EXTEND ALL LIMITATIONS OF THIS SECTION TO GENERAL OBLIGATION BONDS OF THE STATE, HOWEVER DESCRIBED, SUBJECT TO THE CONSTITUTIONAL LIMIT ON DEBT SERVICE MEASURED AS A PERCENTAGE OF GENERAL FUND REVENUES, TO REQUIRE THE ENACTMENT OF A SEPARATE JOINT RESOLUTION PRECEDING THE AUTHORIZATION OF BONDS THAT SPECIFICALLY ALLOWS THE CONSIDERATION OF A BOND BILL, TO PROVIDE THAT A BILL OR JOINT RESOLUTION ALLOWING SUCH BONDS MAY NOT BE GIVEN THIRD READING IN THE HOUSE OF REPRESENTATIVES OR SENATE OR REPORTED FROM A COMMITTEE OF CONFERENCE OR FREE CONFERENCE UNLESS IT IS ACCOMPANIED BY THE CERTIFICATE OF THE STATE TREASURER THAT DEBT SERVICE ON ALL GENERAL OBLIGATION BONDS OUTSTANDING WHEN ADDED TO ESTIMATED DEBT SERVICE ON AUTHORIZED BUT UNISSUED BONDS AND THE BONDS AUTHORIZED IN THE BILL OR JOINT RESOLUTION DOES NOT EXCEED THE THEN CURRENT CONSTITUTIONAL DEBT SERVICE LIMIT, AND TO DEFINE GENERAL OBLIGATION BOND.
Rep. CAMPSEN explained the Bill.
H. 3663 (Word version) -- Reps. Wilkins and Bowers: A BILL TO AMEND SECTION 12-16-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA ESTATE TAX ACT, SO AS TO PROVIDE FOR THE ORDER IN WHICH FEDERAL ESTATE TAX CREDITS ARE APPLIED FOR PURPOSES OF DETERMINING A STATE ESTATE TAX LIABILITY.
Rep. VAUGHN explained the Bill.
H. 3900 (Word version) -- Reps. Vaughn, Kirsh, J. R. Smith, Koon, Dantzler, Davenport, Edge, Harvin, Keegan, Rivers and Bowers: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE SALES AND USE TAX, SO AS TO INCLUDE AN EXEMPTION FOR MEALS OR FOODSTUFFS THAT ARE PREPARED OR PACKAGED THAT ARE SOLD TO PUBLIC OR NONPROFIT ORGANIZATIONS FOR CONGREGATE OR IN-HOME SERVICE TO THE HOMELESS OR NEEDY OR DISABLED ADULTS OVER EIGHTEEN YEARS OF AGE OR INDIVIDUALS OVER THE AGE OF SIXTY AND TO APPLY THIS EXEMPTION ONLY TO MEALS AND FOODSTUFFS ELIGIBLE FOR PURCHASE UNDER THE FEDERAL FOOD STAMP PROGRAM.
Rep. VAUGHN explained the Bill.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 3565 (Word version) -- Rep. Ott: A BILL TO AMEND SECTION 56-5-6530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE MANDATORY USE OF SAFETY BELTS IN MOTOR VEHICLES, SO AS TO INCLUDE NEWSPAPER CARRIERS AMONG THOSE NOT REQUIRED TO USE SAFETY BELTS.
The following Bill was taken up:
H. 3093 (Word version) -- Reps. Campsen, Harrison, Altman, Simrill, Owens and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-115 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP A DATA BASE IN WHICH A PARENT, LEGAL GUARDIAN, OR ONE ACTING EN LOCO PARENTIS CAN REGISTER WITH THE DEPARTMENT PROHIBITING THE DEPARTMENT OR ANOTHER AGENCY OR DEPARTMENT OF THE STATE FROM PROVIDING CONDOMS OR OTHER CONTRACEPTIVES TO THEIR CHILDREN AND TO REQUIRE THE DEPARTMENT TO PUBLISH AND DISTRIBUTE INFORMATION CONCERNING THIS REGISTRATION; AND BY ADDING SECTION 44-1-117 SO AS TO PROHIBIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, ANOTHER STATE AGENCY OR DEPARTMENT, OR A PERSON ACTING ON THEIR BEHALF, FROM DISTRIBUTING CONDOMS OR OTHER TYPES OF CONTRACEPTIVES TO A PERSON UNDER SIXTEEN YEARS OF AGE IF THE PARENT, LEGAL GUARDIAN, OR ONE ACTING EN LOCO PARENTIS HAS REGISTERED WITH THE DEPARTMENT PROHIBITING SUCH DISTRIBUTION TO THEIR CHILD.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11491AC01):
Amend the bill, as and if amended, by adding an appropriately numbered Section to read:
/SECTION ___. This act may be cited as the 'South Carolina Parental Reproductive Rights Act'. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. EASTERDAY explained the amendment.
Reps. J. E. SMITH, MACK, J. BROWN, EASTERDAY, CAMPSEN, SCARBOROUGH, ALTMAN, EMORY, J. HINES, TRIPP, PERRY, DAVENPORT, LEACH, MILLER, JENNINGS, COBB-HUNTER, GOVAN, LOURIE, SCOTT, LLOYD, BREELAND and GOURDINE requested debate on the Bill.
The following Bill was taken up:
H. 3800 (Word version) -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2527 SO AS TO REQUIRE A WRECKER OR VEHICLE TOWING SERVICE AS A CONDITION OF REMAINING ON A LAW ENFORCEMENT AGENCY CALL ROTATION LIST TO ACCEPT FULL PAYMENT BY MEANS OF A VALID CREDIT CARD ISSUED BY THE TWO LARGEST NATIONALLY FRANCHISED CREDIT CARD COMPANIES AND TO PROVIDE FOR THE ENFORCEMENT OF THIS REQUIREMENT.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\ 10186HTC01):
Amend the bill, as and if amended, in Section 56-5-2527 as contained in SECTION 1, page 1, line 38, after /list/ by inserting / for a period of thirty days or until the wrecker or towing service is in compliance, whichever is later / and by striking, beginning on line 38 /A wrecker or towing service, once removed from a rotation list for noncompliance with this section, must be reinstated upon compliance, if it is otherwise eligible./ so that when amended Section 56-5-2527 reads:
/ Section 56-5-2527. In addition to all other requirements of law and regulations applicable to a wrecker or vehicle towing service, for such a service to be included on a call rotation list maintained by the South Carolina Highway Patrol or any other law enforcement agency, the wrecker or towing service must accept full payment in the form of a valid credit card issued by the two largest nationally franchised credit card companies. Nothing in this section may be construed to prohibit a wrecker or towing service from accepting payment by means of credit cards issued by other credit card companies. A wrecker or towing service failing to comply with this section must be removed from the rotation list by the law enforcement agency maintaining the list for a period of thirty days or until the wrecker or towing service is in compliance, whichever is later. /
Amend title to conform.
Rep. LAW explained the amendment.
Reps. SCOTT, HOWARD, HARRELL, A. YOUNG, CATO, LAW, CLYBURN, KNOTTS, SCARBOROUGH, HINSON, WHATLEY, SHARPE, PERRY, LOFTIS, DAVENPORT, J. E. SMITH and HOSEY requested debate on the Bill.
The following Bill was taken up:
S. 297 (Word version) -- Senators Moore, Drummond, McConnell, Reese, Land, Richardson, Waldrep, Leventis, Passailaigue, Giese, McGill, O'Dell, Alexander, Hayes, Ravenel, Martin, Ryberg, Rankin, Jackson, Glover, Patterson, Hutto, Matthews, Pinckney, Setzler, Holland, Short and Ritchie: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 59 ENACTING THE "SOUTH CAROLINA CONSERVATION BANK ACT" SO AS TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK FOR THE PURPOSE OF MAKING GRANTS AND LOANS TO PUBLIC OR PRIVATE ENTITIES TO ACQUIRE INTERESTS IN REAL PROPERTY WORTHY OF CONSERVATION, TO PROVIDE FOR THE GOVERNANCE OF THE BANK, TO PROVIDE THOSE ENTITIES ELIGIBLE TO RECEIVE BANK GRANTS, TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND TO RECEIVE BANK REVENUES, AND TO PROVIDE THE CRITERIA WHICH THE BANK MUST USE IN JUDGING APPLICATIONS FOR GRANTS; TO ESTABLISH THE "CONSERVE SOUTH CAROLINA" MOTOR VEHICLE LICENSE PLATE AND PROVIDE THAT THE REVENUE OF THE EXTRA FEE FOR THIS PLATE MUST BE CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT; TO PROVIDE THAT REVENUES OF THE STATE PORTION OF THE DEED RECORDING FEE CREDITED TO THE GENERAL FUND OF THE STATE IS INSTEAD CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT AND PHASE IN THESE REVENUES OVER TWO FISCAL YEARS; TO EXEMPT FROM THE REQUIREMENT THAT PUBLIC ENTITIES CONVEYING A CONSERVATION EASEMENT HAVE THAT CONVEYANCE APPROVED BY THE ADVISORY BOARD OF THE HERITAGE TRUST PROGRAM CERTAIN EASEMENTS CONVEYED BY COUNTIES AND MUNICIPALITIES THAT INVOLVE GRANTS OR LOANS BY THE SOUTH CAROLINA CONSERVATION BANK; TO REPEAL CHAPTER 59, TITLE 48, ADDED BY THIS ACT AND THE REMAINING PROVISIONS OF THIS ACT JULY 1, 2012, UNLESS THESE PROVISIONS ARE REENACTED OR OTHERWISE EXTENDED BY THE GENERAL ASSEMBLY; AND TO PROVIDE FOR THE WINDING-UP OF THE AFFAIRS OF THE BANK.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\ 10226HTC01):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Title 48 of the 1976 Code is amended by adding:
Section 48-59-10. This chapter may be cited as the 'South Carolina Conservation Bank Act.'
Section 48-59-20. The General Assembly finds that:
(1) South Carolina is experiencing rapid land development and economic growth which has benefited the state's people and economy but has also led to the loss of forestlands, farmlands, open space, wildlife habitats, outstanding natural areas, and beaches; and has impacted the health of the state's streams, rivers, wetlands, estuaries, and bays, all of which impacts the quality of life of the state's current and future citizens and may jeopardize the well-being of the state's environment and economy if not addressed appropriately.
(2) This same rapid land development has also led to the loss of historical and archaeological sites that embody the heritage of human habitation in the State.
(3) Additionally, as urban areas expand and the separation of urban residents from open lands increases, there is a need to preserve greenways, open space, and parks in urban areas in order to promote balanced growth and promote the well-being and quality of life of our state's citizens.
(4) There is a critical need to fund the preservation of wildlife habitats, outstanding natural areas, sites of unique ecological significance, historical sites, forestlands, farmlands, watersheds, and open space, and urban parklands as an essential element in the orderly development of the State.
(5) The protection of open space by acquisition of interests in real property from willing sellers is essential to ensure that the State continues to enjoy the benefits of wildlife habitats, forestlands, farmlands, open space, parks, historical sites, and healthy streams, rivers, bays, and estuaries; for recreational purposes, for scientific study, for aesthetic appreciation, for protection of critical water resources, to maintain the state's position as an attractive location for visitors and new industry, and to preserve the opportunities of future generations to benefit from the existence of the state's outstanding natural and historical sites.
(6) It is critical to encourage cooperation and innovative partnerships among landowners, state agencies, local governments, and nonprofit organizations, which must work together in order to meet these objectives.
(7) In order to carry out these purposes, the State must establish an ongoing funding source to acquire interests in land from willing sellers that meets these objectives and to ensure the orderly development of the State. To these ends, the General Assembly enacts the 'South Carolina Conservation Bank Act.'
Section 48-59-30. As used in this chapter:
(1) 'Bank' means the South Carolina Conservation Bank.
(2) 'Board' means the governing board of the bank.
(3) 'Trust fund' means the South Carolina Conservation Bank Trust Fund established pursuant to Section 48-59-60.
(4) 'Eligible trust fund recipient' means:
(a) the following state agencies, which own and manage land for the land's natural resource, historical, and outdoor recreation values:
(i) South Carolina Department of Natural Resources,
(ii) South Carolina Forestry Commission, and
(iii) South Carolina Department of Parks, Recreation and Tourism.
(b) a county or municipality of this State and any agency, commission, or instrumentality of such a county or municipality; or
(c) a not-for-profit charitable corporation or trust authorized to do business in this State and organized and operated for natural resource conservation, land conservation, or historic preservation purposes, and having tax-exempt status as a public charity under the Internal Revenue Code of 1986, and having the power to acquire, hold, and maintain interests in land for these purposes.
(5) 'Farmland' means land used for the production of food, fiber, or other agricultural products.
(6) 'Land' means real property, including highlands and wetlands of any description.
(7) 'Conservation easement' means an interest in real property as defined in Chapter 8 of Title 27, the South Carolina Conservation Easement Act of 1991.
(8) 'Interests in lands' means fee titles to lands or conservation easements.
Section 48-59-40. (A) There is established the South Carolina Conservation Bank. The bank is governed by a fifteen-member board selected as follows:
(1) the chairman of the board for the Department of Natural Resources, the chairman of the South Carolina Forestry Commission, and the director of the South Carolina Department of Parks, Recreation and Tourism, all of whom shall serve ex officio;
(2) one member from each congressional district appointed by the Governor. Of these members:
(a) one must represent a charitable corporation or trust authorized to do business in this State that is actively engaged in the acquisition of interests in land from voluntary sellers for the purposes of natural resource or land conservation;
(b) one must be an owner of rural real property actively engaged in the management and operation of farmlands, and wildlife habitat;
(c) one must be an owner of real property who is actively engaged in the real estate business or in the business of appraising forestland, farmland, or conservation easements;
(d) one must be a county or municipal elected or appointed official, and this official shall serve ex officio;
(e) one must represent a charitable corporation or trust authorized to do business in this State which is organized for historic preservation purposes; and
(f) one must be dean or professor at a college, school, or department of natural resource management, environmental studies, or urban planning at a university or college in South Carolina;
(3) three members appointed by the President Pro Tempore of the Senate, one who represents hunting, fishing, or outdoor recreation organizations, one who is an owner of real property actively engaged in the commercial real estate business or in the business of appraising commercial real property, and one who represents a charitable corporation or trust authorized to do business in this state which is actively engaged in the acquisition of interests in land from voluntary sellers for the purposes of natural resource or land conservation; and
(4) three members appointed by the Speaker of the House, one who represents hunting, fishing, or outdoor recreation organizations, one who is an owner of rural real property actively engaged in the management and operation of forestlands and wildlife habitat, and one who is an owner of real property actively engaged in the business of appraising forestlands, farmlands, or conservation easements.
(B) All appointed board members must have a demonstrated background, experience, and interest in the conservation of natural or historical resources, and the appointing authorities shall exercise due diligence to ensure that all persons nominated and appointed possess these qualifications.
(C) Terms of board members are for four years and until their successors are appointed and qualify, except that the initial terms of each appointing official's appointees must be staggered with the initial term noted on the appointment. Regardless of the date of appointment, all terms expire on July first of the applicable year. Vacancies must be filled in the manner of original appointments for the unexpired portion of the term. Members shall serve without compensation but may receive the mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions. The board shall elect a chairman and other officers as necessary from its membership.
(D) Board members must recuse themselves from any vote in which they have a conflict of interest including, but not limited to, any vote affecting or providing funding for the acquisition of interests in land:
(1) on land owned or controlled by the board member, the board member's immediate family, or an entity the board member represents, works for, or in which the member has a voting or ownership interest;
(2) on land contiguous to land described in item (1) of this subsection; and
(3) by an eligible trust fund recipient that the board member represents, works for, or in which the member has a voting or ownership interest.
The provisions of this subsection are cumulative to and not in lieu of provisions of law or applicable rule relating to the ethics of public officers.
(E) The board shall meet at least twice annually in regularly scheduled meetings and in special meetings as the chairman may call. All meetings shall be open to the public except that the board may go into executive session for the purposes of discussing values of interests in land, appraisals, litigation, and as otherwise provided for in Chapter 4 of Title 30, the Freedom of Information Act.
(F) Board members shall have no personal liability for any actions or refusals to act in their official capacity as long as such actions or refusals to act do not involve wilful or intentional malfeasance or recklessness.
Section 48-59-50. (A) The bank is established and authorized to:
(1) award grants to eligible trust fund recipients for the purchase of interests in land, so long as the grants advance the purposes of this chapter and meet criteria contained in Section 48-59-60;
(2) make loans to eligible trust fund recipients for the purchase of interests in land, at no interest or at an interest rate determined by the board, and under terms determined by the board, so long as the loans advance the purposes of this chapter and meet criteria contained in Section 48-59-60;
(3) apply for and receive additional funding for the trust fund from federal, private, and other sources, to be used as provided in this chapter;
(4) receive charitable contributions and donations to the trust fund, to be used as provided in this chapter; and
(5) receive contributions to the trust fund in satisfaction of any public or private obligation for environmental mitigation or habitat conservation, whether such obligation arises out of law, equity, contract, regulation, administrative proceeding, or judicial proceeding. Such contributions must be used as provided for in this chapter.
(6) exercise its discretion in determining what portion of trust funds shall be expended, awarded, or loaned in any particular year, and what portion of trust funds shall remain in the trust fund from one fiscal year to the next. Funds within the trust fund shall be invested or deposited into interest-bearing instruments or accounts, with the interest accruing and credited to the fund.
(B) To carry out its functions, the bank shall:
(1) operate a program in order to implement the purposes of this chapter;
(2) develop additional guidelines and prescribe procedures, consistent with the criteria and purposes of this chapter, as necessary to implement this chapter;
(3) submit an annual report to the Governor, Lieutenant Governor, and General Assembly that:
(a) accounts for trust fund receipts and dispersals;
(b) briefly describes applications submitted to the bank, and in greater detail describes grants and loans that were approved or funded during the current year, and the public benefits resulting from such proposals;
(c) describes recipients of trust fund grants and loans; and
(d) sets forth a list and description of all grants and loans approved, and all acquisitions of land or interests in land obtained with trust funds since the bank's inception. The report shall include a map setting forth the location and size of all such protected lands.
(C) To operate the bank and carry out the purposes of this chapter the board shall hire an executive director and may hire staff, contract for services, and enter into cooperative agreements with other state agencies.
(D) Operating expenses of the bank must be paid out of the trust fund.
Section 48-59-60. To receive and hold revenues of the bank, there is created in the State Treasury separate and distinct from all other funds the South Carolina Conservation Bank Trust Fund. Earnings on the trust fund are retained in the trust fund and unexpended trust fund revenues at the end of a fiscal year are carried forward in the trust fund. The trust fund may receive revenues from any source the General Assembly may provide by law and from governmental grants and private gifts and bequests. Trust fund revenues may be used only as provided in this chapter.
Section 48-59-70. (A) An eligible trust fund recipient may apply for a grant or loan from the trust fund to acquire an interest in land identified in its application. Contiguous landowners and other interested parties may submit in writing to the board their views in support of or in opposition to the application. Based on a review of these submissions, or in any instance where the board determines the public interest so requires, it may hold a public hearing on the application at which the eligible trust fund recipient, contiguous landowners, and other interested parties may be heard.
(B) Before disbursing trust funds for the purchase of an interest in land, the eligible trust fund recipient receiving the funds must notify the owner of the land that is the subject of the trust fund grant or loan of the following in writing:
(1) that interests in land purchased with trust funds result in a permanent conveyance of such interests in land from the landowner to the eligible trust fund recipient or its assigns; and
(2) that it may be in the landowner's interest to retain independent legal counsel, appraisals, and other professional advice.
The application must contain an affirmation that the notice requirement of this subsection has been met.
(C) Grants and loans from the trust fund must be awarded based upon the conservation criteria contained in subsection (D) and the financial criteria contained in subsection (E). In each application the qualifying entity must provide information regarding how the proposal meets one or more of the following criteria and advances the purposes of the bank.
(D) For purposes of this chapter, conservation criteria include:
(1) the value of the proposal for the conservation of unique or important wildlife habitat;
(2) the value of the proposal for the conservation of any rare or endangered species;
(3) the value of the proposal for the conservation of a relatively undisturbed or outstanding example of an ecosystem indigenous to South Carolina;
(4) the value of the proposal for the conservation of riparian habitats, wetlands, water quality, watersheds of significant ecological value, critical aquifer recharge areas, estuaries, bays, or beaches;
(5) the value of the proposal for the conservation of outstanding geologic features;
(6) the value of the proposal for the conservation of a site of unique historical or archaeological significance;
(7) the value of the proposal for the conservation of an area of critical open space, forestlands, farmlands, or wetlands that promotes the objectives of state or local plans for preservation of open space;
(8) the value of the proposal for the conservation of an area of forestlands or farmlands which are located on prime soils, in microclimates or have strategic geographical significances;
(9) the value of the proposal for the conservation of an area for outdoor recreation, greenways, or urban parkland;
(10) the value of the proposal for the conservation of a larger area or ecosystem already containing protected lands or as a connection between natural habitats or open space that are already protected;
(11) the value of the proposal for the size of the land protected;
(12) the value of the proposal for the unique opportunity it presents to accomplish one or more of the criteria contained in this subsection, where the same or a similar opportunity is unlikely to present itself in the future; and
(13) the value of the proposal because of the likelihood that the land will be developed unless protected with trust funds.
(E) For purposes of this chapter, financial criteria include:
(1) the degree to which the proposal presents a unique value opportunity in that it protects land at a cost that is below fair market value or protects at or below fair market value land that is likely to appreciate dramatically in value;
(2) the degree to which the proposal leverages trust funds by including funding or in-kind assets or services from other governmental sources such as federal, county, municipal, and other sources of state funds;
(3) the degree to which the proposal leverages trust funds by including funding or in-kind assets or services from private or nonprofit sources or charitable donations of land or conservation easements;
(4) the degree to which the proposal leverages trust funds by purchasing conservation easements that preserve land at a cost that is low relative to the fair market value of the fee title of the land preserved; and
(5) the degree to which other conservation incentives and means of conservation, such as donated conservation easements or participation in other governmental programs, have been explored, applied for, secured, or exhausted.
(F) The board shall evaluate each proposal according to the conservation criteria listed in subsection (D) and the financial criteria listed in subsection (E) and award grants or loans on the basis of how well proposals meet these criteria. Priority must be given to proposals that fulfill both conservation and financial criteria. The more criteria a proposal satisfies, the higher priority it must be given.
(G) For each grant or loan application the applicant shall specify:
(1) the purpose of the application;
(2) how the application satisfies criteria listed in subsections (D) and (E);
(3) the uses to which the land will be put;
(4) the extent to which hunting, fishing, or other forms of outdoor recreation will be conducted upon the land;
(5) the extent to which farming, forestry, timber management, or wildlife habitat management will be conducted upon the land;
(6) the party responsible for managing and maintaining the land; and
(7) the parties responsible for enforcing any conservation easements or other restrictions upon the land.
(H) Where an eligible trust fund recipient seeks a trust fund grant or loan to acquire fee title to land, it must demonstrate both the expertise and financial resources to manage the land for the purposes set forth in its application. Where an eligible trust fund recipient seeks a trust fund grant or loan to acquire a conservation easement, it must demonstrate both the expertise and financial resources to manage and enforce the restrictions placed upon the land for the purposes set forth in its application. The board shall evaluate each proposal to determine the qualifications of the proposed managing party and to determine whether the proposed management is consistent with the purposes of the bank and the purposes set forth in the application.
(I) An eligible trust fund recipient seeking a grant or loan from the trust fund must:
(1) demonstrate that it is able to complete the project and acquire the interests in land proposed;
(2) indicate the total number of acres of land it has preserved in the State; and
(3) briefly describe the lands it has preserved in the State, including their size, location, and method of preservation. The reporting requirement of this subsection need not be complied with for specific preserved lands when in the grant or loan applicant's discretion, or in the discretion of the owners of such preserved lands, the privacy or proprietary interests of the owners of such preserved lands would be violated.
(J) Partnerships, matching contributions, management agreements, management leases, and similar collaborations among state agencies, the federal government, eligible trust fund recipients, and local governments, boards, and commissions may be encouraged to fulfill the requirements of this section and promote the objectives of this chapter.
(K) No matching funds or other contributions are required to receive grants or loans from the trust fund. However, the board shall encourage matching funds and other contributions by weighing the degree to which applications meet the criteria of subsection (E) when determining which proposals to fund.
(L) The board may authorize up to ten percent of the monies credited to the trust fund during the preceding fiscal year to acquire interests in land that solely or primarily meet the criteria of subsection (D)(6) of this section. No other monies in the trust fund may be awarded to applicants for the acquisition of interests in land that meet the criteria of (D)(6) unless the application also satisfies other criteria contained in subsection (D) in a substantial way.
(M) The board may only authorize grants or loans to purchase interests in lands at or below fair market value. In no cases may funds from the trust fund be used to acquire interests in lands at a price that exceeds the fair market value of the interest being acquired. The board must establish reasonable procedures to document the fair market value of interests in lands and to ensure that the purchase price does not exceed the fair market value. The board must also establish reasonable procedures to ensure the confidentiality of appraisals before the award of a grant or loan and the subsequent acquisition of interests in lands obtained with such grant or loan.
(N) In awarding a grant or loan from the trust fund the board shall set forth findings that indicate:
(1) how the application satisfies the purposes of this chapter and the criteria and other considerations set forth in this section;
(2) the purpose of the award and the use to which the land will be put;
(3) the extent to which hunting, fishing, or other forms of outdoor recreation will be conducted upon the land;
(4) the extent to which farming, forestry, timber management, or wildlife habitat management will be conducted upon the land;
(5) the party responsible for managing and maintaining the land;
(6) the party responsible for enforcing any easements or other restrictions upon the land;
(7) the parties designated in items (5) and (6) possess the expertise and financial resources to fulfill their obligations; and
(8) any other findings or information relevant to the award.
Section 48-59-80. (A) The interests in lands acquired with funds from the trust fund must be held by an eligible trust fund recipient.
(B) The bank may not hold or possess any interest in land or other interest in real property, except for mortgage interests as security for loans made from the trust fund as provided for in subsection (J), and leasehold interests in office space secured for bank operations and staff.
(C) The bank and eligible trust fund recipients receiving monies from the trust fund shall retain all records of acquisition of interests in land with trust funds including, but not limited to, surveys, inventories, appraisals, title and title insurance policies, environmental assessments, closing documents, and contracts.
(D) The bank must be named as an insured on a title insurance policy acceptable to the board and obtained by the loan recipient for loans it makes to eligible trust fund recipients. The bank must be indemnified as to title in the amount of any grants it makes to eligible trust fund recipients, and this indemnification must be secured by a title insurance policy acceptable to the board and obtained by the grant recipient. These requirements for title insurance and indemnification as to title may be waived by the board in extraordinary cases where insurable title is unobtainable, the risk of adverse claims to title are small, the land in question presents a particularly valuable conservation opportunity according to the purposes of this chapter and the criteria of Section 48-59-70, and the cost of the interest in land acquired reflects the lack of insurable title.
(E) In order to identify potential liability pursuant to applicable state or federal environmental law or regulation, an environmental hazard assessment must be conducted on lands before the disbursement of trust funds for the acquisition of an interest in such lands.
(F) All interests in lands acquired with trust funds must be held by the eligible trust fund recipient that was approved by the board to acquire the interest in land, except that an interest in land obtained with trust fund money may be assigned from one eligible trust fund recipient to another upon approval of the board by majority vote.
(G) Except as provided in subsection (F), no interest in land acquired by an eligible trust fund recipient with trust funds may be extinguished, sold, transferred, assigned, alienated, or converted to a purpose or use other than that set forth in the grant or loan award, without securing a:
(1) two-thirds vote of the board, following a finding of fact that the land no longer exhibits the characteristic that qualified it for acquisition with funds from the trust fund; and
(2) majority vote of the State Budget and Control Board.
(H) If any interests in lands that have been acquired by an eligible trust fund recipient with trust funds are extinguished, sold, transferred, assigned, alienated, or converted pursuant to subsection (G) of this section, the eligible trust fund recipient extinguishing, selling, transferring, assigning, alienating, or converting the interests in land shall replace them with interests in land of substantially equal current fair market value, with any deficit being made up by contribution to the trust fund. The replacement land must also exhibit characteristics that meet the criteria of this chapter. The board must verify that suitable replacement interests in lands have been identified and will be obtained before authorizing that any interest in land purchased with monies from the trust fund be extinguished, sold, transferred, assigned, alienated, or converted.
(I) Interests in land acquired with trust funds must be managed and maintained in order to perpetuate the conservation, natural, historical, open space, and recreational uses or values for which they were originally acquired. Uses which are adverse to the original purposes for which the interests in land were acquired with trust funds are not permitted without securing a:
(1) two-thirds vote of the board, following a finding of fact that the land no longer exhibits the characteristics that qualified it for acquisition with funds from the fund; and
(2) majority vote of the State Budget and Control Board.
(J) Loans made from the trust fund must be secured by mortgages upon the subject properties. Any funds received from foreclosure proceedings upon these mortgages must be deposited in the trust fund for subsequent distribution as grants or loans according to the provisions of this chapter. Notwithstanding the provisions of subsection (B), the bank may accept a deed in lieu of foreclosure or as a result of foreclosure proceedings, for land in which it held a mortgage interest by virtue of awarding a loan as provided for in this chapter. However, upon receiving such a deed the bank must as soon as practicable either transfer the property to an appropriate eligible trust fund recipient or sell the land and deposit the proceeds in the trust fund for subsequent distribution as grants or loans according to the provisions of this chapter. If the bank sells the land, it may first donate a conservation easement upon the land to an eligible trust fund recipient before the sale.
Section 48-59-90. Funds from the trust fund may not be used to acquire interests in lands or other interests in real property through the exercise of any power of eminent domain or condemnation proceeding.
Section 48-59-100. Neither this section nor Section 48-59-90 may be repealed, amended, or otherwise modified except by an affirmative two-thirds vote of the total membership of both the House of Representatives and the Senate.
Section 48-59-110. The provisions of this chapter must not be construed to eliminate or unreasonably restrict hunting, fishing, farming, forestry, timber management, or wildlife habitat management, as regulated by the laws of this State, upon lands for which interests in lands are obtained pursuant to this chapter. These and other traditional and compatible activities may be conducted, where appropriate, upon lands preserved with trust funds.
Section 49-59-120. When trust funds are used to purchase a conservation easement on land, the conservation easement will be the controlling legal document regarding what is and what is not permitted upon the land, how the land will be preserved, and what rights are vested with the eligible trust fund recipient or its assigns which hold the conservation easement. If any inconsistencies or ambiguities arise between the provisions of this chapter and the terms and conditions of a conservation easement purchased with trust funds, the terms and conditions of the conservation easement must prevail. The board must exercise due diligence to assure the terms and conditions of conservation easements are consistent with the purposes of this chapter before disbursing trust funds for the purchase of such conservation easements."
SECTION 2. (A) The Department of Public Safety may issue special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of six thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which shall have imprinted on the plate "Conserve South Carolina" and which may have an emblem, a seal, logo, or other symbol of the South Carolina Conservation Bank. The South Carolina Conservation Bank shall submit to the department for its approval the emblem, seal, logo, or other symbol it desires to be used for this special license plate. The South Carolina Conservation Bank may request a change in the emblem, seal, logo, or other symbol not more than once every five years. The fee for this special license plate is initially forty-eight dollars every two years in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3, Title 56 of the 1976 Code. However, the South Carolina Conservation Bank may in its discretion alter the fee no more frequently than once every two years and must notify the department of changes in the fee. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.
(B) The fees collected pursuant to this section must be credited to the South Carolina Conservation Bank Trust Fund established pursuant to Section 48-59-60 of the 1976 Code.
(C) The provisions of Section 56-3-8100 of the 1976 Code apply to the license plate authorized by this section.
SECTION 3. Notwithstanding the provisions of Section 12-24-90(B)(3) of the 1976 Code, effective July 1, 2002, twenty-five cents of the one dollar thirty cents state deed recording fee must be credited to the South Carolina Conservation Bank Trust Fund.
SECTION 4. The provisions of Section 27-8-30(E)(3) of the 1976 Code do not apply to an easement conveyed by a county or municipality if the county or municipality is compensated for the easement from the Conservation Bank Trust Fund under Chapter 59 of Title 48 of the 1976 Code or if the donation of an easement by a municipality or county is an integral part of a larger proposal for which a grant or loan is made from the Conservation Bank Trust Fund under Chapter 59 of Title 48 of the 1976 Code.
SECTION 5. Chapter 59, Title 48 of the 1976 Code and Sections 2 through 4 of this act are repealed effective July 1, 2015, or ten years after the full funding of the trust fund, whichever is greater, unless reenacted or otherwise extended by the General Assembly. However, the South Carolina Conservation Bank established by this act may continue to operate as if Chapter 59, Title 49 of the 1976 Code was not repealed until the South Carolina Conservation Bank Trust Fund is exhausted or July 1, 2018, whichever first occurs. Any balance in that trust fund on July 1, 2018, reverts to the general fund of the State. Repeal does not affect any rights, obligations, liabilities, or debts due the South Carolina Conservation Bank. For these purposes, after the bank's termination, the State Budget and Control Board is the bank's successor, except that, after the bank's termination, the board's voting rights provided in the former provisions of Section 48-59-80(F), (G), (H), and (I) of the 1976 Code are devolved upon the Department of Natural Resources Board, and any contribution to the trust fund required pursuant to the former provisions of Section 48-59-80(H) of the 1976 Code must be made to the Heritage Trust Program.
SECTION 6. This act takes effect upon approval by the Governor.
Amend title to conform.
Rep. J. R. SMITH explained the amendment.
Reps. ALTMAN, PERRY, LOFTIS, SHARPE, J. R. SMITH, DAVENPORT, W. D. SMITH, CAMPSEN, ROBINSON, FRYE, MCLEOD, BALES and SCOTT requested debate on the Bill.
The following Bill was taken up:
H. 3777 (Word version) -- Rep. Robinson: A BILL TO AMEND CHAPTER 10, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENTERPRISE ZONE ACT, BY ADDING SECTION 12-10-95 SO AS TO PROVIDE FOR A WITHHOLDING CREDIT FOR RETRAINING OF A PRODUCTION OR TECHNOLOGY EMPLOYEE; TO AMEND SECTION 12-2-25, RELATING TO TREATMENT OF A SINGLE-MEMBER LIABILITY COMPANY AND A GRANTOR TRUST FOR PURPOSES OF SOUTH CAROLINA INCOME TAX, SO AS TO INCLUDE A "QUALIFIED SUBCHAPTER 'S' SUBSIDIARY" AS AN ENTITY THAT IS NOT REGARDED SEPARATELY FROM ITS OWNER OR GRANTOR; TO AMEND SECTIONS 12-6-40, AS AMENDED, AND 12-6-50, BOTH RELATING TO APPLICATION AND ADOPTION OF THE FEDERAL INTERNAL REVENUE CODE TO STATE TAX LAWS, SO AS TO CLARIFY THE MEANINGS OF CERTAIN TERMS IN THE APPLICATION OF THE PROVISIONS AND TO EXCLUDE ADDITIONAL PROVISIONS CONCERNING THE TAXATION OF FOREIGN INCOME; TO AMEND SECTION 12-6-2210, RELATING TO MEASUREMENT OF THE ENTIRE NET INCOME OF A TAXPAYER, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-6-3330, RELATING TO THE DEFINITION OF "SOUTH CAROLINA EARNED INCOME" FOR PURPOSES OF THE TWO WAGE EARNER CREDIT, SO AS TO REFINE CITATIONS TO THE INTERNAL REVENUE CODE; TO AMEND SECTION 12-6-3410, RELATING TO DEFINITIONS FOR PURPOSES OF THE CORPORATE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO INCLUDE INFORMATION TECHNOLOGY AS A HEADQUARTERS-RELATED FUNCTION; TO AMEND SECTION 12-6-3500, RELATING TO RETIREMENT PLAN TAX CREDITS, SO AS TO DETERMINE THE TAXPAYER'S LIFE EXPECTANCY FROM THE TIME HE FIRST CLAIMS THE RETIREMENT INCOME DEDUCTION; TO AMEND SECTION 12-6-3520, RELATING TO INCOME TAX CREDIT FOR HABITAT CONSTRUCTION, MAINTENANCE, AND MANAGEMENT, SO AS TO MAKE A TECHNICAL CLARIFICATION BY CROSS-REFERENCING SPECIFIC SECTIONS IMPOSING TAX LIABILITY AND TO ALLOW THE CREDIT TO A MEMBER OF A LIMITED LIABILITY COMPANY TAXED AS A PARTNERSHIP; TO AMEND SECTIONS 12-10-30, 12-10-50, 12-10-80, AND 12-10-81, ALL AS AMENDED AND ALL RELATING TO THE ENTERPRISE ZONE ACT, SO AS TO CONFORM ITS PROVISIONS TO INCLUDE A JOB DEVELOPMENT CREDIT FOR THE TRAINING OR RETRAINING OF AN INFORMATION TECHNOLOGY EMPLOYEE, TO INCLUDE TECHNOLOGY INTENSIVE FACILITIES AS QUALIFYING BUSINESSES, TO ADJUST THE HOURLY WAGE RANGES FOR DETERMINING THE JOB CREDIT PERCENTAGE, TO PROVIDE FOR PENALTIES FOR FAILURE TO TIMELY PAY TAXES, TO PROVIDE FOR INDEPENDENT CERTIFICATIONS OF SATISFACTION OF REQUIREMENTS, AND TO EFFECT TECHNICAL CHANGES; TO AMEND SECTION 12-13-20, RELATING TO THE DEFINITION OF "NET INCOME" FOR PURPOSES OF INCOME TAX PAYABLE BY A BUILDING AND LOAN ASSOCIATION, SO AS TO UPDATE CROSS-REFERENCES; TO AMEND SECTION 12-13-60, RELATING TO THE APPLICABILITY AND ADOPTION OF APPROPRIATE ENFORCEMENT AND ADMINISTRATION PROVISIONS OF TAX LAW TO TAXATION OF BUILDING AND LOAN ASSOCIATIONS, SO AS TO UPDATE CROSS-REFERENCES AND MAKE OTHER TECHNICAL CHANGES; TO AMEND SECTION 12-20-90, RELATING TO THE CORPORATION LICENSE FEE FOR A HOLDING COMPANY, SO AS TO INSERT "INSURER" IN DISTINGUISHING BETWEEN THE HOLDING COMPANY AND THE SUBSIDIARY FOR PURPOSES OF CALCULATING THE AMOUNT OF THE FEE; TO AMEND SECTION 12-20-110, RELATING TO INAPPLICABILITY OF THE PROVISIONS FOR CORPORATION LICENSE FEES TO CERTAIN ORGANIZATIONS, COMPANIES, AND ASSOCIATIONS, SO AS TO MAKE THE PROVISIONS INAPPLICABLE TO A HOMEOWNERS' ASSOCIATION AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-28-530, RELATING TO INCREASE IN TAX RATES ON MOTOR FUEL, SO AS TO INCLUDE MOTOR FUEL HELD IN REGISTERED AND NONREGISTERED TANKS; TO AMEND SECTION 12-28-985, RELATING TO FLOORSTOCKS TAX REPORT AND PAYMENT, SO AS TO PROVIDE FOR THE DEPARTMENT TO DETERMINE THE DUE DATE; TO AMEND SECTION 12-28-1135, RELATING TO THE FUEL VENDOR LICENSE AND FEE, SO AS TO REQUIRE THE PURCHASER FROM A TERMINAL SUPPLIER TO BE LICENSED; TO AMEND SECTION 12-28-1730, RELATING TO MONTHLY REPORTS FROM FUEL TRANSPORTERS, SO AS TO IMPOSE A CIVIL PENALTY FOR FAILURE TO INCLUDE CERTAIN INFORMATION; TO AMEND SECTION 12-36-90, RELATING TO DEFINITIONS OF "GROSS PROCEEDS OF SALE" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO CHANGE THE TAX PAID ON AN UNCOLLECTIBLE DEBT TO A DEDUCTION INSTEAD OF A CREDIT; TO AMEND SECTION 12-36-130, AS AMENDED, RELATING TO DEFINITION OF "SALES PRICE" FOR SALES TAX PURPOSES, SO AS TO EXCLUDE AN AMOUNT ACTUALLY CHARGED OFF AS UNCOLLECTIBLE; TO AMEND SECTION 12-36-910, RELATING TO IMPOSITION OF THE SALES TAX, SO AS TO REQUIRE THE SOURCING OF MOBILE TELECOMMUNICATIONS SERVICES CHARGES SUBJECT TO THE SALES TAX; TO AMEND SECTION 12-36-940, RELATING TO AMOUNTS ADDED TO THE SALES PRICE AS A RESULT OF THE STATE SALES TAX, SO AS TO CLARIFY THE RANGE OF SUMS AND TO PROVIDE FOR THE AMOUNTS WHICH MAY BE ADDED TO THE SALES PRICE FOR PURPOSES OF THE STATE SALES TAX ON ACCOMMODATIONS AND COMBINED STATE SALES TAX AND LOCAL TAX FOR COUNTIES IMPOSING A LOCAL TAX; TO AMEND SECTION 12-36-1310, RELATING TO IMPOSITION OF THE USE TAX, SO AS TO REQUIRE THE SOURCING OF MOBILE TELECOMMUNICATIONS SERVICES WITH CHARGES SUBJECT TO THE USE TAX; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM AD VALOREM TAXATION, SO AS TO INCLUDE A CROSS REFERENCE; TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY FOR PURPOSES OF ASSESSMENT OF TAXES, SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE DESIGNATE THE BOOK OF VEHICLE VALUATIONS FOR PURPOSES OF ESTABLISHING THE VALUATIONS, TO REDUCE THE MAXIMUM VALUATION FROM NINETY-FIVE PERCENT TO EIGHTY-FIVE PERCENT OF THE SUGGESTED RETAIL PRICE OF A NEW VEHICLE, WATERCRAFT, OR PERSONAL AIRCRAFT, AND TO REQUIRE A TEN PERCENT REDUCTION OF THE PREVIOUS YEAR'S VALUE IN SUBSEQUENT YEARS; TO AMEND SECTION 12-37-2640, RELATING TO DETERMINATION OF THE ASSESSED VALUE OF A MOTOR VEHICLE BY THE COUNTY AUDITOR, SO AS TO REQUIRE THE USE OF THE NATIONALLY RECOGNIZED PUBLICATION OF VEHICLE VALUATIONS AS DESIGNATED BY THE DEPARTMENT, TO PROVIDE A LIMITED ALTERNATIVE, AND TO ESTABLISH A MINIMUM AND MAXIMUM ASSESSED VALUE FOR A MOTORCYCLE BASED ON ITS MODEL YEAR; TO AMEND SECTION 12-37-2680, RELATING TO THE TIME FOR DETERMINATION OF THE ASSESSED VALUE OF A VEHICLE, SO AS TO DELETE THE REQUIREMENT THAT THE DEPARTMENT PUBLISH A VEHICLE VALUATION GUIDE; TO AMEND SECTION 12-54-43, AS AMENDED, RELATING TO CIVIL PENALTIES APPLICABLE TO TAX AND REVENUE LAW, AND SECTION 12-54-44, RELATING TO CRIMINAL PENALTIES APPLICABLE TO TAX AND REVENUE LAW, SO AS TO DELETE THE CRIMINAL PENALTY FOR FAILURE TO DEPOSIT OR PAY TAXES DEDUCTED AND WITHHELD FOR PAYMENT AND TO PROVIDE A CIVIL PENALTY; TO AMEND CHAPTER 54, TITLE 12, RELATING TO COLLECTION AND ENFORCEMENT OF TAXATION, BY ADDING SECTION 12-54-195 SO AS TO PROVIDE FOR A PENALTY ASSESSED AGAINST A PERSON WHO IS RESPONSIBLE FOR REMITTING, BUT FAILS TO REMIT, SALES TAX TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO TIME LIMITATIONS AND EXCEPTIONS FOR ASSESSMENT OF TAXES AND FEES, SO AS TO PROVIDE FOR SUSPENSION OF THE RUNNING OF THE STATUTE OF LIMITATIONS WHILE AN INDIVIDUAL TAXPAYER IS CONSIDERED "FINANCIALLY DISABLED" AND TO DEFINE THAT TERM; TO AMEND SECTION 12-54-200, RELATING TO THE REQUIREMENT OF A BOND TO SECURE PAYMENT OF TAXES, SO AS TO PROVIDE THE ALTERNATIVE AND ADDITIONAL SECURITY OF DEPOSIT AND MAINTENANCE OF TAXES DUE IN A SEPARATE ACCOUNT, TO DELETE THE REQUIREMENT OF NOTICE BY CERTIFIED MAIL, AND TO PROVIDE THAT NONCOMPLIANCE IS A MISDEMEANOR TRIABLE IN MAGISTRATES COURT; TO AMEND SECTION 12-54-227, AS AMENDED, RELATING TO OUT-OF-STATE COLLECTIONS, SO AS TO DELETE THE REQUIREMENT OF NOTICE BY CERTIFIED MAIL; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO PROHIBITION OF DISCLOSURE OF RECORDS AND REPORTS AND RETURNS FILED WITH THE DEPARTMENT, SO AS TO ALLOW AN EXCEPTION FOR DISCLOSURE OF A DEFICIENCY ASSESSMENT TO AN ATTORNEY CONDUCTING A CLOSING; TO AMEND SECTION 12-56-120, RELATING TO APPEALS FROM THE SETOFF DEBT COLLECTION ACT, SO AS TO PROVIDE THAT THE DEPARTMENT AND THE INTERNAL REVENUE SERVICE ARE EXEMPT AND ARE SUBJECT EXCLUSIVELY TO OTHER APPEAL PROCEDURES; TO AMEND SECTION 12-58-185, RELATING TO EXTENSIONS OF PAYMENT PERIODS, SO AS TO DELETE PRESCRIBED EXTENSION PERIODS; TO AMEND SECTION 12-60-90, RELATING TO THE ADMINISTRATIVE TAX PROCESS FOR PURPOSES OF THE REVENUE PROCEDURES ACT, SO AS TO UPDATE CITATIONS TO THE INTERNAL REVENUE CODE; TO AMEND SECTION 4-37-30, AS AMENDED, RELATING TO SALES AND USE TAXES OR TOLLS AS REVENUE FOR TRANSPORTATION FACILITIES, SO AS TO CLARIFY "MISALLOCATIONS" FOR PURPOSES OF ADJUSTING LATER DISTRIBUTIONS; AND TO AMEND ACT 588 OF 1994, RELATING TO THE CHEROKEE COUNTY SCHOOL DISTRICT 1 SCHOOL BOND-PROPERTY TAX RELIEF ACT AND ACT 441 OF 2000, RELATING TO THE CHESTERFIELD COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT, BOTH SO AS TO CLARIFY THE METHOD AND TIMING OF THE CORRECTION OF MISALLOCATION OF SALES TAX REVENUES BY THE STATE TREASURER AND TO PROVIDE FOR THE DISTRIBUTION OF SALES TAX REVENUES UNDER THE ACT WHEN THE DEPARTMENT OF REVENUE IS UNABLE TO IDENTIFY THE SOURCE OF THE REVENUES.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name DKA\AMEND\ 4309MM01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 10, Title 12 of the 1976 Code is amended by adding:
"Section 12-10-95. (A) Subject to the conditions in this section, a business engaged in manufacturing or processing operations or technology intensive activities at a manufacturing, processing, or technology intensive facility as defined in Section 12-6-3360(M) and that meets the requirements of Section 12-10-50(B) may negotiate with the council to claim as a credit against withholding five hundred dollars a year for the retraining of a production or technology employee if retraining is necessary for the qualifying business to remain competitive or to introduce new technologies. In addition to the yearly limits, the retraining credit claimed against withholding may not exceed two thousand dollars over five consecutive years for each retrained production or technology employee.
(B) A qualifying business is eligible to claim as a retraining credit against withholding the lower amount of the following:
(1) the retraining credit for the applicable withholding period as determined by subsection (A); or
(2) withholding paid to the State for the applicable withholding period.
(C) All retraining must be approved by a technical college under the jurisdiction of the State Board for Technical and Comprehensive Education. A qualifying business must submit a retraining program for approval by the appropriate technical college. The approving technical college may provide the retraining itself, subject to the retraining program, or contract with other training entities to provide the required retraining.
(D) Travel and lodging expenses and wages for retraining participants are not reimbursable.
(E) The qualifying business must match on a dollar-for-dollar basis the amount claimed as a credit against withholding for retraining. When applicable, the total amount of retraining credits and matching funds must be paid to the technical college that provides the training. All training costs, including costs in excess of the retraining credits and matching funds, are the responsibility of the business.
(F) A qualifying business claiming retraining credits pursuant to this section is subject to the reporting and audit requirements in Section 12-10-80(A).
(G) A qualifying business may not claim retraining credit for training provided to the following production or technology employees:
(a) temporary or contract employees; and
(b) employees who are subject to a revitalization agreement, including a preliminary revitalization agreement."
SECTION 2. Section 12-2-25 of the 1976 Code is amended to read:
"Section 12-2-25. (A) As used in this title and unless otherwise required by the context:
(1) 'partnership' includes a limited liability company taxed for South Carolina income tax purposes as a partnership.;
(2) 'partner' includes any a member of a limited liability company taxed for South Carolina income tax purposes as a partnership.;
(3) 'corporation' includes a limited liability company or professional or other association taxed for South Carolina income tax purposes as a corporation.; and
(4) 'shareholder' includes any a member of a limited liability company taxed for South Carolina income tax purposes as a corporation.
(B) Single-member limited liability companies which are not taxed for South Carolina income tax purposes as a corporation, and grantor trusts, to the extent they are grantor trusts, will be ignored for all South Carolina tax purposes. For South Carolina tax purposes:
(1) a single-member limited liability company, which is not taxed for South Carolina income tax purposes as a corporation, is not regarded as an entity separate from its owner;
(2) a 'qualified subchapter 'S' subsidiary', as defined in Section 1361(b)(3)(B) of the Internal Revenue Code, is not regarded as an entity separate from the 'S' corporation that owns the stock of the qualified subchapter 'S' subsidiary; and
(3) a grantor trust, to the extent that it is a grantor trust, is not regarded as an entity separate from its grantor.
(C) For purposes of this section, the Internal Revenue Code reference is as provided in Section 12-6-40(A)."
SECTION 3. Section 12-6-40 of the 1976 Code, as last amended by Section 7, Part II, Act 387 of 2000, is further amended to read:
"Section 12-6-40. (A)(1) 'Internal Revenue Code' means the Internal Revenue Code of 1986 as amended through December 31, 1999 2000, and includes the effective date provisions contained therein in it.
(2)(a) For purposes of this title, 'Internal Revenue Code' is deemed to contain all changes necessary for the State to administer its provisions. Unless a different meaning is required:
( i) 'Secretary', 'Secretary of the Treasury', or 'Commissioner' means the Director of the Department of Revenue.
( ii) 'Internal Revenue Service' means the department.
(iii) 'Return' means the appropriate state return.
( iv) 'Income' includes the modifications required by Article 9 of this chapter and allocation and apportionment as provided in Article 17 of this chapter.
Other terms in the Internal Revenue Code must be given the meanings necessary to effectuate this item.
(b) For purposes of Internal Revenue Code Sections 67 (Two Percent Floor on Miscellaneous Itemized Deductions), 71 (Alimony and Separate Maintenance Payments), 85 (Unemployment Compensation), 165 (Losses), 170 (Charitable Contributions), 213 (Medical and Dental Expenses), 219 (Retirement Savings), 469 (Passive Activity Losses and Credits Limited), and 631 (Gain or Loss in the Case of Timber, Coal, or Domestic Iron Ore), 'Adjusted Gross Income' for South Carolina income tax purposes means a taxpayer's adjusted gross income for federal income tax purposes without regard to the adjustments required by Article 9 and Article 17 of this chapter.
(c) For a taxpayer utilizing the provisions of Internal Revenue Code Section 1341 (Computation of Tax where Taxpayer Restores Substantial Amount Held under Claim of Right) for South Carolina tax purposes the phrase 'taxes imposed by this chapter' means taxes imposed by Chapter 6 of this title.
(d) The terms defined in Internal Revenue Code Sections 7701, 7702, and 7703 have the same meaning for South Carolina income tax purposes, unless a different meaning is clearly required.
(B) All elections made for federal income tax purposes in connection with Internal Revenue Code Sections adopted by this State automatically apply for South Carolina income tax purposes unless otherwise provided. A taxpayer may not make an election solely for South Carolina income tax purposes except for elections not applicable for federal purposes, including filing a combined or composite return as provided in Sections 12-6-5020 and 12-6-5030, respectively.
(C) For purposes of Internal Revenue Code Sections 67 (Two Percent Floor on Miscellaneous Itemized Deductions), 71 (Alimony and Separate Maintenance Payments), 85 (Unemployment Compensation), 165 (Losses), 170 (Charitable Contributions), 213 (Medical and Dental Expenses), 219 (Retirement Savings), 469 (Passive Activity Losses and Credits Limited), and 631 (Gain or Loss in the Case of Timber, Coal, or Domestic Iron Ore), "Adjusted Gross Income" for South Carolina income tax purposes means a taxpayer's adjusted gross income for federal income tax purposes without regard to the adjustments required by Article 9 and Article 17 of this chapter.
(D) For a taxpayer utilizing the provisions of Internal Revenue Code Section 1341 (Computation of Tax where Taxpayer Restores Substantial Amount Held under Claim of Right) for South Carolina tax purposes the phrase "taxes imposed by this chapter" means taxes imposed by Chapter 6 of this title.
(E) The terms defined in Internal Revenue Code Sections 7701, 7702, and 7703 have the same meaning for South Carolina income tax purposes, unless a different meaning is clearly required.
(F)(C) If a taxpayer complies with the provisions of Internal Revenue Code Section 367 (Foreign Corporations), it is not necessary for the taxpayer to obtain the approval of the department. The taxpayer shall attach a copy of the approval received from the Internal Revenue Service to its next South Carolina income tax return."
SECTION 4. Section 12-6-50(11) of the 1976 Code is amended to read:
"(11) Sections 861 through 908, 912, and 931 through 940, and 944 through 989 relating to the taxation of foreign income;"
SECTION 5. Section 12-6-2210(A) of the 1976 Code is amended to read:
"(A) If the entire business of a taxpayer is transacted or conducted within this State, the income tax as provided in this chapter is measured by the entire net income of the taxpayer for the taxable year. The entire business of the taxpayer is transacted and or conducted within the State if the taxpayer is not subject to a net income tax or a franchise tax measured by net income in another state, the District of Columbia, a territory or possession of the United States, or a foreign country, or and would not be subject to a net income tax in another such taxing jurisdiction if the other taxing jurisdiction adopted the net income tax laws of this State."
SECTION 6. Section 12-6-3330(C)(2) of the 1976 Code is amended to read:
"(2) The term 'South Carolina earned income' means income which that is earned income within the meaning of Internal Revenue Code Section 911(d)(2) or 401(c)(2)(C) which and is taxable in this State, except that:
(a) it does not include an amount:
( i) received from a retirement plan or an annuity;
( ii) paid or distributed from an individual retirement plan as defined in Internal Revenue Code Section 7701(a)(37);
(iii) received as deferred compensation; or
( iv) received for services performed by an individual employed by his spouse within the meaning of Internal Revenue Code Section 3121(b)(3)(A)(B) as amended through December 31, 1987; and
(b) Internal Revenue Code Section 911(d)(2)(B) must be applied without regard to the phrase 'not in excess of thirty percent of his share of net profits of such trade or business'."
SECTION 7. Section 12-6-3410(J)(1) and (4) are amended to read:
"(1) 'Corporate headquarters' means the facility or portion of a facility where corporate staff employees are physically employed, and where the majority of the company's financial, personnel, legal, planning, information technology, or other headquarters related functions are handled either on a regional or national basis. A corporate headquarters must be a regional corporate headquarters or a national corporate headquarters as defined below:
(a) National corporate headquarters must be the sole corporate headquarters in the nation and handle headquarters related functions on a national basis. A national headquarters shall be deemed to handle headquarters related functions on a national basis from this State if the corporation has a facility in this State from which the corporation engages in interstate commerce by providing goods or services for customers outside of this State in return for compensation.
(b) Regional corporate headquarters must be the sole corporate headquarters within the region and must handle headquarters related functions on a regional basis. For purposes of this section, 'region' or 'regional' means a geographic area comprised of either:
( i) at least five states, including this State, or
(ii) two or more states, including this State, if the entire business operations of the corporation are performed within fewer than five states.
(4) 'Headquarters related functions and services' are those functions involving financial, personnel, administrative, legal, planning, information technology, or similar business functions."
SECTION 8. Section 12-6-3500 of the 1976 Code is amended to read:
"Section 12-6-3500. If the right to receive retirement income by a taxpayer allowed the deduction pursuant to Section 12-6-1170 was earned by the taxpayer while residing in another state which imposed state income tax on the employee's contributions, a credit is allowed against the taxpayer's South Carolina income tax liability in an amount sufficient to offset the taxes paid the other state. This credit must be claimed over the taxpayer's lifetime. The department shall prescribe the amount of the annual credit based on the taxpayer's life expectancy at the time of the election made pursuant to the taxpayer first claims the retirement income deduction pursuant to Section 12-6-1170, and may require the documentation it determines necessary to verify the amount of income tax paid the other state on the contributions. Regardless of the tax rates applicable on the contributions in the other state, the total of the credit allowed may not exceed an amount determined by multiplying the contributions taxed in each year by the marginal South Carolina individual income tax rate for that year."
SECTION 9. Section 12-6-3520 of the 1976 Code is amended to read:
"Section 12-6-3520. (A) There shall be is allowed as a tax credit against the income tax liability of a taxpayer an amount equal to fifty percent of the costs incurred by the taxpayer for habitat management or construction and maintenance of improvements on real property that are made to land as described in Section 50-15-55(A) and which meets meet the requirements of regulations promulgated by the Department of Natural Resources pursuant to Section 50-15-55(A). For purposes of this section, 'costs incurred' means those monies spent or revenue foregone for habitat management or construction and maintenance, but does not include revenue foregone as increases in land values or speculative costs related to development.
(B) All costs must be incurred on land that has been designated as a certified management area for endangered species enumerated in Section 50-15-40 or for nongame and wildlife species determined to be in need management under Section 50-15-30.
(C) The tax credit allowed by this section must be claimed in the year that such the costs, as provided in subsection (B), are incurred as provided for in subsection (B). The This credit established by this section taken in one year may not exceed fifty percent of the taxpayer's income tax liability due pursuant to Section 12-6-510 or 12-6-530 for that year. If the amount of the credit exceeds the taxpayer's income tax liability for that taxable year, the taxpayer may carry forward any the excess for up to ten years.
(D) If during any taxable year the landowner voluntarily chooses to leave the agreement made concerning the certified areas during any taxable year after taking the tax credit, then the taxpayer's tax liability for the current taxable year must be increased by the full amount of any credit claimed in prior previous years with respect to the property.
(E)(1) An 'S' corporation, limited liability company, or partnership that qualifies for the credit under pursuant to this section as an 'S' corporation or partnership entitles may pass through the credit earned to each shareholder of the 'S' corporation, member of the limited liability company, or partner of the partnership to a nonrefundable credit against taxes. Any credit generated by an 'S' corporation must first be used against any tax liability of the 'S' corporation under Section 12-6-530. Any remaining credit passes through to the shareholders of the 'S' corporation.
(2) The amount of the credit allowed a shareholder, member, or partner, or owner of a limited liability company pursuant to this section is equal to the shareholder's percentage of stock ownership, the member's interest in the limited liability company, or the partner's interest in the partnership, for the taxable year, multiplied by the amount of the credit that the taxpayer would have been entitled to if it were taxed as a corporation earned by the entity. Credit earned by an 'S' corporation owing corporate level income tax must be used first at the entity level. Only the remaining credit passes through to the shareholders of the 'S' corporation.
(3) For purposes of this subsection, 'limited liability company' means a limited liability company taxed like a partnership."
SECTION 10. Section 12-10-30 of the 1976 Code, as last amended by Act 399 of 2000, is further amended to read:
"Section 12-10-30. As used in this chapter:
(1) 'Council' means the Advisory Coordinating Council for Economic Development.
(2) 'Department' means the South Carolina Department of Revenue.
(3) 'Employee' means an employee of the qualifying business who works full time within the enterprise zone at the project.
(4) 'Gross wages' means wages subject to withholding.
(5) 'Job development credit' means the amount a qualifying business may claim as a credit against employee withholding pursuant to Sections 12-10-80 and 12-10-81 and a revitalization agreement.
(6) 'New job' means a job created or reinstated as defined in Section 12-6-3360(M)(3).
(7) 'Qualifying business' means a business that meets the requirements of Section 12-10-50 and other applicable requirements of this chapter and, where required pursuant to Section 12-10-50, enters into a revitalization agreement with the council to undertake a project pursuant to the provisions of this chapter.
(8) 'Project' means an investment for one or more purposes pursuant to this chapter needed for a qualifying business to locate, remain, or expand in this State and otherwise fulfill the requirements of this chapter.
(9) 'Preliminary revitalization agreement' means the application by the qualifying business for benefits pursuant to Section 12-10-80 or 12-10-81 if the council approves the application and agrees in writing at the time of approval to allow the approved application to serve as the preliminary revitalization agreement. The date of the preliminary revitalization agreement is the date of the council approval.
(10) 'Revitalization agreement' means an executed agreement entered into between the council and a qualifying business that describes the project and the negotiated terms and conditions for a business to qualify for a job development credit pursuant to Section 12-10-80 or 12-10-81.
(11) 'Qualifying expenditures' means those expenditures that meet the requirements of Section 12-10-80(C) or 12-10-81(D).
(12) 'Withholding' means employee withholding pursuant to Chapter 8 of this title.
(13) 'Technology employee' means an employee whose job qualifies for jobs tax credit pursuant to at a technology intensive facility as defined in Section 12-6-3360(M)(14) who is directly engaged in technology intensive activities at that facility.
(14) 'Production employee' means an employee directly engaged in manufacturing or processing at a manufacturing or processing facility as defined in Section 12-6-3360(M).
(15) 'Retraining agreement' means an agreement entered into between a business and the council in which a qualifying business is entitled to retraining credit pursuant to Section 12-10-95.
(16) 'Retraining credit' means the amount that a business may claim as a credit against withholding pursuant to Section 12-10-95 and the retraining agreement.
(17) 'Technology intensive activities' means the design, development, and introduction of new products or innovative manufacturing processes, or both, through the systematic application of scientific and technical knowledge at a technology intensive facility as defined in Section 12-6-3360(M)."
SECTION 11. Section 12-10-50 of the 1976 Code, as last amended by Act 399 of 2000, is further amended to read:
"Section 12-10-50. (A) To qualify for the benefits provided in this chapter, a business must be located within this State and must:
(1) be engaged primarily in a business of the type identified in Section 12-6-3360;
(2) provide a benefits package, including health care, to full-time employees at the project;
(3) enter into a revitalization agreement that is approved by the council and that describes a minimum job requirement and minimum capital investment requirement for the project as provided in Section 12-10-90, except that a revitalization agreement is not required for a qualifying business with respect to Section 12-10-80(D); and
(4) have negotiated incentives that council has determined are appropriate for the project, and the council shall certify that:
(a) the total benefits of the project exceed the costs to the public; and
(b) the business otherwise fulfills the requirements of this chapter.
(B) To qualify for benefits pursuant to Section 12-10-95, a business must:
(1) be engaged in manufacturing or processing operations or technology intensive activities at a manufacturing, processing, or technology intensive facility as defined in Section 12-6-3360(M);
(2) provide a benefits package, including health care, to employees being retrained; and
(3) enter into a retraining agreement with the council."
SECTION 12. Section 12-10-80 of the 1976 Code, as last amended by Act 399 of 2000, is further amended to read:
"Section 12-10-80. (A) A business that qualifies pursuant to Section 12-10-50(A) and has submitted independently audited proof to the council that the business has met the minimum job requirement and minimum capital investment provided for in the revitalization agreement may claim job development credits as determined by this section.
(1) A business may claim job development credits against its withholding on its quarterly state withholding tax return for the amount of job development credits allowable pursuant to this section.
(2) A business that is current with respect to its withholding tax and other tax due and owing the State and that has maintained its minimum employment and investment levels identified in the revitalization agreement may claim the credit on a quarterly basis beginning with the first quarter after the council's certification to the department that the minimum employment and capital investment levels were met for the entire quarter. If a qualifying business is not current as to all taxes due and owing to the State as of the date of the return on which the credit would be claimed, without regard to extensions, the business is barred from claiming the credit that would otherwise be allowed for that quarter.
(3) A qualifying business may receive claim its initial job development credit only after the council has certified to the department that the qualifying business has met the required minimum employment and capital investment levels.
(4) To be eligible to apply to the council to claim a job development credit, a qualifying business shall create at least ten new, full-time jobs, as defined in Section 12-6-3360(M), at the project described in the revitalization agreement within five years of the effective date of the agreement.
(5) A qualifying business is eligible to claim a job development credit pursuant to the revitalization agreement for not more than fifteen years.
(6) To the extent any return of an overpayment of withholding that results from claiming job development credits is not used as permitted by subsection (C) or (D) by Section 12-10-95, it must be treated as misappropriated employee withholding.
(7) Except as provided in subsection (D), Job development credits may not be claimed for purposes of this section with regard to an employee whose job was created in this State before the taxable year of the qualifying business in which it enters into a preliminary revitalization agreement.
(8) If a qualifying business claims job development credits pursuant to this section, it shall make its payroll books and records available for inspection by the council and the department at the times the council and the department request. Each qualifying business claiming job development credits pursuant to this section shall file with the council and the department the information and documentation requested by the council or department respecting employee withholding, the job development credit, and the use of any overpayment of withholding resulting from the claiming of a job development credit according to the revitalization agreement.
(9) Each qualifying business claiming in excess of ten thousand dollars in a calendar year must furnish an audited report prepared by an independent certified public accountant that itemizes the sources and uses of the funds. The audited report must be filed with the council and the department no later than June thirtieth following the calendar year in which the job development credits are claimed, except when a qualifying business obtains the written approval by the council for an extension of that date. Extensions may be granted only for good cause shown. The department shall impose a penalty pursuant to Section 12-54-210 for all reports filed after June thirtieth or the approved extension date, whichever is later.
(10) Each qualifying business claiming ten thousand dollars or less in any calendar year must furnish a report prepared by the company that itemizes the sources and uses of the funds. This report must be filed with the council and the department no later than June thirtieth following the calendar year in which the job development credits are claimed, except when a qualifying business obtains the written approval by the council for an extension of that date. Extensions may be granted only for good cause shown. The department shall impose a penalty pursuant to Section 12-54-210 for all reports filed after June thirtieth or the approved extension date, whichever is later.
(11) An employer may not claim an amount that results in an employee's receiving a smaller amount of wages on either a weekly or on an annual basis than the employee would receive otherwise in the absence of this chapter.
(B)(1) The maximum job development credit a qualifying business may claim for new employees is limited to the lesser of withholding tax paid to the State on a quarterly basis or the sum of the following amounts:
(a) two percent of the gross wages of each new employee who earns 6.74 dollars $6.95 or more an hour but less than 8.99 dollars $9.27 an hour;
(b) three percent of the gross wages of each new employee who earns 8.99 dollars 9.27 or more an hour but less than 11.23 dollars $11.58 an hour;
(c) four percent of the gross wages of each new employee who earns 11.23 dollars $11.58 or more an hour but less than 16.85 dollars $17.38 an hour; and
(d) five percent of the gross wages of each new employee who earns 16.85 dollars $17.38 or more an hour.
(2) The hourly gross wage figures in item (1) must be adjusted annually by an inflation factor determined by the State Budget and Control Board. The amount that may be claimed by a qualifying business is limited by subsection (C) and the revitalization agreement. The council may approve a waiver of ninety-five percent of the limits pursuant to subsection (C) for qualifying businesses making a significant capital investment as defined in Section 4-12-30(D)(4) or Section 4-29-67(D)(4).
(C) To claim a job development credit, the qualifying business must incur qualified expenditures at the project or for utility or transportation improvements that serve the project. To be qualified, the expenditures must be:
(1) incurred during the term of the revitalization agreement, including a preliminary revitalization agreement, or within sixty days before the execution of a revitalization agreement, including a preliminary revitalization agreement council's receipt of an application for benefits pursuant to this section;
(2) authorized by the revitalization agreement; and
(3) used for any of the following purposes:
(a) training costs and facilities;
(b) acquiring and improving real estate whether constructed or acquired by purchase, or in cases approved by the council, acquired by lease or otherwise;
(c) improvements to both public and private utility systems including water, sewer, electricity, natural gas, and telecommunications;
(d) fixed transportation facilities including highway, rail, water, and air;
(e) construction or improvements of real property and fixtures constructed or improved primarily for the purpose of complying with local, state, or federal environmental laws or regulations;
(f) employee relocation expenses associated with new or expanded technology intensive facilities as defined in Section 12-6-3360(M)(14);
(g) financing the costs of a purpose described in items (a) through (f).
(D)(1) The amount of job development credits a qualifying business may claim for its use for qualifying expenditures is limited according to the designation of the county as defined in Section 12-6-3360(B) as follows:
(1)(a) one hundred percent of the maximum job development credits may be claimed by businesses located in counties designated as 'least developed';
(2)(b) eighty-five percent of the maximum job development credits may be claimed by businesses located in counties designated as 'underdeveloped';
(3)(c) seventy percent of the maximum job development credits may be claimed by businesses located in counties designated as 'moderately developed'; or
(4)(d) fifty-five percent of the maximum job development credits may be claimed by businesses located in counties designated as 'developed'.
(2) The amount that may be claimed as a job development credit by a qualifying business is limited by this subsection and by the revitalization agreement. The council may approve a waiver of ninety-five percent of the limits provided in item (1) for a qualifying business making a significant capital investment as defined in Section 4-12-30(D)(4), 4-29-67(D)(4), or 12-44-30(8).
(3) The county designation of the county in which the project is located at the time the qualifying business enters into a preliminary revitalization agreement with the council remains in effect for the entire period of the revitalization agreement, except as to additional jobs created pursuant to an amendment to a revitalization agreement entered into before June 1, 1997, as provided in Section 12-10-60. In that case the county designation on the date of the amendment remains in effect for the remaining period of the revitalization agreement as to any additional jobs created after the effective date of the amendment. This item does not apply to a business whose application for job development fees or credits pursuant to Section 12-10-81 has been approved by council before the effective date of this act.
(E) The council shall certify to the department the maximum job development credit for each qualifying business. After receiving certification, the department shall remit an amount equal to the difference between the maximum job development credit and the job development credit actually claimed to the State Rural Infrastructure Fund as defined and provided in Section 12-10-85.
(D)Subject to the conditions in this section, a qualifying business in this State may negotiate with the council to claim a job development credit for retraining according to the procedure in subsection (A) in an amount equal to five hundred dollars a year for each production and technology employee being retrained, where this retraining is necessary for the qualifying business to remain competitive or to introduce new technologies. This retraining must be approved and performed by the appropriate technical college under the jurisdiction of the State Board for Technical and Comprehensive Education. The technical college may provide the retraining program delivery directly or contract with other training entities to accomplish the required training outcomes. In addition to the yearly limits, the amount claimed as a job development credit for retraining may not exceed two thousand dollars over five years for each production employee being retrained. Additionally, the qualifying business must match on a dollar-for-dollar basis the amount claimed as a job development credit for retraining. The total amount claimed as job development credits for retraining and all of the matching funds of the qualifying business must be paid to the technical college that provides the training to defray the cost of the training program. Training cost in excess of the job development credits for retraining and matching funds is the responsibility of the qualifying business based on negotiations with the technical college.
(E)(F) Any job development credit of a qualifying business permanently lapses upon expiration or termination of the revitalization agreement. If an employee is terminated, the qualifying business immediately must cease to claim job development credits as to that employee.
(F) The statute of limitations provided by Section 12-54-85 is suspended until the end of the five-year period described in item (4) of subsection (A) with respect to state withholding taxes pursuant to this section for a business subject to this section.
(G) For purposes of the job development credit allowed by this section, an employee is a person whose job was created in this State.
(H) Job development credits may not be claimed by a governmental employer who employs persons at a closed or realigned military installation as defined in Section 12-10-88(E)."
SECTION 13. Section 12-10-81 of the 1976 Code, as last amended by Act 399 of 2000, is further amended to read:
"Section 12-10-81. (A) A business may claim a job development credit as determined by this section if the:
(1) council approves the use of this section for the business;
(2) business qualifies pursuant to Section 12-10-50; and
(3) business is a tire manufacturer that has more than four hundred twenty-five million dollars in capital invested in this State and employs more than one thousand employees in this State and that commits within a period of five years from the date of a revitalization agreement, to invest an additional three hundred fifty million dollars and create an additional three hundred fifty jobs in this State qualifying for job development fees or credits pursuant to current or future revitalization agreements; except that the business must submit independently audited proof to the council that the business has satisfied all minimum capital investment and job requirements identified in the revitalization agreements but not certified by the council to the department before July 1, 2001. The council, in its discretion, may extend the five-year period for two additional years if the business has made a commitment to the additional three hundred fifty million dollars and makes substantial progress toward satisfying the goal before the end of the initial five-year period. A business that represents to the council its intent to qualify pursuant to this section and is approved by the council may put job development fees computed pursuant to this section into an escrow account until the date the business satisfies provides independently audited proof to the council that the business has satisfied the capital and job requirements of this section.
(B)(1) A business qualifying pursuant to this section may claim its job development credit against its withholding on its quarterly state withholding tax return for the amount of job development credit allowable pursuant to this section for not more than fifteen years. Job development credits allowed pursuant to subsection (C)(1)(a) through (d) of this section apply only to withholding on jobs created pursuant to a revitalization agreement adopted pursuant to this section and to the amounts withheld on wages and salaries on those jobs.
(2) A business that is current with respect to its withholding tax as well as any other tax due and owing the State and that has maintained its minimum employment and investment levels identified in the revitalization agreement may claim the credit on a quarterly basis beginning with the quarter subsequent to the council's certification to the department that the minimum employment and capital investment levels have been met for the entire quarter. If a qualifying business is not current as to all taxes due and owing to the State as of the date of the return on which the credit would be claimed, without regard to extensions, the business is barred from claiming the credit that would otherwise be allowed for that quarter.
(3) To be eligible to apply to the council to claim a job development credit pursuant to this section, a qualifying business must create at least ten new, full-time jobs as defined in Section 12-6-3360(M) at the project or projects described in the revitalization agreement.
(4) To the extent a return of an overpayment of withholding that results from claiming job development credits is not used as permitted by subsection (D), it must be treated as misappropriated employee withholding.
(5) Job development credits may not be claimed for purposes of this section with regard to an employee whose job was created in this State before the taxable year the qualifying business enters into a preliminary revitalization agreement.
(6) If a qualifying business claims job development credits pursuant to this section, it must make its payroll books and records available for inspection by the council and the department at the times the council and the department request. Each qualifying business claiming job development credits pursuant to this section must file with the council and the department the information and documentation they request respecting employee withholding, the job development credit, and the use of overpayment of withholding resulting from the claiming of a job development credit according to the revitalization agreement.
(7) Each qualifying business must furnish an audited report prepared by an independent certified public accountant that itemizes the sources and uses of the funds. The audited report must be filed with the council and the department no later than June thirtieth following the calendar year in which the job development credits are claimed, except when a qualifying business obtains written approval of council for an extension of that date. Extensions may be granted for good cause shown. The department shall impose a penalty pursuant to Section 12-54-210 for all reports filed after June thirtieth or the approved extension date, whichever is later.
(8) An employer may not claim an amount that results in an employee's receiving a smaller amount of wages on either a weekly or on an annual basis than the employee would otherwise receive in the absence of this chapter.
(C)(1) The maximum job development credit a qualifying business may claim for new employees is determined by the sum of the following amounts:
(a) two percent of the gross wages of each new employee who earns $6.74 $6.95 or more an hour but less than $8.99 $9.27 an hour;
(b) three percent of the gross wages of each new employee who earns $8.99 $9.27 or more an hour but less than $11.23 $11.58 an hour;
(c) four percent of the gross wages of each new employee who earns $11.23 $11.58 or more an hour but less than $16.85 $17.38 an hour;
(d) five percent of the gross wages of each new employee who earns $16.85 $17.38 or more an hour; and
(e) the increase in the state sales and use tax of the business from the year of the effective date of its revitalization agreement pursuant to this section and subsequent years, over its state sales and use tax for the first of the three years preceding the effective date of this revitalization agreement.
(2) The hourly base wages in item (1) must be adjusted annually by the inflation factor determined by the State Budget and Control Board. The amount that may be claimed by a qualifying business is limited by subsection (E) and the negotiated terms of the revitalization agreement. The business may proceed by using either the job development fee escrow procedure available pursuant to revitalization agreements with effective dates before 1997, or the job development credit, or a combination of the two. For a business qualifying pursuant to this section, the council also may approve or waive sections of a revitalization agreement and the council's rules as needed, in the council's discretion, to assist the business.
(D) To claim a job development credit, the qualifying business must incur expenditures at the project or for utility or transportation improvements that serve the project. To be qualified, the expenditures must be:
(1) incurred during the term of the revitalization agreement, including a preliminary revitalization agreement, or within sixty days before council's receipt of an application for benefits pursuant to this section;
(2) authorized by the revitalization agreement; and
(3) used to reimburse the business for:
(a) training costs and facilities;
(b) acquiring and improving real estate whether constructed or acquired by purchase, or in cases approved by the council, acquired by lease or otherwise;
(c) improvements to both public and private utility systems including water, sewer, electricity, natural gas, and telecommunication;
(d) fixed transportation facilities including highway, rail, water, and air; or
(e) construction or improvements of real property and fixtures constructed or improved primarily for the purpose of complying with local, state, or federal environmental laws or regulations.
(E)(1) For purposes of subsection (C)(1)(a) through (d), the amount of job development credits a qualifying business may claim for its use for qualifying expenditures is limited according to the designation of the county as defined in Section 12-6-3360(B) as follows:
(a) one hundred percent of the maximum job development credits may be claimed by businesses located in counties designated as 'least developed';
(b) eighty-five percent of the maximum job development credits may be claimed by businesses located in counties designated as 'underdeveloped';
(c) seventy percent of the maximum job development credits may be claimed by businesses located in counties designated as 'moderately developed'; or
(d) fifty-five percent of the maximum job development credits may be claimed by businesses located in counties designated as 'developed'.
(2) For purposes of this subsection, the county designation of the county in which the project is located at the time the qualifying business enters into a preliminary revitalization agreement with the council remains in effect for the entire period of the revitalization agreement.
(3) The amount claimed by a qualifying business is limited by this subsection and the terms of the revitalization agreements. The business may use either the job development escrow procedure pursuant to revitalization agreements with effective dates before 1997 or the job development credit, or a combination of the two. For a business qualifying pursuant to this section, the council also may approve or waive sections of a revitalization agreement and rules of the council, in the council's discretion, to assist the business.
(4) The council shall certify to the department the maximum job development credit for each qualifying business. After receiving certification, the department shall remit an amount equal to the difference between the maximum job development credit and the job development credit actually claimed to the State Rural Infrastructure Fund as defined and provided in Section 12-10-85.
(F) A job development credit of a qualifying business permanently lapses upon expiration or termination of the revitalization agreement. If an employee is terminated, the qualifying business immediately must cease to claim job development credits as to that employee.
(G) The statute of limitations provided by Section 12-54-85 is suspended until the end of the five-year or seven-year period described in item (3) of subsection (A) with respect to state withholding taxes pursuant to this section for a business subject to this section.
(H) For purposes of the job development credit allowed by this section, an employee is a person whose job was created in this State."
SECTION 14. Section 12-13-20 of the 1976 Code is amended to read:
"Section 12-13-20. The term 'net income', as used in this chapter, means taxable income as determined for a regular corporation in Chapter 7 6 of this title after deducting all earnings accrued, paid, credited, or set aside for the benefit of holders of savings or investment accounts, any additions to reserves which are required by law, regulation, or direction of appropriate supervisory agencies, and a bad debt deduction. The bad debt deduction allowable for South Carolina income tax purposes is the amount determined under the Internal Revenue Code and the applicable regulations as amended through December 31, 1986 as defined in Section 12-6-40. No deductions from income are allowed for any additions to undivided profits or surplus accounts other than herein required, and for the purposes of this chapter, a state-organized association is allowed the same deductions for bad debt reserves as those allowed to federally organized associations. Associations shall maintain the bad debt reserves allowed as a deduction pursuant to this section in accordance with the provisions of the Internal Revenue Code as amended through December 31, 1986, as defined in Section 12-6-40 and shall keep a permanent record. These provisions are controlling notwithstanding any other provision of law."
SECTION 15. Section 12-13-60 of the 1976 Code is amended to read:
"Section 12-13-60. For the purpose of administration, enforcement, collection, liens, penalties, and other similar provisions, all of the provisions of Chapter 7 6 of this title that may be are appropriate or applicable are adopted and made a part of this chapter, including the requirement to make declarations requirements of declaration and payment of estimated tax and make estimated tax payments."
SECTION 16. Section 12-20-90 of the 1976 Code is amended to read:
"Section 12-20-90. The amount of the license fee required by Section 12-20-50 for a bank holding company, insurance holding company system, and savings and loan holding company must be measured by the capital stock and paid-in surplus of the holding company exclusive of the capital stock and paid-in surplus of a bank, insurer, or savings and loan association that is a subsidiary of the holding company. For the purposes of this section, 'bank', 'bank holding company', and 'subsidiary' of a bank holding company have the same definitions as in Section 34-24-20; 'insurer', 'insurance holding company system', and a 'subsidiary' of an insurance holding company system have the same definitions as in Section 38-21-10; and savings and loan 'association', 'savings and loan holding company', and a 'subsidiary' of a savings and loan company have the same definitions as in Section 34-28-300."
SECTION 17. Section 12-20-110 of the 1976 Code is amended to read:
"Section 12-20-110. The provisions of this chapter do not apply to any:
(1) nonprofit corporation organized under Article 1 of pursuant to Chapter 31 or 33 of Title 33 and exempt from income taxes pursuant to Section 501 of the Internal Revenue Code of 1986;
(2) volunteer fire department and rescue squad;
(3) cooperative organized under Chapter 45 or 47 of pursuant to Title 33;
(4) bank, building and loan association, or credit union doing a strictly mutual business;
(5) insurance company or association including any a fraternal, beneficial, or mutual protection insurance company; or
(6) foreign corporation whose entire income is not included in excluded from gross income for federal income tax purposes due to any a treaty obligation of the United States; or
(7) homeowners' association within the meaning of Internal Revenue Code Section 528(c)(1)."
SECTION 18. Section 12-28-1135(A) of the 1976 Code is amended to read:
"(A) Each person who engages in the business of selling taxable motor fuel at wholesale or retail or storing or distributing purchases taxable motor fuel for resale within this State from a licensed terminal supplier first shall obtain a fuel vendor license which is operative for all locations controlled or operated by that licensee in this State or in any other state from which the person removes fuel for delivery and use in South Carolina."
SECTION 19. A. Section 12-28-1730(E) of the 1976 Code is amended to read:
"(E) The department may impose a civil penalty against every terminal operator who wilfully fails to meet shipping paper issuance requirements under Sections 12-28-920, 12-28-1500, and 12-28-1575 or files a return without the supporting schedules as required by the department pursuant to Sections 12-28-1330 and 12-28-1340. The civil penalty imposed on the terminal operator is the same as the civil penalty imposed under subsection (B)."
B. Section 12-28-1730 of the 1976 Code is amended by adding:
"(H) If a person liable for the tax files a return without providing all information required by the department, there is added to the tax the amount provided in Section 12-54-43(C)(1)."
SECTION 20. Section 12-36-90(2)(h) of the 1976 Code is amended to read:
"(h) the sales price, not including sales tax, of property on sales which are actually charged off as bad debts or uncollectible accounts for state income tax purposes. A taxpayer who pays the tax on the unpaid balance of an account which has been found to be worthless and is actually charged off for state income tax purposes may take credit for the tax paid a deduction for the sales price charged off as a bad debt or uncollectible account on a return filed pursuant to this chapter, except that if an amount charged off is later paid in whole or in part to the taxpayer, the amount paid must be included in the first return filed after the collection and the tax paid. The deduction allowed by this provision must be taken within one year of the month the amount was determined to be a bad debt or uncollectible account."
SECTION 21. Section 12-36-130 of the 1976 Code, as last amended by Section 2, Act 283 of 2000, is further amended by adding a paragraph at the end to read:
"The term 'sales price' as defined in this section, also does not include the sales price, not including tax, of property on sales which are actually charged off as bad debts or uncollectible accounts for state income tax purposes. A taxpayer who pays the tax on the unpaid balance of an account which has been found to be worthless and is actually charged off for state income tax purposes may take a deduction for the sales price charged of as a bad debt or uncollectible account on a return filed pursuant to this chapter, except that if an amount charged off is later paid in whole or in part to the taxpayer, the amount paid must be included in the first return filed after the collection and the tax paid. The deduction allowed by this paragraph must be taken within one year of the month the amount was determined to be a bad debt or uncollectible account."
SECTION 22. Section 12-36-910(B)(3) of the 1976 Code is amended to read:
"(3) gross proceeds accruing or proceeding from the charges for the ways or means for the transmission of the voice or messages, including the charges for use of equipment furnished by the seller or supplier of the ways or means for the transmission of the voice or messages. Charges for mobile telecommunications services subject to the tax under this item must be sourced in accordance with the Mobile Telecommunications Sourcing Act as provided in Title 4 of the United States Code. The term 'charges for mobile telecommunications services' is defined for purposes of this section the same as it is defined in the Mobile Telecommunications Sourcing Act. All other definitions and provisions of the Mobile Telecommunications Sourcing Act as provided in Title 4 of United States Code are adopted;"
SECTION 23. Section 12-36-910(B) of the 1976 Code is amended by adding:
"(5) gross proceeds accruing or proceeding from the sale or recharge at retail or prepaid wireless calling arrangements.
(a) 'Prepaid wireless calling arrangements' means communication services that:
( i) are used exclusively to purchase wireless telecommunications;
( ii) are purchased in advance;
(iii) allow the purchaser to originate telephone calls by using an access number, authorization code, or other means entered manually or electronically; and
( iv) are sold in units or dollars which decline with use in a known amount.
(b) All charges for prepaid wireless calling arrangements must be sourced to the:
( i) location in this State where the over-the-counter sale took place;
( ii) shipping address if the sale did not take place at the seller's location and an item is shipped; or
(iii) either the billing address or location associated with the mobile telephone number if the sale did not take place at the seller's location and no item is shipped."
SECTION 24. Section 12-36-940 of the 1976 Code is amended to read:
"Section 12-36-940. (A) Every Each retailer may add to the sales price as a result of the five percent state sales tax:
(1) no amount on sales of ten cents or less;
(2) one cent on sales of eleven cents and over, but not in excess of through twenty cents;
(3) two cents on sales of twenty-one cents and over, but not in excess of through forty cents;
(4) three cents on sales of forty-one cents and over, but not in excess of through sixty cents;
(5) four cents on sales of sixty-one cents and over, but not in excess of through eighty cents;
(6) five cents on sales of eighty-one cents and over, but not in excess of through one dollar;
(7) one cent additional for each twenty cents or major fraction thereon in excess of it over of one dollar.
(B) The inability, impracticability, refusal, or failure to add these amounts to the sales price and collect them from the purchaser does not relieve the taxpayer from the tax levied by this article.
(C) For purposes of the state sales tax on accommodations and applicable combined state sales and local tax for counties imposing a local sales tax collected by the department on their behalf, retailers may add to the sales price an amount equal to the total state and local sales tax rate times the sales price. The amount added to the sales price may not be less than the amount added pursuant to subsection (A). In calculating the tax due, retailers may round a fraction of more than one-half of a cent to the next whole cent and a fraction of a cent of one-half or less must be eliminated. The inability, impracticability, refusal, or failure to add the tax to the sales price as allowed by this subsection and collect them from the purchaser does not relieve the taxpayer of his responsibility to pay tax."
SECTION 25. Section 12-36-1310(B)(3) of the 1976 Code is amended to read:
"(3) gross proceeds accruing or proceeding from the charges for the ways or means for the transmission of the voice or messages, including the charges for use of equipment furnished by the seller or supplier of the ways or means for the transmission of the voice or messages. Charges for mobile telecommunications services subject to the tax under this item must be sourced in accordance with the Mobile Telecommunications Sourcing Act as provided in Title 4 of the United States Code. The term 'charges for mobile telecommunications services' is defined for purposes of this section the same as it is defined in the Mobile Telecommunications Sourcing Act. All other definitions and provisions of the Mobile Telecommunications Sourcing Act as provided in Title 4 of the United States Code are adopted;"
SECTION 26. Section 12-37-220(C) of the 1976 Code is amended to read:
"(C) Upon approval by the governing body of the county, the five-year partial exemption allowed pursuant to subsections (A)(7), and (B)(32), and (B)(34) is extended to an unrelated purchaser who acquires the facilities in an arms-length transaction and who preserves the existing facilities and existing number of jobs. The partial exemption applies for the purchaser for five years if the purchaser otherwise meets the exemption requirements."
SECTION 27. Section 12-54-43 of the 1976 Code, as last amended by Act 399 of 2000, is further amended by adding an appropriately lettered subsection to read:
"( ) 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."
SECTION 28. Section 12-54-44(C) of the 1976 Code is amended to read:
"(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. Reserved "
SECTION 29. Chapter 54, Title 12 of the 1976 Code is amended by adding:
"Section 12-54-195. (A) As used in this section, 'responsible person' includes any officer, partner, or employee of the taxpayer who has a duty to pay to the department the sales tax due by the taxpayer or use tax required or authorized to be collected by the retailer pursuant to Chapter 36 of this title.
(B) If a retailer adds and collects the sales tax as permitted by Section 12-36-940, or collects the use tax from the purchaser as required by Section 12-36-1350, but the retailer fails to remit the tax collected to the department, then any responsible person may be held liable, individually and personally, for a penalty equal to one hundred percent of the tax collected but not remitted to the department. The tax is not collectible from the retailer to the extent the penalty imposed by this subsection is collected from a responsible person."
SECTION 30. Section 12-54-85 of the 1976 Code, as last amended by Act 399 of 2000, is further amended by adding an appropriately numbered subsection at the end to read:
"( )(1) An individual taxpayer is 'financially disabled' if he is unable to manage his financial affairs by reason of a medically determinable physical or mental impairment that is expected to result in death or that has lasted or is expected to last for a continuous period of not less than twelve months. An individual taxpayer does not have that impairment for this purpose unless proof of the existence of the impairment is provided to the department in the form and manner the department requests.
(2) The running of the period of limitation provided in subsection (F) is suspended during a period an individual taxpayer is considered financially disabled.
(3) An individual taxpayer may not be treated as financially disabled during a period that his spouse or another person is authorized lawfully to act on his behalf in financial matters."
SECTION 31. Section 12-54-85(F) of the 1976 Code is amended to read:
"(F)(1) Except as provided in subsection (D) above, claims for credit or refund must be filed within three years of from the time the timely filed return, including extensions, was filed, or two years from the date of payment the tax was paid, whichever is later. If no return was filed, a claim for credit or refund must be filed within two years from the date of payment the tax was paid. A credit or refund may not be made after the expiration of the period of limitation prescribed in this item for the filing of a claim for credit or refund, unless the claim for credit or refund is filed by the taxpayer or determined to be due by the department within that period.
(2) If the claim was filed by the taxpayer during the three-year period prescribed in item (1), the amount of the credit or refund may not exceed the portion of the tax paid within the period, immediately preceding the filing of the claim, equal to three years plus the period of any extension of time for filing the return.
(3) If the claim was not filed within the three-year period, the amount of the credit or refund may not exceed the portion of the tax paid during the two years immediately preceding the filing of the claim.
(4) If no claim was filed, the credit or refund may not exceed the amount which would be allowable under item (2) or (3), as the case may be, as if a claim were filed on the date the credit or refund is allowed.
(5) For the purposes of this subsection:
(a) A return filed before the last day prescribed for the filing is considered as filed on the last day. Payment of any portion of the tax made before the last day prescribed for the payment of the tax is considered made on the last day. The last day prescribed for filing the return or paying the tax must be determined without regard to any extension of time.
(b) Any tax actually withheld at the source in respect of the recipient of income, is considered to have been paid by the recipient on the last day prescribed for filing his return for the taxable year, determined without regard to any extension of time for filing the return, with respect to which the taxpayer would be allowed a credit for the amount withheld.
(c) Any amount paid as estimated income tax for any taxable year is considered to have been paid on the last day prescribed for filing the return for the taxable year, determined without regard to any extension of time for filing the return.
(6) In the case of an individual, the running of the period specified in this subsection is suspended for a period of the individual's life during which he is financially disabled. For purposes of this item, an individual is financially disabled if he is unable to manage his financial affairs by reason of a medically determinable physical or mental impairment that is not expected to result in death or which has lasted or is expected to last for a continuous period of not less than twelve months. An individual must not be treated as financially disabled for a period during which his spouse or another person is authorized to act on his behalf in financial matters. An individual must not be considered financially disabled unless the following statements are submitted as part of the claim for credit or refund:
(a) a written statement signed by a physician qualified to make the determination that provides the:
( i) name and a brief description of the physical or mental impairment;
( ii) physician's medical opinion that the physical or mental impairment prevented the taxpayer from managing his financial affairs;
(iii) physician's medical opinion that the taxpayer's physical or mental impairment resulted in, or is expected to result in, death, or that it has lasted, or is expected to last, for a continuous period of not less than twelve months; and
( iv) specific time period during which the taxpayer was prevented by the physical or mental impairment from managing his financial affairs, to the best of the physician's knowledge; and
(b) a written statement by the taxpayer or the person signing the claim for credit or refund that the person, including the taxpayer's spouse, was not authorized to act on his behalf in financial matters for the period during which he was unable to manage his own financial affairs. Alternatively, if a person was authorized to act on the taxpayer's behalf in financial matters during part of that period of disability, the statement must contain the beginning and ending dates of the period of time the person was authorized; and
(c) other information the department may require.
The department, in its discretion, may adopt a determination made by the Internal Revenue Service with respect to an individual, and may follow rules issued by the Internal Revenue Service or Department of Treasury with regard to interpreting Internal Revenue Code section 6511(h)."
SECTION 32. Section 12-54-200 of the 1976 Code is amended to read:
"Section 12-54-200. (a)(A) The department, at its discretion, after notification as provided in subsection (b) of this section, may require any a person subject to provisions of law administered by the department, not including Section 12-35-330, to post a cash or surety bond, deposit and maintain taxes due including associated penalties and interest in a separate account in a bank or other financial institution in this State, or both, if the person fails to file a timely return or pay any a tax for as many as two tax filing periods in a twelve-month period.
(B) The amount of the bond must be determined by the department and may not be greater than three times the estimated average liability each filing period of the person required to file the return. A cash bond must be held by the State Treasurer, without interest, as surety conditioned upon prompt payment of all taxes, penalties, and interest imposed by law upon the person.
(C) If a person is required to maintain a separate account, he must give the name of the financial institution, the account number, and other information the department requires. Taxes, penalties, and interest due must be withdrawn from the account by preprinted, consecutively numbered checks signed by a properly authorized officer, partner, manager, employee, or member of the taxpayer and made payable to the department. Monies deposited in the account may not be commingled with other funds. The department, at its discretion, may apply Section 12-54-250, if the amount due from the taxpayer is twenty thousand dollars or more.
(D) When any a person required to post a bond or maintain a separate account, or both, complies with all requirements of law and regulations for a period of twenty-four consecutive months, the department shall return the bond and cancel the bonding and separate account requirements.
(b)(E) The department shall may serve the notice required by subsection (b) of this section by certified mail, or by delivery by an authorized agent of the department delivering the notice to the person in hand or by leaving the notice at the person's last or usual place of abode or at his place of business or employment. For corporations, partnerships, or trusts, the notice may be delivered by certified mail, or by delivery by an authorized agent for of the department delivering the notice to an officer, partner, or trustee in hand, or by leaving the notice at the officer's, partner's, or trustee's last or usual place of abode or at his place of business or employment.
(F) A person who fails to comply with this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both. Offenses under this section are triable in magistrates court. These penalties are in addition to other penalties provided by law."
SECTION 33. Section 12-54-227(A)(2) of the 1976 Code is amended to read:
"(2) For purposes of this section, 'delinquent tax claim' means a tax liability that is due and owing for a period longer than six months and for which the taxpayer has been given at least three notices requesting payment and for any subsequent tax debts issued, one notice of which has been sent by certified or registered mail. The notice sent by certified or registered mail must include includes a statement that the taxpayer's delinquency may be referred to a collection agency in the taxpayer's home state."
SECTION 34. Section 12-54-240(B)(6) of the 1976 Code is amended to read:
"(6) disclosure of a deficiency assessment to a probate court or to an attorney conducting a closing, the filing of a tax lien for uncollected taxes, and the issuance of a notice of levy;"
SECTION 35. Section 12-56-120 of the 1976 Code is amended to read:
"Section 12-56-120. The department is and Internal Revenue Service are exempt from the notice and appeal procedures of this chapter. The sole and exclusive appeal procedures procedure for the setoff of any a 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. The appeal procedure in connection with a liability to the Internal Revenue Service is governed by Title 26 of the United States Code."
SECTION 36. Section 12-58-185(A) of the 1976 Code is amended to read:
"(A) The department, in its discretion, may accept installment payment for amounts due for a period not to exceed one year from the date the payment was due originally. Interest accrues during the installment period, pursuant to Section 12-54-25. In addition, the department may extend the time for payment of an amount due it for a period not to exceed eighteen months from the date fixed for the payment and, in exceptional cases, for a further period not to exceed twelve months. An extension under pursuant to this section may be granted only where if it is shown to the satisfaction of the department that the payment of the amount due it upon the date originally fixed for the payment will result in undue hardship to the taxpayer."
SECTION 37. Section 12-60-90(C) of the 1976 Code is amended to read:
"(C) Taxpayers may be represented during the administrative tax process by:
(1) the same individuals who can may represent them in administrative tax proceedings with the Internal Revenue Service pursuant to Section 10.3 (a), (b), and (c), Section 10.7 (a), (1) (c)(i) through (4) and (7) (c)(vi), and (c)(viii), and Section 10.7 (b) (d) and (c) (e) of United States Treasury Department Circular No. 230; and
(2) a real estate appraiser who is registered, licensed, or certified pursuant to Chapter 60 of Title 40 during the administrative tax process in a matter limited to questions concerning the valuation of real property."
SECTION 38. Section 4-37-30(A)(15) of the 1976 Code, as amended by Act 368 of 2000, is further amended to read:
"(15) The revenues of the tax collected in each county pursuant to 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 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 misallocations costs or refunds by adjusting later distributions, but these adjustments must be made in the same fiscal year as the misallocation misallocations. However, allocations made as a result of city or county code errors must be corrected prospectively."
SECTION 39. A. 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 applicable. The State Treasurer may correct misallocation misallocations costs or refunds by adjusting subsequent 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."
B. Section 6 of Act 588 of 1994, as last amended by Act 458 of 1998, is further amended by adding at the end:
"(D) Annually, in the month of June, funds collected by the Department of Revenue from the Cherokee County School District 1 School Bond-Property Tax Relief Act which are not identified as to the governmental unit due the tax after reasonable effort by the department to determine the source of collection must be transferred 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."
SECTION 40. A. Section 7A of Act 441 of 2000 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 administering the tax, not to exceed one percent of the revenues, the State Treasurer shall distribute the revenues quarterly to the county treasurer, who shall hold the debt service funds for payment of principal and interest on the bonds to which the tax is applicable. The State Treasurer may correct misallocation costs or refunds misallocations by adjusting subsequent 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."
B. Section 7 of Act 441 of 2000 is amended by adding at the end:
"(D) Annually, in the month of June, funds collected by the Department of Revenue from the Chesterfield County School District School Bond-Property Tax Relief Act which are not identified as to the governmental unit due the tax after reasonable effort by the department to determine the source of collection must be transferred 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."
SECTION 41. Section 12-4-580(D)(1) is amended to read:
"(1) 'governmental entity' means the State and any state agency, board, committee, department, department, private or public institution of higher learning; all political subdivisions of the State; and all federal agencies, boards, and departments. '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."
SECTION 42. Section 12-6-3360(B)(5) of the 1976 Code is amended by adding a lettered subitem to read:
"(e) For a job created in a county that is not traversed by an interstate highway, the credit allowed is one tier higher than the credit for which jobs created in the county would otherwise qualify. This subitem does not apply to a job created in a county eligible for a higher tier pursuant to another provision of this item."
SECTION 43. Section 12-56-20(4) of the 1976 Code, is amended by adding at the end:
"'Delinquent debt' also includes any fine, penalty, cost, fee, assessment, surcharge, service charge, restitution, or other amount imposed by a court or as a direct consequence of a final court order which is received by or payable to the clerk of the appropriate court or treasurer of the entity where the court is located."
SECTION 44. Chapter 56, Title 12 of the 1976 Code is amended by adding:
"Section 12-56-68. Debts imposed by a court or as a direct consequence of a final court order are not subject to the procedures in Sections 12-56-63 and 12-56-65."
SECTION 45. Chapter 43, Title 12 of the 1976 Code is amended by adding:
"Section 12-43-285. (A) The governing body of a political subdivision levying a property tax billed by the county auditor must certify in writing to the county auditor that the millage rate levied is in compliance with laws limiting the millage rate imposed by that political subdivision.
(B) If a millage rate is in excess of that authorized by law, the county treasurer must either issue refunds or transfer the total amount in excess of that authorized by law, upon collection, to a separate, segregated fund, which must be credited to taxpayers in the following year. An entity submitting a millage rate in excess of that authorized by law must pay the costs of implementing this subsection or a pro rata share of the costs if more than one entity submits the excessive millage rate."
SECTION 46. Section 4-1-170 of the 1976 Code is amended to read:
"Section 4-1-170. (A) By written agreement, counties may develop jointly an industrial or business park with other counties within the geographical boundaries of one or more of the member counties as provided in Section 13 of Article VIII of the Constitution of this State. The written agreement entered into by the participating counties must include provisions which:
(1) address sharing expenses of the park;
(2) specify by percentage the revenue to be allocated to each county;
(3) specify the manner in which revenue must be distributed to each of the taxing entities within each of the participating counties.
(B) For the purpose of bonded indebtedness limitation and for the purpose of computing the index of taxpaying ability pursuant to Section 59-20-20(3), allocation of the assessed value of property within the park to the participating counties and to each of the taxing entities within the participating counties must be identical to the allocation of revenue received and retained by each of the counties and by each of the taxing entities within the participating counties. Misallocations may be corrected by adjusting later distributions, but these adjustments must be made in the same fiscal year as the misallocations. Provided, however, that the computation of bonded indebtedness limitation is subject to the requirements of Section 4-29-68(E).
(C) If the industrial or business park encompasses all or a portion of a municipality, the counties must obtain the consent of the municipality prior to the creation of the multi-county industrial park."
SECTION 47. Section 12-44-80 of the 1976 Code is amended by adding:
"(C) Misallocations of the distribution of the fee payments on the project pursuant to this chapter may be corrected by adjusting later distributions, but these adjustments must be made in the same fiscal year as the misallocations."
SECTION 48. Section 4-12-30(K) of the 1976 Code is amended by adding:
"(4) Misallocations of the distribution of the fee-in-lieu of taxes on the project to this chapter may be corrected by adjusting later distributions, but these adjustments must be made in the same fiscal year as the misallocations."
SECTION 49. Section 12-39-250(B) of the 1976 Code is amended to read:
"(B) Notwithstanding any other provision of law, the county tax assessor or the County Board of Assessment Appeals, upon application of the taxpayer, must order the county auditor to make appropriate adjustments in the valuation and assessment of any owner-occupied real property and improvements which have sustained damage as a result of fire provided that the application for correction of the assessment is made prior to before payment of the tax."
SECTION 50. Section 12-51-90(B) of the 1976 Code, as last amended by Act 334 of 2000, is further amended to read:
"(B) The lump sum amount of interest is due on the whole amount of the delinquent tax sale based on the month during the redemption period the property is redeemed and that rate relates back to the beginning of the redemption period according to the following schedule:
Month of Redemption Period Amount of Interest Imposed
Property Redeemed
First three months three percent of the bid amount
Months four, five, and six six percent of the bid amount
Months seven, eight, and nine nine percent of the bid amount
Last three months twelve percent of the bid amount
However, in every redemption, the amount of interest due must not exceed the amount of the bid on the property submitted on behalf of the forfeited land commission pursuant to Section 12-51-55."
SECTION 51. A. Chapter 45 of Title 12 of the 1976 Code is amended by adding:
"Section 12-45-65. For purposes of collection of taxes on a hotel, rooming house, apartment, or timeshare unit rented or leased as a furnished unit, the estate includes both the real estate and the personal property it contains. The real property tax notice on the estate must describe the real estate, including a tax map number, and also include an identifiable description and value of the personal property it contains."
B. Section 12-49-40 of the 1976 Code is amended to read:
"Section 12-49-40. (A) All personal property subject to taxation shall be is liable to distress and sale for the payment of taxes, in the manner provided in this title, and all real property returned delinquent by the county treasurer upon which the taxes shall are not be paid by distress or otherwise shall must be seized and sold as provided in this title. The distress and sale of personal property shall is not be a condition precedent to seizure and sale of any real property under this title.
(B) For purposes of collection and enforcement of taxes on a hotel, rooming house, apartment, or timeshare unit rented or leased as a furnished unit, the estate includes both the real estate and the personal property it contains. The estate must be seized and sold as undivided real property as provided in this title for the sale to collect delinquent taxes on real property."
C. Section 12-51-50 of the 1976 Code, as last amended by Act 399 of 2000, is further amended to read:
"Section 12-51-50. The property duly advertised must be sold, by the person officially charged with the collection of delinquent taxes, at public auction at the courthouse or other convenient place within the county, if designated and advertised, on a legal sales date during regular hours for legal tender payable in full by cash, cashier's check, certified check, or money order on the date of the sale. If the defaulting taxpayer or the grantee of record of the property has more than one item advertised to be sold, as soon as sufficient funds have been accrued to cover all of the delinquent taxes, assessments, penalties, and costs, further items may not be sold; except that hotel, rooming house, apartment, or timeshare unit rented or lease as a furnished unit is deemed to be both the real estate and the personal property it contains. It must be sold as undivided real property."
D. Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-805. As an alternative to the procedures described in Section 12-37-760, if the owner of a hotel, rooming house, apartment, or timeshare unit rented or leased as a furnished unit fails to list, in any one year, personal property required by law to be listed, the auditor may return a statement of the personal property with the value being that of twice the average value of the reported personal property contained within similar units in the county."
SECTION 52. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 53. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed these sections, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 54. SECTIONS 1, 7, 10, 11, 12, and 13 of this act take effect July 1, 2001. SECTIONS 22, 23, 24, 25, and 26 take effect on the first day of the second month following approval by the Governor. The remaining SECTIONS of this act take effect upon approval by the Governor, and SECTIONS 2, 3, 4, 5, 6, 8, 9, 14, and 15 apply to taxable years beginning after December 31, 2000, SECTION 31 applies to tax periods beginning after December 31, 1997, SECTION 45 applies to property tax years beginning after December 31, 1999, and SECTION 51 applies beginning after December 31, 2001. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. R. SMITH explained the amendment.
The amendment was then adopted.
Rep. ROBINSON proposed the following Amendment No. 2 (Doc Name COUNCIL\DKA\AMEND\4329MM01), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Section 33-44-211(c) of the 1976 Code, as last amended by Act 395 of 2000, is further amended to read:
"(c) The first annual report must be delivered to the Secretary of State between January first and April first of the year following the calendar year in which a limited liability company was organized or a foreign company was authorized to transact business. Subsequent annual reports must be delivered to the Secretary of State on or before the fifteenth day of the third fourth month following the close of the taxable year." /
Renumber sections to conform.
Amend title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
Rep. ROBINSON explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3718 (Word version) -- Reps. Kelley, Allison, Barfield, Barrett, Edge, Frye, Keegan, Kirsh, Knotts, Koon, Leach, Loftis, Riser, Robinson, Sandifer, Snow, Trotter, Vaughn, Walker, Webb, Whatley, White, A. Young, Bowers and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 SO AS TO ENACT THE LAW ENFORCEMENT OFFICER RETENTION INCENTIVE PROGRAM AND PROVIDE FOR ITS OPERATION; AND TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO EXEMPT PARTICIPANTS IN THE LAW ENFORCEMENT OFFICER RETENTION INCENTIVE PROGRAM.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name BBM\AMEND\10183HTC01):
Amend the bill, as and if amended, in Section 9-11-810(A) as contained in SECTION 1, page 1, by inserting before /who/ on line 31 /, other than an elected official, / so that when amended, Section 9-11-810(A) reads:
/ (A) An active contributing member, other than an elected official, who is eligible for service retirement under this chapter and complies with the requirements of this article may participate in the Law Enforcement Officer Retention Incentive Program (program) when offered this employment program by an employer participating in the system. Eligibility for participation occurs upon mutual agreement of the employee and employer. A member participating in this program retires for the purposes of the system, and the member's normal retirement benefit is calculated on the basis of the member's average final compensation and service credit at the time the program period begins. A member is ineligible to participate in the program after receiving a normal retirement benefit from the system. The program participant shall agree to continue employment with an employer or employers participating in the system for a specified program period, but the total program period regardless of the number of employers may not exceed five years from the time the program begins. A break in service while participating in the program ends the program for the participant. The member shall notify the system of the length of the program period before the beginning of the program period and of any change in employer while in the program. Participation in the program does not guarantee employment for the specified program period. /
Renumber sections to conform.
Amend title to conform.
Rep. RISER explained the amendment.
Rep. BALES made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3175 (Word version) -- Reps. Clyburn, Wilder, Cobb-Hunter and Whipper: A BILL TO AMEND SECTION 9-1-1795, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM THE EARNINGS LIMITATION FOR RETIRED CERTIFIED TEACHERS EMPLOYED IN GEOGRAPHIC OR CRITICAL ACADEMIC NEED AREAS, SO AS TO PROVIDE THAT BEGINNING JUNE 1, 2001, ANY RETIRED CERTIFIED SCHOOL DISTRICT EMPLOYEE WHO IS NOT A CERTIFIED TEACHER MAY RETURN TO SUCH CERTIFIED EMPLOYMENT IN A SCHOOL OR SCHOOL DISTRICT WHICH IS IN A CRITICAL GEOGRAPHIC NEED AREA, WHICH HAS RECEIVED A "BELOW AVERAGE" OR "UNSATISFACTORY" ACADEMIC PERFORMANCE RATING PURSUANT TO THE EDUCATION ACCOUNTABILITY ACT, OR WHICH HAS BEEN DECLARED "IMPAIRED" AS PROVIDED BY LAW WITHOUT AFFECTING THE MONTHLY ALLOWANCE HE OR SHE IS RECEIVING FROM THE SYSTEM, AND TO PROVIDE THAT BEGINNING JUNE 1, 2001, A CERTIFIED TEACHER ALSO MAY RETURN TO TEACH IN THE CLASSROOM IN HIS AREA OF CERTIFICATION IN A SCHOOL OR SCHOOL DISTRICT WHICH HAS RECEIVED A "BELOW AVERAGE" OR "UNSATISFACTORY" ACADEMIC PERFORMANCE RATING PURSUANT TO THE EDUCATION ACCOUNTABILITY ACT, OR WHICH HAS BEEN DECLARED "IMPAIRED" AS PROVIDED BY LAW.
Rep. RHOAD made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 163 (Word version) -- Senators Martin and Reese: A BILL TO AMEND SECTIONS 9-1-1790 AND 9-11-90, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM AMOUNT WHICH MAY BE EARNED WITHOUT AFFECTING RETIREMENT BENEFITS BY RETIREES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT, SO AS TO PERMANENTLY INCREASE THE MAXIMUM FROM TWENTY-FIVE THOUSAND DOLLARS TO FIFTY THOUSAND DOLLARS IN A FISCAL YEAR.
Rep. RHOAD made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3695 (Word version) -- Reps. Rodgers, Allison, Freeman, Haskins, Hinson, Lee, Martin, Miller, Moody-Lawrence, Parks, Stuart, A. Young, Cobb-Hunter, Gilham and Meacham-Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-4-160 SO AS TO ESTABLISH THE DOMESTIC VIOLENCE FUND WITHIN THE STATE TREASURY TO BE ADMINISTERED BY THE DEPARTMENT OF SOCIAL SERVICES FOR THE PURPOSE OF AWARDING GRANTS TO DOMESTIC VIOLENCE CENTERS AND PROGRAMS IN THE STATE THAT MEET CERTAIN CRITERIA; TO ADD SECTION 20-1-375 SO AS TO INCREASE THE MARRIAGE LICENSE FEE BY TWENTY DOLLARS WHICH MUST BE CREDITED TO THE DOMESTIC VIOLENCE FUND; AND TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO VARIOUS FEES TO BE COLLECTED BY CLERKS OF COURT, SO AS TO INCREASE THE FILING FEE FOR DIVORCE OR SEPARATE MAINTENANCE ACTIONS BY TWENTY DOLLARS WHICH ALSO MUST BE CREDITED TO THE DOMESTIC VIOLENCE FUND.
Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3116 (Word version) -- Reps. Keegan, Altman, Whatley, Owens, Whipper, Robinson, Bowers and Knotts: A BILL TO AMEND SECTION 12-6-1140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO INCREASE FROM FIVE DOLLARS A DAY TO TEN DOLLARS A DAY THE SUBSISTENCE ALLOWANCE DEDUCTION ALLOWED FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT OFFICERS AND FULL-TIME FIREFIGHTERS AND EMERGENCY MEDICAL SERVICE PERSONNEL.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name GJK\AMEND\20530HTC01), which was adopted:
Amend the bill, as and if amended, page 1, SECTION 2, line 37, by striking / 2000 / and inserting / 2001 / so that when amended SECTION 2 reads:
SECTION 2. Upon approval by the Governor, this act is effective for taxable years beginning after 2001.
Renumber sections to conform.
Amend totals and title to conform.
Rep. VAUGHN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3885 (Word version) -- Reps. Meacham-Richardson, Simrill, Kirsh and Vaughn: A BILL TO AMEND SECTION 12-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM DEED RECORDING FEES AND SECTION 12-36-2120, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO PROVIDE EXEMPTIONS FROM SALES TAX AND DEED RECORDING FEES FOR SALES, EXCHANGES, AND TRANSFERS OF ELECTRIC TRANSMISSION FACILITIES; AND TO AMEND SECTION 12-6-3410, RELATING TO THE CORPORATE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO ALLOW CERTAIN LIMITED LIABILITY COMPANIES TO BE TREATED AS CORPORATIONS FOR THIS PURPOSE.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name BBM\AMEND\10222HTC01):
Amend the bill, as and if amended, by striking Section 12-24-40(15), as contained in SECTION 1, page 1, and inserting:
/ (15) transferring title to facilities for transmitting electricity that is transferred, sold, or exchanged by electrical utilities, municipalities, electric cooperatives, or political subdivisions to a limited liability company which is subject to regulation under the Federal Power Act (16 U.S.C. Section 791(a)) and which is formed to operate or to take functional control of electric transmission assets as defined in the Federal Power Act; /
Amend further, as and if amended, by striking Section 12-36-2120(59), as contained in SECTION 2, page 1, and inserting:
/ (59) facilities for transmitting electricity that is transferred, sold, or exchanged by electrical utilities, municipalities, electric cooperatives, or political subdivisions to a limited liability company which is subject to regulation under the Federal Power Act (16 U.S.C. Section 791(a)) and which is formed to operate or to take functional control of electric transmission assets as defined in the Federal Power Act; /
Amend further, in Section 12-6-3410(J)(9), as contained in SECTION 3, page 2, line 3, by striking / only / and inserting / also / so that when amended, Section 12-6-3410(J)(9) reads:
/(9) 'corporation', 'corporate', 'company', and 'taxpayer' for purposes of this section also include a limited liability company which is subject to regulation under the Federal Power Act (16 U.S.C. Section 791a) and which is formed to operate or to take functional control of electric transmission assets as defined in the Federal Power Act regardless of whether the limited liability company is treated as a partnership or as a corporation for South Carolina income tax purposes. If treated as a partnership, a limited liability company that qualifies for a credit under this section passes the credit through to its members in proportion to their interests in the limited liability company. Each member's share of the credit is nonrefundable, but is allowed as a credit against any tax under Section 12-6-530 or Section 12-20-50. Each member may carry any unused credit forward as provided in subsection (F). The limited liability company may not carry forward a credit that passes through to its members. /
Amend title to conform.
Rep. MEACHAM-RICHARDSON explained the amendment.
Rep. WALKER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3163 (Word version) -- Reps. Wilkins, Campsen, Wilder, Jennings, Coates, Whatley, Cobb-Hunter, Altman, Owens, Lourie, McLeod, Bowers and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3535, SO AS TO ENACT THE "SOUTH CAROLINA HISTORIC REHABILITATION INCENTIVES ACT" WHICH PROVIDES AN INCOME TAX CREDIT FOR EXPENDITURES TO REHABILITATE HISTORIC STRUCTURES, WHICH PROVIDES FOR THE CARRY FORWARD OF UNUSED CREDIT, AND WHICH AUTHORIZES THE DEPARTMENT OF ARCHIVES AND HISTORY AND THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THIS SECTION.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name BBM\AMEND\10217HTC01):
Amend the bill, as and if amended, by striking the second paragraph of Section 12-6-3535(B)(3), as contained in SECTION 2, page 3, beginning on line 13, and inserting:
/ 'Rehabilitation expenses' do not include the cost of acquiring or marketing the property, the cost of new construction beyond the volume of the existing building, the value of an owner's personal labor, or the cost of personal property. /
Amend title to conform.
Rep. VAUGHN explained the amendment.
Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3755 (Word version) -- Reps. Wilkins, Harrell, Quinn, W. D. Smith, Campsen and Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 2-7-130, 2-15-140, AND 11-11-75 SO AS TO PROVIDE THAT A PROVISION ADDING TO, AMENDING, OR REPEALING A PART OF THE GENERAL AND PERMANENT LAW OF THE STATE MUST NOT BE INCLUDED IN THE ANNUAL GENERAL APPROPRIATIONS BILL OR ANY BILL OR JOINT RESOLUTION MAKING SUPPLEMENTAL APPROPRIATIONS, TO CREATE A DIVISION WITHIN THE LEGISLATIVE AUDIT COUNCIL TO CONDUCT EVALUATIONS OF PROGRAMS OF STATE AGENCIES AND DEPARTMENTS TO DETERMINE IF THESE PROGRAMS HAVE OUTLIVED THEIR USEFULNESS OR SHOULD BE CHANGED TO ADDRESS THE PRIORITIES AND NEEDS OF THE CITIZENS THEY AFFECT, PROVIDE FOR A PROCEDURE FOR THE INITIATION OF A REVIEW, AND PROVIDE FOR ITS FINDINGS AFTER A REVIEW HAS BEEN COMPLETED, AND TO REQUIRE THE GOVERNOR IN THE PREPARATION OF THE ANNUAL RECOMMENDED STATE BUDGET TO APPLY "ZERO-BASE" BUDGETING PRINCIPLES AND TO REQUIRE THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE IN THE CONSIDERATION OF THE ANNUAL GENERAL APPROPRIATIONS BILL AND BILLS OR JOINT RESOLUTIONS MAKING SUPPLEMENTAL APPROPRIATIONS TO APPLY "ZERO-BASE" BUDGETING PRINCIPLES.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name BBM\AMEND\10219HTC01):
Amend the bill, as and if amended, by striking Section 2-7-130, as contained in SECTION 1, page 2, and inserting:
/Section 2-7-130. There must not be included in the Governor's recommended budget or in the annual general appropriations bill or in any bill or joint resolution making supplemental appropriations a provision:
(1) adding to the general and permanent law of the State;
(2) amending the general and permanent law of the State, not including amendments applying only for the duration of the fiscal year or for the life of the affected appropriation;
(3) repealing any part of the general and permanent law of the State.
The prohibition imposed by this section does not apply to a provision imposing, amending, or repealing a tax. /
Amend further, as and if amended, by striking SECTION 2 and inserting:
/ SECTION 2. Title 2, Chapter 15 of the 1976 Code is amended by adding:
"Section 2-15-140. (A) As used in this section:
(1) 'Agency' means a state agency, board, committee, commission, institution, or other subdivision of state government.
(2) 'Committee' means the committee established pursuant to subsection (B) of this section.
(3) 'Council' means the Legislative Audit Council.
(4) 'Evaluation' means the audit and review conducted by the Legislative Audit Council pursuant to Section 2-15-140(C).
(5) 'Zero-base budget' means an agency budget prepared applying the principles established pursuant to subsection (D) of this section.
(6) 'Zero-Base Budget Review' means the review of an agency's zero-base budget request using the methodology established pursuant to subsection (D) of this section.
(B)(1) There is established the Joint Zero-Base Budget and Agency Evaluation Selection Committee consisting of ten members of the General Assembly as follows:
(a) three members of the House Ways and Means Committee, appointed by that committee's chairman;
(b) three members of the Senate Finance Committee, appointed by that committee's chairman;
(c) two members of the House of Representatives who do not serve on the Ways and Means Committee, appointed by the Speaker of the House; and
(d) two members of the Senate who do not serve on the Finance Committee, appointed by the President Pro Tempore of the Senate.
Members serve ex officio and shall serve for terms coterminous with their legislative terms. Vacancies must be filled in the manner of original appointments. The committee shall elect a chairman, who shall serve for the duration of a General Assembly. The chairmanship for each General Assembly must alternate between a house member and a senator.
(2) The committee annually shall select state agencies for evaluation and zero-base budgeting during times the committee establishes. An agency budget submitted while an agency is undergoing evaluation must be prepared in the form of a zero-base budget and reviewed accordingly by the Governor and the Office of State Budget and the House Ways and Means Committee and Senate Finance Committee. The council may assess an agency selected for evaluation and zero-base budgeting an audit fee not to exceed one-half of one percent of the agency's budget which must be transferred to approved accounts of the council.
(C)(1) There is created within the Legislative Audit Council a government review division whose purpose is to conduct evaluations of programs of state agencies and departments to determine whether these programs have outlived their usefulness or should be changed to address the priorities and needs of the state's citizens and the General Assembly.
(2) In conducting these evaluations, the review division shall consider the mission of the agency, as defined by the General Assembly, and how the programs fulfill that mission. The review division may consider, but is not limited to, evaluation of the following matters:
(a) the economic, fiscal, and other impacts that would occur in the absence of the administering of the programs or functions of the agency under review;
(b) the overall cost, including manpower, of the agency under review;
(c) the efficiency of the administration of the programs or functions of the agency under review, including the management process and structure;
(d) the extent to which the programs under review have encouraged the participation of the public and have provided service to the state's citizens;
(e) the extent to which the programs duplicate the services, functions, and programs administered by any other state, federal, or other agency or entity;
(f) the extent to which the programs under review have complied with all applicable state, federal, and local statutes, and regulations;
(g) an identification of the objectives intended for the programs, including a review of the agency's annual accountability report, and the problems or needs that the programs were intended to address, the extent to which the objectives have been achieved, and any activities of the programs in addition to those granted by statute and the authority for these activities;
(3) After making its review and evaluation, the division shall hold a public hearing receiving testimony from the public, the executive administration and other personnel of the program of the agency under review and any other interested parties. The division shall consider the fiscal and economic impact of the program and any other relevant issues. In the hearing, the agency providing the program has the burden of demonstrating a public need for the program's continued existence. The standing committee chairmen, as designated in item (4) of this subsection, shall sit in conjunction with the division at these hearings. Pursuant to any other research or inquiries it deems appropriate, the division shall report its findings and conclusions to the presiding officers of the Senate and the House. The presiding officers shall refer the report to the standing committees most concerned with the program of the agency.
(4) Upon selection of an agency for evaluation, the division, and those chairmen of the standing committees that have jurisdiction over particular agencies whose programs are under review, as designated by the President Pro Tempore of the Senate and the Speaker of the House, shall meet and develop a criteria format and procedure for review of the programs and establish a termination schedule for the programs of the agencies which are not considered worthy of continuation.
(5) Separate legislation enacted by the General Assembly shall establish the programs of agencies to be reviewed and the termination date for those programs. Once the General Assembly has established a termination date for a program of an agency, the General Assembly may, at any time, by joint resolution, delete, substitute, add, or otherwise alter the termination schedule of the programs of the agencies.
(6) The existence of a program of an agency that is scheduled for termination under the provisions of this section may be reauthorized by the General Assembly for periods not to exceed five years, excluding the year of termination. A council review of an agency scheduled for termination is not required, but may be directed by the committee.
(7) The review and evaluation prepared by the council must be forwarded to the Governor, Ways and Means Committee, and Senate Finance Committee.
(D)(1) A zero-base budget is an agency budget developed using a process of preparing an operating plan or budget that starts with no authorized or appropriated funds. In a zero-based budget, each activity to be funded must be justified as the budget is prepared.
(2) In compliance with current literature on zero-base budgeting, the Office of State Budget of the State Budget and Control Board shall develop a format and criteria for an agency selected by the committee to use in preparing its zero-base budget for submission. /
Amend further, page 4, by striking SECTIONS 3 and 4 and inserting:
/ SECTION 3. Notwithstanding the provisions of Section 2-15-140(B) of the 1976 Code as added by this act, and for calendar year 2001 only, the Joint Zero-Base Budget and Agency Evaluation Selection Committee shall:
(1) before August, 2001, select four agencies for zero-base budget submission. These agencies are not subject to the evaluation otherwise required pursuant to Section 2-15-140(C) of the 1976 Code as added by this act, but they must make their zero-base budget submission to the Office of State Budget before November, 2001. The Governor is not required to apply zero-base budget principles in his recommended 2002-2003 fiscal year budget for these agencies;
(2) before August, 2001, select additional agencies subject to both the evaluation and zero-base budget requirement of Section 2-15-140 of the 1976 Code as added by this act, and the agencies selected shall make their zero-base budget submission before October, 2002.
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. VAUGHN explained the amendment.
Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. HARVIN moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 3997 (Word version) -- Reps. J. Brown, Scott, Wilkins, Cato, Lee, J. Hines, Govan, Howard, J. H. Neal, Rutherford, Lourie, Kennedy, Hosey, Clyburn, Weeks, M. Hines, Moody-Lawrence, Whipper, Allen, Breeland, G. Brown, Cobb-Hunter, Davenport, Easterday, Gourdine, Hamilton, Haskins, Leach, Lloyd, Loftis, Mack, Parks, Rice, Robinson, F. N. Smith, Trotter, Vaughn and Webb: A CONCURRENT RESOLUTION TO COMMEND MR. ROBERT PEABO BRYSON OF GREENVILLE, SOUTH CAROLINA, FOR HIS EXCEPTIONAL TALENTS AND ACCOMPLISHMENTS IN THE FIELD OF CONTEMPORARY MUSIC AND TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY FOR MR. BRYSON'S AGREEING TO PERFORM AT THE ANNUAL LEGISLATIVE BLACK CAUCUS GALA TO BE HELD AT THE KOGER CENTER IN COLUMBIA ON JUNE 16, 2001.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 628 (Word version) -- Senator Rankin: A CONCURRENT RESOLUTION TO CONGRATULATE THE DUNES GOLF AND BEACH CLUB OF MYRTLE BEACH ON COMPLETING RENOVATIONS TO THE HISTORIC CLUB'S CLUBHOUSE FACILITIES AND TO OFFER BEST WISHES TO THE CLUB'S OFFICERS, DIRECTORS, TRUSTEES AND MEMBERS DURING THE DEDICATION CELEBRATION OF THE NEW FACILITIES APRIL 26-27, 2001.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3998 (Word version) -- Reps. Limehouse, Sharpe, Rhoad, Scarborough, R. Brown, Cato, Meacham-Richardson and J. R. Smith: A JOINT RESOLUTION TO PROVIDE THAT A PERSON MAY NOT OWN, POSSESS, OR OPERATE USED FARM EQUIPMENT THAT WAS IMPORTED FROM A COUNTRY DETERMINED TO BE A THREAT FOR THE SPREAD OF HOOF AND MOUTH DISEASE, TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE MUST SEIZE AND DISPOSE OF ANY EQUIPMENT THAT VIOLATES THE PROVISIONS OF THIS JOINT RESOLUTION, AND TO PROVIDE THAT ONCE THE FEDERAL GOVERNMENT DETERMINES A COUNTRY IS CLEAR OF A THREAT OF THIS DISEASE, THEN THE STATE'S BAN ON THE OWNERSHIP, POSSESSION, OR USE OF EQUIPMENT IMPORTED FROM THAT COUNTRY IS RESCINDED.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3999 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 1-23-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO REVISE THE DEFINITIONS FOR "AGENCY" AND "CONTESTED CASE" TO INCLUDE A PERSON CHALLENGING THE DENIAL BY A PUBLIC BODY OF THE RELEASE OF A PUBLIC RECORD UNDER THE FREEDOM OF INFORMATION ACT; TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO THE JURISDICTION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO ADD JURISDICTION TO HEAR PROCEEDINGS BROUGHT WHEN A PERSON CHALLENGES THE DENIAL OF A REQUEST TO RELEASE PUBLIC RECORDS; TO AMEND SECTION 30-4-30, AS AMENDED, RELATING TO THE FREEDOM OF INFORMATION ACT AND THE PUBLIC'S RIGHT TO INSPECT OR COPY PUBLIC RECORDS, SO AS TO PROVIDE A SHORTER TIME FRAME FOR REQUESTS TO BE ANSWERED, TO PROVIDE THAT THE FAILURE TO RESPOND BARS THE ASSERTION OF A CLAIM OF EXEMPTION FROM DISCLOSURE EXCEPT IN LIMITED CIRCUMSTANCES, TO PROVIDE THAT WHEN A REQUEST IS GRANTED THE DOCUMENTS MUST BE MADE AVAILABLE IMMEDIATELY, AND TO PROVIDE THAT A REQUESTER WHOSE REQUEST FOR RECORDS IS DENIED MAY FILE A CONTESTED CASE PROCEEDING BEFORE THE ADMINISTRATIVE LAW JUDGE DIVISION AND, IF THE JUDGE RULES THE REQUEST MUST BE GRANTED, BE AWARDED ATTORNEY'S FEES AND COSTS FOR THE PROCEEDING BEFORE THE DIVISION; AND TO AMEND SECTION 30-4-100, RELATING TO THE COURT'S JURISDICTION UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO ADD JURISDICTION OF THE ADMINISTRATIVE LAW JUDGE DIVISION TO HEAR CERTAIN CASES.
Referred to Committee on Judiciary
H. 4000 (Word version) -- Reps. Robinson, Cato and Rice: A BILL TO AMEND CHAPTER 22, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENGINEERS AND LAND SURVEYORS, BY ADDING SECTION 40-22-285 RELATING TO ACTIONS AGAINST REGISTERED SURVEYORS OR THEIR EMPLOYEES ENGAGED IN THE PRACTICE OF LAND SURVEYING; TO AMEND SECTION 15-3-640, RELATING TO ACTIONS BASED UPON THE DEFECTIVE OR UNSAFE CONDITION OF AN IMPROVEMENT TO REAL PROPERTY, SO AS TO REMOVE SURVEYING AS AN IMPROVEMENT TO REAL PROPERTY INCLUDED IN THIS SECTION; AND TO AMEND SECTION 15-3-670, RELATING TO WHEN THE LIMITATIONS PROVIDED BY SECTION 15-3-640 ARE NOT AVAILABLE AS A DEFENSE, SO AS TO REMOVE SURVEYING AND LAND SURVEYING.
Referred to Committee on Labor, Commerce and Industry
H. 4001 (Word version) -- Reps. Robinson, Rice and Trotter: A BILL TO AMEND SECTION 42-1-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "INJURY" AND "PERSONAL INJURY" FOR PURPOSES OF THE WORKERS' COMPENSATION LAW, SO AS TO CONFORM THESE DEFINITIONS TO THE PROVISIONS OF SECTION 42-1-161, AND TO AMEND THE 1976 CODE BY ADDING SECTION 42-1-161 SO AS TO PROVIDE THE CONDITIONS UNDER WHICH CERTAIN EMPLOYMENT RELATED INJURIES, PERSONAL INJURIES, OR DISEASES RESULTING FROM A SERIES OF EVENTS OF A LIKE NATURE OVER CONTINUOUS INTERVALS SHALL BE COMPENSABLE AS AN "INJURY BY ACCIDENT".
Referred to Committee on Labor, Commerce and Industry
H. 4002 (Word version) -- Reps. M. Hines, Jennings, Hayes, Battle, Knotts, Cotty, Meacham-Richardson, Simrill, Lourie, Clyburn, J. Hines, Martin, Miller, J. E. Smith, Allison, Barfield, Breeland, R. Brown, Cato, Freeman, Gilham, Gourdine, Harrison, Hinson, Hosey, Howard, Keegan, Kelley, Kirsh, Limehouse, Littlejohn, Lloyd, J. M. Neal, Perry, Rivers, Rodgers, Scarborough, Scott, Snow, Stille, Talley, Trotter, Wilkins and A. Young: A BILL TO AMEND CHAPTER 1, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE BY ADDING SECTION 46-1-160 SO AS TO PROVIDE FOR A MORATORIUM ON THE CONSTRUCTION OR EXPANSION OF SWINE FARMS, SWINE HOUSES, AND ON LAGOONS AND ANIMAL WASTE MANAGEMENT SYSTEMS FOR SWINE FARMS AND SWINE HOUSES, AND ON THE ISSUANCE OF ANY PERMIT REQUIRED FOR THE CONSTRUCTION OR EXPANSION OF SWINE FARMS, SWINE HOUSES, AND ON LAGOONS AND ANIMAL MANAGEMENT SYSTEMS FOR SWINE FARMS AND SWINE HOUSES UNTIL AND UNLESS OTHERWISE PROVIDED BY LAW, AND TO PROVIDE CERTAIN EXEMPTIONS FROM THE MORATORIUM; AND BY ADDING SECTION 46-1-170 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO USE, CONSTRUCT, OR EXPAND A LAGOON AS PART OF OR AS A COMPONENT OF AN ANIMAL WASTE MANAGEMENT SYSTEM FOR A SWINE FARM OR SWINE HOUSE IN THIS STATE, AND TO PROVIDE THIS SECTION DOES NOT APPLY TO THE USE OF EXISTING LAGOONS.
Rep. MEACHAM-RICHARDSON asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. WITHERSPOON objected.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4003 (Word version) -- Reps. Barfield, Limehouse, Whipper, Allison, Askins, Bales, Barrett, Battle, Bingham, Bowers, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Dantzler, Davenport, Delleney, Edge, Emory, Fleming, Freeman, Frye, Gilham, Govan, Hamilton, Harrell, Harvin, Hayes, J. Hines, Hosey, Jennings, Keegan, Kelley, Kirsh, Klauber, Knotts, Koon, Leach, Lee, Lloyd, Loftis, Lucas, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. M. Neal, Ott, Owens, Parks, Phillips, Rhoad, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Sharpe, Sheheen, D. C. Smith, F. N. Smith, J. R. Smith, Stille, Taylor, Thompson, Tripp, Vaughn, Webb, Weeks, Whatley, White, Witherspoon and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-280 TO ENACT THE "ACCESS TO MEDICAL TREATMENT ACT" SO AS TO PROVIDE THAT INDIVIDUALS HAVE THE RIGHT TO BE PROVIDED WITH EXPERIMENTAL OR NONCONVENTIONAL MEDICAL TREATMENT FOR A POTENTIALLY LIFE THREATENING OR CHRONICALLY DISABLING DISEASE IF THE TREATING PHYSICIAN AGREES TO THE TREATMENT, TO PROVIDE CONDITIONS UNDER WHICH A PHYSICIAN MAY PROVIDE SUCH TREATMENT, AND TO PROVIDE THAT TREATING A PERSON IN COMPLIANCE WITH THIS SECTION IS NOT IN ITSELF UNPROFESSIONAL CONDUCT.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4004 (Word version) -- Reps. Bingham, Koon, Knotts, Riser and Stuart: A BILL TO AMEND SECTION 61-6-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROXIMITY REQUIREMENTS FOR ESTABLISHMENTS AND PLACES OF BUSINESS WITH LIQUOR LICENSES, SO AS TO EXTEND THESE REQUIREMENTS TO PUBLIC LIBRARIES AND TO DEFINE PUBLIC LIBRARIES FOR THIS PURPOSE.
Referred to Committee on Judiciary
Rep. HARVIN moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3973 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE PAT HEWITT, OF HARTSVILLE HIGH SCHOOL, FOR BEING NAMED NATIONAL PHYSICAL EDUCATION TEACHER OF THE YEAR, AND TO THANK HER FOR HER DEDICATION TO THE DEVELOPMENT OF HARTSVILLE HIGH SCHOOL STUDENTS' PHYSICAL EDUCATION.
H. 3981 (Word version) -- Reps. Jennings and Freeman: A CONCURRENT RESOLUTION TO COMMEND THE PLAYERS, COACHES, AND STAFF OF THE VARSITY MEN'S BASKETBALL TEAM OF MARLBORO COUNTY HIGH SCHOOL FOR A REMARKABLE SEASON OF SPIRITED COMPETITION AND TO CONGRATULATE THE BULLDOGS ON WINNING THE 2001 SOUTH CAROLINA CLASS AAAA MEN'S BASKETBALL STATE CHAMPIONSHIP.
H. 3984 (Word version) -- Reps. Huggins and Quinn: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE DEPUTY CHIEF GREG MUNDY AND LIEUTENANT KEVIN SWAIM OF THE IRMO FIRE DISTRICT FOR THE HEROISM AND BRAVERY THEY DISPLAYED BY ENTERING A BURNING RESIDENTIAL STRUCTURE, LOCATING, AND RESCUING TWO TRAPPED VICTIMS AND TO RECOGNIZE THAT THE OFFICERS HAVE RECEIVED HEROISM AWARDS FROM FIREHOUSE MAGAZINE FOR THEIR COURAGEOUS EFFORTS.
H. 3985 (Word version) -- Reps. Whatley, Knotts, Dantzler, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MEMBERS OF THE NORTH CHARLESTON FIRE DEPARTMENT FOR THE HEROISM AND BRAVERY THEY DISPLAYED ENTERING A BURNING RESIDENTIAL STRUCTURE AND LOCATING, RESCUING, AND RESUSCITATING AN UNCONSCIOUS FEMALE VICTIM AND HER PETS, AND TO RECOGNIZE THE HEROISM AWARDS EACH FIREFIGHTER AND THE DEPARTMENT RECEIVED FROM FIREHOUSE MAGAZINE.
At 1:10 p.m. the House, in accordance with the motion of Rep. MARTIN, adjourned in memory of Mary M. Hughes, to meet at 10:00 a.m. tomorrow.
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