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A299, R432, H4968
STATUS INFORMATION
General Bill
Sponsors: Reps. Limehouse, Harrell, J.E. Smith, Cato, Ceips, Clyburn, Edge, Herbkersman, Hinson, Lourie, Neilson, Cobb-Hunter, Lloyd, Gourdine, J.H. Neal, Parks and Bowers
Document Path: l:\council\bills\swb\5930cm04.doc
Companion/Similar bill(s): 1057
Introduced in the House on March 17, 2004
Introduced in the Senate on April 14, 2004
Last Amended on June 2, 2004
Passed by the General Assembly on June 3, 2004
Governor's Action: August 16, 2004, Signed
Summary: Motion Picture Incentive Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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3/17/2004 House Introduced and read first time HJ-53
3/17/2004 House Referred to Committee on Ways and Means HJ-54
3/23/2004 House Member(s) request name added as sponsor: Cobb-Hunter,
Lloyd, Gourdine, J.H.Neal, Parks
4/1/2004 House Committee report: Favorable with amendment Ways and
Means HJ-6
4/5/2004 Scrivener's error corrected
4/13/2004 House Member(s) request name added as sponsor: Bowers
4/13/2004 House Amended HJ-31
4/13/2004 House Read second time HJ-43
4/14/2004 House Read third time and sent to Senate HJ-21
4/14/2004 Senate Introduced and read first time SJ-8
4/14/2004 Senate Referred to Committee on Finance SJ-8
4/14/2004 Scrivener's error corrected
5/19/2004 Senate Committee report: Favorable with amendment Finance SJ-43
5/27/2004 Senate Committee amendment amended SJ-220
5/27/2004 Senate Read second time SJ-220
5/27/2004 Senate Ordered to third reading with notice of amendments SJ-220
6/2/2004 Senate Amended SJ-98
6/2/2004 Senate Read third time and returned to House with amendments
SJ-98
6/3/2004 House Concurred in Senate amendment and enrolled HJ-71
6/3/2004 Ratified R 432
8/16/2004 Signed By Governor
8/19/2004 Copies available
8/19/2004 Effective date 07/01/04
8/24/2004 Act No. 299
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
3/17/2004
4/1/2004
4/5/2004
4/13/2004
4/14/2004
5/19/2004
5/27/2004
6/2/2004
(A299, R432, H4968)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 TO TITLE 12 SO AS TO ENACT THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, PROVIDING FOR NEW TAX INCENTIVES FOR MOTION PICTURE PRODUCTION COMPANIES SPENDING MONIES IN SOUTH CAROLINA, SPECIFICALLY, RELIEF FROM THE SALES AND USE TAX, AN EMPLOYMENT TAX REBATE, AND A SEVEN PERCENT REBATE OF THE COST OF GOODS AND SERVICES, AS WELL AS ASSISTANCE AND CONVENIENCE IN LOCATING, AND NEGOTIATING RATES FOR THE USE OF, PUBLIC PROPERTY AS FILMING LOCATIONS, AUTHORIZATION OF THE FORMATION OF A SOUTH CAROLINA FILM FOUNDATION TO SOLICIT DONATIONS FOR THE RECRUITMENT OF MOTION PICTURE PRODUCTIONS TO THIS STATE, AND FUNDING FROM A PORTION OF THE ADMISSIONS TAX COLLECTED BY THE STATE TO SUPPORT THE FUNCTIONS OF THE SOUTH CAROLINA FILM COMMISSION IN THESE EFFORTS, AND TO PROVIDE FOR PROMOTION OF COLLABORATIVE EFFORTS BETWEEN STATE INSTITUTIONS OF HIGHER LEARNING AND MOTION PICTURE RELATED ENTITIES; TO AMEND ARTICLE 25, CHAPTER 6 OF TITLE 12, RELATING TO SOUTH CAROLINA INCOME TAX CREDITS, BY ADDING SECTION 12-6-3560 SO AS TO PROVIDE FOR A CREDIT AGAINST THE STATE INCOME TAX TO ENCOURAGE THE PRODUCTION OF TELEVISED COMMERCIAL ADVERTISEMENTS IN THIS STATE, AND BY ADDING SECTION 12-6-3570 SO AS TO PROVIDE FOR CREDITS AGAINST THE STATE INCOME TAX FOR A PORTION OF THE TAXPAYER'S CASH INVESTMENT IN A COMPANY THAT PRODUCES A MOTION PICTURE PROJECT OR IN A COMPANY THAT CONSTRUCTS, CONVERTS, AND EQUIPS A MOTION PICTURE PRODUCTION OR POST-PRODUCTION FACILITY IN THIS STATE; TO AMEND SECTION 12-36-920, RELATING TO THE ACCOMMODATIONS TAX, SO AS TO PROVIDE RELIEF FROM THE PAYMENT OF THE TAX BY A MOTION PICTURE PRODUCTION COMPANY PRODUCING A MOTION PICTURE IN SOUTH CAROLINA; TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO SUBSTITUTE "SOUTH CAROLINA FILM COMMISSION" FOR "SOUTH CAROLINA FILM OFFICE" AND TO FURTHER DEFINE THE COMMISSION'S OBJECTIVES; AND TO REPEAL SECTION 12-6-3510, RELATING TO CREDITS AGAINST THE STATE'S INCOME TAX FOR INVESTMENTS IN QUALIFYING MOTION PICTURE PROJECTS.
Be it enacted by the General Assembly of the State of South Carolina:
Legislative findings
SECTION 1. The General Assembly finds that:
(1) the natural beauty, diverse topography, and architectural heritage of the State, the wilderness qualities and ecological regimen of its scenic rivers system and mountain regions, and the profusion of subtropical plants and wildlife provide a variety of excellent settings from which the motion picture industry might choose a location for filming a motion picture or television program; and, together with those natural settings, the availability of labor, materials, climate, and hospitality of its people have been instrumental in the filming of several successful motion pictures; and
(2) the motion picture industry brings with it a much needed infusion of capital into areas of the State which may be economically depressed and the effect of the infusion of capital resulting from the filming of a motion picture or television program serves to stimulate economic activity beyond that immediately apparent on the film set; and
(3) since a significant portion of the cost of a motion picture or television production is not eligible for existing tax incentives because that portion of the production is carried out in another state; and
(4) it is the purpose of this act to provide a financial incentive to the film industry so that the State might compete successfully with other states for filming locations.
South Carolina Motion Picture Incentive Act
SECTION 2. Title 12 of the 1976 Code is amended by adding:
Section 12-62-10. This chapter may be cited as the 'South Carolina Motion Picture Incentive Act'.
Section 12-62-20. For purposes of this chapter:
(1) 'Company' means a corporation, partnership, limited liability company, or other business entity.
(2) 'Department' means the South Carolina Department of Commerce.
(3) 'Motion picture' means a feature-length film, video, television series, or commercial made in whole or in part in South Carolina, and intended for national theatrical or television viewing or as a television pilot produced by a motion picture production company. The term 'motion picture' does not include the production of television coverage of news and athletic events or a production produced by a motion picture production company if records, as required by 18 U.S.C. 2257, are to be maintained by that motion picture production company with respect to any performer portrayed in that single media or multimedia program.
(4) 'Motion picture production company' means a company engaged in the business of producing motion pictures intended for a national theatrical release or for television viewing. 'Motion picture production company' does not mean or include a company owned, affiliated, or controlled, in whole or in part, by a company or person that is in default on a loan made by the State or a loan guaranteed by the State.
(5) 'Payroll' means salary, wages, or other compensation subject to South Carolina income tax withholdings.
(6) 'Secretary' means the Secretary of the Department of Commerce.
Section 12-62-30. Notwithstanding the provisions of Section 12-36-2120(43), a motion picture production company that intends to expend in the aggregate two hundred fifty thousand dollars or more in connection with the filming or production of one or more motion pictures in the State of South Carolina within a consecutive twelve-month period, upon making application for, meeting the requirements of, and receiving written certification of that designation from the department as provided in this chapter, shall be relieved from the payment of state sales and use taxes on funds expended in South Carolina in connection with the filming or production of a motion picture or pictures. The production of television coverage of news and athletic events is specifically excluded from the provisions of this chapter. The provisions of this chapter do not apply to a sales and use tax levied by a local governmental subdivision.
Section 12-62-40. (A) A motion picture production company that intends to film all, or parts of, a motion picture in South Carolina and desires to be relieved from the payment of the state sales and use tax as provided in this chapter shall provide an estimate of total expenditures expected to be made in South Carolina in connection with the filming or production of the motion picture. The estimate of expenditures must be filed with the department before the commencement of filming in South Carolina.
(B) At the time the motion picture production company provides the estimate of expenditures to the department, it also shall designate a member or representative of the motion picture production company to work with the department and the Department of Revenue on reporting of expenditures and other information necessary to take advantage of the tax relief afforded by this chapter.
(C)(1) An application for the tax relief provided by this chapter must be accepted only from those motion picture production companies that report anticipated expenditures in the State in the aggregate equal to or exceeding two hundred fifty thousand dollars in connection with the filming or production of one or more motion pictures in the State within a consecutive twelve-month period.
(2) The application must be approved by the Director of the South Carolina Film Commission.
(3) Once the application is approved by the Director of the South Carolina Film Commission, the Department of Revenue shall issue a written certification of state sales and use tax exemption to the motion picture production company as evidence of the exemption.
(D) A motion picture production company that is approved for relief from the payment of sales and use taxes as provided by this chapter and that fails to expend two hundred fifty thousand dollars within a consecutive twelve-month period is liable for the sales and use taxes that would have been paid had the approval not been granted; except, that the motion picture production company must be given a sixty-day period in which to pay the sales and use taxes without incurring penalties. The sales and use taxes are considered due as of the date that taxable expenditures are made.
Section 12-62-50. (A) A motion picture production company is entitled to a tax rebate for the employment of persons subject to South Carolina income tax withholdings in connection with production of a motion picture. The rebate is equal to five percent of the total aggregate South Carolina payroll for persons subject to South Carolina income tax withholdings employed in connection with the production when total production costs in South Carolina equal or exceed one million dollars during the taxable year. The rebate may not exceed the amount withheld on South Carolina income tax withholdings. For purposes of this section, 'total aggregate payroll' does not include the salary of an employee whose salary is equal to or greater than one million dollars for each motion picture.
(B) The rebate must be applied exclusively to film production employee payroll in South Carolina by the motion picture production company.
(C) The rebate must be distributed to the motion picture production company at the completion of physical production and support activities. This credit must follow the same procedures as established pursuant to Section 12-10-81(B)(1), (B)(2), (B)(6), (B)(8), and (G).
Section 12-62-60. (A)(1) Thirteen percent of the general fund portion of admissions tax collected by the State of South Carolina must be funded annually to the department for the exclusive use of the South Carolina Film Commission. The South Carolina Film Commission may rebate to a motion picture production company up to seven percent of the costs of goods and services purchased by the motion picture production company in the State if the motion picture production company has a minimum in-state expenditure of one million dollars. The distribution of rebates may not exceed the amount annually funded to the department for the South Carolina Film Commission from the admissions tax collected by the State.
(2) The allocations to motion picture production companies contemplated by this chapter must be made by the Coordinating Council for Economic Development. The Coordinating Council for Economic Development may adopt rules and promulgate regulations for the application for and award of the rebate.
(B) One percent of the general fund portion of admissions tax collected by the State of South Carolina must be funded to the department for the exclusive use of the South Carolina Film Commission for the promotion of collaborative production and educational efforts between institutions of higher learning in South Carolina and motion picture related entities. The department, in conjunction with the South Carolina Film Commission, shall adopt rules and promulgate regulations necessary to administer this section.
Section 12-62-70. (A)(1) Upon a determination by the Director of the Office of General Services Division of the South Carolina Budget and Control Board of the underutilization of state property by a state agency, the South Carolina Film Commission may negotiate below-market rates for temporary use, no more than twelve months, of space for the underutilized property. The negotiations and temporary use are exempt from the provisions of the State Consolidated Procurement Code. The motion picture production company shall reimburse costs at normal and customary rates incurred by the state agency to the state agency, including costs required to repair any damage caused by the motion picture production company to real or personal property of the State.
(2) The state agency or local political subdivision that owns the property determined to be underutilized may appeal that determination of underutilization to the Budget and Control Board.
(B) The State or its political subdivisions may not charge a location fee for properties they own if the properties are used for seven or fewer days as a location in the production of a motion picture. A property may be used for a total of only twenty-one days without location fees in a calendar year. The motion picture production company may be on site no longer than seven days within a thirty-day period without a location fee charge. State-owned or political subdivision-owned properties may recoup all costs they expend on behalf of the motion picture production company including a facility fee not to exceed two thousand five hundred dollars a day. Whenever possible, the public entity must direct the public property contribution to a charitable entity that is recognized as exempt under Section 501(c)(3) of the Internal Revenue Code. State-owned or political subdivision-owned properties also may recoup costs required to repair damage caused by the motion picture production company to real or personal property of the state agency or political subdivision. The motion picture production company shall reimburse all costs, at the property's normal and customary rates, to the state agency or political subdivisions incurring the costs within twenty-one calendar days of completion of production activities on site. The motion picture production company may use the publicly-owned property only on the days agreed to and approved by the state agency or political subdivision.
Section 12-62-80. The department may form a South Carolina Film Foundation to solicit donations for the recruitment of motion pictures in furtherance of the purposes of this chapter.
Section 12-62-90. The end credit roll of a motion picture that utilizes a South Carolina tax credit or rebate must recognize the State of South Carolina with the following statement: 'Filmed in South Carolina pursuant to the South Carolina Motion Picture Incentive Act'; except, that the State of South Carolina reserves the right to refuse the use of South Carolina's name in the credits of a motion picture filmed or produced in the State.
Section 12-62-100. To the extent not already provided, the department may adopt rules and promulgate regulations to carry out the intent and purposes of this chapter."
Income tax credits for motion picture and advertisement productions
SECTION 3. A. The General Assembly finds that the primary objective of this section is to encourage development in South Carolina of a strong capital base for the production of televised commercial advertisements, in order to achieve a more independent, self-supporting industry:
(1) Immediate objectives are to:
(a) attract private investment for the exclusive production of commercial advertisements that are qualified as a state-certified production;
(b) develop a tax infrastructure that encourages private investment by providing for state participation in the form of tax credits to encourage investment in state-certified productions; and
(c) develop a tax infrastructure utilizing tax credits that encourage investments in multiple state-certified production projects.
(2) Long-term objectives are to:
(a) encourage increased employment opportunities within this sector and increased competition with other states in fully developing economic development options within the commercial advertisement industry; and
(b) encourage new education curricula in order to provide a labor force trained in all aspects of commercial advertisement production.
B. Article 25, Chapter 6 of Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3560. (A)(1) This section authorizes a tax credit against state income tax for production companies that produce a commercial production being an advertisement, composed of moving images and words, that is recorded on film, videotape, or digital medium in South Carolina for multi-market distribution by way of television networks, cable, satellite, or motion picture theaters. This credit is not available to companies that produce industrial videos, television broadcasts, cable and satellite networks, and news sporting events. The tax credit may be earned by a production company at the time of its investment in a state-certified production and must be calculated as a percentage of the investment according to the total base investment dollars certified. If total base investment is greater than five hundred thousand dollars in the aggregate during the calendar year, the production company is allowed a tax credit of ten percent of the actual South Carolina investment made by that production company. The State has annually one million dollars in total tax credits to disburse to all eligible production companies. This tax credit must be distributed to the eligible production company in the same order that the eligible production company's application for the tax credit is approved by the Department of Commerce.
(2) If the entire credit is not used in the year earned, the remaining credit may be carried forward and applied against income tax liabilities for the next ten years. An entity taxed as a corporation for South Carolina income tax purposes shall claim the credit allowed pursuant to this section on its corporation income tax return. An entity not taxed as a corporation shall claim the credit on the returns of the partners or members as follows:
(a) corporate partners or members shall claim their shares of the credit on their corporate income tax returns;
(b) individual partners or members shall claim their shares of the credit on their individual income tax returns; and
(c) partners or members that are estates or trusts shall claim their shares of the credit on their fiduciary income tax returns.
(B)(1) The Secretary of the Department of Commerce and the South Carolina Film Commission shall determine, through adoption of rules and promulgation of regulations, the criteria for qualification of a project according to this section. Promulgation of these regulations are subject to the Administrative Procedures Act.
(2) Certification by the Department of Commerce must be submitted to both the production company and to the Director of the Department of Revenue.
(3) A production company applying for the credit must reimburse the Department of Revenue for any audits required in relation to granting the credit.
(4) The Secretary of the Department of Commerce, in consultation with the Director of the South Carolina Film Commission, shall adopt rules and promulgate regulations otherwise necessary to carry out the intent and purposes of this section."
C. Article 25, Chapter 6 of Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3570. (A) A taxpayer may claim an income tax credit of an amount equal to twenty percent, but not more than one hundred thousand dollars, of the taxpayer's cash investment in a company that develops or produces a qualified South Carolina motion picture project. A taxpayer may claim no more than one credit in connection with the production of a single qualified South Carolina motion picture project. This credit is allowed over more than one taxable year but a taxpayer's total credit in all years, toward any such project, may not exceed one hundred thousand dollars. Any unused credit may be carried forward to fifteen succeeding taxable years.
(B) A taxpayer may claim a credit in an amount equal to twenty percent of the amount of a taxpayer's investment in the company that constructs or converts or equips, or any combination of these activities, of a motion picture production facility or post-production facility in this State. No credit is allowed unless the total amount invested in the motion picture production facility is at least two million dollars, exclusive of land costs, or the total amount invested in a post-production facility is at least one million dollars, exclusive of land costs. Documentation to the Department of Commerce sufficient to provide confirmation of this threshold must accompany the application for the credit. Any unused credit may be carried forward to fifteen succeeding taxable years. The total amount of credit, which may be claimed by all taxpayers with respect to the construction or conversion or equipping, or any combination of these activities, of a single motion picture production facility or post-production facility may not exceed five million dollars. A taxpayer may claim the credit allowed by this section only one time in connection with a single motion picture production facility and one time in a single post-production facility.
(C) The credit is earned when the cash is spent or when qualifying real property is dedicated for use as part of a South Carolina motion picture production facility or South Carolina post-production facility. If a South Carolina motion picture project, South Carolina motion picture production facility, or South Carolina post-production facility fails to meet the requirements of the section within three years from the end of the taxpayer's tax year when the credit was first claimed, then any taxpayer which claimed the credit shall increase its income tax liability in the fourth year by an amount equal to the amount of credits claimed in prior tax years with respect to the motion picture project, motion picture production facility, or post-production facility.
(D) Notwithstanding the amount of the credits allowed by this section, these credits, when combined with any other state income tax credits allowed the taxpayer for a particular taxable year, cannot reduce the taxpayer's South Carolina income tax liability more than fifty percent.
(E) All documentation provided by investors and their agents to the Department of Revenue in connection with claiming the credits allowed by this section is considered a tax return and subject to the penalty provisions of Section 12-54-40(f).
(F) As used in this section:
(1) 'Investment' means cash with respect to subsection (A) of this section, and with respect to subsection (B) of this section cash or the fair market value of real property with any improvements thereon, or any combination of these. To qualify as 'investment', cash must have been expended for services performed in this State, for tangible personal property dedicated to first use in this State, or for real property in this State. Investments in the form of real property must be real property located in this State on which facilities are located and can include the fair market value of a lease with a term in excess of thirty-six months of real property minus the fair market value of any consideration paid for the lease.
(2) 'Motion picture production facility' means a site in this State that contains soundstages designed for the express purpose of film and television production for both theatrical and video release. Production includes, but is not limited to, motion pictures, made-for-television movies, and episodic television to a national or regional audience. The motion picture production facility site must include production offices, construction shops/mills, prop and costume shops, storage areas, parking for production vehicles, all of which complement the production needs and orientation of the overall facility purpose. The term does not include television stations, recording studios, or facilities predominately used to produce videos, commercials, training films, or advertising films.
(3) 'Motion picture project' means a product intended for commercial exploitation that incurs at least two hundred fifty thousand dollars of costs directly in this State to produce a master negative motion picture, whether film, tape, or other medium, for theatrical or television exhibition in the United States and in which at least twenty percent of total filming days of principal photography, but not fewer than ten filming days, is filmed in this State. Upon the recommendation of the South Carolina Film Commission, and if appropriate, the Coordinating Council for Economic Development shall certify the motion picture project as a project eligible for purposes of this article.
(4) 'Post-production facility' means a site in this State designated for the express purpose of accomplishing the post-production stage of film and television production for both theatrical and video release including the creation of visual effects, editing, and sound mixing. A post-production facility site is not required to contain a soundstage or be physically located at or near soundstages.
(5) 'Qualified South Carolina motion picture project' means a motion picture project which has registered by submitting its record of allocation of credits and documentation to the Department of Revenue. Before registration all documentation of a motion picture project required to meet the credit requirements must be received by the Department of Commerce.
(6) Taxpayer means:
(a) in subsection (A), the person who invests in a qualified motion picture project;
(b) in subsection (B), the person who invests in the company that constructs, converts, or equips a 'qualified South Carolina motion picture production facility'; and
(c) with respect to a motion picture equity fund created for the sole, expressed purpose of facilitating a slate of qualified South Carolina motion picture projects, the person who invests in the motion picture equity fund. Credits allowed under this subitem are allocated to the fund based upon twenty percent of the cash value of its investment in a qualified South Carolina motion picture project and distributed to equity fund members based upon the percentage of their interest in the equity fund."
Rebate of sales tax on accommodations
SECTION 4. Section 12-36-920(A) of the 1976 Code is amended to read:
"(A)(1) A sales tax equal to seven percent is imposed on the gross proceeds derived from the rental or charges for any rooms, campground spaces, lodgings, or sleeping accommodations furnished to transients by any hotel, inn, tourist court, tourist camp, motel, campground, residence, or any place in which rooms, lodgings, or sleeping accommodations are furnished to transients for a consideration. This tax does not apply where the facilities consist of less than six sleeping rooms, contained on the same premises, which is used as the individual's place of abode. The gross proceeds derived from the lease or rental of sleeping accommodations supplied to the same person for a period of ninety continuous days are not considered proceeds from transients. The tax imposed by this subsection (A) does not apply to additional guest charges as defined in subsection (B).
(2) A motion picture production company producing a motion picture in the State of South Carolina, as those terms are defined in Chapter 62 of Title 12, is entitled to a rebate from the Department of Revenue of all of the sales taxes on accommodations paid by the motion picture production company for employees of the motion picture production company who have stayed in accommodations in South Carolina for an aggregate of thirty days over a twelve-month period. The motion picture production company must first submit to the Department of Revenue a certification as to the number of days its employees have stayed in accommodations in South Carolina. The rebate of accommodations taxes does not apply to the local accommodations tax authorized by Article 5, Chapter 1, Title 6."
South Carolina Film Commission
SECTION 5. Section 1-30-25(D) of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:
"(D) State Development Board, including the South Carolina Film Commission, formerly provided for in Section 13-3-10, et seq., except that the department must make reasonable rules and promulgate reasonable regulations to ensure that funds made available to film projects through its film commission are budgeted and spent so as to further the following objectives:
(1) stimulation of economic activity to develop the potentialities of the State;
(2) conservation, restoration, and development of the natural and physical, the human and social, and the economic and productive resources of the State;
(3) promotion of a system of transportation for the State, through development and expansion of the highway, railroad, port, waterway, and airport systems;
(4) promotion and correlation of state and local activity in planning public works projects;
(5) promotion of public interest in the development of the State through cooperation with public agencies, private enterprises, and charitable and social institutions;
(6) encouragement of industrial development, private business, commercial enterprise, agricultural production, transportation, and the utilization and investment of capital within the State;
(7) assistance in the development of existing state and interstate trade, commerce, and markets for South Carolina goods and in the removal of barriers to the industrial, commercial, and agricultural development of the State;
(8) assistance in ensuring stability in employment, increasing the opportunities for employment of the citizens of the State, devising ways and means to raise the living standards of the people of the State;
(9) enhancement of the general welfare of the people; and
(10) encouragement and consideration as appropriate so as to consider race, gender, and other demographic factors to ensure nondiscrimination, inclusion, and representation of all segments of the State to the greatest extent possible."
Repeal
SECTION 6. Section 12-6-3510 of the 1976 Code is repealed.
Time effective
SECTION 7. This act takes effect July 1, 2004, upon approval by the Governor.
Ratified the 3rd day of June, 2004.
Approved the 16th day of August, 2004.
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