Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear words recorded by St. Mark (6:30):
"Come aside by yourselves to a deserted place and rest awhile!"
Let us pray.
Father, we know we need quiet times to get a perspective on our vision - or absence thereof - of our values and the difference between our finite and infinite lives together - but then we ask, "Where is the time?"
Father, help us all here and everywhere to know a little bit about reality in God's sight!
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable Mark C. Sanford:
Reappointment, Williamsburg County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008
At-Large:
Samuel L. Floyd, Jenkinson, Jarrett & Kellahan, P.A., P. O. Drawer 669, Kingstree, S.C. 29556
Reappointment, Williamsburg County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008
Gordon B. Jenkinson III, 300 North Academy Street, Kingstree, S.C. 29556
Reappointment, Dillon County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008
At-Large:
Patricia D. Miller, 354 Pleasant Hill Road, Dillon, S.C. 29536
Reappointment, Bamberg County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010
Hon. Richard Craig Threatt, Bamberg County Sheriff's Office, P.O. Box 210, Bamberg, S.C. 29003
Senator LOURIE introduced Dr. Leo Walker of Columbia, S.C., Doctor of the Day.
At 11:25 A.M., Senator FORD requested a leave of absence until 5:00 P.M.
At 2:13 P.M., Senator HAWKINS requested a leave of absence beginning at 2:15 P.M. today until Tuesday, April 11, 2006 at Noon.
On motion of Senator GROOMS, at 2:25 P.M., Senator MESCHER was granted a leave of absence for the balance for the entire past week.
Senator THOMAS rose for an Expression of Personal Interest.
H. 4881 (Word version) -- Reps. Cobb-Hunter, Mitchell, Clyburn, Hosey, Hodges, Govan, Howard, J.H. Neal, J. Hines, Funderburk, Haley, Mack, Branham, Breeland, J. Brown, R. Brown, Hardwick, M. Hines, Hinson, Jefferson, McCraw, McGee, Ott, Rivers, Scott, F.N. Smith, Vaughn, Weeks, Whipper and Young: A JOINT RESOLUTION TO CREATE THE CHRONIC KIDNEY DISEASE TASK FORCE, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES, INCLUDING DEVELOPING A PLAN TO EDUCATE THE PUBLIC AND HEALTH CARE PROFESSIONALS ABOUT EARLY SCREENING, DIAGNOSIS, AND TREATMENT AND PROVIDING RECOMMENDATIONS FOR IMPLEMENTATION OF SUCH A PLAN; AND TO REQUIRE THE TASK FORCE TO SUBMIT ITS REPORT AND RECOMMENDATIONS BEFORE THE 2007 LEGISLATIVE SESSION, AT WHICH TIME THE TASK FORCE IS ABOLISHED.
Senator PEELER asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Medical Affairs.
There was no objection.
The Resolution was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 1321 (Word version) -- Senator Martin: A SENATE RESOLUTION EXPRESSING THE SINCERE SORROW OF THE MEMBERS OF THE SENATE UPON THE DEATH OF THE HONORABLE MARVIN G. DODSON OF EASLEY, SOUTH CAROLINA, AND TO CONVEY THE DEEPEST SYMPATHY TO HIS FAMILY AND FRIENDS.
l:\s-res\lam\025marv.mrh.doc
The Senate Resolution was adopted.
S. 1322 (Word version) -- Senator Thomas: A BILL TO PROVIDE THAT A COUNTY THAT POSTPONED IMPLEMENTATION OF A COUNTYWIDE ASSESSMENT AND EQUALIZATION PLAN, CONDUCTED IN 2004, MAY NOT IMPLEMENT THE VALUES UNTIL TAX YEAR 2007, UNLESS THE COUNTY COUNCIL ADOPTS AN ORDINANCE AFFIRMATIVELY IMPLEMENTING THE VALUES.
l:\s-res\dlt\008post.kmm.doc
Read the first time and referred to the Committee on Finance.
S. 1323 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-52 SO AS TO PROVIDE FOR A TWENTY-FIVE PERCENT SET-ASIDE FOR GOVERNMENTAL BODIES AND LOCAL POLITICAL SUBDIVISIONS SUBJECT TO THE STATE CONSOLIDATED PROCUREMENT CODE FOR CONTRACTS FOR GOODS OR SERVICES ENTERED INTO OUTSIDE OF THE PROCUREMENT CODE WITH VENDORS WHO ARE LEGAL RESIDENTS OF SOUTH CAROLINA.
l:\council\bills\agm\18306mm06.doc
Read the first time and referred to the Committee on Finance.
S. 1324 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 11-35-1524, AS AMENDED, RELATING TO A PREFERENCE FOR A RESIDENT VENDOR IN CONNECTION WITH A PROCUREMENT SUBJECT TO THE STATE CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE THAT THE VENDOR AND ITS EMPLOYEES MUST BE LEGAL RESIDENTS OF SOUTH CAROLINA TO TAKE ADVANTAGE OF THE PREFERENCE.
l:\council\bills\agm\18305mm06.doc
Read the first time and referred to the Committee on Finance.
S. 1325 (Word version) -- Senators Elliott and Thomas: A SENATE RESOLUTION TO CALL UPON THE GOVERNOR OF THE STATE OF SOUTH CAROLINA TO DECLARE, BY EXECUTIVE ORDER, THAT NO ILLEGAL ALIEN IS ELIGIBLE TO RECEIVE ANY SERVICES OR OTHER ASSISTANCE PROVIDED BY THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES TO THE EXTENT ALLOWED BY LAW.
l:\council\bills\ms\7345ahb06.doc
Senator ELLIOTT spoke on the Resolution.
The Senate Resolution was adopted.
S. 1326 (Word version) -- Senators Cromer, Anderson, Bryant, Campsen, Cleary, Courson, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Williams: A SENATE RESOLUTION CONGRATULATING THE CAPITAL CITY/LAKE MURRAY COUNTRY ON TWENTY-FIVE YEARS IN BUSINESS, AND WISHING THEM MUCH CONTINUED SUCCESS.
l:\s-res\rwc\010lake.mrh.doc
The Senate Resolution was adopted.
H. 4959 (Word version) -- Rep. Neilson: A CONCURRENT RESOLUTION TO HONOR THE FAITHFUL CLERGY AND CONGREGANTS OF FIRST BAPTIST CHURCH OF DARLINGTON COUNTY FOR THEIR DEDICATED SERVICE TO THE GREATER COMMUNITY AND TO RECOGNIZE THE 175TH ANNIVERSARY OF THE CHURCH ON APRIL 23, 2006.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4973 (Word version) -- Rep. Haskins: A CONCURRENT RESOLUTION TO HONOR CHARLES HENRY NICHOLAS, JR. AND GAIL LONG NICHOLAS OF GREENVILLE, SOUTH CAROLINA, FOR THEIR LONG-TERM DEDICATION TO THE EDUCATIONAL PROFESSION AND TO COMMEND THEM ON THEIR INDIVIDUAL CONTRIBUTIONS TO BOB JONES ACADEMY.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 1310 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION CONGRATULATING THE UNIVERSITY OF SOUTH CAROLINA MEN'S BASKETBALL TEAM ON THEIR SECOND NATIONAL INVITATION TOURNAMENT CHAMPIONSHIP, RECOGNIZING THEIR HARD WORK AND DEDICATION, AND WISHING THEM MUCH SUCCESS IN FUTURE SEASONS.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 3591 (Word version) -- Reps. Brady, J.E. Smith, Harrison, Pinson, Agnew, Anthony, Ceips, Chalk, Cobb-Hunter, Frye, Haskins, Hayes, Hinson, Howard, Huggins, Jefferson, Lucas, McGee, E.H. Pitts, Taylor, Whitmire, Witherspoon, Young, Ballentine, Mahaffey, Thompson, Coates, Leach, Hagood, Clark, Sinclair, Cotty, Rhoad, Bailey, Jennings, Bales and Neilson: A BILL TO AMEND SECTION 44-53-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULE V CONTROLLED SUBSTANCES, SO AS TO INCLUDE IN SCHEDULE V ANY COMPOUND CONTAINING PSEUDOEPHEDRINE, TO REQUIRE SUCH COMPOUNDS TO BE DISPENSED ONLY BY A PHARMACIST, OR PHARMACY TECHNICIAN, TO REQUIRE A PICTURE IDENTIFICATION TO PURCHASE SUCH COMPOUNDS, TO LIMIT THE AMOUNT OF SUCH COMPOUND THAT CAN BE PURCHASED IN A THIRTY DAY PERIOD, AND TO PROVIDE THAT LIQUID OR CAPSULE FORMS OF COMPOUNDS WHERE PSEUDOEPHEDRINE IS NOT THE ONLY ACTIVE INGREDIENT ARE NOT SCHEDULE V CONTROLLED SUBSTANCES; AND TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO EXEMPT OTHER PRODUCTS BY REGULATION FROM SCHEDULE V IF THEY ARE NOT USED IN THE ILLEGAL MANUFACTURE OF METHAMPHETMINE.
H. 3831 (Word version) -- Reps. Talley and Harrison: A BILL TO AMEND SECTION 7-7-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES WHERE ELECTORS ARE REGISTERED AND VOTE, SO AS TO PROVIDE THAT IN AN EMERGENCY SITUATION ELECTORS MAY VOTE IN A LOCATION OR AT A POLLING PLACE NOT WITHIN THE PRECINCT WHERE THE ELECTOR IS REGISTERED TO VOTE, AND TO PROVIDE CONDITIONS WHEN AN ALTERNATE POLLING PLACE MAY BE DESIGNATED.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 1302 (Word version) -- Senator Leventis: A BILL TO PROVIDE THAT THE PARENT OF A STUDENT SHIFTED FROM ONE SCHOOL DISTRICT IN SUMTER COUNTY TO ANOTHER SCHOOL DISTRICT IN SUMTER COUNTY AS A RESULT OF REDISTRICTING MAY CHOOSE THE SCHOOL DISTRICT THE STUDENT SHALL ATTEND WITHOUT PENALTY OF TUITION.
By prior motion of Senator LEVENTIS
S. 1094 (Word version) -- Senators Leatherman, Alexander, Ryberg and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-16-370 SO AS TO PROVIDE THAT THE STATE SHALL DEFEND THE MEMBERS OF THE RETIREMENT SYSTEM INVESTMENT COMMISSION AND COMMISSION OFFICERS AND MANAGEMENT EMPLOYEES AGAINST A CLAIM OR SUIT BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES, TO REQUIRE THE STATE TO INDEMNIFY THEM FOR A LOSS OR JUDGMENT INCURRED BY THEM FOR A CLAIM OR SUIT BROUGHT AGAINST THEM IN THEIR OFFICIAL OR INDIVIDUAL CAPACITIES, OR BOTH, AND TO PROVIDE FOR THEIR DEFENSE AND INDEMNIFICATION AFTER THEY LEAVE MEMBERSHIP ON OR EMPLOYMENT BY THE COMMISSION IF THE CLAIM OR SUIT ARISES BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES; TO AMEND SECTION 9-1-1310, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BUDGET AND CONTROL BOARD AND THE RETIREMENT SYSTEM INVESTMENT COMMISSION WITH RESPECT TO THE VARIOUS STATE RETIREMENT SYSTEMS AND INVESTMENTS ALLOWED FOR THE FUNDS OF THESE SYSTEMS, SO AS TO PROVIDE FOR ADDITIONAL INVESTMENTS; TO AMEND SECTION 9-1-1340, AS AMENDED, RELATING TO CONFLICT OF INTEREST PROVISIONS WITH RESPECT TO THE RETIREMENT SYSTEM INVESTMENT COMMISSION, SO AS TO CONFORM THE PROVISIONS TO THE NATIONAL GUARD RETIREMENT SYSTEM; TO AMEND SECTION 9-10-60, RELATING TO STATE BUDGET AND CONTROL BOARD'S RESPONSIBILITIES WITH RESPECT TO THE NATIONAL GUARD RETIREMENT SYSTEM AND CONFLICT OF INTEREST PROVISIONS FOR THAT SYSTEM, SO AS TO CONFORM THESE RESPONSIBILITIES TO THE MANNER OF OPERATION OF THE OTHER STATE RETIREMENT SYSTEMS AND TO DELETE REDUNDANT PROVISIONS; TO AMEND SECTION 9-16-360, RELATING TO STANDARDS OF CONDUCT FOR FIDUCIARIES WITH RESPECT TO THE STATE RETIREMENT SYSTEMS, SO AS FURTHER TO DEFINE "INDIRECT INTEREST" AND TO ALLOW THE RETIREMENT SYSTEM INVESTMENT COMMISSION TO WAIVE THESE STANDARDS BY CONTRACT WITH CERTAIN FIDUCIARIES.
By prior motion of Senator RYBERG, with unanimous consent
S. 142 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 40-47-1210 OF THE 1976 CODE, RELATING TO DEFINITIONS USED IN THE ANESTHESIOLOGIST'S ASSISTANCE PRACTICE ACT, TO CHANGE THE DEFINITIONS OF "ANESTHESIOLOGIST" AND "SUPERVISING ANESTHESIOLOGIST" BY ADDING THE AMERICAN OSTEOPATHIC ASSOCIATION AS A RECOGNIZED ENTITY FOR APPROVAL OF ANESTHESIOLOGY PROGRAMS; TO AMEND SECTION 40-47-1240, RELATING TO THE LICENSURE OF ANESTHESIOLOGIST'S ASSISTANTS, TO ALLOW A BOARD DESIGNEE TO REVIEW AN APPLICANT'S QUALIFICATIONS; TO AMEND SECTION 40-47-1245, RELATING TO THE PROTOCOL AN ANESTHESIOLOGIST SHALL ADOPT WHEN ACTING AS A SUPERVISING ANESTHESIOLOGIST, TO CHANGE THE TERM TO A SPONSORING ANESTHESIOLOGIST; TO AMEND SECTION 40-47-1250, RELATING TO SUPERVISION OF ANESTHESIOLOGIST'S ASSISTANTS, TO CHANGE THE NUMBER OF ASSISTANTS AN ANESTHESIOLOGIST MAY SUPERVISE FROM TWO TO FOUR; TO AMEND SECTION 40-47-1275, RELATING TO THE PROCEDURE REQUIRED WHEN THE RELATIONSHIP BETWEEN AN ANESTHESIOLOGIST'S ASSISTANT AND A SUPERVISING ANESTHESIOLOGIST IS TERMINATED, TO CHANGE THE TERM TO A SPONSORING ANESTHESIOLOGIST; AND TO AMEND SECTION 40-47-1295, RELATING TO FEES FOR ANESTHESIOLOGIST'S ASSISTANTS, TO CHANGE THE NAME OF A SUPERVISOR FEE TO A SUPERVISOR SPONSOR FEE.
S. 1245 (Word version) -- Senators Thomas, Fair, Cromer, Ritchie, Anderson, Verdin, Setzler, Ryberg and Knotts: A BILL TO AMEND SECTIONS 12-6-3360, AS AMENDED, 12-6-3410, AS AMENDED, AND 12-6-3420, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO THE TARGETED JOBS TAX CREDIT, THE INCOME TAX CREDIT FOR ESTABLISHING OR ADDING TO A CORPORATE HEADQUARTERS IN THIS STATE, AND THE TAX CREDIT ALLOWED A CORPORATION FOR CONSTRUCTION OR IMPROVEMENT OF AN INFRASTRUCTURE PROJECT, SO AS TO ALLOW THESE CREDITS TO BE CLAIMED AGAINST THE BANK TAX AND TO MAKE CONFORMING AMENDMENTS.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator HUTTO asked unanimous consent to make a motion to take up a further amendment pursuant to the provisions of Rule 26B.
There was no objection and a further amendment was taken up for immediate consideration.
Senator HUTTO proposed the following amendment (1245R001.CBH), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. A. Section 12-6-3360(B)(5) of the 1976 Code is amended by adding the following subitem at the end of item (5) to read:
"(g) Notwithstanding the limitation imposed by subsection (B)(1)(a), in a county which is at least one thousand square miles in size and which has had an unemployment rate greater than the state average and an average per capita income lower than the state average for the past ten years, the credit allowed is two tiers higher than the credit for which the county would otherwise qualify. This subitem does not apply to a county eligible for a higher tier pursuant to another provision of this item."
B. This section is effective for calendar year 2006 and shall apply to any company that applied for Job Development Credits on or after January 1, 2006. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator LEATHERMAN asked unanimous consent to make a motion to take up a further amendment pursuant to the provisions of Rule 26B.
There was no objection and a further amendment was taken up for immediate consideration.
Senator LEATHERMAN proposed the following amendment (NBD\12422AC06), which was adopted:
Amend the bill, as and if amended, SECTION 2, page 3, after line 41 by inserting:
/C. Item (1) of Section 12-6-3410(J), as last amended by Act 89 of 2001, is further 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; provided, however, for taxpayers which are subject to tax under Chapter 11 of Title 12, a corporate headquarters must be a regional corporate headquarters:
(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; provided, however, that with respect to taxpayers which are subject to tax under Chapter 11 of Title 12, the requirement that 'the entire business operations of the corporation are performed within fewer than five states', is replaced with 'if all branches of the taxpayer, as defined below, are physically located in fewer than five states'. For taxpayers which are subject to tax under Chapter 11 of Title 12, such taxpayer must have two or more branches, as that term is defined in Section 34-25-10(8), in each state within its region."/
Renumber sections to conform.
Amend title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
The following Bills, having been read the second time, were ordered placed on the Third Reading Calendar:
S. 772 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 56-5-3650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTORCYCLE FOOTRESTS, HANDLEBARS, AND REAR VIEW MIRRORS, SO AS TO DELETE THE PROVISION THAT SPECIFIES THE SIZE AND POSITION OF A MOTORCYCLE'S HANDLEBARS.
S. 955 (Word version) -- Senators Moore and Ritchie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 63 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE SOUTH CAROLINA PEACH COUNCIL SPECIAL LICENSE PLATES.
S. 1041 (Word version) -- Senators Hutto and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 57 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE BOY SCOUTS OF AMERICA SPECIAL LICENSE PLATES.
S. 1099 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-3-1110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO WARTIME DISABLED VETERANS, SO AS TO PROVIDE THAT A CERTIFICATE SIGNED BY THE COUNTY VETERANS AFFAIRS OFFICER THAT CERTIFIES A VETERAN'S DISABILITY MAY BE SUBMITTED TO THE DEPARTMENT OF MOTOR VEHICLES TO SATISFY ITS REQUIREMENTS FOR THE ISSUANCE OF THE SPECIAL LICENSE PLATE, TO LIMIT THE NUMBER OF SPECIAL LICENSE PLATES THAT MAY BE ISSUED TO A VETERAN, TO PROVIDE THAT A HOLDER OF A SPECIAL LICENSE PLATE MUST PROVIDE A NEW CERTIFICATION OF HIS DISABILITY AT THE TIME A NEW SPECIAL LICENSE PLATE IS ISSUED OR THE SPECIAL LICENSE PLATE IS TRANSFERRED, AND TO PROVIDE THAT WHEN A NEW SPECIAL LICENSE PLATE IS ISSUED OR THE SPECIAL LICENSE PLATE IS TRANSFERRED, A SURVIVING SPOUSE MUST CERTIFY THAT THE SPOUSE HAS NOT REMARRIED.
S. 1100 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTIONS 56-15-350, 56-16-180, AND 56-19-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DENIAL, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE, AND AN APPLICATION FOR A CERTIFICATE OF TITLE FOR A MOTOR VEHICLE, SO AS TO REVISE A REFERENCE TO A PROVISION OF FEDERAL LAW.
S. 1189 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 75 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE KOREAN WAR VETERANS SPECIAL LICENSE PLATES.
H. 4324 (Word version) -- Reps. Ceips, Altman, Loftis, Coates, Moody-Lawrence and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 80 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE HUNTING ISLAND STATE PARK SPECIAL LICENSE PLATES.
H. 4572 (Word version) -- Reps. Witherspoon, Frye, Rhoad and Loftis: A BILL TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DIVISION OF THE STATE INTO GAME ZONES, SO AS TO REVISE AND REDUCE THE NUMBER OF THESE GAME ZONES; TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO HUNTING SEASON FOR SMALL GAME, SO AS TO FURTHER PROVIDE FOR THESE SEASONS BASED ON THE REVISED GAME ZONES AS PROVIDED FOR ABOVE; TO AMEND SECTION 50-11-150, AS AMENDED, RELATING TO BAG LIMITS, SO AS TO FURTHER PROVIDE FOR THESE BAG LIMITS BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO FURTHER PROVIDE FOR THESE OPEN SEASONS BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-335, AS AMENDED, RELATING TO BAG LIMITS ON ANTLERED DEER, SO AS TO FURTHER PROVIDE FOR THESE BAG LIMITS FOR DEER BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-350, AS AMENDED, RELATING TO PENALTIES FOR ILLEGALLY TAKING, POSSESSING, OR KILLING DEER IN CERTAIN GAME ZONES, SO AS TO REVISE REFERENCES TO PARTICULAR GAME ZONES; TO AMEND SECTION 50-11-520, AS AMENDED, RELATING TO SPECIAL STUDIES OF GAME ZONES STOCKED WITH WILD TURKEY, SO AS TO REVISE REFERENCES TO PARTICULAR GAME ZONES AND FURTHER TO PROVIDE FOR THE SEASON FOR HUNTING AND TAKING MALE WILD TURKEYS; TO AMEND SECTION 50-11-708, RELATING TO THE UNLAWFUL USE OF ARTIFICIAL LIGHTS IN GAME ZONE 6, SO AS TO REVISE THESE PROVISIONS, MAKE THEM APPLICABLE TO ALL GAME ZONES, AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO REPEAL SECTIONS 50-11-90, 50-11-555, 50-11-560, 50-11-700, 50-11-703, 50-11-704, 50-11-705, 50-11-706, AND 50-13-360 ALL RELATING TO VARIOUS WILDLIFE AND FISH AND GAME PROVISIONS.
S. 807 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 11, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING ARTICLE 3 SO AS TO PROVIDE PROCEDURES FOR RIGHT TO CURE NONRESIDENTIAL CONSTRUCTION DEFECTS BEFORE A CIVIL ACTION OR OTHER REMEDY PROVIDED BY LAW OR CONTRACT MAY BE INSTITUTED OR CONTINUED.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator SETZLER proposed the following amendment (JUD0807.001), which was adopted:
Amend the bill, as and if amended, page 4, by striking line 37 in its entirety and inserting therein the following:
/ this article.
Section 40-11-560. Notwithstanding the provisions of this article, a person may file and perfect a mechanic's lien in accordance with Chapter 5 of Title 29 of the South Carolina Code, and nothing in this article shall affect or impair a person's ability to preserve and protect his right to file, perfect, or foreclose on a mechanic's lien." /
Renumber sections to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
Senator LEATHERMAN asked unanimous consent to make a motion to waive the provisions of Rule 26B to offer a further amendment on third reading.
There was no objection and the motion was adopted.
S. 996 (Word version) -- Senators Thomas and Ritchie: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 63 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "CANCER RESEARCH CENTERS OF THE CAROLINAS" SPECIAL LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.
The Committee on Transportation proposed the following amendment (SWB\6831CM06), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION __. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Breast Cancer Awareness Special License Plates
Section 56-3-9800. (A) The Department of Motor Vehicles may issue a special commemorative 'Breast Cancer Awareness' motor vehicle license plate to establish a special fund to be used by the Department of Health and Environmental Control for the purpose of expanding the services provided by the Best Chance Network. The special license plates, which must be of the same size and general design of regular motor vehicle license plates, must be imprinted with the nationally recognized breast cancer symbol with numbers as the department may determine. The plates are for annual periods as provided by law. The fee for this special license plate is thirty-five dollars each year in addition to the regular motor vehicle registration fee as set forth in Article 5, Chapter 3 of this title.
(B) The thirty-five dollar annual fee collected over that required by Article 5, Chapter 3 of this title must be deposited in a separate fund for the Department of Health and Environmental Control and be used solely to expand the services of the Best Chance Network. Funds collected must be deposited with the State Treasurer.
(C) Before the department produces and distributes a plate authorized under this section, it must receive:
(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and
(2) a plan to market the sale of the special license plate that must be approved by the department.
(D) If the department receives less than three hundred biennial applications and renewals for a particular special license plate authorized under this section, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted." /
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1007 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 12-45-75, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A COUNTY BY ORDINANCE TO ALLOW QUARTERLY OR MONTHLY INSTALLMENT PAYMENTS OF TAXES ON REAL PROPERTY, SO AS TO REQUIRE THE PAYMENT OF ESTIMATED PROPERTY TAXES ON REAL PROPERTY IN BI-MONTHLY INSTALLMENTS, EACH DUE ON FEBRUARY 15, APRIL 15, JUNE 15, AUGUST 15, OCTOBER 15, AND DECEMBER 15 OF EACH YEAR, TO DEFINE ESTIMATED PROPERTY TAX LIABILITY, TO PROVIDE THAT THE TOTAL OF ESTIMATED PROPERTY TAXES PAID IS A CREDIT AGAINST THE TOTAL PROPERTY TAXES DUE ON THE PROPERTY, TO PROVIDE FOR INTEREST ON UNDERPAYMENTS AND OVERPAYMENTS OF ESTIMATED PROPERTY TAX, TO REQUIRE PROPERTY TAX NOTICES TO CONTAIN A CALCULATION OF AN ESTIMATED PROPERTY TAX LIABILITY AND RETURN ENVELOPES FOR PAYING THE ESTIMATED PROPERTY TAX, AND TO PROVIDE THAT THE PAYMENT OF ESTIMATED PROPERTY TAXES AND THE CREDIT ALLOWED AGAINST PROPERTY TAXES FOR ESTIMATED PROPERTY TAXES DOES NOT ALTER THE DUE DATE, PENALTY SCHEDULE, AND ENFORCED COLLECTION OF PROPERTY TAXES EXCEPT WITH RESPECT TO INTEREST ADDED TO PROPERTY TAX FOR UNDERPAYMENT OF ESTIMATED PROPERTY TAX.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (1007R002.RWH), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 12-45-75 of the 1976 Code is amended to read:
"Section 12-45-75. (A)(1) The governing body of a county may by ordinance must allow a each taxpayer owning a parcel of taxable real property within the county the option to elect to pay property taxes in installments as provided in this section. pay all ad valorem taxes on real property located in the county in quarterly or monthly installments. An installment election is not allowed for taxes paid through an escrow account.
(2) The ordinance must specify the installment due dates and it may provide for installments due and payable before January fifteenth, but the final installment due date must be January fifteenth. The ordinance may provide for a service charge of not more than two dollars on installment payments. For purposes of payment and collection, these service charges are deemed property taxes. The ordinance may not provide penalties for late installments. A taxpayer electing to pay ad valorem taxes in installments or electing to opt-out of paying in installments, must notify the county treasurer in writing no later than January 15th of the tax year for which the installment payments are applicable, and no earlier than December 1st of the preceding tax year. If the treasurer does not receive written notification from December 1st to January 15th, the taxpayer must pay ad valorem taxes in the same manner as the previous taxable year.
(3) The treasurer must notify the county auditor and county assessor of each taxpayer electing the installment payment option or electing to opt-out of paying in installments. If the county assessor determines the property has diminished in value, an estimated property tax obligation must be adjusted to reflect the reduced value. Upon being notified of an adjustment for reduced value from the assessor, the county treasurer must notify the property owner of the adjusted estimated property tax obligation.
(B) The governing body of a county may by ordinance provide a discount in all ad valorem taxes on real property located in the county paid in advance of the January fifteenth due date. The ordinance may provide a range of discounts that vary according to the length of the prepayment period. An installment payment is based on the total property tax due for the previous property tax year, after applying all applicable credits and adjustments reflecting reduced value as determined by the county assessor. An amount equal to sixteen and two-thirds percent of the estimated property tax obligation must be paid to the county treasurer in each of five installments according to the following schedule:
In the case of the following estimates, the due date is on or before:
First February 15
Second April 15
Third June 15
Fourth August 15
Fifth October 15
The remaining balance is due on or before January 15th of the following taxable year in accordance with Section 12-45-70. The treasurer must notify the county auditor of the amount of a property owner's payments received no earlier than October 15th and no later than November 15th. A notice of the remaining tax due and other authorized charges and information must then be prepared and mailed to the property owner.
(C) If a taxpayer electing to pay in installments does not timely make each payment pursuant to the schedule in subsection (B), the county may refuse to accept all other installment payments. If the county refuses to accept other installment payments, the remaining balance is due in accordance with Section 12-45-70.
(D) Estimated property taxes paid in installments during a property tax year are a credit against the total property tax due on the real property for the property tax year. The estimated property taxes paid in installments during a property tax year must be deposited by the county treasurer in an interest bearing account. The interest is to be retained by the treasurer to offset the administrative expenses of installment payments. Once final payment is made, and no later than January 15th of the following taxable year, the installment payments must be credited to the accounts of property taxing entities in the county in the same proportion that millage was imposed by such entities in the previous tax year with the necessary adjustments made to reflect current tax year millage impositions when property taxes for the current year are paid.
(E) If the credit allowed for estimated property tax paid during the property tax year results in an overpayment of property tax, the overpayment must be refunded to the taxpayer together with the actual interest earned by the county treasurer, running from the later of the due date of the installment resulting in the overpayment, without regard to additional amounts paid, or the actual date the overpayment was received by the county treasurer, to the date the refund is issued. Except that if the overpayment is issued to the taxpayer within forty-five days of the installment payment that resulted in the overpayment, the treasurer may retain the interest earned.
(F) Every tax notice for real property, for which the installment payment option has been elected, must contain a calculation of any estimated property tax due and a payment schedule and return envelopes for these payments.
(G) The payment of estimated property tax as provided in this section and the credit allowed arising from these payments in no way alters the due date, penalty schedule, and enforced collection of property taxes as provided by law."
SECTION 2. Each county treasurer shall report to the General Assembly on the impact and implementation of this act no later than sixty days after January 15, 2009. The report shall include, but is not limited to, the costs incurred, the interest retained, and the number of individuals electing to pay ad valorem taxes in installments.
SECTION 3. This act takes effect upon approval by the Governor and applies for real property tax years beginning after 2006. /
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1047 (Word version) -- Senators Ryberg, Knotts and Lourie: A BILL TO AMEND SECTION 56-3-5400 OF THE 1976 CODE, RELATING TO FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY ISSUE FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES ONLY TO ACTIVE MEMBERS IN GOOD STANDING, TO PROVIDE A PERSON ISSUED A LICENSE PLATE PURSUANT TO THIS SECTION WHO CEASES TO BE A MEMBER MUST SURRENDER HIS LICENSE PLATE, AND TO PROVIDE PENALTIES FOR KNOWINGLY FAILING TO SURRENDER THE LICENSE PLATE.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.
The Committee on Transportation proposed the following amendment (SWB\6827CM06), which was adopted:
Amend the bill, as and if amended, page 2, by striking SECTION 2 in its entirety and inserting:
/ SECTION 2. Section 56-3-5400 of the 1976 Code, as added by Act 54 of 2005, is amended by adding at the end:
/ "(E) A person issued a special license plate pursuant to this section who is not or ceases to be a member of the Fraternal Order of Police must surrender his license plate to the department within sixty days. A person who knowingly fails to surrender his license plate pursuant to this section is guilty of a misdemeanor and, upon conviction, must be fined twenty-five dollars." /
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1058 (Word version) -- Senators Hutto, Gregory, Hawkins, Campsen, Cleary, Lourie, Alexander, Martin and Short: A BILL TO AMEND SECTION 40-71-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF CERTAIN RECORDS, SO AS TO CLARIFY THAT A FACILITY OR ACTIVITY LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL HAS A DUTY TO REPORT ACCIDENTS AND INCIDENTS PURSUANT TO THE DEPARTMENT'S REGULATIONS; TO AMEND SECTION 44-30-60, RELATING TO THE CONFIDENTIALITY OF INFORMATION ACQUIRED OR PRODUCED BY THE EXPERT REVIEW PANEL, SO AS TO CLARIFY THAT A FACILITY OR ACTIVITY LICENSED BY THE DEPARTMENT HAS A DUTY TO REPORT ACCIDENTS AND INCIDENTS PURSUANT TO THE DEPARTMENT'S REGULATIONS; AND TO AMEND SECTION 44-7-315, RELATING TO DISCLOSURE OF INFORMATION REGARDING A FACILITY OR HOME, SO AS TO CLARIFY THAT THE DEPARTMENT MAY NOT DISCLOSE ACCIDENT OR INCIDENT REPORTS, FACILITY RECORDS, OR COPIES OF FACILITY RECORDS SUBMITTED TO THE DEPARTMENT BY A FACILITY OR ACTIVITY LICENSED OR SUBJECT TO INSPECTION BY THE DEPARTMENT.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD1058.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 40-71-20 of the 1976 Code is amended to read:
"Section 40-71-20. (A) All proceedings of and all data and information acquired by the committee referred to in Section 40-71-10 in the exercise of its duties are confidential unless a respondent in the proceeding requests in writing that they be made public. These proceedings and documents are not subject to discovery, subpoena, or introduction into evidence in any civil action except upon appeal from the committee action. Information, documents, or records which are otherwise available from original sources are not immune from discovery or use in a civil action merely because they were presented during the committee proceedings, nor shall any complainant or witness before the committee be prevented from testifying in a civil action as to matters of which he has knowledge apart from the committee proceedings or revealing such matters to third persons.
(B) Confidentiality provisions do not prevent committees appointed by the Department of Health and Environmental Control from issuing reports containing solely nonidentifying data and information.
(C) Nothing in this section affects the duty of a facility or activity licensed by the Department of Health and Environmental Control to report accidents or incidents pursuant to the department's regulations. Provided, however, anything reported pursuant to the department's regulations shall not be considered to waive any privilege or confidentiality provided in subsection (A)."
SECTION 2. Section 44-30-60 of the 1976 Code is amended to read:
"Section 44-30-60. (A) An expert review panel is considered a professional committee pursuant to Chapter 71, Title 40, 'Liability of Members of Professional Committees'. Proceedings, records, and information acquired or produced by the panel is are confidential pursuant to Section 40-71-20, except that the expert review panel may notify a person or entity charged with supervision or monitoring of the requirements set forth in Section 44-30-30(3), and must notify the appropriate licensing board and the department of any occurrence of noncompliance by the health care professional with the requirements of the expert review panel.
(B) Nothing in this section affects the duty of a facility or activity licensed by the department to report accidents or incidents pursuant to the department's regulations. Provided, however, anything reported pursuant to the department's regulations shall not be considered to waive any privilege or confidentiality provided in subsection (A)."
SECTION 3. Section 44-7-315 of the 1976 Code is amended to read:
"Section 44-7-315. (A) Information received by the Division of Health Licensing of the department, through inspection or otherwise, in regard to a facility licensed by the department pursuant to this article or subject to inspection by the department including a nursing home, a community residential care facility, or an intermediate care facility for the mentally retarded or a group home operated by a county mental retardation board or the State Mental Retardation Department must be disclosed publicly upon written request to the department. The request must be specific as to the facility or home, dates, documents, and particular information requested. The department may not disclose the identity of individuals present in a facility licensed by the department pursuant to this article or subject to inspection by the department including a nursing home, a community residential care facility, an intermediate care facility for the mentally retarded, or a group home. When a report of deficiencies or violations regarding a facility licensed by the department pursuant to this article or subject to inspection by the department including a nursing home, a community residential care facility, an intermediate care facility for the mentally retarded, or a group home is present in the department's files when a request for information is received, the department shall inform the applicant that it has stipulated corrective action and the time it determines for completion of the action. The department also shall inform the applicant that information on the resolution of the corrective action order is expected to be available upon written request within fifteen days or less of the termination of time it determines for completion of the action. However, if information on the resolution is present in the files, it must be furnished to the applicant.
(B) This section does not apply to information considered confidential pursuant to Section 40-71-20 and Section 44-30-60."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1133 (Word version) -- Senators Alexander, Bryant, Martin, Malloy, Mescher, Lourie, Gregory and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3870 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A MOTOR VEHICLE TO BE EQUIPPED WITH OR FOR THE OPERATOR OF A MOTOR VEHICLE TO EMPLOY A RADAR OR LASER JAMMING DEVICE, AND TO PROVIDE A PENALTY.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.
The Committee on Transportation proposed the following amendment (SWB\6829CM06), which was adopted:
Amend the bill, as and if amended, Section 56-5-3870(A), as contained in SECTION 1, by deleting /, or is capable of, / on line 26.
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1163 (Word version) -- Senators Sheheen, Reese, Hutto and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 TO TITLE 15 SO AS TO ENACT THE "SUCCESSOR ASBESTOS-RELATED LIABILITY FAIRNESS ACT", TO DEFINE CERTAIN TERMS RELATED TO ASBESTOS-RELATED CLAIMS, TO LIMIT SUCCESSOR ASBESTOS-RELATED LIABILITIES OF A CORPORATION UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE EXCEPTIONS TO THE LIMITATIONS ON SUCCESSOR LIABILITY, AND TO PROVIDE A METHOD FOR ESTABLISHING THE FAIR MARKET VALUE OF TOTAL GROSS ASSETS IN DETERMINING THE LIMITATIONS ON SUCCESSOR LIABILITY.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the previously proposed amendment by Senators MALLOY and SHEHEEN (JUD1163.001).
Senators MALLOY and SHEHEEN proposed the following amendment (JUD1163.001), which was adopted:
Amend the bill, as and if amended, page 5, lines 32-34, by striking SECTION 4 in its entirety and inserting:
/ SECTION 4. This act takes effect upon approval by the Governor and applies to all civil actions asserting an asbestos claim filed on or after that date. /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator SHEHEEN, with unanimous consent, S. 1163 was ordered to receive a third reading on Friday, April 7, 2006.
S. 1165 (Word version) -- Senator Land: A BILL TO AMEND SECTION 56-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL RESTRICTED DRIVER'S LICENSES TO MINORS BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE RESTRICTIONS PLACED ON A DRIVER WHO IS ISSUED THIS LICENSE MAY BE MODIFIED OR WAIVED IF THE LICENSEE PROVES TO THE DEPARTMENT THAT THE RESTRICTIONS INTERFERE WITH TRAVEL BETWEEN THE LICENSEE'S HOME AND PLACE OF WORSHIP.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.
The Committee on Transportation proposed the following amendment (SWB\6828CM06), which was adopted:
Amend the bill, as and if amended, Section 56-1-180(B)(1)(b) as contained in SECTION 1, by deleting / or worship / on line 29 and inserting / church related activities, or for a medical emergency / .
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1228 (Word version) -- Senators Alexander and Cromer: A BILL TO AMEND SECTIONS 33-56-30 AND 33-56-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND ORGANIZATIONS EXEMPT FROM REGISTRATION PURSUANT TO THE SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO ALLOW CHARITABLE ORGANIZATIONS TO FILE THEIR ANNUAL REGISTRATION ON THE SAME DATE THAT FINANCIAL REPORTS PURSUANT TO THE ACT MUST BE FILED AND TO EXEMPT FROM REGISTRATION PURSUANT TO THE ACT CHARITABLE ORGANIZATIONS THAT DO NOT INTEND TO SOLICIT OR RECEIVE IN EXCESS OF SEVEN THOUSAND FIVE HUNDRED DOLLARS DURING A CALENDAR YEAR WHETHER OR NOT THE FUNDRAISING ACTIVITIES ARE CONDUCTED BY PROFESSIONAL SOLICITORS, PROFESSIONAL FUNDRAISING COUNSEL, OR COMMERCIAL CO-VENTURERS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD1228.003), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 33-56-30(A) of the 1976 Code is amended to read:
"(A) Except as otherwise provided in this chapter, a charitable organization which intends to solicit contributions within this State or have contributions solicited on its behalf must file a registration statement with the Secretary of State, on forms prescribed by the Secretary of State, by July first of each year the date provided pursuant to Section 33-56-60(A) but in all cases prior to before solicitation. The registration forms and other documents prescribed by the Secretary of State must be (i) signed by the chief executive officer and chief financial officer of the charitable organization, (ii) certified as true, and (iii) filed, along with a fee of fifty dollars."
SECTION 2. Section 33-56-50 of the 1976 Code is amended to read:
"Section 33-56-50. (A) The following are not required to file registration statements with the Secretary of State if their fundraising activities are not conducted by professional solicitors, professional fundraising counsel, or commercial co-venturers:
(1) an educational institution which solicits contributions from only its students and their families, alumni, faculty, friends, and other constituencies, trustees, corporations, foundations, and individuals who are interested in and supportive of the programs of the institution;
(2) a person requesting contributions for the relief of an individual specified by name at the time of the solicitation when all of the contributions collected, without deductions of any kind, are turned over to the named beneficiary for his use, as long as the person soliciting the contributions is not a named beneficiary;
(3) a charitable organization which (a) does not intend to solicit or receive contributions from the public in excess of five thousand dollars during a calendar year, or (b)(i) does not intend to solicit or receive contributions from the public in excess of twenty thousand dollars in a calendar year and (ii) (b) has received a letter of tax exemption from the Internal Revenue Service, if all functions, including fundraising activities, of the organization exempted pursuant to this item are conducted by persons who are compensated no more than five hundred dollars in a year for their services and no part of their assets or income inures to the benefit of or is paid to an officer or a member. If the contributions raised from the public, whether or not the contributions are actually received by a charitable organization during any calendar year, are in excess of these amounts, within thirty days after the date the contributions exceed these amounts, the organization must register with and report to the Secretary of State as required by this chapter;
(4) an organization which solicits exclusively from its membership, including a utility cooperative;
(5) a veterans' organization which has a congressional charter; and
(6) the State, its political subdivisions, and an agency or a department of the State which are subject to the disclosure provisions of the Freedom of Information Act.
(B) A charitable organization that does not intend to solicit or receive contributions from the public in excess of seven thousand five hundred dollars during a calendar year is not required to file registration statements with the Secretary of State without regard to the fact that their fundraising activities are or are not conducted by professional solicitors, professional fundraising counsel, or commercial co-venturers.
(C) A charitable organization claiming to be exempt from the registration provisions of this chapter and which solicits charitable contributions must submit annually to the Secretary of State, on forms prescribed by the Secretary of State, the name, address, and purpose of the organization and a statement setting forth the reason for the claim for exemption. If appropriate, the Secretary of State or his appropriate division shall issue a letter of exemption which that may be exhibited to the public. A filing fee is not required of an exempt organization."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1283 (Word version) -- Senators Leatherman and Peeler: A BILL TO AMEND SECTION 12-6-545, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE REDUCED STATE MARGINAL INDIVIDUAL INCOME TAX RATE TO THE ACTIVE TRADE OR BUSINESS INCOME OF A PASS-THROUGH BUSINESS, SO AS TO MAKE THIS APPLICATION AT THE ELECTION OF THE TAXPAYER, TO PROVIDE A MINIMUM FIVE YEARS FOR THIS ELECTION, TO PROVIDE ADDITIONAL DEFINITIONS FOR THIS APPLICATION, AND TO PROVIDE A "SAFE HARBOR" AMOUNT IN DETERMINING THE NONPERSONAL SERVICE PORTION OF ACTIVE TRADE OR BUSINESS INCOME IN A PASS-THROUGH BUSINESS WITH GROSS INCOME OF LESS THAN ONE MILLION DOLLARS AND TAXABLE INCOME OF LESS THAN ONE HUNDRED THOUSAND DOLLARS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (1283R001.WHO), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 12-6-545 of the 1976 Code, as added by Act 41 of 2005, is amended to read:
"Section 12-6-545. (A) As used in this section:
(1) 'Active trade or business income or loss' means income or loss of an individual, estate, trust, or any other entity except those taxed or exempted from tax pursuant to Sections 12-6-530 through 12-6-550 resulting from the ownership of an interest in a pass-through business. Active trade or business income or loss does not include:
(a)(i) passive investment income as defined in Internal Revenue Code Section 1362(d) generated by a pass-through business and income of the same type regardless of the type of pass-through business generating it; and
(ii) expenses related to passive investment;
(b) capital gains and losses;
(c) any payments for services referred to in Internal Revenue Code Section 707(c);
(d) amounts reasonably related to personal services. All amounts paid as compensation and all guaranteed payments for services, but not for the use of capital as defined in Internal Revenue Code Section 707(c), are deemed to be reasonably related to personal services. In addition, if an owner of a pass-through entity who performs personal services for the entity is not paid a reasonable amount for those personal services as compensation or payments referred to in Internal Revenue Code Section 707(c), all of the owner's income from the entity is presumed to be amounts reasonably related to personal services.
For purposes of this section, amounts reasonably related to personal services include amounts reasonably related to the personal services of the owner, the owner's spouse, and any person claimed as a dependent on the owner's income tax return.
(2) 'Pass-through businesses' mean sole proprietorships, partnerships, and 'S' corporations, including limited liability companies taxed as sole proprietorships, partnerships, or 'S' corporations.
(B)(1) Notwithstanding Section 12-6-510, an a taxpayer may elect annually to have the income tax at the rate provided in item (2) of this subsection is imposed annually on the active trade or business income received by the owner of a pass-through business. For joint returns, the election is effective for both spouses. The amount subject to tax pursuant to this section is not subject to tax pursuant to Section 12-6-510.
(2) The rate of the income tax imposed pursuant to this subsection is:
Taxable Year Beginning in Rate of Tax
2006 6.5 percent
2007 6 percent
2008 5.5 percent
after 2008 5 percent
(C) Notwithstanding any other provision of this chapter, active trade or business loss must first be deducted, dollar for dollar against active trade or business income. Any remaining active trade or business loss is multiplied by a fraction, the numerator of which is the rate of tax imposed pursuant to subsection (B)(2) of this section, and the denominator of which is the highest income tax rate imposed pursuant to Section 12-6-510. The resulting amount is deductible from income taxed under Section 12-6-510 if otherwise allowable.
(D) The department may issue guidance as to what expenses reduce active trade or business income.
(E)(1) Notwithstanding subsection (A)(1)(e) of this section, if a taxpayer owns interest in one or more pass-through businesses which have a total gross income of less than one million dollars and taxable income of less than one hundred thousand dollars, then the taxpayer may elect, in lieu of determining the actual amount of active trade or business income related to the taxpayer's personal services, to treat fifty percent of the taxpayer's active trade or business income as not related to the taxpayer's personal services. For purposes of this item, the term 'taxpayer' includes both taxpayers who file a joint return.
(2) The department may provide other methods that may be used to determine an amount deemed to be unrelated to the owner's personal services if it determines that the benefits to the state of taxing income from personal services at a higher rate are insufficient to justify the burdens imposed on the taxpayer."
SECTION 2. This act takes effect upon approval by the Governor and applies for taxable years beginning after 2005. /
Renumber sections to conform.
Amend title to conform.
Senator O'DELL explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3060 (Word version) -- Reps. Ceips, Vaughn, Mahaffey, Sandifer, Toole, Duncan, M.A. Pitts, Umphlett, Dantzler, Whitmire, Barfield, Jefferson, Govan, Hosey, Vick, Chalk, J. Hines, Anderson, G. Brown, Miller, Battle, Whipper, Sinclair, Haley, Martin, Young, Haskins, Brady, Moody-Lawrence, Loftis, Phillips, Anthony, R. Brown, D.C. Smith, Limehouse, Coates, Owens, Rhoad, Leach, Littlejohn, Neilson, Bales, E.H. Pitts, Huggins and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 16 SO AS TO DEFINE THE TERMS "BLACKMAIL", "COMMERCIAL SEXUAL ACTIVITY", "LABOR", "SEXUALLY EXPLICIT PERFORMANCE", "SERVICES", AND "FORCED LABOR OR SERVICES", TO CREATE OFFENSES INVOLVING INVOLUNTARY SERVITUDE WHEN A PERSON SUBJECTS ANOTHER PERSON TO FORCED LABOR OR SERVICES BY CAUSING OR THREATENING PHYSICAL HARM, PHYSICAL RESTRAINT, FINANCIAL HARM, ABUSING THE LAW OR LEGAL PROCESS, OR CONCEALING OR CONFISCATING IDENTIFICATION SUCH AS A PASSPORT, WHEN A PERSON INTENTIONALLY AIDS IN SUBJECTING ANOTHER PERSON TO FORCED LABOR OR SERVICES, AND WHEN A PERSON BENEFITS FINANCIALLY AS A DIRECT RESULT OF HIS PARTICIPATION IN AN INVOLUNTARY SERVITUDE OFFENSE, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-3-810, RELATING TO ENGAGING A CHILD FOR A SEXUAL PERFORMANCE, SO AS TO REFERENCE ENGAGING A CHILD FOR COMMERCIAL SEXUAL ACTIVITY OR A SEXUALLY EXPLICIT PERFORMANCE AND TO PROVIDE AN INCREASED PENALTY IF A PERSON VIOLATES THE PROVISIONS OF THIS SECTION AND USES OVERT FORCE OR THE THREAT OF OVERT FORCE.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD3060.001), which was adopted:
Amend the bill, as and if amended, page 2, by striking lines 4-11 and inserting:
/ "Section 16-3-930. (A) A person who knowingly subjects another person to forced labor or services, or recruits, entices, harbors, transports, provides, or obtains by any means another person knowing that the person will be subjected to forced labor or services, or aids, abets, attempts, or conspires to do any of the above acts is guilty of a felony known as trafficking in persons for forced labor or services and, upon conviction, must be imprisoned for not more than fifteen years. /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3735 (Word version) -- Reps. Vaughn, Cato, Haskins, Hamilton, Leach, Loftis, Cotty, Pinson, Altman, Haley, Rhoad, Barfield, Branham, Cooper, Duncan, Emory, Frye, Hinson, Hosey, Limehouse, Littlejohn, Martin, Merrill, Perry, Tripp, Umphlett and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1335 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL SUSPEND A VEHICLE'S REGISTRATION AND NOT REGISTER OR REREGISTER A MOTOR VEHICLE THAT WAS OPERATED WHEN ITS DRIVER FAILED TO PAY A TOLL AND WHOSE OWNER HAS AN OUTSTANDING JUDGMENT FOR FAILURE TO PAY A TOLL ENTERED AGAINST HIM, TO PROVIDE A FIFTY DOLLAR REINSTATEMENT FEE THAT MUST BE USED TO DEFRAY THE COSTS ASSOCIATED WITH THIS SECTION; TO AMEND SECTION 57-5-1495, AS AMENDED, RELATING TO THE COLLECTION OF TOLLS, SO AS TO PROVIDE THAT UPON AN ADJUDICATION OF LIABILITY FOR FAILURE TO PAY A TOLL, THE COURT MUST MAIL A COPY OF THE JUDGMENT TO THE VEHICLE'S OWNER OR OPERATOR, TO PROVIDE THAT IF THE JUDGMENT IS NOT SATISFIED WITHIN A CERTAIN PERIOD OF TIME, THE COURT SHALL NOTIFY THE DEPARTMENT OF MOTOR VEHICLES OF THIS INCIDENT WHICH SHALL SUSPEND THE REGISTRATION OF THE VEHICLE THAT WAS OPERATED WHEN THE TOLL WAS NOT PAID AND DENY THE VEHICLE'S REGISTRATION OR REREGISTRATION UNTIL THE JUDGMENT IS SATISFIED, TO DELETE THE PROVISION THAT REFERS TO THE CITATION AS A TRAFFIC CITATION, AND TO PROVIDE THAT A "FAILURE TO PAY A TOLL" CITATION CONSTITUTES THE SUMMONS AND COMPLAINT FOR AN ACTION TO RECOVER THE TOLL AND ALL APPLICABLE FEES ALLOWED PURSUANT TO THIS SECTION.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.
The Committee on Transportation proposed the following amendment (SWB\6830CM06), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 4 in its entirety, and inserting:
/ SECTION 4. This act takes effect nine months after its approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1314 (Word version) -- Judiciary Committee: A BILL TO AMEND TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 79 TO CREATE THE ORDER OF THE SWORD AND MACE, THE HIGHEST CIVILIAN HONOR THAT MAY BE AWARDED TO LIVING PERSONS OR AWARDED POSTHUMOUSLY BY THE GENERAL ASSEMBLY; TO RECOGNIZE STATE CITIZENS FOR EXCELLENCE, VALOR, OR EXTRAORDINARY SERVICE; AND TO PROVIDE FOR THE METHOD OF SELECTING HONOREES.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators McCONNELL, KNOTTS and FORD proposed the following amendment (JUD1314.001), which was adopted:
Amend the bill, as and if amended, page 1, by striking line 35 and inserting:
/ resident's excellence, valor, or extraordinary service. /
Amend the bill further, page 2, by striking line 37 and inserting:
/ (1) be or have been a resident of the State of South Carolina; /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator KNOTTS, with unanimous consent, S. 1314 was ordered to receive a third reading on Friday, April 7, 2006.
S. 1231 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONTAINED IN THE PROVISIONS RELATING TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO REVISE THE DEFINITIONS OF THE TERMS "STATE", "CONVICTION", AND "LOW SPEED VEHICLES", AND TO PROVIDE A DEFINITION FOR THE TERM "HOME JURISDICTION"; TO AMEND SECTION 56-1-640, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES' POLICY OF REPORTING A CONVICTION OF A PERSON FROM ANOTHER STATE TO THE APPROPRIATE AUTHORITY OF HIS HOME STATE, SO AS TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THAT A CONVICTION OF A PERSON FROM CANADA OR MEXICO THAT OCCURS IN THIS STATE SHALL BE REPORTED TO THE PERSON'S HOME COUNTRY; TO AMEND SECTION 56-1-747, RELATING TO THE DEFINITION OF THE TERM "CONVICTION", SO AS TO DELETE A REFERENCE TO ITS DEFINITION CONTAINED IN SECTION 56-1-2030; TO AMEND SECTION 56-1-790, RELATING TO THE RECORDING OF MOTOR VEHICLE CONVICTIONS OF RESIDENTS OF SOUTH CAROLINA THAT OCCUR IN OUT-OF-STATE JURISDICTIONS, SO AS TO PROVIDE THAT CERTAIN OUT-OF-STATE CONVICTIONS MUST NOT BE RECORDED ON THE PERSON'S DRIVING RECORD IN THIS STATE FOR HISTORICAL PURPOSES; TO AMEND SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN THE SOUTH CAROLINA COMMERCIAL DRIVER'S LICENSE ACT, SO AS TO DELETE THE DEFINITION OF THE TERM "CONVICTION", AND TO REVISE THE DEFINITION OF THE TERM "HAZARDOUS MATERIALS"; TO AMEND SECTION 56-1-2100, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER'S LICENSE, SO AS TO REVISE THE DESCRIPTION OF A VEHICLE THAT REQUIRES A DRIVER TO POSSESS A CLASS C COMMERCIAL DRIVER'S LICENSE; AND TO REPEAL SECTIONS 56-1-630, 56-1-710, AND 56-1-1310, RELATING TO THE DEFINITIONS OF TERMS CONTAINED IN THE DRIVER LICENSE COMPACT, THE DEFINITION OF THE TERM "CONVICTION" AS IT RELATES TO THE POINT SYSTEM FOR EVALUATING OPERATING RECORDS OF DRIVERS, AND THE DEFINITION OF THE TERM "CONVICTED" AS IT RELATES TO THE ISSUANCE OF PROVISIONAL DRIVER'S LICENSES.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.
The Committee on Transportation proposed the following amendment (SWB\6823CM06), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION __. Section 56-1-2005 of the 1976 Code, as added by Act 42 of 2005 is amended to read:
"The South Carolina Department of Motor Vehicles shall must administer the South Carolina Commercial Driver's License Program in accordance with the Federal Motor Carrier Safety Regulations. The rules adopted by and regulations promulgated by the United States Department of Transportation (USDOT) relating to safety of operation and to equipment (49 CFR Parts 380, 382-385, and 390-399 and amendments thereto) and the rules adopted by and regulations promulgated by the USDOT relating to hazardous material (49 CFR Parts 171-180 and amendments thereto) must be adopted and enforced in South Carolina." /
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the committee amendment.
The committee amendment was adopted.
The Committee on Transportation proposed the following amendment (SWB\6832CM06), which was adopted:
Amend the bill, as and if amended, Section 56-1-2030(17)(16) as contained in SECTION 5 on page 7, by inserting / 49 CFR 383.5 and / after / under / on line 34.
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
On motion of Senator HUTTO, the Bill was carried over, as amended.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 391 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 2-17-10 AND 8-13-1300, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN MATTERS RELATING TO CAMPAIGN PRACTICES AND IN MATTERS RELATING TO LOBBYISTS AND LOBBYING, RESPECTIVELY, INCLUDING THE DEFINITION OF LEGISLATIVE CAUCUS COMMITTEE, SO AS TO PROVIDE THAT SUCH A CAUCUS MAY BE CREATED BASED UPON A SPECIAL LEGISLATIVE INTEREST.
Senator McCONNELL moved that the Bill be recalled from the Committee on Judiciary.
The Bill was recalled from the committee and placed on the Calendar for consideration tomorrow.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.
H. 3841 (Word version) -- Reps. Talley, Bowers, Cotty, Clark, Chellis, Martin, Skelton, Davenport, McGee, Altman, Bailey, Brady, Harrison, J. Hines, Leach, Miller, Moody-Lawrence, Phillips, Rice, Scarborough, Scott, W.D. Smith, Young, Jennings, Coleman, Hagood, Pinson and Loftis: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 34 SO AS TO ENACT THE "SOUTH CAROLINA RETAIL FACILITIES REVITALIZATION ACT" INCLUDING PROVISIONS TO PROVIDE PROPERTY TAX CREDITS OR INCOME TAX CREDITS FOR REHABILITATION EXPENSES MADE TO ELIGIBLE SITES WHICH HAVE BEEN USED AS RETAIL SALES OR SERVICE FACILITIES.
The House returned the Bill with amendments.
On motion of Senator LEATHERMAN, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on April 6, 2006, at 1:10 P.M. and the following Acts and Joint Resolutions were ratified:
(R269, H. 3196 (Word version)) -- Reps. Whitmire, Mahaffey and Sandifer: AN ACT TO AMEND SECTION 33-31-708, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ACTION TAKEN BY BALLOT OF A NONPROFIT CORPORATION, SO AS TO AUTHORIZE THE USE OF AN ELECTRONIC BALLOT.
L:\COUNCIL\ACTS\3196DW06.DOC
(R270, H. 3721 (Word version)) -- Reps. Talley and Harrison: AN ACT TO AMEND SECTION 7-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTION OF A CANDIDATE WHERE THE PARTY NOMINEE DIES, BECOMES DISQUALIFIED, OR RESIGNS, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION REVIEWS THE WITHDRAWAL OF A CANDIDATE IN A MULTI-COUNTY ELECTION OR AN ELECTION FOR A MEMBER OF THE GENERAL ASSEMBLY.
L:\COUNCIL\ACTS\3721DW06.DOC
(R271, H. 3796 (Word version)) -- Reps. Cato, Huggins and Ballentine: AN ACT TO AMEND CHAPTER 60, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40 UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS, INCLUDING AMONG OTHER THINGS, REVISIONS OF THE CLASSROOM OR COURSE HOURS REQUIRED TO QUALIFY FOR THE DESIGNATED LEVELS OF APPRAISAL PERMITS, LICENSURE, AND CERTIFICATION.
L:\COUNCIL\ACTS\3796AC06.DOC
(R272, H. 3879 (Word version)) -- Reps. M.A. Pitts, Hardwick, Witherspoon, E.H. Pitts, Agnew, J. Brown, Hagood, Jefferson, Leach, Littlejohn, Sandifer, Sinclair, G.R. Smith, W.D. Smith, Umphlett, Duncan and Toole: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-95 SO AS TO MAKE IT UNLAWFUL TO ENGAGE IN COMPUTER-ASSISTED REMOTE HUNTING, TO MAKE IT UNLAWFUL TO ESTABLISH OR OPERATE COMPUTER-ASSISTED REMOTE HUNTING FACILITIES, TO DEFINE COMPUTER-ASSISTED REMOTE HUNTING AND COMPUTER-ASSISTED REMOTE HUNTING FACILITIES FOR THIS PURPOSE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATION INCLUDING LOSS OF SOUTH CAROLINA HUNTING AND FISHING LICENSES OR PRIVILEGES.
L:\COUNCIL\ACTS\3879SD06.DOC
(R273, H. 4421 (Word version)) -- Reps. Chellis, Young, Bailey, Harrell, Harrison and Miller: AN ACT TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TEMPORARY ALCOHOLIC BEVERAGE PERMITS UPON A FAVORABLE REFERENDUM VOTE, SO AS TO PROVIDE THAT TEMPORARY PERMITS FOR THE SALE OF BEER AND WINE FOR OFF-PREMISES CONSUMPTION AUTHORIZED TO BE ISSUED IN A COUNTY OR MUNICIPALITY PURSUANT TO THE REFERENDUM PROVIDED FOR AT THAT TIME MAY CONTINUE TO BE ISSUED OR REISSUED WITHOUT THE REQUIREMENT OF A FURTHER REFERENDUM.
L:\COUNCIL\ACTS\4421SD06.DOC
(R274, H. 4429 (Word version)) -- Reps. Townsend, Mitchell, Edge, J.E. Smith, Viers, Harrell, Clark, Clyburn, Littlejohn, Walker, Clemmons, Cooper, Barfield, Govan, Frye, Bailey, Huggins, Leach, Witherspoon, Anderson, Hardwick, Hiott, Rhoad, W.D. Smith, Miller, Altman, Anthony, Bales, Ballentine, Battle, Brady, Branham, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Davenport, Duncan, Hagood, Haley, Hamilton, Harrison, Hayes, Herbkersman, J. Hines, Hosey, Howard, Jefferson, Kennedy, Limehouse, Loftis, Mahaffey, Martin, McCraw, McGee, Merrill, J.H. Neal, Ott, Perry, E.H. Pitts, M.A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Simrill, D.C. Smith, F.N. Smith, G.R. Smith, J.R. Smith, Thompson, Vick, White, Young, McLeod, Jennings, Tripp, Haskins and Delleney: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-425 SO AS TO REVISE AND FURTHER PROVIDE FOR THE LENGTH OF THE SCHOOL TERM AND THE BEGINNING OF THE SCHOOL TERM, THE USE OF INSTRUCTIONAL AND OTHER DAYS, AND PROVISIONS AND PROCEDURES FOR MAKE-UP DAYS; AND TO REPEAL SECTION 59-1-420 RELATING TO THE LENGTH OF THE SCHOOL TERM, SECTION 59-1-430 RELATING TO MAKE-UP DAYS, AND SECTION 59-1-440 RELATING TO THE HOURS AND USE OF A SCHOOL DAY.
L:\COUNCIL\ACTS\4429SD06.DOC
(R275, H. 4624 (Word version)) -- Reps. Vaughn, Harrell, Cooper, Haskins, Leach, Taylor, Bannister, Cato, Ceips, Hamilton, Littlejohn, Loftis, Mahaffey, Mitchell, Rice, Sinclair, F.N. Smith, G.R. Smith, W.D. Smith, Talley, Walker, Tripp and Townsend: AN ACT TO AMEND SECTION 56-3-2330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF MOTOR VEHICLE MANUFACTURER LICENSE PLATES BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO INCREASE THE NUMBER OF LICENSE PLATES THAT THE DEPARTMENT MAY ISSUE TO A MOTOR VEHICLE MANUFACTURER.
L:\COUNCIL\ACTS\4624CM06.DOC
THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 1205 (Word version) -- Senators Grooms, Verdin, Hutto, Peeler, Williams, Land, Bryant, O'Dell, Jackson, Cromer, Ford, Knotts and Setzler: A BILL TO AMEND CHAPTER 45 OF TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUISANCE SUITS PERTAINING TO AGRICULTURAL OPERATIONS, SO AS TO PROVIDE THAT WITH CERTAIN EXCEPTIONS LOCAL ORDINANCES IN CONFLICT WITH STATE LAW OR REGULATIONS GOVERNING AN AGRICULTURAL FACILITY OR OPERATION, ARE NULL AND VOID AND TO FURTHER DEFINE WHAT CONSTITUTES AN AGRICULTURAL OPERATION.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator MATTHEWS asked unanimous consent to take up Amendment No. 23 for immediate consideration.
There was no objection.
Senator MATTHEWS proposed the following Amendment No. 23 (1205R011.JWM), which was adopted, then reconsidered and tabled:
Amend the bill, as and if amended, page 3, by striking lines 37-43 and page 4, by striking lines 1-4 (Section 45-46-80) and inserting:
/ Section 46-45-80. (A) Any setback distances given in R. 61-43, Standards for Permitting of Agricultural Animal Facilities, are minimum siting requirements as established by the Department of Health and Environmental Control. The department may require additional setback distances on a case-by-case basis considering the factors set forth in the regulation. Such distances may be waived or reduced by written consent of the adjoining property owners, or otherwise without consent of the adjoining property owners, when there are innovative and alternative technologies approved by the department pursuant to the Innovative and Alternative Technologies Section of R. 61-43.
(B) Notwithstanding any other provision of law or regulation, the department may not issue a permit for an agricultural animal facility that would be located within one thousand three hundred twenty feet of a residence unless waived by the affected property owner. All agricultural animal facilities affected by this setback provision must have a vegetative buffer between the facility and the affected residence./
Renumber sections to conform.
Amend title to conform.
Senator MATTHEWS explained the amendment.
The amendment was adopted.
Senator VERDIN asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 23 was adopted.
Senator VERDIN spoke on the motion.
Senator LEVENTIS raised a Point of Order that the motion was out of order inasmuch as the Senator making the motion did not vote on the prevailing side.
Having voted on the prevailing side, Senator FAIR moved to reconsider the vote whereby Amendment No. 23 was adopted.
The motion to reconsider was adopted.
The question then was the adoption of Amendment No. 23.
Senator VERDIN argued contra to the adoption of the amendment.
Senator VERDIN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryant Cromer Elliott Fair Grooms Hawkins Hutto Knotts Leatherman Martin McConnell McGill Moore Peeler Rankin Reese Ryberg Scott Setzler Sheheen Short Thomas Verdin Williams
Anderson Campsen Courson Drummond Ford Gregory Hayes Jackson Leventis Lourie Malloy Matthews Patterson Pinckney Richardson
The amendment was laid on the table.
Senator MATTHEWS proposed the following Amendment No. 12 (NBD\12373AC06), which was tabled:
Amend the bill, as and if amended, page 4, after line 16 by inserting:
/Section 46-45-100. The Department of Health and Environmental Control shall monitor air quality of poultry facilities and the effects of the air quality on neighboring property owners. /
Renumber sections to conform.
Amend title to conform.
Senator MATTHEWS spoke on the amendment.
Senator GROOMS moved to lay the amendment on the table.
On motion of Senator PEELER, with unanimous consent, Senators ANDERSON, FAIR, RITCHIE and SHORT were granted leave to attend a subcommittee meeting and be granted leave to vote from the balcony.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryant Campsen Cromer Drummond Elliott Fair Gregory Grooms Hawkins Hayes Hutto Knotts Leatherman Martin McConnell McGill Moore Peeler Rankin Reese Ritchie Ryberg Scott Setzler Short Thomas Verdin Williams
Anderson Courson Leventis Lourie Malloy Matthews Patterson Pinckney Richardson
The amendment was laid on the table.
Senators LEVENTIS proposed the following Amendment No. 16 (GJK\21081SD06), which was tabled:
Amend the bill, as and if amended, in Chapter 45, Title 46 of the 1976 Code, as contained in SECTION 1, by adding a new Section 46-45-95 immediately after Section 46-45-70 on page 4 to read:
/ Section 46-45-95. Notwithstanding any other provision or requirement of this chapter, a governing body of a county may by ordinance adopt setback distances for agricultural facilities or operations which are different from those required by state law or regulation if the setback distances are recommended or contained in a standards publication of a nationally recognized agricultural, planning, or engineering organization. /
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the amendment.
Senator GROOMS spoke on the amendment.
Senator GROOMS moved to lay the amendment on the table.
The amendment was laid on the table.
Senator LEVENTIS proposed the following Amendment No. 17 (1205R008.PPL), which was tabled:
Amend the bill, as and if amended, page 4, by striking line 18 and inserting:
/ SECTION 2. The General Assembly must appropriate funds necessary for the enforcement of this act.
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator ALEXANDER proposed the following Amendment No. 18 (1205R009.TCA), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 in its entirety and inserting:
/ SECTION 2. This act takes effect upon approval by the Governor. This act does not apply to any license or permit application for which a Department of Health and Environmental Control decision is made prior to the effective date. /
Renumber sections to conform.
Amend title to conform.
Senator GROOMS explained the amendment.
Senator GROOMS moved that the amendment be adopted.
The amendment was adopted.
Senators MATTHEWS, SHEHEEN, VERDIN and GROOMS proposed the following Amendment No. 25 (1205R012.VAS), which was adopted:
Amend the bill, as and if amended, page 3, by striking lines 37-43 and page 4, by striking lines 1-4 (Section 45-46-80) and inserting:
/ Section 46-45-80. Any setback distances given in R. 61-43, Standards for Permitting of Agricultural Animal Facilities, are minimum siting requirements as established by the Department of Health and Environmental Control. The department may require additional setback distances on a case-by-case basis considering the factors set forth in the regulation. Such distances may be waived or reduced by written consent of the adjoining property owners, or otherwise without consent of the adjoining property owners, when there are innovative and alternative technologies approved by the department pursuant to the Innovative and Alternative Technologies Section of R. 61-43. All agricultural animal facilities affected by these setback provisions must have a vegetative buffer between the facility and the affected residence as established by DHEC unless otherwise agreed to in writing by the adjoining landowners. /
Renumber sections to conform.
Amend title to conform.
Senator SHEHEEN explained the amendment.
Senator SHEHEEN moved that the amendment be adopted.
The amendment was adopted.
Senator MATTHEWS proposed the following Amendment No. 26 (NBD\12425AC06), which was tabled:
Amend the bill, as and if amended, Section 46-45-10(5) page 2, line 11 after /operations/ by inserting /and operations provided for in Section 46-45-90/.
Amend the bill, further, Section 46-45-60(A) page 3, line 37 after /operations/ by inserting /and operations provided for in Section 46-45-90/
Amend the bill, further, page 5, after line 4 by inserting:
/Section 46-45-90. This chapter does not apply to agricultural operations that are in existence on this chapter's effective date and that are regulated by local laws or ordinances in effect on this chapter's effective date. For purposes of this section, the established date of operation is the date on which an agricultural operation commenced operation. If the physical facilities of the agricultural operation are expanded subsequently or new technology adopted, the established date of operation for each change is not a separately and independently established date of operation and the commencement of the expanded operation does not divest the agricultural operation of a previously established date of operation./.
Renumber sections to conform.
Amend title to conform.
Senator MATTHEWS explained the amendment.
Senator MATTHEWS moved that the amendment be adopted.
Senator GROOMS spoke on the amendment.
Senator GROOMS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryant Cromer Drummond Elliott Fair Grooms Hawkins Knotts Leatherman Martin McConnell McGill O'Dell Peeler Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Verdin Williams
Anderson Campsen Courson Gregory * Hayes Jackson Leventis Lourie Malloy Matthews Patterson Pinckney Richardson
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The amendment was laid on the table.
Senator MATTHEWS proposed the following Amendment No. 28 (1205R013.JWM), which was tabled:
Amend the bill, as and if amended, page 5, after line 5 by adding:
/ Section 46-45-90. A person purchasing property in an area zoned agriculture must be notified by the seller and a statement must be attached to the contract for sale or contained in the contract for sale indicating the seller or the seller's agent has informed the buyer prior to purchasing a lot within an area zoned for agriculture of the following:
'Agricultural activities may occur on adjacent parcels that may create disturbing odors and noise including, but not limited to, livestock and poultry, organic pesticides, inorganic fertilizer and hours of operation.'/
Renumber sections to conform.
Amend title to conform.
Senator MATTHEWS explained the amendment.
Senator MATTHEWS moved that the amendment be adopted.
Senator MARTIN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator SHEHEEN proposed the following Amendment No. 27A (NBD\12428AC06), which was adopted:
Amend the bill, as and if amended, Section 46-45-10(5), page 2, line 11 after /operations/ by inserting /and new slaughterhouse operations/
Amend the bill, further, Section 46-45-20, page 3, after line 14 by inserting:
/(D) For purposes of this chapter, 'new slaughterhouse operations' means agricultural operations that:
(1) are established after this chapter's effective date; and
(2) slaughter or process more than two hundred million pounds of livestock, hogs, aquatic animals, equine, chickens, turkeys, poultry, or other fowl normally raised for food, mules, cattle, sheep, goats, rabbits, or similar farm animals for commercial purposes.
(3) a new slaughterhouse operation does not include a slaughterhouse located within the corporate limits of a city that relocates within that same county./
Amend the bill, further, Section 46-45-60(A), page 3, line 37 after /operations/ by inserting /and new slaughterhouse operations/
Renumber sections to conform.
Amend title to conform.
Senator SHEHEEN proposed the following Amendment No. 27A.
Senator SHEHEEN explained the amendment.
The amendment was adopted.
There being no further amendments, the question then was the second reading of the Bill.
Senator LEVENTIS was recognized to speak on the Bill.
At 2:12 P.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was present.
The Senate resumed.
Senator LEVENTIS spoke on the Bill.
The Bill was read the second time, passed and ordered to a third reading.
Senators LEVENTIS, RICHARDSON, CLEARY, COURSON, CAMPSEN, LOURIE, MATTHEWS, HAYES, GREGORY and PATTERSON desired to be recorded as voting against the second reading of the Bill.
The Bill was returned to the status of Special Order.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.
S. 969 (Word version) -- Senators McConnell, Leatherman, Thomas, Martin, Short, Alexander, Richardson, Ritchie, Sheheen, Campsen, Williams, Ford, Anderson and Knotts: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ANNUAL BUDGETS AND EXPENSES OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS, SO AS TO PROVIDE THAT IF A TAX MUST BE LEVIED TO PAY FOR A DEFICIENCY OF THE PRECEDING YEAR, ANY CATASTROPHIC EVENT OUTSIDE THE CONTROL OF THE GOVERNING BODY, OR COMPLIANCE WITH A COURT ORDER OR DECREE, THE AMOUNT OF TAX PAID BY A TAXPAYER MUST BE LISTED ON THE TAX STATEMENT AS A SEPARATE SURCHARGE AND NOT INCLUDED WITH A GENERAL MILLAGE INCREASE; AND PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF THIS STATE, RELATING TO FINANCE AND TAXATION, BY ADDING SECTION 17, SO AS TO PROVIDE THAT, EXCEPT IN CERTAIN CIRCUMSTANCES, A SCHOOL DISTRICT, COUNTY, MUNICIPALITY, SPECIAL PURPOSE DISTRICT, PUBLIC SERVICE DISTRICT, OR POLITICAL SUBDIVISION OF THE STATE MUST LIMIT AN INCREASE IN ITS MILLAGE RATE TO NO MORE THAN THE AVERAGE OF THE PERCENTAGE INCREASES IN THE TOTAL PERSONAL INCOME GROWTH IN THE STATE FOR EACH OF THE THREE PREVIOUSLY COMPLETED CALENDAR YEARS FOR WHICH FIGURES ARE AVAILABLE FROM THE UNITED STATES DEPARTMENT OF COMMERCE.
The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.
On motion of Senator MARTIN, the Joint Resolution was carried over.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
H. 4449 (Word version) -- Reps. Cotty, Harrell, Merrill, Walker, Ballentine, Limehouse, E.H. Pitts, Haley, Clark, Townsend, Altman, Anthony, Bailey, Bingham, Bowers, Cato, Ceips, Chellis, Clyburn, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Hagood, Harrison, Haskins, Herbkersman, Hinson, Leach, Littlejohn, Loftis, Mahaffey, Martin, Phillips, Pinson, M.A. Pitts, Rhoad, Sandifer, Scarborough, F.N. Smith, G.M. Smith, J.R. Smith, Thompson, Toole, Tripp, Umphlett, Vaughn, White, Whitmire, Young, Bales, Lucas, Kirsh, Huggins, Brady, Hamilton, McGee and Stewart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO IMPOSE AN ADDITIONAL TWO PERCENT SALES AND USE TAX, TO EXEMPT THE SALE OF UNPREPARED FOOD, TO PROVIDE AN ADDITIONAL EXEMPTION EQUAL TO ONE HUNDRED PERCENT OF THE FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY FROM THE PROPERTY TAX, TO PROVIDE FOR THE MANNER, AMOUNT, AND CONDITIONS UNDER WHICH REVENUES IN THE HOMESTEAD EXEMPTION FUND SHALL BE DISBURSED TO PROPERTY TAXING ENTITIES OF THIS STATE, TO ADD SECTION 4-9-56 SO AS TO LIMIT THE MILLAGE PROPERTY TAXING ENTITIES OF THIS STATE MAY IMPOSE ON PROPERTY OTHER THAN OWNER-OCCUPIED RESIDENTIAL PROPERTY, TO REPEAL SECTIONS 12-37-223A, 12-37-270, 12-43-217, 12-43-250, 12-43-260, AND 12-43-295, ALL RELATING TO PROPERTY TAX.
(ABBREVIATED TITLE)
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
Senator HAYES was recognized to speak on the Bill.
Senator McCONNELL asked unanimous consent to make a motion that the pending committee amendment be withdrawn and the following committee amendment be substituted.
There was no objection and the following committee amendment was substituted:
The Committee on Finance proposed the following amendment (4449R006.RWH):
Amend the COMMITTEE AMENDMENT, as and if amended, by striking the amendment in its entirety and inserting:
// Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. A. Chapter 36, Title 12 of the 1976 Code is amended by adding:
Additional Sales, Use, and Casual Excise Tax
Section 12-36-1110. An additional sales, use, and casual excise tax equal to one percent is imposed on amounts taxable pursuant to this chapter. This additional tax does not apply to items subject to a maximum sales and use tax pursuant to Section 12-36-2110.
Section 12-36-1120. Notwithstanding any other provision of law providing for the use of sales and use tax revenues, the revenue of the tax imposed pursuant to this article must be credited to the State Property Tax Credit Fund established pursuant to Section 11-11-155.
Section 12-36-1130. The Department of Revenue may prescribe amounts that may be added to the sales price to reflect the additional tax imposed pursuant to this article."
B. The provisions of Section 4-10-350(F) and (G) of the 1976 Code apply mutatis mutandis with respect to the tax imposed pursuant to Article 11, Chapter 36, Title 12 of the 1976 Code as added by this section.
SECTION 2. Chapter 11, Title 11 of the 1976 Code is amended by adding:
"Section 11-11-155. (A)(1) Except as provided pursuant to subsection (B) of this section, the revenue from the tax imposed pursuant to Section 12-36-1110 and an annual amount equal to the actual amount credited to the Trust Fund for Tax Relief in Fiscal Year 2005-2006 pursuant to the provisions of Section 12-37-251 (the residential exemption amount) is automatically credited to a fund separate and distinct from the general fund of the State and all other funds known as the 'State Property Tax Credit Fund'. The residential exemption amount must be deducted from the annual estimate of the Board of Economic Advisors of state individual and corporate tax revenues for the fiscal year. The Board of Economic Advisors shall account for the State Property Tax Credit Fund revenue separately from general fund revenues, and the board shall include estimates of the receipts in its November estimate and subsequent estimates through the board's February estimate and these estimates must be transmitted to the State Treasurer, the Comptroller General, the Chairmen of the House Ways and Means Committee and the Senate Finance Committee, and to each school district. Distributions to school districts and reimbursements to the general fund of the State pursuant to subsection (B) of this section must be based on the board's February estimate. No portion of these revenues may be credited to the Education Improvement Act (EIA) Fund.
(2) There is established in the State Treasury the State Property Tax Credit Fund Reserve (reserve) as a fund separate and distinct from the State Property Tax Credit Fund, the general fund of the State, and all other funds. In each month of the initial twelve months of the imposition of the tax imposed pursuant to Section 12-36-1110, an amount equal to ten million dollars of the revenue of the tax is automatically credited to the reserve until a balance of fifty million dollars is obtained in the reserve. Thereafter, in each state fiscal year, the revenues of this tax as they accrue first must be credited to the reserve at the rate of ten million dollars a month until the balance in the reserve equals fifty million dollars. Balances in the reserve at the end of a fiscal year remain in this reserve. If actual revenues of the tax imposed pursuant to Section 12-36-1110 credited to the State Property Tax Credit Fund in a fiscal year are less than that amount as estimated by the Board of Economic Advisors for the fiscal year, the State Budget and Control Board must first apply so much of the reserve as is necessary or available to offset the deficit, with any balance paid from the General Deposit Account. No more than one-sixth of reserve revenues may be used to offset a shortfall in the revenue necessary to reimburse the general fund of the State for the credit allowed pursuant to Section 12-6-3335. Secondly, to the extent monies are available in the reserve after any transfers to the State Property Tax Credit Fund to offset a deficit, these monies must then be transferred by the State Budget and Control Board to the General Deposit Account to reimburse it for any distributions made to supplement amounts distributed from the State Property Tax Credit Fund.
(3) An unexpended balance in the State Property Tax Credit Fund or reserve at the end of a fiscal year must remain in the State Property Tax Credit Fund or reserve.
(4) Earnings on the State Property Tax Credit Fund or Reserve must be credited to the State Property Tax Credit Fund or Reserve.
(5) Nothing in this subsection prohibits appropriations by the General Assembly of additional revenues to the State Property Tax Credit Fund.
(B) Of the revenue estimated to be credited to the State Property Tax Credit Fund in a fiscal year:
(1) the residential exemption amount must be remitted to county treasurers for the credit of the school districts in the county on a quarterly basis in the amount that each district received from this source in Fiscal Year 2005-2006 and used as provided in subsection (C)(1)(a) of this section;
(2) one-third of the revenue of the tax imposed pursuant to Section 12-36-1110 must be remitted to county treasurers for the credit of the school districts in the county on a quarterly basis in the proportion that the population of each school district in a county is to the total population of the State and used as provided in subsection (C)(1)(a) of this section. Population data must be as determined in the decennial United States census and the most recent update to that data as determined by the Office of Research and Statistics of the State Budget and Control Board;
(3) one-half of the revenue of the tax imposed pursuant to Section 12-36-1110 must be remitted to county treasurers for the credit of school districts in the county on a monthly basis in the proportion that the number of private passenger motor vehicles registered in each school district in a county is to the total of such registrations in the State and used as provided in subsection (C)(1)(b) of this section;
(4) one-sixth of the revenue of the tax imposed pursuant to Section 12-36-1110 must be used to reimburse the general fund of the State for the income tax credits allowed pursuant to Section 12-6-3355.
(C)(1)(a) Revenues received by a school district pursuant to subsection (B)(1) and (2) of this section must be used to provide a property tax credit against the property tax liability for property tax imposed for school operations on owner-occupied residential property classified for property tax purposes pursuant to Section 12-43-220(c). The credit is an amount determined by dividing the total estimated revenues credited to a school district in the county pursuant to subsection (B)(1) and (2) of this section during the applicable fiscal year by the number of parcels in the school district in the county eligible for the credit. Credit that exceeds the tax due on a parcel must be reallocated in a uniform amount to remaining parcels with a property tax liability for property tax imposed for school operations.
(b) Revenues received by a school district pursuant to subsection (B)(3) of this section must be used to provide a property tax credit against the property tax liability for property tax imposed for school operations on private passenger motor vehicles registered in the district. The credit is calculated as provided in item (1)(a) of this subsection, mutatis mutandis.
(2) For purposes of this subsection, 'property tax imposed for school operations' includes all ad valorem tax imposed in a county for schools, not including any taxes imposed to service general obligation debt or other financing instruments used by school districts for capital improvements.
(3) The credit provided pursuant to this subsection must be reflected on each affected property tax notice on a separate line as a credit amount designated 'State Property Tax Credit'.
(4) The Department of Revenue may prescribe procedures and promulgate regulations as necessary for the administration of the credit allowed by this subsection."
SECTION 3. Article 25, Chapter 6 of the 1976 Code is amended by adding:
"Section 12-6- 3335. (A) As used in this section:
(1) 'Adjusted gross income' means adjusted gross income for federal income tax purposes reported by a property taxpayer in a taxable year to which must be added such income of other individuals in the household if not included in the federal adjusted gross income of the property taxpayer.
(2) 'Household' means the taxpayer's spouse and any other individual residing with the taxpayer in the residence, not including an individual claimed or eligible to be claimed as a dependant on the taxpayer's federal income tax return.
(3) 'Residence' means residential real property classified for property tax purposes pursuant to Section 12-43-220(c).
(B) There is allowed as a credit against the tax imposed pursuant to Section 12-6-510 on a resident individual taxpayer a sum equal to the amount by which property tax paid during the taxable year by the taxpayer on the taxpayer's residence exceeds the applicable percentage of the taxpayer's adjusted gross income as defined in subsection (A)(1) of this section. After all other applicable credits have been applied, if the credit allowed pursuant to this section exceeds the state individual income tax liability of the claimant, the difference must be refunded to the claimant.
(C) A copy of the treasurer's receipt for the property tax paid must accompany the claim for the credit allowed pursuant to this section, together with other information the department may require for the proper administration of this credit.
(D) If a resident individual taxpayer or member of that taxpayer's household is not required to file a federal and South Carolina individual income tax return, the department shall prescribe abbreviated forms for the calculation of adjusted gross income which may be used by the claimant to claim the credit allowed by this section, and these separate forms are considered state individual income tax returns for all purposes.
(E) Regardless of the amount of property taxes paid or number of residences occupied by a claimant during the applicable taxable year, the credit allowed pursuant to this section only extends to property taxes paid on one residence."
SECTION 4. A. Section 11-11-150(A)(1) of the 1976 Code, as added by Act 419 of 1998, is amended to read:
"(1) Section 12-37-251 for the residential property tax exemption; RESERVED"
B. Section 12-37-251 of the 1976 Code, as last amended by Act 226 of 2004, is further amended to read:
"(A)(1) The Trust Fund for Tax Relief must contain an amount equal to the revenue necessary to fund a property tax exemption of one hundred thousand dollars based on the fair market value of property classified pursuant to Section 12-43-220(c) calculated on the school operating millage imposed for tax year 1995 or the current school operating millage, whichever is lower, excluding taxes levied for bonded indebtedness and payments pursuant to lease purchase agreements for capital construction. The 1995 tax year school operating millage or the current school operating millage, whichever is lower, is the base year millage for purposes of calculating the amount necessary to fund the Trust Fund for Tax Relief in accordance with this section. However, in years in which the values resulting from a countywide reassessment and equalization program are implemented, the base year millage must be adjusted to an equivalent millage rate in the manner that the Department of Revenue shall prescribe. Funds distributed to a taxing district as provided in subsection (B) of this section must be used to provide a uniform property tax exemption for all property in the taxing district which is classified pursuant to Section 12-43-220(c), excluding taxes levied for bonded indebtedness and payments pursuant to lease purchase agreements for capital construction.
(2) Notwithstanding the provisions of this subsection, a school district whose operating millage falls below the 1995 school year operating millage may request to receive tax relief based on the 1995 operating millage, or equivalent millage rate, if one of the following conditions are met:
(a) the current operating millage per pupil plus the current debt service millage is equal to or less than the total millage per pupil for 1995;
(b) the operating millage per pupil for the 1995 tax year reduced by the amount by which the total millage per pupil for all purposes in the current year exceeds the total millage per pupil for the 1995 tax year but not below the actual operating millage per pupil for the current year.
The Department of Revenue is responsible for certifying that the conditions are met based on the latest completed fiscal year data of the requesting district.
Any funds received by an eligible school district in excess of its current millage under this subsection may be used by the district to pay bonded indebtedness. RESERVED
(B)(1) School districts must be reimbursed from revenues credited to the Trust Fund for Tax Relief for a fiscal year, in the manner provided in Section 12-37-270, for the revenue lost as a result of the homestead exemption provided in this section. Ninety percent of the reimbursement must be paid in the last quarter of the calendar year on December first. From funds appropriated to the Office of the Comptroller General in the annual general appropriations act, the Comptroller shall make the calculations and distributions required pursuant to this subsection. If amounts received by a school district pursuant to this subsection are insufficient to reimburse fully for the base year operating millage, the local school board, within its authority, shall decide how to make up the shortfall, if necessary. Amounts received by a district in excess of the amount necessary to reimburse the district for the base year operating millage must first be used to reduce any operating millage imposed since the 1995 base year, must next be used for school debt service purposes, and any funds remaining may then be retained by the district.
(2) School districts must be reimbursed on a per capita basis, but a district may not receive as a reimbursement for a fiscal year an amount less than the actual reimbursement amount it received in fiscal year 1998-99. If amounts credited to the Trust Fund for Tax Relief for a fiscal year pursuant to item (1) of this subsection are insufficient to pay the full amount of the reimbursements provided by this item, then all amounts credited to the trust fund for a fiscal year for this reimbursement in excess of the amount of the reimbursements paid pursuant to this section in fiscal year 1998-99 must be allocated only to those districts receiving less than the full per capita reimbursement, and this allocation must be on a per capita basis among only those counties receiving some part of this allocation.
(3) Operating millage levied in a county for alternative schools, career and technology centers, and county boards of education whether or not levied countywide or on a school district by school district basis in a county also is considered school operating millage to which the property tax exemption provided by this section applies. County treasurers shall consider these operating millages in determining revenue lost when making disbursements to school districts from trust funds for tax relief funds under this section. RESERVED
(C) Notwithstanding any other provision of law, property exempted from property taxation in the manner provided in this section is considered taxable property for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State, and for purposes of computing the "index of taxpaying ability" pursuant to Section 59-20-20(3). RESERVED
(D) [Blank] RESERVED
(E) Rollback millage is calculated by dividing the prior year property tax revenues by the adjusted total assessed value applicable in the year the values derived from a countywide equalization and reassessment program are implemented. This amount of assessed value must be adjusted by deducting assessments added for property or improvements not previously taxed, for new construction, and for renovation of existing structures.
(F) The exemption allowed by this section is conditional on full funding of the Education Finance Act and on an appropriation by the General Assembly each year reimbursing school districts an amount equal to the Economic Research Section of the Budget and Control Board estimate of total school tax revenue loss resulting from the exemption in the next fiscal year. RESERVED"
SECTION 5. This act takes effect upon approval by the Governor and its various provisions apply as follows:
(1) The sales and use tax imposed pursuant to Article 11, Chapter 36, Title 12 of the 1976 Code as added by this act takes effect June 1, 2006.
(2) The property tax credit allowed pursuant to Section 11-11-155(C)(1)(a) of the 1976 Code as added by this act applies for property tax years beginning after 2005.
(3) The property tax credit allowed pursuant to Section 11-11-155(C)(1)(b) as added by this act applies for motor vehicle property tax years beginning after June 30, 2006.
(4) The income tax credit allowed pursuant to Section 12-6-3335 of the 1976 Code as added by this act applies for taxable years beginning after 2005.
(5) The amendment to Section 11-11-150(A)(1) of the 1976 Code in this act applies for fiscal years beginning after June 30, 2006.
(6) The amendment to Section 12-37-251 of the 1976 Code in this act applies for fiscal years beginning after June 30, 2006, and property tax years beginning after 2005. / //
Renumber sections to conform.
Amend title to conform.
On motion of Senator McCONNELL, with unanimous consent, debate was interrupted by adjournment, with Senator HAYES retaining the floor.
Having received a favorable report from the Williamsburg County Delegation, the following appointments were confirmed in open session:
Reappointment, Williamsburg County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008
At-Large:
Samuel L. Floyd, Jenkinson, Jarrett & Kellahan, P.A., P. O. Drawer 669, Kingstree, S.C. 29556
Reappointment, Williamsburg County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008
Gordon B. Jenkinson, III, 300 North Academy Street, Kingstree, S.C. 29556
Having received a favorable report from the Dillon County Delegation, the following appointment was confirmed in open session:
Reappointment, Dillon County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008
At-Large:
Patricia D. Miller, 354 Pleasant Hill Road, Dillon, S.C. 29536
Having received a favorable report from the Bamburg County Delegation, the following appointment was confirmed in open session:
Reappointment, Bamberg County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010
Hon. Richard Craig Threatt, Bamberg County Sheriff's Office, P.O. Box 210, Bamberg, S.C. 29003
On motion of Senator DRUMMOND, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Daniel Morgan Hicks of Ninety Six, S.C.
At 2:26 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
This web page was last updated on Wednesday, June 24, 2009 at 1:08 P.M.