Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Ecclesiastes 2:13: "Then I saw that wisdom excels folly as light excels darkness."
Let us pray. Almighty God, thank You for the opportunity to share with others what is given to us. Grant each Representative and staff member the wisdom to acknowledge You as our provider in all things and especially to those who are called to serve in this place. Keep each in Your care. Bless our Nation, President, State, Governor, Speaker, this Honorable Assembly, and all who serve in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. Hear us as we pray. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. SCOTT moved that when the House adjourns, it adjourn in memory of Billy Wayne Bales of Hopkins, brother of Representative Bales, which was agreed to.
Document No. 3139
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 44-1-140
Ice
Received by Speaker of the House of Representatives
January 9, 2008
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 8, 2008
Revised: May 9, 2008
The following was received from the Senate:
Columbia, S.C., April 17, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 799:
S. 799 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 40-47-755 OF THE 1976 CODE, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS, TO DELETE THE REQUIREMENT THAT AURICULAR DETOXIFICATION THERAPY TAKE PLACE UNDER THE DIRECT SUPERVISION OF A LICENSED ACUPUNCTURIST.
Very respectfully,
President
On motion of Rep. PARKS, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. PARKS, HERBKERSMAN and SPIRES to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 4900 (Word version) -- Reps. Cato, Gambrell, Bowen, Mitchell, Hiott, J. R. Smith, Kelly, Brady, Walker, Bedingfield, Agnew, Barfield, Battle, Bowers, Clemmons, Gullick, Limehouse, Loftis, Lowe, Mahaffey, Moss, Owens, Pinson, Sandifer, D. C. Smith, Spires, Talley, Toole, White and Hardwick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 51 TO TITLE 23 SO AS TO ENACT THE "REDUCED CIGARETTE IGNITION PROPENSITY STANDARDS AND FIREFIGHTER PROTECTION ACT", TO PROVIDE DEFINITIONS FOR TERMS CONTAINED IN THIS ACT, TO PROVIDE THAT CIGARETTES MAY NOT BE SOLD OR OFFERED FOR SALE IN THIS STATE
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 4783 (Word version) -- Reps. Hagood, Cato, Harvin, Hutson, Brantley, Anthony, Battle, Herbkersman, Hodges, Hosey, Leach, Littlejohn, Mahaffey, Moss and Williams: A BILL TO AMEND SECTION 40-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS IN THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO DEFINE "INTERN ARCHITECT"; TO AMEND SECTION 40-3-115, RELATING TO THE AUTHORITY OF THE BOARD OF ARCHITECTURAL EXAMINERS OVER LICENSEES AND FORMER LICENSEES, SO AS TO PROVIDE THAT SUCH AUTHORITY EXTENDS OVER UNLICENSED INDIVIDUALS AND TO FURTHER CLARIFY THIS AUTHORITY; TO AMEND SECTION 40-3-120, RELATING TO FINES THAT MAY BE IMPOSED BY THE BOARD, SO AS TO INCREASE FROM TEN THOUSAND DOLLARS TO TWENTY THOUSAND DOLLARS THE MAXIMUM AMOUNT OF TOTAL FINES THAT THE BOARD MAY IMPOSE; TO AMEND SECTION 40-3-240, AS AMENDED, RELATING TO LICENSURE REQUIREMENTS, SO AS TO PROVIDE THAT APPLICATION FEES ARE NONREFUNDABLE AND THAT APPLICANTS MUST BE ENROLLED AND PARTICIPATING IN AN INTERN DEVELOPMENT PROGRAM; TO AMEND SECTION 40-3-250, AS AMENDED, RELATING TO LICENSE RENEWAL AND CONTINUING EDUCATION REQUIREMENTS, SO AS TO FURTHER CLARIFY REQUIRED CONTINUING EDUCATION TOPICS AND TO REQUIRE REGISTRANTS TO COMPLY WITH AUDIT DEADLINES AND REQUIREMENTS; TO AMEND SECTION 40-3-280, RELATING TO ARCHITECTS AND ARCHITECTURAL FIRMS HAVING A SEAL, SO AS TO AUTHORIZE THE USE OF AN ELECTRONIC SEAL AND
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 4892 (Word version) -- Reps. Haley, Loftis, Cato, Walker, Merrill, Huggins, Hutson, Harrell, E. H. Pitts, Hodges, Spires, Bowen, Ballentine, Funderburk, Knight, Cobb-Hunter, Jefferson, Ott, Owens, Sandifer, J. R. Smith, Chalk, Hardwick and Brady: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3640 SO AS TO CREATE THE "ENERGY INDEPENDENCE AND SUSTAINABLE HOMES ACT"; TO AMEND SECTION 12-6-3587, AS AMENDED, RELATING TO THE PURCHASE AND INSTALLATION OF CERTAIN SOLAR ENERGY HEATING OR COOLING SYSTEMS, SO AS TO PROVIDE A LOCAL GOVERNMENT OR HOMEOWNERS ASSOCIATION MAY NOT PROHIBIT THE INSTALLATION OF A SOLAR ENERGY HEATING OR COOLING SYSTEM IN A RESIDENTIAL HOME.
Ordered for consideration tomorrow.
The following was introduced:
H. 5074 (Word version) -- Reps. Harrison, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland,
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Allen Anderson Anthony Bales Ballentine Bannister Battle Bedingfield Bowen Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Crawford Daning Dantzler Davenport Delleney Erickson Frye Funderburk Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey
Howard Huggins Hutson Jefferson Kelly Kennedy Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Miller Moss Mulvaney J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts Rice Sandifer Scarborough Scott Shoopman Simrill Skelton D. C. Smith F. N. Smith G. R. Smith J. R. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Walker Weeks White Williams Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, April 23.
Terry Alexander Kenny Bingham Tracy Edge Douglas Jennings James Merrill Joseph Neal Todd Rutherford G. Murrell Smith Doug Smith William R. "Bill" Whitmire Jackson "Seth" Whipper Bakari Sellers William Bowers Harold Mitchell Jerry Govan Ted Vick
The SPEAKER granted Rep. BARFIELD a leave of absence for today and tomorrow due to medical reasons.
The SPEAKER granted Rep. BOWERS a temporary leave of absence due to medical reasons.
The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the day.
Announcement was made that Dr. Thomas Gibbons of Columbia was the Doctor of the Day for the General Assembly.
Reps. M. A. PITTS, PINSON and PARKS presented to the House the Cambridge Academy "Cougars", the 2008 South Carolina Independent Schools Association Inaugural State Bowling Champions, their coach and other school officials.
Reps. COTTY, WHITE, MILLER and PERRY presented to the House school officials from Waccamaw High School, Riverside Middle School, Aiken Elementary School and Lake Carolina Elementary School, the 2008 Carolina First Palmetto's Finest Winners.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4815 (Word version)
Date: ADD:
04/23/08 R. BROWN
Bill Number: H. 3975 (Word version)
Date: ADD:
04/23/08 BOWERS
Bill Number: H. 4815 (Word version)
Date: ADD:
04/23/08 WHIPPER
Bill Number: H. 4815 (Word version)
Date: ADD:
04/23/08 HERBKERSMAN
Bill Number: H. 4568 (Word version)
Date: ADD:
04/23/08 HERBKERSMAN
Bill Number: H. 4892 (Word version)
Date: ADD:
04/23/08 BRADY
Bill Number: H. 4815 (Word version)
Date: ADD:
04/23/08 EDGE
Bill Number: H. 4980 (Word version)
Date: ADD:
04/23/08 EDGE
Bill Number: H. 4953 (Word version)
Date: ADD:
04/23/08 BINGHAM
Bill Number: H. 4924 (Word version)
Date: REMOVE:
04/23/08 COBB-HUNTER
Bill Number: H. 4815 (Word version)
Date: ADD:
04/23/08 BINGHAM
Bill Number: H. 4593 (Word version)
Date: ADD:
04/23/08 HERBKERSMAN
Bill Number: H. 4815 (Word version)
Date: ADD:
04/23/08 SIMRILL
Bill Number: H. 4460 (Word version)
Date: REMOVE:
04/23/08 HASKINS
Bill Number: H. 4263 (Word version)
Date: REMOVE:
04/23/08 THOMPSON
Bill Number: H. 4460 (Word version)
Date: REMOVE:
04/23/08 NEILSON
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
H. 4565 (Word version) -- Reps. Harrell, Scarborough, Merrill, Hagood and Limehouse: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO NAME THE CHARLESTON COUNTY EMPLOYMENT SECURITY OFFICE BUILDING ON LOCKWOOD BOULEVARD THE "J. GRAHAM ALTMAN BUILDING" AND TO PROVIDE APPROPRIATE SIGNAGE FOR THE BUILDING.
H. 4340 (Word version) -- Reps. Cooper, Clyburn, Battle, Kirsh and Hosey: A BILL TO AMEND SECTION 8-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP, POWERS, AND DUTIES OF THE DEFERRED COMPENSATION COMMISSION, SO AS TO ADD THE CHIEF INVESTMENT OFFICER OF THE RETIREMENT SYSTEM INVESTMENT COMMISSION AS AN EX OFFICIO MEMBER OF THE DEFERRED COMPENSATION COMMISSION.
H. 3514 (Word version) -- Reps. Harrell, Toole, Pinson, Dantzler, Hayes, Leach, J. R. Smith, Witherspoon, Neilson and Bales: A BILL TO AMEND SECTION 11-35-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE THE DEFINITION FOR "OFFICE"; AND TO AMEND SECTION 11-35-1524, RELATING TO VENDOR PREFERENCES, SO AS TO PROVIDE FOR PREFERENCES FOR END PRODUCTS FROM SOUTH CAROLINA AND FROM THE UNITED STATES AND FOR CONTRACTORS AND SUBCONTRACTORS WHO EMPLOY INDIVIDUALS DOMICILED IN SOUTH CAROLINA, TO DEFINE CERTAIN TERMS, PROVIDE FOR ELIGIBILITY REQUIREMENTS FOR THE PREFERENCES, PROVIDE FOR APPLICATION FOR THE PREFERENCES AND PENALTIES FOR FALSE APPLICATION, AND TO MAKE EXCEPTIONS TO THE PREFERENCES.
H. 4773 (Word version) -- Reps. W. D. Smith, Walker, Talley, Mahaffey, Moss, Anthony, Kelly, Littlejohn, Mitchell and Phillips: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO EIGHT MILLION DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE
Rep. COOPER moved to adjourn debate upon the following Bill until Tuesday, April 29, which was adopted:
H. 4950 (Word version) -- Rep. Cooper: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, SO AS TO MAKE MISCELLANEOUS CHANGES.
The following Bill was taken up:
H. 4263 (Word version) -- Reps. Rutherford and Vick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2700 SO AS TO DEFINE, SPECIFICALLY AND WITH EXAMPLES AND EXCLUSIONS, "AN AMUSEMENT REDEMPTION MACHINE", AND TO PROVIDE FOR CRIMINAL PENALTIES FOR REWARDING PLAYERS WITH ITEMS OTHER THAN FREE REPLAYS OR NONCASH MERCHANDISE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\19197MM08):
Amend the bill, as and if amended, Section 12-21-2700(C), as found in SECTION 1, beginning on page 2, line 35, and ending on page 3, line 19, by deleting subsection (C) in its entirety.
Rep. HARRISON explained the amendment.
Rep. SIMRILL moved to continue the Bill.
Rep. SIMRILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Anthony Bales Ballentine Bannister Battle Bedingfield Bingham Bowen Brady Branham G. Brown Cato Chalk Clemmons Cobb-Hunter Coleman Cotty Crawford Daning Dantzler Davenport Delleney Edge Erickson Frye Funderburk Gambrell Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman Hiott Huggins Hutson Jefferson Kelly Kennedy Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts Rice Sandifer Scarborough Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stewart Talley Taylor Thompson Toole Umphlett
Walker Weeks White Williams Witherspoon Young
Those who voted in the negative are:
Brantley R. Brown Hodges Hosey Howard Mack J. H. Neal Rutherford Whipper
So, the Bill was continued.
I was temporarily out of the Chamber during the vote to continue debate on H. 4263. If I had been present, it was my intention to vote in favor of the motion and effectively defeat the Bill.
Rep. Carl Gullick
Rep. HAGOOD moved to adjourn debate upon the following Bill until Wednesday, April 30, which was adopted:
H. 4921 (Word version) -- Reps. Moss, M. A. Pitts, Lowe, Phillips and Pinson: A BILL TO AMEND SECTION 47-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO CRUELTY TO ANIMALS, SO AS TO REVISE THE DEFINITION OF "ANIMAL".
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 4833 (Word version) -- Reps. Cooper, Funderburk, Loftis, Hodges and Hutson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-10-400 SO AS TO ENACT THE "SOUTH CAROLINA FARM TO SCHOOL PROGRAM ACT" TO PROVIDE FOR THE CREATION OF THE SOUTH CAROLINA FARM TO SCHOOL PROGRAM, TO PROVIDE FOR THE DUTIES
Rep. FRYE explained the Bill.
The following Bill was taken up:
H. 4337 (Word version) -- Reps. R. Brown, Clyburn, Knight, Bedingfield, Toole and Hodges: A BILL TO AMEND SECTION 48-14-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STORMWATER RUNOFF FEES, SO AS TO SPECIFICALLY EXEMPT FARM LAND, FOREST LAND, AND UNDEVELOPED LAND FROM SUCH FEES.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20660SD08):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 6-1-330 of the 1976 Code is amended by adding a new subsection (D) to read:
"(D) Agricultural lands, forest lands, and undeveloped lands are exempt from any fee imposed by a local governing body for a stormwater, sediment, or erosion control program."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. FRYE explained the amendment.
Reps. G. R. SMITH, HUTSON, ANTHONY, D. C. SMITH, PERRY, DAVENPORT, HARDWICK and J. R. SMITH requested debate on the Bill.
Rep. COOPER moved to adjourn debate upon the following Bill until Thursday, April 24, which was adopted:
H. 4815 (Word version) -- Reps. Harrell, Merrill, Thompson, Brady, Stavrinakis, Haley, Ballentine, Cato, Cooper, Delleney, Harrison, Limehouse,
The following Bill was taken up:
H. 4953 (Word version) -- Reps. Cooper, Harrell and Bingham: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 151 SO AS TO ESTABLISH THE SOUTH CAROLINA LIGHTRAIL CONSORTIUM, TO PROVIDE FOR THE GOVERNANCE OF THE CONSORTIUM, AND FOR ITS FUNDING, DUTIES, AND POWERS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20655SD08), which was adopted:
Amend the bill, as and if amended, by striking subsection (B) of Section 59-151-115 of the 1976 Code, as contained in SECTION 1 and inserting:
(1) access to the network is limited to specified employees of these private organizations or entities who have direct involvement in one or more formal documented partnerships that meet the requirements of Section 59-151-110(C);
(2) these employees cease to have access to the network once they are no longer directly involved in such a formal documented partnership;
(3) the access to the network does not compete with the commercial communications or information offerings of private sector participants; and
(4) any South Carolina commercial entity has a separate commodity internet connection for its routine operations. /
Amend the bill further, as and if amended, by striking Section 59-151-140(B)(4) of the 1976 Code, as contained in SECTION 1, and inserting:
/ (4) review the operations of the South Carolina LightRail annually to ensure relevance, to affirm the commitments of the participating institutions, and to confirm continued compliance with the provisions of Section 59-151-115. /
Amend the bill further, as and if amended, by striking subsection (B) of Section 59-151-150 of the 1976 Code, as contained in SECTION 1 and inserting:
/ (B) The LightRail Consortium shall manage its own funding provided to it by the member institutions, based on a budget prepared and administered by the chairman of the board, and recommended by the board. The consortium funding appropriated to a particular member institution must be administered individually by that institution, except in those instances when consortium actions, services, or activities require joint budget action. Sufficient annual funding to meet the strategic and operational needs of South Carolina LightRail Consortium is the joint and co-equal responsibility of the member institutions, and the responsibility of each member institution to provide such funding must be determined annually by the board upon agreement of the institutions concerned. /
Amend the bill further, as and if amended, by striking subsection (A) of Section 59-151-170 of the 1976 Code, as contained in SECTION 1, and inserting:
/ (A) By unanimous vote, the three charter member institutions of the consortium shall create other categories of membership and include other institutions or organizations as consortium members, consistent with the mission and goals of the consortium. /
Amend the bill further, as and if amended, by striking Section 59-151-180 of the 1976 Code, as contained in SECTION 1, and inserting:
/ Section 59-151-180. The South Carolina LightRail Consortium is considered a public body and as such is subject to all provisions of state law, including the Freedom of Information Act and state procurement requirements but is exempt from the planning, oversight, and project management regulations of the State Chief Information Officer. Procurement certification limits granted by the State Budget and Control Board are equivalent to the highest limit approved for any of the three charter member institutions. The board of the LightRail Consortium each year by February first shall submit to the chairman of the House Ways and Means Committee and the chairman of the Senate Finance Committee a report specifically identifying each entity with access to the network, the number of persons within each such entity with access to the network and a brief description of the formal documented partnership in which the persons are involved, and any payment, including without limitations, in-kind payment, that each such organization and entity is making for access to the network./
Amend the bill further, as and if amended, by striking Section 59-151-190 of the 1976 Code, as contained in SECTION 1, and inserting:
/ Section 59-151-190. Upon unanimous vote of the board, the provisions of this chapter may be administratively supplemented by written agreement of all member institutions to reflect global capabilities and opportunities, state-wide and institutional goals and resources, and annual assessment results. No such supplementation may be inconsistent with any of the provisions of this chapter. /
Renumber sections to conform.
Amend title to conform.
Rep. BINGHAM explained the amendment.
The amendment was then adopted.
Rep. BINGHAM explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4887 (Word version) -- Reps. Kirsh and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-54-52 AND 12-54-53 SO AS TO PROVIDE THAT, FOR PURPOSES OF TAXES ADMINISTERED BY THE DEPARTMENT OF REVENUE, INTERNAL REVENUE CODE SECTIONS 6694 AND 6695, RESPECTIVELY, ARE ADOPTED; AND TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO IRC SECTIONS ADOPTED BY THIS STATE, SO AS TO CONFORM TO THOSE ADDITIONS; TO AMEND SECTION 4-9-195, AS AMENDED, RELATING TO SPECIAL PROPERTY TAX ASSESSMENTS GRANTED TO CERTAIN PROPERTY, SO AS TO FURTHER PROVIDE FOR CERTIFICATION OF LOW AND MODERATE INCOME RENTAL PROPERTY THAT DOES OR DOES NOT QUALIFY FOR A HISTORICAL DESIGNATION; TO AMEND SECTION 11-35-5230, AS AMENDED, RELATING TO REGULATIONS FOR NEGOTIATIONS WITH STATE MINORITY FIRMS, SO AS TO CHANGE STATUTORY REFERENCES FROM "MINORITY FIRMS" TO "SOCIALLY AND ECONOMICALLY DISADVANTAGED SMALL BUSINESSES", AND TO CHANGE THE DELINEATION OF THE TEN-YEAR PERIOD FOR WHICH THE SUBJECT TAX CREDIT MAY BE CLAIMED; TO AMEND SECTION 11-45-55, AS AMENDED, RELATING TO TAX CREDIT CERTIFICATES IN CONNECTION WITH THE VENTURE CAPITAL INVESTMENT ACT, SO AS TO PROVIDE FOR THE EXCHANGE OF INFORMATION AMONG CERTAIN DEPARTMENTS AND THEIR EMPLOYEES AND AGENTS; TO AMEND SECTION 12-2-20, AS AMENDED, RELATING TO THE DEFINITIONS OF "PERSON" AND "INDIVIDUAL" FOR PURPOSES OF TAXES ADMINISTERED BY THE DEPARTMENT OF REVENUE, SO AS TO CLARIFY THE MEANING OF "PERSON"; TO AMEND SECTION 12-6-590, AS AMENDED, RELATING TO TREATMENT OF "S" CORPORATIONS FOR TAX PURPOSES, SO AS TO INCLUDE ADDITIONAL REFERENCES TO THE INTERNAL REVENUE CODE FOR SIMILAR STATE TREATMENT; TO AMEND SECTION 12-6-2250, AS AMENDED, RELATING TO THE APPORTIONMENT OF INCOME DERIVED BY A TAXPAYER TO THE TAXPAYER'S CONDUCT OF BUSINESS IN THIS STATE, SO AS TO CHANGE THE WORD
"Section 12-6-3680. (A) For purposes of this section:
(1) 'Recycling facility' means a facility located in South Carolina that:
(a) engages in recycling as defined in Section 44-96-40(37); and
(b) manufactures product for sale composed of over fifty percent post-consumer recycled content and pre-consumer recycled content by weight or by volume.
(B) A taxpayer owning and operating a recycling facility as defined in subsection (A) is allowed a refundable income tax credit equal to the yearly amount expended by the recycling facility for electric service used in the manufacturing process multiplied by the percentage of recycled content calculated in subsection (A)(1)(b) of this section, and multiplied by the following:
(1) one percent in the first year the credit is claimed;
(2) two percent in the second year the credit is claimed;
(3) three percent in the third year the credit is claimed;
(4) four percent in the fourth year the credit is claimed; and
(5) four percent in subsequent years, not to exceed the amount of credit received pursuant to item (4).
(C) The credit is first allowed against returns due to be filed in Fiscal Year 2009-2010. A credit is not allowed and may not be claimed for a taxable year except as provided in subsection (E).
(D) A taxpayer may claim the credit allowed in this section only on the taxpayer's annual return. The taxpayer shall provide all information that the department determines is necessary for the calculation and administration of the credit.
(E) Beginning with the February 15, 2009, forecast by the Board of Economic Advisors of annual general fund revenue growth for the upcoming fiscal year, and annually after that, if the forecast of that growth equals at least five percent of the most recent estimate by the board of general fund revenues for the current fiscal year, then the
(F) The recycling facility must maintain or increase the number of employees in South Carolina in order to qualify for the credit. The benchmark for the number of employees of a recycling facility is the number of employees submitted to the department in the initial claim seeking the credit. The recycling facility must submit a notarized certification of the number of employees to the Department of Revenue each year."/
Amend the bill further, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 12-21-3970 of the 1976 Code is amended to read:
"Section 12-21-3970. For each licensed nonprofit organization the promoter manages, operates, or conducts bingo, the promoter must shall purchase a promoter's license as provided in Section 12-21-3950 before managing, operating, or conducting bingo. No promoter is permitted more than five licenses. This license must be prominently displayed at the location where bingo is conducted." /
Amend the bill further, Section 12-54-85(C)(4), (5), and (6) as found in SECTION 28, page 28, lines 8-26, by deleting items (4), (5), and (6) in their entirety and inserting:
/ (4) the person liable for any taxes consents in writing, before the expiration of the time prescribed in this section for assessing taxes due, to the assessment of the taxes after the time prescribed by this section; or
(5) the tax is a use tax imposed under Chapter 36 of this title, or a local use tax administered and collected by the department on behalf of a local jurisdiction, and the assessment of the use tax is the result of information received from, or as a result of exchange agreements with, other state or local taxing authorities, regional or national tax administration organizations, or the federal government. The use taxes in this case may be assessed at any time within twelve months after the department receives the information, but no later than seventy-two months after the last day the use tax may be paid without penalty. /
Amend the bill further, Section 12-6-1120(4) as found in SECTION 48, page 94, line 17, by deleting / Tier III / and inserting / Tier II /.
Rep. KIRSH explained the amendment.
Rep. KIRSH moved to table the amendment, which was agreed to.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of amendments.
Rep. KIRSH moved that the House recur to the Morning Hour, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of amendments:
H. 4887 (Word version) -- Reps. Kirsh and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-54-52 AND 12-54-53 SO AS TO PROVIDE THAT, FOR PURPOSES OF TAXES ADMINISTERED BY THE DEPARTMENT OF REVENUE, INTERNAL REVENUE CODE SECTIONS 6694 AND 6695, RESPECTIVELY, ARE ADOPTED; AND TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO IRC SECTIONS ADOPTED BY THIS STATE, SO AS TO CONFORM TO THOSE ADDITIONS; TO AMEND SECTION 4-9-195, AS AMENDED, RELATING TO SPECIAL PROPERTY TAX ASSESSMENTS GRANTED TO CERTAIN PROPERTY, SO AS TO FURTHER PROVIDE FOR CERTIFICATION OF LOW AND MODERATE INCOME RENTAL PROPERTY THAT DOES OR DOES NOT QUALIFY FOR A HISTORICAL DESIGNATION; TO AMEND SECTION 11-35-5230, AS AMENDED, RELATING TO REGULATIONS FOR NEGOTIATIONS WITH STATE MINORITY FIRMS, SO AS TO CHANGE STATUTORY REFERENCES FROM "MINORITY FIRMS" TO "SOCIALLY AND ECONOMICALLY DISADVANTAGED SMALL BUSINESSES", AND TO CHANGE THE DELINEATION OF THE TEN-YEAR PERIOD FOR WHICH THE SUBJECT TAX CREDIT MAY BE CLAIMED; TO AMEND SECTION 11-45-55, AS AMENDED, RELATING TO TAX CREDIT CERTIFICATES IN CONNECTION WITH THE VENTURE CAPITAL INVESTMENT ACT, SO AS TO PROVIDE FOR THE EXCHANGE OF INFORMATION AMONG CERTAIN DEPARTMENTS AND THEIR EMPLOYEES AND AGENTS; TO AMEND SECTION 12-2-20, AS AMENDED, RELATING TO THE DEFINITIONS OF "PERSON" AND "INDIVIDUAL" FOR PURPOSES OF TAXES ADMINISTERED BY THE DEPARTMENT OF REVENUE, SO AS TO CLARIFY THE MEANING OF "PERSON"; TO AMEND SECTION 12-6-590, AS AMENDED, RELATING TO TREATMENT OF "S" CORPORATIONS FOR TAX PURPOSES, SO AS TO INCLUDE ADDITIONAL REFERENCES TO THE INTERNAL REVENUE CODE FOR SIMILAR STATE TREATMENT; TO AMEND SECTION 12-6-2250, AS AMENDED, RELATING TO THE APPORTIONMENT OF INCOME DERIVED BY A TAXPAYER TO THE TAXPAYER'S CONDUCT OF
The Ways and Means Committee proposed the following Amendment No. 2 (Doc Name COUNCIL\AGM\19222MM08), which was adopted:
Amend the bill, as and if amended, (B)(2) as found in SECTION 40, page 54, line 16, by deleting / six / and inserting / three /.
Amend the bill further, by adding an appropriately numbered SECTION to read:
/ SECTION ____. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3680. (A) For purposes of this section:
(1) 'Recycling facility' means a facility located in South Carolina that:
(a) engages in recycling as defined in Section 44-96-40(37); and
(b) manufactures product for sale composed of over fifty percent post-consumer recycled content and pre-consumer recycled content by weight or by volume.
(B) A taxpayer owning and operating a recycling facility as defined in subsection (A) is allowed a refundable income tax credit equal to the yearly amount expended by the recycling facility for electric service used in the manufacturing process multiplied by the percentage of recycled content calculated in subsection (A)(1)(b) of this section, and multiplied by the following:
(1) one percent in the first year the credit is claimed;
(2) two percent in the second year the credit is claimed;
(3) three percent in the third year the credit is claimed;
(4) four percent in the fourth year the credit is claimed; and
(5) four percent in subsequent years, not to exceed the amount of credit received pursuant to item (4).
(C) The credit is first allowed against returns due to be filed in Fiscal Year 2009-2010. A credit is not allowed and may not be claimed for a taxable year except as provided in subsection (E).
(D) A taxpayer may claim the credit allowed in this section only on the taxpayer's annual return. The taxpayer shall provide all information that the department determines is necessary for the calculation and administration of the credit.
(E) Beginning with the February 15, 2009, forecast by the Board of Economic Advisors of annual general fund revenue growth for the
(F) The recycling facility must maintain or increase the number of employees in South Carolina in order to qualify for the credit. The benchmark for the number of employees of a recycling facility is the number of employees submitted to the department in the initial claim seeking the credit. The recycling facility must submit a notarized certification of the number of employees to the Department of Revenue each year."/
Amend the bill further, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 12-21-3970 of the 1976 Code is amended to read:
"Section 12-21-3970. For each licensed nonprofit organization the promoter manages, operates, or conducts bingo, the promoter must shall purchase a promoter's license as provided in Section 12-21-3950 before managing, operating, or conducting bingo. No promoter is permitted more than five licenses. This license must be prominently displayed at the location where bingo is conducted." /
Amend the bill further, Section 12-54-85(C)(4), (5), and (6) as found in SECTION 28, page 28, lines 8-26, by deleting items (4), (5), and (6) in their entirety and inserting:
/ (4) the person liable for any taxes consents in writing, before the expiration of the time prescribed in this section for assessing taxes due, to the assessment of the taxes after the time prescribed by this section; or
(5) the tax is a use tax imposed under Chapter 36 of this title, or a local use tax administered and collected by the department on behalf of a local jurisdiction, and the assessment of the use tax is the result of information received from, or as a result of exchange agreements with, other state or local taxing authorities, regional or national tax administration organizations, or the federal government. The use taxes in this case may be assessed at any time within twelve months after the department receives the information, but no later than
A. Section 1-30-25 of the 1976 Code is amended to read:
"Section 1-30-25. Effective on July 1, 1993, the The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall must be administered as part of the Department of Commerce to be initially divided into divisions for Aeronautics, Advisory Coordinating Council for Economic Development, State Development, Public Railways, and Savannah Valley Development:
(A) South Carolina Aeronautics Commission, formerly provided for at Section 55-5-10, et seq.;
(B) Coordinating Council for Economic Development, formerly provided for at Section 41-45-30, et seq.;
(C) Savannah Valley Authority, formerly provided for at Section 13-9-10, et seq.;
(D) Department of Commerce, including the South Carolina Film Commission, except that the department must make reasonable rules and promulgate reasonable regulations to ensure that funds made available to film projects through its film commission are budgeted and spent so as to further the following objectives:
(1) stimulation of economic activity to develop the potentialities of the State;
(2) conservation, restoration, and development of the natural and physical, the human and social, and the economic and productive resources of the State;
(3) promotion of a system of transportation for the State, through development and expansion of the highway, railroad, port, waterway, and airport systems;
(4) promotion and correlation of state and local activity in planning public works projects;
(5) promotion of public interest in the development of the State through cooperation with public agencies, private enterprises, and charitable and social institutions;
(6) encouragement of industrial development, private business, commercial enterprise, agricultural production, transportation, and the utilization and investment of capital within the State;
(7) assistance in the development of existing state and interstate trade, commerce, and markets for South Carolina goods and in the removal of barriers to the industrial, commercial, and agricultural development of the State;
(8) assistance in ensuring stability in employment, increasing the opportunities for employment of the citizens of the State, devising ways and means to raise the living standards of the people of the State;
(9) enhancement of the general welfare of the people; and
(10) encouragement and consideration as appropriate so as to consider race, gender, and other demographic factors to ensure nondiscrimination, inclusion, and representation of all segments of the State to the greatest extent possible. Existing divisions or components of the Department of Commerce formerly a part of the State Development Board excluding the South Carolina Film Commission; and
(E) South Carolina Public Railways Commission, formerly provided for at Section 58-19-10, et seq."
B. Section 1-30-80 of the 1976 Code is amended to read:
"Section 1-30-80. (A) Effective on July 1, 1993, the The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall must be administered as part of the Department of Parks, Recreation and Tourism to include a Parks, Recreation and Tourism Division and Film Division.
Department of Parks, Recreation and Tourism, formerly provided for at Sections 51-1-10, 51-3-10, 51-7-10, 51-9-10 and 51-11-10, et seq.
(B) Effective July 1, 2008, the South Carolina Film Commission of the Department of Commerce is transferred to the Department of Parks, Recreation and Tourism and becomes a separate division of the Department of Parks, Recreation and Tourism.
(2) The South Carolina Film Commission as established in this section as a division of the Department of Parks, Recreation and Tourism and transferred to it shall ensure that funds made available to film projects through the film commission are budgeted and spent so as to further the following objectives:
(a) stimulation of economic activity to develop the potentialities of the State;
(b) conservation, restoration, and development of the natural and physical, the human and social, and the economic and productive resources of the State;
(c) promotion of a system of transportation for the State, through development and expansion of the highway, railroad, port, waterway, and airport systems;
(d) promotion and correlation of state and local activity in planning public works projects;
(e) promotion of public interest in the development of the State through cooperation with public agencies, private enterprises, and charitable and social institutions;
(f) encouragement of industrial development, private business, commercial enterprise, agricultural production, transportation, and the utilization and investment of capital within the State;
(g) assistance in the development of existing state and interstate trade, commerce, and markets for South Carolina goods and in the removal of barriers to the industrial, commercial, and agricultural development of the State;
(h) assistance in ensuring stability in employment, increasing the opportunities for employment of the citizens of the State, devising ways and means to raise the living standards of the people of the State;
(i) enhancement of the general welfare of the people; and
(j) encouragement and consideration as appropriate so as to consider race, gender, and other demographic factors to ensure nondiscrimination, inclusion, and representation of all segments of the State to the greatest extent possible."
C. (A) Where the provisions of this part transfer the South Carolina Film Commission from the Department of Commerce to the Department of Parks, Recreation and Tourism, the employees, authorized appropriations, and assets and liabilities of the South Carolina Film Commission are also transferred to and become part of the Department of Parks, Recreation and Tourism. All classified or
(B) Regulations promulgated by the South Carolina Film Commission are continued and are considered to be promulgated by the Film Commission as a division of the Department of Parks, Recreation and Tourism.
(C) The Code Commissioner is directed to change or correct all references to the South Carolina Film Commission to reflect its transfer to the Department of Parks, Recreation and Tourism. References to the name of the South Carolina Film Commission in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate references."
D. Title 12 of the 1976 Code is amended by adding:
Section 12-64-10. This chapter may be cited as the 'South Carolina Motion Picture Incentive Act of 2008'.
Section 12-64-20. (1) 'Base investment' means the aggregate funds actually invested and expended by a production company as qualified production expenditures incurred in this State that are directly used in state-certified production or productions.
(2) 'Company' means a corporation, partnership, limited liability company, or other business entity.
(3) 'Department' means the South Carolina Department of Parks, Recreation and Tourism, including the South Carolina Film Commission.
(4) 'Direct use expenditure' means an expenditure in a qualified production activity. A production company may only claim production expenditures that are directly used in a qualified production activity. In determining whether an expenditure is directly used in a qualified production activity, the South Carolina Film Commission will consider the proximity of the expenditure to the activity as well as the causal relationship between the expenditure and the activity.
(5) 'Director' means the director of the Department of Parks, Recreation and Tourism.
(6) 'Live sporting event' means a scheduled sporting competition, game, or race that is not originated by a production company, but originated solely by an amateur, collegiate, or professional organization, institution, or association for live or tape-delayed television or satellite broadcast. The term does not include commercial advertising, an episodic television series, a television pilot, music video, motion picture, or documentary production where any sporting events are presented through archived historical footage or similar footage depicting either live sporting events that originated more than thirty days before the time of usage.
(7) 'Multimarket commercial distribution' means commercial distribution which extends to markets outside the State of South Carolina.
(8) 'Payroll' means salary or wages, subject to South Carolina income tax withholdings. In the case of a person or persons represented by a loan out company or a personal service company and paid by a payroll service company, all payments qualify under Section 12-8-550.
(9) 'Production company' means a company which has been approved by the department and primarily engages in qualified production activities. 'Production company' does not mean or include any form of business owned, affiliated, or controlled, in whole or in part, by any company or person which is in default on any tax obligation of the State, or a loan made or guaranteed by the State until such time as the tax obligation or loan is satisfied.
(10) 'Qualified production activities' means the production of new film, video, or digital projects produced in this State and approved by the department such as feature films, pilots, movies for television, commercial advertisement, and music videos. The term 'qualified production activities' does not include the production of television coverage of news and live sporting events or a production produced by a production company if records, as required by 18 USC 2257, are to be maintained by that motion picture production company with respect to any performer portrayed in that single media or multimedia program.
For purposes of this definition, in the case of an episodic television series, an entire season of episodes is considered one production. The rebate is computed based on all of the production company's qualifying expenses incurred with respect to the production of the entire season's episodes.
(11) 'Qualified production expenditures' means preproduction, production and postproduction expenditures incurred in this State that are directly used in a qualified production activity, including without limitation the following from a South Carolina supplier: set construction and operation; wardrobes, make-up, accessories, and related services; costs associated with photography and sound synchronization, lighting and related services and materials; editing and related services; rental of facilities and equipment; leasing of vehicles; costs of food and lodging; digital or tape editing, transfers of film to tape or digital format, sound mixing, computer graphics services, and special effects services; total aggregate payroll; airfare, if the flight is directly related to production activities in South Carolina and purchased through a South Carolina travel agency or travel company; insurance costs if purchased through a South Carolina based insurance agency; and other direct costs of producing the project in accordance with generally accepted entertainment industry practices. The term must not include postproduction expenditures for marketing and distribution.
(12) 'Resident' means an individual who is domiciled in this State and who is liable for South Carolina income and property taxes.
(13) 'South Carolina supplier' means an entity, including, but not limited to, a limited liability company, a single member limited liability company, a corporation, an 'S' corporation, a partnership or a sole proprietorship that:
(a) has at least one full-time employee within the State;
(b) has a physical location in the State that consists of more than a post office box or drop box and that maintains normal business and has a South Carolina telephone number;
(c) has registered to pay South Carolina income taxes and withholding taxes, and if applicable, South Carolina sales tax; and
(d) has registered to do business, if required, with the South Carolina Secretary of State.
Section 12-64-30. (A) For the purposes of the recruitment and development of qualified production activities in South Carolina, the General Assembly shall appropriate to the department an amount equal to twenty-six percent of the general fund portion of admissions tax collected by the State for the previous fiscal year. Rebates payable pursuant to Section 12-64-40 may not exceed in total ten million dollars annually from the general fund of the State, and this ten million dollars is in addition to amounts made available as a percentage of admissions tax revenues.
(B) The department shall utilize funds to rebate direct use expenditures for qualified production activities or qualified production expenses as provided pursuant to Sections 12-64-40 and 12-64-60 when these expenditures equal or exceed a base investment of one million dollars in twelve consecutive months.
(C)(1) An application for the rebates provided for by this chapter must be accepted only from production companies that report an anticipated base investment in the State in the aggregate equal to or exceeding one million dollars in a twelve-month period.
(2) The application must be approved by the department.
(D) The department shall use up to seven percent of these funds for marketing for the following purposes:
(1) to allow for assistance with recruitment or infrastructure development of the film industry, or
(2) marketing, or
(3) ally support, or
(4) special events.
(E)(1) The rebate provided in this section is available to the production company at the end of all qualified production activity. The production company shall apply to the South Carolina Film Commission for a certificate of completion once qualified production activity in South Carolina is complete. The production company shall provide any information the South Carolina Film Commission considers necessary to determine if the one million dollar base investment requirement has been met.
(2) A production company may claim the rebate by filing a request for a rebate with the South Carolina Film Commission once the certificate of completion is obtained. To claim the rebate, the production company and all companies described in Section 12-64-40(B)(1)(b) or (c) must be current with respect to all taxes or loans due and owing the State or political subdivisions at the time of the filing of the request for the rebate. If the production company or company described in Section 12-64-40(B)(1)(b) or (c) is not current with respect to all taxes due and owing the State or political subdivisions, the production company may be barred from claiming the rebate until the taxes and loans have been paid in full.
(3) The production company shall attach to its request for the rebate a copy of the certificate of completion and a copy of all assignments of the rebate, if applicable.
(F) A production company claiming a rebate pursuant to this section, and all companies described in Section 12-64-40(B)(1)(b) or
(G) A production company claiming a rebate pursuant to Section 12-64-60 shall make records of all expenditures available for inspection to the South Carolina Film Commission at the times requested by the South Carolina Film Commission. Each production company claiming the rebate shall provide a report, as prescribed by the South Carolina Film Commission, at the time of filing.
(H) For purposes of this section, and as an exception to Section 12-54-240, a production company and a company described in Section 12-64-40(B)(1)(b) or (c) agree that the department and the Department of Revenue may provide information concerning the request for the rebate and the certificate of completion among the respective taxpayers and the respective agencies.
(I) The allocations to production companies contemplated by this chapter must be made by the department. The South Carolina Film Commission may prescribe policies and procedures necessary to administer the application and award of the rebate.
(J) The rebates paid to a production company are not income and not subject to tax pursuant to Chapter 6 of this title.
(K) The department shall report annually on the use of all funds pursuant to this section. The report is a public record pursuant to the Freedom of Information Act, Chapter 4 of Title 30, and must be posted annually on the department's web site by December thirty-first for the previous fiscal year.
Section 12-64-40. (A) The department may rebate to a production company a portion of the South Carolina payroll of the employment of persons subject to South Carolina income tax withholdings in connection with production of qualified production
(B)(1) For purposes of this section, an employee is an individual directly involved in the qualified production activity in South Carolina and who is an employee of a:
(a) production company;
(b) personal service corporation retained by a production company to provide persons used directly in the qualified production activity in South Carolina; or
(c) payroll services or loan out company that is retained by a production company to provide employees who work directly in the qualified production activity in South Carolina.
(2) For his wages to qualify for the rebate, the employee must be certified by the South Carolina Film Commission as a qualifying employee and the employee is liable for South Carolina income tax withholding. In the case of a person or persons represented by a loan out company or a personal service company and paid by a payroll service company, all payments qualify pursuant to Section 12-8-550.
(C) The rebate applies with respect to an employee described in subsection (B)(1)(b) or (c) of this section only if, before the rebate is applied for, the personal services corporation, payroll services company, or loan out company is approved and certified by the South Carolina Film Commission, and makes an irrevocable assignment of its rebate to the production company that produced the qualified production activity. The assignment must be made on a form provided by the South Carolina Film Commission which must include a waiver of confidentiality pursuant to Section 12-54-240. Upon assignment, the rebate may be paid only to the production company. A personal services corporation, payroll services company, or loan out company which is a subcontractor to another entity which has made or does make the irrevocable assignment is not required to make the assignment to execute the form. However, a subcontractor is not entitled to a rebate unless, before the start of the physical production in South Carolina, the subcontractor has notified the South Carolina Film Commission and the production company that it does not intend to assign its rebate.
Section 12-64-50. At the time the production company is certified by the department, it may make, with the approval of the department, an irrevocable assignment of future payments attributable to the rebates made pursuant to Section 12-64-30 to a designated trustee. The assignment must specify the exact dollar amount being assigned to the designated trustee. For purposes of this chapter, 'designated trustee' means the single financier or financial institution designated by the production company to receive all assignments of payments made pursuant to this chapter and to the terms of an agreement entered into by the production company. If a production company elects to assign payments to the designated trustee, the election must be made on a form provided by the department, including a waiver of confidentiality pursuant to Section 12-54-240, and the payments may be paid only to the designated trustee. The production company shall file an application for the assignment with the department before applying for the rebate.
Section 12-64-60. (A)(1) The department may rebate to a production company an amount up to thirty percent of the qualified production expenditures made by the production company in this State.
(2) This subsection does not apply to payroll paid for production company employees subject to Section 12-64-40 or money paid to the companies described in Section 12-64-40(B)(1)(b) or (c).
(B) An additional one percent of the general fund portion of admissions tax collected by this State for the previous fiscal year must be appropriated to the department for the exclusive use of the South Carolina Film Commission for the promotion of collaborative production and educational efforts between institutions of higher learning in South Carolina and qualified production activities. These appropriations must be appropriated annually by September first to the department for the exclusive use of the South Carolina Film Commission. The South Carolina Film Commission may prescribe procedures necessary to administer this section. Unexpended funds from this appropriation carry forward to the next and succeeding fiscal years and must be used for the same purpose.
Section 12-64-70. (A) An additional one percent of the general fund portion of admissions tax collected by this State for the previous year must be allocated to the South Carolina Film Commission for the development and funding of a trainee wage reimbursement program, apprenticeship programs, and other qualified production activity training programs for South Carolina residents. These appropriations must be appropriated annually to the department in the general
(1) be a South Carolina resident;
(2) be certified as a qualified production activity trainee by the South Carolina Film Commission;
(3) employed by a qualified production activity in South Carolina.
(B) After approval by the South Carolina Film Commission, the department may provide for reimbursement of fifty percent of payroll paid to the personnel for whom information is submitted in accordance with the South Carolina Film Commission's policies and procedures.
(C) This section does not apply to production company employees receiving rebates pursuant to Section 12-64-40.
(D) The South Carolina Film Commission may prescribe procedures necessary to administer this section.
(E) The provisions of this section are effective only for the five consecutive state fiscal years beginning July 1, 2009.
Section 12-64-80. (A)(1) Upon a determination by the director of the General Services Division of the State Budget and Control Board of the underutilization of state property by a state agency, the South Carolina Film Commission may negotiate below-market rates for temporary use, no more than twelve months, of space for the underutilized property. The negotiations and temporary use are exempt from the provisions of the South Carolina Consolidated Procurement Code. State-owned or political subdivision-owned properties may recoup all costs they expend on behalf of and at the direction of the production company at normal and customary rates incurred by the state agency. State-owned or political subdivision-owned properties also may recoup costs required to repair damage caused by the production company to real or personal property of the state agency or
(2) The state agency that owns the property determined to be underutilized may appeal within three business days that determination of underutilization to the State Budget and Control Board.
(B) The State or its political subdivisions may not charge a location or facility fee for properties they own to a production company if the properties are used for ten or fewer days as a location or facility in the production of a qualified production activity, but only properties used directly in filming and not as support locations are covered by this provision. A property may be used for a total of only thirty days without location or facility fees in a calendar year. The production company may be on site no longer than ten days within a thirty-day period without a location or facility fee charge. State-owned or political subdivision-owned properties may recoup all costs they expend on behalf and at the direction of the production company at the normal and customary rates incurred by the state agency or political subdivision. State-owned or political subdivision-owned properties also may recoup a location or facility fee, after the first ten days, not to exceed two thousand five hundred dollars a day. State-owned or political subdivision-owned properties also may recoup costs required to repair damage caused by the production company to real or personal property of the state agency or political subdivision at the normal and customary rates incurred by the state agency or political subdivision. The production company shall reimburse all location or facility costs to the state agency or political subdivision within twenty-one calendar days of completion of production activities on site. The production company may use the publicly-owned property only on the days agreed to and approved by the state agency or political subdivision.
Section 12-64-90. The South Carolina Film Commission may form a South Carolina Film Foundation to solicit donations for the recruitment and development of qualified production activities in furtherance of the purposes of this chapter.
Section 12-64-100. The end credit roll of a qualified production activity that utilizes a South Carolina tax credit or rebate must recognize the State of South Carolina with the following statement as a condition of receiving incentive funding under this section, when appropriate, at no cost to the State. The recognition must at a minimum include placement in the end credits of 'Filmed in South Carolina - www.FilmSC.com' with size and placement commensurate to other logos included in the end credits or, if no logos are used, the
Section 12-64-110. To the extent not already provided, the South Carolina Film Commission may prescribe rules and procedures and promulgate regulations to carry out the intent and purposes of this chapter."
E. Chapter 62, Title 12 of the 1976 Code is repealed.
F. The repeal or amendment by this SECTION 39 of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this SECTION 39, all laws repealed or amended by this SECTION 39 must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this SECTION 39, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
G. Except as otherwise stated, this SECTION 39 takes effect July 1, 2008. However, the apprentice program and its funding as provided in Section 12-64-70 of the 1976 Code as contained in part II, subsection D. of this SECTION 39 takes effect July 1, 2009. /
Amend the bill further, Section 12-6-1120(4) as found in SECTION 48, page 94, line 17, by deleting / Tier III / and inserting / Tier II /.
Amend the bill further, Section 12-28-955 as found in SECTION 49, beginning on page 94, by deleting lines 22-37 in their entirety and inserting:
/ "Section 12-28-955. (A) Every supplier and permissive supplier who properly remits user fees under this chapter is allowed to retain one-tenth percent of the user fee imposed by this chapter and collected and remitted by that supplier in accordance with this chapter to cover the cost of administration including reporting, audit compliance, dye injection, and shipping paper preparation. A transporter licensed to distribute motor fuel in this State is eligible for reimbursement of its
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. KENNEDY proposed the following Amendment No. 3 (Doc Name COUNCIL\AGM\19227MM08), which was tabled:
Amend the bill, as and if amended, Section 12-37-714(2), as found in SECTION 45.C., by deleting item (2) in its entirety and inserting:
/ "(2) A boat, including its motor if the motor is separately taxed, which is not currently taxed in this State and is not used exclusively in interstate commerce, is subject to property tax in this State if it is present within this State for sixty consecutive days or for ninety one hundred eighty days in the aggregate in a property tax year. Upon written request by a tax official, the owner must provide documentation or logs relating to the whereabouts of the boat in question. Failure to produce requested documents creates a rebuttable presumption that the boat in question is taxable within this State." /
Renumber sections to conform.
Amend title to conform.
Rep. KENNEDY explained the amendment.
Rep. KENNEDY spoke in favor of the amendment.
Rep. COOPER moved to table the amendment.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
Bannister Battle Bedingfield Bingham Bowen Brady Cato Chalk Clemmons Cooper Cotty Crawford Daning Dantzler Davenport Delleney Edge Erickson Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman Hiott Huggins Hutson Jennings Kelly Kirsh Leach Limehouse Littlejohn Loftis Lowe Lucas Mahaffey McLeod Merrill Mitchell Moss Mulvaney Neilson Owens Perry Pinson E. H. Pitts Rice Sandifer Scarborough Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Umphlett Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Anthony Bales Branham Brantley G. Brown R. Brown Clyburn Cobb-Hunter Coleman Funderburk Hart Hosey Howard Jefferson Kennedy Knight Mack J. H. Neal Ott Parks
Phillips Rutherford Scott Weeks Whipper Williams
So, the amendment was tabled.
Rep. EDGE proposed the following Amendment No. 4 (Doc Name COUNCIL\AGM\19229MM08), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Chapter 1, Title 6 of the 1976 Code is amended by adding:
Section 6-1-3000. (A) For purposes of this section:
(1) 'Fee' includes, but is not limited to, assessments, fees for improvements, special assessments, maintenance, roads, or other repairs required by the homeowners' association.
(2) 'Homeowner' means a person who holds title to real property, in fee simple or otherwise including, but not limited to, an owner of real property subject to a homeowners' association, an owner of an interest in a vacation time share sharing plan, and a co-owner under a horizontal property regime.
(3) 'Homeowners' association' has the same meaning as provided in Section 12-43-230.
(4) 'Homeowners' association document' includes, but is not limited to, declarations of covenants, articles of incorporation, bylaws, or similar document concerning the rights of property owners to use their property.
(B) Regardless of a restrictive covenant, declaration, rule, contractual provision, or other requirement concerning fees in a deed, contract, lease, rental agreement, or homeowners' association document, a fee levied by a homeowners' association must be uniform as to all property owners in the association and must be a fixed amount. The fee must not be assessed upon the transfer of any real estate within the association and must not be based on the value of the home." /
Renumber sections to conform.
Amend title to conform.
Rep. EDGE explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 4 was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that while the Bill dealt with taxation, the Amendment dealt with Home Owners' Association fees and did not relate to taxation. He therefore sustained the Point of Order and ruled the Amendment out of order.
Rep. TALLEY proposed the following Amendment No. 5 (Doc Name COUNCIL\AGM\19228MM08), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ Section ___. Article 3, Chapter 28, Title 12 of the 1976 Code is amended by adding:
"Section 12-28-340. (A) A terminal, as defined in Section 12-28-110(56), located within the State must offer for sale a petroleum product that is not already pre-blended with ethanol and that is suitable for subsequent blending of the product with ethanol.
(B) A person or entity must not take any action to deny a distributor, as defined in Section 12-28-110(17), or retailer, as defined in Section 12-28-110(52), who is doing business in this State and who has registered with the Internal Revenue Service on Form 637(M) from being the blender of record afforded them by the acceptance by the Internal Revenue Service of Form 637(M)." /
Renumber sections to conform.
Amend title to conform.
Rep. TALLEY explained the amendment.
The amendment was then adopted.
Rep. KIRSH explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3853 (Word version) -- Reps. Witherspoon, Walker, Bales, Harvin, Littlejohn, Lowe, Mahaffey, Miller, M. A. Pitts, Spires and Bowers: A BILL TO
Rep. WALKER moved to adjourn debate upon the Senate Amendments until Thursday, April 24, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4680 (Word version) -- Reps. Walker, Anthony, W. D. Smith, Littlejohn, Talley, Kelly, Mahaffey and Davenport: A BILL TO AMEND ACT 906 OF 1962, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR TECHNICAL AND COMMUNITY EDUCATION, SO AS TO PROVIDE FOR REPRESENTATION ON THE COMMISSION OF A MEMBER FROM CHEROKEE COUNTY SCHOOL DISTRICT ONE AND A MEMBER FROM THE SCHOOL DISTRICT OF UNION COUNTY, TO REDUCE FROM FOUR TO TWO THE AT-LARGE MEMBERS FROM SPARTANBURG COUNTY AND TO PROVIDE TRANSITION PROVISIONS.
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Joint Resolution were taken up for consideration:
H. 4735 (Word version) -- Reps. Harrell, Cato, Funderburk, Loftis, Sandifer, Thompson, Owens, Harvin, Bedingfield, Leach, Bales, Whipper and R. Brown: A JOINT RESOLUTION TO CREATE THE SOUTH
Rep. OWENS made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4800 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2008, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THIS OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
Rep. COOPER made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate Amendments to the following Joint Resolution were taken up for consideration:
H. 4801 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2007-2008.
Rep. COOPER made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3798 (Word version) -- Rep. G. R. Smith: A BILL TO AMEND SECTION 20-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON WHO MAY PERFORM MARRIAGE CEREMONIES, SO AS TO ALSO INCLUDE THE CHIEF OF A NATIVE AMERICAN INDIAN ENTITY RECOGNIZED BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS.
Rep. G. R. SMITH made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3590 (Word version) -- Reps. G. R. Smith, Bowen, Duncan, Haskins, Littlejohn, Lowe, Bedingfield and Stavrinakis: A BILL TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT OF 2007" INCLUDING PROVISIONS TO AMEND SECTION 1-30-10, CODE
H. 4538 (Word version) -- Reps. Funderburk, McLeod, Stavrinakis and Whipper: A BILL TO ENACT THE "GOVERNMENT ACCOUNTABILITY ACT OF 2008", INCLUDING PROVISIONS TO AMEND SECTION 8-27-10(4), RELATING TO THE DEFINITION OF REPORT FOR THE PURPOSES OF THE EMPLOYMENT PROTECTION FOR REPORTS OF VIOLATIONS OF STATE OR FEDERAL LAW OR REGULATION BY PROVIDING THAT A REPORT MAY BE A WRITTEN OR ORAL ALLEGATION OR TESTIMONY TO A LEGISLATIVE COMMITTEE; BY ADDING CHAPTER 2 TO TITLE 2, RELATING TO LEGISLATIVE OVERSIGHT OF EXECUTIVE DEPARTMENTS, TO PROVIDE THAT THE STANDING COMMITTEES OF THE GENERAL ASSEMBLY HAVE A DUTY TO REVIEW AND STUDY THE OPERATIONS OF THE STATE AGENCIES WITHIN THE COMMITTEE'S JURISDICTION, TO ESTABLISH COMMITTEE OVERSIGHT JURISDICTION, TO PROVIDE FOR THE PROCESS BY WHICH A COMMITTEE MAY INITIATE AN OVERSIGHT STUDY OR INVESTIGATION, TO PROVIDE FOR THE MANNER IN WHICH AN INVESTIGATING COMMITTEE MAY ACQUIRE EVIDENCE
The following Concurrent Resolution was taken up:
H. 5035 (Word version) -- Rep. Barfield: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 501 IN HORRY COUNTY THAT RUNS THROUGH THE TOWN OF AYNOR THE "W. G. HUCKS HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "W. G. HUCKS HIGHWAY".
Be it resolved by the House of Representatives, the Senate concurring:
That the Department of Transportation name the portion of United States Highway 501 in Horry County that runs through the town of Aynor the "W. G. Hucks Highway" and erect appropriate markers or signs along this portion of highway that contain the words "W. G. Hucks Highway".
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
S. 1285 (Word version) -- Senators Anderson, Fair, Thomas and Vaughn: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNIVERSITY RIDGE IN THE CITY OF GREENVILLE FROM ITS INTERSECTION WITH CLEVELAND STREET TO ITS INTERSECTION WITH CHURCH STREET "WILFRED J. WALKER STREET" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS STREET THAT CONTAIN THE WORDS "WILFRED J. WALKER STREET".
Whereas, Mr. Wilfred Junius Walker was born in Manning on August 9, 1912, the fifth of seven children born to Mr. and Mrs. Charles F. Walker; and
Whereas, he was a high school valedictorian who received a scholarship to Hampton Institute and received his undergraduate degree in 1935. During that year, he conducted the Hampton Trade School Singers when they performed for President and Mrs. Franklin Delano Roosevelt; and
Whereas, after marrying his college sweetheart, Edris Jackson, he settled in Greenville where the loving couple raised two vibrant children, Delores Edris and Wilfred, Jr., who distinguished themselves in the fields of education and engineering; and
Whereas, for forty years, Mr. Walker taught masonry, plastering, English, mathematics, and drafting in the Greenville County School District and was instrumental in improving industrial trade standards in the state's public schools; and
Whereas, his students consistently won recognition for their high quality work. Many of his students contributed in the construction of many structures, including Greenville's Peace Center for Performing
Whereas, Mr. Walker gained fame and became known as the "Ole Sportscaster" when he became the radio commentator for Sterling High School's Tigers football games. He also became a local celebrity in Greenville with his music show "Wilfred Walker's Variety Time" and was a popular announcer for WFBC. When WESC began broadcasting football games from Sirrine Stadium in 1948, Mr. Walker became the first African American radio sportscaster in this State. In 1990, the University of South Carolina's McKissick Museum Broadcasting Archives recognized Mr. Walker as a pioneer in African American broadcasting; and
Whereas, he has received many honors and awards during his life which include the Allen Temple A.M. E. Church Man-of-the-Year Award, the Sterling High School Distinguished Service Award, induction into both the Piedmont Athletics Association Hall of Fame and the Sterling High School Hall of Fame, and being featured in the 1993 Southern Bell South Carolina African American History Calendar; and
Whereas, it is fitting and proper for the General Assembly to pause in its deliberations to forever recognize the many contributions that this distinguished son of South Carolina has made to this State and nation by naming a portion of University Ridge in the City of Greenville in his honor. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly request that the Department of Transportation name the portion of University Ridge in the City of Greenville from its intersection with Cleveland Street to its intersection with Church Street "Wilfred J. Walker Street" and erect appropriate markers or signs along this portion of highway that contain the words "Wilfred J. Walker Street".
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. WITHERSPOON.
The following Bill was taken up:
H. 4594 (Word version) -- Reps. Sandifer, Cato, Huggins, McLeod, Toole, Walker, R. Brown, Whipper, Bales, Vick and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-35 SO AS TO PROHIBIT A PERSON FROM ENGAGING IN THE BUSINESS OF RESIDENTIAL HEATING AND AIR CONDITIONING CONTRACTING UNLESS LICENSED AS A RESIDENTIAL SPECIALTY CONTRACTOR AND TO PROVIDE EXCEPTIONS; TO PROHIBIT PROVIDING A POTENTIAL BUYER A PROPOSAL FOR SALE OR INSTALLATION OF RESIDENTIAL HEATING AND AIR CONDITIONING, OTHER THAN A WRITTEN ESTIMATE, BEFORE THE SPECIFICATIONS FOR THE SYSTEM HAVE BEEN REVIEWED AND APPROVED BY A LICENSED EMPLOYEE OF THE RETAIL SELLER, OR THE RETAIL SELLER; TO FURTHER SPECIFY CONTRACT REQUIREMENTS FOR THE SALE AND INSTALLATION OF A HEATING AND AIR CONDITIONING SYSTEM; AND TO AUTHORIZE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO PROMULGATE REGULATIONS ESTABLISHING A CIVIL PENALTY FOR VIOLATIONS.
Rep. CATO moved to recommit the Bill to the Committee on Labor, Commerce and Industry, which was agreed to.
The following Bill was taken up:
H. 4883 (Word version) -- Reps. Barfield, Clemmons, Edge, Hardwick, Hayes, Viers, Witherspoon and Whipper: A BILL TO AMEND THE CODE
Rep. CLEMMONS proposed the following Amendment No. 3 (Doc Name COUNCIL\GJK\20677SD08), which was adopted:
Amend the bill, as and if amended, by adding a new Section 4-10-476 immediately after Section 4-10-460 on page 9 to read:
/ Section 4-10-476. The Education Capital Improvements Sales and Use Tax authorized by this article may only be imposed in counties which have collected at least seven million dollars in state accommodations taxes as imposed pursuant to Section 12-36-920(A) in the most recent fiscal year for which full collection figures are available. Once a county meets this threshold it thereafter remains eligible to impose this tax. /
Renumber sections to conform.
Amend title to conform.
Rep. CLEMMONS explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Alexander Anderson Bales Ballentine Bannister Battle Bingham Bowen Bowers Brady Branham Brantley G. Brown R. Brown Clemmons Clyburn Coleman Cooper Cotty Crawford Daning Dantzler Davenport Edge Erickson Frye Gullick Hagood Hardwick Harrell Harrison Hayes Herbkersman Hiott Hodges Hosey Hutson Jennings Kennedy Limehouse Littlejohn Lowe Mack Miller Moss Neilson Phillips Sandifer Scarborough Sellers J. R. Smith Spires Stavrinakis Taylor Toole Whipper White Witherspoon Young
Those who voted in the negative are:
Agnew Allen Delleney Funderburk Hamilton Haskins Kirsh Leach Lucas Mahaffey McLeod J. M. Neal Parks Perry Pinson Rice Rutherford Scott Simrill D. C. Smith F. N. Smith G. M. Smith Stewart Thompson Weeks
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4942 (Word version) -- Reps. Cotty, Clemmons, Hagood, E. H. Pitts, Sandifer, Brady, Erickson, Huggins, Haskins, Whipper and Edge: A BILL TO AMEND SECTION 12-37-3140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DETERMINING THE FAIR MARKET VALUE OF REAL PROPERTY FOR PURPOSES OF THE SOUTH CAROLINA REAL PROPERTY VALUATION REFORM ACT, SO AS TO POSTPONE THE IMPLEMENTATION OF THE TRANSFER VALUE OF A PARCEL OF REAL PROPERTY UNIMPROVED SINCE THE LAST COUNTYWIDE REASSESSMENT PROGRAM UNTIL THE TIME OF IMPLEMENTATION OF THE NEXT COUNTYWIDE REASSESSMENT PROGRAM AND TO REQUIRE THE FIFTEEN PERCENT LIMIT ON INCREASES IN VALUE TO BE CALCULATED SEPARATELY ON LAND AND IMPROVEMENTS; TO AMEND SECTION 12-37-3150, AS AMENDED, RELATING TO THE TIME AN ASSESSABLE TRANSFER OF INTEREST OCCURS, SO AS TO REVISE THE PENALTY FOR FAILURE TO PROVIDE NOTICE OR FAILURE TO PROVIDE ACCURATE NOTICE TO THE ASSESSING AUTHORITY OF BUSINESS ENTITY TRANSFERS; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO THE CLASSIFICATION AND VALUATION OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO REQUIRE THE DEED TO PROPERTY HELD IN TRUST TO RECITE THE NAME OF THE BENEFICIARY FOR THE PROPERTY TO QUALIFY AS THE BENEFICIARY'S LEGAL RESIDENCE AND REQUIRE SOCIAL SECURITY NUMBERS OF APPLICANTS FOR THE LEGAL RESIDENCE ASSESSMENT RATIO; AND TO AMEND SECTION 40-60-35, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR ASSESSORS, SO AS TO REVISE THE REQUIREMENT.
Rep. COTTY explained the Bill.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Agnew Anderson Bales Ballentine Bannister Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley G. Brown R. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Crawford Daning Dantzler Davenport Delleney Edge Erickson Frye Funderburk Gambrell Gullick Hagood Haley Harrell Harrison Hart Haskins Hayes Herbkersman Hiott Hodges Hosey Huggins Hutson Jefferson Jennings Kelly Kennedy Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts Rice Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton F. N. Smith G. M. Smith J. R. Smith W. D. Smith Spires Stavrinakis Talley Taylor Thompson Toole Umphlett Walker Weeks Whipper White Whitmire Williams Witherspoon Young
So, the Bill was read the second time and ordered to third reading.
Rep. FRYE moved to adjourn debate upon the following Bill until Thursday, April 24, which was adopted:
H. 4337 (Word version) -- Reps. R. Brown, Clyburn, Knight, Bedingfield, Toole and Hodges: A BILL TO AMEND SECTION 48-14-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STORMWATER RUNOFF FEES, SO AS TO SPECIFICALLY EXEMPT FARM LAND, FOREST LAND, AND UNDEVELOPED LAND FROM SUCH FEES.
Rep. FRYE moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 5075 (Word version) -- Rep. Cotty: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR RICHLAND COUNTY FOSTER CARE REVIEW BOARDS 5B, 5C, AND 5D FOR THEIR VOLUNTEER WORK FOR FOSTER CHILDREN IN SOUTH CAROLINA, AND TO CONGRATULATE THEIR MEMBERS UPON BEING SELECTED AS CO-WINNERS OF THE 2007 FOSTER CARE REVIEW BOARD OF THE YEAR.
The Resolution was adopted.
The following was introduced:
H. 5076 (Word version) -- Rep. Cotty: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR RACHEL E. SILVER OF RICHLAND COUNTY FOR HER VOLUNTEER WORK FOR FOSTER CHILDREN IN SOUTH CAROLINA, AND TO CONGRATULATE HER UPON BEING
The Resolution was adopted.
The following was introduced:
H. 5077 (Word version) -- Rep. Hutson: A HOUSE RESOLUTION TO CONGRATULATE PRESBYTERIAN COMMUNITIES OF SOUTH CAROLINA UPON THE OCCASION OF ITS FIFTIETH ANNIVERSARY, AND TO COMMEND THE ORGANIZATION UPON HALF A CENTURY OF DEDICATED SERVICE IN THIS GREAT STATE.
The Resolution was adopted.
The following was introduced:
H. 5078 (Word version) -- Rep. Walker: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE REVEREND WALLACE HUGHES FOR HIS FORTY-NINE YEARS OF DEDICATED SERVICE AS A PASTOR AND FOR HIS COMMITTED COMMUNITY SERVICE.
The Resolution was adopted.
The following was introduced:
H. 5079 (Word version) -- Reps. Hardwick, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey,
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5080 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5081 (Word version) -- Reps. Toole and Haley: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE DR. NANCY L. TURNER, PRINCIPAL OF WHITE KNOLL MIDDLE SCHOOL IN LEXINGTON COUNTY FOR HER DEDICATION AND HARD WORK AS AN EDUCATOR, AND TO CONGRATULATE HER FOR BEING SELECTED THE 2008 METLIFE/NATIONAL ASSOCIATION OF SECONDARY SCHOOL PRINCIPALS MIDDLE LEVEL PRINCIPAL OF THE YEAR BY THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS.
The Resolution was adopted.
The following Bill was taken up:
H. 4927 (Word version) -- Reps. Littlejohn, Kirsh, Brantley, Clyburn, Cobb-Hunter, Davenport, Haskins, Hodges, Hosey, Loftis, Moss, J. R. Smith, Barfield, Witherspoon and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3680 SO AS TO ALLOW A REFUNDABLE INCOME TAX CREDIT TO A RECYCLING FACILITY EQUAL TO THE YEARLY AMOUNT EXPENDED BY THE RECYCLING FACILITY FOR ELECTRIC SERVICE MULTIPLIED BY ONE PERCENT IN THE FIRST YEAR THE CREDIT IS CLAIMED, TWO PERCENT IN THE SECOND YEAR, AND INCREASING BY TWO PERCENT IN THE YEARS UP TO A MAXIMUM OF EIGHT PERCENT, AND TO PROVIDE THAT THE CREDIT IS ALLOWED
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10497HTC08), which was adopted:
Amend the bill, as and if amended, by striking Section 12-6-3680, as contained in SECTION 1, beginning on page 1, and inserting:
/ Section 12-6-3680. (A) For purposes of this section:
(1) 'Recycling facility' means a facility located in South Carolina that:
(a) engages in recycling as defined in Section 44-96-40(37); and
(b) manufactures product for sale composed of over fifty percent post-consumer recycled content and pre-consumer recycled content by weight or by volume.
(B)A taxpayer owning and operating a recycling facility as defined in subsection (A) is allowed a refundable income tax credit equal to the yearly amount expended by the recycling facility for electric service used in the manufacturing process multiplied by the percentage of recycled content calculated in subsection (A)(1)(b) of this section, and multiplied by the following:
(1) one percent in the first year the credit is claimed;
(2) two percent in the second year the credit is claimed;
(3) three percent in the third year the credit is claimed;
(4) four percent in the fourth year the credit is claimed; and
(5) four percent in subsequent years, not to exceed the amount of credit received pursuant to item (4).
(C) The credit is first allowed against returns due to be filed in fiscal year 2009-2010. A credit is not allowed and may not be claimed for a taxable year except as provided in subsection (E).
(D) A taxpayer may claim the credit allowed in this section only on the taxpayer's annual return. The taxpayer shall provide all information that the department determines is necessary for the calculation and administration of the credit.
(E) Beginning with the February 15, 2009, forecast by the Board of Economic Advisors of annual general fund revenue growth for the upcoming fiscal year, and annually after that, if the forecast of that
(F) The recycling facility must maintain or increase the number of employees in South Carolina in order to qualify for the credit. The benchmark for the number of employees of a recycling facility is the number of employees submitted to the department in the initial claim seeking the credit. The recycling facility must submit a notarized certification of the number of employees to the Department of Revenue each year." /
Renumber sections to conform.
Amend title to conform.
Rep. LITTLEJOHN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4499 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-60-2545, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AWARDING OF REASONABLE ATTORNEY'S FEES IF A TAXPAYER PREVAILS IN THE ASSESSOR'S DENIAL OF AGRICULTURAL USE VALUE OF REAL PROPERTY AND A FINDING BY THE ADMINISTRATIVE LAW COURT THAT THE ASSESSOR'S ACTION WAS UNREASONABLE, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO BOTH THE DENIAL OF AN APPLICATION FOR AGRICULTURAL USE VALUE AND AN ACTION BY THE ASSESSOR TO REMOVE REAL PROPERTY FROM THAT STATUS, TO PROVIDE FOR THE PAYMENT OF EXPENSES PLUS ATTORNEY'S FEES, TO PROVIDE FOR THIS REIMBURSEMENT OF ATTORNEY'S FEES AND EXPENSES AFTER THE TAXPAYER PREVAILS IN ANY
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10546HTC08), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/ SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. COTTY explained the amendment.
The amendment was then adopted.
Rep. EDGE proposed the following Amendment No. 2 (Doc Name COUNCIL\AGM\19234MM08), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___.A. Chapter 1, Title 6 of the 1976 Code is amended by adding:
Section 6-1-3000. (A) For purposes of this section:
(1) 'Fee' includes, but is not limited to, assessments, fees for improvements, special assessments, maintenance, roads, or other repairs required by the homeowners' association.
(2) 'Homeowner' means a person who holds title to real property, in fee simple or otherwise including, but not limited to, an owner of real property subject to a homeowners' association, an owner of an interest in a vacation time share sharing plan, and a co-owner under a horizontal property regime.
(3) 'Homeowners' association' has the same meaning as provided in Section 12-43-230.
(4) 'Homeowners' association document' includes, but is not limited to, declarations of covenants, articles of incorporation, bylaws, or similar document concerning the rights of property owners to use their property.
(B) Regardless of a restrictive covenant, declaration, rule, contractual provision, or other requirement concerning fees in a deed, contract, lease, rental agreement, or homeowners' association document, a fee levied by a homeowners' association must be uniform as to all property owners in the association and must be a fixed amount. The fee must not be assessed upon the transfer of any real estate within the association and must not be based on the value of the home."
B. This SECTION takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. EDGE explained the amendment.
Rep. COTTY raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that while the Bill dealt with the valuation of agricultural property, the Amendment dealt with Home Owner Association fees and did not relate to the valuation of agricultural property. He therefore sustained the Point of Order and ruled the Amendment out of order.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4568 (Word version) -- Reps. Rice, Harrell and Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-15-130 SO AS TO REQUIRE THE LEGISLATIVE AUDIT COUNCIL TO SUBMIT AN ESTIMATE OF THE COST OF AN AUDIT AT LEAST THIRTY DAYS BEFORE THE START OF THE AUDIT TO THE PARTY REQUESTING THE AUDIT.
Rep. RICE explained the Bill.
H. 4451 (Word version) -- Reps. Ballentine and Walker: A BILL TO AMEND SECTIONS 59-112-10, 59-113-20, AS AMENDED, 59-115-20, 59-
Rep. WHITMIRE explained the Bill.
Rep. KIRSH moved to reconsider the vote whereby the following Bill was continued, which was rejected by a division vote of 22 to 58:
H. 4622 (Word version) -- Reps. Hutson, Dantzler, Limehouse, Miller, Perry, Umphlett, Witherspoon and Knight: A BILL TO AMEND SECTION 56-1-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POINTS ASSESSED A PERSON'S DRIVING RECORD FOR VIOLATING CERTAIN PROVISIONS THAT REGULATE THE OPERATION OF A MOTOR VEHICLE, SO AS TO PROVIDE THAT FOUR POINTS MUST BE ASSESSED AGAINST THE DRIVING RECORD OF A PERSON FOR THE IMPROPER OPERATION OF A VEHICLE WHEN APPROACHING A STATIONARY EMERGENCY VEHICLE; AND TO AMEND SECTION 56-5-1538, RELATING TO THE MANAGEMENT OF AN EMERGENCY SCENE AND PENALTIES FOR A VIOLATION OF THIS PROVISION, SO AS TO REUSE THE DEFINITION OF AN EMERGENCY SCENE, TO PROVIDE THAT ALL PERSONS DRIVING IN OR THROUGH AN EMERGENCY SCENE MUST EXERCISE DUE REGARD FOR THE SAFETY OF ALL PERSONS WHEN HE DRIVES TO OR FROM AN EMERGENCY SCENE, TO PROVIDE THAT A PERSON WHO COMMITS A MOVING VIOLATION IN AN EMERGENCY IS SUBJECT TO A FINE THAT IS DOUBLE THE FINE OTHERWISE PRESCRIBED FOR THAT MOVING VIOLATION, AND TO PROVIDE THAT CERTAIN CONDUCT BY A DRIVER CONSTITUTES A FACTOR IN AGGRAVATION.
The following Bill was taken up:
H. 4797 (Word version) -- Rep. Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-180 SO AS TO PROHIBIT A MUNICIPALITY OR COUNTY FROM IMPOSING A FEE OR SEEKING REIMBURSEMENT OF COSTS OR EXPENSES INCURRED AS A RESULT OF RESPONDING TO A MOTOR VEHICLE ACCIDENT.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22093DW08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting clause and inserting:
/ Article 1, Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-180. (A) A municipality or county, or unit or agency of it, may not impose a fee or seek reimbursement of costs or expenses incurred as a result of responding to a motor vehicle accident, except:
(1) where the coverage for these services is expressly provided by an insurance company to the insured and the services are billed lawfully to the insured;
(2) where emergency medical services are provided to the insured by the county or municipal corporation, or unit or agency of it, if the insured's motor vehicle insurance policy expressly covers the services provided; or
(3) where hazardous material clean up services are provided to the insured by the county or municipal corporation, or unit or agency of it, and where insurance coverage for that service is expressly required by state or federal law.
(B) Nothing contained in this section prohibits a unit of government from seeking to collect from another unit of government the reasonable costs incurred for responding to a motor vehicle accident outside its jurisdiction of authority. Those costs may not be charged directly or indirectly to an insurance company unless otherwise expressly covered under the terms of the insurance policy."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. RICE proposed the following Amendment No. 2 (Doc Name COUNCIL\DT\27199BB08), which was adopted:
Amend the bill, as and if amended, page [4797-1], beginning on line 32, by striking items (2) and (3) of Section 6-1-180(A), and inserting:
/ (2) for emergency medical services; or
(3) for hazardous material clean up. /
Amend the bill further, as and if amended, by deleting /expressly/ as contained in SECTION 1, Section 6-1-180, page [4797-1], lines 29, 34, and 39, and page [4797-2], line 3.
Renumber sections to conform.
Amend title to conform.
Rep. RICE explained the amendment.
The amendment was then adopted.
Rep. RICE explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. FUNDERBURK moved to adjourn debate upon the following Bill until Thursday, April 24, which was adopted:
H. 4305 (Word version) -- Rep. Funderburk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 47 SO AS TO CREATE THE "SOUTH CAROLINA EQUINE PROMOTION ACT"; TO PROVIDE CERTAIN DEFINITIONS; TO ESTABLISH A PROMOTION BOARD AND SPECIFY ITS RESPONSIBILITIES, COMPOSITION, AND METHOD OF SELECTING BOARD MEMBERS; TO CREATE THE EQUINE PROMOTION FUND TO PROMOTE THE EQUINE INDUSTRY; TO PROVIDE MONEY FOR THE EQUINE PROMOTION FUND BY IMPOSING AN ASSESSMENT ON CERTAIN COMMERCIAL FEED AND CUSTOM BLENDS; AND TO REQUIRE PERIODIC AUDITS OF THE EQUINE PROMOTION FUND; AMONG OTHER THINGS.
The following Bill was taken up:
H. 4672 (Word version) -- Reps. White and Duncan: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO MOVE FORWARD FROM JULY 1, 2011, TO JULY 1, 2008, THE EXEMPTION ALLOWED FOR CONSTRUCTION MATERIALS USED IN THE CONSTRUCTION OR EXPANSION OF A MANUFACTURING OR DISTRIBUTION FACILITY AND TO REDUCE FROM ONE HUNDRED MILLION TO FIFTY MILLION DOLLARS THE MINIMUM INVESTMENT REQUIRED TO RECEIVE THE EXEMPTION; TO AMEND ACT 384 OF 2006, RELATING TO MISCELLANEOUS REVENUE PROVISIONS, SO AS TO CONFORM A PHASE-IN PROVISION FOR THE CONSTRUCTION MATERIALS SALES TAX EXEMPTION AMENDMENT IN THIS ACT; AND TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO THE CLASSIFICATION OF PROPERTY AND APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF THE PROPERTY TAX, SO AS TO REVISE THE DEFINITION OF MANUFACTURING PROPERTY WITH RESPECT TO WAREHOUSING AND DISTRIBUTION FACILITIES OWNED OR LEASED BY A MANUFACTURER.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10535HTC08):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. A. Section 12-36-2120(67) of the 1976 Code, as amended by Act 116 of 2007, is further amended to read:
"(67)(a) effective July 1, 2011 2008, construction materials used in the construction of a new or expanded single manufacturing or distribution facility, or one that serves both purposes, with a capital investment of at least one hundred fifty million in real and personal property at a single site in the State over an eighteen-month period. The taxpayer must provide notice of the exemption, and the Department of Revenue may assess taxes owing in the manner provided in Section 12-36-2120(51); and
(b) effective July 1, 2008, construction materials used in the construction of a new or expanded office facility meeting the
"B. Notwithstanding the sales and use rates imposed pursuant to Chapter 36, Title 12 of the 1976 Code, the rate of tax imposed pursuant to that chapter on the gross proceeds of qualifying construction materials used in the construction of a single manufacturing and distribution facility, created by this act, is four percent for sales from July 1, 2007, through June 30, 2008, three percent for such sales from July 1, 2008, through June 30, 2009, two percent for such sales from July 1, 2009, through June 30, 2010, and one percent for such sales from July 1, 2010, through June 30, 2011."
SECTION 2. Section 12-6-3310 of the 1976 Code, as last amended by Act 69 of 2003, is further amended by adding a new subsection at the end to read:
"(C) A limited liability company not organized as a legal entity which is a taxpayer, a corporation, or other form of business entity expressly specified as qualifying for the credits allowed pursuant to this article nevertheless qualifies for such credits in a manner consistent with Section 12-2-25 as follows:
(1) Limited liability companies taxed for South Carolina income tax purposes as partnerships shall apply the credits as provided in subsection (B). If a member is an individual, the limited liability company may earn and pass through any credits allowed by this article to be applied against income tax imposed pursuant to Section 12-6-510. If a member is a corporation, the limited liability company may earn
(2) Limited liability companies taxed for South Carolina income tax purposes as corporations are entitled to all credits otherwise applicable to corporations.
(3) With respect to single members of limited liability companies which are not regarded as a separate entity from its owner, members who are individuals may claim any credits allowed by this article to be applied against income tax imposed pursuant to Section 12-6-510 and members which are corporations may claim any credits allowed by this article to be applied against income tax imposed pursuant to Section 12-6-530.
(4) For limited liability companies owned by limited liability companies or other pass through entities described in subsection (B), subsections (1) through (3) are applied at each successive stage of ownership until the credit is applied against the tax imposed pursuant to either Section 12-6-510 or Section 12-6-530, as applicable.
SECTION 3. A. Section 12-6-3410(D)(2) of the 1976 Code is amended to read:
"(2) The establishment, expansion, or addition of a corporate headquarters or research and development facility must result in:
(a) the creation of at least seventy-five new full-time jobs performing either:
(i)(a) headquarters related functions and services; or
(ii)(b) research and development related functions and services.
The seventy-five required jobs must have an average cash compensation level of more than one and one-half times twice the per capita income of this State based on the most recent per capita income data available as of the end of the taxpayer's taxable year in which the jobs are filled; and
(b) an average South Carolina employee cash compensation level for all employees in this State of more than twice the per capita income in the State based on the most recent per capita income data available as of the end of the taxpayer's taxable year in which the jobs are filled."
B. Section 12-6-3410(J) of the 1976 Code, as amended by Act 384 of 2006, is further amended by deleting item (9) which reads:
"(9) 'corporation', 'corporate', 'company', and 'taxpayer' for purposes of this section also include a limited liability company which is subject to regulation under the Federal Power Act (16 U.S.C. Section 791(a)) and which is formed to operate or to take functional control of
"(E)(1) An 'S' corporation, limited liability company, or partnership that qualifies for the credit pursuant to this section may pass through the credit earned to each shareholder of the 'S' corporation, member of the limited liability company, or partner of the partnership.
(2) The amount of the credit allowed a shareholder, member, or partner pursuant to this section is equal to the shareholder's percentage of stock ownership, the member's interest in the limited liability company, or the partner's interest in the partnership for the taxable year, multiplied by the amount of the credit earned by the entity. Credit earned by an 'S' corporation owing corporate level income tax must be used first at the entity level. Only the remaining credit passes through to the shareholders of the 'S' corporation.
(3) For purposes of this subsection, 'limited liability company' means a limited liability company taxed like a partnership."
SECTION 5. Section 12-10-30 of the 1976 Code, as last amended by Act 89 of 2001, is further amended by adding a new item at the end to read:
"(18) 'Significant business' means a qualifying business making a significant capital investment as defined in Section 12-44-30(7)."
SECTION 6. Section 12-10-80(D)(2), as last amended by Act 386 of 2006, is further amended to read:
"(2) The amount that may be claimed as a job development credit by a qualifying business is limited by this subsection and by the revitalization agreement. The council may approve a waiver of ninety-five percent of the limits provided in item (1) for a qualifying
(a) a significant business; and
(b) a related person to a significant business if the related person is located at the project site of the significant business and qualifies for job development credits pursuant to this chapter.
For purposes of this item, a related person includes any entity or person that bears a relationship to a significant business as provided in Internal Revenue Code Section 267 and includes, without limitation, a limited liability company of which more than fifty percent of the capital interest or profits is owned directly or indirectly by a significant business or by a person or entity, or group of persons or entities which owns, more than fifty percent of the capital interest or profits in the significant business."
SECTION 7. Section 12-44-30(7) of the 1976 Code, as last amended by Act 116 of 2007, is further amended by adding a new paragraph at the end to read:
"For purposes of this item, if a single sponsor enters into a financing arrangement of the type described in Section 12-44-120(B), the investment in or financing of the property by a developer, lessor, financing entity, or other third party in accordance with this arrangement is considered investment by the sponsor. Investment by a related person to the sponsor, as described in Section 12-10-80(D)(2), is considered investment by the sponsor."
SECTION 8. Section 4-29-67(D)(4)(a) of the 1976 Code, as last amended by Act 116 of 2007, is further amended by adding a new paragraph at the end to read:
"For purposes of this item, if a single sponsor enters into a financing arrangement of the type described in Section 4-29-67(O)(2), the investment in or financing of the property by a developer, lessor, financing entity, or other third party in accordance with this arrangement is considered investment by the sponsor. Investment by a related person to the sponsor, as described in Section 12-10-80(D)(2), is considered investment by the sponsor."
SECTION 9. Section 4-12-30(D)(4)(a) of the 1976 Code, as last amended by Act 116 of 2007, is further amended by adding a new paragraph at the end to read:
"For purposes of this item, if a single sponsor enters into a financing arrangement of the type described in Section 4-12-30(M)(2), the investment in or financing of the property by a developer, lessor, financing entity, or other third party in accordance with this
"(f) employee relocation expenses associated with new or expanded qualifying service-related facilities as defined in Section 12-6-3360(M)(13) or new or expanded technology intensive facilities as defined in Section 12-6-3360(M)(14) or relocation expenses associated with new national, regional, or global corporate headquarters as defined in Section 12-6-3410(J)(1)(a) that qualify for the enhanced corporate income tax credit pursuant to Section 12-6-3410(D) or relocation expenses associated with an expanded research and development facility to include personnel and laboratory research and development equipment;"
2. Section 12-10-80 of the 1976 Code, as last amended by Act 384 of 2006, is amended by adding an appropriately lettered subsection at the end to read:
"( ) Where the qualifying business that creates new jobs under this section is a qualifying service-related facility as defined in Section 12-6-3360(M)(13), the determination of the number of jobs created must be based on the total number of new jobs created within five years of the effective date of the revitalization agreement, without regard to monthly or other averaging."
B. Section 12-20-105(B)-(D) of the 1976 Code, as last amended by Act 116 of 2007, is further amended to read:
"(B)(1) To be considered an eligible project for purposes of this section, the project must qualify for income tax credits under Chapter 6, Title 12, withholding tax credit under Chapter 10, Title 12, income tax credits under Chapter 14, Title 12, or fees in lieu of property taxes under either Chapter 12, Title 4, Chapter 29, Title 4, or Chapter 44, Title 12.
(2) If a project consists of an office, business, commercial, or industrial park, or combination of these, used exclusively for economic development which is owned or constructed by a county or political subdivision of this State when the qualifying improvements are paid for, the project does not have to meet the qualifications of item (1) to be considered an eligible project. As provided in subsection (C)(4), the county or political subdivision may sell all or a portion of the business or industrial park.
(C) For the purpose of this section, 'infrastructure' means improvements for water, wastewater, hydrogen fuel, sewer, gas, steam, electric energy, and communication services made to a building or land that are considered necessary, suitable, or useful to an eligible project. These improvements include, but are not limited to:
(1) improvements to both public or private water and sewer systems;
(2) improvements to both public or private electric, natural gas, and telecommunications systems including, but not limited to, ones owned or leased by an electric cooperative, electric utility, or electric supplier, as defined in Chapter 27, Title 58;
(3) fixed transportation facilities including highway, road, rail, water, and air;
(4) for a qualifying project under subsection (B)(2), infrastructure improvements include industrial shell buildings and the purchase of land for an office, business, commercial, or industrial park, or combination of these, used exclusively for economic development which is owned or constructed by a county or political subdivision of this State. Nothing in this section shall prohibit the The county or political subdivision from selling may sell the industrial shell building or industrial all or a portion of the park at any time after the company has paid in cash to provide the infrastructure for an eligible project.; and
(5) for a qualifying project pursuant to subsection (B)(2), infrastructure improvements also include due diligence expenditures relating to environmental conditions made by a county or political subdivision after it has acquired contractual rights to an industrial park. Due diligence expenditures include such items as Phase I and II studies and environmental or archeological studies required by state or federal statutes or guidelines or similar lender requirements. Contractual rights include options to purchase real property or other similar contractual rights acquired before the county or political subdivision files a deed to the property with the Register of Mesne Conveyances.
(D) A company is not allowed the credit provided by this section for actual expenses it incurs in the construction and operation of any building or infrastructure it owns, leases, manages, or operates.
(E) The maximum aggregate credit that may be claimed in any tax year by a single company is three five hundred thousand dollars."
C. Section 12-44-30(16) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"(16) 'Project' means land, buildings, and other improvements on the land, including water, sewage treatment and disposal facilities, air pollution control facilities, and all other machinery, apparatus, equipment, office facilities, and furnishings which are considered necessary, suitable, or useful by a sponsor. 'Project' also may consist of or include aircraft hangered or utilizing an airport in a county so long as the county expressly consents to its inclusion. Aircraft previously subject to taxation in South Carolina qualify pursuant to this provision."
D. Section 12-44-120(D) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"(D) A sponsor may transfer a fee agreement, or substantially all the economic development property to which the fee agreement relates, if it obtains the prior approval, or subsequent ratification, of the county with which it entered into the fee agreement. The county's prior approval or subsequent ratification may be evidenced by any one of the following, in the absolute and sole discretion of the county providing the approval or ratification: (i) a letter or other writing executed by an authorized county representative as designated in the respective fee agreement; (ii) a resolution passed by the county council; or (iii) an ordinance passed by the county council following three readings and a public hearing. That approval is not required in connection with transfers to sponsor affiliates or other financing-related transfers."
E. Section 4-12-10(2) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"(2) 'Project' means land, buildings and other improvements on the land including water, sewage treatment and disposal facilities, air pollution control facilities, and all other machinery, apparatus, equipment, office facilities, and furnishings which are considered necessary, suitable, or useful by a sponsor. 'Project' also may consist of or include aircraft hangered or utilizing an airport in a county so long as the county expressly consents to its inclusion. Aircraft previously subject to taxation in South Carolina qualify pursuant to this provision."
F. Section 4-12-30(M)(4) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"(4) A sponsor may transfer an inducement agreement, millage rate agreement, lease agreement, or the assets subject to the lease agreement, if it obtains the prior approval, or subsequent ratification, of the county with whom it entered into the original inducement agreement, millage rate agreement, or lease agreement. The county's
"(c) 'Project' means land, buildings and other improvements on the land including water, sewage treatment and disposal facilities, air pollution control facilities, and all other machinery apparatus, equipment, office facilities, and furnishings which are considered necessary, suitable, or useful by a sponsor. 'Project' also may consist of or include aircraft hangered or utilizing an airport in a county so long as the county expressly consents to its inclusion. Aircraft previously subject to taxation in South Carolina qualify pursuant to this provision.
(4) A sponsor may transfer an inducement agreement, millage rate agreement, lease agreement, or the assets subject to the lease agreement, if it obtains the prior approval, or subsequent ratification, of the county with which it entered into the original agreement. The county's prior approval or subsequent ratification may be evidenced by any one of the following, in the absolute and sole discretion of the county providing the approval or ratification: (i) a letter or other writing executed by an authorized county representative as designated in the respective inducement, millage rate, or lease agreement; (ii) a resolution passed by the county council; or (iii) an ordinance passed by the county council following three readings and a public hearing. That approval is not required in connection with transfers to sponsor affiliates or other financing-related transfers."
H. This section takes effect upon approval of this act by the Governor and applies for property tax years beginning after 2007.
SECTION 11. Section 12-43-220(a) of the 1976 Code is amended to read:
"(a)(1) All real and personal property owned by or leased to manufacturers and utilities and used by the manufacturer or utility in the conduct of the business must be taxed on an assessment equal to ten and one-half percent of the fair market value of the property.
(2) Real property owned by or leased to a manufacturer and used primarily for research and development is not considered used by a manufacturer in the conduct of the business of the manufacturer for purposes of classification of property under pursuant to this item (a) of this section. The term 'research and development' means basic and applied research in the sciences and engineering and the design and development of prototypes and processes.
(3) Real property owned by or leased to a manufacturer and used primarily as an office building is not considered used by a manufacturer in the conduct of the business of the manufacturer for purposes of classification of property under pursuant to this item (a) of this section if the office building is not located on the premises of or contiguous to the plant site of the manufacturer.
(4) Real property owned by or leased to a manufacturer and used primarily for warehousing and wholesale distribution of clothing and wearing apparel is not considered used by a manufacturer in the conduct of the business of the manufacturer for purposes of classification of property under pursuant to this item (a) of this section if the property is not located on the premises of or contiguous to the manufacturing site of the manufacturer."
SECTION 12. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 13. Except where otherwise stated, this act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. RICE explained the amendment.
Reps. COBB-HUNTER, KNIGHT, BALES, ALEXANDER, CRAWFORD, WITHERSPOON, MACK, MAHAFFEY, F. N. SMITH, HART, AGNEW, UMPHLETT and RUTHERFORD requested debate on the Bill.
Rep. WALKER moved to adjourn debate upon the following Bill until Thursday, April 24, which was adopted:
H. 4980 (Word version) -- Reps. Herbkersman, Merrill, E. H. Pitts, Cato, Bedingfield, Haskins, Walker, D. C. Smith, J. R. Smith, Barfield, Crawford, Davenport, Lowe, Rice, Simrill, G. R. Smith, Young and Edge: A BILL TO AMEND SECTION 59-40-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPROVAL, RENEWAL, REVOCATION, AND TERMINATION OF CHARTERS FOR CHARTER SCHOOLS, SO AS TO INCREASE THE CHARTER PERIOD FROM FIVE TO TEN YEARS.
The following Bill was taken up:
H. 4697 (Word version) -- Reps. Walker and Whipper: A BILL TO AMEND SECTION 56-1-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF A DRIVER'S LICENSE AND PERSONAL IDENTIFICATION CARD, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO DISPLAY OR POSSESS A COUNTERFEIT DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CARD; AND TO AMEND SECTION 56-1-515, RELATING TO THE UNLAWFUL ALTERATION AND USE OF A DRIVER'S LICENSE AND PERSONAL IDENTIFICATION CARD, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO PRODUCE OR POSSESS A COUNTERFEIT DRIVER'S LICENSE OR IDENTIFICATION CARD.
Rep. CRAWFORD proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\19231MM08):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. A. Article 1, Chapter 13, Title 16 of the 1976 Code is amended by adding:
"Section 16-13-445. Except as provided in Section 16-13-452, it is unlawful for a person to possess in this State a falsified federally-issued identification card including, but not limited to, a social security card or work permit. A person who violates the provisions of this section is guilty of a misdemeanor and, upon
Section 16-13-452. The provisions of Sections 16-13-450, and 16-13-451, and 16-13-445 do not prohibit apply to any lawfully authorized investigative, protective, or intelligence activity of a law enforcement or intelligence agency of the United States, a state, or a political subdivision of a state."
C. The repeal or amendment by this section of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this section, all laws repealed or amended by this section must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this section, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws. /
Renumber sections to conform.
Amend title to conform.
Rep. CRAWFORD explained the amendment.
Reps. RUTHERFORD, SELLERS, G. M. SMITH, OTT, HART, KNIGHT, WALKER, CRAWFORD, JEFFERSON, WEEKS, BRANTLEY, LEACH, LIMEHOUSE, SCARBOROUGH, STAVRINAKIS, ALLEN and MITCHELL requested debate on the Bill.
On motion of Rep. STAVRINAKIS, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
H. 4750 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 37-11-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCIPLINARY PROCEDURES FOR THOSE WHO MANAGE CONTINUING CARE FACILITIES, SO AS TO DELETE OBSOLETE PROVISIONS, PROVIDE GROUNDS FOR WHICH DISCIPLINARY ACTION MAY BE TAKEN, REQUIRE
On motion of Rep. LOWE, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs:
H. 4766 (Word version) -- Reps. Lowe, Merrill, Crawford, Ballentine, Cobb-Hunter, Hagood, Harrell, Limehouse, E. H. Pitts, Scarborough, Spires, Young and Brady: A BILL TO AMEND SECTION 48-52-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENERGY CONSERVATION PLANS FOR STATE AGENCIES, SO AS TO PROVIDE SPECIFIC ENERGY CONSUMPTION REDUCTION GOALS AND REPORTING REQUIREMENTS, TO PROVIDE AN EXEMPTION FROM ANNUAL REPORTING REQUIREMENTS FOR AN AGENCY IMPLEMENTING ALL AVAILABLE, COST-EFFECTIVE ENERGY CONSERVATION MEASURES, AND TO DEFINE THE TERM "ENERGY CONSUMPTION"; TO AMEND SECTION 48-52-640, RELATING TO PURCHASE OF ENERGY CONSERVATION PRODUCTS BY A STATE AGENCY, SO AS TO PROVIDE THAT THE STATE ENERGY OFFICE MAY CERTIFY FOR PROCUREMENT ONLY A PRODUCT THAT MEETS OR EXCEEDS FEDERAL ENERGY STAR STANDARDS, AND TO REQUIRE REPLACEMENT OF AN INCANDESCENT LIGHT
Rep. HART asked unanimous consent to recall H. 3412 (Word version) from the Committee on Ways and Means.
Rep. G. M. SMITH objected.
Rep. HART asked unanimous consent to recall H. 3184 (Word version) from the Committee on Invitations and Memorial Resolutions.
Rep. EDGE objected.
Rep. SCOTT asked unanimous consent to recall H. 4459 (Word version) from the Committee on Education and Public Works.
Rep. EDGE objected.
Rep. SELLERS asked unanimous consent to recall H. 3824 (Word version) from the Committee on Judiciary.
Rep. COTTY objected.
Rep. TALLEY asked unanimous consent to recall H. 4919 (Word version) from the Committee on Judiciary.
Rep. SCOTT objected.
On motion of Rep. E. H. PITTS, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
S. 880 (Word version) -- Senators Campsen, Knotts, Fair and Scott: A BILL TO AMEND SECTION 56-1-2110 OF THE 1976 CODE, RELATING TO DISQUALIFICATION FROM DRIVING A COMMERCIAL MOTOR VEHICLE, TO PROVIDE THAT A PERSON WITH A VERIFIED POSITIVE DRUG TEST OR ALCOHOL CONFIRMATION TEST IS DISQUALIFIED FROM DRIVING A COMMERCIAL MOTOR VEHICLE UNTIL THE PERSON SUCCESSFULLY COMPLETES AN ALCOHOL OR DRUG
Rep. SELLERS moved that the House do now adjourn, which was agreed to.
At 1:18 p.m. the House, in accordance with the motion of Rep. SCOTT, adjourned in memory of Billy Wayne Bales of Hopkins, brother of Representative Bales, to meet at 10:00 a.m. tomorrow.
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