South Carolina General Assembly
114th Session, 2001-2002
Journal of the House of Representatives

Thursday, June 21, 2001
(Statewide Session)

JOURNAL

OF THE

HOUSE OF REPRESENTATIVES

OF THE

FIRST SESSION OF THE

114TH GENERAL ASSEMBLY

OF THE

STATE OF SOUTH CAROLINA

BEING THE

EXTRA SESSION BEGINNING

WEDNESDAY, JUNE 20, 2001

________

THURSDAY, JUNE 21, 2001

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rep. PHILLIPS as follows:

We thank You, Heavenly Father, for another day in which we are given the opportunity of service to You and our fellow beings. In this service, we desire Your Divine approval above all else. Make us to find in You a strong foundation that storms cannot shake, a deep well that droughts cannot exhaust, a citadel of strength that no foe can invade. And as we face decisions weighted with the destiny of many, unite our hearts and minds in a mighty purpose of achieving the best and noblest as measured by the standards of God. And we ask that you watch over us, keeping us safe as we go forth to do Your will. To You, Lord, we give our praise and thanks. 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.

MOTION ADOPTED

Rep. KNOTTS moved that when the House adjourns, it adjourn in memory of Master Sergeant Harold Gray Sasser, brother-in-law of Representative Knotts, which was agreed to.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 2623
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 44-32-10
Standards for Permitting Body Piercing
Received by Speaker of the House of Representatives
June 21, 2001
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration May 7, 2002

INTRODUCTION OF BILLS

The following Bill and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 4303 (Word version) -- Rep. Talley: A BILL TO AMEND SECTION 39-15-1110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS WHICH PRECLUDE THE REGISTRATION OF CERTAIN DISTINGUISHING MARKS FOR GOODS OR SERVICES, SO AS TO PROVIDE THAT CERTAIN MARKS OR TRADE NAMES PREVIOUSLY USED BY ANOTHER IN THIS STATE MAY NOT BE REGISTERED.
Referred to Committee on Judiciary

H. 4304 (Word version) -- Reps. Talley and Allison: A JOINT RESOLUTION TO DESIGNATE THE WEEK OF FEBRUARY 11-15, 2002, AS "SOUTH CAROLINA CAREER AND TECHNOLOGY EDUCATION WEEK".
On motion of Rep. TALLEY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

HOUSE RESOLUTION

The following was introduced:

H. 4305 (Word version) -- Rep. Bowers: A HOUSE RESOLUTION TO CONGRATULATE DR. CHERYL GRANT OF WALTERBORO UPON THE OCCASION OF HER GRADUATION FROM THE MEDICAL UNIVERSITY OF SOUTH CAROLINA ON MAY 18, 2001, WITH A DOCTOR OF MEDICINE DEGREE AND TO WISH HER EVERY SUCCESS IN HER FUTURE YEARS AND IN THE PRACTICE OF MEDICINE.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4306 (Word version) -- Reps. J. E. Smith and Lourie: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE GENEROSITY OF MR. FRANCOIS FISERA OF COLUMBIA IN LENDING HIS UNMATCHABLE CULINARY GIFTS TO NUMEROUS MIDLANDS AND SOUTH CAROLINA CHARITABLE CAUSES AND HIS TIRELESS PROMOTION OF SOUTH CAROLINA.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 4307 (Word version) -- Reps. J. E. Smith and Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND DR. JOSEPH FISERA OF PARIS, FRANCE, FOR HIS BRAVERY AND COURAGEOUS VOLUNTEER SERVICE DURING WORLD WAR II AS A MEMBER OF THE FRENCH UNDERGROUND AND FOR HIS HEROIC EFFORTS AND TIRELESS WORK IN THE FACE OF OVERWHELMING ADVERSITY THAT SAVED THE LIVES OF HUNDREDS OF JEWISH MEN, WOMEN, AND CHILDREN FROM THE NAZI HOLOCAUST AND "DEATH CAMPS" AT THE RISK OF HIS OWN LIFE.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Allen                  Allison                Altman
Bales                  Barfield               Barrett
Battle                 Bingham                Bowers
Breeland               Brown, J.              Brown, R.
Campsen                Cato                   Chellis
Clyburn                Cobb-Hunter            Coleman
Cooper                 Dantzler               Delleney
Easterday              Edge                   Emory
Freeman                Frye                   Gilham
Gourdine               Hamilton               Harrell
Harrison               Hayes                  Hines, J.
Hines, M.              Hinson                 Hosey
Keegan                 Kelley                 Kirsh
Knotts                 Koon                   Law
Leach                  Lee                    Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Martin
McCraw                 McGee                  McLeod
Meacham-Richardson     Merrill                Miller
Neal, J.H.             Neal, J.M.             Ott
Owens                  Parks                  Perry
Phillips               Quinn                  Rhoad
Rice                   Riser                  Rivers
Robinson               Rodgers                Sandifer
Scarborough            Scott                  Sharpe
Sheheen                Simrill                Sinclair
Smith, D.C.            Smith, G.M.            Smith, J.E.
Smith, J.R.            Smith, W.D.            Snow
Stuart                 Talley                 Taylor
Thompson               Townsend               Trotter
Vaughn                 Walker                 Webb
Weeks                  Whatley                Whipper
White                  Wilder                 Wilkins
Witherspoon            Young, A.              Young, J.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, June 21.

Bill Cotty                        Douglas Jennings
Bessie Moody-Lawrence             Kenneth Kennedy
Fletcher Smith                    Grady Brown
Daniel Tripp                      Ralph Davenport
Chip Huggins                      Gloria Haskins
Jerry Govan                       Leon Howard
Todd Rutherford                   H.B. "Chip" Limehouse
Marion Carnell                    Harry Stille
Harry Askins                      Ronald Fleming
Alex Harvin
Total Present--121

LEAVE OF ABSENCE

The SPEAKER granted Rep. NEILSON a leave of absence due to a car accident.

LEAVE OF ABSENCE

The SPEAKER granted Rep. COATES a leave of absence for personal reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. KLAUBER a leave of absence to attend annual training at Fort Storey, Virginia on Thursday and Friday and is under military orders during this time.

STATEMENT FOR THE JOURNAL

I have served in the House for seven years now, and in those seven years, I have been present and on time for every day of session, every committee and subcommittee meeting that I have been a part of. I have been here eager and ready to do the peoples' work for the State of South Carolina.

However, because of certain political differences among House and Senate members and the Governor's Office, we have been unable to agree on or reach a budget for the people of South Carolina.

I am, therefore, not ashamed of the service I have rendered in the House for my constituency in House District 88 or the people of South Carolina. I will not relinquish my salary for Special Session, but will use this money in my district to help defray costs of youth-related activities such as ball team cookouts, skating parties for honor roll students, purchasing flags for various organizations and other similar activities. My constituency will realize the benefit of my salary received during Special Session.

Respectfully submitted,

Rep. Jake M. Knotts, Jr.

STATEMENT FOR THE JOURNAL

It is my belief that we could have conducted all of the State's business during the regular session but because of the juvenile differences between the powers to be - we are in special session at a higher rate of pay. Just about every year I have been here (seven in all) we have come back waiving the higher rate of pay. I further believe that the higher rate of pay is to discourage us from having to come back. I will not relinquish my salary for this special session, but will use this money in my district to help defray costs of youth-related activities, such as baseball team outings, purchasing flags for various schools and other public organizations and other similar activities.

Respectfully submitted,

Rep. Mickey Whatley

H. 4022--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration:

H. 4022 (Word version) -- Reps. Martin and McGee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-70 SO AS TO SUSPEND DURING A STATE OF EMERGENCY DECLARED BY THE GOVERNOR AND FOR THIRTY DAYS THEREAFTER THE REGISTRATION, PERMITTING, SIZE, WEIGHT, LOAD, AND TIME OF SERVICE REQUIREMENTS FOR VEHICLES RESPONDING TO THE STATE OF EMERGENCY AND TO PRESCRIBE CERTAIN VEHICULAR AND OPERATIONAL REQUIREMENTS DURING THIS PERIOD.

Rep. TOWNSEND explained the Senate Amendments.

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.

RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:

S. 718 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF PROPERTY TAX ALLOWED CERTAIN DEVELOPMENT PROJECTS, SO AS TO PROVIDE ADDITIONAL TIME FOR THE REQUIRED NEW INVESTMENT THRESHOLDS TO BE MET IN THE CASE OF A BUSINESS ELIGIBLE FOR THE FOUR PERCENT ASSESSMENT RATIO IN THE FEE AGREEMENT.

S. 746--POINT OF ORDER

The following Bill was taken up:

S. 746 (Word version) -- Senators Wilson, Bauer, Courson and Patterson: A BILL TO ESTABLISH SINGLE MEMBER ELECTION DISTRICTS AND ONE AT-LARGE DISTRICT FROM WHICH TRUSTEES OF RICHLAND-LEXINGTON SCHOOL DISTRICT 5 ARE ELECTED.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

S. 511--RECALLED FROM COMMITTEE ON WAYS AND MEANS

On motion of Rep. HARRELL, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:

S. 511 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 43-1-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES COUNTY OFFICE BIENNIAL PERFORMANCE AUDITS, SO AS TO REQUIRE A SUBSTANTIVE QUALITY REVIEW IN EACH COUNTY EVERY FIVE YEARS, TO REQUIRE, AMONG OTHER THINGS, A COUNTY'S PERFORMANCE TO BE ASSESSED USING SPECIFIC OUTCOME MEASURES, AND TO REVISE PARTIES TO WHOM THE REPORT IS TO BE PROVIDED.

OBJECTION TO RECALL

Rep. BALES asked unanimous consent to recall H. 3349 from the Committee on Ways and Means.
Rep. HARRELL objected.

OBJECTION TO RECALL

Rep. BALES asked unanimous consent to recall H. 3351 from the Committee on Ways and Means.
Rep. ALTMAN objected.

OBJECTION TO RECALL

Rep. BALES asked unanimous consent to recall H. 3352 from the Committee on Ways and Means.
Rep. HARRELL objected.

RECURRENCE TO THE MORNING HOUR

Rep. CLYBURN moved that the House recur to the Morning Hour, which was agreed to.

STATEMENT BY REP. KEEGAN

Rep. KEEGAN, with unanimous consent, made a statement relative to the spending plan for the Lottery Bill.

RECURRENCE TO THE MORNING HOUR

Rep. KEEGAN moved that the House recur to the Morning Hour, which was agreed to.

Rep. RODGERS moved that the House recede until 2:30 p.m., which was agreed to.

THE HOUSE RESUMES

At 2:30 p.m. the House resumed, the SPEAKER in the Chair.

ACTING SPEAKER HOSEY IN CHAIR
POINT OF QUORUM

The question of a quorum was raised.
A quorum was later present.

SPEAKER IN CHAIR
HOUSE RESOLUTION

The following was introduced:

H. 4308 (Word version) -- Rep. Lloyd: A HOUSE RESOLUTION TO CONGRATULATE CATHERINE LOUISE BRIGHT BODISON OF WALTERBORO ON HER UPCOMING SEVENTY-FIFTH BIRTHDAY, AND TO COMMEND THIS DISTINGUISHED DAUGHTER OF THE PALMETTO STATE WHOSE LIFE WORK AND ACCOMPLISHMENTS IN THE FIELD OF EDUCATION SPEAK HIGHLY OF HER CHARACTER AND DEDICATION TO THE PEOPLE OF HER COMMUNITY AND OUR STATE.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4309 (Word version) -- Reps. McLeod, Wilder, J. Brown and Walker: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF DR. LAWRENCE F. MCMANUS OF PROSPERITY AND TO EXPRESS THEIR GRATITUDE FOR HIS OUTSTANDING LEADERSHIP, COMMITMENT, AND ADVOCACY IN THE CREATION OF THE GIFT OF LIFE TRUST FUND.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

HOUSE RESOLUTION

The following was introduced:

H. 4310 (Word version) -- Reps. Lourie and J. E. Smith: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF MR. IVAN MILLER OF RICHLAND COUNTY AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.

HOUSE STANDS AT EASE

The House stood at ease, subject to the call of the Chair.

THE HOUSE RESUMES

At 3:15 p.m. the House resumed, the SPEAKER in the Chair.

S. 394--CONFERENCE REPORT ADOPTED
CONFERENCE REPORT
S. 394
The General Assembly, Columbia, S.C., June 20, 2001

The COMMITTEE OF CONFERENCE, to whom was referred:
S. 394 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-135, SO AS TO PROVIDE THAT COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY CASES MUST MAKE CERTAIN DISCLOSURES UPON THEIR APPOINTMENT.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
/ S. 394 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 20-4-160 AND 20-1-375, SO AS TO PROVIDE FOR THE ESTABLISHMENT OF A DOMESTIC VIOLENCE FUND.

SECTION     1.     Chapter 4, Title 20 of the 1976 Code is amended by adding:

"Section 20-4-160.     (A)     There is established the Domestic Violence Fund, a fund separate and distinct from the general fund, in the State Treasury. The fund must be administered by the Department of Social Services and revenues of the fund must be used solely to award grants to domestic violence centers and programs in the State.

(B)     In order for a domestic violence center or program to be eligible to receive funds, it must be a nonprofit corporation and must:

(1)     have been in operation on the preceding July 1, and continue to be in operation; and

(2)     offer the following services:

(a)     a twenty-four hour hotline;

(b)     transportation services;

(c)     community education programs;

(d)     daytime services, including counseling; and

(e)     other criteria as may be established by the department.

(C)     The Domestic Violence Fund must receive its revenue from that portion of marriage license fees provided for in Section 20-1-375 and donations, contributions, bequests, or other gifts made to the fund. Contributions to the fund must not be used to supplant existing funds appropriated to the department for domestic violence programs and grants. Monies in the fund may be carried forward from one fiscal year to the next, and interest earned on monies in the fund must be retained by the fund."

SECTION     2.     Chapter 1, Title 20 of the 1976 Code is amended by adding:

"Section 20-1-375.     In addition to the marriage license fee authorized pursuant to Section 20-1-230, there is imposed an additional twenty dollar fee for each marriage license applied for. This additional fee must be remitted to the State Treasurer and credited to the Domestic Violence Fund established pursuant to Section 20-4-160."

SECTION 3.     This act takes effect upon approval by the Governor. /

Amend title to conform.

/s/Phil P. Leventis               Michael E. Easterday
/s/Robert W. Hayes, Jr.           /s/James E. Smith, Jr.
/s/Larry A. Martin                /s/G. Murrell Smith, Jr.
On Part of the Senate.            On Part of the House.

Rep. EASTERDAY explained the Conference Report.

Rep. J. E. SMITH spoke in favor of the Conference Report.
Rep. EASTERDAY spoke against the Conference Report.
Rep. ALTMAN spoke against the Conference Report.

ACTING SPEAKER CATO IN CHAIR

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

HOUSE STANDS AT EASE

The House stood at ease, subject to the call of the Chair.

THE HOUSE RESUMES

At 4:50 p.m. the House resumed, the SPEAKER in the Chair.

HOUSE STANDS AT EASE

The House stood at ease, subject to the call of the Chair.

THE HOUSE RESUMES

At 5:45 p.m. the House resumed, the SPEAKER PRO TEMPORE in the Chair.

LEAVES OF ABSENCE

The SPEAKER PRO TEMPORE granted Reps. RHOAD, WHIPPER and MCLEOD a leave of absence for the remainder of the day to attend a public hearing in Walterboro on reapportionment.

STATEMENT BY REP. WILKINS

Rep. WILKINS made a statement relative to the status of the Sine Die Adjournment Resolution.

SPEAKER IN CHAIR
S. 559--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration:

S. 559 (Word version) -- Finance Committee: A BILL TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SOUTH CAROLINA SALES TAX ACT, SO AS TO PROVIDE THAT GROSS PROCEEDS OF SALES DO NOT INCLUDE INTEREST, FEES, OR CHARGES IMPOSED ON A CUSTOMER FOR LATE PAYMENT OF A BILL FOR ELECTRICITY OR NATURAL GAS, OR BOTH, WHETHER OR NOT SALES TAX IS REQUIRED TO BE PAID ON THE UNDERLYING BILL.

The question then recurred to concur or nonconcur in the Senate Amendments.

Rep. EASTERDAY demanded the yeas and nays which were taken, resulting as follows:

Yeas 84; Nays 15

Those who voted in the affirmative are:

Allison                Altman                 Bales
Barfield               Battle                 Bingham
Brown, J.              Campsen                Cato
Chellis                Clyburn                Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Emory                  Freeman                Frye
Gilham                 Gourdine               Hamilton
Harrell                Harrison               Haskins
Hines, J.              Hinson                 Huggins
Keegan                 Kelley                 Kirsh
Knotts                 Koon                   Law
Leach                  Lee                    Littlejohn
Loftis                 Lourie                 Lucas
Martin                 McCraw                 McGee
Meacham-Richardson     Merrill                Miller
Moody-Lawrence         Neal, J.M.             Owens
Parks                  Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Scarborough            Sharpe
Sheheen                Simrill                Sinclair
Smith, D.C.            Smith, G.M.            Smith, J.E.
Smith, J.R.            Smith, W.D.            Snow
Stille                 Stuart                 Talley
Taylor                 Thompson               Tripp
Trotter                Vaughn                 Walker
Webb                   Whatley                White
Wilder                 Witherspoon            Young, A.

Total--84

Those who voted in the negative are:

Allen                  Breeland               Cobb-Hunter
Govan                  Hayes                  Hines, M.
Hosey                  Howard                 Jennings
Kennedy                Neal, J.H.             Ott
Rivers                 Smith, F.N.            Weeks

Total--15

So, 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.

RECORD FOR VOTING

I voted in favor of S. 559. My vote did not record properly.

Rep. David Wilkins

STATEMENT FOR THE JOURNAL

I had a meeting that I had to attend. Had I been present I would have voted to concur.

Rep. Gresham Barrett

S. 559--RECONSIDERED, SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

Rep. KNOTTS moved to reconsider the vote whereby the House concurred in the Senate Amendments to the following Bill, which was agreed to:

S. 559 (Word version) -- Finance Committee: A BILL TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SOUTH CAROLINA SALES TAX ACT, SO AS TO PROVIDE THAT GROSS PROCEEDS OF SALES DO NOT INCLUDE INTEREST, FEES, OR CHARGES IMPOSED ON A CUSTOMER FOR LATE PAYMENT OF A BILL FOR ELECTRICITY OR NATURAL GAS, OR BOTH, WHETHER OR NOT SALES TAX IS REQUIRED TO BE PAID ON THE UNDERLYING BILL.

The question then recurred to concur or nonconcur in the Senate Amendments.

Rep. KNOTTS demanded the yeas and nays which were taken, resulting as follows:

Yeas 86; Nays 12

Those who voted in the affirmative are:

Allen                  Allison                Altman
Bales                  Barfield               Battle
Bingham                Brown, J.              Campsen
Cato                   Chellis                Clyburn
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Emory                  Freeman
Frye                   Gilham                 Gourdine
Hamilton               Harrell                Harrison
Haskins                Hines, J.              Hinson
Howard                 Huggins                Keegan
Kelley                 Kirsh                  Knotts
Koon                   Law                    Leach
Lee                    Littlejohn             Loftis
Lucas                  Martin                 McCraw
McGee                  Meacham-Richardson     Merrill
Miller                 Moody-Lawrence         Neal, J.M.
Owens                  Parks                  Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Scarborough
Sharpe                 Sheheen                Simrill
Sinclair               Smith, D.C.            Smith, G.M.
Smith, J.E.            Smith, J.R.            Smith, W.D.
Snow                   Stille                 Stuart
Talley                 Taylor                 Thompson
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
White                  Wilder                 Wilkins
Witherspoon            Young, A.

Total--86

Those who voted in the negative are:

Breeland               Cobb-Hunter            Govan
Hayes                  Hines, M.              Hosey
Jennings               Kennedy                Neal, J.H.
Ott                    Smith, F.N.            Weeks

Total--12

So, 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.

STATEMENT FOR THE JOURNAL

I had a meeting that I had to attend. Had I been present I would have voted to concur.

Rep. Gresham Barrett

H. 3946--RECONSIDERED AND RECOMMITTED

Rep. HARRELL moved to reconsider the vote whereby the Conference Report on the following Bill was adopted, which was agreed to:

H. 3946 (Word version) -- Reps. Cooper, Townsend, White, Thompson, Martin and Stille: A BILL TO AMEND CHAPTER 36 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 SO AS TO PROVIDE THAT THE MEMBERSHIP OF A NONPROFIT CORPORATION ORGANIZED UNDER THE PROVISIONS OF CHAPTER 36 MAY ELECT FOR THE CORPORATION TO BECOME A PUBLIC BODY POLITIC AND CORPORATE.

Rep. COOPER moved to recommit the Conference Report to the Conference Committee, which was agreed to.

H. 3946--CONFERENCE REPORT ADOPTED
CONFERENCE REPORT

H. 3946
The General Assembly, Columbia, S.C., June 19, 2001

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3946 (Word version) -- Reps. Cooper, Townsend, White, Thompson, Martin and Stille: A BILL TO AMEND CHAPTER 36 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 SO AS TO PROVIDE THAT THE MEMBERSHIP OF A NONPROFIT CORPORATION ORGANIZED UNDER THE PROVISIONS OF CHAPTER 36 MAY ELECT FOR THE CORPORATION TO BECOME A PUBLIC BODY POLITIC AND CORPORATE.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/     SECTION     1.     Act 1030 of 1964 was enacted to take advantage of federal funding available through the Farmer's Home Administration Act to provide for the growing need for utility and other services, especially in rural areas. Since that time, the availability of the funding has diminished, and federal and state funding are more often provided from additional sources. The General Assembly finds, under certain conditions, that the not-for-profit corporations organized under Act 1030 of 1964, for the purposes of providing water services, should be granted the right to elect to become public bodies politic and corporate for reasons including, but not limited to, the following:

(1)     the opportunity to receive funding, loans, and grants from other sources such as the State Revolving Fund will be increased or enhanced;

(2)     the right to participate in a joint municipal water system as authorized under Chapter 25, Title 6 of the 1976 Code will be afforded; and

(3)     the cost of borrowing money for infrastructure construction and expansion will be lower and growth demands more economically met.
SECTION     2.     Title 33, Chapter 36 of the 1976 Code is amended by adding:

"Article 8
Election to Become Public Body Politic and Corporate

Section 33-36-1310.     (A)     For the exclusive purposes of participating in a joint municipal water system as authorized under Chapter 25, Title 6, a nonprofit corporation incorporated for the purposes of providing water or water and sewer services, pursuant to the provisions of this chapter may elect, by resolution, to become a public service district, a public body politic and corporate:

(1)     before January 1, 2002, upon a majority vote of its members constituting a quorum present at a duly called and noticed meeting; or

(2)     on and after January 1, 2002, upon a majority vote of fifteen percent of its members present or by proxy at a duly called and noticed meeting.

(B)     Notice of this meeting must be given by regular mail, addressed to the last known address of the member, and mailed not less than ten days prior to the meeting. The secretary of the corporation shall certify the date of mailing. The notice shall state the purpose, time, and place of the meeting.

(C)     Upon a favorable vote, the chief executive officer of the corporation shall petition the Secretary of State to issue a new charter to convert and constitute the nonprofit corporation a public service district, a public body politic and corporate.

Section 33-36-1320.     (A)     The petition shall include:

(1)     the name of the district;

(2)     an attached copy of the resolution adopted, certified by the secretary of the corporation;

(3)     the name of the current board of directors, their terms of office, and expiration dates;

(4)     the desire to become a public body corporate and politic; and

(5)     a word description and an attached map showing the present and existing boundaries of the service area.

(B)     Upon receipt of the petition, the Secretary of State must verify the contents of the petition and their compliance with subsection (A). Upon verification, the Secretary of State must issue a new charter, referencing the petition, and designating the corporation as a public service district, a public body politic and corporate of the State.

Section 33-36-1330.     (A)     The existing board of directors and officers shall serve until the expiration of their present terms. Thereafter, and not less than forty-five days prior to any expiration of the term of a board member, the board of directors shall submit to the county legislative delegation the name or names of a person or persons recommended for appointment or reappointment. A letter of recommendation by the board stating why the name or names are recommended shall accompany the submission. The county legislative delegation shall consider the recommendation of the board but are not limited to make a selection for its own recommendation from among those submitted. Upon recommendation of the county legislative delegation, members of the board must be appointed by the Governor for a term of four years. A vacancy may be filled by the board, if the remaining term is less than two years; if more than two years, then in the usual manner for the unexpired term.

(B)     The governing body of the district, by a resolution adopted by a two-thirds vote of all members of the governing body, may request that board members be elected in a nonpartisan general election. If adopted, a certified copy of the resolution and a map clearly setting out the lines of the boundaries of the district in the county or counties in which the district is situated must be presented to the county election commission prior to August first of a general election held in an even-numbered year for the election to be held at the general election in November of that year. The governing body must be elected from single-member election districts.

(C)     Notice of the election must be published by the governing body of the district at least three times prior to the election, including (i) not less than sixty days prior to the date of the election, (ii) two weeks after the first date of publication, and (iii) a date not more than fifteen and not less than ten days before the date of the election. The notice must appear in a newspaper of general circulation within the district and contain at a minimum the following:

(1)     the full name of the district and its governing body;

(2)     the names, addresses, and telephone numbers of the members of the district's governing body;

(3)     the existing means of appointment of members of the district's governing body;

(4)     a brief description of the governmental services provided by the district;

(5)     a map showing generally the boundaries of the district;

(6)     a list of precincts and polling places in which ballots may be cast; and

(7)     an explanation of the procedure to be followed for election of members of the district's governing body and state.

Section 33-36-1340.     (A)     On the first Tuesday following the first Monday in November in the year immediately following the year of the resolution, the voters shall elect commissioners for all seats on the district's governing body. Candidates must file a statement of intention of candidacy with the entity charged by law with conducting the election. Except for the initial election of commissioners as provided in subsection (B), all commissioners must be elected on an at-large basis for terms of four years with terms staggered so that a simple majority of the commissioners are elected in the next ensuing general election year, and the remaining commissioners are elected at the next following general election. The terms of office of commissioners whose seats are subject to contest in general election shall expire fourteen days following the general election.

(B)     For the initial election of commissioners, all seats are considered vacant. From among the commissioners elected in the initial election, a simple majority thereof shall serve terms which expire fourteen days following the general election held two years after the initial election. Those commissioners entitled to serve the initial four-year terms are those commissioners equal in number to a simple majority of the membership who received the highest number of votes cast in the initial election. The remaining commissioners shall serve terms which expire fourteen days following the general election held the year following the initial election.

(C)     The county election commission is charged with conducting and supervising the elections for commissioners in the manner governed by the election laws of this State, mutatis mutandis. Vacancies must be filled in the manner provided in Section 7-13-190.

Section 33-36-1350.     The board shall annually elect its officers, a chairperson, vice chairperson, and a secretary and treasurer. The latter two offices may be combined.

Section 33-36-1360.     (A)     The newly converted district has all rights and powers of a public body politic and corporate of this State including, without limitations, all the rights and powers necessary or convenient to carry out and effectuate its purposes including, but not limited to, the following rights and powers to:

(1)     have perpetual succession;

(2)     sue and be sued and appear and defend in all actions and proceedings in its corporate name to the same extent as a natural person;

(3)     adopt, use, and alter a corporate seal;

(4)     maintain a principal office;

(5)     adopt, change, amend, and repeal bylaws for the management and regulation of its affairs;

(6)     receive, administer, and comply with the conditions and requirements respecting any gift, grant, or donation of any property or money;

(7)     purchase, build, construct, maintain, rent, lease, and operate ditches, tunnels, culverts, flumes, conduits, mains, pipes, trunk and collection lines, dykes, dams, reservoirs, water and wastewater treatment facilities, and any adjunct facility or facilities for the impounding, treatment, production, transmission, distribution, operation, service in connection with the sale of water or supply of sewer service;

(8)     acquire and operate any type of machinery, appliances, or appurtenances necessary or useful in constructing, operating, and maintaining the system;

(9)     enter into contracts of short or long duration;

(10)     prescribe rate charges for its services and enact regulations;

(11)     make contracts of all kinds and execute all instruments or documents necessary or convenient to carry out the business of the district;

(12)     sell, lease, exchange, transfer, or otherwise dispose of or grant option for any purpose with respect to any real or personal property or interest in them in conformity with state law;

(13)     acquire by purchase, lease, gift, or otherwise, or obtain options for the acquisition of any property, real or personal, improved or unimproved, including an interest in land less than the fee in conformity with state law;

(14)     incur liabilities, lend and borrow money, issue bonds or notes of the district, secure its obligations by mortgage, and pledge or assign any money, rents, charges, or other revenues and any proceeds derived by the district from the sales of property, insurance, or condemnation awards;

(15)     acquire, enjoy, utilize, and dispose of patents, copyrights, and trademarks and licenses and other rights or interests in them;

(16)     authorize the construction, operation, maintenance of any project by any person, firm, or corporation, including political subdivisions and agencies of any state of the United States;

(17)     apply to the appropriate agencies of the State, the United States or any state, and to any other proper agency for and obtain from them permits, licenses, certificates, or approvals as may be necessary; and construct, maintain, and operate the project in accordance with such license, permits, certificates, or approvals;

(18)     appoint officers, agents, employees, and servants to prescribe the duties of such, to fix their compensation, and to determine if and to what extent they must be bonded for the faithful performance of their duties;

(19)     employ engineers, architects, attorneys, appraisers, financial advisors, and other consultants and employers as may be required in the judgment of the district and fix and pay their compensation from funds available to the joint system, if applicable;

(20)     engage in the business of supplying water, water distribution, or sewage collection or treatment; and

(21)     exercise, in connection with water or sewage disposal business, the power of eminent domain as prescribed in Section 6-13-50(19).

(B)     The rates charged for services furnished for the purpose of providing water supply or sewage disposal, or a combination of these services, is not subject to supervision or regulations by any state bureau, board, commission, or like instrumentality or agency of it.

Section 33-36-1370.     Districts converted pursuant to this article shall assume all assets, properties, and liabilities of the antecedent nonprofit corporation."

SECTION     3.     Section 6-25-20(h) of the 1976 Code is amended to read:

"(h) 'Member of a joint system' means those municipalities whose governing bodies have agreed (1) to create a joint municipal water system to undertake the impounding, acquisition, treatment, production, transmission, distribution, service, and sale of water to a municipality which is a member of the system and other municipalities, and persons which are not members when approved by the governing body of each member or (2) to create a joint municipal water system for the purpose of creating a financing pool. A joint municipal water system created for the purpose of creating a financing pool may have as nonvoting members not-for-profit nonprofit corporations created pursuant to Chapter 35 36 of Title 33; however, a nonprofit corporation which has become a public service district pursuant to Article 8 of Chapter 36 of Title 33 is a voting member."

SECTION     4.     Section 12-36-2120(12) of the 1976 Code, as amended by Act 404 of 2000, is further amended to read:

"(12)     water sold by public utilities, if rates and charges are of the kind determined by the Public Service Commission, or water sold by nonprofit corporations organized pursuant to Chapter 36 of Title 33, or water sold by a public body established pursuant to Article 8, Chapter 36 of Title 33;"

SECTION     5.     A.     Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:

"( )     effective July 1, 2006, food items eligible for purchase with United States Department of Agriculture food coupons. The exemption allowed by this item does not extend to a local sales and use tax imposed pursuant to a referendum held before July 1, 2001, except where a local sales and use tax specifically exempts these items. The exemption allowed by this item applies to a local sales and use tax imposed pursuant to a referendum held after June 30, 2001. An amount of general fund revenue not derived from the state sales and use tax equal to the amount of state sales and use tax revenue not collected because of the exemption allowed by this item is deemed state sales and use tax revenue and must be used as provided in Section 59-21-1010(A) and (B), including the appropriate amount required to be credited to the Education Act Improvement Fund;"

B.     Notwithstanding the rates of tax 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 sales, or the sale price of food items eligible for purchase with United States Department of Agriculture food coupons, is four percent for sales from July 1, 2001, through June 30, 2003, three percent for such sales from July 1, 2003, through June 30, 2004, two percent for such sales from July 1, 2004, through June 30, 2005, and one percent for such sales from July 1, 2005, through June 30, 2006. An amount of general fund revenue not derived from the state sales and use tax equal to the state sales and use tax not collected because of the reduced state sales tax rate allowed by this section is deemed state sales and use tax revenue and must be used as provided in Section 59-21-1010(A) and (B) of the 1976 Code, including whatever amount is necessary to be credited to the Education Act Improvement Fund so that the total in that fund is not reduced by the reduced rates allowed by this section. Except where otherwise exempt, the local sales and use taxes authorized by law continue to apply to those sales subject to the reduced state rate of tax provided in this section, but such a tax imposed pursuant to a referendum held after June 30, 2001, does not apply to those sales subject to the reduced state rate of tax provided in this section.

C.     Notwithstanding the general effective date of this act, this section takes effect July 1, 2001.

SECTION     6.     This act takes effect upon approval by the Governor./

Amend title to read:

/ TO AMEND CHAPTER 36 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 SO AS TO PROVIDE THAT THE MEMBERSHIP OF A NONPROFIT CORPORATION ORGANIZED UNDER THE PROVISIONS OF CHAPTER 36 MAY ELECT FOR THE CORPORATION TO BECOME A PUBLIC BODY POLITIC AND CORPORATE, TO AMEND SECTION 6-25-20, AS AMENDED, RELATING TO JOINT MUNICIPAL WATER SYSTEMS, SO AS TO INCLUDE AS A VOTING MEMBER A NONPROFIT CORPORATION WHICH HAS BECOME A PUBLIC SERVICE DISTRICT PURSUANT TO ARTICLE 8, CHAPTER 36 OF TITLE 33 AS ADDED BY THIS ACT; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT GROSS PROCEEDS OF SALES OF WATER SOLD BY A PUBLIC BODY ESTABLISHED PURSUANT TO ARTICLE 8, CHAPTER 36 OF TITLE 33 AS ADDED BY THIS ACT, AND TO EXEMPT, EFFECTIVE JULY 1, 2006, THE GROSS PROCEEDS OF SALES OF FOOD ITEMS ELIGIBLE FOR PURCHASE WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, PROVIDE FOR PHASING DOWN THE RATE OF THE SALES TAX ON THESE ITEMS IN INCREMENTS OF ONE PERCENT, PROVIDE FOR THE APPLICATION OF THIS EXEMPTION TO LOCAL SALES AND USE TAXES AND PROVIDE GENERAL FUND ACCOUNTING CHANGES TO HOLD HARMLESS STATE REVENUES FOR PUBLIC EDUCATION. /

/s/Robert L. Waldrep              /s/Robert W. Harrell, Jr.
William H. O'Dell                 /s/Daniel T. Cooper
/s/Thomas C. Alexander            /s/Annette D. Young
On Part of the Senate.            On Part of the House.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

H. 3687--CONFERENCE REPORT ADOPTED
CONFERENCE REPORT
H. 3687
The General Assembly, Columbia, S.C., June 14, 2001

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3687 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING, JULY 1, 2001; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

Amend title to conform.

/s/Hugh K. Leatherman             /s/Robert W. Harrell, Jr.
/s/Harvey S. Peeler               /s/Annette D. Young
Nikki G. Setzler                  /s/Alfred B. Robinson, Jr.
On Part of the Senate.            On Part of the House.

Rep. HARRELL explained the Conference Report.

The question then recurred to the adoption of the Conference Report.

Rep. HARRELL demanded the yeas and nays which were taken, resulting as follows:

Yeas 90; Nays 10

Those who voted in the affirmative are:

Allen                  Allison                Altman
Bales                  Barfield               Battle
Bingham                Brown, J.              Campsen
Cato                   Chellis                Clyburn
Cobb-Hunter            Cooper                 Cotty
Dantzler               Delleney               Edge
Emory                  Freeman                Frye
Gilham                 Gourdine               Govan
Harrell                Harrison               Haskins
Hayes                  Hines, J.              Hines, M.
Hinson                 Hosey                  Howard
Huggins                Keegan                 Kelley
Kennedy                Kirsh                  Knotts
Koon                   Law                    Leach
Lee                    Littlejohn             Loftis
Lourie                 Lucas                  Martin
McCraw                 McGee                  Meacham-Richardson
Merrill                Moody-Lawrence         Neal, J.H.
Neal, J.M.             Ott                    Owens
Parks                  Phillips               Quinn
Riser                  Rivers                 Robinson
Rodgers                Sandifer               Scarborough
Sharpe                 Simrill                Sinclair
Smith, D.C.            Smith, F.N.            Smith, G.M.
Smith, J.R.            Smith, W.D.            Snow
Talley                 Taylor                 Thompson
Tripp                  Trotter                Vaughn
Walker                 Webb                   Weeks
Whatley                White                  Wilder
Wilkins                Witherspoon            Young, A.

Total--90

Those who voted in the negative are:

Davenport              Easterday              Hamilton
Jennings               Miller                 Rice
Sheheen                Smith, J.E.            Stille
Stuart

Total--10

So, the Conference Report was adopted and a message was ordered sent to the Senate accordingly.

RECORD FOR VOTING

I was late arriving back in the Chamber at the time of the vote on the Conference Report on H. 3687. Had I been present I would have voted yes.

Rep. Jeffrey Young

RECORD FOR VOTING

My initial response to the Budget Conference Report was to withhold support based upon the fact that it fails to meet the commitment to reduce a penny tax on food this year, as well as the decision to take some 38 million dollars from the Barnwell Cleanup Fund. I have since been assured that the Barnwell money will be repaid if and when cleanup funds are needed. The second penny of food tax relief will take effect on July 1, 2003 and I have therefore voted in the affirmative.

Rep. Thomas Keegan

STATEMENT FOR THE JOURNAL

I had a meeting that I had to attend. Had I been present I would have voted in favor of the budget.

Rep. Gresham Barrett

STATEMENT FOR THE JOURNAL

Had I been present for the vote on the budget, I would have voted in favor of it.

Rep. Marty Coates

Rep. Leon Howard

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 21, 2001
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3946:

H. 3946 (Word version) -- Reps. Cooper, Townsend, White, Thompson, Martin and Stille: A BILL TO AMEND CHAPTER 36 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 SO AS TO PROVIDE THAT THE MEMBERSHIP OF A NONPROFIT CORPORATION ORGANIZED UNDER THE PROVISIONS OF CHAPTER 36 MAY ELECT FOR THE CORPORATION TO BECOME A PUBLIC BODY POLITIC AND CORPORATE.
The Report of the Committee of Conference, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 21, 2001
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 394:

S. 394 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-135, SO AS TO PROVIDE THAT COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY CASES MUST MAKE CERTAIN DISCLOSURES UPON THEIR APPOINTMENT.

Very respectfully,
President
Received as information.

S. 394--ORDERED ENROLLED FOR RATIFICATION

The Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.

S. 321--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration:

S. 321 (Word version) -- Senator Leatherman: A BILL TO AMEND ARTICLE 7, CHAPTER 4, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE CONTROL LAWS AFFECTING WINE ONLY, BY ADDING SECTION 61-4-737 SO AS TO AUTHORIZE THE HOLDER OF A RETAIL WINE PERMIT TO CONDUCT NOT MORE THAN SIX WINE TASTINGS AT THE RETAIL LOCATION IN A CALENDAR YEAR.

Rep. MCGEE explained the Senate Amendments.

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.

H. 3777--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., June 21, 2001
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 H. 3777:

H. 3777 (Word version) -- Rep. Robinson: A BILL TO AMEND CHAPTER 10, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENTERPRISE ZONE ACT, BY ADDING SECTION 12-10-95 SO AS TO PROVIDE FOR A WITHHOLDING CREDIT FOR RETRAINING OF A PRODUCTION OR TECHNOLOGY EMPLOYEE; TO AMEND SECTION 12-2-25, RELATING TO TREATMENT OF A SINGLE-MEMBER LIABILITY COMPANY AND A GRANTOR TRUST FOR PURPOSES OF SOUTH CAROLINA INCOME TAX, SO AS TO INCLUDE A "QUALIFIED SUBCHAPTER 'S' SUBSIDIARY" AS AN ENTITY THAT IS NOT REGARDED SEPARATELY FROM ITS OWNER OR GRANTOR; TO AMEND SECTIONS 12-6-40, AS AMENDED, AND 12-6-50, BOTH RELATING TO APPLICATION AND ADOPTION OF THE FEDERAL INTERNAL REVENUE CODE TO STATE TAX LAWS, SO AS TO CLARIFY THE MEANINGS OF CERTAIN TERMS IN THE APPLICATION OF THE PROVISIONS AND TO EXCLUDE ADDITIONAL PROVISIONS CONCERNING THE TAXATION OF FOREIGN INCOME; TO AMEND SECTION 12-6-2210, RELATING TO MEASUREMENT OF THE ENTIRE NET INCOME OF A TAXPAYER, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-6-3330, RELATING TO THE DEFINITION OF "SOUTH CAROLINA EARNED INCOME" FOR PURPOSES OF THE TWO WAGE EARNER CREDIT, SO AS TO REFINE CITATIONS TO THE INTERNAL REVENUE CODE; TO AMEND SECTION 12-6-3410, RELATING TO DEFINITIONS FOR PURPOSES OF THE CORPORATE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO INCLUDE INFORMATION TECHNOLOGY AS A HEADQUARTERS-RELATED FUNCTION; TO AMEND SECTION 12-6-3500, RELATING TO RETIREMENT PLAN TAX CREDITS, SO AS TO DETERMINE THE TAXPAYER'S LIFE EXPECTANCY FROM THE TIME HE FIRST CLAIMS THE RETIREMENT INCOME DEDUCTION; TO AMEND SECTION 12-6-3520, RELATING TO INCOME TAX CREDIT FOR HABITAT CONSTRUCTION, MAINTENANCE, AND MANAGEMENT, SO AS TO MAKE A TECHNICAL CLARIFICATION BY CROSS-REFERENCING SPECIFIC SECTIONS IMPOSING TAX LIABILITY AND TO ALLOW THE CREDIT TO A MEMBER OF A LIMITED LIABILITY COMPANY TAXED AS A PARTNERSHIP; TO AMEND SECTIONS 12-10-30, 12-10-50, 12-10-80, AND 12-10-81, ALL AS AMENDED AND ALL RELATING TO THE ENTERPRISE ZONE ACT, SO AS TO CONFORM ITS PROVISIONS TO INCLUDE A JOB DEVELOPMENT CREDIT FOR THE TRAINING OR RETRAINING OF AN INFORMATION TECHNOLOGY EMPLOYEE, TO INCLUDE TECHNOLOGY INTENSIVE FACILITIES AS QUALIFYING BUSINESSES, TO ADJUST THE HOURLY WAGE RANGES FOR DETERMINING THE JOB CREDIT PERCENTAGE, TO PROVIDE FOR PENALTIES FOR FAILURE TO TIMELY PAY TAXES, TO PROVIDE FOR INDEPENDENT CERTIFICATIONS OF SATISFACTION OF REQUIREMENTS, AND TO EFFECT TECHNICAL CHANGES; TO AMEND SECTION 12-13-20, RELATING TO THE DEFINITION OF "NET INCOME" FOR PURPOSES OF INCOME TAX PAYABLE BY A BUILDING AND LOAN ASSOCIATION, SO AS TO UPDATE CROSS-REFERENCES; TO AMEND SECTION 12-13-60, RELATING TO THE APPLICABILITY AND ADOPTION OF APPROPRIATE ENFORCEMENT AND ADMINISTRATION PROVISIONS OF TAX LAW TO TAXATION OF BUILDING AND LOAN ASSOCIATIONS, SO AS TO UPDATE CROSS-REFERENCES AND MAKE OTHER TECHNICAL CHANGES; TO AMEND SECTION 12-20-90, RELATING TO THE CORPORATION LICENSE FEE FOR A HOLDING COMPANY, SO AS TO INSERT "INSURER" IN DISTINGUISHING BETWEEN THE HOLDING COMPANY AND THE SUBSIDIARY FOR PURPOSES OF CALCULATING THE AMOUNT OF THE FEE; TO AMEND SECTION 12-20-110, RELATING TO INAPPLICABILITY OF THE PROVISIONS FOR CORPORATION LICENSE FEES TO CERTAIN ORGANIZATIONS, COMPANIES, AND ASSOCIATIONS, SO AS TO MAKE THE PROVISIONS INAPPLICABLE TO A HOMEOWNERS' ASSOCIATION AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-28-530, RELATING TO INCREASE IN TAX RATES ON MOTOR FUEL, SO AS TO INCLUDE MOTOR FUEL HELD IN REGISTERED AND NONREGISTERED TANKS; TO AMEND SECTION 12-28-985, RELATING TO FLOORSTOCKS TAX REPORT AND PAYMENT, SO AS TO PROVIDE FOR THE DEPARTMENT TO DETERMINE THE DUE DATE; TO AMEND SECTION 12-28-1135, RELATING TO THE FUEL VENDOR LICENSE AND FEE, SO AS TO REQUIRE THE PURCHASER FROM A TERMINAL SUPPLIER TO BE LICENSED; TO AMEND SECTION 12-28-1730, RELATING TO MONTHLY REPORTS FROM FUEL TRANSPORTERS, SO AS TO IMPOSE A CIVIL PENALTY FOR FAILURE TO INCLUDE CERTAIN INFORMATION; TO AMEND SECTION 12-36-90, RELATING TO DEFINITIONS OF "GROSS PROCEEDS OF SALE" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO CHANGE THE TAX PAID ON AN UNCOLLECTIBLE DEBT TO A DEDUCTION INSTEAD OF A CREDIT; TO AMEND SECTION 12-36-130, AS AMENDED, RELATING TO DEFINITION OF "SALES PRICE" FOR SALES TAX PURPOSES, SO AS TO EXCLUDE AN AMOUNT ACTUALLY CHARGED OFF AS UNCOLLECTIBLE; TO AMEND SECTION 12-36-910, RELATING TO IMPOSITION OF THE SALES TAX, SO AS TO REQUIRE THE SOURCING OF MOBILE TELECOMMUNICATIONS SERVICES CHARGES SUBJECT TO THE SALES TAX; TO AMEND SECTION 12-36-940, RELATING TO AMOUNTS ADDED TO THE SALES PRICE AS A RESULT OF THE STATE SALES TAX, SO AS TO CLARIFY THE RANGE OF SUMS AND TO PROVIDE FOR THE AMOUNTS WHICH MAY BE ADDED TO THE SALES PRICE FOR PURPOSES OF THE STATE SALES TAX ON ACCOMMODATIONS AND COMBINED STATE SALES TAX AND LOCAL TAX FOR COUNTIES IMPOSING A LOCAL TAX; TO AMEND SECTION 12-36-1310, RELATING TO IMPOSITION OF THE USE TAX, SO AS TO REQUIRE THE SOURCING OF MOBILE TELECOMMUNICATIONS SERVICES WITH CHARGES SUBJECT TO THE USE TAX; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM AD VALOREM TAXATION, SO AS TO INCLUDE A CROSS REFERENCE; TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY FOR PURPOSES OF ASSESSMENT OF TAXES, SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE DESIGNATE THE BOOK OF VEHICLE VALUATIONS FOR PURPOSES OF ESTABLISHING THE VALUATIONS, TO REDUCE THE MAXIMUM VALUATION FROM NINETY-FIVE PERCENT TO EIGHTY-FIVE PERCENT OF THE SUGGESTED RETAIL PRICE OF A NEW VEHICLE, WATERCRAFT, OR PERSONAL AIRCRAFT, AND TO REQUIRE A TEN PERCENT REDUCTION OF THE PREVIOUS YEAR'S VALUE IN SUBSEQUENT YEARS; TO AMEND SECTION 12-37-2640, RELATING TO DETERMINATION OF THE ASSESSED VALUE OF A MOTOR VEHICLE BY THE COUNTY AUDITOR, SO AS TO REQUIRE THE USE OF THE NATIONALLY RECOGNIZED PUBLICATION OF VEHICLE VALUATIONS AS DESIGNATED BY THE DEPARTMENT, TO PROVIDE A LIMITED ALTERNATIVE, AND TO ESTABLISH A MINIMUM AND MAXIMUM ASSESSED VALUE FOR A MOTORCYCLE BASED ON ITS MODEL YEAR; TO AMEND SECTION 12-37-2680, RELATING TO THE TIME FOR DETERMINATION OF THE ASSESSED VALUE OF A VEHICLE, SO AS TO DELETE THE REQUIREMENT THAT THE DEPARTMENT PUBLISH A VEHICLE VALUATION GUIDE; TO AMEND SECTION 12-54-43, AS AMENDED, RELATING TO CIVIL PENALTIES APPLICABLE TO TAX AND REVENUE LAW, AND SECTION 12-54-44, RELATING TO CRIMINAL PENALTIES APPLICABLE TO TAX AND REVENUE LAW, SO AS TO DELETE THE CRIMINAL PENALTY FOR FAILURE TO DEPOSIT OR PAY TAXES DEDUCTED AND WITHHELD FOR PAYMENT AND TO PROVIDE A CIVIL PENALTY; TO AMEND CHAPTER 54, TITLE 12, RELATING TO COLLECTION AND ENFORCEMENT OF TAXATION, BY ADDING SECTION 12-54-195 SO AS TO PROVIDE FOR A PENALTY ASSESSED AGAINST A PERSON WHO IS RESPONSIBLE FOR REMITTING, BUT FAILS TO REMIT, SALES TAX TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO TIME LIMITATIONS AND EXCEPTIONS FOR ASSESSMENT OF TAXES AND FEES, SO AS TO PROVIDE FOR SUSPENSION OF THE RUNNING OF THE STATUTE OF LIMITATIONS WHILE AN INDIVIDUAL TAXPAYER IS CONSIDERED "FINANCIALLY DISABLED" AND TO DEFINE THAT TERM; TO AMEND SECTION 12-54-200, RELATING TO THE REQUIREMENT OF A BOND TO SECURE PAYMENT OF TAXES, SO AS TO PROVIDE THE ALTERNATIVE AND ADDITIONAL SECURITY OF DEPOSIT AND MAINTENANCE OF TAXES DUE IN A SEPARATE ACCOUNT, TO DELETE THE REQUIREMENT OF NOTICE BY CERTIFIED MAIL, AND TO PROVIDE THAT NONCOMPLIANCE IS A MISDEMEANOR TRIABLE IN MAGISTRATE'S COURT; TO AMEND SECTION 12-54-227, AS AMENDED, RELATING TO OUT-OF-STATE COLLECTIONS, SO AS TO DELETE THE REQUIREMENT OF NOTICE BY CERTIFIED MAIL; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO PROHIBITION OF DISCLOSURE OF RECORDS AND REPORTS AND RETURNS FILED WITH THE DEPARTMENT, SO AS TO ALLOW AN EXCEPTION FOR DISCLOSURE OF A DEFICIENCY ASSESSMENT TO AN ATTORNEY CONDUCTING A CLOSING; TO AMEND SECTION 12-56-120, RELATING TO APPEALS FROM THE SETOFF DEBT COLLECTION ACT, SO AS TO PROVIDE THAT THE DEPARTMENT AND THE INTERNAL REVENUE SERVICE ARE EXEMPT AND ARE SUBJECT EXCLUSIVELY TO OTHER APPEAL PROCEDURES; TO AMEND SECTION 12-58-185, RELATING TO EXTENSIONS OF PAYMENT PERIODS, SO AS TO DELETE PRESCRIBED EXTENSION PERIODS; TO AMEND SECTION 12-60-90, RELATING TO THE ADMINISTRATIVE TAX PROCESS FOR PURPOSES OF THE REVENUE PROCEDURES ACT, SO AS TO UPDATE CITATIONS TO THE INTERNAL REVENUE CODE; TO AMEND SECTION 4-37-30, AS AMENDED, RELATING TO SALES AND USE TAXES OR TOLLS AS REVENUE FOR TRANSPORTATION FACILITIES, SO AS TO CLARIFY "MISALLOCATIONS" FOR PURPOSES OF ADJUSTING LATER DISTRIBUTIONS; AND TO AMEND ACT 588 OF 1994, RELATING TO THE CHEROKEE COUNTY SCHOOL DISTRICT 1 SCHOOL BOND-PROPERTY TAX RELIEF ACT AND ACT 441 OF 2000, RELATING TO THE CHESTERFIELD COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT, BOTH SO AS TO CLARIFY THE METHOD AND TIMING OF THE CORRECTION OF MISALLOCATION OF SALES TAX REVENUES BY THE STATE TREASURER AND TO PROVIDE FOR THE DISTRIBUTION OF SALES TAX REVENUES UNDER THE ACT WHEN THE DEPARTMENT OF REVENUE IS UNABLE TO IDENTIFY THE SOURCE OF THE REVENUES.

Very respectfully,
President

On motion of Rep. HARRELL, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. J. R. SMITH, ROBINSON and MEACHAM-RICHARDSON to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

SPEAKER PRO TEMPORE IN CHAIR
S. 583--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 583 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO PROVIDE WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN NOT LATER THAN 5:00 P.M. FRIDAY, JUNE 22 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 1:00 P.M. ON THURSDAY, JUNE 28, 2001, AND TO CONTINUE, IF NECESSARY, UNTIL FRIDAY, JUNE 22, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT, WHEN THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN FRIDAY, JUNE 22, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON MONDAY, AUGUST 13, 2001, AND TO CONTINUE, IF NECESSARY, UNTIL FRIDAY, SEPTEMBER 7, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT, WHEN THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN FRIDAY, SEPTEMBER 7, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON WEDNESDAY, SEPTEMBER 19, 2001, AND TO CONTINUE, IF NECESSARY, UNTIL FRIDAY, SEPTEMBER 21, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT, WHEN EACH HOUSE ADJOURNS NOT LATER THAN FRIDAY, SEPTEMBER 21, 2001, AT 5:00 P.M. THE GENERAL ASSEMBLY SHALL STAND IN RECESS UNTIL NOT LATER THAN 5:00 P.M. ON DECEMBER 31, 2001, TO PROVIDE THAT BETWEEN FRIDAY, SEPTEMBER 21, 2001, AND THE DATE OF SINE DIE ADJOURNMENT THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE MAY CALL THEIR RESPECTIVE HOUSES BACK IN SESSION FOR SPECIFIED MATTERS, AND TO PROVIDE THAT AT 5:00 P.M. ON DECEMBER 31, 2001, IF NOT EARLIER ADJOURNED SINE DIE, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.

Amend Title To Conform

Be it resolved by the Senate, the House of Representatives concurring:

Effective with the ratification of H. 3687 and S. 559: The extra session of the General Assembly beginning 12:00 noon, Wednesday, June 20, 2001, will continue in session after June 22, 2001, under the following terms and conditions:

(A)     When each house adjourns on Wednesday, June 20, 2001, it shall stand adjourned to continue in statewide session, if necessary, not later than 5:00 p.m. on Friday, June 22, 2001, for consideration of the following matters and subject to the following conditions, as applicable:

(1)     receipt and consideration of gubernatorial vetoes;

(2)     receipt, consideration, and confirmation of appointments;

(3)     ratification of acts;

(4)     receipt and consideration of local legislation which has the unanimous consent of the affected delegation;

(5)     receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees, and messages pertaining to such reports and appointments;

(6)     receipt and consideration of resolutions expressing sympathy or congratulations;

(7)     concurrence or nonconcurrence in amendments on bills received from the other house;

(8)     receipt and consideration of resolutions related to the terms and conditions of the extra session where such resolutions are adopted by a two-thirds vote of the total membership of the members of the House of Representatives and the Senate; and

(9)     receipt and consideration of H. 3307, including, but not limited to, receipt, consideration, and disposition of any conference or free conference reports, appointment of conference and free conference committees, and messages pertaining to such reports and appointments.

(B)     When each house adjourns subject to section (A) and not later than 5:00 p.m. on Friday, June 22, 2001, the General Assembly shall stand adjourned to meet at 11:00 a.m. on Monday, August 13, 2001, and to continue in statewide session, if necessary, until Friday, September 7, 2001, not later than 5:00 p.m. for the consideration of the following matters and subject to the following conditions, as applicable:

(1)     receipt and consideration of gubernatorial vetoes;

(2)     receipt, consideration, and confirmation of appointments;

(3)     ratification of acts;

(4)     receipt and consideration of local legislation which has the unanimous consent of the affected delegation;

(5)     receipt and consideration of resolutions expressing sympathy or congratulations;

(6)     receipt and consideration of redistricting legislation, including, but not limited to, receipt, consideration, and disposition of conference or free conference reports, appointment of conference and free conference committees, and messages pertaining to such reports and appointments, concerning the South Carolina House of Representatives, the South Carolina State Senate, school districts, and the six United States Congressional Seats allocated to South Carolina;

(7)     receipt and consideration of primary election legislation and related matters pertaining to redistricting issues;

(8)     receipt and consideration of resolutions related to the terms and conditions of the extra session where such resolutions are adopted by a two-thirds vote of the total membership of the members of the House of Representatives and the Senate; and

(9)     receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees, and messages pertaining to such reports and appointments.

(C)     When each house adjourns subject to section (B) and not later than 5:00 p.m. on Friday, September 7, 2001, the General Assembly shall stand adjourned to meet at 11:00 a.m. on Wednesday, September 19, 2001, and to continue in statewide session, if necessary, until Friday, September 21, 2001, not later than 5:00 p.m. for the consideration of the following matters:

(1)     receipt and consideration of redistricting legislation, including consideration of conference or free conference reports, concerning the South Carolina House of Representatives, the South Carolina State Senate, and the six United States Congressional Seats allocated to South Carolina;

(2)     receipt and consideration of gubernatorial vetoes;

(3)     receipt, consideration, and confirmation of appointments;

(4)     ratification of acts;

(5)     receipt and consideration of local legislation which has the unanimous consent of the affected delegation;

(6)     receipt and consideration of resolutions expressing sympathy or congratulations;

(7)     receipt and consideration of resolutions related to the terms and conditions of the extra session where such resolutions are adopted by a two-thirds vote of the total membership of the members of the House of Representatives and the Senate;

(8)     receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees, and messages pertaining to such reports and appointments; and

(9)     receipt and consideration of primary election legislation and related matters pertaining to redistricting issues.

(D)     Each house may provide for local session days during the periods between June 22 and August 13, 2001, and between September 7 and September 19, 2001, for consideration of local legislation that has the unanimous consent of the affected delegation.

(E)     Each house on its own motion may provide for session days during the period between September 7 and September 19, 2001, for consideration of any legislation of a subject matter authorized in items (1), (2), (3), (7), and (8) of section (C).

(F)     Each house on its own motion may adjourn for periods in excess of three days and any such period(s) of adjournment exceeding three days are deemed to be authorized pursuant to the provisions of Article III, Section 21 of the Constitution of the State.

(G)     The Speaker of the House and the President Pro Tempore of the Senate may ratify acts at a mutually convenient time between June 22 and August 13, 2001, and between September 7 and September 19, 2001.

(H)     The House may meet for administrative purposes upon the call of the Speaker of the House between June 22, 2001 and the date when the extra session of the General Assembly is adjourned sine die.

(I)     The Speaker of the House and the President Pro Tempore of the Senate, by mutual consent, may call their respective houses into statewide session at any time between June 22, 2001 and August 13, 2001 but at least specifically on June 28, 2001 at 1:00 p.m. through June 29, 2001 at 5:00 p.m. for the purpose of:

(1)     receipt and consideration of gubernatorial vetoes;

(2)     receipt, consideration, and confirmation of appointments;

(3)     receipt and consideration of resolutions expressing sympathy or congratulations; and

(4)     receipt and consideration of legislation effecting redistricting of school districts.

(J)     The Speaker of the House and the President Pro Tempore of the Senate, by mutual consent, may call their respective houses into statewide session at any time between June 22, 2001, and the date when the extra session of the General Assembly is adjourned sine die for the purpose of considering any matters listed in items (B)(1), (B)(3), (B)(6), and (B)(7) of this resolution.

(K)     When each house adjourns subject to section (C) and not later than 5:00 p.m. on Friday, September 21, 2001, the General Assembly shall stand in recess until no later than 5:00 p.m. on December 31, 2001, and unless the extra session is otherwise adjourned sine die at an earlier date after September 21, 2001, on December 31, 2001, not later than 5:00 p.m. the extra session of the General Assembly shall stand adjourned sine die. During any such extension of the extra session by mutual consent of the Speaker of the House and the President Pro Tempore of the Senate under item (J), the respective houses are limited to consideration of matters listed in items (B)(1), (B)(3), (B)(6), and (B)(7) of this resolution.

Rep. WILKINS explained the Resolution.

SPEAKER IN CHAIR

The question then recurred to the adoption of the Concurrent Resolution.

Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:

Yeas 103; Nays 0

Those who voted in the affirmative are:

Allen                  Allison                Altman
Bales                  Barfield               Battle
Bingham                Breeland               Brown, J.
Campsen                Cato                   Chellis
Clyburn                Cobb-Hunter            Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Emory                  Freeman                Frye
Gilham                 Gourdine               Govan
Hamilton               Harrell                Harrison
Harvin                 Haskins                Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Howard                 Huggins
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Knotts
Koon                   Law                    Leach
Lee                    Littlejohn             Loftis
Lourie                 Lucas                  Martin
McCraw                 McGee                  Meacham-Richardson
Merrill                Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Ott
Owens                  Parks                  Phillips
Quinn                  Rice                   Riser
Rivers                 Rodgers                Sandifer
Scarborough            Sharpe                 Sheheen
Simrill                Sinclair               Smith, D.C.
Smith, F.N.            Smith, G.M.            Smith, J.E.
Smith, J.R.            Smith, W.D.            Snow
Stille                 Stuart                 Talley
Taylor                 Thompson               Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Weeks
Whatley                White                  Wilder
Wilkins                Witherspoon            Young, A.
Young, J.

Total--103

Those who voted in the negative are:

Total--0

So, the Concurrent Resolution was adopted and sent to the Senate.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 21, 2001
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3900:

H. 3900 (Word version) -- Reps. Vaughn, Kirsh, J. R. Smith, Koon, Dantzler, Davenport, Edge, Harvin, Keegan, Rivers and Bowers: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE SALES AND USE TAX, SO AS TO INCLUDE AN EXEMPTION FOR MEALS OR FOODSTUFFS THAT ARE PREPARED OR PACKAGED THAT ARE SOLD TO PUBLIC OR NONPROFIT ORGANIZATIONS FOR CONGREGATE OR IN-HOME SERVICE TO THE HOMELESS OR NEEDY OR DISABLED ADULTS OVER EIGHTEEN YEARS OF AGE OR INDIVIDUALS OVER THE AGE OF SIXTY AND TO APPLY THIS EXEMPTION ONLY TO MEALS AND FOODSTUFFS ELIGIBLE FOR PURCHASE UNDER THE FEDERAL FOOD STAMP PROGRAM.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.

H. 3599--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

The Senate amendments to the following Bill were taken up for consideration:

H. 3599 (Word version) -- Reps. Rodgers and Gilham: A BILL TO AMEND SECTION 50-5-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, SO AS TO FURTHER DEFINE AND PROVIDE FOR BAITING OF "PEELER TRAPS".

Rep. SHARPE proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\AMEND\11901AC01), which was adopted:
Amend the bill, as and if amended, by deleting Sections 2 and 3 of the bill and inserting:
/SECTION     2.     Section 50-5-1705(D) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(D)     It is unlawful for a person to take or have in possession more than five two red drum in any one day."
SECTION     3.     Section 50-5-1710(3) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(3)     red drum (Sciaenops ocellatus) (channel bass or spottail bass) of less than fourteen fifteen inches in total length, or more than twenty-seven twenty-four inches in total length; or"
SECTION     4.     This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.

Rep. SHARPE explained the amendment.
The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 21, 2001
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Short, Alexander and Grooms of the Committee of Conference on the part of the Senate on H. 3777:

H. 3777 (Word version) -- Rep. Robinson: A BILL TO AMEND CHAPTER 10, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENTERPRISE ZONE ACT, BY ADDING SECTION 12-10-95 SO AS TO PROVIDE FOR A WITHHOLDING CREDIT FOR RETRAINING OF A PRODUCTION OR TECHNOLOGY EMPLOYEE; TO AMEND SECTION 12-2-25, RELATING TO TREATMENT OF A SINGLE-MEMBER LIABILITY COMPANY AND A GRANTOR TRUST FOR PURPOSES OF SOUTH CAROLINA INCOME TAX, SO AS TO INCLUDE A "QUALIFIED SUBCHAPTER 'S' SUBSIDIARY" AS AN ENTITY THAT IS NOT REGARDED SEPARATELY FROM ITS OWNER OR GRANTOR; TO AMEND SECTIONS 12-6-40, AS AMENDED, AND 12-6-50, BOTH RELATING TO APPLICATION AND ADOPTION OF THE FEDERAL INTERNAL REVENUE CODE TO STATE TAX LAWS, SO AS TO CLARIFY THE MEANINGS OF CERTAIN TERMS IN THE APPLICATION OF THE PROVISIONS AND TO EXCLUDE ADDITIONAL PROVISIONS CONCERNING THE TAXATION OF FOREIGN INCOME; TO AMEND SECTION 12-6-2210, RELATING TO MEASUREMENT OF THE ENTIRE NET INCOME OF A TAXPAYER, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-6-3330, RELATING TO THE DEFINITION OF "SOUTH CAROLINA EARNED INCOME" FOR PURPOSES OF THE TWO WAGE EARNER CREDIT, SO AS TO REFINE CITATIONS TO THE INTERNAL REVENUE CODE; TO AMEND SECTION 12-6-3410, RELATING TO DEFINITIONS FOR PURPOSES OF THE CORPORATE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO INCLUDE INFORMATION TECHNOLOGY AS A HEADQUARTERS-RELATED FUNCTION; TO AMEND SECTION 12-6-3500, RELATING TO RETIREMENT PLAN TAX CREDITS, SO AS TO DETERMINE THE TAXPAYER'S LIFE EXPECTANCY FROM THE TIME HE FIRST CLAIMS THE RETIREMENT INCOME DEDUCTION; TO AMEND SECTION 12-6-3520, RELATING TO INCOME TAX CREDIT FOR HABITAT CONSTRUCTION, MAINTENANCE, AND MANAGEMENT, SO AS TO MAKE A TECHNICAL CLARIFICATION BY CROSS-REFERENCING SPECIFIC SECTIONS IMPOSING TAX LIABILITY AND TO ALLOW THE CREDIT TO A MEMBER OF A LIMITED LIABILITY COMPANY TAXED AS A PARTNERSHIP; TO AMEND SECTIONS 12-10-30, 12-10-50, 12-10-80, AND 12-10-81, ALL AS AMENDED AND ALL RELATING TO THE ENTERPRISE ZONE ACT, SO AS TO CONFORM ITS PROVISIONS TO INCLUDE A JOB DEVELOPMENT CREDIT FOR THE TRAINING OR RETRAINING OF AN INFORMATION TECHNOLOGY EMPLOYEE, TO INCLUDE TECHNOLOGY INTENSIVE FACILITIES AS QUALIFYING BUSINESSES, TO ADJUST THE HOURLY WAGE RANGES FOR DETERMINING THE JOB CREDIT PERCENTAGE, TO PROVIDE FOR PENALTIES FOR FAILURE TO TIMELY PAY TAXES, TO PROVIDE FOR INDEPENDENT CERTIFICATIONS OF SATISFACTION OF REQUIREMENTS, AND TO EFFECT TECHNICAL CHANGES; TO AMEND SECTION 12-13-20, RELATING TO THE DEFINITION OF "NET INCOME" FOR PURPOSES OF INCOME TAX PAYABLE BY A BUILDING AND LOAN ASSOCIATION, SO AS TO UPDATE CROSS-REFERENCES; TO AMEND SECTION 12-13-60, RELATING TO THE APPLICABILITY AND ADOPTION OF APPROPRIATE ENFORCEMENT AND ADMINISTRATION PROVISIONS OF TAX LAW TO TAXATION OF BUILDING AND LOAN ASSOCIATIONS, SO AS TO UPDATE CROSS-REFERENCES AND MAKE OTHER TECHNICAL CHANGES; TO AMEND SECTION 12-20-90, RELATING TO THE CORPORATION LICENSE FEE FOR A HOLDING COMPANY, SO AS TO INSERT "INSURER" IN DISTINGUISHING BETWEEN THE HOLDING COMPANY AND THE SUBSIDIARY FOR PURPOSES OF CALCULATING THE AMOUNT OF THE FEE; TO AMEND SECTION 12-20-110, RELATING TO INAPPLICABILITY OF THE PROVISIONS FOR CORPORATION LICENSE FEES TO CERTAIN ORGANIZATIONS, COMPANIES, AND ASSOCIATIONS, SO AS TO MAKE THE PROVISIONS INAPPLICABLE TO A HOMEOWNERS' ASSOCIATION AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-28-530, RELATING TO INCREASE IN TAX RATES ON MOTOR FUEL, SO AS TO INCLUDE MOTOR FUEL HELD IN REGISTERED AND NONREGISTERED TANKS; TO AMEND SECTION 12-28-985, RELATING TO FLOORSTOCKS TAX REPORT AND PAYMENT, SO AS TO PROVIDE FOR THE DEPARTMENT TO DETERMINE THE DUE DATE; TO AMEND SECTION 12-28-1135, RELATING TO THE FUEL VENDOR LICENSE AND FEE, SO AS TO REQUIRE THE PURCHASER FROM A TERMINAL SUPPLIER TO BE LICENSED; TO AMEND SECTION 12-28-1730, RELATING TO MONTHLY REPORTS FROM FUEL TRANSPORTERS, SO AS TO IMPOSE A CIVIL PENALTY FOR FAILURE TO INCLUDE CERTAIN INFORMATION; TO AMEND SECTION 12-36-90, RELATING TO DEFINITIONS OF "GROSS PROCEEDS OF SALE" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO CHANGE THE TAX PAID ON AN UNCOLLECTIBLE DEBT TO A DEDUCTION INSTEAD OF A CREDIT; TO AMEND SECTION 12-36-130, AS AMENDED, RELATING TO DEFINITION OF "SALES PRICE" FOR SALES TAX PURPOSES, SO AS TO EXCLUDE AN AMOUNT ACTUALLY CHARGED OFF AS UNCOLLECTIBLE; TO AMEND SECTION 12-36-910, RELATING TO IMPOSITION OF THE SALES TAX, SO AS TO REQUIRE THE SOURCING OF MOBILE TELECOMMUNICATIONS SERVICES CHARGES SUBJECT TO THE SALES TAX; TO AMEND SECTION 12-36-940, RELATING TO AMOUNTS ADDED TO THE SALES PRICE AS A RESULT OF THE STATE SALES TAX, SO AS TO CLARIFY THE RANGE OF SUMS AND TO PROVIDE FOR THE AMOUNTS WHICH MAY BE ADDED TO THE SALES PRICE FOR PURPOSES OF THE STATE SALES TAX ON ACCOMMODATIONS AND COMBINED STATE SALES TAX AND LOCAL TAX FOR COUNTIES IMPOSING A LOCAL TAX; TO AMEND SECTION 12-36-1310, RELATING TO IMPOSITION OF THE USE TAX, SO AS TO REQUIRE THE SOURCING OF MOBILE TELECOMMUNICATIONS SERVICES WITH CHARGES SUBJECT TO THE USE TAX; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM AD VALOREM TAXATION, SO AS TO INCLUDE A CROSS REFERENCE; TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY FOR PURPOSES OF ASSESSMENT OF TAXES, SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE DESIGNATE THE BOOK OF VEHICLE VALUATIONS FOR PURPOSES OF ESTABLISHING THE VALUATIONS, TO REDUCE THE MAXIMUM VALUATION FROM NINETY-FIVE PERCENT TO EIGHTY-FIVE PERCENT OF THE SUGGESTED RETAIL PRICE OF A NEW VEHICLE, WATERCRAFT, OR PERSONAL AIRCRAFT, AND TO REQUIRE A TEN PERCENT REDUCTION OF THE PREVIOUS YEAR'S VALUE IN SUBSEQUENT YEARS; TO AMEND SECTION 12-37-2640, RELATING TO DETERMINATION OF THE ASSESSED VALUE OF A MOTOR VEHICLE BY THE COUNTY AUDITOR, SO AS TO REQUIRE THE USE OF THE NATIONALLY RECOGNIZED PUBLICATION OF VEHICLE VALUATIONS AS DESIGNATED BY THE DEPARTMENT, TO PROVIDE A LIMITED ALTERNATIVE, AND TO ESTABLISH A MINIMUM AND MAXIMUM ASSESSED VALUE FOR A MOTORCYCLE BASED ON ITS MODEL YEAR; TO AMEND SECTION 12-37-2680, RELATING TO THE TIME FOR DETERMINATION OF THE ASSESSED VALUE OF A VEHICLE, SO AS TO DELETE THE REQUIREMENT THAT THE DEPARTMENT PUBLISH A VEHICLE VALUATION GUIDE; TO AMEND SECTION 12-54-43, AS AMENDED, RELATING TO CIVIL PENALTIES APPLICABLE TO TAX AND REVENUE LAW, AND SECTION 12-54-44, RELATING TO CRIMINAL PENALTIES APPLICABLE TO TAX AND REVENUE LAW, SO AS TO DELETE THE CRIMINAL PENALTY FOR FAILURE TO DEPOSIT OR PAY TAXES DEDUCTED AND WITHHELD FOR PAYMENT AND TO PROVIDE A CIVIL PENALTY; TO AMEND CHAPTER 54, TITLE 12, RELATING TO COLLECTION AND ENFORCEMENT OF TAXATION, BY ADDING SECTION 12-54-195 SO AS TO PROVIDE FOR A PENALTY ASSESSED AGAINST A PERSON WHO IS RESPONSIBLE FOR REMITTING, BUT FAILS TO REMIT, SALES TAX TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO TIME LIMITATIONS AND EXCEPTIONS FOR ASSESSMENT OF TAXES AND FEES, SO AS TO PROVIDE FOR SUSPENSION OF THE RUNNING OF THE STATUTE OF LIMITATIONS WHILE AN INDIVIDUAL TAXPAYER IS CONSIDERED "FINANCIALLY DISABLED" AND TO DEFINE THAT TERM; TO AMEND SECTION 12-54-200, RELATING TO THE REQUIREMENT OF A BOND TO SECURE PAYMENT OF TAXES, SO AS TO PROVIDE THE ALTERNATIVE AND ADDITIONAL SECURITY OF DEPOSIT AND MAINTENANCE OF TAXES DUE IN A SEPARATE ACCOUNT, TO DELETE THE REQUIREMENT OF NOTICE BY CERTIFIED MAIL, AND TO PROVIDE THAT NONCOMPLIANCE IS A MISDEMEANOR TRIABLE IN MAGISTRATE'S COURT; TO AMEND SECTION 12-54-227, AS AMENDED, RELATING TO OUT-OF-STATE COLLECTIONS, SO AS TO DELETE THE REQUIREMENT OF NOTICE BY CERTIFIED MAIL; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO PROHIBITION OF DISCLOSURE OF RECORDS AND REPORTS AND RETURNS FILED WITH THE DEPARTMENT, SO AS TO ALLOW AN EXCEPTION FOR DISCLOSURE OF A DEFICIENCY ASSESSMENT TO AN ATTORNEY CONDUCTING A CLOSING; TO AMEND SECTION 12-56-120, RELATING TO APPEALS FROM THE SETOFF DEBT COLLECTION ACT, SO AS TO PROVIDE THAT THE DEPARTMENT AND THE INTERNAL REVENUE SERVICE ARE EXEMPT AND ARE SUBJECT EXCLUSIVELY TO OTHER APPEAL PROCEDURES; TO AMEND SECTION 12-58-185, RELATING TO EXTENSIONS OF PAYMENT PERIODS, SO AS TO DELETE PRESCRIBED EXTENSION PERIODS; TO AMEND SECTION 12-60-90, RELATING TO THE ADMINISTRATIVE TAX PROCESS FOR PURPOSES OF THE REVENUE PROCEDURES ACT, SO AS TO UPDATE CITATIONS TO THE INTERNAL REVENUE CODE; TO AMEND SECTION 4-37-30, AS AMENDED, RELATING TO SALES AND USE TAXES OR TOLLS AS REVENUE FOR TRANSPORTATION FACILITIES, SO AS TO CLARIFY "MISALLOCATIONS" FOR PURPOSES OF ADJUSTING LATER DISTRIBUTIONS; AND TO AMEND ACT 588 OF 1994, RELATING TO THE CHEROKEE COUNTY SCHOOL DISTRICT 1 SCHOOL BOND-PROPERTY TAX RELIEF ACT AND ACT 441 OF 2000, RELATING TO THE CHESTERFIELD COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT, BOTH SO AS TO CLARIFY THE METHOD AND TIMING OF THE CORRECTION OF MISALLOCATION OF SALES TAX REVENUES BY THE STATE TREASURER AND TO PROVIDE FOR THE DISTRIBUTION OF SALES TAX REVENUES UNDER THE ACT WHEN THE DEPARTMENT OF REVENUE IS UNABLE TO IDENTIFY THE SOURCE OF THE REVENUES.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 21, 2001
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on H. 3687:

H. 3687 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING JULY 1, 2001, TO REGULATE THE EXPENDITURE OF THESE FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.
The Report of the Committee of Conference, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 21, 2001

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 9:00 p.m. today for the purpose of Ratifying Acts.

Very respectfully,

President

On motion of Rep. KNOTTS the invitation was accepted.

MOTION ADOPTED

Rep. A. YOUNG moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.

RATIFICATION OF ACTS

At 9:00 p.m. the House attended in the Senate Chamber, where the following Acts were duly ratified:

(R146, S. 559 (Word version)) -- Finance Committee: AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT, EFFECTIVE JULY 1, 2006, THE GROSS PROCEEDS OF SALES OF FOOD ITEMS ELIGIBLE FOR PURCHASE WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE FOR PHASING DOWN THE RATE OF THE SALES TAX ON THESE ITEMS IN INCREMENTS OF ONE PERCENT, TO PROVIDE FOR THE APPLICATION OF THIS EXEMPTION TO LOCAL SALES AND USE TAXES, AND TO PROVIDE GENERAL FUND ACCOUNTING CHANGES TO HOLD HARMLESS STATE REVENUES FOR PUBLIC EDUCATION.

(R147, H. 3687 -- Ways and Means Committee: AN ACT TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 2001, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4233 (Word version) -- Rep. Edge: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE NORTH BRIDGE FOR WESTBOUND TRAFFIC ON SOUTH CAROLINA HIGHWAY 9 AT THE WACCAMAW RIVER IN HORRY COUNTY AS THE "JABY COX BRIDGE" IN MEMORY OF THE LATE JABY COX, A DISTINGUISHED CITIZEN OF HORRY COUNTY AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

H. 4298 (Word version) -- Reps. G. M. Smith, J. Young, Weeks, G. Brown, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon and A. Young: A CONCURRENT RESOLUTION RECOGNIZING TUOMEY REGIONAL MEDICAL CENTER IN SUMTER FOR RECEIVING AN EXCEPTIONALLY HIGH ACCREDITATION RATING FROM THE JOINT COMMISSION ON ACCREDITATION OF HEALTHCARE ORGANIZATIONS AND EXPRESSING SINCERE APPRECIATION TO THE STAFF AND ADMINISTRATION FOR THEIR SUPERB PERFORMANCE AND ONGOING SUPERIOR PATIENT CARE.

H. 4306 (Word version) -- Reps. J. E. Smith and Lourie: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE GENEROSITY OF MR. FRANCOIS FISERA OF COLUMBIA IN LENDING HIS UNMATCHABLE CULINARY GIFTS TO NUMEROUS MIDLANDS AND SOUTH CAROLINA CHARITABLE CAUSES AND HIS TIRELESS PROMOTION OF SOUTH CAROLINA.

H. 4307 (Word version) -- Reps. J. E. Smith and Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND DR. JOSEPH FISERA OF PARIS, FRANCE, FOR HIS BRAVERY AND COURAGEOUS VOLUNTEER SERVICE DURING WORLD WAR II AS A MEMBER OF THE FRENCH UNDERGROUND AND FOR HIS HEROIC EFFORTS AND TIRELESS WORK IN THE FACE OF OVERWHELMING ADVERSITY THAT SAVED THE LIVES OF HUNDREDS OF JEWISH MEN, WOMEN, AND CHILDREN FROM THE NAZI HOLOCAUST AND "DEATH CAMPS" AT THE RISK OF HIS OWN LIFE.

ADJOURNMENT

At 9:05 p.m. the House, in accordance with the motion of Rep. KNOTTS, adjourned in memory of Master Sergeant Harold Gray Sasser, brother-in-law of Representative Knotts, and in accordance with S. 583, the Sine Die Adjournment Resolution, to meet at 1:00 p.m., Thursday, June 28.

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