South Carolina General Assembly
116th Session, 2005-2006
Journal of the Senate

Thursday, April 13, 2006
(Statewide Session)


Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear words recorded by St. Luke (24:48):

"You are witnesses of these things.   And behold, I send the promise of my Father on you."

Let us pray.

Dear Lord and Father, for the good news perpetuated in the Jewish Passover and in the Christian Celebration of Good Friday and the Resurrection that has brightened the hopes of mankind through the centuries and which has been renewed again in words and music and drama in these days - we thank You!

Help us, by Your Grace, to make Holy Week a reality every week - to the ends of the earth - forever!
Amen!

RECESS

At 11:08 A.M., on motion of Senator McCONNELL, the Senate receded from business not to exceed thirty minutes, pending the arrival of those members attending the Finance Committee meeting.

At 11:27 A.M., the Senate resumed.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

REGULATIONS RECEIVED

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

Document No. 3021
Agency: Department of Social Services
SUBJECT: Penalties for Noncompliance in Regulated Child Care Settings
Received by Lieutenant Governor April 13, 2006
Referred to General Committee
Legislative Review Expiration March 20, 2007

Document No. 3022
Agency: Department of Social Services
SUBJECT: Licensing of Residential Group Care Organizations for Children
Received by Lieutenant Governor April 13, 2006
Referred to General Committee
Legislative Review Expiration March 20, 2007

Leave of Absence

At 11:50 A.M., Senator SHEHEEN requested a leave of absence beginning at 12:00 Noon and lasting until Tuesday, April 18, 2006.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1350 (Word version) -- Senators Ritchie and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-455 SO AS TO DIRECT THE DEPARTMENT OF INSURANCE TO ESTABLISH GUIDELINES FOR, CREATE, AND MAINTAIN A WEBSITE ON WHICH INSURANCE COMPANIES WILL PROVIDE AND THE DEPARTMENT SHALL POST THE IDENTITIES OF SUBCONTRACTORS WHO TERMINATE THEIR WORKERS' COMPENSATION INSURANCE COVERAGE.
l:\council\bills\ms\7353ahb06.doc

Read the first time and referred to the Committee on Banking and Insurance.

S. 1351 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL CARRYING OF A HANDGUN, SO AS TO INCLUDE IN THE EXCEPTIONS TO THE OFFENSE RESERVE POLICE OFFICERS OF A STATE AGENCY; AND TO AMEND SECTION 23-28-30, AS AMENDED, RELATING TO TRAINING COURSE REQUIREMENTS FOR RESERVE UNITS, SO AS TO PROVIDE THAT ADDITIONAL TRAINING MAY BE PRESCRIBED BY THE ENTITY HAVING A RESERVE UNIT UNDER CERTAIN CIRCUMSTANCES.
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Read the first time and referred to the Committee on Judiciary.

S. 1352 (Word version) -- Senators Knotts, Cromer, Courson and Setzler: A BILL TO PROVIDE THAT A PUBLIC SAFETY OFFICER WITH THE LEXINGTON COUNTY HEALTH SERVICES DISTRICT MAY RECEIVE TRAINING AT THE DEPARTMENT OF PUBLIC SAFETY'S CRIMINAL JUSTICE ACADEMY DIVISION.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 1352--Ordered to a Second and Third Reading

On motion of Senator KNOTTS, with unanimous consent, S. 1352 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 1353 (Word version) -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO CHILD SUPPORT GUIDELINES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3044, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

REPORTS OF STANDING COMMITTEES

Senator THOMAS from the Committee on Banking and Insurance submitted a favorable report on:

S. 518 (Word version) -- Senators Short, Jackson, Ford and Matthews: A BILL TO AMEND TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, BY ADDING CHAPTER 20 SO AS TO ENACT THE "CONSUMER IDENTITY THEFT PROTECTION ACT", TO PROHIBIT CERTAIN CHARGES BY A CONSUMER CREDIT REPORTING AGENCY, TO PROVIDE FOR THE ESTABLISHMENT OF AN IDENTITY THEFT DATABASE, TO PROVIDE AN EXPEDITED COURT PROCEDURE FOR CLEARING THE NAME OF AN IDENTITY THEFT VICTIM, TO PROVIDE STRICT REQUIREMENTS FOR IDENTITY VERIFICATION BY A CREDIT CARD ISSUER, TO PROVIDE FOR THE BLOCKING OF INACCURATE CREDIT REPORT INFORMATION RESULTING FROM IDENTITY THEFT, TO PROVIDE A PERSON RECEIVING A SELLER OR LENDER CREDIT CARD SOLICITATION IS NOT LIABLE FOR THE UNAUTHORIZED USE OF THE CREDIT CARD UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT THE CREDIT AGENCY'S NOTICE AND REPORTING REQUIREMENTS CONFORM TO THOSE OF THE FEDERAL FAIR CREDIT REPORTING ACT.

Ordered for consideration tomorrow.

Senator THOMAS from the Committee on Banking and Insurance submitted a favorable with amendment report on:

S. 967 (Word version) -- Senators Martin, Ford and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 69, TITLE 38, SO AS TO ENACT THE "ANNUITY INVESTMENTS BY SENIORS ACT" TO PROVIDE STANDARDS AND PROCEDURES FOR RECOMMENDATIONS TO SENIOR CONSUMERS TO ENSURE THAT ANNUITY PRODUCTS FOR THESE SENIOR CONSUMERS ADDRESS THEIR INSURANCE AND FINANCIAL NEEDS.

Ordered for consideration tomorrow.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

THIRD READING BILLS

The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:

S. 807 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 11, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING ARTICLE 3 SO AS TO PROVIDE PROCEDURES FOR RIGHT TO CURE NONRESIDENTIAL CONSTRUCTION DEFECTS BEFORE A CIVIL ACTION OR OTHER REMEDY PROVIDED BY LAW OR CONTRACT MAY BE INSTITUTED OR CONTINUED.

S. 1200 (Word version) -- Senator J. Verne Smith: A JOINT RESOLUTION TO PROVIDE THAT IN 2006 AND 2007, THE ANNUAL FEE FOR THE AUTOMOBILE MANUFACTURER STANDARD LICENSE PLATE FOR VEHICLES IN SUCH MANUFACTURER'S EMPLOYEE BENEFIT PROGRAM AND FOR THE TESTING, DISTRIBUTION, EVALUATION, AND PROMOTION OF ITS VEHICLES IS SEVEN HUNDRED SIXTY-ONE DOLLARS, AND TO PROVIDE THAT TWENTY DOLLARS OF EACH FEE IS CREDITED TO THE GENERAL FUND OF THE STATE AND THE BALANCE TO LOCAL GOVERNMENTS AND TO EXTEND RETROACTIVELY TO 2005 THESE FEES AS ESTABLISHED IN JOINT RESOLUTION 116 OF 2003.

S. 1209 (Word version) -- Senator Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 64 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE SOUTH CAROLINA AQUARIUM SPECIAL LICENSE PLATES.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 3735 (Word version) -- Reps. Vaughn, Cato, Haskins, Hamilton, Leach, Loftis, Cotty, Pinson, Altman, Haley, Rhoad, Barfield, Branham, Cooper, Duncan, Emory, Frye, Hinson, Hosey, Limehouse, Littlejohn, Martin, Merrill, Perry, Tripp, Umphlett and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1335 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL SUSPEND A VEHICLE'S REGISTRATION AND NOT REGISTER OR REREGISTER A MOTOR VEHICLE THAT WAS OPERATED WHEN ITS DRIVER FAILED TO PAY A TOLL AND WHOSE OWNER HAS AN OUTSTANDING JUDGMENT FOR FAILURE TO PAY A TOLL ENTERED AGAINST HIM, TO PROVIDE A FIFTY DOLLAR REINSTATEMENT FEE THAT MUST BE USED TO DEFRAY THE COSTS ASSOCIATED WITH THIS SECTION; TO AMEND SECTION 57-5-1495, AS AMENDED, RELATING TO THE COLLECTION OF TOLLS, SO AS TO PROVIDE THAT UPON AN ADJUDICATION OF LIABILITY FOR FAILURE TO PAY A TOLL, THE COURT MUST MAIL A COPY OF THE JUDGMENT TO THE VEHICLE'S OWNER OR OPERATOR, TO PROVIDE THAT IF THE JUDGMENT IS NOT SATISFIED WITHIN A CERTAIN PERIOD OF TIME, THE COURT SHALL NOTIFY THE DEPARTMENT OF MOTOR VEHICLES OF THIS INCIDENT WHICH SHALL SUSPEND THE REGISTRATION OF THE VEHICLE THAT WAS OPERATED WHEN THE TOLL WAS NOT PAID AND DENY THE VEHICLE'S REGISTRATION OR REREGISTRATION UNTIL THE JUDGMENT IS SATISFIED, TO DELETE THE PROVISION THAT REFERS TO THE CITATION AS A TRAFFIC CITATION, AND TO PROVIDE THAT A "FAILURE TO PAY A TOLL" CITATION CONSTITUTES THE SUMMONS AND COMPLAINT FOR AN ACTION TO RECOVER THE TOLL AND ALL APPLICABLE FEES ALLOWED PURSUANT TO THIS SECTION.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Motion Under Rule 26B

Senator SHEHEEN asked unanimous consent to make a motion to take up further amendments on H. 3735, pursuant to the provisions of Rule 26B.

There was no objection.

Senator SHEHEEN proposed the following amendment (SWB\ 6845CM06), which was adopted:

Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:

/ SECTION   __.   Section 57-5-1495(G)(5) of the 1976 Code is amended to read:

"(5)   the notices and citation required by this subsection must contain the following information:

(a)   the name and address of the person or entity alleged to be liable for a failure to pay a toll pursuant to this section;

(b)   the registration number of the vehicle involved in the toll violation;

(c)   the location where the toll violation took place;

(d)   the date and time of the toll violation;

(e)   the identification number of the photo-monitoring system which recorded the violation or other document locator number;

(f)   information advising of the manner and time in which liability may be contested; and

(g)   warning advising that failure to contest liability in the manner and time provided in this section is an admission of liability; and

(h)   information advising that failure to pay a toll may result in the suspension of vehicle registration." /

Renumber sections to conform.

Amend title to conform.

Senator SHEHEEN explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

SECOND READING BILLS

The following Bills and Joint Resolution, having been read the second time, were ordered placed on the Third Reading Calendar:

S. 17 (Word version) -- Senators Hutto, McConnell, Mescher, Fair and Ford: A BILL TO AMEND SECTION 56-5-2940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR, DRUGS, OR NARCOTICS, SO AS TO PROVIDE THAT A VIOLATION OF SECTION 56-5-2930 OR SECTION 56-5-2933 CONSTITUTES A PRIOR OFFENSE FOR PURPOSES OF DETERMINING SUBSEQUENT VIOLATIONS IN ACCORDANCE WITH SECTION 56-5-2940.

S. 1268 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 16-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE THE OFFENSE OF TRAFFICKING COCAINE BASE AS A VIOLENT CRIME.

H. 4313 (Word version) -- Reps. J. Brown, Clark, Altman, G.R. Smith, Loftis, Moody-Lawrence, Toole, Vick and R. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-185 SO AS TO PROVIDE THAT THE FIRST FRIDAY IN MAY OF EACH YEAR IS DECLARED TO BE "VIETNAM VETERANS SURVIVORS' DAY" IN SOUTH CAROLINA.

S. 1348 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO END-OF-COURSE TESTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3056, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1349 (Word version) -- Senators Richardson and Pinckney: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REVIEW AND RENAME CERTAIN VOTING PRECINCTS OF BEAUFORT COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO ADD A PROVISION TO AUTHORIZE THE BEAUFORT COUNTY BOARD OF ELECTIONS AND REGISTRATION, WITH THE APPROVAL OF A MAJORITY OF THE BEAUFORT COUNTY LEGISLATIVE DELEGATION, TO DETERMINE THE POLLING PLACES FOR THE PRECINCTS IN BEAUFORT COUNTY.

Senator RICHARDSON explained the Bill.

S. 1349--Ordered to a Third Reading

On motion of Senator RICHARDSON, with unanimous consent, S. 1349 was ordered to receive a third reading on Monday, April 17, 2006.

S. 1246 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 7-7-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF VOTING PRECINCTS IN KERSHAW COUNTY, SO AS TO DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

AMENDED, READ THE SECOND TIME

S. 391 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 2-17-10 AND 8-13-1300, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN MATTERS RELATING TO CAMPAIGN PRACTICES AND IN MATTERS RELATING TO LOBBYISTS AND LOBBYING, RESPECTIVELY, INCLUDING THE DEFINITION OF LEGISLATIVE CAUCUS COMMITTEE, SO AS TO PROVIDE THAT SUCH A CAUCUS MAY BE CREATED BASED UPON A SPECIAL LEGISLATIVE INTEREST.

Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Senator MOORE proposed the following amendment (JUD0391.001), which was adopted:

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

/   SECTION   1.   Section 2-17-10(11) of the 1976 Code is amended to read:

"(11)   'Legislative caucus' means:

(a)   a committee of either house of the General Assembly controlled by the caucus of a political party or a caucus based upon racial or ethnic affinity, or gender;

(b)   a party or group of either house of the General Assembly based upon racial or ethnic affinity, or gender. However, each house may establish only one committee for racial-, ethnic-, or gender-based affinity;

(c)   'legislative caucus' does not include a legislative special interest caucus as defined in Section 2-17-10(21)."

SECTION   2.   Section 2-17-10 of the 1976 Code is amended by adding the following numbered subsection at the end to read:

"(21)   'Legislative special interest caucus' means two or more legislators who seek to be affiliated based upon a special interest. Under no circumstances may a legislative special interest caucus engage in any activity that would influence the outcome of an election or ballot measure. Each legislative special interest caucus must register with the Clerk's Office of the Senate or House of Representatives in a manner mandated by the Clerk's Office. However, each legislative special interest caucus must provide, and the Clerk's Office must maintain a record of:

(a)   the name and purpose of the caucus;

(b)   the names of all caucus members; and

(c)   the date of creation, and dissolution, if applicable.

The Clerk's Office must maintain these records for at least four years following the dissolution of the caucus. A legislative special interest caucus may include, but is not limited to, a representation of sportsmen and women desiring to enhance and protect hunting, fishing, and shooting sports."

SECTION   3.   Section 8-13-1300(1)(d) of the 1976 Code is amended to read:

"(d)   the Senate Ethics Committee for all legislative caucus committees and legislative special interest caucuses affiliated with the Senate, the House of Representatives Ethics Committee for all legislative caucus committees and legislative special interest caucuses affiliated with the House of Representatives, and both ethics committees for all legislative caucus committees and legislative special interest caucuses affiliated with both houses."

SECTION   4.   Section 8-13-1300(21) of the 1976 Code is amended to read:

"(21)   'Legislative caucus committee' means:

(a)   a committee of either house of the General Assembly controlled by the caucus of a political party or a caucus based upon racial or ethnic affinity, or gender; however, each house may establish only one committee for each political-, racial-, ethnic-, or gender-based affinity;

(b)   a party or group of either house of the General Assembly based upon racial or ethnic affinity, or gender;

(c)   'legislative caucus committee' does not include a 'legislative special interest caucus' as defined in Section 2-17-10(21)."

SECTION   5.   Section 8-13-1333 of the 1976 Code is amended by adding the following lettered subsection at the end to read:

"(C)(1)   A legislative special interest caucus must not solicit contributions as defined in Section 8-13-100(9); however, it may solicit funds from the general public for the limited purpose of defraying mailing expenses, including cost of materials and postage, and for members of the legislative special interest caucus to attend regional and national conferences. Legislative special interest caucus members may attend a regional or national conference only if the conference is exclusively comprised of legislative special interest caucus counterparts and convenes for the purpose of interacting and exchanging ideas among caucus members and the conference is sponsored by a national organization with which the legislative special interest caucus is affiliated. Attendance at any conference is prohibited if the conference is sponsored by any lobbying group or extends an invitation to persons other than legislators. Under no circumstances may a legislative special interest caucus accept funds from a lobbyist. Each special interest caucus must submit a financial statement to the appropriate supervisory office by January first and July first of each year showing the total amount of funds received and total amount of funds paid out. It must also maintain the following records, for not less than four years, which must be available to the appropriate supervisory office for inspection:

(a)   the total amount of funds received by the legislative special interest caucus;

(b)   the name and address of each person or entity making a donation and the amount and date of receipt of each donation;

(c)   all receipted bills, canceled checks, or other proof of payment for any expenses paid by the legislative special interest caucus.

(2)   A legislative special interest caucus may not accept a gift, loan, or anything of value, except for funds permitted in subsection (C)(1) above."

SECTION   6.   Section 2-17-110 of the 1976 Code is amended by adding the following lettered subsection at the end to read:

"(J)   A lobbyist, a lobbyist's principal, or a person acting on behalf of a lobbyist or a lobbyist's principal shall not offer or provide contributions or any other type of funds or financial assistance to a legislative special interest caucus as defined in Section 2-17-10(21)."

SECTION   7.   This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

H. 4195 (Word version) -- Rep. Perry: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 100 TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "PARROT HEAD" SPECIAL LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES TO THE SOUTH CAROLINA PARROT HEAD CLUB COUNCIL TO BE USED TO SUPPORT THE PALMETTO CHAPTER OF THE ALZHEIMER'S ASSOCIATION AND THE UPSTATE SOUTH CAROLINA CHAPTER OF THE ALZHEIMER'S ASSOCIATION.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.

The Committee on Transportation proposed the following amendment (AGM\18314CM06), which was adopted:

Amend the bill, as and if amended, Section 56-3-10010(C)(1), as contained in SECTION 1, page 2, by deleting / one / on line 28 and inserting / four / .

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 1154 (Word version) -- Senators Fair, Peeler, Verdin, Land, O'Dell, Mescher, Short, Martin, Alexander and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 22 TO ARTICLE 30, CHAPTER 7, TITLE 20 OF THE 1976 CODE SO AS TO ENACT THE "INTERSTATE COMPACT FOR JUVENILES" WHICH, AMONG OTHER THINGS, PROVIDES FOR AN INDEPENDENT COMPACT OPERATING AUTHORITY TO ADMINISTER ONGOING COMPACT ACTIVITY, GUBERNATORIAL APPOINTMENTS OF REPRESENTATIVES FOR ALL MEMBER STATES ON A NATIONAL GOVERNING COMMISSION, RULE-MAKING AUTHORITY, A MANDATORY FUNDING MECHANISM SUFFICIENT TO SUPPORT ESSENTIAL COMPACT OPERATIONS, AND COLLECTION OF STANDARDIZED INFORMATION; AND TO REPEAL SUBARTICLE 21, ARTICLE 30, CHAPTER 7, TITLE 20, RELATING TO THE INTERSTATE COMPACT ON JUVENILES.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD1154.002), which was adopted:

Amend the bill, as and if amended, page 19, by striking SECTIONS 2 and 3 in their entirety and inserting:

/   SECTION   2.   Subarticle 21, Article 30, Chapter 7, Title 20 of the 1976 Code is repealed upon the formation of the "Interstate Compact for Juveniles".

SECTION   3.   This act takes effect upon formation of the "Interstate Compact for Juveniles".     /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

AMENDMENT PROPOSED, OBJECTION

H. 3665 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA BILL OF RIGHTS DAY" BY ADDING SECTION 53-3-166 SO TO ESTABLISH DECEMBER FIFTEENTH OF EACH YEAR AS BILL OF RIGHTS DAY, AND TO ENCOURAGE ALL GOVERNMENTAL BODIES TO OBSERVE THE ANNUAL BILL OF RIGHTS DAY IN A MANNER THAT EMPHASIZES THE DOCUMENT'S MEANING AND IMPORTANCE.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Senators FORD and HUTTO proposed the following amendment (JUD3665.001):

Amend the bill, as and if amended, page 2, by striking line 1 in its entirety and inserting therein the following:

/   Labor Day, Veterans Day, Memorial Day, Martin Luther King, Jr. Day, and Thanksgiving, all     /

Amend title to conform.

Senator HUTTO explained the proposed amendment.

Senator KNOTTS objected to further consideration of the Bill.

ADOPTED

H. 4870 (Word version) -- Reps. Taylor, Duncan and M.A. Pitts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 221 IN LAURENS COUNTY FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 39 TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 72 THE "JOE B. MEDLOCK MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "JOE B. MEDLOCK MEMORIAL HIGHWAY".

The Concurrent Resolution was adopted, ordered returned to the House.

CARRIED OVER

S. 924 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 29-15-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIENS FOR REPAIRS OR STORAGE OF ARTICLES AND SALE OF ARTICLES, SO AS TO PROVIDE THAT PROPRIETORS, OWNERS, OR OPERATORS OF TOWING COMPANIES, STORAGE FACILITIES, GARAGES, OR REPAIR SHOPS WHO PROVIDE ESTIMATES FOR REPAIRS MAY CAUSE ARTICLES LEFT IN THEIR SHOPS FOR AN ESTIMATE OF REPAIRS TO BE SOLD BY A MAGISTRATE IN THE COUNTY WHERE THE ESTIMATE OF REPAIRS WAS DONE.

On motion of Senator CROMER, the Bill was carried over.

H. 4644 (Word version) -- Rep. Cooper: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGH SCHOOL LEAGUE TO SCHEDULE THE ANNUAL STATE HIGH SCHOOL FOOTBALL CHAMPIONSHIPS AT A FACILITY ON THE CAMPUS OF OTHER COLLEGES OR UNIVERSITIES WHICH MEET THE SAME SEATING CAPACITY AND OTHER CRITERIA AS THE WILLIAMS-BRICE STADIUM AT THE UNIVERSITY OF SOUTH CAROLINA IN ORDER TO EXPOSE THE PARTICIPANTS IN THE EVENT TO OTHER COLLEGES AND UNIVERSITIES IN WHICH THEY MAY BE INTERESTED IN ATTENDING.

Senator HAYES explained the Resolution.

On motion of Senator SETZLER, the Resolution was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED

On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.

RECALLED AND NONCONCURRENCE

H. 3402 (Word version) -- Reps. M.A. Pitts, Taylor, Owens, Duncan, Vick, Hardwick, Hagood, Ott, Ceips, Haley, Hiott, Limehouse, E.H. Pitts, G.R. Smith, Toole, Umphlett, Witherspoon, Chellis, Stewart, Mahaffey, Barfield, Huggins, Loftis, White, Clemmons, Walker, Littlejohn and Sinclair: A BILL TO AMEND SECTION 2-17-10 AND 8-13-1300, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN MATTERS RELATING TO CAMPAIGN PRACTICES AND IN MATTERS RELATING TO LOBBYISTS AND LOBBYING, RESPECTIVELY, INCLUDING THE DEFINITION OF LEGISLATIVE CAUCUS COMMITTEE, SO AS TO PROVIDE THAT SUCH A CAUCUS MAY BE CREATED BASED UPON A SPECIAL LEGISLATIVE INTEREST.

Senator McCONNELL asked unanimous consent to recall the Bill from the Committee on Judiciary.

There was no objection and the Bill was recalled from the committee.

Senator McCONNELL asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill, the question being the concurrence in the amendments proposed by the House.

On motion of Senator McCONNELL, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

  AMENDMENT PROPOSED, DEBATE INTERRUPTED

H. 4449 (Word version) -- Reps. Cotty, Harrell, Merrill, Walker, Ballentine, Limehouse, E.H. Pitts, Haley, Clark, Townsend, Altman, Anthony, Bailey, Bingham, Bowers, Cato, Ceips, Chellis, Clyburn, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Hagood, Harrison, Haskins, Herbkersman, Hinson, Leach, Littlejohn, Loftis, Mahaffey, Martin, Phillips, Pinson, M.A. Pitts, Rhoad, Sandifer, Scarborough, F.N. Smith, G.M. Smith, J.R. Smith, Thompson, Toole, Tripp, Umphlett, Vaughn, White, Whitmire, Young, Bales, Lucas, Kirsh, Huggins, Brady, Hamilton, McGee and Stewart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO IMPOSE AN ADDITIONAL TWO PERCENT SALES AND USE TAX, TO EXEMPT THE SALE OF UNPREPARED FOOD, TO PROVIDE AN ADDITIONAL EXEMPTION EQUAL TO ONE HUNDRED PERCENT OF THE FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY FROM THE PROPERTY TAX, TO PROVIDE FOR THE MANNER, AMOUNT, AND CONDITIONS UNDER WHICH REVENUES IN THE HOMESTEAD EXEMPTION FUND SHALL BE DISBURSED TO PROPERTY TAXING ENTITIES OF THIS STATE, TO ADD SECTION 4-9-56 SO AS TO LIMIT THE MILLAGE PROPERTY TAXING ENTITIES OF THIS STATE MAY IMPOSE ON PROPERTY OTHER THAN OWNER-OCCUPIED RESIDENTIAL PROPERTY, TO REPEAL SECTIONS 12-37-223A, 12-37-270, 12-43-217, 12-43-250, 12-43-260, AND 12-43-295, ALL RELATING TO PROPERTY TAX.
(ABBREVIATED TITLE)

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.

Amendment No. P-3B

Senators GROOMS, SHEHEEN and BRYANT proposed the following Amendment No. P-3B (4449R008.LKG):

Amend the committee amendment, as and if amended, by striking the amendment and inserting:

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

/   SECTION   1.   Chapter 36, Title 12 of the 1976 Code is amended by adding:

  "Article 11

Additional Sales, Use, and Casual Excise Tax

Section 12-36-1110.   An additional sales, use, and casual excise tax equal to two percent is imposed on amounts taxable pursuant to this chapter, except that this additional two percent tax does not apply to amounts taxed pursuant to Section 12-36-920, the tax on accommodations for transients."

SECTION   2.   Section 12-24-10 of the 1976 Code is amended to read:

"Section 12-24-10.   (A)   In addition to all other recording fees, a recording fee is imposed for the privilege of recording a deed in which any lands and all improvements on the land, tenements, or other realty is transferred to another person. The fee is one-dollar eighty-five cents for each five hundred dollars, or fractional part of five hundred dollars, of the realty's value as determined by Section 12-24-30.

(B)   In addition to all other recording fees and in addition to the fee described in subsection (A), there is imposed a recording fee for the privilege of recording a deed in which any lands and all improvements on the land, tenements, or other realty is transferred to another person. The additional fee is one dollar eighty-five cents for each five hundred dollars, or fractional part of five hundred dollars of the realty's value as determined by Section 12-24-30. Notwithstanding another provision of this chapter to the contrary, this additional recording fee imposed in this subsection must be deposited in the School Trust Fund established by Section 11-11-155."

SECTION   3.   Article 1, Chapter 37, Title 12 of the 1976 Code is amended by adding:

"Section 12-37-130.   (A)   In addition to all other property taxes imposed by law, there is imposed on all taxable property for every property tax year a property tax at the rate of forty-two mills. The revenue of this additional property tax must be remitted to the State Treasurer on the schedule and in the manner he directs and credited to the School Trust Fund established pursuant to Section 11-11-155. This additional property tax does not apply to residential real property described in Section 12-43-220(c).

(B)   To the extent the millage imposed pursuant to subsection (A) of this section exceeds the millage imposed in a school district for school operations for fiscal year 2005-2006, there is allowed as a credit against the tax attributable to this millage an amount equal to the tax attributable to the difference in the millage rates."

SECTION   4.   Article 1, Chapter 33 of Title 12 is amended by adding:

"Section 12-33-80.   A surtax is levied on each license, excise, sales, or other tax or surtax on beer, wine, and alcoholic liquors provided by this Title equal to each specific tax. This additional tax must be must be reported, paid, collected, and enforced in the same manner as each specific tax or surtax on beer, wine, and alcoholic liquors provided by this Title. The revenue collected pursuant this section must be credited to the School Trust Fund established pursuant to Section 11-11-155."

SECTION   5.   Article 5, Chapter 21, Title 12 of the 1976 Code is amended by adding:

"Section 12-21-630.   (A)   In addition to the license tax imposed pursuant to Section 12-21-620(1), there is imposed on all cigarettes made of tobacco or any substitute for tobacco an additional license tax equal to 4.65 cents on each cigarette.

(B)   The additional license tax imposed pursuant to subsection (A) must be reported, paid, collected, and enforced in the same manner as the license tax imposed pursuant to Section 12-21-620(1). The revenue collected pursuant to this section must be credited to the School Trust Fund established pursuant to Section 11-11-155."

SECTION   6.   Section 12-37-450 of the 1976 Code is amended to read:

"Counties and municipalities School districts must be reimbursed for the revenue lost by counties and municipalities as a result of the business inventory tax exemption based on the 1987 tax year millage and 1987 tax year assessed value of inventories in the counties and municipalities. If an amount of reimbursement to a political subdivision within a county is attributable to a separate millage for debt service for any purpose, when that debt is paid, the appropriate reimbursement amount must be redistributed proportionately to the other separate millages levied by the political subdivision within the county for the 1987 tax year. There is credited annually as provided in Section 11-11-150 to the School Trust Fund for Tax Relief ,established pursuant to Section 11-11-155, whatever amount is necessary to reimburse school districts fully all for the revenue lost by counties and municipalities the required amount. The Comptroller General shall make remittances of this reimbursement to school districts as provided in Section 11-11-155 counties and municipalities in four equal payments.

Notwithstanding any other provision of law, business inventory exempted from property taxation in the manner provided in this section is considered taxable property in an amount equal to the 1987 tax year assessed valuation for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State and for purposes of computing the "index of taxpaying ability" pursuant to item (3) of Section 59-20-20.

Where a portion of a special purpose district is annexed to a municipality, and its service functions in the annexed area are assumed by the municipality, the total amount remitted to the county and municipality under this section shall not exceed the total amount which would be remitted to the two entities separately. However, the assessed valuation and special purpose district tax levy for tax year 1987 with respect to the annexed portion of the special purpose district must be taken into consideration in determining the proportionate share of the total allocation due to the county and the municipality."

SECTION   7.   Section 12-37-935(B) of the 1976 Code is amended to read:

"(B)   Annually as provided in Section 11-11-150, there is credited to the School Trust Fund for Tax Relief ,established pursuant to Section 11-11-155, an amount sufficient to reimburse school districts for all local taxing entities the amount of revenue not collected by local taxing entities as a result of the additional depreciation more than eighty percent allowed for manufacturer's machinery and equipment pursuant to this section. No reimbursement is allowed for any depreciation allowed in connection with custom molds and dies used in the conduct of manufacturing electronic interconnection component assembly devices for computers and computer peripherals and equipment used in the manufacture of tires by manufacturers who employ more than five thousand employees in this State and have over one billion dollars in capital investment in this State. Reimbursements must be paid from the fund in the manner provided in Section 11-11-155 12-37-270, mutatis mutandis."

SECTION   8.   Section 11-11-150(A) of the 1976 Code is amended to read:

"(A)   In calculating estimated state individual and corporate income tax revenues for a fiscal year the Board of Economic Advisors shall deduct amounts sufficient to pay the reimbursement required pursuant to:

(1) Section 12-37-251 for the residential property tax exemption;

(2) Section 12-37-270 for the homestead exemption for persons over age sixty-five or disabled;

(3) Section 12-37-935(B) for manufacturer's additional depreciation;

(4) Section 12-37-450 for the inventory tax exemption; and

(3 5) Section 4-10-540(A) for the reimbursement provided for personal property taxes not collected on private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors."

SECTION   9.   Section 12-36-2110(A) of the 1976 Code, as last amended by Act 283 of 2000, is further amended to read:

"Section 12-36-2110.   (A)   The maximum tax imposed by this chapter is three hundred nine hundred dollars for each sale made or lease executed after June 30, 1984, or lease executed after August 31, 1985 2006, of each:

(1)   aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;

(2)   motor vehicle;

(3)   motorcycle;

(4)   boat;

(5)   trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, and horse trailers but not including house trailers or campers as defined in Section 56-3-710;

(6)   recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or

(7)   self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower.

In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals three hundred nine hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must be in writing and specifically state the term of, and remain in force for, a period in excess of ninety continuous days. "

SECTION   10.   Items (8), (11), (13), (14), (20), (26), (35), (37), (49), (53), (54), (55), and (58) of Section 12-36-2120 of the 1976 Code are amended to read:

"(8)   newsprint paper, newspapers, and religious publications, including the Holy Bible and the South Carolina Department of Agriculture's The Market Bulletin;

(11)[Reserved](a)   toll charges for the transmission of voice or messages between telephone exchanges;

(b)   charges for telegraph messages;

(c)   carrier access charges and customer access line charges established by the Federal Communications department or the South Carolina Public Service department; and

(d)transactions involving automatic teller machines;

(13)   [Reserved]fuel, lubricants, and supplies for use or consumption aboard ships in intercoastal trade or foreign commerce. This exemption does not exempt or exclude from the tax the sale of materials and supplies used in fulfilling a contract for the painting, repair or reconditioning of ships and other watercraft;

(14)   [Reserved]wrapping paper, wrapping twine, paper bags, and containers, used incident to the sale and delivery of tangible personal property;

(20)   [Reserved]railroad cars, locomotives, and their parts, monorail cars, and the engines or motors that propel them, and their parts;

(26)   [Reserved]all supplies, technical equipment, machinery, and electricity sold to radio and television stations, and cable television systems, for use in producing, broadcasting, or distributing programs. For the purpose of this exemption, radio stations, television stations, and cable television systems are deemed to be manufacturers;

(35)   [Reserved]motion picture film sold or rented to or by theaters;

(37)   [Reserved]petroleum asphalt products, commonly used in paving, purchased in this State, which are transported and consumed out of this State;

(49)   [Reserved]postage purchased by a person engaged in the business of selling advertising services for clients consisting of mailing, or directing the mailing of, printed advertising material through the United States mail directly to the client's customers or potential customers or by a person to mail or direct the mailing of printed advertising material through the United States mail to a potential customer;

(53)   [Reserved]motor vehicle extended service contracts and motor vehicle extended warranty contracts.

(54)   [Reserved]clothing and other attire required for working in a Class 100 or better as defined in Federal Standard 209E clean room environment.

(55)   [Reserved]audiovisual masters made or used by a production company in making visual and audio images for first generation reproduction. For purposes of this item:

(a)   'Audiovisual master' means an audio or video film, tape, or disk, or another audio or video storage device from which all other copies are made.

(b)   'Production company' means a person or entity engaged in the business of making motion picture, television, or radio images for theatrical, commercial, advertising, or education purposes.;

(58)   [Reserved]cooperative direct mail promotional advertising materials delivered by means of interstate carrier, a mailing house, or a United States Post Office to residents of this State from locations both inside and outside the State. For purposes of this item, "cooperative direct mail promotional advertising materials" means discount coupons, advertising leaflets, and similar printed advertising, including any accompanying envelopes and labels which are distributed with promotional advertising materials of more than one business in a single package to potential customers, at no charge to the potential customer, of the businesses paying for the delivery of the material."

SECTION   11.   Chapter 11, Title 11 of the 1976 Code is amended by adding:

"Section 11-11-155.   (A)   For each fiscal year, the revenue from the tax imposed pursuant to Section 12-36-1110, the revenue derived from the additional deed transfer fee imposed pursuant to Section 12-24-10(B), the revenue of the property tax imposed pursuant to Section 12-37-130, the additional surtax imposed on beer, wine, and alcoholic liquors pursuant to Section 12-33-80, the additional tax on cigarettes imposed pursuant to Section 12-21-630, the amount credited pursuant to Sections 12-37-450 and 12-37-935(B), and all estimated additional sales, use, and casual excise tax revenue collected as a result of tax exemptions and tax caps deleted, revised, or repealed effective July 1, 2006, as determined by the Board of Economic Advisors, are automatically credited to a fund separate and distinct from the state general fund known as the 'School Tax Millage Exemption Trust Fund' (the School Trust Fund). Notwithstanding the provisions of Section 59-21-1010(A), the amount that would be credited to the general fund must be credited to the School Trust Fund. Notwithstanding the provisions of Section 59-21-1010(B), the amount that would be credited to the Education Improvement Act Fund must be credited to the School Trust Fund. The Board of Economic Advisors shall account for the School Trust Fund revenue separately from general fund revenues in reports to the Governor and the General Assembly. No portion of these revenues are credited to the Education Improvement Act (EIA) Fund.

(B)   An unexpended balance in the School Trust Fund at the end of a fiscal year must remain in the School Trust Fund.

(C)   Earnings on the School Trust Fund must be credited to the School Trust Fund.

(D)   Nothing in this section prohibits appropriations by the General Assembly of additional revenues to the School Trust Fund."

SECTION   12.   Article 25, Chapter 6 of the 1976 Code is amended by adding:

"Section 12-6-   3335.   (A)   As used in this section:

(1)   'Adjusted gross income' means adjusted gross income for federal income tax purposes reported by a property taxpayer in a taxable year to which must be added such income of other individuals in the household if not included in the federal adjusted gross income of the property taxpayer.

(2)   'Household' means the taxpayer's spouse and any dependent over the age of eighteen residing with the taxpayer in the residence.

(3)   'Residence' means residential real property classified for property tax purposes pursuant to Section 12-43-220(c).

(B)   There is allowed as a credit against the tax imposed pursuant to Section 12-6-510 on a resident individual taxpayer a sum equal to the amount by which property tax paid during the taxable year by the taxpayer on the taxpayer's residence exceeds two percent of the taxpayer's adjusted gross income as defined in subsection (A)(1) of this section. After all other applicable credits have been applied, if the credit allowed pursuant to this section exceeds the state individual income tax liability of the claimant, the difference must be refunded to the claimant.

(C)   A copy of the treasurer's receipt for the property tax paid must accompany the claim for the credit allowed pursuant to this section, together with other information the department may require for the proper administration of this credit.

(D)   If a resident individual taxpayer or member of that taxpayer's household is not required to file a federal and South Carolina individual income tax return, the department shall prescribe abbreviated forms for the calculation of adjusted gross income which may be used by the claimant to claim the credit allowed by this section, and these separate forms are considered state individual income tax returns for all purposes.

(E)   Regardless of the amount of property taxes paid or number of residences occupied by a claimant during the applicable taxable year, the credit allowed pursuant to this section only extends to property taxes paid on one residence."

SECTION   13.   Chapter 37 of Title 12 of the 1976 Code is amended by adding:

"Section 12-37-253.   (A)   The fair market value of all property classified pursuant to Section 12-43-220 is exempt from taxes imposed for school operating purposes. In the case of real property classified pursuant to Section 12-43-220(c), any remaining fair market value, after the exemption allowed pursuant to Section 12-37-250 and Section 12-37-251 is applied, otherwise subject to tax is exempt from all taxes imposed for school operating purposes. This section does not exempt the fair market value of property classified pursuant to Section 12-43-220 for taxes imposed for:

(1)   bonded indebtedness for capital construction;

(2)   to make payments pursuant to a lease purchase agreement or other financing instrument for capital construction; and

(3)   county and municipal operations.

(B)   School districts must be reimbursed monthly from revenues credited to the School Trust Fund established pursuant to Section 11-11-155 for a fiscal year for revenue not received because of the exemptions allowed by this section. Reimbursements must be remitted to each school district based on the district's portion of the total weighted per pupil population for all districts based on the following weights:

(1)   Kindergarten                                 1.30

(2)   Primary                                     1.24

(3)   Elementary                                   1.00

(4)   High school                                   1.25

(5)   Trainable Mentally Handicapped                 2.04

(6)   Speech Handicapped                           1.90

(7)   Homebound                                 2.10

(8)   Emotionally Handicapped                       2.04

(9)   Educable Mentally Handicapped                 1.74

(10)   Learning Disabilities                           1.74

(11)   Hearing Handicapped                           2.57

(12)   Visually Handicapped                         2.57

(13)   Orthopedically Handicapped                     2.04

(14)   Vocational (Grades 9-12)                       1.29

(15)   Autism                                       2.57

(16)   Qualify for Free or Reduced Lunch or Medicaid     1.30

The weighted per pupil population for each district must be determined by multiplying the average daily membership for each classification by the weight assigned to that classification and adding the totals for each classification.

(C)   Notwithstanding any other provision of law, property exempted from property taxation in the manner provided in this section is considered taxable property for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State and for purposes of computing the 'index of taxpaying ability' pursuant to Section 59-20-20(3).

(D)   The exemption provided by this section applies for property taxes imposed by any property taxing entity if the revenues of taxes imposed by the entity are used directly or indirectly for school operations. Except, a property taxing entity may levy property taxes for school operations to compensate for the difference for any year that the property taxing entity would receive less revenue for school operations pursuant to this section than the property taxing entity collected in property tax year 2006 adjusted annually by a factor equal to the growth in the amount of annual revenue over the prior year credited to the School Trust Fund as determined by the Board of Economic Advisors. Any property tax levied pursuant to this subsection must not be levied against residential real property described in Section 12-43-220(c).

(E)   In a county area in which is imposed the local option sales tax (LOST) pursuant to Article 1, Chapter 10 of Title 4 on or after July 1, 2005, where the credits allowed pursuant to that article exceed the property tax to which the credit applies, then the excess credit is deemed a distribution from the LOST County/Municipal Revenue Fund."

SECTION   14.   This act takes effect January 1, 2007. For purposes of the tax exemption allowed and property tax imposed pursuant to Sections 12-37-253 and 12-37-130 of the 1976 Code as added by this act, apply for property tax years beginning after 2006 and motor vehicle tax years beginning after June 30, 2007. The income tax credit provided by Section 12-6-3335 applies beginning with tax year 2006. / //

Renumber sections to conform.

Amend title to conform.

Senator GROOMS explained the amendment.

On motion of Senator McCONNELL, with unanimous consent, debate was interrupted by adjournment, with Senator GROOMS retaining the floor.

  STATEWIDE APPOINTMENTS
Confirmations

Having received a favorable report from the Committee on Banking and Insurance, the following appointments were confirmed in open session:

Statewide Appointments

Initial Appointment, South Carolina State Board of Financial Institutions, with term to commence June 30, 2002, and to expire June 30, 2006

Licensed Consumer Finance:

Jonathan Foster, 109 Red Berry Lane, Easley, S.C. 29642 VICE William Sachs

Reappointment, South Carolina State Board of Financial Institutions, with term to commence June 30, 2006, and to expire June 30, 2010

Licensed Consumer Finance:

Jonathan Foster, 109 Red Berry Lane, Easley, S.C. 29642

Initial Appointment, South Carolina State Board of Financial Institutions, with term to commence June 30, 2004, and to expire June 30, 2008

SC Bankers Association - Banker:

Mr. J. Neal Anderson, Anderson Brothers Bank, P. O. Box 400, Hemingway, S.C. 29554 VICE Herbert Watts

Reappointment, South Carolina State Board of Financial Institutions, with term to commence June 30, 2004, and to expire June 30, 2008

Credit Unions:

Rick Hammond, President and CEO, SC State Credit Union, P. O. Box 726, Columbia, S.C. 29202 VICE FMC Fralix

Initial Appointment, South Carolina State Board of Financial Institutions, with term to commence June 30, 2005, and to expire June 30, 2009

SC Bankers Association - Banker:

Rick Saunders, Board of Financial Institutions, 2170 West Palmetto St., Florence, S.C. 29569 VICE Paul Stringer

Having received a favorable report from the Committee on Education, the following appointments were confirmed in open session:

Initial Appointment, John De La Howe School Board of Trustees, with term to commence April 1, 2004, and to expire April 1, 2009

At-Large:

Swain E. Whitfield, 111 Howell Rd., Blythewood, S.C. 29016 VICE Cordes Seabrook

Reappointment, John De La Howe School Board of Trustees, with term to commence April 1, 2005, and to expire April 1, 2010

At-Large:

Alan D. Gardner, P. O. Box 695, Newberry, S.C. 29108 VICE Sylvester E. Williams

Initial Appointment, John De La Howe School Board of Trustees, with term to commence April 1, 2003, and to expire April 1, 2008

At-Large:

Josh Brown, Merrill Lynch, 300 North Main Street, Suite 301, Greenville, S.C. 29601 VICE Ronald Lee Carter/James Strom

Initial Appointment, South Carolina State Commission on Higher Education, with term to commence July 1, 2004, and to expire July 1, 2008

At-Large:

Kenneth B. Wingate, Sweeny, Wingate and Barrow, P. A., P. O. Box 12129, Columbia, S.C. 29211 VICE Carl Solomon

Initial Appointment, South Carolina State Commission on Higher Education, with term to commence July 1, 2006, and to expire July 1, 2008

Research Institutions:

Dr. Louis B. Lynn, ENVIRO AgScience, P.O. Box 23285, Columbia, S.C. 29224 VICE Miles Loadholt

Initial Appointment, South Carolina State Commission on Higher Education, with term to commence July 1, 2006, and to expire July 1, 2008

Four Year Institutions, Ex-Officio:

Col. John T. Bowden, Jr., 3982 Creekmore Dr., Orangeburg, S.C. 29118 VICE Larry Durham

Reappointment, South Carolina Department of Archives and History, with term to commence June 30, 2004, and to expire June 30, 2009

At-Large:

William R. Bauer, 823 Calhoun St., Columbia, S.C. 29201

Having received a favorable report from the General Committee, the following appointment was confirmed in open session:

Reappointment, South Carolina Commission for the Blind, with term to commence May 19, 2006, and to expire May 19, 2010

1st Congressional District:

Charlene M. Grice, M. D., 834 Pitt Street, Mt. Pleasant, S.C. 29464

Having received a favorable report from the Committee on Judiciary, the following appointments were confirmed in open session:

Initial Appointment, South Carolina State Ethics Commission, with term to commence June 30, 2003, and to expire June 30, 2008

5th Congressional District:

Robert A. Bruce, Kanawha Insurance Co., 210 South White Street, Lancaster, S.C. 29720 VICE Duane Hanson (resigned)

Initial Appointment, South Carolina State Commission for Minority Affairs, with term to commence June 30, 2005, and to expire June 30, 2009

1st Congressional District:

Fred Lincoln, 133 Sarah Lincoln Road, Wando, S.C. 29492 VICE Thaddeus Bell

Initial Appointment, South Carolina Crime Victims' Advisory Board, with term to commence August 1, 2003, and to expire August 1, 2008

Physician:

Allison L. Harvey, 532 Water Garden Court, Irmo, S.C. 29063 VICE H. Gratin Smith

Initial Appointment, South Carolina Crime Victims' Advisory Board, with term to commence August 1, 2005, and to expire August 1, 2010

Attorney:

Rebecca C. Patrick, Rogers Townsent and Thomas, PC, 700 Gervais Street, Suite 100, VICE Christine Olle Sloan

Having received a favorable report from the Committee on Labor, Commerce and Industry, the following appointments were confirmed in open session:

Initial Appointment, South Carolina State Board of Barber Examiners, with term to commence June 30, 2003, and to expire June 30, 2007

Master:

Marian S. Tew, 106 Edith Dr., Taylors, S.C. 29687 VICE William D. Norris

Reappointment, Advisory Panel for Massage/Bodywork, with term to commence June 30, 2005, and to expire June 30, 2009

Therapist:

Kim Brewer, Massage Therapy, Inc., P. O. Box 22215, Hilton Head, S.C. 29925

MOTION ADOPTED

On motion of Senator RITCHIE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Michael Bartosh, Public Defender of Spartanburg, S.C.

ADJOURNMENT

At 1:45 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet Monday, April 17, 2006, at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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