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| (3) Owners of property exempt under Section 12-37-220B(26) and (27) and churches which own motor vehicles shall file an application for exemption within sixty days before or within thirty days after the date on which the motor vehicle was registered or the registration renewal date.
Thereafter, except as provided in item (2), the owner is not required to file
an additional application, unless there is a change in the status of the
property as reported on the initial application or unless requesting an
exemption for property which was not included on the initial or subsequent
application. Applications for exemption are not required for properties
owned by the United States Government or those exempt properties enumerated in
Section 12-37-220(A)(1), (5), (6), (10), and (B)(9), (13), (14), (15), (17),
(23), (25), and (30).
(B) The provisions of subsection (A) of this section do not apply in
the case of properties owned by the United States Government or those exempt
properties enumerated in Section 12-37-220A(1), (5), (9), and (10) and B(9),
(13), (14), (15), (23), (25), and (30).
(B) If a taxpayer files a property tax return listing property as exempt, that listing is considered an application for exemption from property taxes.
(C) A taxpayer who is required to file property tax returns with the department shall claim any exemption on the return each year the property is exempt.
(D) Except for the requirement in subsection (C), the owner is not required to file more than one application for each exemption, unless there is a change in the status of the property as reported in the initial application or unless requesting an exemption for property which was not included in the initial or subsequent application."
B. If the South Carolina Revenue Procedures Act is enacted during the 1995 session of the General Assembly, Section 12-4-720(A)(1) of the 1976 Code, as amended by subsection A of this section, is further amended to
"(1) Except as otherwise provided any property owner whose property may qualify for property exemption shall file an application for exemption with the department within the period provided in Section 12-47-440 12-54- 85(F) for claims for refund. This item does not relieve the taxpayer of any responsibility to file timely and accurate property tax returns."
SECTION 3. A. That portion of subsection (A) of Section 12-37-220 of the 1976 Code which precedes item (1) is amended to read:
"Pursuant to the provisions of Section 3 of Article X of the State Constitution and subject to the provisions of Section 12-4-720, there shall be is exempt from ad valorem taxation:"
B. That portion of subsection (B) of Section 12-37-220 of the 1976 Code which precedes item (1) is amended to read:
"In addition to the exemptions provided in subsection A (A), the following classes of property shall be are exempt from ad valorem taxation subject to the provisions of Section 12-3-145 12-4-720;"
C. Section 12-37-220(B)(27) of the 1976 Code, as last amended by Act 516 of 1994, is further amended to read:
"(27) Two personal motor vehicles, owned or leased either solely or jointly by persons required to use wheelchairs, who qualify for which special license tags have been issued by the Department of Revenue and Taxation under the provisions of Section 56-3-1910."
D. Section 12-37-220(B) of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) one personal motor vehicle owned or leased by a legal guardian of a minor who is blind or required to use a wheelchair when the vehicle is used to transport the minor."
SECTION 4. A. Section 12-37-220(B) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) Boats and motors valued below the amount determined by the county auditor necessary to generate a tax bill equal to fifteen dollars."
B. This section takes effect upon approval by the Governor and applies for property tax years beginning after 1995.
SECTION 5. This act takes effect upon approval by the Governor.
Rep. SHEHEEN explained the amendment.
Rep. ROBINSON spoke against the amendment and moved to table the
amendment.
Those who voted in the affirmative are:
Cain Cato Chamblee Cooper Dantzler Davenport Easterday Fair Fleming Fulmer Hallman Harrison Herdklotz Keegan Kelley Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason Meacham Quinn Rice Riser Robinson Sandifer Seithel Simrill Smith, R. Tripp Trotter Vaughn Waldrop Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Askins Baxley Brown, J. Byrd Carnell Cave Clyburn Cobb-Hunter Cotty Cromer Delleney Elliott Gamble Govan Harris, J. Harris, P. Harvin Hines Hodges Hutson Inabinett Keyserling Kinon Kirsh Lloyd McElveen McMahand McTeer Moody-Lawrence Neal Neilson Rhoad Rogers Scott Sheheen Shissias Spearman Stille Stuart Townsend Tucker
Walker Wilder Wilkes Williams
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was rejected by a division vote of 48 to 48.
Rep. SHEHEEN spoke against the Senate amendments.
Rep. ROBINSON spoke in favor of the Senate amendments.
Rep. SHEHEEN moved to adjourn debate upon the Senate amendments until January 10.
Rep. ROBINSON moved to table the motion.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Cain Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Elliott Fair Felder Fleming Fulmer Gamble Hallman Harrison Harvin Haskins Huff Hutson Keegan Kelley Klauber Knotts Koon Lanford Law Limbaugh Limehouse Marchbanks Mason Meacham Quinn Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Tripp Trotter Tucker Vaughn Waldrop Wells Whatley Wilkins Witherspoon
Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Baxley Beatty Breeland Brown, G. Brown, J. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Delleney Govan Harris, J. Harris, P. Hines Hodges Howard Inabinett Jennings Kennedy Keyserling Kinon Kirsh Littlejohn Lloyd McAbee McElveen McMahand McTeer Moody-Lawrence Neal Neilson Rhoad Richardson Rogers Scott Sheheen Shissias Spearman Stille Stuart Walker Whipper, L. Whipper, S. White Wilder Wilkes Williams Worley
So, the motion to adjourn debate was tabled.
The question then recurred to the motion to concur in the Senate amendments.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Cain Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Elliott Fair Felder Fleming
Fulmer Gamble Hallman Harrison Harvin Haskins Herdklotz Huff Hutson Keegan Kelley Kennedy Klauber Knotts Koon Lanford Law Limbaugh Limehouse Marchbanks Mason Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Thomas Tripp Trotter Tucker Vaughn Waldrop Wells Whatley Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Allison Anderson Askins Baxley Breeland Brown, G. Brown, J. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Delleney Govan Harris, J. Harris, P. Hines Hodges Howard Inabinett Jennings Keyserling Kinon Kirsh Littlejohn Lloyd McAbee McElveen McMahand McTeer Moody-Lawrence Neal Neilson Rhoad Rogers Scott Sheheen Shissias Spearman Stille Stuart Walker Whipper, L. Whipper, S. White Wilder Wilkes Williams Worley
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3135 -- Reps. Hodges, Tucker, Knotts, Inabinett, Baxley and Whatley: A
BILL TO AMEND SECTION 23-28-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING
TO THE APPOINTMENT OF RESERVE POLICE OFFICERS, SO AS TO AUTHORIZE THE CHIEF,
WITH THE APPROVAL OF THE MUNICIPALITY, TO PROVIDE FOR THE COMPENSATION OF
RESERVE POLICE OFFICERS.
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 therein the following:
SECTION 1. Section 23-28-20 of the 1976 Code is amended to read:
"Section 23-28-20. (A) The chief may, in his discretion, or sheriff may appoint such number of reserve police officers as may be needed but not exceeding the number of regular full-time officers of his department. The number of full-time officers shall may not be decreased because of the institution or expansion of a reserve force. Each period of time reserves shall serve shall must be determined and specified by the chief or sheriff in writing. The powers and duties of reserves shall must be prescribed by the chief or sheriff and they shall be are subject to removal by him at any time.
(B) The chief or sheriff, with the approval of the governing body, also shall allow for the compensation of reserve police officers for work done pursuant to Section 23-24-10 when compensation for approved public activities would be paid by a party other than the municipality or county. Reserve officers must be paid for approved public activities the same as off-duty police officers. Work performed for compensation must be in excess of the minimum logged service time required by Section 23-28-70.
(C) Before assuming their duties reserves shall must:
(A)(1) take the oath of office required by law.;
(B)(2) be bonded in an amount determined by the governing body of the county, municipality, or other political entity which shall may be not less than one thousand, five hundred dollars.;
(C)(3) successfully complete a course of training specified by the South Carolina Law Enforcement Training Advisory Council and endorsed by the chief or sheriff who appoints them."
SECTION 2. Section 23-28-70 of the 1976 Code is amended to read:
"Section 23-28-70. Reserves shall serve and function as law enforcement officers only on specific orders and directions of the chief or sheriff. To maintain status, reserves shall maintain a minimum logged service time of twenty hours per month or sixty hours per quarter.
Each reserve shall be in proximate contact, by radio or otherwise, with the full-time officer to whom he is assigned While performing in any capacity as a reserve, a reserve police officer at all times must be accompanied by a full-time certified South Carolina police officer. Reserves shall in no case assume full-time duties of law enforcement officers without complying with all requirements for full-time officers.
Each department utilizing reserves shall have one full-time officer as coordinator-supervisor who shall must be responsible directly to the chief or sheriff."
SECTION 3. Item 1 of Section 16-23-20 of the 1976 Code, as last amended by Section 274, Act No. 181 of 1993, is further amended to read:
"(1) Regular, salaried law enforcement officers and reserve police
officers of a municipality, or county of the State,
uncompensated Governor's constables, law enforcement officers of the federal
government or other states when they are carrying out official duties while in
this State, and deputy enforcement officers of the Natural Resources
Enforcement Division of the Department of Natural Resources within their
territorial jurisdictions, and reserve police officers while serving and
functioning as law enforcement officers as authorized by Section 23-28-10 et
seq."
Amend title to conform.
/s/Glenn F. McConnell /s/Dave C. Waldrop, Jr.
/s/Holly A. Cork /s/Floyd Breeland
C.K. "Greg" Gregory/s/Michael S. "Mickey" Whatley
On Part of the Senate.On Part of the House.
Rep. WALDROP explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. J. BROWN moved that the House recede until 2:00 P.M., which was adopted.
At 2:00 P.M. the House resumed, the SPEAKER in the Chair.
The House stood at ease subject to the call of Chair.
At 3:15 P.M. the House resumed, the SPEAKER in the Chair.
Rep. JENNINGS moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
S. 101 -- Senators Leventis, Ryberg, Rose, Giese and Elliott: A BILL TO AMEND SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S JURISDICTION OVER CERTAIN CRIMINAL OFFENSES AND A MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST A MAGISTRATE SENTENCING ANY PERSON TO CONSECUTIVE TERMS OF IMPRISONMENT TOTALING MORE THAN NINETY DAYS DOES NOT APPLY TO SENTENCES FOR CONVICTIONS RESULTING FROM A VIOLATION OF CHAPTER 11 OF TITLE 34 PERTAINING
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Cain Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Delleney Easterday Elliott Fair Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harvin Haskins Herdklotz Hodges Howard Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Mason McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whipper, L. Whipper, S. White Wilder
Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
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| Printed Page 4590, June 1
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