| Printed Page 2110, Apr. 30 | Printed Page 2130, Apr. 30 |

The Senate resumed consideration of the Bill. The question being the third reading of the Bill.

Senator J. VERNE SMITH proposed the following Amendment No. 65 (SBD\97.014), which was adopted:

Amend the bill, as and if amended, Part IB, Section 18M, Medical University of South Carolina, page 506, Proviso 18M.5, line 9 by striking lines 9 through 18 and inserting the following:
18M.5. (MUSC: AHEC Rural Physicians Recruitment Program) The funds appropriated to the Medical University of South Carolina for the "rural physician program" shall be administered by the SC AHEC Physician recruitment office. The Medical University of South Carolina shall be responsible for the fiscal management of funds to ensure that state policies and guidelines are adhered to. A legislatively appointed Board is hereby created to manage and allocate these funds in the best interests of the citizens of South Carolina. The Board will be composed of the following: The Executive Director, or his designee, of the USC School of

Senator J. VERNE SMITH explained the amendment.

Senator J. VERNE SMITH moved that the amendment be adopted.

The amendment was adopted.

On motion of Senator MESCHER, at 3:00 P.M., Senator ROSE was granted a leave of absence for the balance of the day.

Senator LAND proposed the following Amendment No. 35 (JIC\5934HTC.96), which was adopted:

Amend the bill, as and if amended, Part 1B, SECTION 34, Department of Public Safety, page 540, by adding an appropriately numbered paragraph at the end to read:

/34. (DPS: Transfer of Funds) Of amounts appropriated for the Department of Public Safety, an amount equal to one hundred thousand dollars must be transferred to Midlands Technical College for the Motorcycle Rider Safety Education Program./

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Senator ELLIOTT proposed the following Amendment No. 55 (JIC\5940HTC.96), which was tabled:

Amend the bill, as and if amended, Part II, Permanent Provisions, SECTION 5, page 584, by striking subsections B and C on lines 35 through 42 and inserting:

/B. This section takes effect July 1, 1996./

Amend sections, totals and title to conform.

Senator ELLIOTT explained the amendment.

Senator DRUMMOND spoke on the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Senator ELLIOTT proposed the following Amendment No. 56 (JIC\5942HTC.96), which was tabled:

Amend the bill, as and if amended, Part II, SECTION 5, page 584, by striking lines 31 through 42 and inserting:

/levied and provided for in this chapter must be distributed as follows: nine and thirty-four hundredths cents on each gallon must be turned over to the Department of Transportation for the purpose of that department, and one cent a gallon must be deposited to the credit of the general fund of the State a separate fund styled the `New Highway Construction Trust Fund', proceeds of which must be used as state matching funds to obtain federal matching funds for new highway construction and also directly for new highway construction."

B. This section takes effect July 1, 1996./

Amend sections, totals and title to conform.

Senator ELLIOTT explained the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Senator ELLIOTT proposed the following Amendment No. 57 (JIC\5943HTC.96), which was tabled:

Amend the bill, as and if amended, Part II, SECTION 5, page 584, by striking lines 35 through 42 and inserting:

Amend sections, totals and title to conform.

Senator ELLIOTT explained the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Senator ELLIOTT proposed the following Amendment No. 58 (JIC\5944HTC.96), which was tabled:

Amend the bill, as and if amended, Part II, SECTION 5, page 584, by striking lines 31 through 42 and inserting:

/levied and provided for in this chapter must be distributed as follows: nine and thirty-four hundredths cents on each gallon must be turned over to the Department of Transportation for the purpose of that department, and one cent a gallon must be deposited to the credit of the general fund of the State a separate fund styled the `New Highway Construction Trust Fund', proceeds of which must be used as state matching funds to obtain federal matching funds for new highway construction and also directly for new highway construction."

B. This section takes effect January 1, 1997./

Amend sections, totals and title to conform.

Senator ELLIOTT explained the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Senator DRUMMOND, with unanimous consent, was granted leave to address brief remarks to the body.

Senator CORK proposed the following Amendment No. 37A (4600R541.HAC), which was adopted:

Amend the bill, as and if amended, Part II, Section 8, page(s) 586-587, by striking line(s) 21 on page 586 through 41 on page 587, subsections C and D, in their entirety and inserting in lieu thereof the following:

/"C. Section 61-9-312 of the 1976 Code, as amended by Section 75A, Part II, Act 145 of 1995, is further amended to read:

(B) Revenue generated by the fees must be credited to the general fund of the State except that revenue generated by the fees within a county where a federal military base or installation has been closed, or is designated to be closed and where the federal facility has reduced its permanent civilian employment by three thousand seven hundred fifty or more jobs after December 31, 1990, for a period of ten years after the effective date of Chapter 12 of Title 31, must be credited to a special separate and distinct account with the Budget and Control Board for support of a redevelopment authority created therein pursuant to Chapter 12 of Title 31. All other requirements for retail permits provided in Section 61-9-310 apply to the special permits authorized by this section.

(C) (1) Immediately following the dissolution of a redevelopment authority pursuant to Section 31-12-100(A), the fees distributed to the dissolved redevelopment authority pursuant to subsection (B) must be distributed to the municipality or county in which the retailer who paid the fee is located. The revenue may only be used by the municipality or county for the following purposes:

(a) capital improvements to tourism-related buildings including, but not limited to, civic centers, convention centers, coliseums, aquariums, stadiums, marinas, parks, and recreational facilities;

(b) purchase or renovation of buildings which are historic properties as defined in Section 60-12-10(4) and (5);

(c) festivals which have a demonstrable and significant impact on tourism;

(d) acquiring fee and less than fee interest in land while it is still available to be held in perpetuity as wildlife preserves or believed to be needed by the public in the future for active and passive recreation uses and scenic easements, to include the following types of land: ocean, harbor, and pond frontage in the form of beaches, dunes, and adjoining backlands; barrier beaches; fresh and saltwater marshes and adjoining uplands; land for bicycle baths; land protecting existing and future; public water supply, well fields, highway buffering and aquifer recharge areas;

(2) The revenue may not be used for operating expenses of tourism-related buildings."

D. Section 61-5-180 of the 1976 Code, as last amended by Section 1584 of Act 181 of 1993, is further amended to read:

"Section 61-5-180. (A) In addition to the provisions of Section 61-5-85, the department may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less. This permit is valid for a period not to exceed twenty-four hours and may be issued only to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales. The department shall charge a nonrefundable filing fee of one hundred dollars for processing each application and a daily permit fee of fifty dollars for each day for which a permit is approved. An application must be filed for each permit requested. The department in its sole discretion shall specify the terms and conditions of the permit.

(B) (1) The permit fees must be credited to the general fund of the State distributed to the municipality or county in which the retailer who paid the fee is located. The revenue may only be used by the municipality or county for the following purposes:

(a) capital improvements to tourism-related buildings including, but not limited to, civic centers, convention centers, coliseums, aquariums, stadiums, marinas, parks, and recreational facilities;

(b) purchase or renovation of buildings which are historic properties as defined in Section 60-12-10(4) and (5);

(c) festivals which have a demonstrable and significant impact on tourism;

(d) local youth mentor programs to serve juvenile offenders under the jurisdiction of the family court;

(f) contributions to a redevelopment authority pursuant to Section 31-12-10, et seq.
(g) acquiring fee and less than fee interest in land while it is still available to be held in perpetuity as wildlife preserves or believed to be needed by the public in the future for active and passive recreation uses and scenic easements, to include the following types of land: ocean, harbor, and pond frontage in the form of beaches, dunes, and adjoining backlands; barrier beaches; fresh and saltwater marshes and adjoining uplands; land for bicycle baths; land protecting existing and future; public water supply, well fields, highway buffering and aquifer recharge areas; and land for wildlife preserves; and land for future public recreational facilities;

(h) nourishment, renourishment (resanding) and maintenance of beaches;

(i) dune restoration, including the planting of grass, sea oats, or other vegetation useful in preserving the dune system;

(j) maintenance of public beach access;

(k) capital improvements to the beaches and beach related facilities, such as public parking areas for beach access; dune walkovers and rest room facilities, with or without changing rooms, at public beach parks; and

(l) construction and maintenance of drainage systems.

(2) The revenue may not be used for operating expenses of tourism-related buildings. The department in its sole discretion shall specify the terms and conditions of the permit.

(C) Permits authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than twenty-five hundred qualified electors of the county or municipality, as the case may be, in not less than thirty nor more than forty days after receiving the petition. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum, mutatis mutandis. The election commission shall publish the results of the referendum and certify them

`Shall the South Carolina Department of Revenue and Taxation be authorized to issue temporary permits in this (county)(municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales?'

A referendum for this purpose may not be held more often than once in forty-eight months.

The expenses of any such referendum must be paid by the county or municipality conducting the referendum."/

Amend sections, totals and title to conform.

Senator CORK explained the amendment.

Senator CORK moved that the amendment be adopted.

The amendment was adopted.

Senator RANKIN proposed the following Amendment No. 79 (4600R209.LAR), which was adopted:

Amend the bill, as and if amended, Part II, Section 8, page 588, by striking lines 1 through 2 and inserting:

/E. In a county in which temporary permits may be issued pursuant to Section 61-5-180, revenue generated by the fees imposed under that section within a county where a federal military base or installation has been closed, or is designated to be closed and where the federal facility has reduced its permanent civilian employment by seven hundred fifty or more jobs, but not more than two thousand nine hundred ninety-nine jobs, after December 31, 1990, for a period of three years beginning July 1, 1996 must be credited to a special separate and distinct account with the Budget and Control Board for support of a redevelopment authority created therein pursuant to Chapter 12 of Title 31.

F. Subsection C of this section takes effect July 1, 1996 and subsection D of this section takes effect July 1, 1997, except as provided in subsection E. The remaining subsections of this section are effective for property tax years beginning after 1996./

Amend sections, totals and title to conform.

Senator RANKIN explained the amendment.

The amendment was adopted.

Senator BRYAN proposed the following Amendment No. 62A (JUD4600.002), which was adopted:

Amend the bill, as and if amended, Part II, Section 28, page 607, line 1, by striking lines 1 through 33 and inserting:

/F. Section 33-56-50 of the 1976 Code, as added by Act 461 of 1994, is amended to read:

"Section 33-56-50. The following are not required to file registration statements with the Secretary of State Attorney General, provided none of its fund-raising activities are carried on by professional solicitors:

(1) an educational institution which solicits contributions only from its students and their families, alumni, faculty, friends and other constituencies, trustees, corporations, foundations, and individuals who are interested in and supportive of the programs of the institution;

(2) persons requesting contributions for the relief of an individual specified by name at the time of the solicitation when all of the contributions collected without any deductions of any kind are turned over to the named beneficiary for his use, provided that a person soliciting the contributions is not a named beneficiary;

(3) charitable organizations which (a) do not intend to solicit nor receive contributions from the public in excess of five twenty thousand dollars during a calendar year or do not receive contributions from more than ten persons during a calendar year and (b) have received letters of tax exemption from the Internal Revenue Service, if all of their functions, including fund-raising activities, are carried on by persons who are unpaid for their services and if no part of their assets or income inures to the benefit of or is paid to any officer or member. If the contributions raised from the public, whether all of the contributions are or are not received by a charitable organization during any calendar year, are in excess of five twenty thousand dollars or are received from more than ten people, within thirty days after the date the contributions exceed five twenty thousand dollars or the number of contributors exceeds ten, it must register with and report to the department as required by this chapter;

(4) organizations which solicit exclusively to their members, including utility cooperatives; and

(5) any veteran's organization which has a congressional charter.; and

Any charitable organization claiming to be exempt from the registration provisions of this chapter and which will or does solicit charitable contributions shall submit annually to the secretary Attorney General on forms to be prescribed by the secretary Attorney General, the name, address, and purpose of the organization and a statement setting forth the reason for the claim for exemption. If exempted, the secretary Attorney General or his appropriate division shall issue a letter of exemption which may be exhibited to the public. No filing fee is required of an exempt organization."

G. Section 33-56-60(A) of the 1976 Code, as added by Act 461 of 1994, is amended to read:

"Section 33-56-60. (A) Each charitable organization soliciting funds in this State and not exempt under Section 33-56-50, whether individually or collectively with other organizations, shall file a report of its financial activities, on forms prescribed by the Secretary of State Attorney General, certified to be true by the chief executive officer and the chief financial officer of it, in the office of the Secretary of State Attorney General. The report must cover the preceding fiscal year and must be filed within two four and one-half months of the close of the organization's fiscal year unless a written extension has been granted by the secretary Attorney General./

Amend sections, totals and title to conform.

Senator BRYAN explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senator PASSAILAIGUE proposed the following Amendment No. 2A (4600R526.ELP), which was tabled:

Amend the bill, as and if amended, Part II, page 662, by adding an appropriately numbered new section to read:

/

TO AMEND ARTICLE 3, CHAPTER 37, TITLE 12 OF THE 1976 CODE, RELATING TO ASSESSMENT OF PROPERTY TAXES, BY ADDING SECTION 12-37-224 SO AS TO PROVIDE THAT THE ASSESSED VALUE OF OWNER-OCCUPIED RESIDENTIAL

| Printed Page 2110, Apr. 30 | Printed Page 2130, Apr. 30 |

This web page was last updated on Monday, June 29, 2009 at 1:58 P.M.