Printed Page 2130, Apr. 30
| Printed Page 2150, Apr. 30
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Printed Page 2130, Apr. 30
| Printed Page 2150, Apr. 30
| Senator PASSAILAIGUE moved that the amendment be adopted.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 7B (4600R531.ELP), which was tabled:
Amend the bill, as and if amended, Part II, page 662, by adding an appropriately numbered new section to read:
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TO AMEND SECTION 51-13-820 OF THE 1976, RELATING TO RECEIPTS AND EXPENDITURES OF THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO PROVIDE THAT FUNDS CONTRIBUTED TO THE AUTHORITY BY PRIVATE ENTITIES MUST BE DEPOSITED IN A SEGREGATED ACCOUNT AND INTEREST EARNINGS ON THIS ACCOUNT MUST BE CREDITED TO THE AUTHORITY AND TO PROVIDE THAT THE STATE TREASURER SHALL ESTABLISH A TRUST FUND CONTAINING REVENUE DERIVED FROM THE AUTHORITY'S ATHLETIC COMPLEX.
A. Section 51-13-820 of the 1976 Code is amended to read:
"All funds Funds of the Authority shall must be deposited in a bank or banks to be designated by the State Treasurer. Funds of the Authority shall may be paid out only upon warrants signed by the director of the Authority and countersigned by the chairman or the acting chairman. No warrants Warrants shall may not be drawn or issued disbursing any of the funds of the Authority except for a purpose authorized by this article and only when the account or expenditure for which they are to be given in payment has been audited and approved by the Authority. The Authority may accept contributions of money or property from all persons for the construction, equipping and operation of its facilities and improvements in the areas within its jurisdiction; and may receive such State, Federal, or other grants or appropriations as may be made to it from time to time. Funds contributed to the Authority by private entities must be deposited in a segregated account and interest earnings on this account must be credited to the Authority.
The State Treasurer shall establish a trust fund containing revenue derived from the Authority's athletic complex. The funds must be deposited in a segregated account. Interest earnings on this account must
B. This SECTION is effective upon approval by the Governor./
Amend sections, totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator PASSAILAIGUE desired to be recorded as voting against the motion to table the amendment.
Senator PASSAILAIGUE proposed the following Amendment No. 8 (4600R532.ELP), which was adopted:
Amend the bill, as and if amended, Part II, page 662, by adding an appropriately numbered new section to read:
/
TO AMEND SECTION 12-37-220 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM AD VALOREM TAXATION SO AS TO PROVIDE THAT THE EXEMPTION FOR ONE ACRE OF LAND OWNED IN FEE OR FOR LIFE BY A PARAPLEGIC OR HEMIPLEGIC PERSON SHALL ALSO APPLY TO PROPERTY WHICH IS HELD IN TRUST IN WHICH THE PERSON HAS A LIFE INTEREST.
A. Section 12-37-220(B)(2) of the 1976 Code is amended to read:
"(2) The dwelling house in which he resides and a lot not to exceed one acre of land owned in fee or for life or held in trust in which he has a life interest, or jointly with his or her spouse, by a paraplegic or hemiplegic person, is exempt from all property taxation provided the person furnishes satisfactory proof of his disability to the State Department of Revenue and Taxation. The exemption is allowed to the surviving spouse of the person so long as the spouse does not remarry, resides in the dwelling, and obtains by devise the fee or a life estate in the dwelling or an interest for life in a trust if the property is held in trust. The dwelling house is defined as the person's legal residence. For purposes of this item, a hemiplegic person is a person who has paralysis of one lateral half of the body resulting from injury to the motor centers of the brain."
B. This section is effective for tax years beginning after 1995./
Senator PASSAILAIGUE explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The Senate refused to table the amendment. The question then was the adoption of the amendment.
The amendment was adopted.
At 6:05 P.M., Senator PATTERSON assumed the Chair.
Senator PASSAILAIGUE proposed the following Amendment No. 9A (4600R525.ELP), which was not adopted:
Amend the bill, as and if amended, Part II, page 662, by adding an appropriately numbered new section to read:
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TO AMEND SECTION 12-43-300 OF THE 1976 CODE, RELATING TO WRITTEN TAX NOTICES OF INCREASE, SO AS TO PROVIDE THAT WHEN A REASSESSMENT IS MADE BY ASSESSOR'S OFFICE AND NOT APPEALED BY THE TAXPAYER, THE ASSESSOR MUST NOT INCREASE THE VALUE OF THE TAXPAYER'S PROPERTY UNTIL THE NEXT REASSESSMENT DATE UNLESS THE TAXPAYER MAKES PHYSICAL IMPROVEMENTS AFTER THE ASSESSMENT DATE.
A. Section 12-43-300 of the 1976 Code is amended by adding at the end:
"(D) Notwithstanding any other provision of law, when a reassessment is made by assessor's office and not appealed by the taxpayer, the assessor must not increase the value of the taxpayer's property until the next reassessment date unless the taxpayer makes physical improvements after the assessment date."
B. This SECTION applies to assessments made on or after December 31, 1991. A taxpayer who has paid a tax which is inconsistent with the provisions of this SECTION is entitled to a refund with interest, including any penalties paid, if the application for a refund is made within one year after the effective date of this section./
Amend sections, totals and title to conform.
Senator LEATHERMAN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator LEATHERMAN withdrew the Point of Order.
Senator DRUMMOND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Drummond Giese Glover Hayes Holland Land Lander Leatherman Matthews McGill Moore Patterson Saleeby Smith, G. Smith, J.V. Washington
Alexander Cork Courson Elliott Fair Ford Gregory Martin McConnell Mescher O'Dell Passailaigue Peeler Reese Rose* Russell* Ryberg Setzler Short Thomas Waldrep Wilson
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator PASSAILAIGUE spoke on the amendment.
The amendment was not adopted.
I wish the Journal to reflect that after hearing the discussion on and explanation of Amendment No. 9A, I voted in favor of the adoption of the amendment.
At 6:25 P.M., Senator O'DELL requested a leave of absence until 12:00 Noon, Wednesday, May 1, 1996.
Senator PASSAILAIGUE proposed the following Amendment No. 15A (4600R536.ELP), which was adopted:
Amend the bill, as and if amended, Part II, page 662, by adding an appropriately numbered new section at the end to read:
/
TO AMEND SECTION 12-43-220 OF THE 1976 CODE, RELATING TO THE RATIO OF ASSESSMENT TO VALUE OF PROPERTY, SO AS TO PROVIDE THAT IN ORDER TO QUALIFY FOR THE FOUR PERCENT RATIO A TAXPAYER MUST HAVE BEEN A LEGAL RESIDENT AND DOMICILED IN THE PROPERTY.
A. The second paragraph of Section 12-43-220(c) of the 1976 Code, as added by Act No. 145, Part II, Section 119G of 1995, is further amended to read:
"To qualify for this special assessment ratio, the owner-occupant must have actually occupied the residence property as his legal residence and been domiciled at that address, prior to the date of application, for some period during the tax year and remain an owner-occupant in that status at the time of application."
B. This SECTION takes effect upon approval by the Governor and applies with respect to property tax years beginning after 1996./
Renumber sections to conform.
Amend title to conform.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator FAIR proposed the following Amendment No. 27 (JIC\5921HTC.96), which was ruled out of order:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO DESIGNATE SECTION 19H, PART II, OF ACT 164 OF 1993, AS SECTION 12-21-2808 OF THE 1976 CODE WHICH RELATES TO SUBSEQUENT REFERENDUMS IN COUNTIES ON ALLOWING PAYOUTS FOR CREDITS EARNED ON COIN-OPERATED VIDEO MACHINES AFTER THE REFERENDUM HELD IN 1994, SO AS TO PROVIDE THAT SUCH SUBSEQUENT REFERENDUMS MAY BE HELD BEGINNING WITH THE 1996 GENERAL ELECTION RATHER THAN WITH THE 1998 GENERAL ELECTION.
A. Section 19H, Part II, Act 164 of 1993, is designated as Section 12-21-2808 of the 1976 Code.
B. Section 12-21-2808 of the 1976 Code is amended to read:
"Section 12-21-2808. In addition to the referendum to be held at the 1994 general election, counties are authorized to hold a referendum to determine whether or not cash payoffs provided for under Section 16-19-60 of the 1976 Code relating to coin-operated devices shall be authorized. The counties are authorized to hold such a referendum in the manner provided in this section except that no such referendum may be held until the 1998 1996 general election and may also be held in subsequent general elections as provided herein.
(1) The referendum must be held:
(a) upon the passage of an ordinance of the governing body of a county providing for a referendum if the ordinance is passed at least ninety days before a general election; or
(b) upon a petition so requesting filed with the county election commission more than ninety days before the general election containing the signatures of at least ten percent, but not more than two thousand five hundred, of the qualified electors of the county as of the time of the preceding general election.
(2) In any county in which cash payoffs are authorized by Section 16-19-60 of the 1976 Code relating to coin-operated devices at the time of the referendum provided for in this section, the question put before the voters shall read as follows:
`Shall cash payoffs for credits earned on coin-operated video game machines remain legal and subject to licensure and regulation by the State of South Carolina?'
(3) In any county in which, at the time of the referendum provided for in this section, cash payoffs as provided for by Section 16-19-60 of the 1976 Code relating to coin-operated devices are not authorized, the question put before the voters shall read as follows:
`Shall cash payoffs for credits earned on coin-operated video game machines be allowed and subject to licensure and regulation by the State of South Carolina?'
(4) If the result of the referendum provided for in this section is not in favor of a continuation of cash payoffs for credits earned on coin-operated devices within the county, Section 16-19-60 of the 1976 Code shall not apply within the county after July first of the year following the referendum.
(5) If the results of the referendum provided for in this section are to authorize cash payoffs relating to coin-operated devices, Section 16-19-60 shall apply within such county after January first of the year following the referendum.
(6) The state election laws apply to the referendum provided in this section, mutatis mutandis.
(7) If a majority of the qualified electors within a county vote to terminate cash payoffs for credits earned on coin-operated devices, in a referendum as authorized in this section, the Tax Commission Department of Revenue and Taxation shall refund to any person holding a license for the operation of coin-operated devices on a pro rata basis, the portion of any license fees previously paid the commission for licenses which extend beyond July first of the year after the referendum."/
Amend sections, totals and title to conform.
Senator LAND raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senators PASSAILAIGUE, McCONNELL, LAND and FAIR spoke on the Point of Order.
The ACTING PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senators PASSAILAIGUE and WILSON proposed the following Amendment No. 31A (4600R538.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 1, CHAPTER 9, TITLE 11, OF THE 1976 CODE, BY ADDING SECTION 11-9-140 SO AS TO AUTHORIZE A STATE AGENCY TO CONTRACT BY THE COMPETITIVE BIDDING PROCESS, FOR THE SALE OF ADVERTISING SPACE, TO PROVIDE FOR THE DISTRIBUTION OF THE ADVERTISING REVENUE, TO PROVIDE THE REQUIREMENTS WHICH THE ADVERTISING AND THE SALE OF THE ADVERTISING MUST MEET, AND TO PROVIDE A PROCEDURE FOR WRITTEN OBJECTION TO ADVERTISING PLACED PURSUANT TO THE PROVISIONS OF THIS SECTION.
A. Article 1, Chapter 9 of Title 11 is amended by adding:
"Section 11-9-140. (A) A state agency may contract to sell commercial advertising space in locations such as its publications, buildings, facilities, and on its vehicles, in exchange for cash payment. All money received pursuant to a contract entered into under this section must be deposited to the credit of the advertising contract fund, which is hereby created in the state treasury. Of the money credited to the fund, the state agency or instrumentality that contracted to sell the advertising space must be given forty percent of the revenues generated from the selling of space and reimbursed for expenses incurred. The money not given to the agency or instrumentality must be transferred to the general revenue fund.
(B) An advertisement displayed in advertising space sold under this section must meet the following restrictions:
(1) it must not promote or oppose any political candidate, issue, or organization;
(2) it must not be libelous and must not promote alcohol or tobacco or any illegal product or service;
(3) it must be tasteful, inoffensive, and not pornographic and must maintain the dignity, decorum, and aesthetics of the place where the advertisement appears;
(4) it must not promote discrimination on the basis of the race, color, religion, national origin, handicap, age, sex, or ancestry of any person;
(6) it must clearly indicate the advertiser's identity and state that the advertiser is not the State or any state agency or instrumentality; and
(7) it must clearly indicate that the State does not endorse the product or service promoted by the advertisement and makes no representations about the accuracy of the advertisement or the quality or performance of the product or service promoted by the advertisement.
(C) Contracts entered into under this section must be awarded only by competitive bidding and to the highest bidder. Such a contract may be entered into only if there is a reasonable anticipation that the contract will produce a profit for the State or the contracting state agency or instrumentality. A state agency may not publish any document, construct any building or facility, or purchase any vehicle for the purpose of displaying advertisements if the publication, construction, or purchase is unnecessary to the ordinary conduct of its official duties. A state agency or instrumentality may not erect any freestanding outdoor billboard or sign pursuant to this section, except that to the extent allowed by federal law the Department of Transportation may erect at each roadside rest area under its control not more than three freestanding outdoor signs, each having a surface area for advertising space not exceeding forty square feet.
(D) A state agency may not artificially inflate expenses in connection with any contract entered into under this section.
(E) No person has a cause of action against the State or any state agency because of the content of or any representation made in an advertisement authorized by a contract entered into under this section.
(F) Upon the filing of a written objection by any individual that an advertisement placed pursuant to this section violates the restrictions on advertisements set forth, the board of the respective agency shall make a determination regarding the alleged violation. If the board determines that the advertisement violates the restrictions, it must notify the state agency that sold the advertising space of the violation. The agency or instrumentality shall then take appropriate steps to promptly correct the violation.
(G) Not later than the thirty-first day of January of each year, the board of each agency selling advertising space shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives describing the opportunities for and results of sales of commercial advertising space by that agency.
(I) Advertising is not permitted in or on the State House, the State House grounds, the office buildings located on those grounds, or the area designated as the capitol complex."
B. This act takes effect upon approval by the Governor./
Amend sections, totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator PASSAILAIGUE desired to be recorded as voting against the motion to table the amendment.
Senator ROSE desired to be recorded as voting in against the motion to table the amendment.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
At 6:30 P.M., the PRESIDENT assumed the Chair.
Senator SHORT proposed the following Amendment No. 39 (4600R304.LHS), which was adopted:
Amend the report, as and if amended, Part II, by adding a new SECTION to read:
TO AMEND SECTION 14-1-208, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISBURSEMENT OF MUNICIPAL COURT ASSESSMENTS FOR COMPLEX CRIMINAL LITIGATION TO REDUCE THE THRESHOLD EXPENDITURE OF A COUNTY BEFORE IT IS ELIGIBLE FOR REIMBURSEMENT FROM
Printed Page 2130, Apr. 30
| Printed Page 2150, Apr. 30
| This web page was last updated on Monday, June 29, 2009 at 1:58 P.M.