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Printed Page 2160, May 1
| Printed Page 2180, May 1
| C. This section take effect upon approval by the Governor and applies for property for tax years beginning after 1993./
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator LANDER proposed the following Amendment No. 103 (GJK\22776SD.96), which was adopted:
Amend the bill, as and if amended, Part II, by adding a new section to read:
TO AMEND SECTION 12-36-910, AS AMENDED, OF THE 1976 CODE, RELATING TO SERVICES ON WHICH THE SALES TAX APPLIES INCLUDING NON COIN-OPERATED LAUNDRY, DRY-CLEANING, DYEING, AND PRESSING SERVICES, SO AS TO PROVIDE THAT SUCH SERVICES ARE EXEMPT FROM THE SALES TAX IN THE MANNER PROVIDED IN SECTION 12-36-2120; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO EXEMPT THE GROSS PROCEEDS OF THE SALE OF NON COIN-OPERATED
A. Section 12-36-910(B)(1) of the 1976 Code, as last amended by Act 361 of 1992, is further amended to read:
"(1) gross proceeds accruing or proceeding from the business of providing or furnishing any laundering, dry-cleaning, dyeing, or pressing service, but does not apply to the gross proceeds derived from coin-operated laundromats and dry-cleaning machines; provided, that beginning June 30, 1997, the sales tax shall not apply to these services in the manner provided in Section 12-36-2120;"
B. Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) laundry, dry-cleaning, dyeing, and pressing services beginning June 30, 1997. The term `laundry, dry-cleaning, dyeing, and pressing services' as used in this item does not include coin-operated laundromats and dry-cleaning machines which are exempt from the sales tax as provided in Section 12-36-910 and shall continue to be so exempt after the effective date of this item."/
Amend sections, totals and title to conform.
Senator LANDER explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Drummond Matthews Saleeby Smith, J.V.
Alexander Boan Cork Courson Elliott Fair Giese Gregory Hayes Holland Land Lander Leatherman Leventis Martin McConnell McGill Mescher Moore Passailaigue Patterson Peeler Rankin Reese
Richter Rose Russell Ryberg Setzler Short Smith, G. Thomas Waldrep Washington Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator DRUMMOND argued contra to the adoption of the amendment.
At 12:05 P.M., Senator MOORE requested a leave of absence until 1:30 P.M.
The amendment was adopted.
Senator J. VERNE SMITH proposed the following Amendment No. 104 (GJK\22779SD.96), which was adopted:
Amend the bill, as and if amended, Part II, by adding a new section to read:
TO PROVIDE THAT THE DEPARTMENT OF PEDIATRICS OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, THE UNIVERSITY PEDIATRICS OF THE UNIVERSITY AFFILIATED PROGRAM OF THE UNIVERSITY OF SOUTH CAROLINA, AND THE CHILDREN'S HOSPITAL OF THE GREENVILLE HOSPITAL SYSTEM ARE AUTHORIZED AS AGENTS FOR THE STATE OF SOUTH CAROLINA TO FULFILL THE ROLE OF REGIONAL TERTIARY LEVEL DEVELOPMENTAL EVALUATION CENTERS AND TO PROVIDE FOR THE DEVELOPMENTAL SERVICES THESE ENTITIES SHALL PROVIDE IN THIS REGARD.
A. The Department of Pediatrics of the Medical University of South Carolina, the University Pediatrics of the University Affiliated Program of the University of South Carolina, and the Children's Hospital of the Greenville Hospital System, are each hereby authorized, as agents of the State of South Carolina, to fulfill the role of Regional Tertiary Level Developmental Evaluation Centers providing comprehensive developmental assessment and treatment services for children with
B. As developmental evaluation centers, the above named institutions shall provide a seamless continuum of developmental services, including medically necessary diagnostic and treatment services for the purpose of correcting or ameliorating physical or mental illnesses and conditions which, left untreated, would negatively impact the health and quality of life of South Carolina's children. Further, these centers shall work collectively with the teaching, training, and research entities of each institution, extending the state's efforts to prepare professionals to work in the field of developmental medicine, while lending expertise to the research efforts in this field.
C. The developmental evaluation centers shall be involved in research, planning, and needs assessment of issues related to developmental disabilities and shall be committed to develop a regionalized system of community-based, family-centered care for children with developmental and behavioral disabilities. In so doing, the centers shall serve as primary points of entry for developmental evaluation services and as regional coordinators for the delivery of the services and are encouraged to affiliate with other providers thus enhancing the availability of high quality services for the children of South Carolina./
Amend sections, totals and title to conform.
Senator J. VERNE SMITH explained the amendment.
Senator J. VERNE SMITH moved that the amendment be adopted.
The amendment was adopted.
At 12:15 P.M., Senator SALEEBY requested a leave of absence until 2:00 P.M.
Senator ELLIOTT proposed the following Amendment No. 108 (PT\2501SD.96), which was tabled:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-36-2120, AS AMENDED, OF THE 1976 CODE, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR GASOLINE AND OTHER
A. Section 12-36-2120(15) of the 1976 Code, as last amended by Act 516 of 1994, is further amended to read:
"(15) (a) gasoline and other fuels subject to tax under Chapter 27 of Title 12; however, gasoline used in aircraft is not exempt from the sales and use tax;
(b) fuels subject to tax under Chapter 29 of Title 12; however, if the fuel tax is subsequently refunded under Section 12-29-380, the sales or use tax is due unless otherwise exempt, and the person receiving the refund is liable for the sales or use tax;
(c)(a) fuels used in farm machinery and farm tractors; and
(d)(b) fuels used in commercial fishing vessels."
B. Article 1, Chapter 11, Title 57 of the 1976 Code is amended by adding:
"Section 57-11-25. One hundred percent of the revenue derived from the application of Chapter 36 of Title 12, The South Carolina Sales and Use Tax Act, to retail sales of gasoline and other motor fuels subject to the tax imposed pursuant to Chapter 28 of Title 12 must be credited to a new separate Highway Construction Fund established by law."
C. This section takes effect July 1, 1996./
Amend sections, totals and title to conform.
Senator ELLIOTT explained the amendment.
Senator PASSAILAIGUE raised a Point of Order that the amendment was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase... new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act."
Senator BRYAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senators LAND, O'DELL and McGILL proposed the following Amendment No. 109 (BBM\10831CM.96), which was adopted:
Amend the bill, as and if amended, Part II, by adding a new section to read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-4096 SO AS TO PROHIBIT TRESPASSING UPON RAILROAD TRACKS, PROVIDE PENALTIES FOR VIOLATIONS, AND THE PROCEDURE FOR DISTRIBUTING THE FINES COLLECTED.
SECTION 1. The 1976 Code is amended by adding:
"Section 58-17-4096. (A) It is unlawful, without proper authority, for a person to trespass upon railroad tracks.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.
(C) Revenues collected from these fines must be remitted to the Department of Public Safety's Safety and Grant Programs."/
Amend sections, totals and title to conform.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator RYBERG proposed the following Amendment No. 114 (PT\2499DW.96), which was ruled out of order:
Amend the bill, as and if amended, Part II, by adding a new section to read:
TO AMEND SECTION 12-60-2550 OF THE 1976 CODE, RELATING TO PAYMENT OF PROPERTY TAX UNDER APPEAL AND REFUNDS AND PAYMENTS AFTER FINAL DETERMINATION, SO AS TO PROVIDE THAT A TAXPAYER MAY PAY TAX ON REAL PROPERTY, THE VALUE OF WHICH IS UNDER APPEAL, BASED ON EIGHTY PERCENT OF THE REASSESSED VALUE OR ONE HUNDRED PERCENT OF THE VALUE APPLICABLE FOR THE PRIOR PROPERTY TAX YEAR, WHICHEVER RESULTS IN A LOWER TAX LIABILITY ON THE PROPERTY.
"(A) If it is reasonably expected that the written protest or appeal will not be resolved by December thirty-first of the tax year, the county assessor shall notify the auditor to adjust the property tax assessment of the property under protest to eighty percent of the protested property tax assessment or one hundred percent of the property tax assessment applicable for the prior property tax year, whichever results in a lower property tax liability for the current tax year, or any greater valuation greater than eighty percent agreed to in writing by the taxpayer, and enter the adjusted property tax assessment on the tax duplicate. The tax must be paid as in other cases."
B. Upon approval of the Governor, this act is effective for property tax years beginning after 1995./
Renumber Sections to conform.
Amend sections, totals and title to conform.
Senator RYBERG explained the amendment.
Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator RYBERG spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
On motion of Senator MARTIN, at 12:35 P.M., Senator ALEXANDER was granted a leave of absence until 2:30 P.M.
Senators FAIR and HOLLAND proposed the following Amendment No. 121 (PFM\9344AC.96), which was tabled:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AUTHORIZE A REFERENDUM AT THE 1996 GENERAL ELECTION IN COUNTIES IN WHICH CASH PAYOFFS ON COIN-OPERATED DEVICES ARE PERMITTED TO DETERMINE WHETHER THE CASH PAYOFFS SHOULD CONTINUE AND TO
A. Notwithstanding Section 19H, Part II, of Act 164 of 1993, a county in which, on this section's effective date, cash payoffs relating to coin-operated devices are authorized by Section 16-19-60, may hold a referendum at the 1996 general election to determine whether these cash payoffs should continue to be authorized.
B. The referendum must be held:
(1) 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
(2) if a petition requesting the referendum to be held is 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.
C. The question put before the voters shall read:
"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?"
D. 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 does not apply within the county after July 1, 1997.
E. The state election laws apply to the referendum provided in this section, mutatis mutandis.
F. If a majority of the qualified electors within a county vote to terminate cash payoffs for credits earned on coin-operated devices, the 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 1, 1997./
G. An amount not exceeding ten thousand dollars, if so much is necessary, of the funds appropriated to the State Election Commission for fiscal year 1996-97 for distribution to counties in Part IA, Section 16, subsection IIIE of the annual general appropriations act for fiscal year
Amend sections, totals and title to conform.
Senator FAIR argued in favor of the adoption of the amendment and Senator PASSAILAIGUE argued contra.
Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator FAIR spoke on the Point of Order.
Senator McCONNELL spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator LAND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Cork Courson Courtney Elliott Ford Jackson Land Leventis Matthews McConnell Mescher Passailaigue Patterson Peeler Rankin Reese Richter Rose Ryberg Short Smith, G. Waldrep Washington
Alexander* Boan Bryan Drummond Fair Giese Gregory Hayes Holland Lander Martin McGill Russell Saleeby Setzler Smith, J.V. Wilson
The amendment was laid on the table.
I had just left the Senate Chamber before Amendment #121 was considered to attend the SCDOT Adopt-A-Highway Award Luncheon. I accepted an award on behalf of the people of Oconee County for their volunteer service in the Adopt-A-Highway Program.
On motion of Senator DRUMMOND, debate was interrupted by recess.
At 12:55 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 2:30 P.M.
The Senate reassembled at 2:35 P.M. and was called to order by the PRESIDENT.
The following was introduced:
S. 1406 -- Senator Saleeby: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE MEMBERS OF THE DARLINGTON HIGH SCHOOL TEAM WHICH CAPTURED THE "LIFESMARTS...THE ULTIMATE CONSUMER CHALLENGE" NATIONAL TITLE IN A CONTEST HELD ON APRIL 22-23, 1996, AT L.G. LINE HIGH SCHOOL IN WASHINGTON, D.C.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 4676 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-21-3320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF BINGO GAMES AND DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "NONPROFIT ORGANIZATION".
Printed Page 2160, May 1
| Printed Page 2180, May 1
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