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H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.

On motion of Senator McCONNELL, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senators McCONNELL and PASSAILAIGUE spoke on the report.

On motion of Senator McCONNELL, with unanimous consent, Free Conference Powers were granted.

Whereupon, the PRESIDENT appointed Senators McCONNELL, MOORE and PASSAILAIGUE to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator McCONNELL, the Report of the Committee of Free Conference to H. 3901 was adopted as follows:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:

H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse,

That the same do pass with the following amendments:

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

TO AMEND TITLE 6, SECTION 1, BY ADDING SECTION 6-1-82, SO AS TO PROHIBIT COUNTIES AND MUNICIPALITIES FROM IMPOSING ANY NEW TAXES UNLESS EXPRESSLY AUTHORIZED BY THE GENERAL ASSEMBLY AND TO PROVIDE FOR LIMITS ON ACCOMMODATIONS AND BEVERAGE TAXES; TO PROVIDE FOR AN ADVISORY REFERENDUM ON THE ISSUE OF REQUIRING A TWO-THIRDS MAJORITY VOTE OF THE GOVERNING BODY OF COUNTIES AND MUNICIPALITIES IN ORDER TO ASSESS NEW TAXES OR RAISE EXISTING TAXES; TO PROVIDE FOR AN ADVISORY REFERENDUM ON NOVEMBER 5, 1996, ON THE QUESTION OF INCREASING THE SALES TAX FROM FIVE TO SIX PERCENT AND PROVIDING A REFUNDABLE INCOME TAX CREDIT OF SEVENTY-FIVE DOLLARS; RESIDENTIAL OWNER-OCCUPIED PROPERTY TAX RELIEF, SMALL BUSINESS INCOME TAX RELIEF; AND AN INCOME TAX PHASE OUT FOR TAXPAYERS SIXTY-FIVE AND OVER; TO PROHIBIT SPENDING PUBLIC MONEY TO INFLUENCE THE REFERENDUM; AND TO REQUIRE A REFERENDUM ON THE ISSUE OF WHETHER TWO-THIRDS OF THE GENERAL ASSEMBLY SHOULD BE REQUIRED TO APPROVE GENERAL TAX INCREASES OR NEW TAXES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.A. Chapter 1, Title 6 of the 1976 Code is amended by adding:

(B) (1) A county or municipality may impose by ordinance or other lawful authorization of the governing body a fee, surcharge, or service charge for a particular local government service so long as the fee is used for the purpose for which the fee is collected and the fee imposed is in exchange for specific and measurable goods or services provided to the person who pays the fee. Any other levy must be classified as a tax.

(2)(a) All funds collected by a county or municipality from the imposition of a fee or tax based on accommodations provided to transients and on sales of food and beverages sold in or by establishments licensed for on-premises consumption of alcoholic beverages, beer, or wine must be deposited into a special dedicated account established to hold these funds. All interest must be retained in the account. None of these funds may be placed in the county's or municipality's general fund. These funds must be used exclusively for the following purposes:

(i) tourism related buildings including, but not limited to, civic centers, coliseums, and aquariums;

(ii) cultural, recreational, or historical facilities;

(iii) beach access and renourishment;

(iv) highways, roads, streets, and bridges providing access to tourist destinations; or

(v) advertisements and promotions related to tourism development.

(b) In a county in which at least nine hundred thousand dollars in accommodations taxes is collected annually pursuant to Section 12-36-920, the revenues of the charges also may be used for the operation and maintenance of those items provided in (i) through (v) including, police, fire protection, emergency medical services, and emergency preparedness operations directly attendant to these facilities.

(c) Except as provided in subsection (d), the cumulative rate of county and municipal fees based on meals provided in establishments licensed for on-premises consumption of alcoholic beverages, beer, or wine may not exceed one percent, regardless of the date such fee or tax was imposed. The cumulative rate of county and municipal fees based on accommodations provided transients may not exceed three percent, regardless of the date such fee or tax was imposed.

(d) In a county in which the cumulative county and municipal accommodations tax equals four percent as of March 12, 1996, the cumulative rate of county and municipal fees based on accommodations

(3) A county fee or tax based on the gross proceeds derived from the rental or charges for accommodations furnished to transients or based on sales of food and beverages sold in or by establishments licensed for on-premises consumption of alcoholic beverages, beer, or wine may not be imposed in any incorporated areas of the county without the consent of the affected municipality.

(4) (a) Effective January 1, 1997 the governing body of each county and municipality is prohibited from charging any fee or tax on the transfer of real property.

(b) The provisions of subsection (B)(4)(a) do not apply in the case of any county or municipal real estate transfer tax or fee imposed on or before August 1, 1993 if a majority of voters voting in a referendum, to be held on the question contained herein on November 5, 1996 in each county or municipality which imposed the fee or tax on or before August 1, 1993, vote in favor of the continued imposition of the fee or tax. The question on the ballot shall read substantially as follows:

`Shall the real estate transfer (fee or tax) continue to be imposed in (name of county or municipality)?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'.'

The electors of a municipality may vote in both the county and the municipal referendum. The state election laws apply to this referendum, mutatis mutandis. The entity authorized to hold elections shall publish the results of the referendum and certify them to the county or municipality.

(c) The provisions of subsection (B)(4)(b) do not apply and no referendum shall be held in a county which imposed a fee or tax on the transfer of real property effective beginning July 1, 1993."

B. This Part takes effect upon approval by the Governor unless otherwise provided.

SECTION 1. A. The entity authorized to hold elections in each county and municipality, must conduct an advisory referendum on the question contained herein on November 5, 1996. Each county and municipality must have separate ballots. The state election laws apply to

"Should (name of municipality/county) be prohibited from (1) imposing any new taxes or new fees; (2) increasing tax or fee rates beyond the Consumer Price Index unless two-thirds of the local governing body approves; and (3) increasing tax or fee rates unless needed because there is a declared emergency, to pay for a judicially mandated spending, to offset a prior year's deficit, for bonded indebtedness, or to site waste and regional correctional facilities?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."

B. This Part takes effect upon approval by the Governor.

SECTION 1. A. The State Election Commission shall conduct an advisory statewide referendum on November 5, 1996, on the question of raising the sales tax in order to provide certain tax relief. The state election laws apply to this referendum, mutatis mutandis. The commission shall canvass the results of the referendum and certify the results to the director of the Department of Revenue and Taxation and the Code Commissioner. The referendum question must read substantially as follows:

"Should the statewide sales, use, and casual excise tax rate be raised from five to six percent and the proceeds set aside to provide for five specific tax relief programs: (1) granting owner-occupied residential property an exemption from all property taxes levied for operating purposes except those levied pursuant to referendum and those levied by special purpose or public service districts, county special tax districts, and for debt service; (2) phasing-out the income tax on state residents that have attained the age of sixty-five; and (3) decreasing the income tax on certain incorporated and unincorporated businesses; (4) providing for a maximum refundable individual income tax credit of seventy-five dollars per return with each state return filed; and if these measures are enacted, then requiring the local government to hold a local referendum on the question of repeal of the local option sales tax?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."

B. This Part takes effect upon approval by the Governor.

SECTION 1.A. Notwithstanding any other provision of law to the contrary, no entity may expend or authorize the expenditure of public or other non-private funds, either directly or indirectly, except for as provided in Section 8-13-1346(C) of the 1976 Code, to influence or attempt to influence the outcome of a referendum question established in this act if the members or employees of that entity receive benefits in whole or in part that are available under state law to state employees, such as health, dental, or life insurance benefits or who are eligible to establish or earn service in any of the state retirement systems.

B. This Part takes effect upon approval by the Governor.

SECTION 1.A. The State Election Commission shall conduct an advisory statewide referendum on November 5, 1996, on the question of requiring a two-thirds vote of the General Assembly to enact any new general tax or to increase existing general taxes. The state election laws apply to this referendum, mutatis mutandis. The commission shall canvass the results of the referendum and certify the results to the director of the Department of Revenue and Taxation and the Code Commissioner. The referendum question must read substantially as follows:

"Should a two-thirds vote of the General Assembly be required to enact any new general tax or to increase existing general taxes?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."

B. This section takes effect upon approval by the Governor.

SECTION 1. If any part, section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding may not affect the constitutionality or validity of the remaining portions of this act, the

Amend title to conform.

/s/Glenn F. McConnell .......... /s/John G. Felder
/s/Thomas L. Moore .......... /s/W. Douglas Smith
/s/Ernest L. Passailaigue .......... /s/L. Hunter Limbaugh

On Part of the Senate. .......... On Part of the House.

, and a message was sent to the House accordingly.

Senator PEELER asked unanimous consent to make a motion that the House of Representatives be invited to ratify acts prior to adjournment.

Senator LAND objected.

H. 4706 -- Reps. Wilkins, Kennedy, Harrell, Hutson, Neilson, S. Whipper, J. Hines, Harvin, Howard, Askins, White, Fleming, Jennings, Keegan, Anderson, L. Whipper, M. Hines, Cobb-Hunter, Breeland, Neal, Young-Brickell, Easterday, J. Harris, Koon, Meacham, J. Young, Harrison, Clyburn, Herdklotz, Knotts, Inabinett, Wright, Lloyd, Law, Gamble, Delleney, Cave, Govan, H. Brown, Felder, Robinson, Mason, Carnell, D. Smith, Rice, Sharpe, Boan, Fulmer, Chamblee, Stuart, Shissias, Klauber, T. Brown, Spearman, Williams, Kinon, Limbaugh, Scott, Riser, McTeer, McElveen, Hodges and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA RURAL DEVELOPMENT ACT OF 1996" (ABBREVIATED TITLE)

Senator LEATHERMAN was recognized to make a report to the body regarding the work of the Committee of Conference on H. 4706.

Having received a favorable report from the Lancaster County Delegation, the following appointments were confirmed in open session:

Hon. Thomas J. Gardner, Jr., 504 South Minor Street, Kershaw, S.C. 29067

Hon. John L. Hudson, Jr., 4141 Bessie Hudson Road, Lancaster, S.C. 29720

Having received a favorable report from the Williamsburg County Delegation, the following appointments were confirmed in open session:

Reappointments, Williamsburg County Magistrate, with terms to commence April 30, 1994, and to expire April 30, 1998:

Hon. Leroy Burgess, Sr., Route 4, Box 200, Kingstree, S.C. 29556

Hon. Cynthia W. Burrows, P.O. Box 956, Kingstree, S.C. 29556

Hon. James E. Doster, Jr., P.O. Box 416, Hemingway, S.C. 29554

Hon. Bruster O. Harvin, Route 2, Box 94-A, Lane, S.C. 29564

Hon. Lawrence W. McElveen, Route 1, Box 146, Cades, S.C. 29518

Hon. Charles D. Morris, Route 1, Box 297, Nesmith, S.C. 29580

Hon. Eddie A. Woods, Route 2, Box 19-A, Greeleyville, S.C. 29056

Having received a favorable report from the Charleston County Delegation, the following appointments were confirmed in open session:

Initial Appointment, Charleston County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Hon. Harold R. Stein, Post Office Box 23, Wadmalaw Island, S.C. 29487 VICE Robert E. Miller (resigned)

On motion of Senator GIESE, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:

Having been reported favorably from Executive Session, on motion of Senator LEVENTIS, with unanimous consent, the following appointments were confirmed:

Initial Appointment, Mining Council, with term to commence June 30, 1992, and to expire June 30, 1996:

Mr. James E. Neason, Manager, Quarry Division, Morgan Corporation, Post Office Box 3555, Spartanburg, S.C. 29304 VICE A. C. Young

DHEC:

Mr. William C. Rowell, EQC Bureau of District Services, DHEC, 2600 Bull Street, Columbia, S.C. 29201 VICE Alfred H. Vang

Reappointment, Mining Council, with term to commence June 30, 1996, and to expire June 30, 2000:

Mr. James E. Neason, Manager, Quarry Division, Morgan Corporation, Post Office Box 3555, Spartanburg, S.C. 29304

Having been reported favorably from Executive Session, on motion of Senator THOMAS, with unanimous consent, the following appointment was confirmed:

Reappointment, South Carolina Advisory Board for Victim Assistance, with term to commence August 1, 1993, and to expire August 1, 1998:

Victim:

Mr. Dennis H. Taylor, 1208 Evans Road, Aiken, S.C. 29803

Having been reported favorably from Executive Session, on motion of Senator DRUMMOND, with unanimous consent, the following appointments were confirmed:

Initial Appointment, South Carolina Interagency Merit System Council, with term to commence June 30, 1992, and to expire June 30, 1997:

At-Large:

Mr. Leonard W. Mills, 409 Windy Road, Gilbert, S.C. 29054 VICE Dianne T. Poston

Reappointment, South Carolina Interagency Merit System Council, with term to commence June 30, 1993, and to expire June 30, 1998:

At-Large:

William V. Moore, Ph.D., 1555 North Pinebark Lane, Charleston, S.C. 29407

Initial Appointment, South Carolina Interagency Merit System Council, with term to commence June 30, 1993, and to expire June 30, 1998:

At-Large:

Ms. Eunice G. McMillian, 11 Heritage Village Lane, Columbia, S.C. 29212 VICE Charles J. Boykin

At-Large:

David Lee Mahrer, Ph.D., 734 Beckley Court, Lexington, S.C. 29072

Mr. Lucian Russell Rawls, Jr., 18-B The Heritage, 1829 Senate Street, Columbia, S.C. 29201

Initial Appointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 1996, and to expire April 1, 1998:

Interested Party:

Donna A. Hollis, RN, Piedmont Medical Center, Post Office Box 2524 CRR, Rock Hill, S.C. 29731

Piedmont-Recipient/Donor/Family:

Mr. Jack D. Leard, 106 Moore Court, Simpsonville, S.C. 29681

Eye Bank:
Ms. Brenda S. Horn, Executive Director, South Carolina Lions Eye Bank, Inc., Storm Eye Institute, 171 Ashley Avenue, Charleston, S.C. 29425

Initial Appointments, Board of Directors of the Gift of Life Trust Fund, with terms to commence April 1, 1996, and to expire April 1, 1999:

Low Country-Recipient/Donor/Family:

Ms. Deborah E. O'Brien, 103 Kings Way, Summerville, S.C. 29485

Forensic Pathologist

Joel S. Sexton, M.D., Post Office Box 497, Newberry, S.C. 29108

Initial Appointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 1996, and to expire April 1, 2000:

Midlands-Recipient/Donor/Family:

Lawrence F. McManus, M.D., 1463 Circle H. Woods, Prosperity, S.C. 29127

Organ Procurement Organization

Ms. Nancy A. Kay, Executive Director, South Carolina Organ Procurement Agency, Inc., 1064 Gardner Road, Suite 105, Charleston, S.C. 29407

Pee Dee-Recipient/Donor/Family:

Franklin G. Mason, D.D.S., 160 East Wine Street, Mullins, S.C. 29574

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