| Printed Page 910, Mar. 5 | Printed Page 930, Mar. 6 |

S. 1089 -- Senators Setzler, Leatherman, Drummond, Bryan, Giese, Leventis, Alexander, Holland, Hayes, Ryberg, Wilson and Courson: A BILL TO AMEND ARTICLE 4, CHAPTER 63, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHOOL CRIME REPORT ACT, SO AS TO TRANSFER THE RESPONSIBILITIES OF THE STATE DEPARTMENT OF EDUCATION UNDER THIS ACT UPON THE OFFICE OF THE ATTORNEY GENERAL ON JULY 1, 1996, TO PROVIDE THAT THE ATTORNEY GENERAL'S OFFICE SHALL ESTABLISH A TOLL-FREE TELEPHONE LINE FOR USE BY SCHOOL ADMINISTRATORS WHEN REPORTING CERTAIN CRIMES, TO AUTHORIZE THE ATTORNEY GENERAL TO PETITION SCHOOL BOARDS TO EXPEL STUDENTS CHARGED WITH CERTAIN CRIMES, AND TO REPRESENT LOCAL SCHOOL DISTRICTS WHEN THESE CASES ARE APPEALED TO AN APPELLATE COURT, AND TO FURTHER PROVIDE FOR THE PROCEDURES WHICH MUST BE FOLLOWED IN CONNECTION WITH THIS ACT; AND TO AMEND SECTION 59-24-60, RELATING TO THE REQUIREMENT THAT SCHOOL OFFICIALS CONTACT LAW ENFORCEMENT AUTHORITIES WHEN SPECIFIED ACTIVITIES HAVE OCCURRED ON SCHOOL PROPERTY, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL'S OFFICE ALSO SHALL BE CONTACTED.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.

The Education Committee proposed the following amendment (S-EDUC\1089.1), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Article 4, Chapter 63 of Title 59 of the 1976 Code is amended to read:

Section 59-63-310. This article may be cited as the `School Crime Report Act'.

Section 59-63-320. By December 31, 1990, the State Department of Education, after consultation with the State Law Enforcement Division, shall develop a standard school crime reporting form which must be used by all school districts in the State. The form must define what constitutes

(1) types and frequency of criminal incident;

(2) crimes against the person, including:

(a) description of crime;

(b) age and sex of offender and whether the offender is a student. If the offender is a student, whether he attended the school where the crime occurred or a different school, and whether he was under school suspension or expulsion at the time of the offense;

(c) age and sex of the victim and whether the victim is a student. If the victim is a student, whether he attended the school where the crime occurred or a different school. If the victim is not a student, whether he was employed at the school and, if so, in what capacity;

(d) where, at what time, and under what circumstances the incident occurred;

(e) the cost of the crime to the school and to the victim;

(f) what action was taken by the school administration;

(3) crimes against property, including:

(a) description of the crime;

(b) where, at what time, and under what circumstances the crime occurred;

(c) the cost of the crime to the school and to the victim;

(d) what action was taken by the school administration.

Section 59-63-330. On forms prepared and supplied by the State Department of Education, each school district in the State shall report school-related crime quarterly to the State Department of Education. The department shall compile the information received from the districts and annually, not later than January thirty-first of the year following the districts' final quarterly reports of the school year, make a report to the General Assembly on the findings. In addition, the State Department of Education shall, upon receipt, forward all information concerning school related crime to the Attorney General's Office. This information will be used by the Attorney General in the supervision of the prosecution of school crime.

Section 59-63-340. The State Board of Education shall promulgate regulations necessary to enforce the provisions of this article.

Section 59-63-350. Local law enforcement officials are required to contact the Attorney General's `school safety phone line' to report when any felony, assault and battery of a high and aggravated nature, crime involving a weapon or drug offense is committed on school property or at

SECTION 2. This act takes effect July 1, 1996./

Amend title to conform.

Senator SETZLER explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

H. 4471 -- Reps. Cato, Vaughn, Easterday, Tripp and Rice: A JOINT RESOLUTION TO PROVIDE FOR A REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1996 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY FAVOR SUBDIVIDING THE DISTRICT INTO THREE OR MORE SEPARATE SCHOOL DISTRICTS AND REQUIRING THE CHAIRMAN OF THE GREENVILLE COUNTY LEGISLATIVE DELEGATION TO SUBMIT A PLAN OF SUBDIVISION DEVELOPED BY THE DELEGATION TO THE QUALIFIED ELECTORS OF THE DISTRICT IN 1998 FOR THEIR APPROVAL IF THE RESULTS OF THE 1996 REFERENDUM ARE IN FAVOR OF SUBDIVIDING THE DISTRICT.

Senator J. VERNE SMITH asked unanimous consent to take the Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Resolution. The question being the second reading of the Resolution.

Senators J. VERNE SMITH, FAIR, BRYAN, THOMAS and BOAN proposed the following amendment (S-LCI\4471.001), which was adopted:

Amend the bill, as and if amended, page 2, SECTION 1, by striking lines 23 through 43.

Amend title to conform.

There being no further amendments, the Resolution was read the second time and ordered placed on the third reading Calendar.

Senator BOAN desired to be recorded as voting in favor of unanimous consent for immediate consideration, adoption of the amendment and second reading of the Resolution.

H. 3203 -- Rep. Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ANY PERSON ELECTED TO A SCHOOL DISTRICT BOARD OF TRUSTEES OR APPOINTED OR ELECTED TO A COUNTY BOARD OF EDUCATION AFTER JULY 1, 1995, WHO PREVIOUSLY HAS NOT SERVED IN SUCH OFFICE, SHALL SUCCESSFULLY COMPLETE AN ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL REIMBURSE LOCAL SCHOOL DISTRICTS AND BOARDS OF EDUCATION FOR THE COST OF THESE ORIENTATIONS UP TO A MAXIMUM AMOUNT PER YEAR.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.

Senator HAYES explained the amendment.

Senator McCONNELL raised a Point of Order under Rule 38, that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

H. 3879 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-3-315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,

On motion of Senator PEELER, the Bill was carried over.

At 12:25 P.M., Senator GIESE requested a leave of absence until 2:00 P.M.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

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.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator PASSAILAIGUE proposed the following Amendment No. 16B (3901R054.ELP):

Amend the bill, as and if amended, by adding the following appropriately numbered PART:

SECTION 1. Article 3, Chapter 37, Title 12 of the 1976 Code is amended by adding:

"Section 12-37-224. (A) In addition to property tax exemptions allowed pursuant to Section 12-37-220(B), real property assessed pursuant

(B) If real property is permanently improved, the value of the improvement is not exempt from ad valorem taxation under this section.

(C) If real property is transferred, it is exempt from ad valorem taxation to the extent that the fair market value, at the time of transfer, of the property is lower than the assessed value. Fair market value is equal to the sale price, except that:

(1) for the purposes of this section, the acquisition of residential property, assessed pursuant to Section 12-43-220(c),

(a) by a spouse by:

(i) interspousal gift or

(ii) equitable distribution pursuant to Section 20-7-472; or

(b) by a surviving spouse from the deceased spouse by devise or operation of law, is not considered a transfer; and

(2) when a transfer occurs between related taxpayers as defined in Section 267(b) of the United States Internal Revenue Code, other than between spouses, the fair market value is equal to the sale price unless the assessor obtains an objective appraisal showing the sale price is not at least ninety percent of the appraisal price, in which case the fair market value is equal to the appraisal price; and

(3) when a transfer occurs and the same property is subsequently transferred back to the transferor, the fair market value is equal to the sale price unless the assessor obtains an objective appraisal showing the sale price is not at least ninety percent of the appraisal price, in which case the fair market value is equal to the appraisal price.

(D) When property is transferred the seller and buyer must each sign an affidavit, swearing under penalty of perjury, stating:

(1) whether or not the seller and the buyer are related, as defined herein; and

(2) whether or not the seller and the buyer believe in good faith that the sales price is at least ninety percent of the appraisal price.

(E) A property taxpayer who disputes the determination of the fair market value of his property pursuant to subsection (C)(2) or (C)(3), or a property taxpayer who can show the value of his property has substantially

(F) The Department of Revenue may promulgate regulations to enact the provisions of this section.

(G) Notwithstanding any other provision of law, the value of property exempt from taxation in the manner provided in this section is considered taxable for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State, and for purposes of computing the `index of taxpaying ability' pursuant to Section 59-20-20(3)."

SECTION 2. Chapter 20, Title 59 of the 1976 Code is amended by adding:

"Section 59-20-85. Notwithstanding the computations prescribed in Section 59-20-40, the level of state contributions to each district shall not be reduced to a per-pupil level of foundation program funds below that per-pupil level of state funding of programs for the Education Finance Act.

Provided, a district shall not receive annually an increase in state funds less than the full rate of the inflationary adjustment in the base student cost specified in Section 59-20-40(1)(b). This increase shall be computed annually over and above the amount actually received from the State for the foundation program in the prior fiscal year."

SECTION 3. Unless otherwise specifically provided, this PART takes effect upon approval by the Governor, except that Sections 12-37-224(A), (B), and (C) take effect January 1, 1997, and applies with respect to increases in fair market value attributable to countywide reassessment programs implemented after 1985. No refunds must be paid for property tax years before 1996 as a result of the exemption allowed by this section./

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by adjournment, with Senator PASSAILAIGUE retaining the floor.

I voted against the adoption of the PASSAILAIGUE amendment (Amendment No. 15C) on H. 3901 on Thursday, February 29, 1996, because I object to the language regarding Home Rule.

I was unable to stay for the final hour of the Senate's Thursday, February 29, 1996, session, as I had to leave for Charleston to undergo medical testing at the Medical University of South Carolina. Had I been present, I would have voted to support passage of Senator Passailaigue's amendment which would allow the people of South Carolina to vote on this important matter.

Having received a favorable report from the Kershaw County Delegation, the following appointment was confirmed in open session:

Reappointment, Kershaw County Master-in-Equity, with term to commence July 1, 1995, and to expire July 1, 2001:

Honorable Rolly W. Jacobs, Post Office Box 664, Camden, S.C. 29020

At 1:13 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT Pro Tempore.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, we read in the Book of Proverbs, Chapter 16 (v.22):

"Wisdom is a fountain of life to one

who has it,

But Folly is the punishment of fools."
Let us pray.

O God of glory and of grace, we acknowledge that we, too, are caught up in the world's upheavals and confusions.

As we walk the twilight path of indecision, seeking knowledge and understanding, help us as we counsel and instruct each other to be forthright in our convictions.

Whenever we find ourselves caught between the horns of doing what we WANT to do and what we OUGHT to do, may we, by the grace of God, do what we know in our hearts we OUGHT TO DO.

To You be all the glory!

Amen.

At 11:12 A.M., Senator MARTIN assumed the Chair.

The ACTING PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

(R. 242) S. 654 -- Senator Greg Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT THE TEMPORARY MINIBOTTLE PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN AN AREA OF A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX REVENUES IN EXCESS OF SIX MILLION DOLLARS AND WHICH BY

March 4, 1996
Mr. President and Members of the Senate:

I am hereby returning without my approval S. 654, R. 242, an Act:

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT THE TEMPORARY MINIBOTTLE PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN AN AREA OF A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX REVENUES IN EXCESS OF SIX MILLION DOLLARS AND WHICH BY REFERENDUM HAS AUTHORIZED THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180 AND IF A REFERENDUM APPROVING THESE PERMITS IS HELD IN THE AFFECTED AREA OF THE COUNTY AND THE COUNTY IN WHICH THE REFERENDUM IS TO BE HELD HAS ANNUAL ACCOMMODATIONS TAX REVENUES IN EXCESS OF FIVE HUNDRED THOUSAND DOLLARS.

This veto is based upon several grounds, one of which is my belief that S. 654, R. 242 of 1996, is unconstitutional. Article III, Section 34 of the South Carolina Constitution prohibits the adoption of special laws. Subsection (IX) requires that "where a general law can be made applicable, no special law shall be enacted..." This bill is clearly special legislation, and is an attempt to allow a particular area of a county to circumvent existing general state law.1 This bill illustrates the pitfalls of special legislation and, if enacted, will set a bad precedent for all areas of the law, not just this particular issue.

1Section 61-5-180 authorizes temporary permits for Sunday alcohol sales in counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits.

| Printed Page 910, Mar. 5 | Printed Page 930, Mar. 6 |

This web page was last updated on Monday, June 29, 2009 at 2:00 P.M.