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(2) by special purpose or public service districts;

(3) by county special tax districts;

(4) any ad valorem taxes levied pursuant to a referendum in which a majority of the qualified electors of the jurisdiction voting in the referendum voted in favor of levying the taxes."

(2) Subject to Subsection A of this section, Section 12-37-253 of the 1976 Code, as added by this section, is effective for property tax years beginning after 1995.

G. (1) Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:

"( ) Effective July 1, 1998, food items eligible for purchase with United States Department of Agriculture food coupons, not including restaurant meals."

(2) Notwithstanding the rates of tax imposed pursuant to Chapter 36, Title 12 of the 1976 Code, the rate of tax imposed pursuant to that chapter on the gross proceeds of sales, or the sale price of food items eligible for purchase with United States Department of Agriculture food coupons, not including restaurant meals, is two percent for sales or consumption in fiscal year 1996-97, and one percent for such sales or consumption in fiscal year 1997-98. Eighty percent of the revenues from sales taxes imposed by this subsection must be credited to the general fund of this State and the remainder must be credited to the Education Improvement Act Fund.

H. Subsection A of this section takes effect upon approval by the Governor. The remaining subsections of this section take effect January 1, 1996, or as otherwise stated, but only upon the certification of the State Election Commission to the Code Commissioner and the Department of Revenue and Taxation of a majority "yes" vote in the referendum provided by this section./

Renumber sections to conform.

Amend totals and title to conform.

Senator LEATHERMAN explained the amendment.

Senator WILSON argued contra to the adoption of the amendment.

Senator PASSAILAIGUE spoke on the amendment.

Bryan             Cork             Ford

Glover            Holland          Jackson

Land              Lander           Leatherman

Martin            Matthews         McGill

Moore             Patterson        Reese

Saleeby           Short            Smith, J.V.

Thomas            Washington       Williams

Alexander         Courson          Courtney

Elliott           Giese            Gregory

Hayes             McConnell        Mescher

O'Dell            Passailaigue     Peeler

Rankin            Richter          Rose

Russell           Setzler          Smith, G.

Stilwell          Wilson

The amendment was adopted.

Senator LEATHERMAN proposed the following Amendment No. 2 (BBM\10333HTC.95), which was adopted:

Amend the bill, as and if amended, by adding an appropriately-numbered section to read:

/SECTION . A. Section 12-43-250 of the 1976 Code is amended to read:

"Section 12-43-250. The Commission shall make sales ratio studies in all counties of the State and when, in the judgment of the Commission, a county needs to reassess or remap property, the Commission shall make application to the circuit court in which the county is located for a determination of whether or not the county shall be required to commence reassessment or remapping. If the circuit court determines that the county needs reassessment or remapping, such county shall be required to

B. The Department of Revenue and Taxation shall establish a schedule of initial reassessment programs for all counties in conformity with the provisions of Section 12-43-250 of the 1976 Code as amended by this section as follows:

GROUP I-Program completed in 1997 with revised values applicable beginning with the 1998 property tax year.

Allendale

Bamberg

Berkeley

Chesterfield

Darlington

Dorchester

Florence

Horry

Lancaster

Newberry

Pickens

GROUP II-Program completed in 1998 with revised values applicable beginning with the 1999 property tax year.

Barnwell

Charleston

Chester

Fairfield

Georgetown

Greenville

Lee

Lexington

Marlboro

Richland

Union

Williamsburg

York

Abbeville

Aiken

Calhoun

Clarendon

Dillon

Greenville

Edgefield

Greenwood

Hampton

Kershaw

Union

Laurens

Marion

Oconee

Saluda

GROUP IV-Program completed in 2000 with revised values applicable beginning with the 2001 property tax year.

Anderson

Beaufort

Cherokee

Colleton

Jasper

McCormick

Orangeburg

Spartanburg

Sumter

Nothing in this subsection prohibits a county from implementing a reassessment program sooner than provided in the schedule./

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

Senator PASSAILAIGUE desired to be recorded as voting against the adoption of Amendment No. 2.

At 1:10 P.M., Senator THOMAS requested a leave of absence until 1:45 P.M.

Senators PASSAILAIGUE, McCONNELL and ROSE proposed the following Amendment No. 3 (3901R003.ELP):

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:

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

"Section 12-37-224. In addition to property tax exemptions allowed pursuant to Section 12-37-220(B), there is allowed as an exemption from ad valorem taxation an amount of the fair market value of residential real property assessed pursuant to Section 12-43-220(c) and real property and improvements thereon assessed pursuant to Section 12-43-220(e) equal to increases in fair market value resulting from reassessments occurring after the year the present owner acquired ownership. When the property is transferred, its value for purposes of ad valorem taxation is its fair market value at that time. This exemption does not extend to increases in fair market value attributable to permanent improvements made to the property. For purposes of this exemption, the acquisition of residential property assessed pursuant to Section 12-43-220(c) by a spouse by interspousal gift or by a surviving spouse from the deceased spouse by devise or operation of law is not considered a change of ownership."

B. This section takes effect January 1, 1995, 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 1995 as a result of the exemption allowed by this section./

Amend the bill further, as and if amended, by striking the last SECTION and inserting:

/SECTION . Except as otherwise provided in this act, this act shall take effect upon approval of the Governor./

Amend title to conform.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment.

Senator BRYAN argued contra to the adoption of the amendment.

Senator McCONNELL argued in favor of the adoption of the amendment.

Debate was interrupted by adjournment, Senator McCONNELL retaining the floor.

At 1:50 P.M., on motion of Senator MOORE, 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.

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

Beloved, St. Mark records an episode in Bethsaida, Chapter 8 (vv. 23-25):

"And Jesus asked the blind man,

`Can you see anything?'

And the man looked up and said,

`I can see people, but they look

like trees, walking.'

Then Jesus laid His hands on his eyes

again... and he saw everything

clearly."
Let us pray.

Heavenly Father, we're beginning to get a bit tired, and figures and issues and people begin to appear a bit blurred.

We pray for perspective and stamina!

Help us, in these days of stress, to distinguish between people and trees, between shadows and substance, between living concerns that are vital for the life of our people and the unimportant things that will have been forgotten in a few days.

Enable us to see things in focus, unblurred! "Dawn on our darkness, and lend us Thine aid."

Amen.

H. 3808 -- Reps. Law, Wofford, Kirsh, Dantzler and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-735 SO AS TO PROVIDE FOR PAYMENT OF THE LICENSE TAX ON CIGARETTES AND TOBACCO PRODUCTS BY THE REPORTING METHOD RATHER THAN BY TAX STAMPS; AND TO REPEAL SECTIONS 12-21-720, 12-21-730, AND 12-21-820, RELATING TO CIGARETTE LICENSE TAX STAMPS.

Senator CORK objected.

Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator LEATHERMAN moved that a call of the Senate be made. The following Senators answered the call:

Alexander         Bryan            Cork

Courson           Courtney         Elliott

Ford              Giese            Glover

Gregory           Hayes            Holland

Jackson           Land             Lander

Leatherman        Leventis         Martin

Matthews          McConnell        McGill

Mescher           Moore            O'Dell

Passailaigue      Patterson        Rankin

Reese             Richter          Rose

Russell           Saleeby          Setzler

Short             Smith, G.        Smith, J.V.

Stilwell          Thomas           Waldrep

Washington        Williams         Wilson

A quorum being present, the Senate resumed.

Senator WILLIAMS asked unanimous consent to make a motion that when the Senate adjourns today, it stand adjourned to meet for local and uncontested matters at 11:00 A.M. on Friday, May 26, 1995, and that when the Senate adjourns on Friday, it stand adjourned to meet at 2:30 P.M. on Monday, May 29, 1995.

Senator LEVENTIS objected.

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

May 15, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Initial Appointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 1992, and to expire July 1, 1998:

5th Congressional District:

Mr. Campbell D. Coxe, Skuffel Farm, Post Office Box 505, Darlington, S.C. 29532 VICE Jake Rasor, Jr. (resigned)

Referred to the Committee on Fish, Game and Forestry.

May 19, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

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

The Honorable Patricia B. Dixon, 5467 Highway 165, Hollywood, S.C. 29449 VICE George W. Tumbleston, Jr. (retired)

Received as information.

May 23, 1995
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Reappointment, Richland County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable Milford D. Burriss, 343 Eastover Road, Eastover, S.C. 29044

Received as information.

Initial Appointments, Berkeley County Board of Voter Registration, with terms to commence March 15, 1994, and to expire March 15, 1996:

At-Large:

Mr. Edward Ravenell, 561 Tiny Lane, Cross, S.C. 29436 VICE Harold President

Mr. Charles E. Schuster, 27 North Basilica Avenue, Hanahan, S.C. 29406 VICE Ruby S. Mitchell (deceased)

Received as information.

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