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

Renumber sections to conform.

Amend totals and title to conform.

Senator LEVENTIS explained the amendment.

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

The following Bill and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:

H. 4224 -- Reps. Stille, Carnell, McAbee and Townsend: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE ABBEVILLE COUNTY TRANSPORTATION COMMITTEE.

On motion of Senator LANDER, H. 4224 was ordered to receive a third reading on Wednesday, May 31, 1995.

H. 4009 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: CONSTRUCTION, DEMOLITION AND LAND-CLEARING DEBRIS LANDFILLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1786, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator COURTNEY asked unanimous consent to take the Resolution up for immediate consideration.

There was no objection.

On motion of Senator COURTNEY, with unanimous consent, H. 4009 was ordered to receive a third reading on Wednesday, May 31, 1995.

H. 4226 -- Reps. Stuart, Cobb-Hunter, Sharpe, Felder and Govan: A BILL TO AUTHORIZE THE MEMBERS OF THE ORANGEBURG COUNTY TRANSPORTATION COMMITTEE TO BE REIMBURSED MILEAGE FROM FUNDS AVAILABLE FOR ADMINISTRATIVE EXPENSES OF THE COMMITTEE AND TO PROVIDE FOR THE ALLOWABLE RATE.

Senator MATTHEWS asked unanimous consent to take up the Bill for immediate consideration. The question was the second reading of the Bill.

The Bill was read the second time, passed and ordered to a third reading.

On motion of Senator MATTHEWS, H. 4226 was ordered to receive a third reading on Wednesday, May 31, 1995.

H. 4018 -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-16-75 SO AS TO PROHIBIT A SPECIAL INSPECTOR FROM PERFORMING ELEVATOR INSPECTIONS UNDER CERTAIN CIRCUMSTANCES.

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

Senator LEATHERMAN proposed the following amendment (BBM\10338AC.95), which was adopted:

Amend the bill, as and if amended, by deleting SECTION 2 and inserting:

/SECTION 2. The 1976 Code is amended by adding:

"Section 40-59-255. (A) An inspection report issued by a licensed home inspector under this chapter must be on a form approved by the commission. For purposes of this section, a form that contains the same information as the commission-approved form is considered to have met the requirements of this section.

(B) Nothing in this section may require a home inspector to inspect every item contained in the commission-approved form, nor may it limit a home inspector from performing a home inspection whose scope goes beyond the information contained in the commission-approved form. A

(C) A home inspector shall disclose the scope and limitations, if any, of each inspection before performing a home inspection."

SECTION 3. The 1976 Code is amended by adding:

"Section 40-59-257. `Advertisement' means any form of public notice, however disseminated. An advertisement by a licensed home inspector shall include the name, business name, address, and license number of the licensee. The use of any false, misleading, unfair, or deceptive practice in any advertisement is grounds for disciplinary action as provided for under this chapter."

SECTION 4. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN explained the amendment.

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

S. 874 -- Senator Alexander: A BILL TO CREATE THE OCONEE COMMUNITY THEATRE AUTHORITY, PROVIDE FOR ITS RESPONSIBILITIES, MEMBERSHIP OF THE AUTHORITY, TERMS, OFFICERS, COMMITTEES, REQUIRE THE AUTHORITY TO PROPOSE AND ADOPT A BUDGET, AND THE RULES OF THE ORDER UNDER WHICH THE AUTHORITY MUST OPERATE.

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

On motion of Senator ALEXANDER, the Bill was committed to the Oconee Delegation.

H. 3567 -- Rep. Quinn: A BILL TO AMEND SECTION 61-1-95, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEER, WINE, AND ALCOHOLIC BEVERAGE PERMITS AND LICENSES, SO AS TO DELETE THE PROHIBITION ON THE ISSUE OF A PERMIT OR LICENSE FOLLOWING SUSPENSION OR REVOCATION TO ANY PERSON WITHIN THE

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

H. 3518 -- Rep. Richardson: A BILL TO AMEND SECTION 38-31-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION ACT", SO AS TO CHANGE THE DEFINITION OF "COVERED CLAIM"; AND TO AMEND SECTION 38-31-100, RELATING TO THE SAME ACT, THE REQUIREMENT THAT CLAIMANTS EXHAUST RIGHTS UNDER OTHER POLICIES, AND CLAIMS RECOVERABLE FROM MORE THAN ONE ASSOCIATION, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, THAT ANY RECOVERY UNDER THIS ACT MUST BE REDUCED BY THE STATUTORY CAP APPLICABLE TO THE OTHER INSURANCE GUARANTY ASSOCIATION OR ITS EQUIVALENT.

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

Senator SALEEBY proposed the following amendment (S-INS\001):

Amend the bill, as and if amended, by striking SECTION 2 in its entirety.

Amend sections to conform

Amend title to conform.

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

At 12:45 P.M., on motion of Senator MOORE, the Senate receded from business until 2:00 P.M.

The Senate reassembled at 2:00 P.M., and was called to order by the PRESIDENT.

On motion of Senator MOORE, with unanimous consent, leave was granted to Senators THOMAS, WILSON and WASHINGTON to attend a meeting of a Committee of Conference on H. 3613, to be counted in any quorum calls, and they were to be notified if any roll call votes were taken.

There was no objection and the motion was adopted.

On motion of Senator MOORE, with unanimous consent, leave was granted to Senators HOLLAND, COURSON and MOORE to attend a meeting of a Committee of Conference on S. 219, to be counted in any quorum calls, and they were to be notified if any roll call votes were taken.

There was no objection and the motion was adopted.

On motion of Senator MOORE, with unanimous consent, leave was granted to Senators DRUMMOND, J. VERNE SMITH and PEELER to attend a meeting of a Committee of Conference on H. 3362 (the General Appropriation Bill), to be counted in any quorum calls, and they were to be notified if any roll call votes were taken.

There was no objection and the motion was adopted.

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

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

Alexander         Boan             Bryan

Cork              Courson          Courtney

Drummond          Elliott          Ford

Giese             Glover           Gregory

Hayes             Holland          Jackson

Land              Lander           Leatherman

Leventis          Martin           Matthews

McConnell         McGill           Mescher



Printed Page 3365 . . . . . Tuesday, May 30,
1995

Moore             O'DellPassailaigue

Patterson         Peeler           Rankin

Reese             Richter          Rose

Russell           Ryberg           Saleeby

Setzler           Short            Smith, G.

Smith, J.V.       Stilwell         Thomas

Waldrep           Washington       Williams

Wilson

A quorum being present, the Senate resumed.

H. 3096 -- Reps. Thomas, Marchbanks, Simrill, Cromer, Walker, Vaughn, Wilder, Tripp, Elliott, Wells, Stille, Kelley, Richardson, Gamble, Stuart, Phillips, D. Smith, Law, Allison, Harrison, Keyserling, Tucker, Meacham, Shissias, Robinson, Baxley and Spearman: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIMES", SO AS TO INCLUDE THE CRIME OF HOMICIDE BY CHILD ABUSE.

Senator HOLLAND asked unanimous consent to take up for immediate consideration the Report of the Committee of Conference.

Senator LEATHERMAN objected.

Senator DRUMMOND, Chairman of the Senate Finance Committee, was recognized to give a status report regarding the work of the Committee of Conference.

Senator J. VERNE SMITH was recognized to speak on the report.

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,

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 4 (3901R004.GFM) proposed by Senator McCONNELL and previously printed in the Journal of Monday, May 29, 1995.

On motion of Senator PASSAILAIGUE, with unanimous consent, Amendment No. 4 was carried over.

Senator PASSAILAIGUE asked unanimous consent to take up for immediate consideration Amendment No. 6A.

Senator LEATHERMAN objected.

I have generally supported the plan to allow the state's electorate to vote for a sales tax to eliminate residential property tax. However, Amendment No. 6A incorporates changes in the income tax that will raise the income tax burden on the average two-income, middle-class family. For that reason, I believe the amendment requires further scrutiny.

On motion of Senator HAYES, with unanimous consent, Amendment No. 5 was carried over.

Senator PASSAILAIGUE proposed the following Amendment No. 6A (3901R006.ELP), which was tabled:

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

"Do you favor raising the statewide sales, use, and casual excise tax rate from five to six percent and replacing the state individual income tax with a flat tax on all income of individuals at a rate of six percent with a non- refundable personal exemption credit of four hundred dollars per exemption to be phased out beginning with adjusted gross income that exceeds fifteen thousand dollars and to provide for a refundable credit for taxes paid to other states in order to grant 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 and county special tax districts?

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'."

SECTION 1. A. Article 3, Chapter 7, Title 12 of the 1976 Code is amended by adding:

"Section 12-7-211. (A) For taxable years beginning after 1995, a tax at the rate of six percent is imposed on the South Carolina taxable income of individuals, estates, and trusts.

(B) For purposes of the tax imposed by this section, South Carolina taxable income is the taxpayer's adjusted gross income as defined under the Internal Revenue Code with the modifications specified in subsection (C) of this section.

(C) There is allowed as a deduction from South Carolina adjusted gross income interest income on obligations of the United States.

B. Article 3, Chapter 7, Title 12 of the 1976 Code is amended by adding:

"Section 12-7-220. There is allowed as a non-refundable credit against the tax due imposed pursuant to Section 12-7-211 an amount equal to four hundred dollars for each individual taxpayer and dependent claimed by the

C. Sections 12-7-210, 12-7-212, 12-7-213, 12-7-215, 12-7-410, 12-7-430, 12-7- 435, 12-7-437, 12-7-441, 12-7-460, 12-7-1210, 12-7-1230, and 12-7-1235 of the 1976 Code are repealed for taxable years beginning after 1995.

D. Individual income tax revenues produced pursuant to the tax imposed by Section 12-7-211 of the 1976 Code that exceed the revenues that would have been produced by the tax imposed by Section 12-7-210 as repealed by this act must be credited to the Property Tax Relief Fund.

SECTION 2. Chapter 36, Title 12 of the 1976 Code is amended by adding:

Section 12-36-1110. An additional sales, use, and casual excise tax equal to one percent is imposed on amounts taxable pursuant to this chapter. Revenue of the tax imposed pursuant to this article must be credited to the Property Tax Relief Fund in the State Treasury, a fund separate and distinct from the general fund of the State.

Section 12-36-1120. (A) The revenues in the Property Tax Relief Fund must be distributed quarterly beginning October first of each year by the Comptroller General to reimburse property taxing jurisdictions a sum equal to that not collected in the jurisdiction for property tax year 1996 because of Section 12-37-257. If insufficient revenues are available in the Property Tax Relief Fund to pay the required reimbursements, the Comptroller General shall pay the difference from the general fund of the State. County treasurers and municipal governing bodies where appropriate shall file quarterly reports of estimated revenue losses with the Comptroller General in the manner and at the time the Comptroller General directs. After making any changes necessary to ensure accuracy, the Comptroller General shall make reimbursements based on these estimates. The final accounting for the fiscal year must be filed in the manner provided for homestead exemption reimbursements in Section 12-37-270, mutatis mutandis. For purposes of future distributions, property tax year 1996 is deemed the base year.

SECTION 3. Section 12-36-940 of the 1976 Code is amended to read:

"Section 12-36-940. Every retailer may add to the sales price:

(1) no amount on sales of ten cents or less;

(2) one cent on sales of eleven cents and over, but not in excess of twenty cents;

(3) two cents on sales of twenty-one cents and over, but not in excess of forty cents;

(4) three cents on sales of forty-one cents and over, but not in excess of sixty cents;

(5) four cents on sales of sixty-one cents and over, but not in excess of eighty cents;

(6) five cents on sales of eighty-one cents and over, but not in excess of one dollar;

(7) one cent additional for each twenty cents or major fraction thereon in excess of one dollar.

The inability, impracticability, refusal, or failure to add these amounts to the sales price and collect from the purchaser does not relieve the taxpayer from the tax levied by this article.

A retailer may add the amount of the tax to the sales price and the department shall prescribe tables providing the amount to be added to the sales price consistent with the total rate of the tax."

SECTION 4. A. The gross proceeds of sales of tangible personal property delivered after June 30, 1996 in this State, either under the terms of a construction contract executed before July 1, 1996, or a written bid submitted before July 1, 1996, culminating in a construction contract entered into before or after July 1, 1996, are exempt from the tax provided in Section 12-36-1110 of the 1976 Code if a verified copy of the contract is filed with the South Carolina Department of Revenue and Taxation before January 1, 1997.

B. Notwithstanding the date of general imposition of the tax imposed pursuant to Section 12-36-1110 of the 1976 Code, with respect to services

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