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Section 12-37-540. Each year, at the time the tax notices are mailed, the tax collector shall notify each property owner to whom a homestead tax deferral has been previously granted of the accumulated sum of deferred taxes and interest outstanding.

Section 12-37-545. (A) If there is a change in tax-deferred property so that the owner is no longer entitled to a homestead exemption for the property pursuant to Section 12-37-250, or if the owner fails to maintain the required fire and extended insurance coverage, the total amount of deferred taxes and interest for all previous years are due and payable either on the date on which the change occurs or on the date failure to maintain insurance occurs.

(B) If there is a change in ownership of tax-deferred property, the total amount of deferred taxes and interest for all previous years is due and payable on the date the change in ownership occurs. However, when the change in ownership is to a surviving spouse and the spouse is eligible for a homestead exemption on the property pursuant to Section 12-37-250, the surviving spouse may continue the deferral of previously deferred taxes and interest pursuant to this article.

(C) During any year in which the total amount of deferred taxes, interest, and all other unsatisfied liens on a homestead exceeds eighty-five percent of the fair market value of the homestead, the tax collector shall immediately notify the owner of the homestead that the portion of taxes and interest which exceeds eighty-five percent of the value of the homestead is due and payable within thirty days of receipt of the notice. Failure to pay the amount due shall cause the total amount of deferred taxes and interest also to become due and payable at the end of the thirty days.

(D) Each year, upon notification, each owner of property on which taxes and interest have been deferred shall submit to the tax collector a list, and the current value, of all outstanding liens on the owner's homestead. Failure to respond to the notification within thirty days of its receipt shall cause the total amount of deferred taxes and interest to become due and payable at the end of the thirty days.

Section 12-37-550. (A) All or part of the deferred taxes and accrued interest may be paid at any time to the tax collector by:

(1) the owner of the property or the spouse of the owner, or

(2) the next of kin of the owner, heir of the owner, child of the owner, or any person having or claiming a legal or equitable interest in the property, provided that no objection is made by the owner within thirty days after the tax collector notifies the owner of the fact that the payment has been tendered. Any payment made under this item must be deposited in a special escrow account for the thirty-day period; and the tax collector may not make distribution of the amount while the funds are held in escrow.

(B) Any partial payment made pursuant to this section must be applied first to accrued interest. By ordinance of the governing body of the county or municipality, a minimum amount of partial payment which may be accepted pursuant to this part may be established, but required minimum payment may not exceed twenty-five dollars.

Section 12-37-555. When deferred taxes or interest is collected, the tax collector shall maintain a record of the payment, which record must contain a description of the property and the amount of taxes or interest collected for the property. The tax collector shall distribute payments received to the local taxing entities to whom the taxes are owed and the interest must be distributed as taxes are distributed.

Section 12-37-560. If any holder of a deed to secure debt or any mortgagee elects to pay the taxes of an applicant who qualifies for and receives a tax deferral, the election does not give the holder of the deed or the mortgagee the right to foreclose.

Section 12-37-565. Except with respect to requirements dictated by federal law, rule, or regulation, no mortgage, deed to secure debt, or other agreement may contain a provision, clause, or statement which prohibits the owner from claiming a real property tax deferral on his homestead. Any provision, clause, or statement executed after December 31, 1995, is void and unenforceable.

Section 12-37-570. (A) The following penalties are imposed on a person who wilfully files information required under this article which is incorrect:

(1) The person shall pay the total amount of taxes and interest deferred, which is immediately due;

(3) The person shall pay a penalty of twenty-five percent of the total amount of taxes and interest deferred.

(B) A person against whom the penalties prescribed in this section have been imposed may appeal the penalties imposed to the Administrative Law Judge Division within thirty days after the penalties are imposed."

B. This section takes effect January 1, 1996, and first applies with respect to property taxes due for the 1996 tax year./

Renumber sections to conform.

Amend title to conform.

Senator RANKIN was recognized.

Senator LAND asked unanimous consent to make a motion, with Senator RANKIN retaining the floor, that the Senate stand adjourned.

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

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

Reappointments, Fairfield County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

The Honorable William F. Pope, Route 1, Box 195-R, Winnsboro, S.C. 29180

Honorable Marion C. Smith, 308 Carlisle Avenue, Winnsboro, S.C. 29180

Honorable Thomas A. Jackson, Route 1, Box 1064, Great Falls, S.C. 29055

Honorable John J. Hood, Jr., Post Office Box 423, Winnsboro, S.C. 29180

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

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

Honorable Sidney McLaurin Rogers, Post Office Box 1313, Bennettsville, S.C. 29512

Reappointments, Lexington County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

Honorable Bruce Rutland, 650 Knox Abbott Drive, Cayce, S.C. 29033

Honorable Thomas H. Rawl, III, 304 South Lake Drive, Lexington, S.C. 29072

Honorable William Gregory Shockley, 2029 Highway 178, Swansea, S.C. 29160

Honorable George Marion Shealy, Post Office Box 253, Batesburg, S.C. 29006

The Honorable Llewellyn H. Hames, 672 Old Friars Road, Columbia, S.C. 29210

Honorable Shirley M. Sons, 521 Gibson Road, Lexington, S.C. 29072

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

Initial Appointments, Aiken County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

Ms. Carolyn P. Williams, 672 Kershaw Street, Aiken, S.C. 29801 VICE Albert Bradley

Mr. Carl S. Insley, Post Office Box 636, Langley, S.C. 29834 VICE Ralph Barber

Reappointments, Aiken County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

Honorable Max A. Meek, 1680 Richland Avenue, West, Aiken, S.C. 29801

Honorable Rodger E. Edmonds, Post Office Box 6493, North Augusta, S.C. 29841-6493

Honorable Olin T. Corbett, Post Office Box 422, Salley, S.C. 29137-0422

Honorable Gibson O'Neal Fallaw, Jr., 394 Farmview Road, Batesburg, S.C. 29006

Honorable Julian M. Williams, 1047 Minter Avenue, Langley, S.C. 29834-7553

Honorable Joey Lee Addie, 14 Masonic Shopping Center, Graniteville, S.C. 29829

Reappointment, Aiken County Magistrate, with term to commence May 21, 1995, and to expire April 30, 1999:

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

Reappointments, Richland County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

Honorable Michael R. Davis, 233 King Charles Road, Columbia, S.C. 29209

Honorable William T. Smith, Jr., 6605 Arcadia Woods Road, Columbia, S.C. 29206

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

Reappointments, Newberry County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

The Honorable Luke B. Hart, 313 Main Street, Whitmire, S.C. 29178

The Honorable Hammie J. Smith, Post Office Box 198, Peak, S.C. 29122-0198

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

Reappointments, Berkeley County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

The Honorable Oliver Levine, 1120 Calamus Pond Road, Summerville, S.C. 29483

Honorable Harry Lee Wright, 1619 Old Highway 6, Cross, S.C. 29436

Honorable Perry L. Murray, 108 Belknap Road, Goose Creek, S.C. 29445

The Honorable Edward L. Sessions, 1064 Dominion Drive, Hanahan, S.C. 29405

Honorable Thomas F. Mitchum, HC 69 Box 1570, Moncks Corner, S.C. 29461

Honorable Ervin Brown, 1133 Schurlknight Road, St. Stephen, S.C. 29479

Honorable McGregor T. Dennis, Post Office Box 40, Bonneau, S.C. 29431

Initial Appointments, Berkeley County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

The Honorable David G. Brown, 5928 Commonwealth Circle, Hanahan, S.C. 29406 VICE William H. Hatchett

Ms. Karen D. Hightower, 112 Milton Drive, Goose Creek, S.C. 29445 VICE Pamela J. Polzin

Ms. Ellen L. Karesh, 20 Montclair Avenue, Goose Creek, S.C. 29445 VICE Joey F. Murray

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

Reappointments, Anderson County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

Honorable Thomas H. Williams, 1807 Highway 243, Townville, S.C. 29689

Honorable James T. Busby, Jr., 1200 Good Hope Church Road, Starr, S.C. 29684

Honorable John C. Suber, 330 Hamilton Street, Williamston, S.C. 29697

Honorable Carl E. Anderson, 107 South Main Street, Anderson, S.C. 29622

Honorable John B. Ashley, Sr., Post Office Box 214, Honea Path, S.C. 29654

Honorable David L. Crenshaw, 804 Cherry Street, Pendleton, S.C. 29670

Honorable Robert G. Gilstrap, 108 Olivarri Drive, Anderson, S.C. 29621

Honorable William P. Steele, Jr., 100 South Main Street, Anderson, S.C. 29624

Honorable Sherry E. Mattison, Post Office Box 828, Belton, S.C. 29627

Honorable John M. McCoy, 601 Saluda Drive, Piedmont, S.C. 29673

The Honorable Clarence R. Gentry, 7626 Highway 81, Starr, S.C. 29684

Initial Appointments, Anderson County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

Mr. Roger D. Scott, Post Office Box 6, Pelzer, S.C. 29669 VICE Joe T. Branyon (retired)

The Honorable Nancy Wilson Devine, 121 Wilson Road, Williamston, S.C. 29697 VICE Charles A. McDowell

At 6:42 P.M., on motion of Senator LAND, 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. Paul exhorted the Ephesians in these words (6:17):

"Take the helmet of salvation,

and the sword of the Spirit, which

is the word of God."
Let us pray.

O God of Heaven and earth, who has more love for us than we have for You:

As we behold the ceremonial sword of our beloved Senate, the symbol of the power of the State, and the mace of the honorable House, the symbol of the authority of the people, help us to lift our eyes above these mundane symbols and these temporal realities.

Make us aware of the availability of another sword and another mace, the Sword of the Spirit of God and the Mace of the Law of God; that we may render not only obeisance but obedience to these, the ultimate realities of our mortal life, in the Name of the God of Moses and King David.

Amen.

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

Attached please find a letter signed by the members of the House of Representatives and of the Senate who represent the counties in the state's

To Whom It May Concern:

Pursuant to the provisions of Section 48-39-40, Code of Laws of South Carolina, as amended, the members of the House of Representatives and of the Senate who represent the counties in the state's Second Congressional District have by majority vote reelected J. McCauley Bennett of Columbia, S.C., to serve as Second Congressional District member of the Coastal Zone Management Appellate Panel for a term of four years.

Respectfully submitted,

FOR THE SENATE:
/s/Holly A. Cork /s/John E. Courson
/s/Warren K. Giese /s/Darrell Jackson
/s/James A. Lander /s/John W. Matthews, Jr.
/s/William Clarence Mescher/s/Kay Patterson
/s/W. Greg Ryberg /s/Nikki G. Setzler
/s/McKinley Washington, Jr./s/Marshall B. Williams
/s/Addison G. "Joe" Wilson

FOR THE HOUSE OF REPRESENTATIVES:
/s/Wilbur L. Cave /s/William F. "Bill" Cotty
/s/James L. Mann Cromer, Jr./s/John G. Felder
/s/Margaret J. Gamble /s/James H. Harrison
/s/William D. "Billy" Keyserling/s/John M. "Jake" Knotts
/s/Larry L. Koon /s/Walter P. Lloyd
/s/Douglas E. McTeer, Jr./s/Richard M. Quinn, Jr.
/s/Scott H. Richardson /s/John W. "Bill" Riser
/s/Timothy F. Rogers /s/Charles R. Sharpe
/s/June S. Shissias /s/Elsie Rast Stuart
/s/Juanita M. White /s/David A. Wright

In commemoration of continuous service with the State of South Carolina, Senator WILLIAMS, President Pro Tempore of the Senate, presented certificates and awarded service pins to the following Senators for their respective years of service:

James E. Bryan, Jr. 10 years

John E. Courson 10 years

Robert W. Hayes, Jr. 10 years

David L. Thomas 10 years

Addison Graves Wilson 10 years

John W. Matthews, Jr. 20 years

Kay Patterson 20 years

McKinley Washington, Jr.20 years

John Drummond 30 years

Senator WILLIAMS presented certificates and awarded service pins to the following Senate staff commemorating their respective years of state service:

Amy Alexander 10 years

Michael N. Couick 10 years

Charles R. McGirt 10 years

Robert E. Merritt 10 years

Mary Lou Price 10 years

Barbara N. Satterwhite10 years

William Hogan Brown 10 years

Vanessa E. Collier 10 years

Frances Alicia Eatmon 10 years

Debra D. Hammond 10 years

Susan S. Musser 10 years

Claire H. Prince 10 years

Frank A. Rainwater 10 years

Abla Shamkhani 10 years

Sherrilyn Lee Teed 10 years

Kenneth L. Tisdale 10 years

Agnes H. Walker 10 years

Susan B. DeWitt 20 years

Lucinda M. Shirley 20 years

Rebecca K. Gunter 20 years

Kathie L. Parker 20 years

Rosemary S. Smith 20 years

Roger W. Beaver 20 years

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