Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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| Printed Page 2180, Apr. 11 | Printed Page 2200, Apr. 11 |
Printed Page 2191 . . . . . Thursday, April 11, 1996
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9204AC.96), which was adopted.

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

/SECTION __. Section 12-28-1575 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-1575. In general, a notice stating: "DYED DIESEL FUEL, NONTAXABLE USE ONLY, PENALTY FOR TAXABLE USE" must be:

(1) provided by the terminal operator to a person who receives dyed diesel fuel at a terminal rack of that terminal operator;

(2) provided by a seller of dyed diesel fuel to its buyer if the diesel fuel is located outside the bulk transfer/terminal system and is not sold from a retail pump or bulk plant posted in accordance with the requirements of item (3);

(3) posted by a seller on a retail pump or bulk plant where it sells dyed diesel fuel for use by its buyer."/

Renumber sections to conform.

Amend title to conform.

Rep. CARNELL explained the amendment.

The amendment was then adopted.

Printed Page 2192 . . . . . Thursday, April 11, 1996
The Bill, as amended, was read the second time and ordered to third reading.

H. 4834--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up.

H. 4834 -- Reps. Robinson, Herdklotz, Waldrop, Sandifer, Fulmer, Trotter, Marchbanks, Rice, Haskins and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-2-75 SO AS TO PROVIDE FOR THE METHOD OF SIGNING INCOME TAX RETURNS; TO AMEND SECTION 12-4-310, AS AMENDED, RELATING TO DUTIES OF THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO REVISE A REFERENCE TO THE BOND REQUIREMENT FOR DEPARTMENTAL OFFICERS AND EMPLOYEES; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE OF 1986 NOT ADOPTED IN THE DETERMINATION OF SOUTH CAROLINA TAXABLE INCOME, SO AS TO DELETE THE EXCLUSION OF PROVISIONS RELATING TO AN INNOCENT SPOUSE; TO AMEND SECTION 12-31-60, RELATING TO PENALTIES PROVIDED UNDER THE INTERNATIONAL FUEL TAX AGREEMENT, SO AS TO MAKE THESE PENALTIES APPLY IN LIEU OF OTHER PENALTIES AND INTEREST OTHERWISE REQUIRED; TO AMEND SECTIONS 12-36-110, AS AMENDED, 12-36-120, AS AMENDED, 12-36-1710, AS AMENDED, 12-36-2110, AS AMENDED, AND 12-36-2120, AS AMENDED, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO REVISE THE DEFINITIONS OF "RETAIL SALE" AND "WHOLESALE SALE", CLARIFY A REFERENCE IN AN EXEMPTION UNDER THE CASUAL EXCISE TAX, REQUIRE LEASES TO BE IN WRITING FOR PURPOSES OF OBTAINING THE THREE HUNDRED DOLLARS MAXIMUM SALES TAX ON CERTAIN ITEMS, CLARIFY THE SALES TAX EXEMPTION FOR SUPPLIES REQUIRED BY DIABETICS, AND TO EXEMPT GOODS PROVIDED TO THE FEDERAL GOVERNMENT WHEN CERTAIN CONDITIONS ARE MET; TO AMEND SECTION 12-39-260, RELATING TO THE DUTIES OF THE COUNTY AUDITOR, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO APPROVE OTHER MEANS OF ACCOUNTING FOR AND REPORTING OF REAL ESTATE SALES; TO AMEND SECTION 12-54-35, RELATING TO THE INNOCENT SPOUSE RULE,

Printed Page 2193 . . . . . Thursday, April 11, 1996
SO AS TO PROVIDE THOSE INSTANCES WHEN THE RULE DOES NOT APPLY; TO AMEND SECTION 12-54-50, AS AMENDED, RELATING TO THE PENALTY ON A RETURNED CHECK FOR TAXES, SO AS TO EXTEND THE PENALTY TO ELECTRONIC PAYMENTS AND CLARIFY THIS PENALTY AS AN ADDITION TO ALL OTHER PENALTIES; TO AMEND SECTION 12-54-90, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REVOKE LICENSES ISSUED TAXPAYERS FOR VIOLATIONS OR OMISSIONS, SO AS TO PROVIDE NOTICE BY FIRST CLASS RATHER THAN CERTIFIED MAIL; TO AMEND SECTION 12-54-210, AS AMENDED, RELATING TO THE REQUIREMENT TO MAINTAIN RECORDS FOR TAX PURPOSES, SO AS TO EXTEND THE REQUIREMENT TO LICENSES, FEES, AND SURCHARGES AND TO PROVIDE THE CIRCUMSTANCES UNDER WHICH MICROFILM RECORDS ARE ADEQUATE; TO AMEND SECTION 12-54-227, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO CONTRACT WITH PRIVATE PARTIES TO COLLECT TAXES, SO AS TO ALLOW THE NOTICE TO TAXPAYERS TO BE MADE BY FIRST CLASS RATHER THAN CERTIFIED OR REGISTERED MAIL; AND TO REPEAL SECTION 12-6-5040, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REQUIRE COPIES OF FEDERAL TAX RETURNS.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9205AC.96), which was adopted.

Amend the bill, as and if amended, by deleting Section 12-31-60 as contained in SECTION 4, page 3, and inserting:

/Section 12-31-60. In lieu of all other penalties and interest provided by law, penalties Penalties and interest provided under the International Fuel Tax Agreement apply to all reports filed with the State as a result of the International Fuel Tax Agreement. These penalties are in lieu of the penalties imposed under Section 12-54-40(b)(1), (b)(2)(a), or (b)(2)(6) and the interest imposed under Section 12-54-25./

Amend further, page 3, line 40, by deleting /Section 12-36-110(f)/ and inserting /Section 12-36-110(1)(f)/.

Amend further, Section 12-36-120 as contained in SECTION 6 of the bill, page 4, by deleting lines 9 and 10 and inserting:

/ingredients in preparing ready-to-eat food or drink sold at retail. This exemption includes These products include cooking oil used as an ingredient. However,/

Printed Page 2194 . . . . . Thursday, April 11, 1996
Amend further, Section 12-54-35. A. as contained IN SECTION 12 of the bill, page 5, by deleting lines 40 and 41 and inserting:

/(1) a `substantial understatement' is any understatement regardless of amount; and/

Amend further, Section 12-54-90(A), as contained in SECTION 14 of the bill, page 6, by deleting line 25 and inserting:

/notification may be served by certified mail or personally./

Amend further, page 7, by deleting SECTION 16 of the bill.

Amend title to conform.

Renumber sections to conform.

Rep. ROBINSON explained the amendment.

The amendment was then adopted.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of amendments.

RECURRENCE TO THE MORNING HOUR

Rep. ROBINSON moved that the House recur to the morning hour, which was agreed to.

CONCURRENT RESOLUTION

The following was introduced:

H. 4926 -- Rep. Wilkes: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME DUTCHMAN'S CREEK BRIDGE AT LAKE WATEREE IN FAIRFIELD COUNTY IN HONOR OF THE LATE JAMES H. "MAC" MCSWAIN.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 4927 -- Reps. Loftis, Seithel, Allison, Vaughn and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-225 SO AS TO PROVIDE THAT CERTAIN DIVISIONS OF STATE GOVERNMENT ARE PROHIBITED

Printed Page 2195 . . . . . Thursday, April 11, 1996
FROM ENFORCING TRAFFIC LAWS WHILE USING UNMARKED PATROL VEHICLES.

Referred to Committee on Judiciary.

H. 4928 -- Reps. Jaskwhich and Tripp: A BILL TO REQUIRE THE PUBLIC SERVICE COMMISSION TO MONITOR THE CELLULAR TELECOMMUNICATIONS INDUSTRY IN THIS STATE.

Referred to Committee on Labor, Commerce and Industry.

H. 4929 -- Rep. Harrison: A BILL TO AMEND SECTION 58-23-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING CERTAIN MOTOR VEHICLE CARRIER LAWS, SO AS TO PROVIDE THAT CORPORATE OFFICERS, AGENTS, OR EMPLOYEES OR OTHER PERSONS OPERATING AS A PASSENGER CARRIER WHO VIOLATE OR WHO AID AND ABET IN THE VIOLATION OF CERTIFICATION AND REGISTRATION REQUIREMENTS ARE GUILTY OF A MISDEMEANOR AND ARE SUBJECT TO SPECIFIED PENALTIES FOR VIOLATION, AND TO PROVIDE THAT CORPORATE OFFICERS, AGENTS, OR EMPLOYEES OR OTHER PERSONS OPERATING AS A CARRIER OF HOUSEHOLD GOODS OR AS A CARRIER OF HAZARDOUS WASTE FOR DISPOSAL WHO VIOLATE OR WHO AID AND ABET IN THE VIOLATION OF CERTIFICATION AND REGISTRATION REQUIREMENTS ARE GUILTY OF A MISDEMEANOR AND ARE SUBJECT TO OTHER SPECIFIED PENALTIES FOR VIOLATION; AND TO REPEAL SECTION 15-9-340 OF THE 1976 CODE RELATING TO SERVICE OF PROCESS ON MOTOR VEHICLE CARRIERS.

Referred to Committee on Judiciary.

H. 4930 -- Reps. H. Brown and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-455 ENACTING THE ECONOMIC DEVELOPMENT PROPERTY FEE-IN-LIEU OF TAXES ACT, SO AS TO PROVIDE A SIMPLIFIED PROCEDURE FOR USING THE FEE-IN-LIEU OF TAXES TO PROMOTE ECONOMIC DEVELOPMENT.

Referred to Committee on Ways and Means.

H. 4931 -- Rep. Cain: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,

Printed Page 2196 . . . . . Thursday, April 11, 1996
RELATING TO THE OFFENSE OF ILL TREATMENT OF ANIMALS, SO AS TO INCREASE THE PENALTIES FOR THESE OFFENSES.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4932 -- Reps. Howard and Sharpe: A BILL TO AMEND SECTIONS 29-15-10 AND 56-5-5630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIENS FOR REPAIRS OR STORAGE, AND NOTICE GIVEN TO OWNERS AND LIENHOLDERS AND CERTAIN LIABILITY RELATING TO LIENHOLDERS, SO AS TO REVISE THE PROVISIONS RELATING TO LIENS FOR REPAIRS OR STORAGE, AND THE LIABILITY THAT CERTAIN LIENHOLDERS ARE RESPONSIBLE FOR.

Referred to Committee on Judiciary.

H. 4933 -- Reps. Seithel, Inabinett, Hallman, Richardson, Bailey, Wofford, Hutson, Shissias, McKay, Byrd, L. Whipper, Dantzler, Fulmer, Scott, Breeland, Stille, Neal, Limehouse, Whatley, S. Whipper, Rhoad and Keyserling: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 SO AS TO DESIGNATE A PORTION OF SOUTH CAROLINA HIGHWAY 316 IN CHARLESTON COUNTY AS "BEAR'S BLUFF ROAD SCENIC HIGHWAY".

Referred to Committee on Education and Public Works.

H. 4934 -- Reps. Seithel, Inabinett, Hallman, Richardson, Hutson, Fulmer, Bailey, Limehouse, Scott, S. Whipper, Shissias, McKay, Keyserling, Breeland, Whatley, Neal, Stille, Dantzler, L. Whipper, Wofford and Rhoad: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 SO AS TO DESIGNATE A PORTION OF SOUTH CAROLINA HIGHWAY 700 IN CHARLESTON COUNTY AS "MAYBANK SCENIC HIGHWAY."

Referred to Committee on Education and Public Works.

H. 4935 -- Reps. Koon, Seithel, Tripp, Waldrop, S. Whipper, Herdklotz, Kelley, J. Hines, Inabinett, Bailey, Cobb-Hunter, Clyburn, G. Brown, Vaughn, Neilson, Allison, L. Whipper, Keegan, Lloyd, Williams, McKay, Gamble, Cain, Phillips, Riser, Moody-Lawrence, Wright, Byrd, Cato, Kirsh, Cave, Fleming, Easterday and Spearman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,

Printed Page 2197 . . . . . Thursday, April 11, 1996
1976, BY ADDING SECTION 39-1-80 SO AS TO REQUIRE A PHYSICIAN TO INFORM A PATIENT OF THE ADVANTAGES, DISADVANTAGES, RISKS, AND MANUFACTURER'S WARNINGS BEFORE SURGICALLY IMPLANTING ANY FOREIGN MATTER INTO THE PATIENT'S BODY.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 4936 -- Reps. Seithel, Hallman, S. Whipper, Fulmer, L. Whipper and Whatley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 28-2-65 SO AS TO AUTHORIZE THE STATE TO ACQUIRE PROPERTY OF HISTORICAL VALUE BY CONDEMNATION AND TO REQUIRE THE STATE TO PRESERVE AND PROTECT SUCH PROPERTY.

Referred to Committee on Judiciary.

H. 4834--ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of amendments.

H. 4834 -- Reps. Robinson, Herdklotz, Waldrop, Sandifer, Fulmer, Trotter, Marchbanks, Rice, Haskins and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-2-75 SO AS TO PROVIDE FOR THE METHOD OF SIGNING INCOME TAX RETURNS; TO AMEND SECTION 12-4-310, AS AMENDED, RELATING TO DUTIES OF THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO REVISE A REFERENCE TO THE BOND REQUIREMENT FOR DEPARTMENTAL OFFICERS AND EMPLOYEES; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE OF 1986 NOT ADOPTED IN THE DETERMINATION OF SOUTH CAROLINA TAXABLE INCOME, SO AS TO DELETE THE EXCLUSION OF PROVISIONS RELATING TO AN INNOCENT SPOUSE; TO AMEND SECTION 12-31-60, RELATING TO PENALTIES PROVIDED UNDER THE INTERNATIONAL FUEL TAX AGREEMENT, SO AS TO MAKE THESE PENALTIES APPLY IN LIEU OF OTHER PENALTIES AND INTEREST OTHERWISE REQUIRED; TO AMEND SECTIONS 12-36-110, AS AMENDED, 12-36-120, AS AMENDED, 12-36-1710, AS AMENDED, 12-36-2110, AS AMENDED, AND 12-36-2120, AS AMENDED, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO

Printed Page 2198 . . . . . Thursday, April 11, 1996
REVISE THE DEFINITIONS OF "RETAIL SALE" AND "WHOLESALE SALE", CLARIFY A REFERENCE IN AN EXEMPTION UNDER THE CASUAL EXCISE TAX, REQUIRE LEASES TO BE IN WRITING FOR PURPOSES OF OBTAINING THE THREE HUNDRED DOLLARS MAXIMUM SALES TAX ON CERTAIN ITEMS, CLARIFY THE SALES TAX EXEMPTION FOR SUPPLIES REQUIRED BY DIABETICS, AND TO EXEMPT GOODS PROVIDED TO THE FEDERAL GOVERNMENT WHEN CERTAIN CONDITIONS ARE MET; TO AMEND SECTION 12-39-260, RELATING TO THE DUTIES OF THE COUNTY AUDITOR, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO APPROVE OTHER MEANS OF ACCOUNTING FOR AND REPORTING OF REAL ESTATE SALES; TO AMEND SECTION 12-54-35, RELATING TO THE INNOCENT SPOUSE RULE, SO AS TO PROVIDE THOSE INSTANCES WHEN THE RULE DOES NOT APPLY; TO AMEND SECTION 12-54-50, AS AMENDED, RELATING TO THE PENALTY ON A RETURNED CHECK FOR TAXES, SO AS TO EXTEND THE PENALTY TO ELECTRONIC PAYMENTS AND CLARIFY THIS PENALTY AS AN ADDITION TO ALL OTHER PENALTIES; TO AMEND SECTION 12-54-90, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REVOKE LICENSES ISSUED TAXPAYERS FOR VIOLATIONS OR OMISSIONS, SO AS TO PROVIDE NOTICE BY FIRST CLASS RATHER THAN CERTIFIED MAIL; TO AMEND SECTION 12-54-210, AS AMENDED, RELATING TO THE REQUIREMENT TO MAINTAIN RECORDS FOR TAX PURPOSES, SO AS TO EXTEND THE REQUIREMENT TO LICENSES, FEES, AND SURCHARGES AND TO PROVIDE THE CIRCUMSTANCES UNDER WHICH MICROFILM RECORDS ARE ADEQUATE; TO AMEND SECTION 12-54-227, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO CONTRACT WITH PRIVATE PARTIES TO COLLECT TAXES, SO AS TO ALLOW THE NOTICE TO TAXPAYERS TO BE MADE BY FIRST CLASS RATHER THAN CERTIFIED OR REGISTERED MAIL; AND TO REPEAL SECTION 12-6-5040, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REQUIRE COPIES OF FEDERAL TAX RETURNS.
Printed Page 2199 . . . . . Thursday, April 11, 1996
Rep. HODGES proposed the following Amendment No. 2 (Doc Name P:\amend\JIC\5824HTC.96), which was tabled.

Amend the bill, as and if amended, by inserting a penultimate section appropriately numbered to read:

/SECTION . A. Section 12-36-90(2) of the 1976 Code, as last amended by Act 497 of 1994, is further amended by adding an appropriately lettered subitem to read:

"( ) fees imposed on the sale of motor oil, new tires, lead-acid batteries, and white goods pursuant to Article 1, Chapter 96 of Title 44, including the refundable deposit when a lead acid battery core is not returned to a retailer."

B. This section takes effect on the first day of the second month following approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. HODGES explained the amendment.

Rep. H. BROWN spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 40 to 32.

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

H. 3803--OBJECTIONS

The following Bill was taken up.

H. 3803 -- Reps. A. Young, Keegan, Mason, R. Smith, Bailey, Wofford, Klauber, Law, Hutson, Whatley, Vaughn, Chamblee, Byrd, Gamble, Witherspoon, Lloyd, Limbaugh, Kinon, Littlejohn, Haskins and Meacham: A BILL TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY OBTAIN A DRIVER'S LICENSE, BEGINNER'S PERMIT OR INSTRUCTION PERMIT, SO AS TO REQUIRE APPLICANTS FOR A BEGINNER'S PERMIT TO MEET THE REQUIREMENTS OF SECTION 56-1-50, TO REQUIRE APPLICANTS FOR A RESTRICTED DRIVER'S LICENSE TO MEET THE REQUIREMENTS OF SECTION 56-1-180, AND TO DELETE "INSTRUCTION PERMIT" AND "SECTION 56-1-60"; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO OBTAINING A BEGINNER'S PERMIT, SO AS TO REQUIRE APPLICANTS TO COMPLETE A DRIVER'S TRAINING COURSE BEFORE BEING ISSUED A BEGINNER'S PERMIT; TO AMEND SECTION 56-1-180,

Printed Page 2200 . . . . . Thursday, April 11, 1996
AS AMENDED, RELATING TO A RESTRICTED DRIVER'S LICENSE, SO AS TO DELETE "INSTRUCTION PERMIT" AND TO REQUIRE APPLICANTS TO COMPLETE A DRIVER'S TRAINING COURSE BEFORE BEING ISSUED A RESTRICTED DRIVER'S LICENSE.

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