Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

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| Printed Page 3220, May 25 | Printed Page 3240, May 25 |
Printed Page 3230 . . . . . Thursday, May 25, 1995
SECTION 3. Section 2-13-190 of the 1976 Code is amended to read:

"Section 2-13-190. Within five days after receiving such page proofs corrected from the Code Commissioner, the Office of Legislative Printing and Information Technology Resources (LPITR) shall print provide the same and shall deliver as many distribute copies to the Code Commissioner as the commissioner may order. The Code Commissioner on receipt of such copies shall send a copy to each of the following officers: The Governor, Supreme Court Justices, Clerk of the Supreme Court, Court of Appeals Judges judges, Clerk of the Court of Appeals, circuit judges, each circuit solicitors solicitor's office within a judicial circuit, county Administrative Law Judge Division judges, Clerk of the Administrative Law Judge Division county solicitors, clerk of the court of each county, judge of probate of each county, Attorney General, Secretary of State, Comptroller General, Adjutant General, State Treasurer, Code Commissioner, Chief Bank Examiner, Director of the Department of the Revenue and Taxation, Director of the Department of Transportation, State Health Officer Director of the Department of Health and Environmental Control, Director of the Department of Natural Resources, Chairman of the Public Service Commission, Commissioner of Agriculture, Director Chief Insurance Commissioner of the Department of Insurance, State Budget and Control Board, Office of Executive Director, State Superintendent of Education, State Librarian, Clerk of the House of Representatives, Clerk of the Senate, Director of the South Carolina Archives Department, Director of the Department of Public Safety, and the members of the General Assembly. Any magistrate may obtain a copy of advance sheets of statutes by sending his name, address, and term to the Code Commissioner Office of Legislative Printing and Information Technology Resources (LPITR)."

SECTION 4. Section 2-13-240(a) of the 1976 Code, as last amended by Section 25, Act 181 of 1993, is further amended to read:

"(a) Sets of the Code of Laws of South Carolina, 1976, shall must be distributed by the Legislative Council as follows: Governor, three; Lieutenant Governor, two; Secretary of State, three; Treasurer, one; Attorney General, fifty; Adjutant General, one; Comptroller General, two; Superintendent of Education, two; Commissioner of Agriculture, two; each member of the General Assembly, one; office of the Speaker of the House of Representatives, one; Clerk of the Senate, one; Clerk of the House of Representatives, one; each committee room of the General Assembly, one; each member of the Legislative Council, one; Code

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Commissioner, one; Legislative Council, ten; Supreme Court, fourteen; Court Administration Office, five; each Court of Appeals judge, one; each Circuit Court Judge circuit court judge, one; each Circuit Court circuit court solicitor solicitor's office within a judicial circuit, one; each Family Court Judge family court judge, one; each county court Administrative Law Judge Division judge, one; College of Charleston, one; The Citadel, two; Clemson University, three; Coastal Carolina University, one; Francis Marion College University, one; Lander College University, one; Medical University of South Carolina, two; South Carolina State College University, two; University of South Carolina, four; each regional campus of the University of South Carolina, one; University of South Carolina Law School, forty-six; Winthrop College University, two; each technical college or center, one; each county governing body, one; each county clerk of court and register of mesne conveyances where such these offices are separate, one; each county auditor, one; each county coroner, one; each county magistrate, one; each county master in equity, one; each county probate judge, one; each county public library, one; each county sheriff, one; each public defender, one; each county superintendent of education, one; each county treasurer, one; Library of Congress, three; United States Supreme Court, one; each member of Congress from South Carolina, one; each state library which furnishes this State a free set of its Code of Laws, one; Division of Aeronautics of the Department of Commerce, one; Department of Alcohol and other Drug Abuse Services, one; Department of Archives and History, one; Board of Bank Control Financial Institutions, one; Commissioner of Banking, one; Budget and Control Board (Auditor, six Office of the Executive Director, five; Auditor, two; General Services Division, six; Personnel Division, one; Research and Statistical Services Division, one; Retirement System, one); Children's Bureau, one; Department of Consumer Affairs, one; Department of Corrections, two; Criminal Justice Academy, one; Department of Commerce, five; Employment Security Commission, two; Ethics Commission, one; Forestry Commission, one; Department of Health and Environmental Control, five; Department of Transportation, five; Department of Public Safety, five; Human Affairs Commission, one; Workers' Compensation Commission, seven; Department of Insurance, two; Department of Juvenile Justice and Aftercare, one; Department of Labor, Licensing, and Regulation, two; South Carolina Law Enforcement Division, four; Legislative Audit Council, one; State Library, three; Department of Mental Health, three; Department of Disabilities and Special Needs, five; Ports Authority, one; Department of Probation, Parole and Pardon Services, two; Public Service Commission, three;
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Reorganization Commission, one; Department of Social Services, two; Department of Revenue and Taxation, six; Board for Technical and Comprehensive Education, one; Veterans' Affairs Division of the Governor's Office, one; Vocational Rehabilitation, one; Department of Natural Resources, four."

SECTION 5. Section 2-13-200 of the 1976 Code is repealed.

SECTION 6. This act takes effect upon approval by the Governor./.

Amend title to conform.

Senator STILWELL explained the amendment.

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

AMENDED, READ THE SECOND TIME

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 McGILL asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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

Senators LEATHERMAN and McGILL proposed the following amendment (JIC\6050HTC.95), which was adopted:

Amend the bill, as and if amended, by striking Section 12-21-735 as added in SECTION 1, page 1, and inserting:

/Section 12-21-735. Each person or distributor of cigarettes taxable under this article, first receiving untaxed cigarettes for sale or distribution in this State, is subject to the tax imposed in Section 12-21-620. Each distributor required to pay the tax shall make a report to the department, in the form the department prescribes, of all cigarettes sold or disposed of in this State, and pay taxes due thereon not later than the twentieth day of

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the month next succeeding the month of the sale or disposition. However, any person or distributor making shipments of cigarettes to retail locations in and out of this State shall apply to the department for a license which enables them to purchase cigarettes free of tax, and report and pay tax as provided in this section on sales of cigarettes sold to locations in this State.

The department shall require bonds or statements of financial stability satisfactory to the department to cover possible losses resulting from failure to remit taxes due./

Amend title to conform.

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

H. 3808--Ordered to a Third Reading

On motion of Senator McGILL, H. 3808 was ordered to receive a third reading on Friday, May 26, 1995.

AMENDMENT PROPOSED, OBJECTION

H. 3685 -- Reps. Walker, Baxley, Fleming, Neilson, Hines, Allison, Townsend, Beatty, Chamblee, Littlejohn, Wells, Davenport, Trotter, Lanford, Marchbanks and D. Smith: A BILL TO AMEND SECTION 59-30-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TESTING ARRANGEMENTS ON THE EXIT EXAMINATION FOR STUDENTS WITH LEARNING DISABILITIES, SO AS TO PROVIDE THAT STUDENTS WITH DYSCALCULIA, AND WITH OTHER DOCUMENTED LEARNING DISABILITIES IN MATHEMATICS AS STIPULATED BY REGULATION OF THE STATE BOARD OF EDUCATION, MAY USE A CALCULATOR ON THE MATH PORTIONS OF THE EXIT EXAMINATION.

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

Senator COURSON proposed the following amendment (GJK\22030SD.95):

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

/SECTION . The 1976 Code is amended by adding:

"Section 59-19-25. (A) (1) Notwithstanding any other provision of law or special act providing for the appointment or election of school

Printed Page 3234 . . . . . Thursday, May 25, 1995
trustees in any school district, beginning in 1996 and every two years thereafter as appropriate, members of the boards of trustees for the school districts of this State must be elected in nonpartisan elections to be conducted at the same time as the general election in those years.

(2) Any school district board of trustees now elected in nonpartisan elections as provided by law shall continue to be elected in that manner except that the date of the nonpartisan elections must be at the same time as the general election in the appropriate even-numbered year.

(3) All current members of the boards of trustees of the school districts whose terms expire in an even-numbered year shall continue to serve until their successors are elected and qualify in the manner provided in this section in the election of that even-numbered year. All current members of the board of trustees of the school districts whose terms expire in an odd-numbered year shall continue to serve until their successors are elected and qualify in the manner provided in this section at the election in the next ensuing even- numbered year.

(4) The terms for all persons elected to the boards of trustees are as now provided by law for that district and commence as provided in Section 59-19-315, unless otherwise provided by law applicable to the particular district.

(B) (1) Candidates for these offices which are filled in nonpartisan elections on the effective date of this section must be nominated by the method provided by law for the office affected.

(2) Candidates for these offices which are filled in partisan elections on the effective date of this section must be nominated by petition as provided in Section 7-11-70 or by declaration of candidacy filed with the appropriate election commission or authority conducting the election.

(3) The elections provided for in this section must be conducted pursuant to the provisions of Title 7, mutatis mutandis, except as otherwise provided for in this section or in other provisions of law relating to that particular school district. If no such method of conducting the election is now applicable to a district, the elections must be conducted by the county election commission with the cost of the election to be borne by the district. Trustees shall continue to be elected from the district at large, from specified election districts, or in such other manner as is now provided by law for that district.

(4) Vacancies in these offices must be filled as provided by law, except that if an election is required, it must be a nonpartisan election conducted in the manner required by this section.

(5) The results of these elections must be determined in the manner provided by law for that district, except that if no such provision of law

Printed Page 3235 . . . . . Thursday, May 25, 1995
is now applicable to that district, the results must be determined in accordance with the nonpartisan plurality method contained in Section 5-15-61.

(C) Candidates for the office of trustee for the boards of trustees for the school districts of this State are prohibited from soliciting or accepting a contribution, gift, loan, or any other thing of value from a certified political party or from any person or entity acting for or on behalf of a certified political party. No candidate, candidate's committee, or person or entity acting for or on behalf of a candidate or candidate's committee may publish or distribute campaign literature which in any way states, implies, or suggests party affiliation."/

Renumber sections to conform.

Amend totals and title to conform.

Senator COURSON explained the amendment.

Senator BRYAN objected to further consideration of the Bill.

CARRIED OVER

S. 800 -- Senator Wilson: A BILL TO AMEND SECTION 33-37-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMENDMENTS TO CHARTERS FOR BUSINESS DEVELOPMENT CORPORATIONS, SO AS TO DELETE THE PROVISION PROHIBITING THE CREATION OF NEW CLASSES OF STOCK; TO AMEND SECTION 33-37-410, RELATING TO MEMBERS, STOCKHOLDERS, AND BONDHOLDERS OF THE CORPORATIONS, SO AS TO CLARIFY THE AUTHORIZED INVESTORS AND INVESTMENT LIMITS; TO AMEND SECTION 33-37-450, RELATING TO VOTING BY STOCKHOLDERS AND MEMBERS OF THE CORPORATION, SO AS TO REVISE THE PROVISIONS TO MAKE THEM CONSISTENT AND COMPATIBLE WITH HAVING NEW CLASSES OF STOCK; TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LOANS TO THE CORPORATION, SO AS TO REVISE THE PROVISIONS FOR LOAN LIMITS AND INVESTMENT LIMITS; TO AMEND SECTION 33-37-630, RELATING TO THE ELECTION OF THE BOARD OF DIRECTORS OF CORPORATIONS, SO AS TO CLARIFY THE REQUIREMENTS FOR ELECTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 33-37-470 SO AS TO AUTHORIZE THE ISSUANCE OF NEW CLASSES OF STOCK AND ARTICLE 9 TO CHAPTER 37,

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TITLE 33 SO AS TO PROVIDE FOR APPLICATION OF THE BUSINESS CORPORATIONS ACT.

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

H. 3733 -- Reps. Elliott, Inabinett, G. Brown, Neilson, Hines, Cain, Wright, Lloyd, Littlejohn, Jaskwhich, T. Brown, Govan, Stoddard, Bailey, Jennings, Rhoad, Phillips, Meacham, Kinon, Davenport and Chamblee: A BILL TO AMEND SECTION 27-40-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO ADD CERTAIN LANGUAGE TO THE DEFINITION OF "FAIR-MARKET RENTAL VALUE", AND ADD A DEFINITION FOR "SECURITY DEPOSIT"; TO AMEND SECTION 27-40-240, RELATING TO NOTICE PROVISIONS UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO, AMONG OTHER THINGS, CLARIFY CERTAIN REFERENCES, AND DELETE THE REFERENCE TO A REPEALED CODE SECTION; TO AMEND SECTION 27-40-530, RELATING TO TENANT OBLIGATIONS AND ACCESS, SO AS TO PROVIDE THAT A TENANT MAY NOT CHANGE LOCKS ON THE DWELLING UNIT WITHOUT THE PERMISSION OF THE LANDLORD; TO AMEND SECTION 27-40-610, RELATING TO TENANT REMEDIES AND NONCOMPLIANCE BY THE LANDLORD IN GENERAL, SO AS TO PROVIDE THAT THE TENANT MAY RECOVER ACTUAL DAMAGES AND OBTAIN INJUNCTIVE RELIEF IN A MAGISTRATE'S OR CIRCUIT COURT, WITHOUT POSTING BOND, FOR "UNREASONABLE" RATHER THAN "ANY" NONCOMPLIANCE BY THE LANDLORD WITH THE RENTAL AGREEMENT OR SECTION 27-40-440; TO AMEND SECTION 27-40-650, RELATING TO TENANT REMEDIES AND FIRE OR CASUALTY DAMAGE, SO AS TO PROVIDE THAT AN ACCOUNTING FOR RENT IN THE EVENT OF TERMINATION OR APPORTIONMENT MUST BE MADE AS OF THE DATE OF THE FIRE OR CASUALTY UNLESS THE FIRE OR CASUALTY WAS DUE TO THE TENANT'S NEGLIGENCE OR CAUSED BY THE TENANT; TO AMEND SECTION 27-40-720, RELATING TO LANDLORD REMEDIES AND NONCOMPLIANCE AFFECTING HEALTH AND SAFETY, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE TENANT SHALL REIMBURSE THE LANDLORD FOR CERTAIN COSTS; TO AMEND SECTION 27-40-730, RELATING TO LANDLORD REMEDIES FOR ABSENCE, NONUSE, AND

Printed Page 3237 . . . . . Thursday, May 25, 1995
ABANDONMENT OF A DWELLING UNIT, SO AS TO PROVIDE THAT IF THE TENANT HAS VOLUNTARILY TERMINATED THE UTILITIES AND THERE IS AN UNEXPLAINED ABSENCE OF A TENANT AFTER DEFAULT IN PAYMENT OF RENT, ABANDONMENT IS CONSIDERED IMMEDIATE AND THE FIFTEEN-DAY RULE DOES NOT APPLY; AND TO AMEND SECTION 27-40-790, RELATING TO THE RESIDENTIAL LANDLORD AND TENANT ACT AND THE PAYMENT OF RENT INTO COURT, SO AS TO DELETE THE WORD "JUDGMENT" AND REPLACE IT WITH THE WORD "DECISION".

Senator STILWELL explained the Bill.

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

AMENDMENT PROPOSED, CARRIED OVER

H. 4158 -- Ways and Means Committee: A BILL TO AMEND SECTIONS 12-4-710 AND 12-4-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE DEPARTMENT OF REVENUE AND TAXATION WITH RESPECT TO PROPERTY TAX EXEMPTIONS AND THE METHOD OF APPLYING FOR THE EXEMPTIONS, SO AS TO REVISE OR EXTEND THE TIME FOR FILING EXEMPTION APPLICATIONS AND ADD ADDITIONAL CATEGORIES OF EXEMPTIONS FOR WHICH NO APPLICATION IS REQUIRED; TO PROVIDE THAT LISTING A PROPERTY AS EXEMPT ON A PROPERTY TAX RETURN IS CONSIDERED AN APPLICATION; TO REQUIRE PROPERTY TAXPAYERS FILING PROPERTY TAX RETURNS TO CLAIM THE EXEMPTION ON THE RETURN FOR EACH YEAR THE PROPERTY IS EXEMPT; AND TO PROVIDE WHEN ADDITIONAL APPLICATIONS MUST BE FILED BY TAXPAYERS NOT REQUIRED TO FILE ANNUAL PROPERTY TAX RETURNS; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO CONFORM IT TO THE AMENDMENTS MADE BY THIS ACT AND TO EXTEND THE EXEMPTION FOR TWO PERSONAL MOTOR VEHICLES OF PERSONS REQUIRED TO USE WHEELCHAIRS TO INSTANCES WHEN THE OWNER IS ELIGIBLE FOR THE SPECIAL MOTOR VEHICLE LICENSE PLATE ALLOWED SUCH PERSONS.

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

Printed Page 3238 . . . . . Thursday, May 25, 1995
Senator THOMAS proposed the following amendment (JIC\6048HTC.95):

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

/SECTION . A. Section 12-37-220(B)(2) of the 1976 Code, as last amended by Section 200, Act 181 of 1993, is further amended to read:

"(2) The dwelling house in which he resides and a lot not to exceed one acre of land owned in fee or for life, or jointly with his or her spouse, by a paraplegic or hemiplegic person, or a person receiving the exemption allowed pursuant to Section 12-37-250 by reason of permanent and total disability is exempt from all property taxation provided the person furnishes satisfactory proof of his disability to the State Department of Revenue and Taxation. The exemption is allowed to the surviving spouse of the person so long as the spouse does not remarry, resides in the dwelling, and obtains by devise the fee or a life estate in the dwelling. The dwelling house is defined as the person's legal residence. For purposes of this item, a hemiplegic person is a person who has paralysis of one lateral half of the body resulting from injury to the motor centers of the brain and permanent and total disability is as defined in Section 12-37-250."

B. Section 12-37-220(B)(27) of the 1976 Code, as last amended by Act 516 of 1994, is further amended by adding a new paragraph at the end to read:

"The exemption allowed by this item also extends to persons who have been classified as permanently and totally disabled by a state or federal agency charged by law with making such determinations, upon providing a copy of this official determination to the department in the form the department requires."

C. This section takes effect January 1, 1996./

Amend title to conform.

Senator THOMAS explained the amendment.

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

OBJECTION

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.

Printed Page 3239 . . . . . Thursday, May 25, 1995
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

CARRIED OVER

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 adoption of Amendment No. 3, proposed by Senators PASSAILAIGUE, McCONNELL and ROSE (3901R003.ELP) and previously printed in the Journal of Wednesday, May 24, 1995.

Senator WILLIAMS moved to carry over the Bill.

Senator LEVENTIS objected.

The question then was the motion to carry over the Bill.

The Bill was carried over.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED

Senator WILLIAMS moved 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.

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