1995 Permanent Senate Journal Printed Pages 3980-3991 - South Carolina Legislature Online

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

Page Finder Index

Printed Page 397, June 1 | Printed Page 399, June 6

Printed Page 3980 . . . . . Thursday, June 1, 1995

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

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

Honorable Rebecca S. Lovelace, 503 Lakewood Avenue, Conway, S.C. 29526

Honorable Tillmond E. Williams, 3880 Tillmond Drive, Conway, S.C. 29526

Honorable Dennis Earl Phipps, 1201 21st Avenue North, Myrtle Beach, S.C. 29577

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

Mr. G. Derek Blanton, 201-L 1356 Glenn's Bay Road, Surfside Beach, S.C. 29575 VICE Carolyn R. Hills

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

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

Honorable Eber Charles Gowan, Jr., Post Office Box 37, Reidville, S.C. 29375

Honorable Edward H. Overcash, Jr., 166 Gordon Drive, Spartanburg, S.C. 29301

Honorable Kenneth H. Dover, Post Office Box 642, Inman, S.C. 29349

Honorable Joseph T. Petty, Post Office Box 128, Landrum, S.C. 29356

Honorable James B. Paslay, 803 Lucerne Drive, Spartanburg, S.C. 29302

Honorable Robert B. Hall, 151 Oakwood Drive, Woodruff, S.C. 29388

Honorable Georgia V. Anderson, 204 South Fairview Avenue, Spartanburg, S.C. 29302

Honorable James Freeman Ashmore, 302 Five Oaks Drive, Landrum, S.C. 29356

Honorable Vicki Rae M. Smith, 1074 Cross Anchor Road, Woodruff, S.C. 29388

Printed Page 3981 . . . . . Thursday, June 1, 1995

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

Mr. Harold W. Pryor, 1257 Boiling Springs Road, Spartanburg, S.C. 29303 VICE Larry M. Hutchins

Mr. Larry Madison Hutchins, 767 California Avenue, Spartanburg, S.C. 29303 VICE William Andrew Hughes

Honorable Carolyn B. Waddell, 155 Brewton Road, Moore, S.C. 29369 VICE Rubye K. Calhoun

Honorable Donnie Blackley, 236 St. Matthews Lane, Spartanburg, S.C. 29301 VICE Warren H. Sullivan

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 Donald Jeffrey Simons, Post Office Box 762, Eastover, S.C. 29044

Honorable Clemon L. Stocker, 135 American Avenue, Hopkins, S.C. 29061

MOTION ADOPTED
On motion of Senator WALDREP, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Jack W. Barnes of Anderson County, S.C.

ADJOURNMENT

At 5:00 P.M., on motion of Senator MOORE, the Senate adjourned to meet on Friday, June 2, 1995, for local and uncontested matters which have the unanimous consent of the members of the delegation affected by the legislation, in accordance with the provisions of the Sine Die Resolution, H. 4239.

* * *

Printed Page 3982 . . . . . Friday, June 2, 1995

Friday, June 2, 1995
(Local Session)

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 ACTING PRESIDENT, Senator COURSON.

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolution was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 4231 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO EMERGENCY MEDICAL SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1848, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(By prior motion of Senator MOORE, with unanimous consent)

SECOND READING BILL

The following Bill having been read the second time was ordered placed on the third reading Calendar:

S. 906 -- Senator Land: A BILL TO PROVIDE THAT THE SUPERINTENDENT OF ANY SCHOOL DISTRICT LOCATED IN CLARENDON COUNTY SERVING AS AN EX OFFICIO MEMBER OF A VOCATIONAL SCHOOL BOARD SHALL SERVE AS A VOTING MEMBER OF SUCH BOARD.

(By prior motion of Senator LAND)

ADJOURNMENT

At 12:15 P.M., on motion of Senator WILSON, the Senate adjourned to meet on Monday, June 5, 1995, for local and uncontested matters which have the unanimous consent of the members of the delegation affected by the legislation, in accordance with the provisions of the Sine Die Resolution, H. 4239.

Printed Page 3983 . . . . . Monday, June 5, 1995

Monday, June 5, 1995
(Local Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:00 A.M., the hour to which it stood adjourned and was called to order by the ACTING PRESIDENT, Senator LANDER.

THIRD READING BILL

The following Bill was read the third time and ordered sent to the House of Representatives:

(By prior motion of Senator LAND)

ADJOURNMENT

At 10:14 A.M., on motion of Senator SETZLER, the Senate adjourned to meet tomorrow at 10:00 A.M. for local and uncontested matters which have the unanimous consent of the members of the delegation affected by the legislation, in accordance with the provisions of the Sine Die Resolution, H. 4239.

* * *

Printed Page 3984 . . . . . Tuesday, June 6, 1995

Tuesday, June 6, 1995
(Local Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:00 A.M., the hour to which it stood adjourned and was called to order by the ACTING PRESIDENT, Senator GIESE.

SECOND READING BILL

The following Bill having been read the second time was ordered placed on the third reading Calendar:

H. 4243 -- Rep. Wofford: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO REDESIGNATE THE SANGAREE AND STRATFORD PRECINCTS.

H. 4243--Ordered to a Third Reading

On motion of Senators ROSE and MESCHER, H. 4243 was ordered to receive a third reading on Wednesday, June 7, 1995.

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on June 6, 1995, at 10:05 A.M. and the following Acts and Joint Resolutions were ratified:

(R92) S. 44 -- Senators Courson, Wilson and Gregory: AN ACT TO AMEND SECTION 17-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CITIZEN ARREST, BY DELETING LANGUAGE RELATING TO EVIL INTENT SO AS TO PROVIDE THAT A CITIZEN'S ARREST MAY BE MADE WHEN A PERSON ENTERS A DWELLING HOUSE ILLEGALLY WITHOUT EXPRESS OR IMPLIED PERMISSION.

(R93) S. 46 -- Senators Jackson, Elliott, Rose and Washington: AN ACT TO AMEND SECTIONS 20-7-2730, AS AMENDED, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, 20-7-2860, AND 20-7-2900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE AND RENEWAL OF LICENSES FOR PRIVATE DAY CARE CENTERS AND APPROVAL AND RENEWAL OF PUBLIC

Printed Page 3985 . . . . . Tuesday, June 6, 1995

DAY CARE CENTERS, THE REGISTRATION OF FAMILY DAY CARE HOME OPERATORS, AND THE REGISTRATION OF CHURCH OR RELIGIOUS DAY CARE CENTERS, SO AS TO REQUIRE THAT ALL PERSONS APPLYING FOR DAY CARE LICENSURE, APPROVAL, OR REGISTRATION AND ALL PERSONS SEEKING EMPLOYMENT OR TO BE A CAREGIVER IN A DAY CARE CENTER TO UNDERGO A FINGERPRINT REVIEW TO BE CONDUCTED BY THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION AND THE FEDERAL BUREAU OF INVESTIGATION; TO PROHIBIT THE ISSUANCE OF A DAY CARE LICENSE, EMPLOYMENT, OR PROVIDING CARE GIVER SERVICES IF THE PERSON HAS BEEN CONVICTED OF CERTAIN CRIMES; TO PROVIDE CRIMINAL PENALTIES IF A DAY CARE CENTER EMPLOYS A PERSON OR HAS A CARE GIVER WHO HAS BEEN CONVICTED OF ONE OF THE SPECIFIED CRIMES OR IF A PERSON SEEKS A DAY CARE LICENSE, EMPLOYMENT, OR TO PROVIDE CAREGIVER SERVICES AND THE PERSON HAS BEEN CONVICTED OF ONE OF THESE CRIMES; TO REQUIRE APPLICATIONS TO PROVIDE NOTICE OF THESE CRIMINAL PENALTIES AND TO PROVIDE THE DATE WHERE FINGERPRINT REVIEWS FOR CURRENT OPERATORS, EMPLOYEES, AND CAREGIVERS MUST BE COMPLETED; TO ADD SECTION 20-7-2905 PROHIBITING SLED FROM CHARGING MORE THAN TWENTY-FIVE DOLLARS TO CONDUCT A STATE CRIMINAL HISTORY REVIEW; TO ADD SECTION 20-7-3097 SO AS TO REQUIRE THAT BEFORE THE DEPARTMENT OF SOCIAL SERVICES HIRES AN EMPLOYEE IN ITS DAY CARE LICENSING OR CHILD PROTECTIVE SERVICES DIVISIONS, THE PERSON MUST UNDERGO A STATE AND FBI FINGERPRINT REVIEW AND TO PROHIBIT THE HIRING OF A PERSON CONVICTED OF CERTAIN CRIMES; AND TO ADD SECTION 20-7-3098 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE AN EXPLANATORY BROCHURE REGARDING HEARINGS AND APPEALS WHEN THE DEPARTMENT CITES A DAY CARE CENTER FOR A VIOLATION OF THIS CHAPTER.

(R94) S. 48 -- Senators Leatherman, Wilson, Leventis, Rankin, Elliott, Rose and Giese: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE THAT THE PRINCIPAL AMOUNT OF A LEASE PURCHASE OR FINANCING AGREEMENT IS SUBJECT TO THE

Printed Page 3986 . . . . . Tuesday, June 6, 1995

CONSTITUTIONAL DEBT LIMIT FOR POLITICAL SUBDIVISIONS AND THAT PAYMENTS MADE BY THE STATE UNDER SUCH AN AGREEMENT ARE DEEMED GENERAL OBLIGATION DEBT SERVICE FOR PURPOSES OF THE CONSTITUTIONAL DEBT SERVICE LIMIT ON THE STATE, TO PROVIDE THAT THE CALCULATION OF THE LIMITATION ON GENERAL OBLIGATION BONDED INDEBTEDNESS FOR FUTURE GENERAL OBLIGATION BOND ISSUES MUST INCLUDE THE PRINCIPAL BALANCE OF ANY OUTSTANDING FINANCING AGREEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-17-120 SO AS TO PROVIDE THAT SCHOOL BONDS CALLED BEFORE MATURITY MAY BE REISSUED ONLY IF THE PAYOFF AMOUNT AND THE AMOUNT NECESSARY TO SERVICE THE REISSUED BONDS DOES NOT INCREASE BY MORE THAN EIGHT PERCENT IN A YEAR THE DEBT SERVICE ON THE ORIGINAL BONDED INDEBTEDNESS AND DOES NOT EXCEED THE DISTRICT'S DEBT LIMIT.

(R95) S. 96 -- Senators McConnell, Rose, Wilson, Giese and Courson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-175 SO AS TO PROVIDE THAT A MOTOR VEHICLE USED AND OWNED BY A PERSON IN THE THEFT OF PROPERTY MAY BE CONFISCATED UNDER CERTAIN CIRCUMSTANCES, AND PROVIDE THE CONFISCATION AND FORFEITURE PROCEDURE; AND TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO PROVIDE APPROPRIATE TRAFFIC CONTROL AND ACCESS AROUND THE CAPITOL COMPLEX DURING THE STATE HOUSE RENOVATION PROJECT.

(R96) S. 180 -- Senator Rose: AN ACT TO AMEND ARTICLE 7, CHAPTER 21, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAROLE AND RELEASE FOR GOOD CONDUCT, BY ADDING SECTION 24-21-710 SO AS TO REQUIRE FILM, VIDEO TAPE, OR OTHER ELECTRONIC INFORMATION TO BE CONSIDERED BY THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES IN MAKING ITS DETERMINATION OF PAROLE, TO AUTHORIZE CERTAIN PEOPLE TO SUBMIT ELECTRONIC INFORMATION, TO REQUIRE THE PERSON SUBMITTING THE ELECTRONIC INFORMATION TO PROVIDE THE BOARD WITH CERTAIN INFORMATION, TO PROVIDE THAT IF THE FILM, VIDEO TAPE, OR OTHER ELECTRONIC INFORMATION IS RETAINED BY THE BOARD, IT MAY BE

Printed Page 3987 . . . . . Tuesday, June 6, 1995

SUBMITTED AT SUBSEQUENT PAROLE HEARINGS EACH TIME THE SUBMITTING PERSON PROVIDES A WRITTEN STATEMENT DECLARING THAT THE INFORMATION REPRESENTS THE PRESENT POSITION OF THE PERSON WHO IS SUBMITTING THE INFORMATION, TO AUTHORIZE THE DEPARTMENT OF CORRECTIONS AND THE BOARD TO INSTALL, MAINTAIN, AND OPERATE A TWO-WAY CLOSED CIRCUIT TELEVISION SYSTEM, AND PROVIDE THE MANNER IN WHICH THE CAMERA IS OPERATED, TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES TO DEVELOP WRITTEN POLICIES AND PROCEDURES FOR PAROLE HEARINGS HELD PURSUANT TO THIS SECTION AND TO PROVIDE THAT THE BOARD IS NOT REQUIRED TO INSTALL, MAINTAIN, OR OPERATE FILM, VIDEO TAPE, OR OTHER ELECTRONIC EQUIPMENT TO RECORD A VICTIM'S TESTIMONY TO BE PRESENTED TO THE BOARD.

(R97) S. 238 -- Senators Leatherman and Elliott: AN ACT TO AMEND SECTION 38-33-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH MAINTENANCE ORGANIZATIONS AND DEFINITIONS, SO AS TO CHANGE THE MEANING OF "COPAYMENT OR DEDUCTIBLE"; TO AMEND SECTION 38-33-80, AS AMENDED, RELATING TO HEALTH MAINTENANCE ORGANIZATIONS, ENROLLEE'S ENTITLEMENT TO EVIDENCE OF COVERAGE, CONTENTS OF SUCH EVIDENCE, DISCONTINUANCE OR REPLACEMENT OF COVERAGE, AND CHARGES FOR SERVICES, SO AS TO PROVIDE THAT A HEALTH MAINTENANCE ORGANIZATION THAT ISSUES AN HMO CONTRACT WHICH REQUIRES THE ENROLLEE TO PAY A SPECIFIED PERCENTAGE OF THE COST OF COVERED HEALTH CARE SERVICES SHALL CALCULATE THOSE COPAYMENTS AND DEDUCTIBLES ON THE NEGOTIATED RATE OR LESSER CHARGE OF THE PROVIDER AND THAT NOTHING IN THIS SECTION PRECLUDES A HEALTH MAINTENANCE ORGANIZATION FROM ISSUING A CONTRACT WHICH CONTAINS FIXED DOLLAR COPAYMENTS AND DEDUCTIBLES; TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-241 SO AS TO PROVIDE THAT AN INSURER THAT NEGOTIATES RATES WITH PROVIDERS FOR COVERED HEALTH CARE SERVICES UNDER AN INDIVIDUAL OR GROUP ACCIDENT AND HEALTH INSURANCE POLICY MUST PROVIDE THAT PERCENTAGE COPAYMENTS AND

Printed Page 3988 . . . . . Tuesday, June 6, 1995

DEDUCTIBLES PAID BY THE INSURED ARE APPLIED TO THE NEGOTIATED RATES OR LESSER CHARGE OF THAT PROVIDER AND THAT NOTHING IN THIS SECTION PRECLUDES AN INSURER FROM ISSUING A POLICY WHICH CONTAINS FIXED DOLLAR COPAYMENTS AND DEDUCTIBLES; TO AMEND SECTION 38-33-80, AS AMENDED, RELATING TO HEALTH MAINTENANCE ORGANIZATIONS, ENROLLEE'S ENTITLEMENT TO EVIDENCE OF COVERAGE, CONTENTS OF SUCH EVIDENCE, DISCONTINUANCE OR REPLACEMENT OF COVERAGE, AND CHARGES FOR SERVICES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE MAY DISAPPROVE A CERTAIN SCHEDULE OF CHARGES IF IT IS DETERMINED THAT THE BENEFITS PROVIDED IN THE CONTRACTS ARE UNREASONABLE IN RELATION TO THE CHARGES AND THAT AT ANY TIME THE DIRECTOR OR HIS DESIGNEE, AFTER A PUBLIC HEARING OF WHICH AT LEAST THIRTY DAYS' NOTICE HAS BEEN GIVEN, MAY WITHDRAW APPROVAL OF A SCHEDULE OF CHARGES PREVIOUSLY APPROVED OR AN APPROVED EVIDENCE OF COVERAGE IF HE DETERMINED THAT THE SCHEDULE OF CHARGES OR EVIDENCE OF COVERAGE NO LONGER MEETS THE STANDARDS FOR APPROVAL SPECIFIED IN THIS SECTION; TO AMEND SECTION 38-55-20, AS AMENDED, RELATING TO CONDUCT OF INSURANCE BUSINESS, THE REQUIREMENT THAT INSURERS SHALL DO BUSINESS IN THEIR OWN NAME, AND COMBINATION POLICIES, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE THAT AN INSURER MAY ELECT TO USE A TRADE NAME IN THE CONDUCT OF ITS BUSINESS IF THE INSURER ALSO CLEARLY DISCLOSES ITS PROPER OR CORPORATE NAME ON ITS POLICIES, CONTRACTS OF INSURANCE, AND OTHER DOCUMENTS FILED WITH THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-55-570, RELATING TO INSURANCE FRAUD AND REPORTING IMMUNITY AND NOTIFICATION OF THE INSURANCE FRAUD DIVISION OF KNOWLEDGE OR BELIEF OF FALSE STATEMENTS OR MISREPRESENTATIONS, SO AS TO PROVIDE THAT THE DEPARTMENT OF INSURANCE MAY RECEIVE AND MUST MAINTAIN AS CONFIDENTIAL ANY DOCUMENTS OR INFORMATION FURNISHED TO IT BY THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS OR INSURANCE

Printed Page 3989 . . . . . Tuesday, June 6, 1995

DEPARTMENTS OF OTHER STATES WHICH IS CLASSIFIED AS CONFIDENTIAL BY THAT ASSOCIATION OR STATE, PERMIT THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO SHARE DOCUMENTS OR INFORMATION, INCLUDING CONFIDENTIAL DOCUMENTS OR INFORMATION, WITH THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS OR INSURANCE DEPARTMENTS OF OTHER STATES, IF THE ASSOCIATION OR OTHER STATE AGREES TO MAINTAIN THE SAME LEVEL OF CONFIDENTIALITY AS IS PROVIDED UNDER SOUTH CAROLINA LAW, AND PROVIDE THAT IF THE DOCUMENTS OR INFORMATION RECEIVED BY THE SOUTH CAROLINA DEPARTMENT OF INSURANCE FROM THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS OR THE INSURANCE DEPARTMENTS OF OTHER STATES INVOLVE ALLEGATIONS OF INSURANCE FRAUD, THE DOCUMENTS OR INFORMATION MUST BE FORWARDED BY THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO THE INSURANCE FRAUD DIVISION OF THE OFFICE OF THE ATTORNEY GENERAL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 38-33-310 SO AS TO PROVIDE THAT NOTHING IN TITLE 38, CHAPTER 33 (HEALTH MAINTENANCE ORGANIZATIONS) MAY BE CONSTRUED TO PREVENT A HEALTH MAINTENANCE ORGANIZATION FROM CONTRACTING WITH AN OUT-OF-STATE PROVIDER.

(R98) S. 282 -- Senators Lander and Hayes: AN ACT TO AMEND SECTION 25-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO BE COMMISSIONED OR ENLISTED IN THE SOUTH CAROLINA STATE GUARD, SO AS TO PROVIDE THAT A PERSON MUST BE A UNITED STATES CITIZEN AND RESIDENCY IN SOUTH CAROLINA IS NOT REQUIRED.

(R99) S. 285 -- Senators Passailaigue, Rose and McConnell: AN ACT TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTER 60 ENACTING THE SOUTH CAROLINA REVENUE PROCEDURES ACT SO AS TO PROVIDE THE PROCEDURES APPLICABLE FOR THE APPEAL OF TAX MATTERS AND APPEALS ARISING UNDER MATTERS ARISING OUT OF DETERMINATIONS OF THE DEPARTMENT OF REVENUE AND TAXATION IN DIVISION OF MOTOR VEHICLE MATTERS; TO AMEND THE 1976 CODE BY

Printed Page 3990 . . . . . Tuesday, June 6, 1995

ADDING SECTION 12-31-290, SO AS TO PROVIDE PENALTIES FOR FAILING TO COMPLY WITH REGISTRATION REQUIREMENTS FOR PURPOSES OF THE ROAD TAX ON MOTOR CARRIERS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-54-25 AND 12-54-85 SO AS TO PROVIDE THE MANNER OF DETERMINING INTEREST ON UNDERPAYMENTS AND OVERPAYMENTS AND THE APPLICABLE STATUTES OF LIMITATIONS ON ASSESSMENTS AND CLAIMS FOR REFUND; TO AMEND SECTIONS 12-37-850, 12-45-180, AS AMENDED, 12-37-2680, AS AMENDED, AND 12-43-220, AS AMENDED, RELATING TO DUE DATES FOR PROPERTY TAXES, LIMITATIONS ON LEGAL PROCESS AFFECTING A COUNTY AUDITOR, AND ASSESSED VALUE OF MOTOR VEHICLES FOR PURPOSES OF PROPERTY TAX, SO AS TO CONFORM THESE SECTIONS TO THE PROVISIONS OF CHAPTER 60; TO AMEND SECTION 12-7-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; TO AMEND SECTION 12-7-1140, RELATING TO ALLOCATION OF INCOME FOR PURPOSES OF THE STATE INCOME TAX ON MULTISTATE BUSINESSES ENGAGED IN MANUFACTURING, OR ANY FORM OF COLLECTING, BUYING, ASSEMBLING, OR PROCESSING GOODS OR MATERIALS IN THIS STATE, OR SELLING, DISTRIBUTING, OR DEALING IN TANGIBLE PERSONAL PROPERTY IN THIS STATE, SO AS TO PROVIDE THE SALES FACTOR MUST BE USED TWICE IN COMPUTING NET INCOME SUBJECT TO INCOME TAX IN THIS STATE AND TO PROVIDE FOR THE ALLOCATION FORMULA WHEN A FACTOR IS NOT PRESENT; TO AMEND SECTIONS 12-2-20, AS AMENDED, AND 12-54-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF STATE TAX LAW AND ENFORCEMENT AND COLLECTION, SO AS TO INCLUDE A LIMITED LIABILITY COMPANY WITHIN THE DEFINITION OF "PERSON"; TO AMEND SECTION 12-7-1210, AS AMENDED, RELATING TO WORKING SPOUSE INCOME TAX CREDIT, SO AS TO DELETE THE PROHIBITION OF THE CREDIT ON A NONRESIDENT RETURN; TO AMEND SECTION 12-54-227, RELATING TO COLLECTION OF TAXES BY CONTRACT WITH COLLECTION AGENCIES, SO AS TO DELETE THE RESTRICTION ON SUCH COLLECTIONS TO NONRESIDENTS; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE

Printed Page 3991 . . . . . Tuesday, June 6, 1995

NONDISCLOSURE REQUIREMENTS FOR TAX RECORDS HELD BY THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO ALLOW REPORTING OF CERTAIN INFORMATION WITH RESPECT TO BANKRUPTCY PROCEEDINGS AND INSURANCE FRAUD; TO AMEND SECTIONS 33-41-1160 AND 33-43-1002, RELATING TO FOREIGN LIMITED LIABILITY PARTNERSHIPS AND FOREIGN LIMITED LIABILITY COMPANIES, SO AS TO PROVIDE THAT BY APPLYING FOR A CERTIFICATE OF AUTHORITY TO BUSINESS, THE PARTNERSHIP OR COMPANY AGREES TO THE JURISDICTION OF THE DEPARTMENT OF REVENUE AND TAXATION AND THE COURTS OF THIS STATE FOR THE DETERMINATION OF SOUTH CAROLINA TAX LIABILITY; AND TO REPEAL SECTION 12-4-335, CHAPTER 5 OF TITLE 12, SECTIONS 12-7-620, 12-7-630, 12-7-1650, 12-7-1670, 12-7-2000, 12-7-2210, 12-7-2220, 12-7-2240, 12-7-2300, 12-7-2310, 12-7-2440, 12-7-2510, 12-7-2710, 12-7-2720, 12-7-2730, 12-7-2740, 12-7-2750, 12-7-2760, 12-7-2780, 12-9-400, 12-9-810, 12-9-820, 12-9-830, 12-9-840, 12-9-850, 12-16-1130, 12-16-1310, 12-16-1320, 12-16-1330, 12-16-1340, 12-16-1350, 12-16-1360, 12-16-1920, 12-16-1930, 12-16-1940, 12-19-60, 12-19-160, 12-21-160, 12-21-470, 12-21-700, 12-21-710, 12-21-2080, 12-21-2480, 12-21-2560, 12-21-2570, 12-21-2840, 12-21-2850, 12-21-3020, 12-21-3030, 12-21-3040, 12-21-3050, 12-21-3060, 12-21-3090, 12-21-3100, 12-21-3110, 12-21-3120, 12-21-3130, 12-23-70, 12-23-80, 12-23-100, 12-23-110, 12-27-50, 12-27-310, 12-27-340, 12-27-580, 12-27-820, 12-29-140, 12-29-420, 12-29-430, ARTICLE 7 OF CHAPTER 29, 12-31-460, 12-31-470, 12-31-480, ARTICLE 7 OF CHAPTER 31, 12-37-2180, 12-37-2480, 12-39-65, 12-43-305, CHAPTER 47 OF TITLE 12, 12-49-70, ARTICLE 3 OF CHAPTER 53, SECTIONS 12-54-20, 12-54-30, AND 12-54-80, ALL OF THE 1976 CODE AND ALL RELATING TO TAX PROCEDURES.

Printed Page 397, June 1 | Printed Page 399, June 6

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