Journal of the Senate
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 2440, May 7 | Printed Page 2460, May 8 |
Printed Page 2450 . . . . . Wednesday, May 8, 1996
payment, the person officially charged with the collection of delinquent taxes shall furnish the purchaser a receipt for the purchase money and attach a copy of the receipt to the execution with the endorsement of his actions which must be retained by him. Expenses of the sale must be paid first and the balance of all delinquent tax sale monies collected must be turned over to the treasurer. Upon receipt of the funds, the treasurer shall immediately mark the public tax records regarding the property sold as follows: Paid by tax sale held on (insert date). All other monies received, including any excess due the defaulting taxpayer after payment of delinquent taxes, assessments, penalties, and costs, must be retained, paid out, and accounted for by the delinquent tax collector. The defaulting taxpayer must be notified in writing by the delinquent tax collector of any excess due the taxpayer. The notice must be addressed and mailed to the defaulting taxpayer in the manner provided in Section 12-51-40(b) for taking exclusive possession of real property. Expenses of providing this notice are considered costs of the sale for purposes of determining the amount, if any, of the excess."

SECTION 3. Section 12-51-120 of the 1976 Code is amended to read:

"Section 12-51-120. Neither more than forty-five days nor less than twenty days prior to the end of the redemption period for real estate sold for taxes, the person officially charged with the collection of delinquent taxes shall mail a notice by `certified mail, return receipt requested-deliver to addressee only' to the owner of record immediately preceding the end of the redemption period at the best address of the owner available to the person officially charged with the collection of delinquent taxes that the real property described on the notice has been sold for taxes and if not redeemed by paying taxes, assessments, penalties, costs and eight percent interest at the applicable rate on the bid price in the total amount of --- dollars on or before ---- (twelve months from date of sale)

(date) -----,

a tax title will be delivered to the successful purchaser at the tax sale. Under this chapter, the return of the certified mail `undelivered' is not grounds for a tax title to be withheld or be found defective and ordered set aside or canceled of record."

SECTION 4. This act takes effect upon approval by the Governor and applies with respect to delinquent tax sales occurring on and after that date./

Printed Page 2451 . . . . . Wednesday, May 8, 1996
Amend title to conform.

/s/Larry A. Martin .......... /s/Woodrow M. McKay
/s/Larry E. Richter .......... /s/Juanita M. White
/s/Thomas C. Alexander .......... /s/Robert W. Harrell, Jr.

On Part of the Senate. .......... On Part of the House.

, and a message was sent to the House accordingly.

S. 699--Enrolled for Ratification

The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

A message was sent to the House accordingly.

H. 4600--CONFERENCE COMMITTEE APPOINTED

H. 4600 -- GENERAL APPROPRIATION BILL

Message from the House

Columbia, S.C., May 8, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

H. 4600--Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1996. (Abbreviated Title)
asks for a Committee of Conference, and has appointed Reps. H. Brown, Boan and Robinson of the committee on the part of the House.

Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT appointed Senators DRUMMOND, J. VERNE SMITH and COURTNEY of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Printed Page 2452 . . . . . Wednesday, May 8, 1996
H. 4602--CONFERENCE COMMITTEE APPOINTED

H. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.

Message from the House

Columbia, S.C., May 8, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

H. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.
asks for a Committee of Conference, and has appointed Reps. H. Brown, Boan and Robinson of the committee on the part of the House.

Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT appointed Senators DRUMMOND, J. VERNE SMITH and COURTNEY of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

RECALLED

H. 3732 -- Reps. Martin, Herdklotz, Meacham, Thomas, Simrill, Stoddard, Fulmer, Witherspoon, Jennings, Stille, Sandifer, Baxley, Robinson, Law, Rice, Davenport, Hallman, Neilson, Delleney and Walker: A BILL TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES ASSOCIATED WITH A PERSON DRIVING WHILE HIS LICENSE IS CANCELED, SUSPENDED, OR REVOKED, SO AS TO REVISE THE PENALTY.

Senator LAND asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.

There was no objection.

Senator LAND spoke on the Bill.

Printed Page 2453 . . . . . Wednesday, May 8, 1996
On motion of Senator LAND, with unanimous consent, the Bill was ordered placed on the Calendar.

RECALLED

H. 4501 -- Reps. Fleming, Mason, G. Brown, Seithel, Clyburn, S. Whipper, Sandifer, Stoddard, L. Whipper, Vaughn, Littlejohn, Cato, Elliott and R. Smith: A BILL TO AMEND SECTION 12-56-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO EXCLUDE FROM THE DEFINITION OF "DELINQUENT DEBT" SUMS OWED A COUNTY HOSPITAL WHEN THE HOSPITAL AND THE DEBTOR HAVE ENTERED INTO A WRITTEN PAYMENT AGREEMENT AND THE DEBTOR IS CURRENT IN MEETING THE OBLIGATIONS OF THE AGREEMENT.

Senator DRUMMOND asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

On motion of Senator DRUMMOND, with unanimous consent, the Bill was ordered placed on the Calendar.

RECALLED

H. 4542 -- Reps. Klauber, Herdklotz, Simrill, McCraw, Richardson, Shissias, J. Young and Jaskwhich: A BILL TO AMEND SECTION 12-56-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO INCLUDE MUNICIPAL, COUNTY, AND REGIONAL HOUSING AUTHORITIES WITHIN THE DEFINITION OF "CLAIMANT AGENCY".

Senator DRUMMOND asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

On motion of Senator DRUMMOND, with unanimous consent, the Bill was ordered placed on the Calendar.

Printed Page 2454 . . . . . Wednesday, May 8, 1996
RECALLED

H. 4774 -- Rep. Fulmer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-227 SO AS TO PROVIDE A METHOD FOR VALUING HOMEOWNERS' ASSOCIATION PROPERTY FOR AD VALOREM TAX PURPOSES; AND TO AMEND SECTION 12-43-230, RELATING TO THE DEFINITIONS OF CERTAIN TYPES OF PROPERTY FOR AD VALOREM TAX PURPOSES SO AS TO DEFINE HOMEOWNERS' ASSOCIATION PROPERTY.

Senator DRUMMOND asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

On motion of Senator DRUMMOND, with unanimous consent, the Bill was ordered placed on the Calendar.

RECALLED

H. 4902 -- Reps. Limehouse, Wilder, McMahand, Stoddard, Vaughn, Trotter, Rhoad, Breeland, Tripp, Easterday, Harrell and Herdklotz: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE BY ADDING CHAPTER 42 SO AS TO ESTABLISH THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK ACT AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO AUTHORIZE THE BANK TO PROVIDE LOANS AND OTHER FINANCIAL ASSISTANCE TO GOVERNMENT UNITS AND PRIVATE ENTITIES TO FINANCE PUBLIC HIGHWAY AND TRANSIT PROJECTS; TO AUTHORIZE THE DEPARTMENT OF TRANSPORTATION TO FUND THE BANK WITH UP TO FIVE PERCENT OF FUNDS APPROPRIATED FOR THE CONSTRUCTION AND MAINTENANCE OF STATE HIGHWAYS TO ALLOW FEDERAL GRANTS, LOAN REPAYMENTS, AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE BANK; AND TO AUTHORIZE LENDING TO AND BORROWING BY GOVERNMENT UNITS AND PRIVATE ENTITIES THROUGH THE BANK.

Senator LAND asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.

There was no objection.

Printed Page 2455 . . . . . Wednesday, May 8, 1996
On motion of Senator LAND, with unanimous consent, the Bill was ordered placed on the Calendar.

RECALLED

H. 4979 -- Reps. Carnell, McAbee, Boan, Hallman and Keegan: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES AND THE DEPARTMENT OF CORRECTIONS.

Senator DRUMMOND asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

On motion of Senator DRUMMOND, with unanimous consent, the Bill was ordered placed on the Calendar.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1409 -- Senator Hayes: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. MOUBRAY BEATY, A PROMINENT ROCK HILL REALTOR AND DEVELOPER, UPON HIS DEATH.

The Concurrent Resolution was adopted, ordered sent to the House.

S. 1410 -- Senator Patterson: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE SOUTH CAROLINA COMMISSION FOR THE BLIND ON ITS THIRTIETH ANNIVERSARY AND TO EXPRESS APPRECIATION AND GRATITUDE FOR THE THIRTY YEARS OF SERVICE TO THE BLIND AND SEVERELY VISUALLY IMPAIRED CITIZENS OF THIS GREAT STATE.

The Concurrent Resolution was adopted, ordered sent to the House.

H. 4997 -- Reps. Walker and Richardson: A CONCURRENT RESOLUTION TO COMMEND THE INDEPENDENT INSURANCE

Printed Page 2456 . . . . . Wednesday, May 8, 1996
AGENTS OF AMERICA, INC., (IIAA) ON THE OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4998 -- Reps. Sandifer and Klauber: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR CHIEF WARRANT OFFICER FIVE HURMAN FRANKLIN HUGHES FOR THIRTY-SEVEN YEARS OF SERVICE TO SOUTH CAROLINA AND THIS NATION.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 5000 -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. HERBERT MELLETTE, JR., OF TURBEVILLE, UPON HIS DEATH.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 5001 -- Reps. L. Whipper, Breeland, Dantzler, Fulmer, Hallman, Harrell, Hutson, Inabinett, Limehouse, Seithel, Whatley and S. Whipper: A CONCURRENT RESOLUTION PROUDLY COMMENDING AND EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE REVEREND W.H. "BILL" ALSTON OF AWENDAW, SOUTH CAROLINA, FOR HIS GENEROSITY AND COMPASSION TO THE CITIZENS OF HIS COMMUNITY, COUNTY, AND STATE.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 5003 -- Reps. J. Young, Canty, McElveen, Neal, Baxley, G. Brown, Harvin and Neilson: A CONCURRENT RESOLUTION EXPRESSING THE SORROW AND DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND MANY FRIENDS UPON THE DEATH OF ONE OF THIS STATE'S MOST PROMINENT CITIZENS, MARGARET WEEKS "TOODY" OSTEEN, CHAIRMAN OF THE BOARD OF OSTEEN PUBLISHING COMPANY.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 5004 -- Rep. P. Harris: A CONCURRENT RESOLUTION TO RECOGNIZE THE 175TH ANNIVERSARY OF THE CREATION OF THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH ON MAY 8, 1996, FOR PROVIDING CARE AND TREATMENT FOR THE

Printed Page 2457 . . . . . Wednesday, May 8, 1996
CITIZENS OF SOUTH CAROLINA WHO SUFFER FROM MENTAL ILLNESS.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 5005 -- Reps. L. Whipper, Breeland, Dantzler, Fulmer, Hallman, Harrell, Hutson, Inabinett, Limehouse, Seithel, Whatley and S. Whipper: A CONCURRENT RESOLUTION TO COMMEND AND OFFER THE SINCERE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MIRIAM COLLETON GREEN OF AWENDAW, SOUTH CAROLINA, FOR HER OUTSTANDING CAREER, LIFETIME ACCOMPLISHMENTS, AND GENEROSITY IN SERVING THE PEOPLE OF CHARLESTON COUNTY.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 5006 -- Reps. J. Brown, Allison, Baxley, Breeland, G. Brown, H. Brown, T. Brown, Byrd, Cain, Carnell, Cato, Cave, Chamblee, Clyburn, Cooper, Cromer, Dantzler, Delleney, Easterday, Felder, Fleming, Gamble, Hallman, J. Harris, Haskins, J. Hines, M. Hines, Howard, Inabinett, Keegan, Kinon, Kirsh, Klauber, Koon, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Martin, Mason, McCraw, McKay, McMahand, Meacham, Moody-Lawrence, Neilson, Phillips, Rice, Richardson, Riser, Sandifer, Seithel, Sharpe, Sheheen, Simrill, R. Smith, Spearman, Stoddard, Thomas, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, Wilder, Williams, Witherspoon, Wofford, Worley, Wright and Young-Brickell: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE SOUTH CAROLINA COMMISSION FOR THE BLIND ON ITS THIRTIETH ANNIVERSARY AND TO EXPRESS APPRECIATION AND GRATITUDE FOR THE THIRTY YEARS OF SERVICE TO THE BLIND AND SEVERELY VISUALLY IMPAIRED CITIZENS OF THIS GREAT STATE.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4657 -- Reps. Haskins, Easterday, Rice, Knotts, Limehouse, Simrill, Cooper, Meacham, Herdklotz, Byrd, Loftis, Stille, Chamblee, Waldrop, Kelley, Vaughn, Law, Allison, Davenport, Wright and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1535 SO AS TO PROVIDE THAT ALL LAW ENFORCEMENT AGENCIES SHALL PROVIDE CRIME VICTIMS WITH A COPY OF THE CRIME INCIDENT REPORT

Printed Page 2458 . . . . . Wednesday, May 8, 1996
RELATING TO THEIR CASE AND CERTAIN OTHER INFORMATION; TO ADD SECTION 16-3-1537 SO AS TO REQUIRE A CRIMINAL SENTENCING JUDGE TO APPLY AMOUNTS FORFEITED TO THE COURT BY A PERSON PURSUANT TO SECTION 17-15-90 TOWARD THE PAYMENT OF RESTITUTION THE COURT ORDERS THE PERSON TO PAY; TO ADD SECTION 17-1-18 SO AS TO REQUIRE THE STATE SUPREME COURT TO PROMULGATE RULES TO ALLOW AN APPEAL OF CERTAIN COURT ORDERS IF A VICTIM IMPACT STATEMENT WAS NOT CONSIDERED BY THE COURT OR IF A REASONABLE AMOUNT OF RESTITUTION WAS NOT ORDERED; TO ADD SECTION 24-21-490 SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES SHALL COLLECT AND DISTRIBUTE RESTITUTION, THE PROCEDURE FOR COLLECTING AND DISTRIBUTING RESTITUTION, THE MAINTENANCE OF A MINIMUM NUMBER OF RESTITUTION BEDS AND PUBLISHING OF AN ANNUAL REPORT CONCERNING THE STATE'S EFFORTS TO COLLECT RESTITUTION AND OTHER FEES; TO AMEND SECTION 16-3-1110, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN CERTAIN PROVISIONS REGARDING THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE A DEFINITION OF "RESTITUTION"; AND TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO PROVIDE THE AMOUNT OF RESTITUTION A JUDGE MUST ORDER AN OFFENDER TO PAY.

Read the first time and referred to the Committee on Judiciary.

REPORTS OF STANDING COMMITTEES

Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:

H. 4409 -- Reps. Cotty, Harrison, Sheheen, Huff, Fleming, Hodges, Jennings and Limbaugh: A BILL TO AMEND SECTION 62-2-804, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROBATE CODE, INTESTATE SUCCESSION AND WILLS, AND THE EFFECT OF A PROVISION FOR SURVIVORSHIP ON SUCCESSION TO JOINT TENANCY, SO AS TO PROVIDE FURTHER FOR THE TYPE OF INSTRUMENT WHICH PRECLUDES THE SEVERANCE OF A JOINT TENANCY UPON THE DEATH OF A JOINT TENANT.

Ordered for consideration tomorrow.

Printed Page 2459 . . . . . Wednesday, May 8, 1996
Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:

H. 4541 -- Reps. Simrill, Moody-Lawrence and Kirsh: A BILL TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES AND THE PENALTIES THEREFOR, SO AS TO INCREASE THE MONETARY PENALTIES FOR CERTAIN VIOLATIONS.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable report on:

H. 4545 -- Reps. Klauber, Simrill, Askins, Chamblee, Mason, R. Smith, Limehouse, Young-Brickell, Koon, Wright, Herdklotz, Sharpe, Knotts, Tripp, Elliott, Fulmer, D. Smith, Gamble, Quinn, Kennedy, Vaughn, Rice, Cato, Bailey, Wofford, Davenport, Whatley, Haskins, Worley, J. Young, Littlejohn, Law, Allison, Riser, Witherspoon, Lanford and Carnell: A BILL TO AMEND SECTION 58-27-865, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, RATES AND CHARGES, ESTIMATES OF FUEL COSTS, REPORTS, AND ADJUSTMENT OF DIFFERENCE BETWEEN ACTUAL AND ESTIMATED COSTS, SO AS TO DEFINE "COST" FOR THE PURPOSES OF THIS SECTION, DELETE CERTAIN LANGUAGE, PROVIDE THAT IT MUST BE CONCLUSIVELY PRESUMED THAT AN ELECTRICAL UTILITY MADE EVERY REASONABLE EFFORT TO MINIMIZE COST ASSOCIATED WITH THE OPERATION OF ITS NUCLEAR GENERATION FACILITY OR SYSTEM, AS APPLICABLE, IF THE UTILITY ACHIEVED A NET CAPACITY FACTOR OF NINETY PERCENT OR HIGHER DURING THE PERIOD UNDER REVIEW.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable report on:

H. 4546 -- Reps. Klauber, Askins, Mason, Chamblee, R. Smith, Meacham, Wright, Elliott, Koon, D. Smith, Knotts, Herdklotz, Sharpe, Bailey, Gamble, Fulmer, Tripp, Whatley, Law, Kennedy, Vaughn, Rice, Quinn, Cato, Davenport, Wofford, Haskins, Worley, Littlejohn, Riser, J. Young, Young-Brickell, Lanford, Simrill, Witherspoon and Carnell:

Printed Page 2460 . . . . . Wednesday, May 8, 1996
A BILL TO AMEND SECTION 58-27-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, THE DISPOSITION OF PROPERTIES, POWERS, FRANCHISES, OR PRIVILEGES, AND THE PERMISSION TO SELL CERTAIN OUT-OF-STATE PROPERTY, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE TO "UTILITY PROPERTY", DELETE REFERENCES TO OUT-OF-STATE PROPERTY, DELETE THE REQUIREMENT OF A HEARING, AND DEFINE "UTILITY PROPERTY" FOR PURPOSES OF THIS SECTION.

Ordered for consideration tomorrow.

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