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 3190, May 23 | Printed Page 3210, May 23 |
Printed Page 3200 . . . . . Thursday, May 23, 1996
Senator PEELER explained the amendment.

Senator BOAN asked unanimous consent to reconsider adoption of the committee amendment.

There was no objection and, on motion of Senator BOAN, with unanimous consent, the amendment was tabled.

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

Objection

Senator PEELER asked unanimous consent for third reading on Friday, May 24, 1996.

Senator HOLLAND objected.

SECOND READING BILLS

The following Bill and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:

H. 4726 -- Rep. Witherspoon: A JOINT RESOLUTION TO AMEND ACT 239 OF 1991, RELATING TO THE PROHIBITION AGAINST THE TAKING AND ATTEMPTS TO TAKE STRIPED BASS AND WHITE BASS HYBRIDS NEAR THE MOUTH OF THE SAVANNAH RIVER UPSTREAM TO NEW SAVANNAH BLUFF LOCK DAM IN SOUTH CAROLINA WATERS UNTIL JULY 1, 1996, SO AS TO EXTEND THE MORATORIUM AND EXPAND THE AREA COVERED BY THE MORATORIUM.

Senator GREG SMITH asked unanimous consent to take the Joint Resolution up for immediate consideration.

There was no objection.

H. 4726--Ordered to a Third Reading

On motion of Senator GREG SMITH, with unanimous consent, H. 4726 was ordered to receive a third reading on Friday, May 24, 1996.

H. 4101 -- Reps. Witherspoon and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 30 TO TITLE 46 SO AS TO PROVIDE FOR A REFERENDUM TO APPROVE AN ASSESSMENT ON MARKETED

Printed Page 3201 . . . . . Thursday, May 23, 1996
TOBACCO TO PROVIDE FUNDS FOR TOBACCO PRODUCTION RESEARCH.

Senator LEVENTIS explained the Bill.

AMENDED, READ THE SECOND TIME

H. 4344 -- Reps. Jennings, Inabinett, Allison, Haskins, Harrison, Vaughn, Simrill, Herdklotz, Delleney, Kirsh, Richardson and McElveen: A BILL TO AMEND SECTION 20-7-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF JUVENILE CASES, SO AS TO DELETE THE CAP ON THE AMOUNT OF RESTITUTION THAT A COURT MAY ORDER A JUVENILE TO PAY, TO PROVIDE THAT THIS AMOUNT IS IN THE COURT'S DISCRETION, AND TO PROVIDE FACTORS TO BE CONSIDERED IN ESTABLISHING THIS AMOUNT.

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

The Judiciary Committee proposed the following amendment (JUD4344.001), which was adopted:

Amend the bill, as and if amended, page 2, beginning on line 9, in Section 20-7-1330(a), as contained in SECTION 1, by striking lines 9 through 13 in their entirety and inserting therein the following:

/monetary loss, the child's particular role in causing this loss, and the child's ability to pay the amount over a reasonable period of time. The Department of Juvenile Justice shall develop a system for the transferring of any a court ordered restitution from the juvenile child to the victim or owner of property/.

Amend the bill further, as and if amended, by adding appropriately numbered SECTIONS to read:

/SECTION . Section 20-7-1330(b) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(b) as a condition of probation impose upon the juvenile child a fine not exceeding two hundred dollars when the offense is one in which a magistrate, municipal, or circuit court judge has the authority to impose a fine. A fine may be imposed when commitment is suspended but not in addition to commitment;"

SECTION ___. The first paragraph of Section 20-7-1335 of the 1976 Code is amended to read:

"A juvenile child not previously adjudicated delinquent for committing an offense which would have been a crime if committed by an adult, who

Printed Page 3202 . . . . . Thursday, May 23, 1996
has been taken into custody, charged with, or adjudicated delinquent for having committed a status offense or a nonviolent criminal offense may petition the family court for an order destroying all official records relating to his being taken into custody, the charges filed against him, his adjudication, and disposition. The granting of the order is discretionary with the court. However, the court may not grant the order unless it finds that the person who is seeking to have his records destroyed is at least eighteen years of age, has fully and successfully completed any dispositional sentence imposed upon him, and has neither been charged nor is currently charged with committing any additional criminal offenses."/.

Renumber sections to conform.

Amend title to conform.

Senator COURTNEY explained the amendment.

The amendment ws adopted.

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

H. 4344--Ordered to a Third Reading

On motion of Senator COURTNEY, with unanimous consent, H. 4344 was ordered to receive a third reading on Friday, May 24, 1996.

AMENDED, READ THE SECOND TIME

H. 5028 -- Reps. Neilson, Baxley and J. Hines: A BILL TO PROVIDE FOR A REFERENDUM FOR THE CREATION OF THE J.C. DANIEL CENTER DISTRICT IN DARLINGTON COUNTY.

Senator PASSAILAIGUE 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.

Senator SALEEBY proposed the following amendment (S-INS.EES.MLP#1), which was adopted:

Amend the bill, as and if amended, by striking line 22 on page 1 in its entirety and inserting in lieu thereof:

Printed Page 3203 . . . . . Thursday, May 23, 1996
/levy to be used exclusively for the renovation and operation of the J.C. Daniel Center./

Amend the bill further, by striking lines 33 and 34, on page 1 in its entirety and inserting in lieu thereof:

/and a two mill tax levy to be used exclusively for the renovation and operation of the J.C. Daniel Center./

Amend the bill further, by adding on page 2, line 8, the following:

/(D) The mileage shall be removed after a ten-year period./

Amend title to conform.

The amendment was adopted.

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

H. 5028--Ordered to a Third Reading

On motion of Senator PASSAILAIGUE, H. 5028 was ordered to receive a third reading on Friday, May 24, 1996.

COMMITTED TO THE AIKEN COUNTY DELEGATION

S. 1363 -- Senator Ryberg: A BILL TO PROVIDE THAT WHEN THE CITY OF AIKEN ACQUIRES AN EXISTING WATERWORKS OR SEWER FACILITY, IT MAY NOT REQUIRE AN EXISTING CUSTOMER OF THE FACILITY OR A POTENTIAL CUSTOMER WITHIN THE SERVICE AREA OF THE FACILITY TO EXECUTE A CONTRACT WHICH PROHIBITS OPPOSITION TO ANNEXATION OF THE CUSTOMER'S PROPERTY AS A CONDITION OF CONTINUED RECEIPT OF SERVICES.

Senator RYBERG asked that the Bill be committed to the Aiken County Delegation.

There was no objection.

COMMITTED TO THE AIKEN COUNTY DELEGATION

S. 1364 -- Senator Ryberg: A BILL TO PROHIBIT THE CITY OF AIKEN FROM USING OR EXPENDING ANY FUNDS DERIVED FROM FEES OR SERVICE CHARGES RECEIVED FROM THE OPERATION OF A MUNICIPAL UTILITY FOR ANY PURPOSE OTHER THAN THE OPERATION AND MAINTENANCE OF THE UTILITY FROM WHICH THE FEES OR SERVICE CHARGES WERE DERIVED.

Printed Page 3204 . . . . . Thursday, May 23, 1996
Senator RYBERG asked that the Bill be committed to the Aiken County Delegation.

There was no objection.

AMENDED, OBJECTION

H. 4825--Rep. Boan: A BILL TO AMEND SECTION 12-28-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON GASOLINE AND DIESEL FUEL, SO AS TO PROVIDE THAT THE LICENSE TAX IMPOSED BY THIS SECTION IS IN LIEU OF ALL SALES, USE, OR OTHER EXCISE TAX WHICH MAY OTHERWISE BE IMPOSED BY ANY MUNICIPALITY, COUNTY, OR OTHER LOCAL POLITICAL SUBDIVISION; AND TO AMEND SECTION 12-28-2520, RELATING TO THE TAX ON MOTOR FUELS, REPORTS AND BOND REQUIREMENTS, AND OIL COMPANY BOND EXEMPTION BASED ON STATEMENT OF ASSETS AND LIABILITIES, SO AS TO PROVIDE THAT "A MOTOR FUEL LICENSEE", RATHER THAN "AN OIL COMPANY", MAY FURNISH A STATEMENT OF ASSETS AND LIABILITIES AND THAT IF IN THE JUDGMENT OF THE ADMINISTERING AGENCY, THE PROPERTY OWNED BY THE "MOTOR FUEL LICENSEE", RATHER THAN "THE OIL COMPANY", IS SUFFICIENT TO PROTECT THE STATE IN THE PAYMENT OF ALL "MOTOR FUEL TAXES", RATHER THAN "GASOLINE TAXES", DUE, A BOND IS NOT REQUIRED; AND TO REPEAL SECTION 12-28-2510, RELATING TO THE TAX ON MOTOR FUELS AND THE ANNUAL REPORTING REQUIREMENT OF GALLONS SOLD THROUGH RETAIL OUTLETS.(ABBREVIATED TITLE)

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

There was no objection.

Senator RANKIN proposed the following amendment (4825R002.LAR), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION . Section 12-28-2750 of the 1976 Code is amended to read:

"Section 12-28-2750. Subject to the provisions of Section 12-28-2910, the remainder of the proceeds from the gasoline fuel taxes

Printed Page 3205 . . . . . Thursday, May 23, 1996
levied and provided for in this chapter must be remitted to the State Highway Fund to be deposited to the credit of a special account to be designated as the State Highway Construction Debt Service Fund. All monies credited to the state Highway Construction Debt Service Fund must only be used for the exclusive purpose of defraying the costs incurred in the issuance of state highway construction bonds."/

Renumber sections to conform.

Amend title to conform.

Senator RANKIN explained the Bill.

The amendment was adopted.

Senator McCONNELL objected to further consideration of the Bill.

AMENDED, OBJECTION

H. 4833 -- Reps. Robinson, Herdklotz, Waldrop, Fulmer, Trotter, Sandifer, Marchbanks, Rice, Haskins and Harrell: A BILL TO AMEND SECTION 12-28-795, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTEREST DUE ON GASOLINE TAX REFUNDS, SO AS TO CORRECT THE REFERENCE TO THE PROVISIONS ON INTEREST ON TAX OVERPAYMENTS AND UNDERPAYMENTS; TO AMEND SECTION 12-28-2360, RELATING TO REFUNDS OF GASOLINE TAX INSPECTION FEES, SO AS TO EXTEND THE GENERAL LIMITATIONS ON THE ASSESSMENT OF STATE TAXES TO CLAIMS FOR REFUNDS; TO AMEND SECTION 12-37-2680, AS AMENDED, RELATING TO VALUATION OF MOTOR VEHICLES FOR PURPOSES OF PROPERTY TAXES, SO AS TO DELETE AN OBSOLETE REFERENCE WITH RESPECT TO THE AUDITOR'S DUTIES; TO AMEND SECTION 12-43-300, AS AMENDED, RELATING TO APPEALS OF VALUATION FOR PURPOSES OF THE PROPERTY, SO AS TO DELETE REDUNDANT PROVISIONS AND CORRECT A REFERENCE; TO AMEND SECTION 12-54-25, RELATING TO INTEREST ON TAX UNDERPAYMENTS AND OVERPAYMENTS, SO AS TO ALLOW THE DEPARTMENT OF REVENUE AND TAXATION TO INCREASE FROM FIFTEEN TO THIRTY DAYS THE TIME FOR WHICH INTEREST MAY BE WAIVED FOR ADMINISTRATIVE CONVENIENCE; TO AMEND SECTION 12-54-85, RELATING TO LIMITATIONS ON TAX ASSESSMENTS AND COLLECTIONS, SO AS TO PROVIDE THE DATES WHEN CERTAIN TAXES ARE CONSIDERED TO HAVE

Printed Page 3206 . . . . . Thursday, May 23, 1996
BEEN PAID OR RETURNS FILED; TO AMEND SECTION 12-60-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE TAX APPEALS, SO AS TO REVISE DEFINITIONS; TO AMEND SECTION 12-60-40, RELATING TO WAIVER OF TIME LIMITATIONS FOR PURPOSES OF TAX APPEALS, SO AS TO ALLOW THE DEPARTMENT TO EXTEND ANY TIME LIMITATIONS; TO AMEND SECTION 12-60-50, RELATING TO THE PROVISIONS APPLICABLE WHEN TIME PERIODS EXPIRE ON WEEKENDS OR LEGAL HOLIDAYS, SO AS TO CLARIFY THAT THESE PROVISIONS APPLY TO ALL TAXES; TO AMEND SECTION 12-60-410, RELATING TO LIMITATIONS ON ASSESSMENTS FOR A TAX PERIOD FOR WHICH A FINAL ADMINISTRATIVE OR JUDICIAL ORDER HAS BEEN ISSUED, SO AS TO EXEMPT FROM THESE AN ORDER ABATING A JEOPARDY ASSESSMENT OR ASSESSMENT ARISING FROM ADDITIONAL INTERNAL REVENUE SERVICE ASSESSMENTS; TO AMEND SECTION 12-60-440, RELATING TO DEFICIENCY ASSESSMENT RESTRICTIONS, SO AS TO PROVIDE ADDITIONAL EXEMPTIONS FROM THESE RESTRICTIONS; TO AMEND SECTION 12-60-920, RELATING TO JEOPARDY ASSESSMENTS, SO AS TO PROVIDE FURTHER FOR ASSESSMENTS AND APPEALS IN THESE CASES; TO AMEND SECTION 12-60-1350, RELATING TO THE EXCLUSIONS OF APPEALS UNDER THE SOUTH CAROLINA REVENUE PROCEDURES ACT, SO AS TO EXTEND THESE EXCLUSIONS TO LICENSES SUSPENDED OR REVOKED BY THE CHILD SUPPORT ENFORCEMENT DIVISION OF THE STATE DEPARTMENT OF SOCIAL SERVICES AND TO PROVIDE FOR APPEALS OF THESE MATTERS TO BE HANDLED BY THE STATE DEPARTMENT OF SOCIAL SERVICES; TO AMEND SECTION 12-60-2130, RELATING TO PROPERTY TAX ASSESSMENT APPEALS OF PROPERTY VALUED BY THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO DELETE THE AUTHORITY OF A COUNTY ASSESSOR TO APPEAL A DEPARTMENTAL DETERMINATION; TO AMEND SECTION 12-60-2150, RELATING TO CLAIMS FOR REFUND BASED ON PROPERTY TAX EXEMPTIONS, SO AS TO CHANGE A REFERENCE FROM PROTEST TO CLAIM FOR REFUND; AND TO REPEAL SECTIONS 12-4-760, 12-47-75, AND 12-54-60, RELATING RESPECTIVELY TO APPEALS TO THE TAX BOARD OF REVIEW, THE PROPER CREDITING OF TAXES ERRONEOUSLY CREDITED, AND AUTHORITY OF THE DEPARTMENT OF REVENUE AND
Printed Page 3207 . . . . . Thursday, May 23, 1996
TAXATION TO ESTIMATE TAXES DUE WHEN A REQUIRED REPORT OR RETURN IS NOT FILED.

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

There was no objection.

Senator RANKIN proposed the following amendment (4833R003.LAR), which was adopted:

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

/ SECTION . Section 12-28-2750 of the 1976 Code is amended to read:

"Section 12-28-2750. Subject to the provisions of Section 12-28-2910, the remainder of the proceeds from the gasoline fuel taxes levied and provided for in this chapter must be remitted to the State Highway Fund to be deposited to the credit of a special account to be designated as the State Highway Construction Debt Service Fund. All monies credited to the state Highway Construction Debt Service Fund must only be used for the exclusive purpose of defraying the costs incurred, including debt service, in the issuance of state highway construction bonds."/

Renumber sections to conform.

Amend title to conform.

Senator RANKIN explained the Bill.

The amendment was adopted.

Senator McCONNELL objected to further consideration of the Bill.

CARRIED OVER

S. 1168 -- Senator Martin: A BILL TO AMEND SECTION 40-57-155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTINUING EDUCATION FOR REAL ESTATE AGENTS, SO AS TO PROVIDE SIXTEEN HOURS OF MANDATORY CONTINUING EDUCATION FOR REAL ESTATE LICENSEES.

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

Printed Page 3208 . . . . . Thursday, May 23, 1996
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.

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

H. 4782--Rep. Easterday: A BILL TO AMEND SECTION 37-5-203, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, DEBTORS' REMEDIES, AND CIVIL LIABILITY FOR VIOLATION OF DISCLOSURE PROVISIONS, SO AS TO PROVIDE THAT CERTAIN PROVISIONS OF THIS SUBSECTION SHALL NOT BE CONSTRUED TO IMPOSE CIVIL LIABILITY OR PENALTIES ON AN ARRANGER OF CREDIT WHEN DISCLOSURE CONSTITUTING A VIOLATION OF THE FEDERAL TRUTH IN LENDING ACT IS ACTUALLY COMMITTED BY ANOTHER PERSON AND THE ARRANGER OF THE CREDIT HAS NO KNOWLEDGE OF THE VIOLATION WHEN IT OCCURRED, TO AMEND THE 1976 CODE BY ADDING SECTION 40-58-35 SO AS TO PROVIDE THAT A MORTGAGE LOAN BROKER MAY CONTRACT FOR AND RECEIVE A LOAN BROKER'S FEE AS SET FORTH IN THE BROKER'S FEE AGREEMENT WITH THE APPLICANT, TO AMEND SECTION 40-58-65, RELATING TO THE REGISTRATION OF MORTGAGE LOAN BROKERS, RECORDS, CONFIDENTIALITY, THE PHYSICAL PRESENCE OF A MORTGAGE BROKER IN THE STATE, AND OFFICIAL PLACE OF BUSINESS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A REGISTERED MORTGAGE LOAN BROKER WITH AN OFFICIAL PLACE OF BUSINESS WITHIN SOUTH CAROLINA ALSO MAY MAINTAIN ONE OR MORE SATELLITE OFFICES UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 37-3-201, AS AMENDED, RELATING TO THE CONSUMER PROTECTION CODE, LOANS, MAXIMUM CHARGES, AND THE LOAN FINANCE CHARGE FOR CONSUMER LOANS OTHER THAN SUPERVISED LOANS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO A

Printed Page 3209 . . . . . Thursday, May 23, 1996
MORTGAGE LOAN BROKER AS DEFINED IN SECTION 40-58-20.(ABBREVIATED TITLE)

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

H. 4717 -- Reps. Sharpe and Rice: A BILL TO AMEND SECTION 44-96-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT, SO AS TO DEFINE "STRUCTURAL FILL"; TO AMEND SECTION 44-96-80, RELATING TO COUNTY OR REGIONAL SOLID WASTE MANAGEMENT PLANS, SO AS TO PROVIDE THAT THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT DOES NOT AUTHORIZE A LOCAL GOVERNMENT TO ENACT ORDINANCES OR RESOLUTIONS TO REGULATE STRUCTURAL FILLS; AND TO AMEND SECTION 44-96-290, RELATING TO STANDARDS USED FOR GRANTING PERMITS TO PERSONS TO OPERATE A SOLID WASTE MANAGEMENT FACILITY, SO AS TO ALLOW THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE PERMITS FOR SHORT-TERM STRUCTURAL FILLS.

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

H. 3198 -- Rep. Richardson: A BILL TO AMEND SECTION 56-3-1975, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION OF HANDICAPPED PARKING PLACES, SO AS TO REQUIRE HANDICAPPED PARKING SIGNS ERECTED AFTER JUNE 30, 1995, TO INCLUDE THE PENALTIES FOR UNLAWFUL USE.

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

LOCAL APPOINTMENT

Confirmation

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

Reappointment, Berkeley County Board of Voter Registration, with term to commence March 15, 1996, and to expire March 15, 1998:

Mr. Edward Ravenell, 561 Tiny Lane, Cross, S.C. 29436

MOTION ADOPTED

On motion of Senator HOLLAND, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Lucile R. Sheheen of Camden, S.C., beloved mother of the Honorable Robert Sheheen.

| Printed Page 3190, May 23 | Printed Page 3210, May 23 |
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