Journal of the House of Representatives
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
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Printed Page 4658, June 1
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Printed Page 4660 . . . . . Monday, June 5,
1995
Monday, June 5, 1995
(Local Session)
Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of
Representatives, the Rev. Dr. Alton C. Clark as follows:
O God our Father, as we seek to find our way through the demands of our day,
make us mindful of Your presence, eager to do Your will, and ready to carry our
responsibilities with honor to our offices, to our State, and to our Father God.
Give us clarity of vision to do what we ought to do, the courage to do it, and
the faith to keep us steadfast. May we be possessed with lofty principles and
sustained by noble ambitions. Grant us wisdom for the facing tasks and courage
for the living of these days. Keep our faith steady, our hope stable, and our
good will strong.
And to You, Lord, we give our praise and thanksgiving. Amen.
After corrections to the Journal of the proceedings of Thursday, the SPEAKER
ordered it confirmed.
ADJOURNMENT
At 10:10 A.M. the House in accordance with H. 4239 (Sine Die Adjournment
Resolution) adjourned to meet at 10:00 A.M. tomorrow.
* * *
Printed Page 4661 . . . . . Tuesday, June 6,
1995
Tuesday, June 6, 1995
(Local Session)
Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of
Representatives, the Rev. Dr. Alton C. Clark as follows:
Eternal Father, we confess that our puny strength and fallible judgments are
unequal to the tests and tasks of our times. Forbid, then, that we should rely
only on our own devices and councils. Bowing our heads at this altar of prayer,
cause us to be still and to know that You are our God. Through the tangled
wilderness of human relationships, show us the clear path that leads to the
summit of Your will. With eyes cleansed of selfish motives, may we see Your way
and follow it without fail.
We pray to our God Who is always good and true. Amen.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER
ordered it confirmed.
RATIFICATION OF ACTS
At 10:05 A.M. the House attended in the Senate Chamber, where the following
Acts and Joint Resolutions were duly 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 DAY CARE CENTERS, THE REGISTRATION OF FAMILY DAY CARE HOME
OPERATORS, AND THE REGISTRATION OF CHURCH OR RELIGIOUS DAY CARE CENTERS, SO
AS
TO
Printed Page 4662 . . . . . Tuesday, June 6,
1995
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 CONSTITUTIONAL DEBT LIMIT FOR
POLITICAL
SUBDIVISIONS AND THAT PAYMENTS MADE BY THE STATE UNDER SUCH AN AGREEMENT
ARE
DEEMED GENERAL OBLIGATION DEBT
Printed Page 4663 . . . . . Tuesday, June 6,
1995
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 SUBMITTED AT SUBSEQUENT PAROLE HEARINGS EACH TIME THE
SUBMITTING PERSON PROVIDES A WRITTEN STATEMENT DECLARING THAT THE
INFORMATION
REPRESENTS THE
Printed Page 4664 . . . . . Tuesday, June 6,
1995
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 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
Printed Page 4665 . . . . . Tuesday, June 6,
1995
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 DEPARTMENTS OF OTHER STATES WHICH IS CLASSIFIED
AS
CONFIDENTIAL BY THAT ASSOCIATION OR STATE, PERMIT THE SOUTH CAROLINA
DEPARTMENT
OF INSURANCE TO SHARE
Printed Page 4666 . . . . . Tuesday, June 6,
1995
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
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
Printed Page 4667 . . . . . Tuesday, June 6,
1995
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 NONDISCLOSURE REQUIREMENTS FOR TAX RECORDS HELD
BY THE
DEPARTMENT OF REVENUE AND TAXATION, SO AS TO ALLOW REPORTING OF CERTAIN
INFORMATION WITH RESPECT
Printed Page 4668 . . . . . Tuesday, June 6,
1995
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.
(R100) S. 357 -- Senator McGill: AN ACT TO AMEND SECTION 12-21-780, AS AMENDED,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TOBACCO LICENSE TAX RETURNS,
SO AS TO CHANGE THE DUE DATE FROM THE TENTH TO THE TWENTIETH DAY OF THE
MONTH;
TO AMEND SECTION 12-36-30, RELATING TO DEFINITIONS FOR PURPOSES OF SALES AND USE
TAX, SO AS TO INCLUDE A LIMITED LIABILITY COMPANY WITHIN THE DEFINITION OF
"PERSON", AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO
SALES AND USE TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ON ELECTRICITY
USED
BY MANUFACTURERS, MINERS, OR QUARRIERS TO MANUFACTURE, MINE, OR QUARRY
TANGIBLE
PERSONAL PROPERTY FOR SALE TO
Printed Page 4669 . . . . . Tuesday, June 6,
1995
INCLUDE ELECTRICITY USED BY COTTON GIN OPERATORS, REVISE THE EXEMPTION
ALLOWED
PUBLICATIONS SOLD TO SCHOOLS, INSTITUTIONS OF HIGHER LEARNING, AND PUBLIC
LIBRARIES, SO AS TO EXTEND THE EXEMPTION TO BOOKS, NEWSPAPERS, AND ON-LINE
INFORMATION SYSTEMS, ALLOW THE EXEMPTION FOR SALES TO SCHOOL LIBRARIES, AND
PROVIDE THAT THE EXEMPTION APPLIES TO ANY EXEMPT ITEMS REGARDLESS OF FORM,
AND
TO DELETE A REDUNDANT REFERENCE.
(R101) S. 362 -- Senators Cork, Washington, Lander and Elliott: AN ACT TO AMEND
CHAPTER 5 OF TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE
3, SO AS TO CREATE A RESERVE DETENTION OFFICER PROGRAM, AND TO DESIGNATE
SECTIONS 24-5-10 THROUGH 24-5-170 AS ARTICLE 1, CHAPTER 5 OF TITLE 24, ENTITLED
"GENERAL PROVISIONS".
(R102) S. 368 -- Senator Land: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 9-8-125 SO AS TO AUTHORIZE A MEMBER OF THE
RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS WHO IS AT LEAST SIXTY-FIVE YEARS
OF
AGE AND ELIGIBLE TO RECEIVE RETIREMENT BENEFITS FROM THE RETIREMENT SYSTEM
FOR
MEMBERS OF THE GENERAL ASSEMBLY BUT FOR THE MEMBER'S CURRENT EMPLOYMENT
AS A
JUDGE OR SOLICITOR TO ELECT TO RECEIVE THESE BENEFITS; AND TO AMEND THE 1976
CODE BY ADDING SECTION 9-9-55 SO AS TO ALLOW A MEMBER OF THE GENERAL ASSEMBLY
SERVING ANY PART OF A YEAR TO ESTABLISH CREDIT FOR THE FULL YEAR UNDER THE
RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY BY PAYING THE FULL
ACTUARIAL COST OF THE SERVICE.
(R103) S. 375 -- Senators Jackson and Courtney: AN ACT TO AMEND SECTION 53-1-5,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONAPPLICABILITY OF THE
PROVISIONS OF CHAPTER 1 OF TITLE 53, AFTER THE HOUR OF 1:30 P.M. ON SUNDAY, SO
AS TO CORRECT A REFERENCE TO TREBLE INSTEAD OF TRIPLE DAMAGES; TO AMEND
SECTION
53-1-10, RELATING TO THE PROHIBITION TO OPERATE FOR PROFESSIONAL PURPOSES
ATHLETIC AND OTHER EVENTS
Printed Page 4670 . . . . . Tuesday, June 6,
1995
UNLESS A PERMIT OBTAINED FROM THE MUNICIPAL OR COUNTY COUNCIL, SO AS TO
PROVIDE
THAT WHEN A PERMIT IS GRANTED THE MUNICIPAL OR COUNTY GOVERNING BODY MAY,
BY
RESOLUTION, SUSPEND THE 1:30 P.M. OPENING HOUR AND ALLOW BUSINESSES TO OPERATE
AFTER THE HOUR OF 10:00 A.M. ON SUNDAY; TO AMEND SECTION 53-1-150, RELATING TO
THE NONAPPLICABILITY OF CHAPTER 1 OF TITLE 53, TO A COUNTY AREA WHICH COLLECTS
MORE THAN NINE HUNDRED THOUSAND DOLLARS IN REVENUES FROM THE
ACCOMMODATIONS, SO
AS TO PROVIDE THAT AFTER A COUNTY AREA HAS COLLECTED MORE THAN NINE HUNDRED
THOUSAND DOLLARS IN ONE FISCAL YEAR IN REVENUES FROM THE ACCOMMODATIONS
TAX THE
EXCLUSION FROM THE PROVISIONS OF CHAPTER 1 OF TITLE 53, WILL CONTINUE FROM YEAR
TO YEAR IRRESPECTIVE OF WHETHER THE REVENUE FALLS BELOW NINE HUNDRED
THOUSAND
DOLLARS IN SUBSEQUENT YEARS; AND TO AMEND THE 1976 CODE BY ADDING SECTION
53-1-160 SO AS TO PROVIDE THAT, IN ADDITION TO OTHER EXCEPTIONS PROVIDED BY
STATUTE, THE GOVERNING BODY OF A COUNTY MAY BY ORDINANCE SUSPEND THE
APPLICATION
OF THE SUNDAY WORK PROHIBITION UNDER CERTAIN CONDITIONS, INCLUDING A
REFERENDUM
IN WHICH A MAJORITY OF THE QUALIFIED ELECTORS OF THAT COUNTY FAVOR THE
CONTINUED
PROHIBITION ON SUNDAY WORK.
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