Journal of the House of Representatives
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 3510, May 14 | Printed Page 3530, May 14 |
Printed Page 3520 . . . . . Tuesday, May 14, 1996
"Section 12-37-2725. When the title to a licensed vehicle is transferred, or the owner of the vehicle becomes a legal resident of another state and registers the vehicle in the new state of residence, the license plate and registration certificate issued the transferor may be returned for cancellation. The license plate and registration certificate must be delivered to the auditor of the county of the vehicle's registration and tax payment. A request for cancellation must be made in writing to the auditor upon forms approved by the Department of Revenue and Taxation Public Safety. The auditor, upon receipt of the license plate, registration certificate, and the request for cancellation, shall order and the treasurer shall issue a credit or refund of property taxes paid by the transferor on the vehicle. The amount of the refund of or credit is that proportion of the tax paid that is equal to that proportion of the complete months remaining in that tax year. The auditor, within five days thereafter, shall deliver the license plate, registration certificate, and the written request for cancellation to the Department of Revenue and Taxation Public Safety. Upon receipt, the department Department of Public Safety shall cancel the license plate and registration certificate and may not reissue the same."

SECTION . Section 12-37-2727 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 12-37-2727. The provisions of Section 12-37-2750 further apply to license plates and registration certificates issued and unassigned by the Department of Revenue and Taxation to a motor vehicle between September 4, 1984, and April 29, 1985. In the event an issued and unassigned license plate or registration certificate was lost, destroyed, or delivered to the Department of Revenue and Taxation Public Safety, the owner shall present proof thereof to the county auditor along with the request for cancellation. The auditor, upon receipt of the cancellation request and the license plate, registration certificate, or the proof of loss of the same, must order the refund of the tax. The auditor must forward to the Department of Revenue and Taxation Public Safety the request for cancellation, the license plate and the registration certificate, or the proof of the same being lost, destroyed, or delivered to the department Department of Public Safety. The department Department of Public Safety upon receipt thereof shall cancel the license plate and registration."

SECTION . Section 12-43-220(b) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(b) All inventories of business establishments shall be taxed on an assessment equal to six percent of the fair market value of such property and all power driven farm machinery and equipment except motor vehicles registered with the South Carolina Department of Revenue and Taxation

Printed Page 3521 . . . . . Tuesday, May 14, 1996
Public Safety owned by farmers and used on agricultural lands as defined in this article shall be taxed on an assessment equal to five percent of the fair market value of such property; provided, that all other farm machinery and equipment and all livestock and poultry shall be exempt from ad valorem taxes."

SECTION . Section 12-43-300(A) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(A) Whenever the market value estimate of any property is fixed by the assessor at a sum greater by one thousand dollars or more than the amount returned by the owner or his agent, or whenever any property is valued and assessed for taxation which has not been returned or assessed previously, the assessor shall, on or before July first, or as soon thereafter as may be practicable, in the year in which the valuation and assessment is made give written notice thereof to the owner of the property or his agent. In reassessment years, the written reassessment notice to owners or agents must be given by July first. If there is no timely written notice, the prior year's assessed value must be the basis for assessment for the current taxable year. The notice must include the prior market value, the total market value estimate, the value estimate if applicable, the assessment ratio, the total new assessment, the percentage changes over the prior market value, if there is no change in use or physical characteristics of the property, number of acres or lots, location of property, tax map, appeal procedure, and other pertinent ownership and legal description data required by the South Carolina Department of Revenue and Taxation. The notice may be served upon the owner or his agent personally or by mailing it to the owner or his agent at his last known place of residence which may be determined from the most recent listing in the applicable telephone directory, Department of Revenue and Taxation Public Safety Motor Vehicle Registration List, county treasurer's records, or official notice from the property owner or his agent. The owner or his agent, if he objects to the valuation and assessment, shall serve written notice of his objection upon the assessor within thirty days of the date of the mailing of the notice. In years when there is no notice of appraisal because of a less than one thousand dollar change or no change in the appraised or assessed value, the owner or agent has until March first to serve written notice of objection upon the assessor of the appraised or assessed value. In those years, failure to serve written notice of objection by March first constitutes a waiver of the owner's right of appeal for that tax year and the assessor is not required to review any request filed after March first. The assessor shall then schedule a conference with the owner or agent within twenty days of receipt of the

Printed Page 3522 . . . . . Tuesday, May 14, 1996
notice. If the assessor requests it, the owner, within thirty days after the conference, shall complete and return to the assessor the form as may be approved by the Department of Revenue and Taxation relating to the owner's property and the reasons for his objection. Within thirty days after the conference, or as soon thereafter as practicable, the assessor shall mail written notice of his action upon the objection to the owner. The owner or agent, if still aggrieved by the valuation and assessment, may appeal from the action to the Board of Assessment Appeals by giving written notice of the appeal and the grounds thereof to the assessor within thirty days from the date of the mailing of the notice. The assessor shall notify promptly the Board of Assessment Appeals of the appeal."

SECTION . The third paragraph of Section 12-45-70 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"The county official charged with the collection of taxes shall send a list of the institutions collecting the taxes to the Department of Revenue and Taxation Public Safety. Each institution shall certify to the department Department of Public Safety that the taxes have been paid, and the department Department of Public Safety may accept certification in lieu of the tax receipt given to the taxpayer if that certification contains the information required in Section 12-37-2650."

SECTION . The first sentence of Section 12-49-225 of the 1976 Code, as last amended by Act 506 of 1994, is further amended to read:

"When a mobile or manufactured home is levied on for taxes by the delinquent tax collector, before proceeding to advertise for sale, the delinquent tax collector shall give twenty days' written notice of the levy to the lienholders contained on the certificate of title held issued by the Department of Revenue and Taxation Public Safety."

SECTION . Section 12-49-271 of the 1976 Code, as last amended by Act 506 of 1994, is further amended to read:

"Section 12-49-271. When the delinquent tax collector receives from the county treasurer a list of delinquent taxpayers pursuant to Section 12-49-225 and the list includes mobile or manufactured homes on which to levy, the delinquent tax collector shall forward to the Department of Revenue and Taxation Public Safety a form substantially as set out below requesting the name and address of all lienholders shown on the certificate of title. The delinquent tax collector shall not advertise the sale of property without a return of this form:

`To the Department of Revenue and Taxation Public Safety:

I have been instructed by the county treasurer to levy and sell the following personal property:

Printed Page 3523 . . . . . Tuesday, May 14, 1996
Please provide me with the lienholders' names and addresses as shown on the certificate of title:

NAME:

ADDRESS:

DESCRIPTION OF COLLATERAL:

I.D. NUMBER:

LIENHOLDER:

LIENHOLDERS' ADDRESS:' "

SECTION . The second paragraph in Section 12-49-290 of the 1976 Code, as last amended by Act 506 of 1994, is further amended to read:

"For liens created before January 1, 1995, the right, interest, and security of a lienholder who has filed his security interest with the Department of Revenue and Taxation and which security interest is shown on the certificate of title must in no way be affected by a tax sale made pursuant to this chapter unless the provisions of Section 12-49-225 are complied with."

SECTION . Section 12-49-310(A) of the 1976 Code, as last amended by Act 506 of 1994, is further amended to read:

"(A) When a mobile or manufactured home is levied on for taxes by the delinquent tax collector, before proceeding to advertise the home for sale as provided by law, he shall give twenty days' written notice of the levy to the holder of each lien identified on the forms provided to the auditor of the county pursuant to Section 12-49-315 for liens created after December 31, 1994, and to the lienholders contained on the certificate of title held issued by the South Carolina Department of Revenue and Taxation, Division of Motor Vehicles Public Safety, for liens created before January 1, 1995. The notice must contain a description of the home levied on, name of the owner of the home, the year for which the taxes were assessed, and a statement of the amount of the taxes with the accrued costs and must be delivered to the lienholder either personally or by certified mail with the return receipt requested to the address obtained by the county pursuant to either Section 12-49-315 or Section 12-49-225."

SECTION . Section 12-49-330 of the 1976 Code, as last amended by Act 506 of 1994, is further amended to read:

"Section 12-49-330. For liens created after December 31, 1994, the rights, interest, and security of any lienholder, who has filed his security interest with the Department of Revenue and Taxation, Division of Motor Vehicles, which security interest is shown on the certificate of title, is in no way affected by a tax sale made pursuant to this chapter unless there has been compliance with the provisions of Section 12-49-310."

Printed Page 3524 . . . . . Tuesday, May 14, 1996
SECTION . Section 12-54-240(B)(7) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(7) submission of taxpayer names, home addresses, and social security numbers to the State Election Commission and Department of Revenue and Taxation Public Safety to effect the purposes of Section 14-7-130."

SECTION . Section 14-7-130 of the 1976 Code is amended to read:

"Section 14-7-130. In November of every year, the Department of Revenue and Taxation Public Safety shall furnish the State Election Commission a computer tape of the name, address, date of birth, social security number, sex, and race of persons who are over the age of eighteen years and citizens of the United States residing in each county who hold a valid South Carolina driver's license or an identification card issued pursuant to Section 57-3-910. In December of every year, the State Election Commission shall furnish a jury list to county jury commissioners consisting of a tape or list derived by merging the list of registered voters in the county with county residents appearing on the tape furnished by the department, but only those licensed drivers and identification cardholders who are eligible to register to vote may be included in the list. Prior to furnishing the list, the commission shall make every effort to eliminate duplicate names and names of persons disqualified from registering to vote or voting pursuant to the laws and Constitution of this State. As furnished to the jury commissioners by the State Election Commission, the list or tape constitutes the roll of eligible jurors in the county. Expenses of the Department of Revenue and Taxation Public Safety and State Election Commission in implementing this section must be borne by these agencies."

SECTION . Section 15-9-350 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 15-9-350. The acceptance by a nonresident of the rights and privileges conferred by the laws in force in this State permitting the operation of motor vehicles, as evidenced by the operation of a motor vehicle by such nonresident on the public highways, the streets of any incorporated municipality or the public roads of this State or anywhere within this State, or the operation by such nonresident of a motor vehicle on any such public highways, streets or public roads or anywhere within the State other than as so permitted or regulated shall be deemed equivalent to the appointment by such nonresident of the Director of the Department of Revenue and Taxation Public Safety or of his successor in office to be his true and lawful attorney upon whom may be served all summons or other lawful process in any action or proceeding against him growing out of any accident or collision in which such nonresident may

Printed Page 3525 . . . . . Tuesday, May 14, 1996
be involved by reason of the operation by him, for him or under his control or direction, express or implied, of a motor vehicle on such public highways, streets or public roads or anywhere within this State. Such acceptance or operation shall be a signification of his agreement that any such process against him shall be of the same legal force and validity as if served on him personally."

SECTION . Section 15-9-360 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 15-9-360. The acceptance by a nonresident motor carrier of the rights and privileges conferred by the laws now or hereafter in force in this State, permitting the operation of motor vehicles as evidenced by the operation of a motor vehicle by such nonresident either personally or through an agent or employee on the public highways in this State, or the operation of such nonresident either personally or through an agent, lessee, or employee, of a motor vehicle on the public highways of this State other than as so permitted or regulated, shall be deemed equivalent to the appointment by such nonresident motor carrier of the Director of the Department of Revenue and Taxation Public Safety, or his successor in office, to be his true and lawful attorney and the attorney of his executor or administrator, upon whom may be served all summonses or other lawful process or notice in any action, assessment proceeding, or other proceeding against him or his executor or administrator, arising out of or by reason of any provisions in Chapter 31 of Title 12 relating to such vehicle or relating to the liability for tax with respect to operation of such vehicle on the highways of this State. Said acceptance Acceptance or operation shall be a signification by such nonresident motor carrier of his agreement that any such process against or notice to him or his executor or administrator shall be of the same legal force and validity as if served on him personally or on his executor or administrator. All of the provisions of Sections 15-9-370, 15-9-380, and 15-9-350 shall be applicable with respect to the service of process or notice pursuant to this section."

SECTION . Section 15-9-370 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 15-9-370. Service of process upon the Director of the Department of Revenue and Taxation Public Safety, as agent of a: (a) nonresident driver under the provisions of Section 15-9-350; (b) resident driver who subsequently becomes a nonresident; (c) nonresident motor carrier under the provisions of Section 15-9-360; or (d) nonresident unregulated motor carriers engaged in transporting persons, hauling farm or dairy products, hauling any other perishable products or haulers of

Printed Page 3526 . . . . . Tuesday, May 14, 1996
lumber or logs, shall be made by leaving a copy thereof, with a fee of four dollars an appropriate fee, in the hands of the Director of the Department of Revenue and Taxation Public Safety or his office and such service shall be sufficient service upon the nonresident if notice of the service and a copy of the process are forthwith sent by certified mail by the plaintiff or the Director of the Department of Revenue and Taxation Public Safety to the defendant and the defendant's return receipt and the plaintiff's affidavit of compliance herewith are appended to the summons or other process and filed with the summons, complaint and other papers in the cause. The Director of the Department of Revenue and Taxation Public Safety shall keep a record of all processes which shall show the day and hour of service upon him. When the certified return receipt shall be returned to the Director of the Department of Revenue and Taxation Public Safety, he shall deliver it to the plaintiff on request and keep a record showing the date of its receipt by him and its delivery to the plaintiff."

SECTION . Section 16-17-680(D) of the 1976 Code, as last amended by Act 105 of 1993, is further amended to read:

"(D) For purposes of this section, the only identification acceptable is:

(1) a valid South Carolina driver's license;

(2) South Carolina identification card issued by the Department of Highways and Public Transportation Public Safety;

(3) a valid driver's license from another state that contains the licensee's picture on the face of the license; or

(4) a valid military identification card."

SECTION . Section 17-5-130(B) and (F) of the 1976 Code, as added by Act 307 of 1994 are amended to read:

"(B) Each person serving as coroner in his first term is required to complete a basic training session to be determined by the South Carolina Law Enforcement Training Council (council) Department of Public Safety. This basic training session must be completed no later than the end of the calendar year following his election as coroner. A person appointed to fill the unexpired term in the office of coroner must complete a basic training session to be determined by the council department within one calendar year of the date of appointment. This section shall not be construed to require an individual to repeat the basic training session if he has successfully completed the session prior to his election or appointment as coroner. A coroner who is unable to attend this training session when offered because of an emergency or extenuating circumstances shall, within one year from the date the disability or cause terminates, complete

Printed Page 3527 . . . . . Tuesday, May 14, 1996
the standard basic training session required of coroners. A coroner who does not fulfill the obligations of this subsection is subject to suspension by the Governor until the coroner completes the training session.

(F) The South Carolina Law Enforcement Training Council Director of the Department of Public Safety must appoint a Coroners Training Advisory Committee to assist in the determination of training requirements for coroners and deputy coroners. The committee shall consist of no fewer than five coroners and at least one physician trained in forensic pathology as recommended by the South Carolina Coroners Association. The members of the committee shall serve without compensation."

SECTION . Section 19-5-30 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 19-5-30. Photostatic, optical disk, or certified copies of motor vehicle registration applications, registrations, notices of cancellation, suspensions or revocations, reports of violations and documents pertaining to the motor vehicle safety responsibility laws of this State, when certified by the Deputy Director of the Motor Vehicle Records Vehicle Inspection Division of the director of the Department of Public Safety , or his designee, as true copies of originals, on file with the Department of Public Safety, shall be admissible in any proceedings in any court in like manner as the original thereof."

SECTION . Section 20-7-944 of the 1976 Code, as last amended by Act 102 of 1995, is further amended to read:

"Section 20-7-944. In the manner and form prescribed by the division, all All licensing entities monthly shall provide the division information on licensees for use in the establishment, enforcement, and collection of child support obligations including but not limited to:

(1) name;

(2) address of record;

(3) social security number;

(4) employer's name and address;

(5) type of license;

(6) effective date of license or renewal;

(7) expiration date of license;

(8) active or inactive license status.

If the information is in the licensing entity's records. The information must be submitted in the form maintained by the licensing entity, unless otherwise agreed upon by the licensing entity."

SECTION . Section 20-7-945(H) and (L) of the 1976 Code, as added by Section 2, Part VI, Act 102 of 1995, are amended to read:

Printed Page 3528 . . . . . Tuesday, May 14, 1996
"(H) Upon notice of the revocation the licensee may appeal the licensing entity's action under the Administrative Procedures Act. However, on appeal the licensee is limited to the issues of whether the licensee is the individual required to pay under the order for support and whether the licensee is out of compliance with the order of support. An appeal from the decision of the licensing entity may be taken as any other appeal from a decision of the licensing entity. Review with the Division under this section is the licensee's sole remedy to prevent revocation of his or her license. The licensee has no right to appeal the revocation with the licensing entity.

(L) If a license is revoked under this section, the licensing entity is not required to refund any fees paid by a licensee in connection with obtaining or renewing a license, and any fee required to be paid to the licensing entity for reinstatement after a license revocation applies. The division will indemnify the applicable licensing entity from any consequences that may result from the revocation of the licensee's license."

SECTION . Section 23-6-20 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 23-6-20. (A) The Department of Public Safety is established as an administrative agency of state government which is comprised of a Motor Vehicle Records and Vehicle Inspection Division, a South Carolina Highway Patrol Division, a South Carolina State Police Division, a Division of Public Safety, and a Division of Training and Continuing Education.

(B) The functions, powers, duties, responsibilities, and authority statutorily exercised by the following offices, sections, departments, or divisions of the following state agencies as existing on the effective date of this act are transferred to and devolved on the department to include the South Carolina Highway Patrol, the Drivers Training Schools within the Department of Licensing of the Division of Motor Vehicles, the Driver Records Section within the Division of Motor Vehicles, the Financial Responsibility Section within the Division of Motor Vehicles, the Reciprocity Office of the Registration and Reciprocity Section within the Division of Motor Vehicles, the Vehicle Inspection Section within the Division of Motor Vehicles, the Administrative Services Section of the Division of Motor Vehicles, the Motor Vehicle Sections transferred to the Department of Revenue and Taxation pursuant to Act Number 181 of 1993, and the Safety Office Section of the Division of Finance and Administration of the South Carolina Department of Highways and Public Transportation; the Safety Enforcement Officers of the Office of Enforcement within the Transportation Division of the South Carolina

Printed Page 3529 . . . . . Tuesday, May 14, 1996
Public Service Commission, and the Governor's Office of Public Safety, together with all assets, liabilities, records, property, personnel, unexpended appropriations, and other funds shall be transferred to the control of the Department of Public Safety department. All rules, regulations, standards, orders, or other actions of these entities shall remain in effect unless specifically changed or voided by the department in accordance with the Administrative Procedures Act, or otherwise provided."

SECTION . Section 23-6-30(3) and (10) of the 1976 Code, as last amended by Act 181 of 1993, are further amended to read:

"(3) title and register motor vehicles; license motor vehicle operator's; administer the collection of license, registration, titling and other fees; maintain an automated system for the storage and retrieval of all drivers licensing motor vehicle and motor vehicle operator records, including vehicle and registration and operator licensing, violations and accidents;

(10) disperse any grant funds made available to the department for purposes and in the manner provided for in this chapter receive and disburse funds and grants, including any donations, contributions, funds, grants, or gifts from private individuals, foundations, agencies, corporations, or the state or federal governments for the purpose of carrying out the programs and objectives of this chapter; and"

SECTION . Section 23-6-50 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding a paragraph at the end to read:

"Notwithstanding any other provision of law, all revenue generated by the department from the sale of vehicles, various equipment, less the cost of disposition incurred by the Budget and Control Board Division of Operations, gasoline and insurance claims, during the prior fiscal year may be retained and carried forward into the current fiscal year and expended for the purpose of purchasing like items. Any unexpended balance on June 30 of the prior fiscal year authorized to be expended or used for any federal grant program may be retained and carried forward to the current fiscal year an used for matching committed or unanticipated grant funds, or both."

SECTION . Chapter 6, Title 23 of the 1976 Code is amended by adding:

"Section 23-6-90. The Department may employ, equip, and provide such officers as may be necessary to maintain the security of the Governor's Mansion Compound, and other governmental facilities, including the State Capital Building, the facilities of the Capital Complex and other state buildings. The Director must determine the most efficient

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