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 3610, May 14 | Printed Page 3630, May 14 |
Printed Page 3620 . . . . . Tuesday, May 14, 1996
vehicles registered or titled in this State shall allow Department department officials to examine all records of the company which pertain to payments made pursuant to the policies during normal working hours. A certificate of title for the vehicle may not again be issued except upon submission of an application containing the information required by the Department together with an official transfer form signed by the insurance company and any intermediate transferees, an affidavit from the rebuilder indicating that the total cost of repairing the vehicle including all labor and parts was estimated to be or actually was less than sixty percent of the fair market retail value of the vehicle along with any other data the Department prescribes. In addition, the Department may require the vehicle to undergo an inspection by a highway patrolman or someone authorized by the Department to check the identity and safety of the vehicle, for a fee not to exceed twenty-five dollars. Any certificate of title issued by the Department may be annotated to indicate that the vehicle sustained water or fire damage or that it cost more than sixty percent of the fair market retail value of the vehicle to repair it.

(D) Vehicles acquired by insurance companies as outlined above are exempt from ad valorem property taxes and inventory taxes, and the transfers of the vehicles to and from insurance companies exempt from sales taxes. Any person violating any provision of this section must, upon conviction, for a first offense, be fined not less than five hundred dollars or imprisoned not less than six months, or both, and for a second and each offense thereafter, the fine must be one thousand dollars or imprisonment for one year, or both.

(E) If a salvage vehicle is rebuilt, a regular certificate of title may not again be issued except upon submission of an application stating that the vehicle has been rebuilt and containing the information ordinarily required by the department for the issuance of a certificate of title as well as any information the department may require about the identity of the vehicle, the source and cost of any parts used in, and the extent of any repairs or other work done to, the vehicle. In addition, the department may require the vehicle to undergo an inspection by the Highway Patrol or someone authorized by the department to check the identity or the safety of the vehicle or both. Any regular certificate of title issued by the department for a previously salvaged vehicle must be annotated to show that the vehicle was `salvaged-rebuilt' and the reason why the vehicle was salvaged.

(F) The manufacturer's serial plate or vehicle identification number (VIN) plate must remain with the vehicle at all times until the vehicle is shredded, crushed, melted, or otherwise destroyed.

Printed Page 3621 . . . . . Tuesday, May 14, 1996
(G) For purposes of this section, a `wrecked vehicle,' a `salvage vehicle,' and a `vehicle declared to be a total loss' are all synonyms and are defined to be any motor vehicle which is damaged to the extent that the cost of repairing the motor vehicle, including both parts and reasonable market charges for labor, equal or exceed seventy-five percent of the fair market value of the motor vehicle. When an insurance company is involved, the fair market value of the vehicle must be determined as of the date immediately before the event which gave rise to the claim. When an insurance company is not involved, then the fair market value must be determined as of the last day on which the vehicle was lawfully operated on a public highway or the last day on which it was registered, whichever is later.

(H) A person violating any provision of this section is guilty of a misdemeanor and, upon conviction, for a first offense, must be fined not less than two nor more than five hundred dollars, or imprisoned for not more than thirty days, or both. For a second or subsequent offense, the fine must not be less than five hundred dollars and not more than one thousand dollars or imprisonment for not more than one year, or both."

SECTION . Section 56-19-650 of the 1976 Code is amended to read:

"Section 56-19-650. If an owner creates a security interest in a vehicle:

(1) The owner shall immediately shall execute the application, in the space provided therefor for on the certificate of title or on a separate form the department prescribes, to name the lienholder on the certificate, showing the name and address of the lienholder and the date of his security agreement, and cause the certificate, application and the required fee to be delivered to the lienholder.

(2) The lienholder shall immediately shall cause the certificate, application and the required fee to be mailed or delivered to the department.

(3) If the certificate of title is in the possession of a lienholder and a supplemental lien is created by the owner, any the subsequent lienholder shall secure the title from the first lienholder and forward to the department the required application and the title for perfecting his the lien, together with the required fee,. and the The department when satisfied that the application is in order shall procure the certificate of title from the lienholder in whose possession it is being held, for the sole purpose of perfecting the new lien thereon. Upon request of the Department, a lienholder in possession of the certificate of title shall forthwith deliver or mail such certificate to the Department. issue a new certificate of title containing the name and address of the new lienholder and mail the

Printed Page 3622 . . . . . Tuesday, May 14, 1996
certificate to the first lienholder named on it. The delivery of the certificate does not affect the rights of the first lienholder under his security agreement.

(4) Upon receipt of the certificate of title, application and the required fee, the Department shall issue a new certificate containing the name and address of the new lienholder, and mail the certificate to the first lienholder named in it."

SECTION . Section 56-23-10 of the 1976 Code, as last amended by Section 1494 of Act 181 of 1993, is further amended to read:

"Section 56-23-10. No person shall may engage in the business of training or educating persons to drive or operate motor vehicles, or offer such training or education, for which a fee or charge is made, unless and until such the person has obtained and holds a valid driver training school license therefor issued by the Department of Public Safety department. For purposes of this chapter, 'department' shall mean Department of Public Safety."

SECTION . Section 56-25-10 of the 1976 Code, as last amended by Section 1498 of Act 181 of 1993, is further amended to read:

"Section 56-25-10. The Nonresident Traffic Violator Compacts of 1972 and 1977 (compacts) are enacted into law by reference and entered into with all other jurisdictions legally joining therein. The director of the department shall execute all documents and perform all other acts necessary to carry out the provisions of the compacts. The department may promulgate regulations consistent with the provisions of this chapter and in accordance with the provisions of Chapter 23 of Title 1 (the Administrative Procedures Act).
The department shall maintain a current list of those jurisdictions which have entered into the compacts. Such The list and copies of the compacts shall from time to time be disseminated to those agencies and individuals who are responsible for enforcement of their provisions. For purposes of this chapter 'department' means Department of Public Safety."

SECTION . Section 56-25-20 of the 1976 Code is amended to read:

"Section 56-25-20. When a South Carolina court or the driver licensing authority of a compact jurisdiction notifies the department that a resident of South Carolina or person possessing a valid South Carolina driver's license has failed to comply with the terms of a traffic citation issued in this or any compact jurisdiction, the department shall may suspend or refuse to renew the person's driver's license if any such the notice from a South Carolina court or the driver licensing authority of a compact jurisdiction is received no more than five twelve months from the date on which the traffic citation was issued or adjudicated. The license must

Printed Page 3623 . . . . . Tuesday, May 14, 1996
remain suspended until satisfactory evidence has been furnished to the department of compliance with the terms of the citation and any further order of the court having jurisdiction in the matter and until a reinstatement fee as provided in Section 56-1-390 is paid to the department. A person whose license is suspended under this section is not required to file proof of financial responsibility as required by the Financial Responsibility Act (Chapter 9 of Title 56) as a condition for reinstatement.

Upon notification by a South Carolina court that a nonresident licensed in a compact jurisdiction has failed to comply with the terms of a traffic citation, the department shall notify the licensing authority in the compact jurisdiction for such action as appropriate under the terms of the compacts."

SECTION . Section 56-28-10(4) and (5) of the 1976 Code are amended to read:

"(4) `Motor vehicle' means a private passenger motor vehicle, as classified by Section 56-3-630, but excluding the living portion of recreational vehicles, trucks with a gross vehicle weight over six thousand pounds and off road vehicles, which is sold and registered in this State.

(5) A `new motor vehicle' means a private passenger motor vehicle which has been sold to a new motor vehicle dealer by a manufacturer and which has not been used for other than demonstration purposes and on which the original title has not been issued from the new motor vehicle dealer."

SECTION . Section 56-29-20(5) of the 1976 Code, as last amended by Section 1500 of Act 181 of 1993 is further amended to read:

"(5) `Vehicle identification number' means a number, a letter, a character, a datum, a derivative, or a combination thereof, used by the manufacturer or the Motor Vehicle Division of the Department of Revenue and Taxation department for the purpose of uniquely identifying a motor vehicle or motor vehicle part."

SECTION . Section 56-29-50(E)(1), (I), and (M) of the 1976 Code, as last amended by Section 1501 of Act 181 of 1993, are further amended to read:

"(1) The circuit solicitor shall give notice of the forfeiture proceeding by mailing a copy of the complaint in the forfeiture proceeding to each person whose right, title, or interest is of record in the Motor Vehicle Division of the Department of Revenue and Taxation, at the department or any other department of the State, or any other state or territory of the United States, or of the federal government if the property is required to be registered in the department.

Printed Page 3624 . . . . . Tuesday, May 14, 1996
(I) No motor vehicle or motor vehicle part may be forfeited under this section solely on the basis that it is unidentifiable. Instead of forfeiture, any seized motor vehicle or motor vehicle part which is unidentifiable must be the subject of a written report sent by the seizing agency to the Motor Vehicle Division of the Department of Revenue and Taxation, department which report must include a description of the motor vehicle or motor vehicle part, its color, if any, the date, time, and place of its seizure, the name of the person from whose possession or control it was seized, the grounds for its seizure, and the location where it is held or stored.

(M) When an applicant for a certificate of title or salvage certificate presents to the Motor Vehicle Division of the Department of Revenue and Taxation department proof that the applicant purchased or acquired a motor vehicle at the public sale conducted pursuant to this section and that fact is attested to by the seizing agency, the division shall issue a certificate of title, or salvage certificate for the motor vehicle upon receipt of the statutory fee, properly executed application for a certificate of title, or other certificate of ownership, and the affidavit certification of the seizing agency that a state-assigned number was applied for and affixed to the motor vehicle prior to the time that the motor vehicle was released by the seizing agency to the purchaser."

SECTION . Section 56-31-50 (C), (D), and (E) of the 1976 Code, as last amended by Section 1502 of Act 181 of 1993, are further amended to read:

"(C) On February fifteenth of each year all rental companies engaged in the business of renting private passenger motor vehicles which collect surcharges pursuant to this section shall file a report with the Department of Revenue and Taxation department stating the total amount of South Carolina personal property taxes on private passenger motor vehicles paid in the previous calendar previous calendar year, the total amount of private passenger motor vehicle rental revenues earned on rentals in South Carolina for the previous calendar year, and the amount by which the total amount of the surcharges for the previous year exceeds the total amount of personal property taxes on private passenger motor vehicles paid for the previous calendar year. All surcharge revenues collected in excess of the total amount of personal property taxes on private passenger motor vehicles must be remitted to the Department of Revenue and Taxation State Treasurer's Office for deposit in the state general fund.

(D) Any rental company which makes a false report to the Department of Revenue and Taxation department with the intent to misrepresent the amount of personal property taxes on private passenger motor vehicles

Printed Page 3625 . . . . . Tuesday, May 14, 1996
paid or the amount of surcharges collected is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding one thousand dollars or by a term of imprisonment not exceeding one year or both. Each violation constitutes a separate offense.

(E) The South Carolina Department of Revenue and Taxation shall promulgate those regulations necessary to implement the provisions of this section and shall provide the necessary forms to meet the filing requirements of this section."

SECTION .A. Chapter 31 of Title 12, Sections 12-4-400, 12-4-410, 12-37-2740, 20-7-947, 23-6-10(3), 23-6-200, 56-1-225(b), 56-1-410, 56-1-520, 56-1-530, 56-1-550, 56-1-560, 56-1-830, 56-1-840, 56-1-1120, 56-1-1340, 56-1-3390, 56-3-20(21), 56-3-251, 56-3-420, 56-3-880, 56-3-1010(3), 56-3-1160, 56-3-1950(1), 56-3-2410, 56-3-2500, 56-3-2670, 56-3-2750, 56-5-370, 56-5-2960, 56-5-5015(L), 56-5-5610, 56-5-5680, 56-5-5830, 56-5-5860, 56-5-5930, 56-5-6180, 56-9-20(1), 56-9-20(2), 56-9-310, 56-10-210(3), 56-10-290, 56-10-300, 56-15-10(r), 56-15-360, 56-16-10(r), 56-16-190, 56-19-10(5), 56-19-30, 56-27-10(c), 38-73-456 and 38-77-175 of the 1976 Code are repealed.

B. For each item repealed in subsection A., the Code Commissioner shall renumber all existing items as may be necessary to conform the remaining items in each existing section./

Renumber sections to conform.

Amend title to conform.

Rep. TOWNSEND explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

S. 1345--MOTION TO RECONSIDER TABLED

The motion of Rep. KNOTTS to reconsider the vote whereby the following Bill was given a third reading was taken up.

S. 1345 -- Senator McConnell: A BILL TO AMEND SECTION 54-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE HUNLEY COMMISSION IS EXEMPT FROM THE STRICTURES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR PURPOSES OF THE HUNLEY PROJECT, AND TO PROVIDE THAT THE HUNLEY COMMISSION IS PROHIBITED FROM RELINQUISHING SOUTH CAROLINA'S

Printed Page 3626 . . . . . Tuesday, May 14, 1996
CLAIM OF TITLE TO THE HUNLEY UNLESS PERPETUAL SITING OF THE SUBMARINE IN SOUTH CAROLINA IS ASSURED BY THE FEDERAL GOVERNMENT IN AN AGREEMENT.

Rep. KNOTTS moved to table the motion to reconsider, which was agreed to.

S. 913--RECALLED FROM THE COMMITTEE ON WAYS AND MEANS

On motion of Rep. HARRELL, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.

S. 913 -- Senators Passailaigue, Ford, McConnell, Reese, Washington and Rose: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, 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.

OBJECTION TO RECALL

Rep. NEAL asked unanimous consent to recall S. 947 from the Committee on Education and Public Works.

Rep. YOUNG-BRICKELL objected.

OBJECTION TO RECALL

Rep. KNOTTS asked unanimous consent to recall S. 739 from the Committee on Judiciary.

Rep. SCOTT objected.

H. 3170--DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the Senate amendments to the following Joint Resolution until Wednesday, May 15, which was adopted.

H. 3170 -- Reps. Govan, Simrill, Inabinett, Lloyd and Hines: A JOINT RESOLUTION TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO INCUR A LIMITED AMOUNT OF DEBT FOR A PERIOD NOT TO EXCEED EIGHT MONTHS FOR THE STATE HOUSE RENOVATION PROJECT AND TO REQUIRE THAT THE DEBT BE RETIRED FROM APPROPRIATIONS AUTHORIZED FOR THE STATE HOUSE RENOVATION PROJECT IN FISCAL YEAR 1996-97.

Printed Page 3627 . . . . . Tuesday, May 14, 1996
H. 4737--SENATE AMENDMENTS CONCURRED IN

AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration:

H. 4737 -- Reps. Chamblee, Lanford, Kirsh, Harrison, Wofford and Trotter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-425 SO AS TO REQUIRE APPROVAL BY THE STATE BUDGET AND CONTROL BOARD FOR REQUESTS FOR INFORMATION TECHNOLOGY EQUIPMENT AND SERVICES, TO PROVIDE CRITERIA FOR APPROVAL, AND TO ESTABLISH THE INFORMATION TECHNOLOGY ADVISORY COUNCIL TO ASSIST THE BOARD; TO ADD SECTION 59-7-70 SO AS TO REQUIRE THE TRANSFER OF TRANSMISSION AND RECEPTION EQUIPMENT PURCHASED BY SOUTH CAROLINA EDUCATIONAL TELEVISION FOR SCHOOLS TO THE SCHOOL DISTRICTS; TO ADD SECTION 59-7-80 SO AS TO PROVIDE REQUIREMENTS THAT THE SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION MUST SATISFY TO COMPLY WITH SUNSET REVIEW RECOMMENDATIONS; TO AMEND SECTION 59-7-10, AS AMENDED, RELATING TO THE SCETV COMMISSION, SO AS TO FURTHER DELINEATE CRITERIA FOR MEMBERS; AND TO AMEND SECTION 59-7-20, RELATING TO ADVISORY COMMITTEES OF THE SCETV COMMISSION, SO AS TO REVISE THE ADVISORY COMMITTEE STRUCTURE, TO DIRECT THE SCETV COMMISSION, WITH THE STATE DEPARTMENT OF EDUCATION, TO CONDUCT A STUDY TO EVALUATE THE EFFECTIVENESS OF INSTRUCTIONAL TELEVISION, AND TO PROVIDE THAT THE SCETV COMMISSION IS REAUTHORIZED UNDER SECTION 1-20-60.

Rep. KIRSH explained the Senate amendments.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

Printed Page 3628 . . . . . Tuesday, May 14, 1996
H. 3915--DEBATE ADJOURNED

The Senate amendments to the following Bill were taken up for consideration.

H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 59-103-90 RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA.

Rep. FELDER moved to adjourn debate upon the Senate amendments until Wednesday, May 15.

Printed Page 3629 . . . . . Tuesday, May 14, 1996
Rep. SEITHEL moved to table the motion, which was not agreed to.

The question then recurred to the motion to adjourn debate, which was agreed to by a division vote of 43 to 15.

SPEAKER IN CHAIR

H. 4961--DEBATE ADJOURNED

Rep. RICHARDSON moved to adjourn debate upon the following Concurrent Resolution until Wednesday, May 15, which was adopted.

H. 4961 -- Reps. Keyserling, Richardson, White, Inabinett, McTeer and Lloyd: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF HIGHWAY 17 IN BEAUFORT AND COLLETON COUNTIES THE "W. BRANTLEY HARVEY HIGHWAY" FOR FORMER LIEUTENANT GOVERNOR W. BRANTLEY HARVEY, JR., AND HIS LATE FATHER, SENATOR WILLIAM BRANTLEY HARVEY, SR., AND FURTHER REQUESTING THE DEPARTMENT TO INSTALL APPROPRIATE MARKERS OR SIGNS.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 14, 1996
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 1:00 P.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. SCOTT the invitation was accepted.

HOUSE TO MEET AT 11:00 A.M. TOMORROW

Rep. HASKINS moved that when the House adjourns it adjourn to meet at 11:00 A.M. tomorrow, which was agreed to.

MOTION ADOPTED

Rep. HASKINS moved that the House stand at ease until the Ratification of Acts, and upon completion, the House stand adjourned, which was agreed to.

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