Journal of the Senate
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 397, June
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Printed Page 3980 . . . . . Thursday, June 1,
1995
Having received a favorable report from the Horry County
Delegation, the following appointments were confirmed in open session:
Reappointments, Horry County Magistrates, with terms to commence April 30,
1995, and to expire April 30, 1999:
Honorable Rebecca S. Lovelace, 503 Lakewood Avenue, Conway, S.C. 29526
Honorable Tillmond E. Williams, 3880 Tillmond Drive, Conway, S.C. 29526
Honorable Dennis Earl Phipps, 1201 21st Avenue North, Myrtle Beach, S.C.
29577
Initial Appointment, Horry County Magistrate, with term to commence April 30,
1995, and to expire April 30, 1999:
Mr. G. Derek Blanton, 201-L 1356 Glenn's Bay Road, Surfside Beach, S.C.
29575 VICE Carolyn R. Hills
Having received a favorable report from the Spartanburg County Delegation, the
following appointments were confirmed in open session:
Reappointments, Spartanburg County Magistrates, with terms to commence
April 30, 1995, and to expire April 30, 1999:
Honorable Eber Charles Gowan, Jr., Post Office Box 37, Reidville, S.C. 29375
Honorable Edward H. Overcash, Jr., 166 Gordon Drive, Spartanburg, S.C. 29301
Honorable Kenneth H. Dover, Post Office Box 642, Inman, S.C. 29349
Honorable Joseph T. Petty, Post Office Box 128, Landrum, S.C. 29356
Honorable James B. Paslay, 803 Lucerne Drive, Spartanburg, S.C. 29302
Honorable Robert B. Hall, 151 Oakwood Drive, Woodruff, S.C. 29388
Honorable Georgia V. Anderson, 204 South Fairview Avenue, Spartanburg, S.C.
29302
Honorable James Freeman Ashmore, 302 Five Oaks Drive, Landrum, S.C. 29356
Honorable Vicki Rae M. Smith, 1074 Cross Anchor Road, Woodruff, S.C.
29388
Printed Page 3981 . . . . . Thursday, June 1,
1995
Initial Appointments, Spartanburg County Magistrates, with
terms to commence April 30, 1995, and to expire April 30, 1999:
Mr. Harold W. Pryor, 1257 Boiling Springs Road, Spartanburg, S.C. 29303 VICE
Larry M. Hutchins
Mr. Larry Madison Hutchins, 767 California Avenue, Spartanburg, S.C. 29303
VICE William Andrew Hughes
Honorable Carolyn B. Waddell, 155 Brewton Road, Moore, S.C. 29369 VICE Rubye
K. Calhoun
Honorable Donnie Blackley, 236 St. Matthews Lane, Spartanburg, S.C. 29301
VICE Warren H. Sullivan
Having received a favorable report from the Richland County Delegation, the
following appointments were confirmed in open session:
Reappointments, Richland County Magistrates, with terms to commence April
30, 1995, and to expire April 30, 1999:
Honorable Donald Jeffrey Simons, Post Office Box 762, Eastover, S.C. 29044
Honorable Clemon L. Stocker, 135 American Avenue, Hopkins, S.C. 29061
MOTION ADOPTED
On motion of Senator WALDREP, with unanimous consent, the Senate stood
adjourned out of respect to the memory of Mr. Jack W. Barnes of Anderson County,
S.C.
ADJOURNMENT
At 5:00 P.M., on motion of Senator MOORE, the Senate adjourned to meet on
Friday, June 2, 1995, for local and uncontested matters which have the unanimous
consent of the members of the delegation affected by the legislation, in
accordance with the provisions of the Sine Die Resolution, H. 4239.
* * *
Printed Page 3982 . . . . . Friday, June 2,
1995
Friday, June 2, 1995
(Local Session)
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was
called to order by the ACTING PRESIDENT, Senator COURSON.
ORDERED ENROLLED FOR RATIFICATION
The following Joint Resolution was read the third time and having received
three readings in both Houses, it was ordered that the title be changed to that
of an Act and enrolled for Ratification:
H. 4231 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT
RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND
ENVIRONMENTAL
CONTROL, RELATING TO EMERGENCY MEDICAL SERVICES, DESIGNATED AS REGULATION
DOCUMENT NUMBER 1848, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE
1 OF THE 1976 CODE.
(By prior motion of Senator MOORE, with unanimous consent)
SECOND READING BILL
The following Bill having been read the second time was ordered placed on the
third reading Calendar:
S. 906 -- Senator Land: A BILL TO PROVIDE THAT THE SUPERINTENDENT OF ANY SCHOOL
DISTRICT LOCATED IN CLARENDON COUNTY SERVING AS AN EX OFFICIO MEMBER OF A
VOCATIONAL SCHOOL BOARD SHALL SERVE AS A VOTING MEMBER OF SUCH BOARD.
(By prior motion of Senator LAND)
ADJOURNMENT
At 12:15 P.M., on motion of Senator WILSON, the Senate adjourned to meet on
Monday, June 5, 1995, for local and uncontested matters which have the unanimous
consent of the members of the delegation affected by the legislation, in
accordance with the provisions of the Sine Die Resolution, H. 4239.
Printed Page 3983 . . . . . Monday, June 5,
1995
Monday, June 5, 1995
(Local Session)
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 10:00 A.M., the hour to which it stood adjourned and was
called to order by the ACTING PRESIDENT, Senator LANDER.
THIRD READING BILL
The following Bill was read the third time and ordered sent to the House of
Representatives:
S. 906 -- Senator Land: A BILL TO PROVIDE THAT THE SUPERINTENDENT OF ANY SCHOOL
DISTRICT LOCATED IN CLARENDON COUNTY SERVING AS AN EX OFFICIO MEMBER OF A
VOCATIONAL SCHOOL BOARD SHALL SERVE AS A VOTING MEMBER OF SUCH BOARD.
(By prior motion of Senator LAND)
ADJOURNMENT
At 10:14 A.M., on motion of Senator SETZLER, the Senate adjourned to meet
tomorrow at 10:00 A.M. for local and uncontested matters which have the
unanimous consent of the members of the delegation affected by the legislation,
in accordance with the provisions of the Sine Die Resolution, H. 4239.
* * *
Printed Page 3984 . . . . . Tuesday, June 6,
1995
Tuesday, June 6, 1995
(Local Session)
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 10:00 A.M., the hour to which it stood adjourned and was
called to order by the ACTING PRESIDENT, Senator GIESE.
SECOND READING BILL
The following Bill having been read the second time was ordered placed on the
third reading Calendar:
H. 4243 -- Rep. Wofford: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BERKELEY COUNTY,
SO AS TO REDESIGNATE THE SANGAREE AND STRATFORD PRECINCTS.
H. 4243--Ordered to a Third Reading
On motion of Senators ROSE and MESCHER, H. 4243 was ordered to receive a
third reading on Wednesday, June 7, 1995.
RATIFICATION OF ACTS
Pursuant to an invitation the Honorable Speaker and House of Representatives
appeared in the Senate Chamber on June 6, 1995, at 10:05 A.M. and the following
Acts and Joint Resolutions were 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
Printed Page 3985 . . . . . Tuesday, June 6,
1995
DAY CARE CENTERS, THE REGISTRATION OF FAMILY DAY CARE HOME
OPERATORS, AND THE REGISTRATION OF CHURCH OR RELIGIOUS DAY CARE CENTERS, SO
AS
TO 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
Printed Page 3986 . . . . . Tuesday, June 6,
1995
CONSTITUTIONAL DEBT LIMIT FOR POLITICAL SUBDIVISIONS AND THAT
PAYMENTS MADE BY THE STATE UNDER SUCH AN AGREEMENT ARE DEEMED GENERAL
OBLIGATION
DEBT 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
Printed Page 3987 . . . . . Tuesday, June 6,
1995
SUBMITTED AT SUBSEQUENT PAROLE HEARINGS EACH TIME THE SUBMITTING
PERSON PROVIDES A WRITTEN STATEMENT DECLARING THAT THE INFORMATION
REPRESENTS
THE 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
Printed Page 3988 . . . . . Tuesday, June 6,
1995
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 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
Printed Page 3989 . . . . . Tuesday, June 6,
1995
DEPARTMENTS OF OTHER STATES WHICH IS CLASSIFIED AS CONFIDENTIAL
BY THAT ASSOCIATION OR STATE, PERMIT THE SOUTH CAROLINA DEPARTMENT OF
INSURANCE
TO SHARE 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
Printed Page 3990 . . . . . Tuesday, June 6,
1995
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 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
Printed Page 3991 . . . . . Tuesday, June 6,
1995
NONDISCLOSURE REQUIREMENTS FOR TAX RECORDS HELD BY THE
DEPARTMENT OF REVENUE AND TAXATION, SO AS TO ALLOW REPORTING OF CERTAIN
INFORMATION WITH RESPECT 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.
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