Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index
| Printed Page 1710, Apr. 16 | Printed Page 1730, Apr. 17 |
Printed Page 1722 . . . . . Wednesday, April 17, 1996
H. 4834 -- Reps. Robinson, Herdklotz, Waldrop, Sandifer, Fulmer, Trotter, Marchbanks, Rice, Haskins and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-2-75 SO AS TO PROVIDE FOR THE METHOD OF SIGNING INCOME TAX RETURNS; TO AMEND SECTION 12-4-310, AS AMENDED, RELATING TO DUTIES OF THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO REVISE A REFERENCE TO THE BOND REQUIREMENT FOR DEPARTMENTAL OFFICERS AND EMPLOYEES; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE OF 1986 NOT ADOPTED IN THE DETERMINATION OF SOUTH CAROLINA TAXABLE INCOME, SO AS TO DELETE THE EXCLUSION OF PROVISIONS RELATING TO AN INNOCENT SPOUSE; TO AMEND SECTION 12-31-60, RELATING TO PENALTIES PROVIDED UNDER THE INTERNATIONAL FUEL TAX AGREEMENT, SO AS TO MAKE THESE PENALTIES APPLY IN LIEU OF OTHER PENALTIES AND INTEREST OTHERWISE REQUIRED; TO AMEND SECTIONS 12-36-110, AS AMENDED, 12-36-120, AS AMENDED, 12-36-1710, AS AMENDED, 12-36-2110, AS AMENDED, AND 12-36-2120, AS AMENDED, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO REVISE THE DEFINITIONS OF "RETAIL SALE" AND "WHOLESALE SALE", CLARIFY A REFERENCE IN AN EXEMPTION UNDER THE CASUAL EXCISE TAX, REQUIRE LEASES TO BE IN WRITING FOR PURPOSES OF OBTAINING THE THREE HUNDRED DOLLARS MAXIMUM SALES TAX ON CERTAIN ITEMS, CLARIFY THE SALES TAX EXEMPTION FOR SUPPLIES REQUIRED BY DIABETICS, AND TO EXEMPT GOODS PROVIDED TO THE FEDERAL GOVERNMENT WHEN CERTAIN CONDITIONS ARE MET; TO AMEND SECTION 12-39-260, RELATING TO THE DUTIES OF THE COUNTY AUDITOR, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO APPROVE OTHER MEANS OF ACCOUNTING FOR AND REPORTING OF REAL ESTATE SALES; TO AMEND SECTION 12-54-35, RELATING TO THE INNOCENT SPOUSE RULE,
Printed Page 1723 . . . . . Wednesday, April 17, 1996
SO AS TO PROVIDE THOSE INSTANCES WHEN THE RULE DOES NOT APPLY; TO AMEND SECTION 12-54-50, AS AMENDED, RELATING TO THE PENALTY ON A RETURNED CHECK FOR TAXES, SO AS TO EXTEND THE PENALTY TO ELECTRONIC PAYMENTS AND CLARIFY THIS PENALTY AS AN ADDITION TO ALL OTHER PENALTIES; TO AMEND SECTION 12-54-90, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REVOKE LICENSES ISSUED TAXPAYERS FOR VIOLATIONS OR OMISSIONS, SO AS TO PROVIDE NOTICE BY FIRST CLASS RATHER THAN CERTIFIED MAIL; TO AMEND SECTION 12-54-210, AS AMENDED, RELATING TO THE REQUIREMENT TO MAINTAIN RECORDS FOR TAX PURPOSES, SO AS TO EXTEND THE REQUIREMENT TO LICENSES, FEES, AND SURCHARGES AND TO PROVIDE THE CIRCUMSTANCES UNDER WHICH MICROFILM RECORDS ARE ADEQUATE; TO AMEND SECTION 12-54-227, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO CONTRACT WITH PRIVATE PARTIES TO COLLECT TAXES, SO AS TO ALLOW THE NOTICE TO TAXPAYERS TO BE MADE BY FIRST CLASS RATHER THAN CERTIFIED OR REGISTERED MAIL; AND TO REPEAL SECTION 12-6-5040, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REQUIRE COPIES OF FEDERAL TAX RETURNS.

Read the first time and referred to the Committee on Finance.

REPORTS OF STANDING COMMITTEES

Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:

S. 556 -- Senator Russell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO AUTHORIZE A PERSON WHO ATTAINS THE AGE OF EIGHTEEN BY THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER TO BE AN ELECTOR FOR THE CALENDAR YEAR IN WHICH THE PERSON HAS ATTAINED THE AGE OF EIGHTEEN.

Ordered for consideration tomorrow.

Printed Page 1724 . . . . . Wednesday, April 17, 1996
Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:

S. 583 -- Senator Russell: A BILL TO AMEND SECTION 7-5-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS AND DISQUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO CHANGE THE AGE QUALIFICATION TO BE CONSISTENT WITH PROPOSED CONSTITUTIONAL REQUIREMENTS FOR ALLOWING A CITIZEN WHO HAS NOT ATTAINED THE AGE OF EIGHTEEN TO BE A QUALIFIED ELECTOR.

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Judiciary submitted a favorable with amendment report on:

S. 929 -- Senators McConnell, Ryberg and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-285 SO AS TO PROVIDE A PROCEDURE FOR THE REDUCTION OF THE CORPORATE LIMITS OF A MUNICIPALITY WHEN A FREEHOLDER'S PROPERTY HAS BEEN ANNEXED BY THAT MUNICIPALITY USING THE METHOD OF ANNEXATION PROVIDED IN SECTION 5-3-150, UNDER CERTAIN CONDITIONS, AND PROVIDE A PROCEDURE BY WHICH THE FREEHOLDER'S PROPERTY MAY BE ANNEXED BY ANOTHER MUNICIPALITY IF IT IS CONTIGUOUS OR REVERT TO BEING UNINCORPORATED PROPERTY.

Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Judiciary submitted a favorable with amendment report on:

S. 1147 -- Senator Hayes: A BILL TO AMEND SECTION 16-13-425, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL FAILURE TO RETURN A LEASED OR RENTED VIDEO OR CASSETTE TAPE, SO AS TO PROVIDE THAT NOTICE OF THE EXPIRATION OF THE LEASE OR RENTAL PERIOD MUST BE PROVIDED TO THE LESSOR OR RENTER.

Ordered for consideration tomorrow.

Senator MOORE from the Committee on Medical Affairs polled out S. 1226 favorable with amendment:

S. 1226 -- Senators Giese, Passailaigue and Glover: A BILL TO AMEND TITLE 44, CHAPTER 36, AS AMENDED, CODE OF LAWS

Printed Page 1725 . . . . . Wednesday, April 17, 1996
OF SOUTH CAROLINA, 1976, RELATING TO ALZHEIMER'S DISEASE, BY ADDING ARTICLE 5 TO ENACT THE "ALZHEIMER'S SPECIAL CARE DISCLOSURE ACT" SO AS TO REQUIRE CERTAIN FACILITIES OFFERING SPECIAL CARE UNITS OR PROGRAMS FOR ALZHEIMER'S PATIENTS TO DISCLOSE TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL THE FORM OF CARE OR TREATMENT PROVIDED THAT DISTINGUISHES IT AS BEING ESPECIALLY SUITABLE FOR THESE PATIENTS.

Poll of the Medical Affairs Committee on S. 1226

Ayes 18; Nays 0; Not Voting 0

AYES
Moore                Smith, J.V.          Peeler
Bryan                Courson              Giese
Thomas               Washington           Rose
Hayes                Cork                 Ford
Jackson              Richter              Short
Alexander            Smith, G.            Boan
TOTAL--18

NAYS
TOTAL--0




NOT VOTING


TOTAL--0



Ordered for consideration tomorrow.


Senator McCONNELL from the Committee on Judiciary submitted a favorable report on:


S. 1235 -- Senator McConnell:  A BILL TO AMEND SECTION 20-7-420, AS AMENDED,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FAMILY COURT'S
EXCLUSIVE JURISDICTION, SO AS TO ALLOW EXPUNGEMENT OF A MINOR'S 



Printed Page 1726 . . . . . Wednesday, April 17,
1996



RECORD PURSUANT TO SECTIONS 20-7-1335, 17-1-40, 17-22-150, 34-11-90, AND
44-53-450.


Ordered for consideration tomorrow.


Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment
report on:


S. 1284 -- Senator Thomas:  A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO
CUSTODY FOR VIOLATING THE LAW, SO AS TO INCLUDE AN ADDITIONAL
REQUIREMENT FOR DETENTION IN A SECURE JUVENILE DETENTION FACILITY
AND TO PROVIDE SPECIFIC TIME FRAMES FOR REVIEW OF A JUVENILE IN A
DETENTION FACILITY; TO AMEND SECTION 20-7-780, AS AMENDED, RELATING TO
CONFIDENTIALITY OF JUVENILE RECORDS, FINGERPRINTS, AND PHOTOGRAPHS,
SO AS TO EXPAND THE CIRCUMSTANCES UNDER WHICH A JUVENILE MAY BE
FINGERPRINTED AND TO EXPAND THE USE OF FINGERPRINTS; AND TO AMEND
SECTION 20-7-2170, AS AMENDED, RELATING TO COMMITMENT OF CHILDREN TO
THE DEPARTMENT OF JUVENILE JUSTICE AND TRANSFER TO THE DEPARTMENT
OF CORRECTIONS, SO AS TO EXPAND THE CONDITIONS UNDER WHICH THE
COURT MAY WAIVE THE TEMPORARY COMMITMENT OF A CHILD TO THE
DEPARTMENT FOR EVALUATION.


Ordered for consideration tomorrow.


Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:


S. 1298 -- Senator Holland:  A BILL TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 7-13-1340, SO AS TO PROVIDE THAT ALL
VOTE RECORDER VOTING SYSTEMS MUST BE CAPABLE OF PRODUCING AND
TRANSMITTING AN ELECTRONIC FILE CONTAINING ELECTION RESULTS IN A
FORMAT PRESCRIBED BY THE STATE ELECTION COMMISSION; AND TO AMEND
SECTION 7-13-1640, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO
PROVIDE THAT ALL VOTING MACHINE SYSTEMS MUST BE CAPABLE OF
PRODUCING AND TRANSMITTING AN ELECTRONIC FILE CONTAINING ELECTION
RESULTS IN A FORMAT PRESCRIBED BY THE STATE ELECTION COMMISSION.



Printed Page 1727 . . . . . Wednesday, April 17,
1996



Ordered for consideration tomorrow.


Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable report
on:


S. 1306 -- Senator Giese:  A BILL TO AMEND SECTION 50-3-410, AS AMENDED, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ARREST OF AND BAIL
FOR PERSONS APPREHENDED BY ENFORCEMENT OFFICERS OF THE DEPARTMENT
OF NATURAL RESOURCES, SO AS TO PROVIDE FOR AN OFFICIAL SUMMONS TO BE
USED BY THE OFFICERS FOR CERTAIN OFFENSES AND REVISE THE PROVISIONS
FOR ARREST AND BAIL.


Ordered for consideration tomorrow.


Senator BRYAN from the Committee on Judiciary submitted a majority favorable and Senator
WILSON a minority unfavorable report on:


S. 1318 -- Senator Ford:  A CONCURRENT RESOLUTION TO MEMORIALIZE THE
UNITED STATES CONGRESS TO PROVIDE FUNDING FOR THE "COPS"
PROGRAM AT LEAST AT THE LEVEL AUTHORIZED IN THE "VIOLENT CRIME
CONTROL AND LAW ENFORCEMENT ACT OF 1994" SO THAT THE EFFORT TO
PUT 100,000 ADDITIONAL POLICE ON THE NATION'S STREETS IS REALIZED.


Ordered for consideration tomorrow.


Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable report
on:


H. 3116 -- Reps. Cato and Meacham:  A BILL TO AMEND SECTION 50-21-850, AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SAFETY
REQUIREMENTS FOR PERSONS WATER SKIING OR RIDING ON A SURFBOARD OR
SIMILAR OBJECT, SO AS TO CHANGE THE REFERENCE TO SURFBOARD TO
KNEEBOARD, PROVIDE FOR THE REQUIREMENTS TO APPLY TO PERSONS BEING
TOWED BY A MOTORIZED WATERCRAFT, CLARIFY THE DEFINITION OF
PERSONAL FLOTATION DEVICE REQUIREMENTS, AND EXEMPT SURFBOARDERS.


Ordered for consideration tomorrow.



Printed Page 1728 . . . . . Wednesday, April 17,
1996



Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment
report on:


H. 3140 -- Reps. McTeer and Lloyd:  A BILL TO AMEND SECTION 7-13-1640, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING MACHINE
REQUIREMENTS, SO AS TO DELETE THE REQUIREMENT THAT THE STATE BOARD
OF VOTING MACHINE COMMISSIONERS BE PROVIDED WITH A MECHANICAL
VOTING MACHINE MODEL SUITABLE FOR THE INSTRUCTION OF VOTERS.


Ordered for consideration tomorrow.


Senator COURTNEY from the Committee on Judiciary submitted a favorable report on:


H. 4382 -- Reps. Harrison, Herdklotz, J. Young, Jennings, Riser and Allison:  A BILL TO
AMEND SECTION 20-4-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING
TO ORDERS FOR PROTECTION FROM DOMESTIC ABUSE, SO AS TO CONFORM THE
STATEMENT PERTAINING TO CRIMINAL VIOLATIONS REQUIRED IN SUCH AN
ORDER TO AN INCREASE IN THE CRIMINAL PENALTY FOR THIS OFFENSE.


Ordered for consideration tomorrow.


Senator BRYAN from the Committee on Judiciary submitted a favorable report on:


H. 4716 -- Reps. D. Smith, Tucker, Jennings and Hodges:  A BILL TO AMEND THE CODE OF
LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-1015 SO AS TO MAKE
AGREEMENTS BETWEEN A BEER WHOLESALER AND AN IMPORTER OF BEER
PRODUCED BY A BREWER OUTSIDE OF  THE UNITED STATES BINDING ON ANY
SUCCESSOR IMPORTER OF BEER PRODUCED BY THAT FOREIGN BREWER AND TO
GIVE THIS PROVISION PROSPECTIVE APPLICATION.


Ordered for consideration tomorrow.


Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable report
on:


H. 4726 -- Rep. Witherspoon:  A JOINT RESOLUTION TO AMEND ACT 239 OF 1991,
RELATING TO THE PROHIBITION AGAINST THE TAKING AND ATTEMPTS TO TAKE
STRIPED BASS AND WHITE BASS HYBRIDS NEAR THE MOUTH OF THE SAVANNAH
RIVER UPSTREAM TO NEW SAVANNAH BLUFF LOCK DAM IN 



Printed Page 1729 . . . . . Wednesday, April 17,
1996



SOUTH CAROLINA WATERS UNTIL JULY 1, 1996, SO AS TO EXTEND THE
MORATORIUM AND EXPAND THE AREA COVERED BY THE MORATORIUM.


Ordered for consideration tomorrow.


Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable report
on:


H. 4727 -- Rep. Witherspoon:  A BILL TO AMEND SECTION 50-13-235, AS AMENDED,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION
AGAINST THE TAKING OF STRIPED BASS LESS THAN TWENTY-ONE INCHES
UNDER CERTAIN CONDITIONS, SO AS TO FURTHER PROVIDE FOR THOSE RIVERS,
RESERVOIRS, AND THEIR TRIBUTARIES WHERE IT IS UNLAWFUL TO TAKE OR
POSSESS STRIPED BASS LESS THAN TWENTY-ONE INCHES.


Ordered for consideration tomorrow.


Senator COURSON from the Committee on Invitations polled out H. 4792 favorable:


H. 4792 -- Rep. Cobb-Hunter:  A CONCURRENT RESOLUTION TO HONOR THE
WORKING MEN AND WOMEN WHO HAVE DIED ON THE JOB BY DECLARING APRIL
28, 1996, "WORKERS MEMORIAL DAY".



Poll of the Invitations Committee on H. 4792




Ayes 10; Nays 0; Not Voting 0




AYES


Courson              Peeler               Wilson
Matthews             Patterson            Russell
O'Dell               Passailaigue         Rose
McGill

TOTAL--10




NAYS


TOTAL--0





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