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

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| Printed Page 3460, May 30 | Printed Page 3480, May 30 |
Printed Page 3470 . . . . . Thursday, May 30, 1996
The House returned the Bill with amendments.

On motion of Senator ROSE, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

CONCURRENCE

H. 4338 -- Reps. Sharpe, Witherspoon, Riser and Seithel: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, AND SECTION 50-11-390, AS AMENDED,

Printed Page 3471 . . . . . Thursday, May 30, 1996
RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES WITH RESPECT TO GAME ZONES, SO AS TO AUTHORIZE SUNDAY HUNTING ON PRIVATE LAND IN GAME ZONES 1, 2, AND 4 UNDER CERTAIN CONDITIONS.

The House returned the Bill with amendments.

On motion of Senator GREGORY, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

CONCURRENCE

H. 3838 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE.

The House returned the Bill with amendments.

On motion of Senator COURTNEY, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

CONCURRENCE

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

Printed Page 3472 . . . . . Thursday, May 30, 1996
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, 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
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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.

The House returned the Bill with amendments.

On motion of Senator MOORE, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

CONCURRENCE

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.

The House returned the Bill with amendments.

On motion of Senator GREG SMITH, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

CONCURRENCE

H. 3285 -- Reps. Neilson, Lloyd, G. Brown, Hines, L. Whipper, Breeland, J. Young, Canty, Rice, Felder, Chamblee, Gamble, Keyserling, Robinson, Herdklotz, Davenport, Mason, Thomas and Byrd: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER JOINT CUSTODY.

The House returned the Bill with amendments.

On motion of Senator COURTNEY, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered

Printed Page 3474 . . . . . Thursday, May 30, 1996
that the title be changed to that of an Act and the Act enrolled for Ratification.

CONCURRENCE

H. 4012 -- Reps. Townsend, Trotter and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 71 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF A SPECIAL LICENSE PLATE FOR FOREST PRODUCT HAULERS; TO AMEND SECTION 56-3-120, RELATING TO EXEMPTIONS FROM REGISTERING AND LICENSING VEHICLES, SO AS TO EXEMPT CERTAIN KNUCKLEBOOM LOADERS FROM REGISTRATION AND LICENSING; TO AMEND SECTION 56-5-4090, AS AMENDED, RELATING TO THE LENGTH OF LOAD ON CERTAIN POLE TRAILERS AND CARRIERS, SO AS TO DELETE RESTRICTIONS TO THE HOURS CERTAIN VEHICLES CAN TRAVEL ON THE STATE'S HIGHWAYS; TO AMEND SECTION 56-5-4630, RELATING TO THE ATTACHMENT OF A LAMP OR FLAG ON LOADS EXTENDING CERTAIN LENGTHS BEYOND THE BED OR BODY OF A MOTOR VEHICLE, SO AS TO REVISE THE DIMENSIONS OF THE FLAG THAT MUST BE ATTACHED TO THE LOAD; AND TO AMEND SECTION 58-23-50, RELATING TO CERTAIN FORMS OF TRANSPORTATION THAT ARE EXEMPTED FROM PUBLIC SERVICE COMMISSION REGULATIONS, SO AS TO EXEMPT THE TRANSPORTATION OF LOGS FROM COMMISSION REGULATION.

The House returned the Bill with amendments.

On motion of Senator LAND, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

Leave of Absence

At 5:30 P.M., Senator GREGORY requested a leave of absence for the balance of the day.

NONCONCURRENCE

H. 4796 -- Reps. Fulmer, Koon, Harvin, Carnell, Robinson, Stuart, Seithel, Shissias, Limehouse, Hallman, Harrell and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-37-2810, 12-37-2820, 12-37-2830, 12-37-2840,

Printed Page 3475 . . . . . Thursday, May 30, 1996
12-37-2850, 12-37-2860, 12-37-2870, AND 12-37-2880 SO AS TO PROVIDE CERTAIN DEFINITIONS, THAT THE DEPARTMENT OF PUBLIC SAFETY ANNUALLY SHALL ASSESS, EQUALIZE, AND APPORTION THE VALUATION OF ALL MOTOR CARRIER VEHICLES, THAT THE VALUE OF MOTOR CARRIER VEHICLES SUBJECT TO PROPERTY TAX MUST BE DETERMINED BY THE DEPARTMENT OF PUBLIC SAFETY AND THAT THIS PROPERTY TAX MUST BE PAID TO THE DEPARTMENT ANNUALLY, THE METHOD THAT THE TAXES MUST BE DISBURSED, THAT IN LIEU OF THE PROPERTY TAX AND REGISTRATION REQUIREMENTS, A ONE-TIME FEE MAY BE PAID UNDER CERTAIN CIRCUMSTANCES AND THE DISTRIBUTION OF THIS FEE, AND TO PROVIDE AN EXEMPTION FROM PROPERTY TAXES FOR CERTAIN MOTOR VEHICLES.

The House returned the Bill with amendments.

On motion of Senator LAND, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

HOUSE CONCURRENCE

S. 871 -- Senators Leventis, Moore, Thomas and Lander: A CONCURRENT RESOLUTION MEMORIALIZING THE MEMBERS OF SOUTH CAROLINA'S CONGRESSIONAL DELEGATION TO BECOME THE FIRST CONGRESSIONAL DELEGATION IN THE UNITED STATES TO PROMISE PUBLICLY TO REFRAIN IN THE FUTURE FROM ACCEPTING GIFTS AND GRATUITIES FROM LOBBYISTS AND TO SUPPORT LEGISLATION PROHIBITING THE GIVING AND RECEIVING OF LOBBYISTS' GIFTS AND GRATUITIES TO MEMBERS OF CONGRESS AND THEIR STAFF MEMBERS AND EMPLOYEES.

Returned with concurrence.

Received as information.

Leave of Absence Rescinded

At 6:00 P.M., the leave of absence granted to Senator WASHINGTON for the balance of the day was rescinded.

HOUSE CONCURRENCE

S. 1433 -- Senator Peeler: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXTEND THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO

Printed Page 3476 . . . . . Thursday, May 30, 1996
MRS. HAZEL LOVELACE OF GAFFNEY FOR HER LONG AND DISTINGUISHED CAREER AS AN EDUCATOR IN SOUTH CAROLINA UPON HER UPCOMING RETIREMENT AND WISH HER A FUTURE FULL OF GOOD HEALTH.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 1436 -- Senator Giese: A CONCURRENT RESOLUTION TO COMMEND ALBERT BELL, JR., REPRODUCTION DIRECTOR OF THE SOUTH CAROLINA LEGISLATIVE COUNCIL, FOR HIS LONG AND DEDICATED CAREER OF PUBLIC SERVICE TO THE STATE OF SOUTH CAROLINA UPON THE OCCASION OF HIS UPCOMING RETIREMENT.

Returned with concurrence.

Received as information.

RECALLED

H. 4829 -- Reps. Koon, Riser, Gamble, Wright, Stuart, Knotts and Spearman: A JOINT RESOLUTION TO PROHIBIT UNTIL JULY 1, 1997, THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM ISSUING A PERMIT OR APPROVING AN APPLICATION TO OPERATE A LANDFILL AT 104 OMAR COURT IN LEXINGTON COUNTY AND TO REQUIRE THE SECRETARY OF STATE TO SEND A COPY OF THIS JOINT RESOLUTION TO EACH BOARD MEMBER OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

Senator MOORE asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Medical Affairs.

There was no objection.

On motion of Senator MOORE, with unanimous consent, the Joint Resolution was ordered placed on the Calendar.

RECESS

At 6:45 P.M., on motion of Senator MOORE, the Senate receded from business not to exceed fifteen minutes.

At 7:15 P.M., the Senate resumed.

Printed Page 3477 . . . . . Thursday, May 30, 1996
INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1437 -- Senator Courson: A SENATE RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE GRESSETTE BUILDING ON NOVEMBER 13, 1996, AND THE USE OF THE SENATE CHAMBER ON NOVEMBER 14 AND 15, 1996, FOR ITS ANNUAL MEETING.

Be it resolved by the Senate:

That the South Carolina Student Legislature is allowed the use of the Gressette Building on November 13, 1996, for its annual meeting. If the Senate is in statewide session on this day, the Gressette Building may not be used on this day.

Be it further resolved that the South Carolina Student Legislature is allowed the use of the Senate Chamber at its temporary location on November 14 and 15, 1996, for its annual meeting. If the Senate is in statewide session on any of these days, the Senate Chamber may not be used on these days.

Be it further resolved that no expense may be charged to the South Carolina Student Legislature for the use of the Gressette Building and the Senate Chamber and the use must be in strict accordance with the policies of the Senate.

Referred to the Committee on Invitations.

S. 1438 -- Senator Alexander: A CONCURRENT RESOLUTION COMMENDING WALHALLA HIGH SCHOOL'S SCHOOL TO WORK PROGRAM IN OCONEE COUNTY ON BEING ONE OF TEN PROGRAMS TO BE RECOGNIZED BY THE NATIONAL COUNCIL OF RESEARCH AND VOCATIONAL EDUCATION.

The Concurrent Resolution was adopted, ordered sent to the House.

S. 1439 -- Senators Ryberg, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Rose, Russell, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION TO RECOGNIZE SENATOR LAWRENCE E. "LARRY" RICHTER ON THE OCCASION OF HIS RETIREMENT FROM THE SOUTH

Printed Page 3478 . . . . . Thursday, May 30, 1996
CAROLINA SENATE FOR HIS DISTINGUISHED SERVICE TO CHARLESTON AND BERKELEY COUNTIES AND THE STATE OF SOUTH CAROLINA.

Whereas, the adjournment of the General Assembly this year will mark the end of Senator Lawrence E. "Larry" Richter's distinguished service as a member of the General Assembly; and

Whereas, Senator Larry Richter has ably represented District Number Forty-four in the South Carolina Senate since his election in 1992; and

Whereas, Senator Richter is married to the former Anne Claire Welch with whom he has three children: Alice Anne, Claire Ellen, and Anna Elizabeth; and

Whereas, Senator Richter graduated from Bishop England High School in 1964, from the University of North Carolina in 1968, and from the University of South Carolina School of Law in 1971; and

Whereas, Senator Richter served as a Family Court Judge for the Ninth Judicial Circuit from 1980 to 1982; and

Whereas, Senator Richter served as a Circuit Court Judge for the Ninth Judicial Circuit from 1982 to 1988; and

Whereas, Senator Richter has maintained a successful law practice since he left the judiciary, balancing his practice for the last four years with his service in the Senate; and

Whereas, Senator Richter has served ably on a number of committees during his tenure in the Senate, including the Agricultural and Natural Resources, Corrections and Penology, Medical Affairs, and Transportation committees; and

Whereas, Senator Richter has been at the forefront of reforms made in the criminal justice and corrections communities, being an early sponsor of legislation to eliminate parole and being the author of recent enactments which restricted the conduct of inmates and created a Sex Offender Registry; and

Whereas, Senator Richter's prior service as a member of the Judiciary provided a unique perspective to the General Assembly; and

Whereas, Senator Richter's tireless dedication provides a positive role model and example of service for all of his peers to emulate. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly recognize Senator Larry E. Richter for his distinguished accomplishments and contributions to Charleston and Berkeley counties and the State of South Carolina, and wish him a long and prosperous career.

Printed Page 3479 . . . . . Thursday, May 30, 1996
Be it further resolved that a copy of this resolution be forwarded to Senator Larry Richter.

On motion of Senator RYBERG, with unanimous consent, the Concurrent Resolution was taken up for immediate consideration, unanimously adopted, and ordered sent to the House.

H. 5073 -- Reps. Hodges, McTeer, Rogers, Cobb-Hunter, Neal, Richardson, Canty, Keyserling, McElveen and Harvin: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES PROMPTLY TO REIMPOSE THE ENVIRONMENTAL TAXES AND FEES THAT HAVE LAPSED DUE TO UNRELATED BUDGETARY CONFLICTS, SO THAT THE IMPORTANT WORK OF FUNDING THE SUPERFUND ACCOUNT, OIL SPILL FUND ACCOUNT, AND THE LEAKING UNDERGROUND STORAGE TANK TRUST FUND ACCOUNT CAN GO FORWARD.

Whereas, endless budget conflict in the United States Congress has jeopardized the funding of vital environmental programs because the taxes and fees on the petroleum and chemical industries supporting the programs have lapsed and the budget impasse has prevented their reimposition; and

Whereas, among other things, the taxes and fees go to provide funding for the Superfund Program that steps in to clean up environmentally unsafe waste sites when private funds are not available for that purpose, and for the Oil Spill Fund Account and the Leaking Underground Storage Tank Trust Fund; and

Whereas, these taxes and fees paid by the chemical and petroleum industries are vital in ensuring a safe environment for all Americans and in themselves are not significant issues in the budget conflict. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly of the State of South Carolina, by this resolution, memorialize the Congress of the United States promptly to reimpose the environmental taxes and fees that have lapsed due to unrelated budgetary conflicts, so that the important work of funding the Superfund Account, Oil Spill Trust Account, and the Leaking Underground Storage Tank Trust Fund Account can go forward.

Be it further resolved that a copy of this resolution be forwarded to the Speaker of the United States House of Representatives, the President of the United States Senate, and each member of this state's congressional delegation.

Printed Page 3480 . . . . . Thursday, May 30, 1996
Referred to the Committee on Finance.

| Printed Page 3460, May 30 | Printed Page 3480, May 30 |
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