South Carolina General Assembly
106th Session, 1985-1986
Journal of the House of Representatives

FRIDAY, JANUARY 17, 1986

Friday, January 17, 1986
(Local Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Eternal God, amid all the uncertainty, bewilderment and perplexity of the times in which we live, You are the same yesterday, today and forever. Keep us steadfast in the things that are Changeless: the moral Law of Mt. Sinai, the enduring truths of the Sermon on the Mount, the constancy of Your love, and of Your continuous presence. As we undertake our work, put within us muscles of moral ruggedness and an unvarying sense of righteousness. May we never shirk our responsibility or leave to others that which we ourselves ought to do.

We pray in the Name of Him Who is "the Way, the Truth and the Life". Amen.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

SENT TO THE SENATE

The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.

H. 3275 -- Reps. Harvin and Griffin: A BILL TO PROVIDE, AMONG OTHER THINGS, THAT PLATS IN CLARENDON COUNTY MUST BE SUBMITTED TO THE TAX ASSESSOR PRIOR TO RECORDING; AND TO REPEAL SECTION 65-1783.2, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO, AMONG OTHER THINGS, THE REQUIREMENT THAT PLATS IN CLARENDON COUNTY BE SUBMITTED TO THE AUDITOR PRIOR TO RECORDING.

H. 2500 -- Rep. Hearn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 56, SO AS TO REGULATE PRIVATE TRAVEL TRAILER SALES.

H. 3091 -- Rep. Woodruff: A BILL TO AMEND SECTION 51-3-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF STATE PARK FACILITIES WITHOUT CHARGE BY DISABLED PERSONS SO AS TO PROVIDE THAT AN IDENTIFICATION CARD ISSUED BY THE COUNTY VETERANS AFFAIRS OFFICER STATING THE VETERAN TO WHOM IT IS ISSUED IS PERMANENTLY AND TOTALLY DISABLED MAY BE USED TO TAKE ADVANTAGE OF THE BENEFITS AT THE PARK FACILITIES INSTEAD OF A CERTIFICATE FROM THE VETERANS ADMINISTRATION.

H. 3092 -- Rep. McLellan: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SYNTRIC, INC.

H. 2860 -- Rep. Snow: A BILL TO AMEND SECTIONS 46-1-10 AND 46-17-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE DEFINITIONS, SO AS TO DEFINE "AQUACULTURE" AND "DOMESTICATED AQUATIC ORGANISM" AND ADD AQUACULTURE TO THE DEFINITION OF "AGRICULTURAL COMMODITY".

H. 3186 -- Reps. Evatt, Beasley and Wilkins: A BILL TO AMEND SECTION 20-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE CHILDREN'S CODE, SO AS TO ADD THE DEFINITIONS OF "CHILD CARING FACILITY", "FOSTER HOME", AND "RESIDENTIAL GROUP CARE HOME", AND BY ADDING SUBARTICLE 4 TO ARTICLE 13 OF CHAPTER 7 OF TITLE 20 SO AS TO ESTABLISH A FOSTER CARE REVIEW BOARD SYSTEM FOR CHILDREN.

H. 3276 -- Rep. P. Bradley: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF LIBBY'S IMPRESSIONS OF GREENVILLE, LTD.

H. 3277 -- Rep. D. Martin: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CHARLESTON BEARS ATHLETIC CLUB.

H. 3280 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE TAX COMMISSION, RELATING TO PROPERTY TAX (INFORMATION ASSESSORS SHALL FURNISH TO COMMISSION), DESIGNATED AS REGULATION DOCUMENT NUMBER 509, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

H. 3281 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE TAX COMMISSION, RELATING TO INCOME TAX CREDITS FOR THE INSTALLATION AND COSTS OF QUALIFYING ENERGY SYSTEMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 510, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

H. 3286 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CHILDREN'S FOSTER CARE REVIEW BOARD, RELATING TO CASE REVIEWS, DESIGNATED AS REGULATION DOCUMENT NUMBER 643, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

H. 3298 -- Reps. Toal and Sheheen: A BILL TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, BY ADDING SECTION 23-3-45 SO AS TO PROVIDE THAT THE DIVISION IS AUTHORIZED TO ACCEPT FINGERPRINTS OF APPLICANTS FOR ADMISSION TO THE SOUTH CAROLINA BAR AND, TO THE EXTENT PROVIDED FOR BY FEDERAL LAW, TO EXCHANGE STATE, MULTISTATE, AND FEDERAL CRIMINAL HISTORY RECORDS WITH THE SOUTH CAROLINA BOARD OF LAW EXAMINERS FOR LICENSING PURPOSES.

H. 3303 -- Reps. Holt, Kirsh, Lloyd Hendricks and Klapman: A BILL TO AMEND SECTION 51-13-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO ADD TWO MEMBERS TO THE AUTHORITY, ONE FROM THE WAYS AND MEANS COMMITTEE, TO BE APPOINTED BY ITS CHAIRMAN AND ONE FROM THE SENATE FINANCE COMMITTEE, TO BE APPOINTED BY ITS CHAIRMAN, BOTH TO SERVE FOR TERMS OF TWO YEARS.

RETURNED TO THE SENATE WITH AMENDMENT

The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.

S. 403 -- Senators Waddell, Lourie, Leatherman and Theodore: A BILL TO AMEND SECTION 12-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM STATE INCOME TAX, SO AS TO DELETE AS AN EXEMPTION FROM NET INCOME THE EXEMPTION FOR A SPECIAL NEEDS CHILD, TO AMEND SECTION 12-7-330, AS AMENDED, RELATING TO EXEMPT ORGANIZATIONS, SO AS TO INCLUDE INSURANCE COMPANIES, TO AMEND SECTION 12-7-560, AS AMENDED, RELATING TO ITEMS OF INCOME NOT INCLUDED IN GROSS INCOME FOR PURPOSES OF STATE INCOME TAX, SO AS TO CLARIFY THE EXCLUSION OF GAIN ON THE SALE OF A TAXPAYER'S PRINCIPAL RESIDENCE; TO AMEND SECTION 12-7-660, AS AMENDED, RELATING TO THE DEFINITIONS OF ADJUSTED GROSS INCOME FOR PURPOSES OF STATE INCOME TAX, SO AS TO EXCLUDE FROM ADJUSTED GROSS INCOME TWO THOUSAND DOLLARS FOR TAXPAYERS ADOPTING A SPECIAL NEEDS CHILD, TO AMEND SECTION 12-7-700, AS AMENDED, RELATING TO DEDUCTIONS IN COMPUTING NET INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO CLARIFY THE TREATMENT OF RECAPTURE OF DEPRECIATION, TO AMEND SECTION 12-7-710, AS AMENDED, RELATING TO THE OPTIONAL STANDARD DEDUCTION FOR STATE INCOME TAX PURPOSES, SO AS TO CLARIFY THE DEDUCTION; TO AMEND SECTION 12-7-1640, RELATING TO FILING INCOME TAX RETURNS, SO AS TO CLARIFY FILING REQUIREMENTS FOR EXEMPT ORGANIZATIONS, TO AMEND SECTION 12-7-2240, AS AMENDED, RELATING TO TAX REFUNDS, SO AS TO PROVIDE A PROCEDURE FOR A TAXPAYER TO CHALLENGE WITHHOLDING OF A REFUND BECAUSE OF A STUDENT LOAN DEFAULT, TO AMEND SECTION 12-19-20, AS AMENDED, RELATING TO LICENSE FEES OF CORPORATIONS, SO AS TO CLARIFY REPORTING REQUIREMENTS OF EXEMPT ORGANIZATIONS, TO AMEND ARTICLE 19, CHAPTER 21, OF TITLE 12 OF THE 1976 CODE, RELATING TO THE TAX ON X-RATED MOVIES, SO AS TO MOVE TO THE ARTICLE THE PROVISIONS RELATING TO COIN-OPERATED MACHINES AND DEVICES AND OTHER AMUSEMENTS ADMINISTERED BY THE SOUTH CAROLINA TAX COMMISSION, TO AMEND THE 1976 CODE BY ADDING SECTION 12-35-1125, SO AS TO EXEMPT INDIVIDUALS RENTING ACCOMMODATIONS TO TRANSIENTS FOR ONE WEEK OR LESS IN A CALENDAR QUARTER FROM OBTAINING RETAIL LICENSES AND TO PRESCRIBE A METHOD FOR THEIR PAYING SALES AND ACCOMMODATIONS TAXES ON RENTALS, AND TO REPEAL CHAPTERS 11 AND 15 OF TITLE 52 OF THE 1976 CODE, RELATING TO POOL, BILLIARDS, AND COIN-OPERATED MACHINES AND DEVICES.

S. 453 -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-305 SO AS TO PROVIDE FOR THE PAYMENT OF TAXES, INTEREST, AND PENALTIES WHEN THE VALUATION OF THE PROPERTY TAXED IS APPEALED.

S. 476 -- Senators Dennis, Lindsay and Holland: A BILL TO AMEND SECTIONS 9-1-1010, 9-1-1050, 9-1-1100, 9-1-1110, 9-1-1130, 9-1-1170 AND 9-1-1810, ALL AS AMENDED, AND 9-1-1830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO TRANSFER THE ASSETS OF THE POST-RETIREMENT INCREASE SPECIAL FUND TO THE EMPLOYER ANNUITY ACCUMULATION FUND; AND TO REPEAL SECTION 9-1-1820 RELATING TO THE POST-RETIREMENT INCREASE SPECIAL FUND.

ORDERED ENROLLED FOR RATIFICATION

The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for Ratification.

S. 404 -- Senators Waddell, Lourie, Leatherman and Theodore: A BILL TO AMEND SECTIONS 12-21-670, 12-21-1710, AS AMENDED, AND 12-21-2440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO THE LICENSES REQUIRED BY THE SOUTH CAROLINA TAX COMMISSION FROM PERSONS ENGAGED IN PURCHASING, SELLING, OR DISTRIBUTING TOBACCO PRODUCTS FOR PURPOSES OF THE TOBACCO TAX, DISTRIBUTORS AND WHOLESALE DEALERS IN SOFT DRINKS FOR PURPOSES OF THE SOFT DRINK TAX, AND OPERATORS OF PLACES OF AMUSEMENT, FOR PURPOSES OF THE ADMISSIONS TAX, SO AS TO PROVIDE FOR PERMANENT LICENSING AND TO REPEAL SECTION 12-21-1720 RELATING TO ANNUAL PAYMENT OF LICENSES FEES.

S. 405 -- Senators Waddell, Lourie, Leatherman and Theodore: A BILL TO REPEAL ARTICLE 15 OF CHAPTER 21 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON MALT AND MALT EXTRACTS.

S. 406 -- Senators Waddell, Lourie, Leatherman and Theodore: A BILL TO REPEAL CHAPTER 11 OF TITLE 52, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POOL AND BILLIARDS.

ADJOURNMENT

At 10:30 A.M. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 Noon Tuesday.

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