Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
On this the 1st anniversary of the beginning of Desert Storm, we are unendingly grateful, good Lord, for the swift conclusion of that war. Hallowed memories fill our minds as we honor the valiant men and women who marched away in full devotion to preserve peace and justice among Your people.
We praise You for increased prospects of peace among nations. May conflicts everywhere be ceased and violence abated, and in the climate of good will be replaced by a just and lasting peace. Hasten the day when "nations study war no more".
We pray to our God the Father of all mankind. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
In accordance with the action taken by the General Assembly on April 9, 1963, and Act No. 764, 1964, authorizing the sale of the South Carolina Legislative Manual, I wish to report the following:
Cash on Hand $ 10.00
Total number of Manuals
sold from May 7, 1991 to
January 16, 1992
2,319 @ $5.00 each 11,595.00
________________
Total $ 11,605.00
Accounting:
Cash on Hand $ 10.00
Cash Deposited in State's
General Fund 11,595.00
________________
Total $ 11,605.00
An itemized list of the purchasers of the Manual is available in the Clerk's Office.
Sandra K. McKinney
Clerk of the House
January 16, 1992
Received as information.
The following was received.
January 16, 1992
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Spartanburg County Master-in-Equity, with term to expire June 30, 1997:
Initial Appointment under Act 768 of 1988:
Mr. Thomas J. DeZern, P.O. Box 882, Spartanburg, South Carolina 29304 VICE Reappointment
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following was received.
January 16, 1992
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Greenville County Master-in Equity, with term to expire January 1, 1998:
Mr. Charles B. Simmons, Jr., 11 West Hillcrest Drive, Greenville, South Carolina 29304 VICE Reappointment
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following were received and referred to the appropriate committee for consideration.
Document No. 1436
Promulgated By Department of Agriculture
Public Weighmaster Law
Received By Speaker January 15, 1992
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 day review expiration date May 15, 1992
Document No. 1437
Promulgated By Department of Agriculture
Warehouse System
Received By Speaker January 15, 1992
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 day review expiration date May 15, 1992
Document No. 1438
Promulgated By Department of Agriculture
Contracts
Received By Speaker January 15, 1992
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 day review expiration date May 15, 1992
Document No. 1446
Promulgated By Law Enforcement Training Council (South Carolina Criminal Justice Academy)
Juvenile Training Officers
Received By Speaker January 15, 1992
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day review expiration date May 15, 1992
The following was introduced:
H. 4180 -- Rep. P. Harris: A CONCURRENT RESOLUTION TO CONGRATULATE ONE OF THIS STATE'S MOST OUTSTANDING HEALTH CARE EXECUTIVES, D. KIRK OGLESBY, JR., UPON HIS ELECTION AS CHAIRMAN OF THE BOARD OF TRUSTEES OF THE AMERICAN HOSPITAL ASSOCIATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. KEYSERLING, with unanimous consent, the following was taken up for immediate consideration:
H. 4181 -- Reps. Keyserling, Jaskwhich, Rogers, H. Brown, Waites and J. Harris: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1992 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1992 FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE ON WEDNESDAY, APRIL 29, 1992, AT 12:30 P.M., AND TO RECOGNIZE AND COMMEND THE 1992 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
Whereas, in 1987 the General Assembly created the South Carolina Folk Heritage Award, to be presented each year by the General Assembly to South Carolina folk artists who have used their lives to create beauty and meaning for their communities and for their State in ways that are significant because their work has lasted, often for hundred of years; and
Whereas, the winners of the 1992 South Carolina Folk Heritage Awards are citizens who have maintained and enriched the lives of all persons of their communities and of the State through their unique talents and through their substantial contributions to the traditional heritage of South Carolina; and
Whereas, the 1992 South Carolina Folk Heritage Awards Advisory Committee has performed its duties admirably. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly invite the winners of the 1992 South Carolina Folk Heritage Awards and the members of the 1992 South Carolina Folk Heritage Awards Advisory Committee to attend a joint session of the House of Representatives and the Senate in the Hall of the House at 12:30 p.m. on Wednesday, April 29, 1992, and that the members of the General Assembly recognize and commend the 1992 South Carolina Folk Heritage Awards winners for their outstanding contributions to folk art in South Carolina.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4182 -- Reps. Waldrop, Chamblee and Cooper: A BILL TO AMEND SECTIONS 24-13-1310 AND 24-13-1340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR PARTICIPATION IN THE SHOCK INCARCERATION PROGRAM, SO AS TO PROVIDE THAT A PERSON MUST NOT HAVE ATTAINED THE AGE OF THIRTY YEARS RATHER THAN TWENTY-SIX YEARS AT THE TIME OF ADMISSION TO THE DEPARTMENT OF CORRECTIONS TO BE ELIGIBLE FOR THE PROGRAM.
Referred to Committee on Judiciary.
H. 4183 -- Reps. Waldrop, Chamblee and Cooper: A BILL TO AMEND SECTION 15-78-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SETTLEMENT OF CLAIMS AND ACTIONS UNDER THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE FOR THE MANNER IN WHICH PAYMENT OF A CLAIM TO AN INCARCERATED CLAIMANT MUST BE MADE, AND TO PROVIDE FOR CERTAIN NOTICES TO THE SOLICITOR OF THE COUNTY WHERE THE CRIME INVOLVING THE CLAIMANT WAS COMMITTED AND TO ANY ASCERTAINABLE VICTIMS SO THAT ANY FINES OR RESTITUTION MAY BE COLLECTED.
Referred to Committee on Judiciary.
H. 4184 -- Reps. Wofford, H. Brown, Gonzales, R. Young, G. Bailey, A. Young, J. Williams and D. Williams: A BILL TO AMEND SECTION 12-51-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALE OF REAL PROPERTY FOR DELINQUENT TAXES, SO AS TO PROVIDE THAT THE SALE MAY BE CONDUCTED AT A LOCATION OTHER THAN THE COURTHOUSE.
Referred to Committee on Judiciary.
H. 4185 -- Reps. Koon, Sturkie and Sharpe: A JOINT RESOLUTION TO EXTEND THE DEADLINE FOR FILING APPLICATIONS TO CLAIM AGRICULTURAL USE FOR REAL PROPERTY FOR PURPOSES OF AD VALOREM TAXATION FOR TAXABLE YEAR 1991 UNTIL JULY 1, 1992.
Referred to Committee on Ways and Means.
H. 4186 -- Reps. Cork, Sturkie, Cromer, Hallman, Wilkes, Wells, Shissias, Corbett, Jaskwhich, Waites, Vaughn, Cole, Cato, Kempe, Rama, Beatty, M.O. Alexander, Harrison, Manly, Baxley, McGinnis and Haskins: A BILL TO AMEND SECTION 2-7-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL GENERAL APPROPRIATION ACT, SO AS TO PROVIDE FOR AN EXCEPTION TO THE PROVISIONS OF THAT SECTION AND TO MAKE REFERENCE TO NEW SECTION 2-7-61; TO AMEND THE 1976 CODE BY ADDING SECTION 2-7-61 SO AS TO REQUIRE THE GENERAL ASSEMBLY TO ANNUALLY PROVIDE FOR ALL EXPENDITURES FOR THE STATE EDUCATION DEPARTMENT IN A SEPARATE APPROPRIATION ACT, PROVIDE FOR THE APPROPRIATIONS THEREBY MADE FOR THE STATE EDUCATION DEPARTMENT, REQUIRE THE ANNUAL APPROPRIATION BILL FOR THIS AGENCY TO BE CONSIDERED PRIOR TO THE GENERAL APPROPRIATION BILL FOR THE REMAINDER OF STATE GOVERNMENT, AND PROVIDE THAT ALL OTHER PROVISIONS OF LAW RELATING TO THE ANNUAL GENERAL APPROPRIATION ACT WHICH ARE NOT IN CONFLICT WITH THE PROVISIONS OF SECTION 2-7-61 APPLY TO THE ANNUAL APPROPRIATION ACT FOR THE STATE EDUCATION DEPARTMENT; AND TO AMEND SECTION 2-7-66, RELATING TO EDUCATION IMPROVEMENT ACT APPROPRIATIONS TO AGENCIES AND ENTITIES OTHER THAN THE STATE EDUCATION DEPARTMENT, SO AS TO PROVIDE THAT THESE APPROPRIATIONS BE INCLUDED IN THE ANNUAL APPROPRIATION BILL FOR THE STATE DEPARTMENT OF EDUCATION.
Referred to Committee on Ways and Means.
H. 4187 -- Rep. Boan: A BILL TO AMEND SECTION 12-7-1245, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORPORATE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS LOCATED IN THIS STATE, SO AS TO REVISE THE CATEGORIES OF JOBS WHICH MUST BE CREATED TO QUALIFY FOR THE CREDIT, TO ADD ADDITIONAL REQUIREMENTS FOR PERSONAL PROPERTY TO QUALIFY FOR THE CREDIT, TO EXPAND THE PERSONAL PROPERTY FOR WHICH THE CREDIT MAY BE CLAIMED, TO PROVIDE THE TAXABLE YEARS TO WHICH THE CREDIT APPLIES, TO REQUIRE RECAPTURE OF THE CREDIT IF STAFFING LEVELS ARE NOT TIMELY MET, TO ALLOW THE CREDIT WHEN A FEE IN LIEU OF TAXES ARRANGEMENT EXISTS, TO REQUIRE A REDUCTION IN THE INCOME TAX BASIS ONLY OF PROPERTY FOR WHICH THE CREDIT WAS CLAIMED, TO REVISE AND ADD ADDITIONAL DEFINITIONS, AND TO ALLOW TAXPAYERS RELYING ON RULINGS FROM THE SOUTH CAROLINA TAX COMMISSION IN THE APPLICATION OF THE FORMER PROVISIONS OF THE CODE SECTION TO CONTINUE TO RELY ON THE RULINGS AND ALLOW THE TAXPAYER TO BENEFIT FROM THE PROVISIONS OF THE SECTION.
Referred to Committee on Ways and Means.
H. 4188 -- Rep. Boan: A JOINT RESOLUTION TO PROVIDE THAT THE SALES AND USE TAX DOES NOT APPLY TO THE VALUE OF PARTS REPLACED UNDER WRITTEN MOTOR VEHICLE WARRANTY CONTRACTS REQUIRING CO-PAYMENTS ON WARRANTY WORK PERFORMED BEFORE OCTOBER 1, 1991.
Referred to Committee on Ways and Means.
H. 4189 -- Reps. M.O. Alexander, Rogers, Waites, A. Young, Shissias, Sturkie, Koon, Cork, Manly, Mattos, Corning, L. Martin, Houck, Harrison, Farr, Foster, Cromer, Wells, Cato, Rhoad, T.C. Alexander, Phillips, Cooper, Wofford, Klapman and Barber: A BILL TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO REVISE THE MEMBERSHIP OF THE COMMITTEE WHEN REVIEWING CANDIDATES FOR A FAMILY COURT, CIRCUIT COURT, COURT OF APPEALS, OR SUPREME COURT JUDGESHIP.
Referred to Committee on Judiciary.
H. 4190 -- Reps. Waites, Rogers, Cork, A. Young, Sharpe, Kirsh, Jaskwhich, Byrd, Keegan, Cromer, Littlejohn, Koon, Wright, Riser, Cato and J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 4 TO TITLE 14 SO AS TO CREATE THE SOUTH CAROLINA JUDICIAL NOMINATING COMMISSION TO ASSIST THE GENERAL ASSEMBLY IN THE SELECTION OF JUSTICES AND JUDGES FOR VACANCIES IN THE OFFICES OF SUPREME COURT JUSTICE, AND JUDGE OF THE COURT OF APPEALS, CIRCUIT COURT, AND FAMILY COURT, TO PROVIDE FOR THE MEMBERSHIP OF THE COMMISSION, AND TO PROVIDE THE PROCEDURE FOR THE NOMINATION AND ELECTION OF CANDIDATES FOR THESE JUDICIAL VACANCIES.
Referred to Committee on Judiciary.
H. 4191 -- Reps. Cork and Keyserling: A BILL TO AUTHORIZE A MUNICIPALITY TO PROVIDE FOR THE ESTABLISHMENT OF A LAND BANK COMMISSION, PROVIDE FOR THE SOURCE OF FUNDING FOR THE PURPOSES AND OBJECTIVES OF SUCH COMMISSION, PROVIDE FOR AN EXEMPTION FROM THE PROVISIONS OF THIS ACT, REQUIRE AND PROVIDE FOR A REFERENDUM APPROVING A LAND BANK COMMISSION BEFORE THE ORDINANCE ESTABLISHING SUCH COMMISSION MAY BE IMPLEMENTED, PROVIDE FOR FUTURE REFERENDUMS AFTER THE INITIAL REFERENDUM, PROVIDE FOR THE REPEAL OF SUCH ORDINANCE WITHOUT THE NECESSITY OF REFERENDUM APPROVAL, AND PROVIDE FOR THE REDUCTION OR ELIMINATION OF THE SPECIFIED PERCENTAGE APPROVED AT THE REFERENDUM PROVIDED FOR IN THIS ACT WITHOUT THE NECESSITY OF REFERENDUM APPROVAL.
Referred to Committee on Judiciary.
H. 4192 -- Rep. Cato: A BILL TO REPEAL ACT 834 OF 1976 RELATING TO THE AUTHORIZATION GRANTED TO THE GOVERNING BODY OF THE SLATER-MARIETTA FIRE DISTRICT IN GREENVILLE COUNTY TO PROVIDE POLICE PROTECTION WITHIN THE DISTRICT.
On motion of Rep. CATO, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4193 -- Reps. Keyserling, White and Cork: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 SO AS TO DESIGNATE A PORTION OF U. S. HIGHWAY 17 IN BEAUFORT COUNTY AS "U. S. HIGHWAY 17-ACE BASIN SCENIC HIGHWAY".
Referred to Committee on Education and Public Works.
H. 4194 -- Rep. Keyserling: A BILL TO AMEND CHAPTER 9, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL LIVESTOCK PROVISIONS, BY ADDING ARTICLE 7 SO AS TO ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH TO A PERSON ENGAGED IN AN EQUINE ACTIVITY CAUSED BY AN INHERENT RISK OF EQUINE ACTIVITY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4195 -- Reps. M. Martin, Keegan, Harwell, L. Elliott, D. Elliott, Kinon and Jennings: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT GREENHOUSES USED IN THE CULTIVATION OF TOBACCO.
Referred to Committee on Ways and Means.
H. 4196 -- Reps. Foster, Kirsh, Meacham and Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-125-5 SO AS TO CHANGE WINTHROP COLLEGE TO WINTHROP UNIVERSITY, EFFECTIVE JULY 1, 1992.
Referred to Committee on Education and Public Works.
H. 4197 -- Reps. Foster, Kirsh, Meacham and Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-125-5 SO AS TO CHANGE WINTHROP COLLEGE TO WINTHROP UNIVERSITY, EFFECTIVE JULY 1, 1992.
Referred to Committee on Education and Public Works.
H. 4198 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-365, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURRENDER OF DRIVER'S LICENSE, SO AS TO PROVIDE FOR ADDITIONAL PENALTIES IF THE LICENSE SURRENDERED IS NOT THE LAST LICENSE ISSUED OR IF THE PERSON APPLIES FOR A DUPLICATE LICENSE AFTER SURRENDER OF THE LICENSE.
Referred to Committee on Education and Public Works.
H. 4199 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEE FOR DUPLICATE FOR LOST OR DESTROYED LICENSE, SO AS TO INCREASE THE FEE FROM FIFTY CENTS TO TEN DOLLARS.
Referred to Committee on Ways and Means.
H. 4200 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-745, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVER'S LICENSE FOR CONVICTION OF A CONTROLLED SUBSTANCE VIOLATION, SO AS TO PROVIDE THAT IF CONVICTED OF AN OFFENSE MANDATING SUSPENSION OF LICENSE WHILE HOLDING A SPECIAL RESTRICTED DRIVER'S LICENSE THEN THE SPECIAL RESTRICTED LICENSE IS REVOKED AND THE REMAINING TIME FOR SUSPENSION UNDER THIS SECTION IS IMPOSED.
Referred to Committee on Education and Public Works.
H. 4202 -- Reps. Klapman, Hallman, Fulmer, Sturkie, Baker, Cooper, Ross, Clyborne, Boan, Harrison, Mattos, Wright, Manly, Cato, Koon, J.W. Johnson, Riser, Sheheen and Jaskwhich: A BILL TO REPEAL SECTION 10-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE HOUSE COMMITTEE AND TO DEVOLVE ITS DUTIES AND RESPONSIBILITIES TO THE JOINT OPERATIONS AND MANAGEMENT COMMITTEE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4203 -- Rep. Altman: A BILL TO AMEND SECTION 56-9-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF FINANCIAL RESPONSIBILITY, SO AS TO PROVIDE ADDITIONAL MEANS OF PROVIDING THE CERTIFICATE TO THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Referred to Committee on Labor, Commerce and Industry.
H. 4204 -- Rep. Altman: A BILL TO AMEND SECTION 12-37-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVER'S LICENSE AND REGISTRATION FOR FAILURE TO PAY PROPERTY TAX ON A MOTOR VEHICLE, SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL DETERMINE THE MANNER OF NOTIFICATION.
Referred to Committee on Education and Public Works.
H. 4205 -- Rep. Waites: A BILL TO AMEND SECTION 20-7-121, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO PROVIDE THAT THE PROGRAM MUST BE ADMINISTERED BY THE STATE WORKERS' COMPENSATION FUND; AND TO AMEND SECTION 5 OF ACT 441 OF 1988, RELATING TO THE ADMINISTRATION OF THIS PROGRAM, SO AS TO DELETE THE PROVISION IN WHICH THE ADMINISTRATION OF THE PROGRAM IS BY THE UNIVERSITY OF SOUTH CAROLINA TRIO PROGRAMS THROUGH A CONTRACT WITH THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 261 -- Senator Fielding: A BILL TO ALTER THE COUNTY LINES OF BERKELEY AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF BERKELEY COUNTY TO CHARLESTON COUNTY AND TO MAKE PROVISIONS FOR LEGAL RECORDS AND TO AMEND SECTION 2-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPORTIONMENT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES INTO SPECIFIED HOUSE DISTRICTS AND SECTION 2-1-60, RELATING TO THE APPORTIONMENT OF MEMBERS OF THE SENATE INTO SPECIFIED SENATORIAL DISTRICTS, SO AS TO DELETE A PORTION OF LAND FROM HOUSE DISTRICT 92 AND SENATORIAL DISTRICT 38 OF DORCHESTER AND BERKELEY COUNTIES AND ADD IT TO HOUSE DISTRICT 117 AND SENATORIAL DISTRICT 41 OF CHARLESTON COUNTY.
Referred to Committee on Judiciary.
S. 414 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-1-220 SO AS TO AUTHORIZE THE SOUTH CAROLINA TAX COMMISSION, COUNTY AUDITORS, ASSESSORS, AND COUNTY BOARDS OF TAX APPEALS, WHERE NOT PROHIBITED BY RULE OF THE SOUTH CAROLINA SUPREME COURT, TO PREPARE AND PRESENT CASES OR APPOINT THEIR EMPLOYEES TO PREPARE AND PRESENT CASES IN ADMINISTRATIVE PROCEEDINGS, TO PROVIDE THAT A TAXPAYER MAY AUTHORIZE ATTORNEYS, CERTIFIED PUBLIC ACCOUNTANTS, APPRAISERS, OR OTHERS TO SPEAK FOR HIM IN ADMINISTRATIVE TAX PROCEEDINGS, TO REQUIRE THE TAXPAYER TO BE PRESENT AT ADMINISTRATIVE TAX PROCEEDINGS EXCEPT WHERE THE TAXPAYER HAS FILED A VALID POWER OF ATTORNEY NAMING AN ATTORNEY OR CERTIFIED PUBLIC ACCOUNTANT AS HIS REPRESENTATIVE, AND TO REQUIRE CORRESPONDENCE AND NOTICES TO BE SENT TO THE TAXPAYERS EXCEPT WHEN HE IS REPRESENTED BY AN ATTORNEY OR CERTIFIED PUBLIC ACCOUNTANT FOR WHOM THE TAXPAYER HAS FILED A POWER OF ATTORNEY.
Referred to Committee on Labor, Commerce and Industry.
S. 554 -- Senator Pope: A BILL TO AMEND CHAPTER 5, TITLE 22, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATE'S POWERS AND DUTIES IN CRIMINAL MATTERS, BY ADDING ARTICLE 11 SO AS TO PROVIDE THAT A PERSON CONVICTED OF A FIRST OFFENSE WITHIN THE JURISDICTION OF MAGISTRATE'S COURT MAY HAVE HIS CRIMINAL RECORD FOR THIS OFFENSE EXPUNGED UNDER CERTAIN CONDITIONS.
Referred to Committee on Judiciary.
The following was introduced:
H. 4201 -- Reps. Keyserling, J. Bailey, Rogers, Whipper, Manly and Waites: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO AMEND THE BUDGET ENFORCEMENT ACT OF 1991 TO ALLOW FOR TRANSFERS OF SAVINGS IN THE MILITARY ACCOUNT TO THE DOMESTIC BUDGET; TO SIGNIFICANTLY REDUCE MILITARY SPENDING TO A LEVEL MORE APPROPRIATE TO THE POST COLD WAR WORLD ENVIRONMENT BY TRANSFERRING THESE SAVINGS TO MEET THE SOCIAL AND ECONOMIC NEEDS OF THIS COUNTRY; AND TO DEVELOP A MECHANISM TO PROVIDE FOR THE TIMELY AND ORDERLY CONVERSION FROM A MILITARY TO A CIVILIAN ORIENTED ECONOMY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4206 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, Anderson, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, Boan, G. Brown, H. Brown, J. Brown, Bruce, K. Burch, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Cromer, Delleney, D. Elliott, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Hallman, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Hodges, Holt, Houck, Huff, Inabinett, Jaskwhich, Jennings, J.C. Johnson, J.W. Johnson, Keegan, Kempe, Kennedy, Keyserling, Kinon, Kirsh, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Riser. Rogers, Ross, Scott, Sharpe, Sheheen, Shirley, Shissias, Smith, Snow, Stoddard, Stone, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. ARTHUR RUST OF LEXINGTON COUNTY, THE FATHER OF ANNE FOSTER OF THE HOUSE STAFF, AND EXTENDING SYMPATHY TO THE FAMILY AND FRIENDS OF MR. RUST.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Barber Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burch, K. Canty Carnell Cato Chamblee Clyborne Cole Cooper Corbett Cork Corning Cromer Delleney Elliott, D. Elliott, L. Fair Farr Foster Fulmer Gentry Glover Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hendricks Hodges Holt Houck Huff Inabinett Jennings Johnson, J.W. Keegan Kempe Kennedy Keyserling Kinon Kirsh Klapman Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McElveen McGinnis McKay McLeod McTeer Meacham Nettles Phillips Quinn Rama Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Wofford Wright Young, A.
I came in after the roll call and was present for the Session on Thursday, January 16.
Thomas N. Rhoad E. Dewitt McCraw Mike Jaskwhich Dell Baker Alma W. Byrd Denny W. Neilson John G. Felder
LEAVE OF ABSENCE
The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.
Announcement was made that Dr. Bart Barone of Charleston is the Doctor of the Day for the General Assembly.
Rep. McTEER, from the Committee on Rules, submitted a favorable report, on:
H. 4081 -- Reps. Sheheen, Bennett, T.C. Alexander, Phillips, Beasley, McTeer, Waldrop, Wilkins and Boan: A HOUSE RESOLUTION TO AMEND RULE 4.16 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE DUTIES OF THE HOUSE LEGISLATIVE ETHICS COMMITTEE, SO AS TO DELETE THE REQUIREMENT FOR LOBBYISTS REGISTERED WITH THE SECRETARY OF STATE TO FILE THE SAME INFORMATION WITH THE COMMITTEE AND TO CHANGE THE REFERENCE TO THE RULES ON DISCIPLINARY PROCEDURE FOR ATTORNEYS TO THE SOUTH CAROLINA APPELLATE COURT RULES; AND TO RESCIND RULE 3.12, RELATING TO THE SUSPENSION OF MEMBERS UPON INDICTMENT FOR A FELONY, RULE 10.9, RELATING TO PLEDGES BY MEMBERS TO CANDIDATES, RULES 11.1-11.10, RELATING TO LOBBYISTS AND LOBBYING, RULES 12.1-12.8, RELATING TO ACCEPTANCE OF COMPENSATION, AND RULE 13.1, RELATING TO CONTEMPT PROCEEDINGS.
On motion of Rep. McTEER, the following House Resolution was taken up for immediate consideration.
H. 4081 -- Reps. Sheheen, Bennett, T.C. Alexander, Phillips, Beasley, McTeer, Waldrop, Wilkins and Boan: A HOUSE RESOLUTION TO AMEND RULE 4.16 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE DUTIES OF THE HOUSE LEGISLATIVE ETHICS COMMITTEE, SO AS TO DELETE THE REQUIREMENT FOR LOBBYISTS REGISTERED WITH THE SECRETARY OF STATE TO FILE THE SAME INFORMATION WITH THE COMMITTEE AND TO CHANGE THE REFERENCE TO THE RULES ON DISCIPLINARY PROCEDURE FOR ATTORNEYS TO THE SOUTH CAROLINA APPELLATE COURT RULES; AND TO RESCIND RULE 3.12, RELATING TO THE SUSPENSION OF MEMBERS UPON INDICTMENT FOR A FELONY, RULE 10.9, RELATING TO PLEDGES BY MEMBERS TO CANDIDATES, RULES 11.1-11.10, RELATING TO LOBBYISTS AND LOBBYING, RULES 12.1-12.8, RELATING TO ACCEPTANCE OF COMPENSATION, AND RULE 13.1, RELATING TO CONTEMPT PROCEEDINGS.
Be it resolved by the House of Representatives:
That Rule 4.16 of the House of Representatives is amended to read:
"4.16 a. The House of Representatives Legislative Ethics Committee, created by Act 191 of 1975, shall have has the following duties in addition to those provided for in such act by statutory law:
(1) upon request of any member, officer, or employee of the House of Representatives, to render advisory opinions with regard to legislative ethics when in its judgment such opinions would serve the public interest.;
(2) to make available annually to the House of Representatives a compilation of the principles set forth in advisory opinions rendered.;
(3) upon the referral by the Speaker of any a matter in which there is an allegation of conduct in contempt of the House or which otherwise violates the House Rules, the committee shall conduct a hearing and report its findings to the Speaker.
b. All papers, documents, and proceedings relating to conduct or disciplinary action against members shall be are confidential and must be handled in the manner prescribed for the disciplinary procedure for attorneys in Rule 413, Section 18 20 of the South Carolina Appellate Court Rules on Disciplinary Procedure for Attorneys unless made public by the committee in a report to the House of Representatives.
c. Lobbyists (as defined in Chapter 17 of Title 2, Code of Laws of South Carolina, 1976), registered or required by law to be registered with the Secretary of State shall be required to file the same information with the Ethics Committee of the House of Representatives."
Be it further resolved that Rules 3.12, 10.9, 11.1-11.10, 12.1-12.8, and 13.1 of the House of Representatives are rescinded.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Barber Baxley Beasley Beatty Bennett Boan Brown, H. Brown, J. Bruce Burch, K. Canty Carnell Cato Chamblee Clyborne Cole Cooper Cork Corning Cromer Delleney Elliott, D. Elliott, L. Fair Farr Foster Fulmer Gentry Glover Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Harvin Haskins Hendricks Hodges Houck Inabinett Jaskwhich Jennings Johnson, J.W. Keegan Kempe Kennedy Keyserling Kirsh Klapman Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McElveen McGinnis McLeod McTeer Meacham Phillips Quinn Rama Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Taylor Townsend Tucker Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
So, the Resolution was adopted.
Rep. G. BROWN moved that when the House adjourns it adjourn in memory of Mr. Boyd Stokes from Lee County, which was agreed to.
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate.
H. 4085 -- Rep. Harwell: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR FISCAL YEAR BEGINNING JULY 1, 1991, AND ENDING JUNE 30, 1992.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4176 -- Reps. Baker, M. O. Alexander, Anderson, Cato, Clyborne, Fair, Haskins, Jaskwhich, Manly, Mattos, Vaughn and Wilkins: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE THE POLLING PLACES FOR PRECINCT 30, JENNINGS MILL, PRECINCT 77, CHESTNUT HILLS, PRECINCT 80, PARAMOUNT, PRECINCT 86, WELLINGTON, AND PRECINCT 90, DEVENGER.
S. 510 -- Senator Bryan: A BILL TO AMEND SECTION 62-5-501, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DURABLE POWER OF ATTORNEY, SO AS TO MAKE VALID IN THIS STATE A DURABLE POWER OF ATTORNEY EXECUTED IN ANOTHER JURISDICTION IF THE DURABLE POWER OF ATTORNEY, WHEN EXECUTED, COMPLIED WITH THE LAW APPLYING TO SUCH INSTRUMENTS IN THE JURISDICTION WHERE IT WAS EXECUTED, AND TO PROVIDE FOR THE RECORDING OF SUCH INSTRUMENTS.
Rep. WILKINS explained the Bill.
S. 341 -- Senators Wilson and Rose: A BILL TO AMEND SECTION 7-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE COMMITTEES OF POLITICAL PARTIES, SO AS TO PROVIDE THAT IN THE CASE OF THE REPUBLICAN AND DEMOCRATIC STATE COMMITTEES, THE PRESIDENTS OF THE SOUTH CAROLINA FEDERATION OF REPUBLICAN WOMEN AND THE SOUTH CAROLINA FEDERATION OF DEMOCRATIC WOMEN ARE EX OFFICIO MEMBERS OF THEIR RESPECTIVE STATE COMMITTEES.
On motion of Rep. BAKER, with unanimous consent, it was ordered that H. 4176 be read the third time tomorrow.
Rep. WILKINS moved to adjourn debate upon the following Bill, which was adopted.
S. 1003 -- Judiciary Committee: A BILL TO ADOPT THE UNITED STATES CENSUS OF 1990 AS THE TRUE AND CORRECT ENUMERATION OF THE INHABITANTS OF THE STATE OF SOUTH CAROLINA; TO AMEND TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-15, RELATING TO APPORTIONMENT OF THE HOUSE OF REPRESENTATIVES, SO AS TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH MEMBERS ARE ELECTED IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 1990; TO FURTHER AMEND TITLE 2 BY ADDING SECTION 2-1-65, RELATING TO APPORTIONMENT OF MEMBERS OF THE SENATE INTO SENATORIAL ELECTION DISTRICTS EFFECTIVE WITH THE 1992 ELECTIONS, SO AS TO REAPPORTION THESE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE ARE ELECTED IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 1990; AND TO AMEND TITLE 7 BY ADDING SECTION 7-19-45, RELATING TO CONGRESSIONAL DISTRICTS, SO AS TO REAPPORTION AND FURTHER PROVIDE FOR THE COMPOSITION OF THE DISTRICTS IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 1990.
The following Bill was taken up.
H. 4158 -- Rep. Manly: A BILL TO AMEND ACT 251 OF 1991, RELATING TO THE TAX MILLAGE FOR THE GREENVILLE COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES MAY LEVY WITHOUT LIMITATION THAT TAX MILLAGE IT CONSIDERS NECESSARY TO PROVIDE FOR THE GENERAL OPERATIONS OF THE DISTRICT, AND TO DELETE CERTAIN PROVISIONS PERTAINING TO THE AUTHORIZED TAX MILLAGE OF THE DISTRICT AND ITS FISCAL AFFAIRS.
Rep. WILKINS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4159 -- Rep. Manly: A BILL TO AMEND ACT 251 OF 1991, RELATING TO THE TAX MILLAGE FOR THE GREENVILLE COUNTY SCHOOL DISTRICT, SO AS TO INCREASE THE AUTHORIZED MILLAGE WHICH MAY BE LEVIED, AND TO DELETE CERTAIN PROVISIONS PERTAINING TO THE AUTHORIZED TAX MILLAGE OF THE DISTRICT AND ITS FISCAL AFFAIRS.
Rep. VAUGHN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4016 -- Rep. Scott: A BILL TO AMEND SECTION 16-13-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF SHOPLIFTING, SO AS TO INCREASE THE VALUE OF THE MERCHANDISE FROM FIFTY DOLLARS TO TWO HUNDRED DOLLARS WHERE THE PUNISHMENT IS LIMITED TO TWO HUNDRED DOLLARS OR THIRTY DAYS.
Rep. L. MARTIN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4035 -- Rep. Burriss: A BILL TO AMEND SECTION 61-13-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE OF ALCOHOLIC LIQUORS DURING CERTAIN PERIODS INCLUDING STATEWIDE ELECTION DAYS, SO AS TO PERMIT THE SALE ON STATEWIDE ELECTION DAYS OF ALCOHOLIC LIQUORS AND BEVERAGES IN SEALED CONTAINERS OF TWO OUNCES OR LESS WHEN SOLD BY AUTHORIZED RETAIL LICENSEES IN THE MANNER PROVIDED BY LAW.
The Judiciary Committee proposes the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18715.SD).
Amend the bill, as and if amended, by striking Section 61-13-380 of the 1976 Code, as contained in Section 1, and inserting:
/Section 61-13-380. It is unlawful to sell any alcoholic liquors on Sunday, on statewide election days or during periods proclaimed by the Governor in the interest of law and order or public morals and decorum. Full authority to proclaim such these periods is hereby conferred upon the Governor in addition to all other powers in him now reposed./
Amend title to conform.
Rep. WILKINS explained the amendment.
Rep. KIRSH made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Upon the withdrawal of an objection by Rep. J. BAILEY the following Bill was taken up.
H. 3741 -- Reps. Altman, Ross, Smith, Quinn, Rogers, Beatty, Barber, Sturkie, Snow, Keegan, Corning, Sharpe, Harvin, Koon, Kempe, Hallman, McLeod, Waites, J. Harris, J. Brown, Manly, D. Williams, Bennett, Cooper, Farr, Corbett, Waldrop, M.O. Alexander, Whipper, L. Elliott, Kirsh, Rhoad, H. Brown, Chamblee, G. Bailey, Houck, Gonzales, Carnell, Cork, Hayes, Meacham, T.C. Alexander, Foster, Marchbanks and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-395 SO AS TO PROHIBIT THE CONSTRUCTION OF PRIVATE STRUCTURES OVER OR ON PRODUCTIVE STATE SHELLFISH BOTTOMS DESIGNATED AS PUBLIC SHELLFISH GROUNDS.
Rep. BENNETT moved to adjourn debate upon the Bill, which was adopted.
Rep. L. MARTIN moved to dispense with the Motion Period.
As a first substitute Rep. PHILLIPS moved to recall H. 4075 from the Education and Public Works Committee and refer it to the Medical, Military, Public and Municipal Affairs Committee, which was agreed to.
Rep. L. MARTIN moved to dispense with the balance of the Motion Period, which was agreed to.
Rep. WILKINS moved to adjourn debate upon the following Joint Resolution until Monday, February 17, which was adopted.
H. 3117 -- Reps. Wilkins, Harwell, Huff, Clyborne, Haskins, Corning and Cato: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE OFFICES OF SECRETARY OF STATE, ATTORNEY GENERAL, STATE TREASURER, SUPERINTENDENT OF EDUCATION, COMPTROLLER GENERAL, COMMISSIONER OF AGRICULTURE, AND ADJUTANT GENERAL, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT HE BE APPOINTED BY THE GOVERNOR FOR A TERM COTERMINOUS WITH THAT OF THE GOVERNOR.
Rep. L. MARTIN moved to adjourn debate upon the following Bill, which was adopted.
H. 3236 -- Rep. McElveen: A BILL TO AMEND SECTION 37-4-203, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORMS AND SCHEDULES OF CONSUMER CREDIT INSURERS, AND SECTION 34-29-160, AS AMENDED, RELATING TO INSURANCE ON SECURITY AND THE BORROWER UNDER THE CONSUMER FINANCE LAW, SO AS TO REDUCE THE RATE FOR COVERAGE.
The following Bill was taken up.
H. 3627 -- Reps. McAbee, Altman, Chamblee, D. Elliott, Felder, Gonzales, Harwell, Holt, Jaskwhich, Keegan, Phillips, Rama, Sharpe, Snow and White: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIONS TAX, SO AS TO PROVIDE FOR THE TAX FOR CERTAIN TOURISM OR RECREATION FACILITIES AND DELETE OBSOLETE LANGUAGE.
Rep. BOAN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\DKA\3349.BD), which was adopted.
Amend the bill, as and if amended, by striking all after the title and inserting:
/Whereas, tourism is a principal industry in South Carolina, and incentives which stimulate the tourism industry contribute to a healthy economy in the State and to the public good generally; and
Whereas, South Carolina has the potential for attracting convention business, a theme park, a large sports complex, or other tourism or recreation attraction of a size and quality as to have a major impact upon the state's economy; and
Whereas, these tourism and recreation facilities require sufficient local resources and multi-jurisdictional cooperation to provide additional infrastructure adequate to accommodate members of the public patronizing the facilities and citizens of South Carolina employed at the facilities; and
Whereas, the purpose of this act is to provide local governments in the region with supplemental sources of funds with which to provide additional infrastructure improvements in areas impacted by major tourism or recreation projects; and
Whereas, in some cases the additional infrastructure improvements require the regional cooperation of local governments in the provision of infrastructure support. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The provision of the first paragraph of Section 12-21-2420 of the 1976 Code which precedes item (1) is amended to read:
"There shall must be levied, assessed, collected, and paid upon all paid admissions to all places of amusement within this State a license tax of seven percent until December 31, 1975; five percent from January 1, 1976, until December 31, 1976; and four percent in each year thereafter; provided, that the tax on admissions to motion picture theaters levied in this section shall not exceed four percent at any time and provided, further, that. However, an amount equal to one-half of the license tax on admissions to a major tourism or recreation facility collected by the South Carolina Tax Commission beginning when the facility is open to the general public and ending fifteen years after the end of the five-year period described in this section must be transferred to the State Treasurer to be deposited into a special tourism infrastructure development fund and distributed pursuant to the approval of the South Carolina Coordinating Council for Economic Development as provided in this section. Deposits into the fund must be separated into special accounts based on which facility generated the transfer. Local units of governments within fifteen miles of a major tourism or recreation facility may apply to the council for infrastructure development grants from the special account for which they are eligible. The amount of the funds received by each of the eligible local governments must be determined by the council based upon its review of a grant application submitted by each government. After approval of a grant application the council may approve the release of funds to eligible local governments. Funds must be used directly or indirectly for additional infrastructure improvements in the order of priority provided in this section. The council shall adopt guidelines to administer the fund including, but not limited to, tourism infrastructure development grant application criteria for review and approval of grant applications. Expenses incurred by the council in administering the fund may be paid from the fund.
For purposes of this section 'major tourism or recreation facility' means an establishment to which an aggregate investment in land and new capital assets or in refurbishing or expanding an existing facility of at least twenty million dollars is made within a five-year period and which is used for a theme park, an amusement park, an historical, an educational, or a trade museum, a botanical or zoological garden, a cultural center, a theater, a motion picture production studio, a convention center, an arena, an auditorium, or a spectator or participatory sports facility and similar establishments. Secondary support facilities such as food and retail services located within or immediately adjacent to and which directly support the primary 'tourism or recreation facility' are included as part of the aggregate investment of at least twenty million dollars for the primary tourism or recreation facility. For purposes of this section and in the following order of priority 'additional infrastructure improvement' means a publicly-owned road, a right-of-way, a bridge, a water and sewer facility, an electric or a gas facility, a landfill or waste treatment facility, a hospital or other medical facility, a fire station, a school, a transportation facility, or similar infrastructure facility, including, but not limited to, a publicly-owned tourism or recreation facility which generated the admissions tax from which funds were paid to a county, municipality, or special purpose district. However, no tax shall may be charged or collected:"
SECTION 2. Section 41-45-20 of the 1976 Code is amended to read:
"Section 41-45-20. (A) The council shall meet at least quarterly and is charged with the duty of enhancing shall enhance the economic growth and development of the State through strategic planning and coordination of the activities of various state and local agencies which shall include:
(a)(1) the development of an annual state plan for economic development;
(b)(2) an annual review of economic development activities for the previous year;
(c)(3) the coordination of economic development activities on the state and local level, based on a partnership between public agencies and private organizations and businesses;
(d)(4) the use of federal funds, foundation grants, and private funds to enhance economic growth and development in the State;
(e)(5) the evaluation of plans and programs in terms of their compatibility with state objectives and priorities.;
(6) approval of infrastructure development grants for local units of government pursuant to Section 12-21-2420.
(B) The council may not engage in the delivery of services."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. McABEE explained the amendment.
The amendment was then adopted.
Rep. McABEE proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\JIC\5826.HC), which was adopted.
Amend the bill, as and if amended, by striking all after the title and inserting:
/Whereas, tourism is a principal industry in South Carolina, and incentives which stimulate the tourism industry contribute to a healthy economy in the State and to the public good generally; and
Whereas, South Carolina has the potential for attracting convention business, a theme park, a large sports complex, or other tourism or recreation attraction of a size and quality as to have a major impact upon the state's economy; and
Whereas, these tourism and recreation facilities require sufficient local resources and multi-jurisdictional cooperation to provide additional infrastructure adequate to accommodate members of the public patronizing the facilities and citizens of South Carolina employed at the facilities; and
Whereas, the purpose of this act is to provide local governments in the region with supplemental sources of funds with which to provide additional infrastructure improvements in areas impacted by major tourism or recreation projects; and
Whereas, in some cases the additional infrastructure improvements require the regional cooperation of local governments in the provision of infrastructure support. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 17, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-2422. An amount equal to one-half of the license tax on admissions to a major tourism or recreation facility collected by the South Carolina Tax Commission beginning when the facility is open to the general public and ending fifteen years after the end of the five-year period described in this section must be transferred to the State Treasurer to be deposited into a special tourism infrastructure development fund and distributed pursuant to the approval of the South Carolina Coordinating Council for Economic Development as provided in this section. Deposits into the fund must be separated into special accounts based on which facility generated the transfer. Local units of governments within five miles of a major tourism or recreation facility may apply to the council for infrastructure development grants from the special account for which they are eligible. The amount of the funds received by each of the eligible local governments must be determined by the council based upon its review of a grant application submitted by each government. After approval of a grant application the council may approve the release of funds to eligible local governments. Funds must be used directly or indirectly for additional infrastructure improvements in the order of priority provided in this section. The council shall adopt guidelines to administer the fund including, but not limited to, tourism infrastructure development grant application criteria for review and approval of grant applications. Expenses incurred by the council in administering the fund may be paid from the fund.
For purposes of this section 'major tourism or recreation facility' means an establishment to which an aggregate investment in land and new capital assets or in refurbishing or expanding an existing facility of at least twenty million dollars is made within a five-year period and which is used for a theme park, an amusement park, an historical, an educational, or a trade museum, a botanical or zoological garden, a cultural center, a theater, a motion picture production studio, a convention center, an arena, an auditorium, or a spectator or participatory sports facility and similar establishments. Secondary support facilities such as food and retail services located within or immediately adjacent to and which directly support the primary 'tourism or recreation facility' are included as part of the aggregate investment of at least twenty million dollars for the primary tourism or recreation facility. For purposes of this section and in the following order of priority 'additional infrastructure improvement' means a publicly-owned road, a right-of-way, a bridge, a water and sewer facility, an electric or a gas facility, a landfill or waste treatment facility, a hospital or other medical facility, a fire station, a school, a transportation facility, or similar infrastructure facility, including, but not limited to, a publicly-owned tourism or recreation facility which generated the admissions tax from which funds were paid to a county, municipality, or special purpose district."
SECTION 2. Section 41-45-20 of the 1976 Code is amended by adding an appropriately lettered item to read:
( ) approval of infrastructure development grants for local units of government pursuant to Section 12-21-2422.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. McABEE explained the amendment.
The amendment was then adopted.
Rep. GONZALES moved to adjourn debate upon the Bill until Thursday, January 23, which was adopted.
The following Bill was taken up.
H. 3590 -- Rep. J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-245 SO AS TO PROVIDE THAT WHEN A UNINSURED MOTOR VEHICLE IS INVOLVED IN AN ACCIDENT WHERE THE INSURED DRIVER OF THE OTHER VEHICLE IS AT FAULT, THE UNINSURED DRIVER, IF ANY, IS ENTITLED TO ACTUAL DAMAGES FOR BODILY INJURY ONLY.
Rep. J. BAILEY moved to recommit the Bill to the Committee on Labor, Commerce and Industry, which was agreed to.
Rep. KIRSH moved to adjourn debate upon the following Bill until Thursday, January 30, which was adopted.
S. 660 -- Senator Waddell: A BILL TO AMEND SECTIONS 9-1-1620, AS AMENDED, 9-9-70, AS AMENDED, AND 9-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT BENEFIT OPTIONS FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT A MEMBER ELECTING A NEW RETIREMENT OPTION AFTER THE DEATH OF A SPOUSE MUST MAKE THE ELECTION BEFORE THE LATER OF JULY 1, 1992, OR THE FIRST ANNIVERSARY OF THE DEATH OF THE SPOUSE AND TO PROVIDE THAT A NEW OPTION MAY BE ELECTED AFTER A CHANGE IN MARITAL STATUS; TO AMEND SECTION 9-8-70, RELATING TO THE RETIREMENT BENEFIT OPTION FOR MEMBERS OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO ALLOW MULTIPLE BENEFICIARIES; AND TO AMEND SECTION 9-11-25, RELATING TO THE AUTHORITY FOR ALLOWING PROBATE JUDGES TO PARTICIPATE IN THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO DELETE THE SEPARATE PAYMENT PROVISIONS.
Rep. RAMA moved to adjourn debate upon the following Bill until Thursday, January 30, which was adopted.
H. 3314 -- Reps. Rama, Whipper, Keyserling, J. Bailey, Houck, Waites, Jaskwhich, Wilkes and Beatty: A BILL TO AMEND SECTION 59-63-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWING CORPORAL PUNISHMENT IN THE PUBLIC SCHOOLS OF THIS STATE, SO AS TO PROHIBIT CORPORAL PUNISHMENT, PROVIDE EXCEPTIONS, AND DEFINE "CORPORAL PUNISHMENT".
The following Bill was taken up.
H. 3536 -- Rep. Corning: A BILL TO AMEND TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOL AND ALCOHOLIC BEVERAGES, BY ADDING CHAPTER 10 SO AS TO PROVIDE FOR THE ESTABLISHMENT, OPERATION, AND LICENSING OF BREWPUBS, THE PROMULGATION OF REGULATIONS, INCLUDING FEES, AND PENALTIES.
Rep. CORNING explained the Bill.
Pursuant to Rule 7.7 the yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Anderson Bailey, G. Bailey, J. Barber Baxley Brown, J. Burch, K. Byrd Carnell Cole Corbett Cork Corning Cromer Delleney Elliott, D. Elliott, L. Farr Fulmer Glover Gonzales Hallman Harrelson Harris, J. Harrison Harvin Harwell Houck Inabinett Jaskwhich Jennings Kempe Kennedy Keyserling Martin, D. Martin, L. Martin, M. McKay Phillips Quinn Rama Ross Rudnick Scott Sheheen Shirley Shissias Taylor Waites Waldrop White Wilder Williams, D. Williams, J. Young, R.
Those who voted in the negative are:
Alexander, M.O. Baker Beatty Brown, G. Brown, H. Bruce Canty Cato Chamblee Clyborne Cooper Fair Foster Haskins Holt Huff Keegan Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Mattos McAbee McCraw McElveen McGinnis McLeod Meacham Neilson Riser Sharpe Smith Stoddard Stone Sturkie Townsend Vaughn Wells Whipper Wilkins Wofford Young, A.
So, the Bill was read the second time and ordered to third reading.
The following was introduced:
H. 4207 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 1003, RELATING TO REAPPORTIONMENT, FOR SECOND READING OR OTHER CONSIDERATION AT 2:00 P.M. ON TUESDAY, JANUARY 21, 1992, AND TO PROVIDE, FOLLOWING THE CALL OF THE SECOND READING UNCONTESTED CALENDAR ON EACH LEGISLATIVE DAY, FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 1003 UNTIL THIRD READING OR OTHER DISPOSITION; AND TO SET BY SPECIAL ORDER H. 3836, RELATING TO CONGRESSIONAL REAPPORTIONMENT, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING THIRD READING OR OTHER DISPOSITION OF S. 1003 AND TO PROVIDE, FOLLOWING THE CALL OF THE SECOND READING UNCONTESTED CALENDAR ON EACH LEGISLATIVE DAY, FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 3836 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That S. 1003, relating to reapportionment, is set by special order for second reading or other consideration at 2:00 p.m. on Tuesday, January 21, 1992, and to provide, following the call of the second reading uncontested calendar on each legislative day, for the continuing special order consideration of S. 1003 until third reading or other disposition.
Be it further resolved that H. 3836, relating to congressional reapportionment, is set by special order for second reading or other consideration immediately following third reading or other disposition of S. 1003 and to provide, following the call of the second reading uncontested calendar on each legislative day, for the continuing special order consideration of H. 3836 until third reading or other disposition.
Rep. McTEER explained the House Resolution.
The Resolution was adopted.
Rep. WILKINS moved that the House recur to the morning hour, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4208 -- Reps. Sheheen, Wilkins, T. C. Alexander, Bennett, Boan, McTeer, Phillips and Waldrop: A BILL TO AMEND SECTION 7-19-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONGRESSIONAL DISTRICTS, SO AS TO REAPPORTION AND FURTHER PROVIDE FOR THE COMPOSITION OF THE DISTRICTS IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 1990.
Referred to Committee on Judiciary.
H. 4209 -- Reps. Sheheen, Wilkins, T. C. Alexander, Bennett, Boan, McTeer, Phillips and Waldrop: A BILL TO ADOPT THE UNITED STATES CENSUS OF 1990 AS THE TRUE AND CORRECT ENUMERATION OF THE INHABITANTS OF THE STATE OF SOUTH CAROLINA, AND TO AMEND SECTION 2-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPORTIONMENT OF THE HOUSE OF REPRESENTATIVES, SO AS TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH MEMBERS ARE ELECTED IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 1990.
Referred to Committee on Judiciary.
H. 4210 -- Reps. Phillips and Kirsh: A BILL TO AMEND SECTION 59-26-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE AREAS OF NEED WHICH JUSTIFY CANCELLATION OF A SOUTH CAROLINA STUDENT LOAN AT A SPECIFIED RATE, TO PROVIDE THAT BEGINNING JULY 1, 1989, RECIPIENTS OF THESE LOANS MAY HAVE THEIR LOANS CANCELED AT AN ACCELERATED RATE IF THEY TEACH IN BOTH AN ACADEMIC CRITICAL NEED AREA AND IN A GEOGRAPHIC NEED AREA, AND TO PROVIDE FOR THE CANCELLATION AT AN ACCELERATED RATE BEGINNING JULY 1, 1990, OF LOANS GRANTED UNDER THE GOVERNOR'S TEACHING SCHOLARSHIP LOAN PROGRAM UNDER CERTAIN CONDITIONS.
Referred to Committee on Education and Public Works.
H. 4211 -- Reps. Sharpe, Sturkie, Smith, Huff, Klapman, Harvin, Bennett, J. Harris, Kennedy, Stone and Wilder: A BILL TO AMEND SECTION 24-13-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED A VIOLENT CRIME, SO AS TO PROVIDE AN EXCEPTION TO THIS PROHIBITION.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4212 -- Rep. Cromer: A BILL TO REGULATE 900 AND 900-TYPE TELEPHONE OR TELECOMMUNICATIONS BUSINESSES OR ENTITIES, INCLUDING PAY-PER-CALL INFORMATION SERVICES, WHICH ADVERTISE OR PROMOTE THEIR SERVICES IN CONNECTION WITH ACTUAL OR POTENTIAL JOBS OR EMPLOYMENT OPPORTUNITIES AND DISSEMINATE OR PURPORT TO DISSEMINATE JOB OR EMPLOYMENT RELATED INFORMATION FOR COMPENSATION, TO ESTABLISH A MISDEMEANOR OFFENSE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Labor, Commerce and Industry.
Rep. L. MARTIN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4206 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, Anderson, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, Boan, G. Brown, H. Brown, J. Brown, Bruce, K. Burch, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Cromer, Delleney, D. Elliott, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Hallman, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Hodges, Holt, Houck, Huff, Inabinett, Jaskwhich, Jennings, J.C. Johnson, J.W. Johnson, Keegan, Kempe, Kennedy, Keyserling, Kinon, Kirsh, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Riser. Rogers, Ross, Scott, Sharpe, Sheheen, Shirley, Shissias, Smith, Snow, Stoddard, Stone, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. ARTHUR RUST OF LEXINGTON COUNTY, THE FATHER OF ANNE FOSTER OF THE HOUSE STAFF, AND EXTENDING SYMPATHY TO THE FAMILY AND FRIENDS OF MR. RUST.
At 11:12 A.M. the House in accordance with the motion of Rep. G. BROWN adjourned in memory of Mr. Boyd Stokes from Lee County, to meet at 10:00 A.M. tomorrow.
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