Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index
| Printed Page 4000, Apr. 5 | Printed Page 4020, Apr. 5 |
Printed Page 4013 . . . . . Tuesday, April 5, 1994

H. 5014 -- Reps. Kelley, Keegan and Witherspoon: A BILL TO AMEND SECTION 12-27-270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM THE GASOLINE TAX ON GASOLINE SALES FOR STATE-OWNED SCHOOL BUSES AND OTHER PUPIL TRANSPORTATION PROGRAMS, SO AS TO EXTEND THE EXEMPTION TO BUSES USED IN THE HEAD START PROGRAM; AND TO AMEND SECTION 12-29-325, RELATING TO THE EXEMPTION FROM THE MOTOR FUEL TAX ON MOTOR FUEL SALES FOR STATE-OWNED SCHOOL BUSES AND OTHER PUPIL TRANSPORTATION PROGRAMS, SO AS TO EXTEND THE EXEMPTION TO BUSES USED IN THE HEAD START PROGRAM.

Referred to Committee on Ways and Means.

H. 5015 -- Rep. Harrison: A BILL TO AMEND SECTION 58-17-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A PURCHASER OF A RAILROAD SHALL REORGANIZE AND COMMENCE OPERATION WITHIN SIXTY DAYS, SO AS TO PROVIDE THAT A PURCHASE FOR PURPOSES OF THIS SECTION INCLUDES A FORECLOSURE AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ACQUISITIONS OF RAILROADS BY MERGER OR CONSOLIDATION, AND TO AMEND SECTIONS 58-17-610 AND 58-17-620, RELATING TO MERGER OR CONSOLIDATION OF RAILROAD COMPANIES, SO AS TO PROVIDE THAT THE MERGER OF RAILROAD COMPANIES AND THE PROCEDURES THEREFOR SHALL BE GOVERNED BY THE PROVISIONS OF THE SOUTH CAROLINA BUSINESS CORPORATION ACT, AND THE CONSOLIDATION OF RAILROAD COMPANIES AND THE PROCEDURES THEREFOR SHALL CONTINUE TO BE GOVERNED BY THE PROVISIONS OF THE GENERAL RAILROAD LAW.

Referred to Committee on Labor, Commerce and Industry.

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H. 5016 -- Rep. Robinson: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO EXCLUDE FROM THE DEFINITION FEES IMPOSED ON THE SALE OF MOTOR OIL, NEW TIRES, LEAD-ACID BATTERIES, AND WHITE GOODS PURSUANT TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991.

Referred to Committee on Ways and Means.

H. 5017 -- Rep. J. Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-165 SO AS TO REQUIRE PARTIES IN A DIVORCE ACTION TO ATTEND AND COMPLETE A SEMINAR ADDRESSING THE EFFECT OF DIVORCE ON CHILDREN BEFORE A DIVORCE MAY BE GRANTED.

Referred to Committee on Judiciary.

H. 5018 -- Rep. J. Wilder: A BILL TO AMEND SECTION 59-32-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPREHENSIVE HEALTH EDUCATION ACT DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "FAMILY LIFE EDUCATION" TO INCLUDE PARENTING SKILLS, AND TO AMEND SECTION 59-32-30, RELATING TO IMPLEMENTATION, GUIDELINES, AND RESTRICTIONS ON THE COMPREHENSIVE HEALTH EDUCATION PROGRAM, SO AS TO REQUIRE FAMILY LIFE EDUCATION FOR CERTAIN GRADE LEVELS.

On motion of Rep. J. WILDER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 5019 -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-115-15 SO AS TO ADD THE DEFINITION OF "HEALTH CARE PROVIDER"; AND TO AMEND TITLE 44, CHAPTER 115, RELATING TO THE PHYSICIANS' PATIENT RECORDS ACT, SO AS TO CHANGE THIS CHAPTER TO THE "PATIENT MEDICAL RECORDS ACT" AND TO CHANGE REFERENCES FROM

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"PHYSICIAN" TO "HEALTH CARE PROVIDER" THROUGHOUT THE CHAPTER.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 5020 -- Reps. Houck, Harwell, McKay and Hines: A BILL TO AMEND ACT 92 OF 1924, AS AMENDED, RELATING TO THE PARK COMMISSION FOR THE CITY OF FLORENCE, SO AS TO DECREASE THE MEMBERSHIP FROM SIXTEEN TO SEVEN AND TO PROVIDE FOR THEIR ELECTION AND STAGGERED TERMS.

On motion of Rep. McKAY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 5021 -- Rep. Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3005 SO AS TO PROVIDE THAT UPON LICENSING, APPROVAL, OR REGISTRATION A CHILD DAY CARE FACILITY SHALL PROVIDE PROOF OF CONFORMING WITH LOCAL ZONING ORDINANCES; AND TO AMEND SECTION 20-7-3020, RELATING TO REQUIREMENTS FOR ISSUING A PROVISIONAL LICENSE, REGISTRATION OR APPROVAL, SO AS TO DELETE AN OBSOLETE REFERENCE.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 5022 -- Rep. Cromer: A BILL TO AMEND SECTION 56-3-1975, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION OF HANDICAPPED PARKING SPACES, SO AS TO PROVIDE THAT A VEHICLE PROPERLY DISPLAYING A DISTINGUISHING LICENSE PLATE OR PLACARD FOR THE HANDICAPPED MAY BE PARKED IN ANY PARKING SPACE IDENTIFIED AS A HANDICAPPED PARKING SPACE.

Referred to Committee on Education and Public Works.

H. 5023 -- Reps. Sturkie, Koon, H. Brown, Law, Hallman, Littlejohn, Shissias, Corning, G. Bailey, Scott, Sharpe, Wright, Hutson, R. Smith, Stille, J. Brown, McLeod, Witherspoon, Quinn, Stuart, Riser, P. Harris, Lanford, Trotter, Cobb- Hunter, Wells, Davenport and Jaskwhich: A BILL TO AMEND CHAPTER 36 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 SO AS TO ENACT THE PROPERTY TAX RELIEF SALES TAX ACT WHICH

Printed Page 4016 . . . . . Tuesday, April 5, 1994
IMPOSES AN ADDITIONAL THREE AND ONE-HALF PERCENT SALES TAX, THE REVENUE FROM WHICH SHALL BE USED TO REDUCE AND ELIMINATE AD VALOREM PROPERTY TAXES ON A PHASED-IN BASIS; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO REVISE AND DELETE CERTAIN EXEMPTIONS AND ADD AN EXEMPTION PERTAINING TO THE SALE OF UNPREPARED FOOD; TO AMEND SECTION 12-36-2110, RELATING TO THE MAXIMUM SALES TAX ON THE SALE OR LEASE OF CERTAIN ITEMS, SO AS TO PROVIDE THAT SUCH MAXIMUM TAX INSTEAD OF THREE HUNDRED DOLLARS FOR THE SALE OF SPECIFIED ITEMS SHALL BE FOUR AND ONE-HALF PERCENT OF THE SALES PRICE, AND TO REPEAL CHAPTER 10 OF TITLE 4 RELATING TO THE LOCAL OPTION SALES TAX, CHAPTER 27 OF TITLE 6 RELATING TO THE STATE AID TO SUBDIVISIONS ACT, SECTIONS 4-29-67 THROUGH 4-29-80 RELATING TO FEES IN LIEU OF TAXES AND SPECIAL SOURCE REVENUE BONDS, AND SECTIONS 12-37-250 THROUGH 12-37-295 RELATING TO HOMESTEAD EXEMPTIONS AND THE REIMBURSEMENT TO COUNTIES AND OTHER POLITICAL SUBDIVISIONS FOR REVENUE LOST AS A RESULT OF THESE EXEMPTIONS.

Rep. SCOTT asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. KIRSH objected.

Referred to Committee on Ways and Means.

S. 226 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE LEASE-PURCHASE OR LEASE-BACK AGREEMENTS INVOLVING REAL PROPERTY ENTERED INTO BY THE STATE OR POLITICAL SUBDIVISIONS OF THE STATE WHEREIN THE STATE OR POLITICAL SUBDIVISION IS THE LESSEE CONSTITUTES GENERAL OBLIGATION DEBT FOR THE PERIOD OF THE LEASE AND TO PROVIDE THAT THIS GENERAL OBLIGATION DEBT MAY NOT VIOLATE THE CONSTITUTIONAL DEBT LIMITATIONS APPLICABLE TO THE STATE OR POLITICAL SUBDIVISION UNDER ARTICLE X OF THE STATE CONSTITUTION.

On motion of Rep. BOAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

Printed Page 4017 . . . . . Tuesday, April 5, 1994
S. 742 -- Senator Land: A BILL TO AMEND SECTION 12-4-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE SOUTH CAROLINA TAX COMMISSION WITH RESPECT TO THE APPRAISAL, ASSESSMENT, AND EQUALIZATION OF CERTAIN BUSINESS PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO PROVIDE THAT THE COMMISSION SHALL PERFORM SUCH FUNCTIONS FOR ONLY THOSE DISTRIBUTION FACILITIES WITH MORE THAN ONE HUNDRED THOUSAND SQUARE FEET OF BUILDING SPACE OR WHICH QUALIFY FOR THE DISTRIBUTION FACILITY EXEMPTION; TO PROVIDE THAT THE COMMISSION SHALL PERFORM THESE FUNCTIONS FOR ENTERPRISES ENGAGED IN RESEARCH AND DEVELOPMENT ACTIVITIES AND TRANSPORTATION COMPANIES FOR HIRE, TO PROVIDE THAT THE VALUE OF PROPERTY ASSESSED BY THE UNIT VALUATION METHOD MUST BE DISTRIBUTED ON THE BASIS OF GROSS INVESTMENT EXCEPT WHERE OTHERWISE STATED, AND TO PROVIDE FOR THE APPRAISAL AND ASSESSMENT OF LEASED PROPERTY.

Referred to Committee on Ways and Means.

S. 861 -- Senator Greg Smith: A BILL TO AMEND SECTION 38-75-310(5), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINDSTORM AND HAIL INSURANCE, SO AS TO INCLUDE THE MURRELLS INLET PORTION OF GEORGETOWN COUNTY IN THE DEFINITION OF COASTAL AREA.

Referred to Committee on Labor, Commerce and Industry.

S. 896 -- Senators Hayes, Peeler, Gregory and Short: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE YORK COUNTY CONVENTION AND VISITORS BUREAU/VISITOR INFORMATION CENTER.

Referred to Committee on Invitations and Memorial Resolutions.

S. 920 -- Senators Leventis, J. Verne Smith, Thomas, Courson, Passailaigue, Giese, Lander, Reese, Rose and Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL

Printed Page 4018 . . . . . Tuesday, April 5, 1994
PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE IN THE CASE OF TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN-ACRE REQUIREMENT DOES NOT APPLY IF THERE IS AT LEAST ONE THOUSAND DOLLARS OF GROSS FARM INCOME FOR AT LEAST THREE OF THE FIVE TAXABLE YEARS PRECEDING THE APPLICATION FOR AGRICULTURAL USE, TO MAKE NEW OWNERS OF LESS THAN TEN ACRES ELIGIBLE FOR AGRICULTURAL USE SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATION, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT IN THE CASE OF LEASE OPERATIONS, THE LESSOR OR LESSEE SHALL MEET THE REQUIREMENTS, AND TO REQUIRE APPLICANTS FOR AGRICULTURAL USE OR THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS TO CERTIFY THAT THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS AND PROVIDE A PENALTY; AND TO IMPOSE A CHANGE OF USE PENALTY IN AN AMOUNT EQUAL TO TWENTY-FIVE DOLLARS ON PROPERTY CHANGED FROM AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.

Rep. McTEER asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. H. BROWN objected.

Referred to the Committee on Ways and Means.

S. 967 -- Senators Ryberg and Leventis: A BILL TO AMEND SECTION 12-51-96, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REDEMPTION OF MOBILE AND MODULAR HOMES AFTER DELINQUENT TAX SALES, SO AS TO PROVIDE

Printed Page 4019 . . . . . Tuesday, April 5, 1994
FOR A MAXIMUM AMOUNT THAT MAY BE CHARGED AS RENT WHEN AN OWNER REDEEMS A MOBILE OR MODULAR HOME.

Referred to Committee on Ways and Means.

S. 1156 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2331 TO ARTICLE 25, CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF MANUFACTURER LICENSE PLATES; AND BY ADDING SECTION 12-37-2722 SO AS TO PROVIDE A PROPERTY TAX EXEMPTION FOR VEHICLES ON WHICH A MANUFACTURER LICENSE PLATE IS USED.

Referred to Committee on Education and Public Works.

S. 1180 -- Senators Bryan, Elliott, Washington, Hayes, Jackson and Thomas: A JOINT RESOLUTION TO ESTABLISH A PILOT PROJECT FOR SCHOOL-BASED COUNSELING SERVICES.

Rep. MATTOS asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.

Rep. FAIR objected.

Referred to the Committee on Education and Public Works.

S. 1212 -- Senators Setzler and Giese: A BILL TO AMEND SECTION 8-17-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO REVISE THE DEFINITION OF A "PROBATIONARY EMPLOYEE", AS IT RELATES TO FACULTY AT STATE TECHNICAL COLLEGES, AND TO CLARIFY THIS DEFINITION'S EFFECTIVE DATE.

Referred to Committee on Ways and Means.

S. 1251 -- Senators Giese and Wilson: A BILL TO AMEND SECTION 12-45-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME FOR PAYING PROPERTY TAXES AND THE MANNER OF COLLECTION OF THESE TAXES, SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO ALLOW THE PAYMENT OF PROPERTY TAXES ON AN INSTALLMENT BASIS IN HARDSHIP CASES, TO DEFINE HARDSHIP CASES, AND TO PROVIDE THAT

Printed Page 4020 . . . . . Tuesday, April 5, 1994
THE COUNTY TREASURER SHALL DETERMINE ELIGIBILITY ON A CASE-BY-CASE BASIS.

Referred to Committee on Ways and Means.

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