Journal of the House of Representatives
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 2003 . . . . . Tuesday, April 9, 1996
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 4835 -- Reps. Robinson, Herdklotz, Waldrop, Fulmer, Sandifer, Marchbanks, Rice, Haskins, Trotter and Harrell: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL EXEMPTION FROM AD VALOREM TAXES, SO AS TO PROVIDE TECHNICAL CHANGES, SUBSTITUTE "WATERCRAFT" FOR "BOATS", TO PROVIDE THE MAXIMUM ASSESSMENT FOR WATERCRAFT THAT ARE EXEMPT FROM AD VALOREM TAXES, AND TO PROVIDE AN AD VALOREM TAX EXEMPTION FOR WATERCRAFT TRAILERS; TO AMEND SECTION 12-37-252, RELATING TO THE CLASSIFICATION AND ASSESSMENT OF PROPERTY QUALIFYING FOR EXEMPTION UNDER SECTION 12-37-250, SO AS TO PROVIDE THAT A PERSON QUALIFYING FOR THIS EXEMPTION ALSO MAY QUALIFY FOR A HOMESTEAD EXEMPT TAX REFUND; TO AMEND SECTION 12-37-275, RELATING TO THE DATE FOR SUBMISSION FOR REQUESTS FOR REIMBURSEMENT FOR CERTAIN UNCOLLECTED TAXES, SO AS TO PROVIDE FOR THE TREATMENT OF ACCOUNTS COVERED BY THIS PROVISION; TO AMEND SECTION 12-37-610, RELATING TO LIABILITY FOR PAYMENT OF PROPERTY TAXES, SO AS TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO THE VALUATION OF PROPERTY, DEPRECIATION ALLOWANCES FOR MANUFACTURER'S MACHINERY AND EQUIPMENT, AND ADJUSTMENTS IN CERTAIN ALLOWANCES, SO AS TO PROVIDE TECHNICAL CHANGES, SUBSTITUTE "WATERCRAFT AND AIRCRAFT" FOR "BOATS AND AIRPLANES" AND TO PROVIDE THAT THIS PROVISION APPLIES TO CERTAIN WATERCRAFT AND AIRCRAFT; TO AMEND SECTION 12-43-217, AS AMENDED, RELATING TO THE CONDUCTING OF CERTAIN PROPERTY REASSESSMENTS, SO AS TO REVISE THE REASSESSMENT PERIOD; TO AMEND SECTION 12-43-220, AS AMENDED,

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RELATING TO CERTAIN ASSESSMENT RATIOS FOR PROPERTY SUBJECT TO AD VALOREM TAXATION, PROCEDURES FOR CLAIMING CERTAIN AD VALOREM TAXATION CLASSIFICATIONS AND THE ROLL-BACK OF CERTAIN TAXES, SO AS TO PROVIDE CERTAIN TECHNICAL CHANGES, THAT A TAXPAYER MAY RECEIVE THE FOUR PERCENT ASSESSMENT ON ONE RESIDENCE FOR ANY TAX YEAR, AND THAT STANDING TIMBER WILL NOT BE USED IN DETERMINING FAIR MARKET VALUE FOR CERTAIN REAL PROPERTY; TO AMEND SECTION 12-51-40, AS AMENDED, RELATING TO EXECUTION COSTS, THE LEVY OF A WARRANT OR EXECUTION, A NOTICE OF DELINQUENT TAXES, SEIZURE OF PROPERTY, AND AN ADVERTISEMENT OF SALE, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 12-51-55, RELATING TO THE REQUIRED BID ON BEHALF OF FORFEITED LAND COMMISSION WHEN PROPERTY IS SOLD FOR NONPAYMENT OF AD VALOREM TAXES, SO AS TO PROVIDE THE PROCEDURE FOR DISPOSING OF CONTAMINATED REAL PROPERTY; TO AMEND SECTION 12-60-2510, RELATING TO PROPERTY TAX ASSESSMENT NOTICES, SO AS TO REVISE THE DATE WHEN TAX ASSESSMENT NOTICES MUST BE MAILED, AND TO ELIMINATE CERTAIN INFORMATION FROM A PROPERTY TAX ASSESSMENT NOTICE; TO AMEND SECTION 12-60-2910, RELATING TO A REQUEST TO MEET WITH AN AUDITOR REGARDING A PERSONAL PROPERTY TAX ASSESSMENT, AND A WRITTEN PROTEST FOLLOWING THE MEETING, SO AS TO REVISE THE PERIOD WHEN A PERSON MAY MEET WITH AN AUDITOR.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4878 -- Reps. Phillips and McCraw: A HOUSE RESOLUTION TO COMMEND MR. PAUL B. DOBBINS, JR., A SALES EXECUTIVE WITH VULCAN MATERIALS COMPANY, FOR HIS MANY YEARS OF DISTINGUISHED SERVICE AS A BUSINESS AND CIVIC LEADER IN CHEROKEE COUNTY UPON THE OCCASION OF HIS RETIREMENT.

The Resolution was adopted.

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CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

H. 4879 -- Rep. Tucker: A CONCURRENT RESOLUTION DECLARING FRIDAY, APRIL 19, 1996, AS "SOUTH CAROLINA HOSPITAL ASSOCIATION DAY".

Whereas, the South Carolina Hospital Association has spent the past seventy-five years working to sustain and improve the health status of the state's citizens while addressing the problems of access and cost; and

Whereas, the South Carolina Hospital Association is committed to working with other health care professionals, community leaders, elected officials, educators, religious leaders, and employers to create better, healthier, safer communities; and

Whereas, the South Carolina Hospital Association strives to help the state's communities make the transition from a model of acute, episodic care to one which embraces wellness, education, and prevention; and

Whereas, South Carolina's hospitals and health systems have an enormous impact on the economic health of their communities, often serving as their areas' largest employers; and

Whereas, the South Carolina Hospital Association has served as an invaluable forum for a host of issues critical to the state's hospitals and health systems; and

Whereas, the South Carolina Hospital Association has led the way in introducing new ideas and critically needed services to the State, such as a statewide Emergency Medical Service system, including standardized training and certification programs for EMS technicians. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, declares Friday, April 19, 1996, as "South Carolina Hospital Association Day."

Be it further resolved that a copy of this resolution be forwarded to Mr. Jay Cox, Chairman, South Carolina Hospital Association, PO Box 6009, West Columbia, South Carolina 29171.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

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CONCURRENT RESOLUTION

The following was introduced:

H. 4880 -- Rep. Richardson: A CONCURRENT RESOLUTION CONGRATULATING MARGARET GIGNILLIAT CLAY ON BEING SELECTED THE JUNIOR ACHIEVEMENT SMALL BUSINESS STUDENT OF THE YEAR FOR RICHLAND COUNTY.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

On motion of Rep. SPEARMAN, with unanimous consent, the following was taken up for immediate consideration:

H. 4881 -- Reps. Spearman, Allison and Wells: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 13, 1996, AND FRIDAY, JUNE 14, 1996.

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

That the Palmetto Girls State is authorized to use the Chamber of the Senate and the Chamber of the House of Representatives on Thursday, June 13, 1996, from 9:00 a.m. to 12:30 p.m., and on Friday, June 14, 1996, from 2:00 p.m. to 4:30 p.m. for its annual legislative day activity. If either House is in statewide session, the chamber of that House may not be used. If the renovation to the State House or the relocation of the personnel to the Carolina Plaza renders either or both of these locations unsuitable in the judgment of the Clerks of the Senate and the House of Representatives, the unsuitable location may not be used. In that case, the clerks shall make an effort to fully accommodate the participants in the Gressette and Blatt Buildings.

Be it further resolved that the State House security forces provide assistance and access as is necessary for this meeting in accordance with previous procedures.

Be it further resolved that no charges may be made for the use of the Senate and House chambers by Palmetto Girls State on these dates.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

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HOUSE RESOLUTION

On motion of Rep. McKAY, with unanimous consent, the following was taken up for immediate consideration:

H. 4882 -- Rep. McKay: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA INDEPENDENT SCHOOLS STUDENT ASSOCIATION TO USE THE HOUSE CHAMBER ON TUESDAY, SEPTEMBER 17, 1996, FOR ITS MEETING AND CONFERENCE.

Be it resolved by the House of Representatives:

That the South Carolina Independent Schools Student Association may use the chamber of the House of Representatives on Tuesday, September 17, 1996, for its meeting and conference. If the House is in statewide session, the chamber may not be used.

Be it further resolved that the appropriate security forces provide such assistance and access as may be necessary for this meeting in accordance with previous procedures.

Be it further resolved that no expenses may be charged to the South Carolina Independent Schools Student Association for the use of the chamber.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1341 -- Senators Leventis and Land: A CONCURRENT RESOLUTION TO CONGRATULATE THE UNIVERSITY OF SOUTH CAROLINA AT SUMTER FOR OVER THIRTY YEARS OF SERVICE AS AN INSTITUTION OF HIGHER LEARNING SERVING SUMTER AND ITS SURROUNDING COMMUNITIES.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 4883 -- Rep. Kirsh: A BILL TO AMEND SECTIONS 9-9-40 AND 9-9-60, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERSHIP IN AND ELIGIBILITY FOR BENEFITS UNDER THE RETIREMENT SYSTEM

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FOR MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO ELIMINATE PROSPECTIVELY THE RECEIPT OF RETIREMENT BENEFITS UNDER THIS SYSTEM FOR MEMBERS CURRENTLY IN EMPLOYMENT COVERED BY THE SOUTH CAROLINA RETIREMENT SYSTEM OR THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM, AND TO REPEAL PROSPECTIVELY SECTION 9-8-125, RELATING TO THE ELIGIBILITY FOR A MEMBER OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS WHO HAS ATTAINED AGE SIXTY-FIVE AND IS OTHERWISE QUALIFIED TO RECEIVE RETIREMENT BENEFITS FROM THE GENERAL ASSEMBLY RETIREMENT SYSTEM.

Referred to Committee on Ways and Means.

H. 4884 -- Reps. McElveen and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON WHO IS INCARCERATED TO COMMUNICATE TO ANOTHER PERSON HIS INTENT TO COMMIT A CRIME ONCE HE IS RELEASED FROM CUSTODY AND TO PROVIDE PENALTIES.

Referred to Committee on Judiciary.

H. 4885 -- Rep. Cromer: A BILL TO AMEND SECTION 44-96-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSAL OF WASTE TIRES AND FEES ASSESSED ON THE SALE OF NEW TIRES, SO AS TO REQUIRE THAT SALES TAX MUST BE IMPOSED ON THE COST OF A NEW TIRE BEFORE THE TWO DOLLAR FEE IS IMPOSED ON THE SALE OF THE TIRE.

Referred to Committee on Ways and Means.

H. 4886 -- Rep. Wright: A BILL TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES AND THEIR JURISDICTION, TRAINING, AND CERTIFICATION, SO AS TO PROVIDE THAT THE GOVERNOR SHALL NOT REAPPOINT A MAGISTRATE WHO HAS FAILED TO COMPLETE THE REQUIRED TRAINING PROGRAM OR TO PASS THE REQUIRED CERTIFICATION EXAMINATION TO A NEW TERM OR TO FILL A VACANCY IN AN EXISTING TERM.

Referred to Committee on Judiciary.

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H. 4889 -- Reps. Robinson, Rice, Cromer, Trotter, Harrison and Marchbanks: A BILL TO AMEND SECTION 7-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT MEMBERS AND EMPLOYEES MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-35, AS AMENDED, RELATING TO ELECTION AND REGISTRATION COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS AND EMPLOYEES MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION AND DELETE THE REFERENCE TO A SEVEN MEMBER COMMISSION AND MAKE THE SECTION APPLY ONLY TO A COMBINED COMMISSION; AND TO AMEND SECTION 7-13-70, AS AMENDED, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION AND MANAGERS OF ELECTION, SO AS TO PROVIDE THAT COMMISSIONERS AND EMPLOYEES MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION, TO FURTHER DELETE PROVISIONS RELATING TO THE APPOINTMENT OF MANAGERS.

Referred to Committee on Judiciary.

S. 947 -- Senators Jackson and Washington: A JOINT RESOLUTION TO ESTABLISH AN AFRICAN AMERICAN HISTORY MONUMENT TO BE ERECTED ON THE STATE HOUSE GROUNDS AND TO CREATE A COMMISSION TO SELECT THE DESIGN AND PLACEMENT OF THE MONUMENT.

Referred to Committee on Education and Public Works.

S. 1190 -- Senator Passailaigue: A JOINT RESOLUTION TO PROVIDE THAT THE REMAINING AMOUNT OF THE LOAN APPROVED BY THE STATE TREASURER AND EXECUTED ON BEHALF OF THE CITY OF CHARLESTON THROUGH THE PATRIOT'S POINT DEVELOPMENT AUTHORITY FROM FUNDS MADE AVAILABLE PURSUANT TO SECTION 51-13-860, EQUAL TO FOUR HUNDRED THOUSAND DOLLARS, MUST BE LOANED FOR A PERIOD NOT TO EXCEED THREE YEARS AT AN

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INTEREST RATE TO BE DETERMINED BY THE STATE TREASURER.

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