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

Page Finder Index

| Printed Page 2150, Apr. 10 | Printed Page 2170, Apr. 11 |

Printed Page 2160 . . . . . Wednesday, April 10, 1996

automobile tax relief, with the definition of "personal property automobile tax" being defined as tax levied on private passenger cars or pickup trucks."

Renumber sections to conform.

Amend title to conform.

Rep. SHEHEEN explained the amendment.

The question then recurred to the adoption of the amendment.

Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:

Yeas 90; Nays 13

Those who voted in the affirmative are:

Allison              Anderson             Bailey
Breeland             Brown, H.            Brown, J.
Byrd                 Cain                 Carnell
Cato                 Cave                 Clyburn
Cobb-Hunter          Cooper               Cromer
Dantzler             Delleney             Easterday
Felder               Fleming              Gamble
Govan                Hallman              Harris, J.
Harrison             Harvin               Hines, M.
Hodges               Howard               Hutson
Inabinett            Jennings             Kennedy
Keyserling           Kinon                Kirsh
Klauber              Koon                 Lanford
Lee                  Limbaugh             Limehouse
Littlejohn           Lloyd                Loftis
Mason                McAbee               McCraw
McElveen             McKay                McMahand
McTeer               Meacham              Moody-Lawrence
Neal                 Phillips             Quinn
Rhoad                Rice                 Richardson
Riser                Rogers               Sandifer
Scott                Seithel              Sharpe
Sheheen              Shissias             Simrill
Smith, R.            Spearman             Stille
Stoddard             Stuart               Townsend
Tripp                Trotter              Vaughn

Printed Page 2161 . . . . . Wednesday, April 10, 1996

Waldrop              Walker               Wells
Whatley              Whipper, L.          White
Wilder               Williams             Witherspoon
Wofford              Wright               Young

TOTAL--90

Those who voted in the negative are:

Askins               Chamblee             Cotty
Davenport            Harrell              Keegan
Kelley               Law                  Robinson
Smith, D.            Wilkins              Worley
Young-Brickell       

TOTAL--13

So, the amendment was adopted.

Reps. EASTERDAY and RICE proposed the following Amendment No. 4 (Doc Name P:\amend\GJK\22656SD.96), which was adopted.

Amend the amendment of Rep. Sheheen, No. 3, as and if amended, by adding at the end of SECTION 1 the following:

/If the sales tax is increased statewide from five to six percent and the proceeds therefrom used to eliminate ad valorem property taxes on private passenger cars and pickup trucks, no county, municipality or other taxing entity may impose any ad valorem property taxes on private passenger cars and pickup trucks while the statewide sales tax is at six percent. Further, the revenues raised from the additional one percent sales tax must be distributed to the several counties and municipalities of this State on a pro rata percentage basis as the General Assembly shall provide based on registrations of these types of vehicles in that jurisdiction as compared to registrations of these types of vehicles statewide./

Renumber sections to conform.

Amend totals and title to conform.

Rep. RICE explained the amendment.

The amendment was then adopted.

ACTING SPEAKER CATO IN CHAIR
Printed Page 2162 . . . . . Wednesday, April 10, 1996

Reps. HARRISON, YOUNG-BRICKELL, WILKINS, VAUGHN, EASTERDAY, CATO, MEACHAM, FELDER, WOFFORD, SHARPE, R. SMITH, and H. BROWN proposed the following Amendment No. 5 (Doc Name P:\amend\GJK\22661HTC.96), which was tabled.

Amend Amendment No. 3 offered by Reps. Sheheen and Hodges, dated March 19, 1996, Document No. H-member\B21\1, as and if amended, beginning on page 1, by striking the amended question beginning four lines from the bottom of the page, and inserting: ; /"Do you favor the elimination of taxes levied on private passenger cars or pickup trucks by reducing the cost of government?"/

Renumber sections to conform.

Amend totals and title to conform.

Rep. WILKINS explained the amendment.

Rep. SHEHEEN spoke against the amendment.

SPEAKER IN CHAIR

Rep. HARRELL spoke in favor of the amendment.

Rep. SHEHEEN spoke against the amendment.

Rep. HARRELL spoke in favor of the amendment.

Rep. CROMER spoke against the amendment and moved to table the amendment.

Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:

Yeas 51; Nays 47

Those who voted in the affirmative are:

Anderson             Askins               Bailey
Breeland             Byrd                 Carnell
Cave                 Clyburn              Cobb-Hunter
Cromer               Delleney             Fleming
Govan                Harris, J.           Harvin
Hines, M.            Hodges               Howard
Inabinett            Jennings             Kennedy
Keyserling           Kinon                Kirsh
Lanford              Lee                  Lloyd
Martin               McAbee               McCraw
McElveen             McMahand             McTeer
Moody-Lawrence       Neal                 Phillips

Printed Page 2163 . . . . . Wednesday, April 10, 1996

Rhoad                Richardson           Rogers
Scott                Seithel              Sharpe
Sheheen              Spearman             Stille
Stuart               Walker               Whipper, L.
Whipper, S.          White                Wilder

TOTAL--51

Those who voted in the negative are:

Brown, H.            Cain                 Cato
Chamblee             Cooper               Cotty
Dantzler             Davenport            Easterday
Felder               Fulmer               Gamble
Hallman              Harrell              Harrison
Hutson               Keegan               Kelley
Klauber              Koon                 Law
Limbaugh             Limehouse            Littlejohn
Loftis               Mason                McKay
Meacham              Quinn                Rice
Robinson             Sandifer             Shissias
Simrill              Smith, D.            Smith, R.
Townsend             Tripp                Trotter
Vaughn               Waldrop              Wilkins
Witherspoon          Wofford              Wright
Young                Young-Brickell       

TOTAL--47

So, the amendment was tabled.

AMENDMENT NO. 1--TABLED

Debate was resumed on Amendment No. 1, by Reps. SHEHEEN and HODGES.

Rep. SHEHEEN moved to table the amendment, which was agreed to.

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

Rep. J. BROWN moved that the House do now adjourn, which was adopted.


Printed Page 2164 . . . . . Wednesday, April 10, 1996

ADJOURNMENT

At 5:10 P.M. the House in accordance with the motion of Rep. ANDERSON adjourned in memory of Charles B. Smith of Greenville, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 2165 . . . . . Thursday, April 11, 1996

Thursday, April 11, 1996

(Statewide Session)

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:

We thank You, Heavenly Father, for April's loveliness which is unveiled when dawn gilds the skies, for the chorus of the birds, for unfolding blossoms that make the earth radiant and beautiful. And as nature awakes to the warm sunshine and refreshing showers, so in response to Your beckoning may there stir within us a desire for righteousness and goodness. So breathe upon us, O Spirit of God, that the beauty and virtues of our Lord be upon us that even while pilgrims of the night we may be heralds of the morning.

We pray to our God, known by us, as altogether wise and true. 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.

MOTION ADOPTED

Rep. McELVEEN moved that when the House adjourns, it adjourn in memory of Maude Atkinson Brown, mother of Rep. G. BROWN of Bishopville, which was agreed to.


Printed Page 2166 . . . . . Thursday, April 11, 1996

CONFIRMATION OF APPOINTMENT

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

April 10, 1996
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,
David M. Beasley
Governor

LOCAL APPOINTMENT

Reappointment, Berkeley County Master-in-Equity, with term to commence November 7, 1996, and to expire November 7, 2002:

Honorable Daniel F. Pieper, Post Office Box 877, Goose Creek, S.C. 29445-0877

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

REGULATION WITHDRAWN AND RESUBMITTED

The following was received.

Document No. 1905
Promulgated By Commission on Higher Education
Determination of Rates of Tuition and Fees
Received by Speaker January 10, 1996
Referred to House Committee on Education and Public Works
120 Day Review Period Expiration Date May 10, 1996
Revised Expiration Date May 11, 1996
Withdrawal Requested by House Education and Public Works Committee April 10, 1996
Withdrawn and Resubmitted April 11, 1996


Printed Page 2167 . . . . . Thursday, April 11, 1996

REPORTS OF STANDING COMMITTEES

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 4251 -- Rep. Hodges: A BILL TO AMEND SECTIONS 56-5-6520, 56-5-6530, AND 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF SAFETY BELTS, SO AS TO MAKE A DRIVER RESPONSIBLE FOR REQUIRING EACH OCCUPANT OF A MOTOR VEHICLE UNDER EIGHTEEN YEARS OF AGE TO WEAR A SAFETY BELT OR ANOTHER CHILD RESTRAINT SYSTEM, TO CREATE THE OFFENSE OF FAILURE TO SECURE A SAFETY BELT ON A MINOR, TO PROVIDE FOR PENALTIES AND EXCEPTIONS TO THIS OFFENSE, TO REVISE THE PROVISIONS WHICH EXCLUDE CERTAIN OCCUPANTS FROM WEARING A SAFETY BELT, TO REVISE THE PENALTIES FOR VIOLATING THE MANDATORY USE OF SAFETY BELT REQUIREMENT, AND TO ALLOW A LAW ENFORCEMENT OFFICER TO STOP A DRIVER AND ISSUE A CITATION FOR A VIOLATION OF THIS REQUIREMENT.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 4789 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-949 SO AS TO REQUIRE AN APPLICANT FOR A BUSINESS, OCCUPATIONAL, PROFESSIONAL, HUNTING, FISHING, OR DRIVER'S LICENSE OR WATERCRAFT REGISTRATION OR FOR RENEWAL OF A LICENSE OR REGISTRATION TO SUBMIT THE APPLICANT'S SOCIAL SECURITY NUMBER TO THE LICENSING ENTITY; TO AMEND SECTION 12-6-3470, RELATING TO EMPLOYER TAX CREDITS FOR EMPLOYING AID TO FAMILIES WITH DEPENDENT CHILDREN RECIPIENTS, SO AS TO REVISE THE CRITERIA FOR OBTAINING THIS CREDIT AND TO PROVIDE THAT UNUSED CREDIT MAY BE CARRIED FORWARD; TO AMEND SUBARTICLE 5, ARTICLE 9, CHAPTER 7, TITLE 20, AS AMENDED, RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, SO AS TO DEFINE "TRIBUNAL" AS NOT ONLY THE FAMILY COURTS OF THIS STATE BUT ALSO THE SUPPORT ENFORCEMENT AGENCY AND TO CHANGE REFERENCES FROM


Printed Page 2168 . . . . . Thursday, April 11, 1996

"FAMILY COURT" TO "TRIBUNAL"; TO AMEND SECTIONS 20-7-9505, 20-7-9510, 20-7-9515, 20-7-9520, 20-7-9525, 20-7-9530, 20-7-9540, 20-7-9545, AND 20-7-9560, ALL RELATING TO THE ADMINISTRATIVE PROCESS FOR ESTABLISHING AND ENFORCING PATERNITY AND CHILD SUPPORT, SO AS TO CLARIFY THAT THE "DIRECTOR" OF THE CHILD SUPPORT ENFORCEMENT DIVISION INCLUDES THE DIRECTOR'S DESIGNEES, TO CLARIFY THE NAME OF THE ADMINISTERING AGENCY, TO REVISE AND DELETE OBSOLETE TERMS, TO CLARIFY IN WHICH COUNTY VARIOUS DOCUMENTS MUST BE FILED, AND TO REVISE PROCEDURAL TIME FRAMES; TO AMEND SECTION 43-5-1125, RELATING TO SANCTIONS FOR FAILING TO COMPLY WITH WELFARE AGREEMENTS, SO AS TO CLARIFY THAT AN AFDC RECIPIENT WHO MEETS CERTAIN CRITERIA IS NOT REQUIRED TO COMPLY WITH EMPLOYMENT AND TRAINING PROVISIONS IN THE AGREEMENT; TO AMEND SECTION 43-5-585, RELATING TO THE REPORTING OF CHILD SUPPORT ARREARAGES TO CONSUMER CREDIT REPORTING AGENCIES, SO AS TO PROVIDE THAT INFORMATION MUST BE PROVIDED ON PERSONS WHO ARE IN ARREARS IN AN AMOUNT EQUAL TO TWO MONTHS' SUPPORT OBLIGATION RATHER THAN ON PERSONS WHO HAVE NOT MADE A PAYMENT FOR TWO CONSECUTIVE MONTHS; TO AMEND SECTION 43-5-1155, RELATING TO ENTREPRENEURIAL DEVELOPMENT, SO AS TO EXPAND THE DEPARTMENT'S AUTHORITY AND A CLIENT'S OPPORTUNITIES UNDER THIS PROGRAM; TO AMEND SECTION 43-5-1170, RELATING TO TIME LIMITATIONS PLACED ON RECEIVING WELFARE, SO AS TO PROVIDE THAT AN EXEMPTION APPLIES TO A PERSON WHO IS PERMANENTLY AND TOTALLY DISABLED RATHER THAN TO ONE WHO IS TOTALLY OR PERMANENTLY DISABLED; AND TO AMEND SECTION 43-5-1240, RELATING TO TRANSITIONAL MEDICAID AND CHILD CARE, SO AS TO PROVIDE TWO YEARS RATHER THAN ONE YEAR OF TRANSITIONAL CHILD CARE AND MEDICAID TO A PERSON WHO BECAME EMPLOYED AFTER LOSING ELIGIBILITY DUE TO EXCEEDING THE TWENTY-FOUR MONTH TIME LIMIT.

Ordered for consideration tomorrow.


Printed Page 2169 . . . . . Thursday, April 11, 1996

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 4692 -- Rep. Keegan: A BILL TO AMEND SECTION 39-20-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF A LIEN WITHOUT JUDICIAL INTERVENTION CONCERNING SELF-STORAGE FACILITIES, SO AS TO DELETE THE REQUIREMENT THAT THE OWNER NOTIFY OTHER PARTIES WITH SUPERIOR LIENS, DELETE THE REQUIREMENT THAT THE OWNER MAKE A DETAILED INVENTORY OF THE PERSONAL PROPERTY SUBJECT TO THE LIEN, ALLOW THE OWNER TO DISPOSE OF THE PROPERTY AT PUBLIC SALE AFTER FIFTEEN RATHER THAN FOURTEEN DAYS FROM THE DELIVERY OF A CERTIFIED LETTER, AND DELETE THE REQUIREMENT THAT THE OWNER ADVERTISE IN A NEWSPAPER OF GENERAL CIRCULATION WHERE THE SELF-STORAGE FACILITY IS LOCATED OF THE SALE TO THE HIGHEST BIDDER OF THE PROPERTY SUBJECT TO THE LIEN.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

H. 4717 -- Reps. Sharpe and Rice: A BILL TO AMEND SECTION 44-96-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT, SO AS TO DEFINE "STRUCTURAL FILL"; TO AMEND SECTION 44-96-80, RELATING TO COUNTY OR REGIONAL SOLID WASTE MANAGEMENT PLANS, SO AS TO PROVIDE THAT THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT DOES NOT AUTHORIZE A LOCAL GOVERNMENT TO ENACT ORDINANCES OR RESOLUTIONS TO REGULATE STRUCTURAL FILLS; AND TO AMEND SECTION 44-96-290, RELATING TO STANDARDS USED FOR GRANTING PERMITS TO PERSONS TO OPERATE A SOLID WASTE MANAGEMENT FACILITY, SO AS TO ALLOW THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE PERMITS FOR SHORT-TERM STRUCTURAL FILLS.

Ordered for consideration tomorrow.


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