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 4630 . . . . . Thursday, May 30, 1996
Thursday, May 30, 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:

O Lord, our Heavenly Father, always near to bless, may we go through the hours of this day with a strong and steadfast faith in God. We are often tempted to surrender to discouragement and defeat when the poisonous arrows of temptation are aimed to tear us apart from the best. Give to all who serve in this hall of government fairness of appraisal, poise under pressure, the kindly heart, nobility of goodness, and a child-like faith in God. May we never shun or shirk responsibility or fall below the example of those, who in days gone, feared life so little because they feared God so much.

Grant us Your peace, both now and always. 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. LIMBAUGH moved that when the House adjourns, it adjourn in memory of J. R. Bryan Jackson of Florence, which was agreed to.

R. 419, H. 3300--GOVERNOR'S VETO RECEIVED

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

May 29, 1996
Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 3300, R. 419, an Act:

TO AMEND ARTICLE 7, CHAPTER 3, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO REVISE THE STATE LAW ENFORCEMENT DIVISION'S REGULATORY AUTHORITY, TO REVISE THE CONDITIONS UPON WHICH A PERSON MUST

Printed Page 4631 . . . . . Thursday, May 30, 1996
REGISTER, THE DEFINITION OF AN OFFENDER, A SHERIFF'S DUTY REGARDING REGISTERING AN OFFENDER, TO SUBSTITUTE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES FOR STATE DEPARTMENT OF PROBATION AND PAROLE SERVICES, TO SUBSTITUTE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF MOTOR VEHICLES FOR DEPARTMENT OF MOTOR VEHICLES, TO REVISE THE PENALTIES FOR FAILURE TO REGISTER, TO PROVIDE PENALTIES FOR A PERSON WHO GIVES FALSE INFORMATION WHEN REGISTERING AS AN OFFENDER, TO PROVIDE THAT CERTAIN PERSONS CONVICTED AND RELEASED PRIOR TO JULY 1, 1994, ARE NOT REQUIRED TO REGISTER, AND TO PROVIDE THE CONDITIONS UPON WHICH INFORMATION CONTAINED IN THE SEX OFFENDER REGISTRY MUST BE RELEASED TO THE PUBLIC; TO AMEND SECTION 16-3-655, RELATING TO CRIMINAL SEXUAL CONDUCT WITH MINORS, SO AS TO REVISE THE AGE OF THE PERPETRATOR AND TO ESTABLISH THE OFFENSE OF SEXUAL MISCONDUCT WITH A MINOR.

While I strongly endorse the positive changes this bill makes to the Sex Offender Registry, I am vetoing it because it sends a completely wrong and mixed message about how this State views sex offenses.

The mixed message is the result of a single provision added during conference committee. The provision decreases the penalties for Criminal Sexual Conduct with a Minor, Second Degree.

This is a major change to the criminal laws of our State and is, quite simply, the wrong thing to do.

On the one hand, with this bill, we are getting tougher on those who have committed sex offenses. That is just and right and I support that wholeheartedly. On the other hand, we are saying that it is now morally and legally acceptable to the people of South Carolina for a fourteen year old girl to engage in sexual intercourse as long as the other person is not older than eighteen. In addition to sending the message that we are no longer concerned about the high rate of teenage pregnancies, the breakdown of families, unwed mothers and too-young mothers sucked into the welfare vacuum, it is, again, simply the wrong thing to do.

In addition to lowering the line of defense for our most vulnerable teenage girls, this provision makes it tougher for Solicitors to prosecute rapists. For example, it would require a Solicitor presenting a rape case in which the victim is 14 and the offender is 18 to prove--which he does

Printed Page 4632 . . . . . Thursday, May 30, 1996
not have to do now--that the young victim did not consent to the sexual battery.

I firmly believe that we should be making it easier, not harder, to prosecute rapists.

Since this legislation was hurried through the General Assembly in only eleven legislative days, I feel confident that the majority of those voting for this bill were unaware of this unacceptable provision. They, like I, are strong supporters of the positive changes provided in this bill. I will work with them and with the victims' advocates to ensure passage of a totally positive and clean bill next session: a bill that does not send a mixed message but rather a strong and forceful one that Criminal Sexual Conduct is unacceptable in the State of South Carolina.

For these reasons, I am returning H. 3300, R. 419 of 1996 with my veto.

Sincerely,
David M. Beasley

The SPEAKER ordered the veto printed in the Journal.

R. 432, H. 4737--GOVERNOR'S VETO RECEIVED

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

May 29, 1996
Mr. Speaker and Members of the House:

I am hereby returning without my approval R. 432, H. 4737, an Act:

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-425 SO AS TO REQUIRE APPROVAL BY THE STATE BUDGET AND CONTROL BOARD FOR REQUESTS FOR INFORMATION TECHNOLOGY EQUIPMENT AND SERVICES, TO PROVIDE CRITERIA FOR APPROVAL, AND TO ESTABLISH THE INFORMATION TECHNOLOGY ADVISORY COUNCIL TO ASSIST THE BOARD; TO ADD SECTION 59-7-70 SO AS TO REQUIRE THE TRANSFER OF TRANSMISSION AND RECEPTION EQUIPMENT PURCHASED BY SOUTH CAROLINA EDUCATIONAL TELEVISION (SCETV) FOR SCHOOLS TO THE SCHOOL DISTRICTS; TO ADD SECTION 59-7-80 SO AS TO REQUIRE THE SCETV COMMISSION TO DEVELOP CERTAIN REVENUE, INVESTMENT, AND MARKETING PLANS; TO AMEND SECTION 59-7-10, AS AMENDED, RELATING TO THE SCETV COMMISSION, SO AS TO FURTHER DELINEATE

Printed Page 4633 . . . . . Thursday, May 30, 1996
CRITERIA FOR MEMBERS; AND TO AMEND SECTION 59-7-20, RELATING TO ADVISORY COMMITTEES OF THE SCETV COMMISSION, SO AS TO REVISE THE ADVISORY COMMITTEE STRUCTURE, TO DIRECT THE SCETV COMMISSION, WITH THE STATE DEPARTMENT OF EDUCATION, TO CONDUCT A STUDY TO EVALUATE THE EFFECTIVENESS OF INSTRUCTIONAL TELEVISION, AND TO PROVIDE THAT THE SCETV COMMISSION IS REAUTHORIZED UNDER SECTION 1-20-60 UNTIL JULY 1, 2003.

This veto is based upon my belief that the information technology provisions may be accomplished by Executive Order, and that the Information Resources Council established by Executive Order 96-05 provides broader representation and more flexibility than the Information Technology Advisory Council created by the bill. I have given the Budget and Control Board responsibility for staffing the Information Resources Council. The Order streamlines the technology oversight process and avoids needless duplication.

In addition, I object to amending the composition of the ETV Commission to limit the individuals who may be appointed. In an era of government restructuring and increased accountability, this bill diminishes the governor's authority and represents a step backwards in executive responsibility.

I am aware that the Reorganization Commission has determined that the ETV Commission will sunset on June 30, 1996. However, the agency will continue in existence until July 1, 1997, during which time it retains all of its powers and authority. I do not intend by this veto to sunset Educational Television. The General Assembly has ample time to pass an appropriate reauthorization bill.

For the above reasons, I am returning H. 4737, R. 432, without my approval.

Sincerely,
David M. Beasley

The SPEAKER ordered the veto printed in the Journal.

Printed Page 4634 . . . . . Thursday, May 30, 1996
H. 4706--DEBATE ADJOURNED

The Senate amendments to the following Bill were taken up for consideration.

H. 4706 -- Reps. Wilkins, Kennedy, Harrell, Hutson, Neilson, S. Whipper, J. Hines, Harvin, Howard, Askins, White, Fleming, Jennings, Keegan, Anderson, L. Whipper, M. Hines, Cobb-Hunter, Breeland, Neal, Young-Brickell, Easterday, J. Harris, Koon, Meacham, J. Young, Harrison, Clyburn, Herdklotz, Knotts, Inabinett, Wright, Lloyd, Law, Gamble, Delleney, Cave, Govan, H. Brown, Felder, Robinson, Mason, Carnell, D. Smith, Rice, Sharpe, Boan, Fulmer, Chamblee, Stuart, Shissias, Klauber, T. Brown, Spearman, Williams, Kinon, Limbaugh, Scott, Riser, McTeer, McElveen, Hodges and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA RURAL DEVELOPMENT ACT OF 1996" INCLUDING PROVISIONS TO AMEND SECTION 12-10-20, RELATING TO LEGISLATIVE FINDINGS PERTAINING TO THE ENTERPRISE ZONE ACT, SO AS TO PROVIDE ADDITIONAL FINDINGS; TO AMEND SECTION 12-10-30, RELATING TO DEFINITIONS UNDER THE ENTERPRISE ZONE ACT, SO AS TO DELETE THE DEFINITION OF "SERVICES"; TO AMEND SECTION 12-10-40, AS AMENDED, RELATING TO THE DESIGNATION AND CRITERIA OF ENTERPRISE ZONES, SO AS TO DELETE SPECIFIED CRITERIA AND TO PROVIDE THAT THE AMOUNT OF BENEFITS ALLOWED IS DETERMINED BY THE COUNTY DESIGNATION IN WHICH THE BUSINESS IS LOCATED; TO AMEND SECTION 12-10-50, RELATING TO CRITERIA TO QUALIFY FOR BENEFITS, SO AS TO PROVIDE THAT THE ENTIRE STATE OF SOUTH CAROLINA IS AN ENTERPRISE ZONE; TO AMEND SECTION 12-10-70, RELATING TO BENEFITS OF QUALIFYING BUSINESSES, SO AS TO REVISE THESE BENEFITS AND PROVIDE THAT QUALIFYING BUSINESSES ARE ELIGIBLE TO USE SPECIAL SOURCE REVENUE BONDS; TO AMEND SECTION 12-10-80, RELATING TO JOB DEVELOPMENT FEES, SO AS TO PERMIT A QUALIFYING BUSINESS TO COLLECT JOB DEVELOPMENT FEES FOR NEW JOBS CREATED AND FOR OTHER REASONS, TO FURTHER PROVIDE FOR THE PURPOSES FOR WHICH SUCH FUNDS MAY BE SPENT, TO PROVIDE FOR THE RETAINAGE OF JOB DEVELOPMENT FEES UNDER CERTAIN CONDITIONS, TO CREATE THE RURAL INFRASTRUCTURE FUND AND PROVIDE FOR ITS FUNDING, AND TO PROVIDE THAT ANY

Printed Page 4635 . . . . . Thursday, May 30, 1996
STATE-SUPPORTED INSTITUTION OF HIGHER EDUCATION MAY PROVIDE RETRAINING INSTEAD OF ONLY TECHNICAL COLLEGES; TO ADD SECTION 12-10-85 SO AS TO PROVIDE GUIDELINES FOR THE USES OF THE RURAL DEVELOPMENT FUND; TO AMEND SECTION 12-10-90, RELATING TO LEVELS OF CAPITAL INVESTMENT OR EMPLOYMENT IN REVITALIZATION AGREEMENTS, SO AS TO PROVIDE THAT THE COUNCIL ALONE CAN TERMINATE REVITALIZATION AGREEMENTS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO JOBS TAX CREDITS, SO AS TO REVISE THE REQUIREMENTS AND QUALIFICATIONS FOR JOBS TAX CREDITS; TO AMEND SECTION 12-6-2320, AS AMENDED, RELATING TO ALLOCATION AND APPORTIONMENT OF A TAXPAYER'S INCOME, SO AS TO FURTHER DEFINE THE TERM "TAXPAYER" IN REGARD TO A CONTROLLED GROUP OF CORPORATIONS; TO AMEND SECTION 12-6-3440, AS AMENDED, RELATING TO TAX CREDITS FOR EMPLOYEE CHILD CARE PROGRAMS, SO AS TO REVISE THE MANNER IN WHICH THESE TAX CREDITS ARE DETERMINED AND ALLOCATED; TO AMEND SECTION 12-6-3450, RELATING TO INCOME TAX CREDITS FOR PERSONS TERMINATED FROM EMPLOYMENT AS A RESULT OF THE CLOSING OF FEDERAL MILITARY INSTALLATIONS, SO AS TO PROVIDE AN APPLICABLE FEDERAL FACILITY, RATHER THAN JUST A MILITARY INSTALLATION, MAY RECEIVE THE BENEFITS OF THIS CREDIT; TO AMEND SECTION 12-6-3470, RELATING TO EMPLOYER TAX CREDITS FOR EMPLOYING PERSONS RECEIVING AID TO FAMILIES WITH DEPENDENT CHILDREN, SO AS TO FURTHER PROVIDE FOR THE COMPUTATION OF AND REQUIREMENTS FOR THIS CREDIT; TO AMEND SECTION 12-14-30, AS AMENDED, RELATING TO DEFINITIONS UNDER THE ECONOMIC IMPACT ZONE COMMUNITY DEVELOPMENT ACT, SO AS TO DELETE LANGUAGE PERTAINING TO MANUFACTURING FACILITIES THAT HAVE CLOSED OR EXPERIENCED LAYOFFS AS BEING ELIGIBLE FOR CERTAIN BENEFITS UNDER THIS ACT; TO AMEND TITLE 12, RELATING TO TAXATION, BY ADDING CHAPTER 12 SO AS TO ESTABLISH THE REQUIREMENTS FOR AND PROCEDURES UNDER WHICH A TAXPAYER WHO HAS A GAIN FROM THE SALE OR OTHER DISPOSITION OF A CAPITAL ASSET MAY DEFER RECOGNITION OF ALL OR A PART OF THE GAIN; TO AMEND SECTION 12-36-70, RELATING TO THE DEFINITION OF A "RETAILER" AND
Printed Page 4636 . . . . . Thursday, May 30, 1996
"SELLER" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO REVISE THE EXEMPTION PERTAINING TO THE FURNISHING OF ACCOMMODATIONS TO TRANSIENTS; TO AMEND SECTION 12-36-920, RELATING TO THE TAX ON ACCOMMODATIONS, SO AS TO EXCLUDE FROM THE ACCOMMODATIONS TAX THE EXEMPTION PROVIDED IN SECTION 12-36-70; TO AMEND SECTION 12-36-120, AS AMENDED, RELATING TO THE DEFINITION OF A "SALE AT WHOLESALE", SO AS TO INCLUDE THE PURCHASE OF PALLETS; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO INCLUDE PALLETS IN THE SALES TAX EXEMPTION FOR PACKAGING MATERIALS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO FURTHER PROVIDE FOR THE EXEMPTION FOR AIR CARRIER HUB TERMINAL FACILITIES; TO AMEND SECTION 12-43-300, AS AMENDED, RELATING TO NOTICE OF TAX REASSESSMENTS AND OBJECTIONS THERETO, SO AS TO FURTHER PROVIDE FOR WHEN THE TAXPAYER AND THE ASSESSOR ARE BOUND BY THE ASSESSED VALUE OF THE PROPERTY AND TO MAKE THESE PROVISIONS APPLY TO REASSESSMENTS MADE ON OR AFTER DECEMBER 31, 1991; TO AMEND SECTION 4-12-30, RELATING TO FEES IN LIEU OF TAXES AND EXCEPTIONS FOR QUALIFYING INDUCEMENT LEASE AGREEMENTS, SO AS TO REDEFINE THE TERM "CONTROLLED GROUP", DELETE THE REQUIREMENT THAT THE BOARD OF ECONOMIC ADVISORS DETERMINE THE BENEFITS OF A FEE PROJECT AND PROVIDE INSTEAD THAT THE COUNTY COUNCIL SHALL DETERMINE SUCH BENEFITS, DELETE THE REQUIREMENT THAT A RESERVE ACCOUNT BE MAINTAINED, REVISE THE TIME PERIODS TO MEET CERTAIN REQUIREMENTS AND PROCEDURES REQUIRED TO BE FOLLOWED, REVISE THE MINIMUM ASSESSMENT RATIOS FOR SPECIFIED QUALIFYING BUSINESSES, ALLOW REPLACEMENT PROPERTY TO QUALIFY FOR THE FEE UNDER CERTAIN CONDITIONS, PERMIT THE AMENDING OF INDUCEMENT AGREEMENTS AT ANY TIME WITH RESTRICTIONS, PROVIDE GUIDELINES FOR THE TRANSFERRING OF FEE PROPERTY, REVISE CERTAIN INTEREST CHARGES, FURTHER PROVIDE FOR THE DISTRIBUTION OF THE FEE AND ALLOW A COUNTY TO USE A PORTION OF THE FEE PAYMENT FOR INFRASTRUCTURE IMPROVEMENTS WITHOUT THE REQUIREMENT OF ISSUING SPECIAL SOURCE REVENUE BONDS,
Printed Page 4637 . . . . . Thursday, May 30, 1996
ALLOW FOR THE TRANSFERRING OF AGREEMENTS RELATED TO THE FEE AND REQUIRE COUNTY APPROVAL OF THE TRANSFER, AND PROVIDE FOR OTHER RELATED MATTERS, PERTAINING TO FEES IN LIEU OF TAXES, AND THE TRANSFERABILITY OF INTERESTS IN THE PROPERTY THE SUBJECT OF THE FEE; TO AMEND SECTION 4-12-40, RELATING TO THE APPLICABILITY AND EFFECTIVE DATES OF FEE IN LIEU OF LEASE AGREEMENTS, SO AS TO FURTHER PROVIDE FOR SUCH APPLICABILITY AND EFFECTIVE DATES; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO FEES IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO PROVIDE THAT THE FEE PROVISIONS ARE AVAILABLE FOR INVESTMENTS EXCEEDING FORTY-FIVE MILLION DOLLARS, TO FURTHER PROVIDE FOR THE DEFINITION OF "CONTROLLED GROUP" AS IT RELATES TO THE FEE, ALLOW CERTAIN QUALIFYING BUSINESSES A THIRTY-YEAR MAXIMUM AGREEMENT AND AN EIGHT-YEAR PERIOD TO MEET MINIMUM INVESTMENT REQUIREMENTS, ALLOW CERTAIN QUALIFYING BUSINESSES TO QUALIFY FOR A THREE PERCENT ASSESSMENT RATIO, ALLOW FOR THE AMENDING OF AGREEMENTS AT ANY TIME WITH RESTRICTIONS, ALLOW A COUNTY TO USE A PORTION OF THE FEE PAYMENT FOR INFRASTRUCTURE IMPROVEMENTS WITHOUT THE REQUIREMENT FOR ISSUING SPECIAL SOURCE REVENUE BONDS, REVISE CERTAIN INTEREST CHARGES, FURTHER PROVIDE FOR THE TRANSFERRING OF AGREEMENTS AND FEE ASSETS, REQUIRE COUNTY APPROVAL BEFORE TRANSFERS, AND PROVIDE FOR OTHER RELATED MATTERS PERTAINING TO FEES IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS.

Rep. HARRELL moved to adjourn debate upon the Senate amendments, which was adopted.

Printed Page 4638 . . . . . Thursday, May 30, 1996
REGULATION WITHDRAWN AND RESUBMITTED

The following was received.

Document No. 1876
Promulgated By South Carolina Law Enforcement Division
Sex Offender Registry
Received by Speaker October 10, 1995
Referred to House Committee on Judiciary
120 Day Review Expiration Date June 19, 1996(Revised)
(Subject to Sine Die Revision)
Withdrawn May 9, 1996
Resubmitted May 30, 1996

HOUSE RESOLUTION

The following was taken up for immediate consideration:

H. 5083 -- Rep. Quinn: A HOUSE RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE CHAMBER ON NOVEMBER 14 AND 15, 1996, FOR ITS ANNUAL MEETING.

Be it resolved by the House of Representatives:

That the South Carolina Student Legislature is allowed the use of the Chamber of the House of Representatives at its temporary location on November 14 and 15, 1996, for its annual meeting. If the House of Representatives is in statewide session on any of these days, the House Chamber may not be used on these days.

Be it further resolved that no expense may be charged to the South Carolina Student Legislature for the use of the House Chamber and the use must be in strict accordance with the policies of the House of Representatives.

The Resolution was adopted.

HOUSE RESOLUTION

The following was taken up for immediate consideration:

H. 5084 -- Rep. Quinn: A HOUSE RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE BLATT BUILDING ON NOVEMBER 13, 1996, FOR ITS ANNUAL MEETING.

Be it resolved by the House of Representatives:

Printed Page 4639 . . . . . Thursday, May 30, 1996
That the South Carolina Student Legislature is allowed the use of the Blatt Building on November 13, 1996, for its annual meeting. If the House of Representatives is in statewide session on this day, the Blatt Building may not be used on this day.

Be it further resolved that no expense may be charged to the South Carolina Student Legislature for the use of the Blatt Building and the use must be in strict accordance with the policies of the House of Representatives.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5085 -- Reps. Lloyd, Inabinett, Cobb-Hunter and White: A CONCURRENT RESOLUTION CONGRATULATING AND COMMENDING THE HONORABLE SCOTT HEAD RICHARDSON FOR OUTSTANDING AND DISTINGUISHED SERVICE IN THE HOUSE OF REPRESENTATIVES UPON LEARNING HE WILL NOT SEEK RE-ELECTION TO THE HOUSE OF REPRESENTATIVES AND EXTENDING BEST WISHES AS HE EMBARKS ON NEW ENDEAVORS AND CHALLENGES.

Whereas, the Honorable Scott Head Richardson has announced he will not seek re-election to the House of Representatives in 1996; and

Whereas, he has been a member of the House of Representatives representing District 123 in Beaufort County since 1993; and

Whereas, Representative Richardson earned a Bachelor of Arts degree in 1974 from the University of Tennessee with honors; and

Whereas, he is married to the former Margaret Ravenel Carswell and has two children, Scott and Ravenel; and

Whereas, Representative Richardson is regarded in the community as a concerned and persistent public servant who is committed to providing the best service for the benefit of all citizens of this State; and

Whereas, he has served as Chairman of Beaufort County Republican Party, board member of the Beaufort County Child Abuse Prevention Association, board member of the Hilton Head Preparatory School, and former junior warden of St. Luke's Episcopal Church; and

Whereas, Representative Richardson has made significant contributions while serving in the House of Representatives as a member of the Labor, Commerce and Industry Committee and the Rules Committee; and

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