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 80, Jan. 9 | Printed Page 100, Jan. 10 |

Printed Page 90 . . . . . Tuesday, January 9, 1996

CONCURRENT RESOLUTION

The following was introduced:

H. 4417 -- Rep. R. Smith: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY AND THE CITIZENS OF SOUTH CAROLINA TO ALAN B. WHITEHOUSE, M. D., OF THE DEPARTMENT OF SURGERY OF THE UNIVERSITY HOSPITAL, AUGUSTA, GEORGIA, FOR HIS DISTINGUISHED SERVICE TO THE MEDICAL PROFESSION.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4418 -- Reps. Wilder, Stoddard and Carnell: A CONCURRENT RESOLUTION HONORING THE THORNWELL HIGH SCHOOL "BIG DOG" FOOTBALL TEAM ON A MEMORABLE UNDEFEATED STATE CHAMPIONSHIP SEASON FOR 1995.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4419 -- Rep. Anderson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME SOUTH CAROLINA HIGHWAY 81 FROM THE CITY LIMIT OF GREENVILLE TO THE POINT ONE MILE SOUTH OF THE CITY LIMIT IN GREENVILLE COUNTY IN HONOR OF BISHOP WILLIAM EDWARD FULLER, SR.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Allison              Anderson             Askins
Bailey               Baxley               Boan
Breeland             Brown, G.            Brown, H.

Printed Page 91 . . . . . Tuesday, January 9, 1996

Brown, J.            Brown, T.            Byrd
Cain                 Canty                Carnell
Cato                 Cave                 Chamblee
Clyburn              Cobb-Hunter          Cooper
Cotty                Cromer               Dantzler
Davenport            Delleney             Easterday
Elliott              Felder               Fleming
Fulmer               Gamble               Hallman
Harrell              Harris, J.           Harris, P.
Harrison             Harvin               Haskins
Herdklotz            Hines, J.            Hines, M.
Hodges               Howard               Huff
Hutson               Inabinett            Jaskwhich
Jennings             Keegan               Kelley
Keyserling           Kinon                Kirsh
Klauber              Knotts               Koon
Lanford              Law                  Lee
Limbaugh             Limehouse            Littlejohn
Lloyd                Marchbanks           Martin
Mason                McAbee               McCraw
McElveen             McKay                McMahand
McTeer               Meacham              Moody-Lawrence
Neal                 Neilson              Quinn
Rice                 Richardson           Robinson
Rogers               Sandifer             Scott
Seithel              Sharpe               Sheheen
Shissias             Simrill              Smith, D.
Smith, R.            Spearman             Stille
Stoddard             Stuart               Thomas
Townsend             Tripp                Trotter
Tucker               Vaughn               Walker
Wells                Whatley              Whipper, S.
White                Wilder               Wilkes
Wilkins              Williams             Wofford
Worley               Wright               Young
Young-Brickell       

Printed Page 92 . . . . . Tuesday, January 9, 1996


STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Tuesday, January 9. John W. "Bill" Riser William D. Witherspoon Kenneth Kennedy Olin R. Phillips Jerry N. Govan, Jr.

Total Present--120

LEAVE OF ABSENCE

The SPEAKER granted Rep. WALDROP a leave of absence for the day.

DOCTOR OF THE DAY

Announcement was made that Dr. Benjamin "Ned" Nicholson of Edgefield is the Doctor of the Day for the General Assembly.

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

ADJOURNMENT

At 12:59 P.M. the House in accordance with the motion of Rep. COBB-HUNTER adjourned in memory of President Pro Tempore Marshall Burns Williams of Orangeburg, to meet at 2:00 P.M. tomorrow.

* * *


Printed Page 93 . . . . . Wednesday, January 10, 1996

Wednesday, January 10, 1996

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 P.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Heavenly Father, each day we bow before You at this time just for a minute or two to pray. Let it never be wasted or boring moments. Make it instead a precious time, as often we find our earthly anchors so far away. But in these moments of daily prayer may we feel a Power which we cannot understand fully. Make us to hold fast to that Power, God's presence, throughout the day, knowing that thereby we are given a purpose exceeding our ability to define. May we anchor our trust in our ever available God to enable us to do what we cannot do alone.

So be with us this day and every day. 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. ROGERS moved that when the House adjourns, it adjourn in memory of Luther M. Lee of Columbia, which was agreed to.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration.

Document No. 1897
Promulgated By Department of Transportation
Bus Shelters
Received By Speaker January 10, 1996
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date May 10, 1996


Printed Page 94 . . . . . Wednesday, January 10, 1996

Document No. 1904
Promulgated By Department of Archives and History
General Records Retention Schedule for Data Processing and Other Electronic Records
Received By Speaker January 9, 1996
Referred to House Committee on Ways and Means
120 Day Review Expiration Date May 9, 1996

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 Ways and Means
120 Day Review Expiration Date May 10, 1996

MESSAGE FROM THE SENATE

The following was received.

January 10, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Reappointment, Lexington County Master-in-Equity, with term to commence January 1, 1995, and to expire January 1, 2001:

The Honorable George William Jefferson, 221 Barmount Drive, Columbia, S.C. 29210

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.

January 10, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:


Printed Page 95 . . . . . Wednesday, January 10, 1996

Reappointment, Aiken County Master-in-Equity, with term to commence June 30, 1995, and to expire June 30, 2001:

The Honorable Robert A. Smoak, Jr., Post Office Box 1397, Aiken, S.C. 29802-1397

Very respectfully,
President

Received as information.

REPORTS OF STANDING COMMITTEES

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 4397 -- Reps. Wilkins, Huff, Sharpe, H. Brown, D. Smith, Cato, Townsend, Haskins, J. Brown, Littlejohn, Herdklotz, Hutson, J. Young, Jennings, Simrill, Bailey, Harrell, Allison, Law, Walker, Gamble and Richardson: A BILL ENACTING THE ECONOMIC DEVELOPMENT INDUSTRIAL CLUSTER ACT OF 1996, BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-6-3480, 38-7-190, AND 12-10-45 SO AS TO ALLOW CERTAIN INCOME TAX CREDITS TO BE APPLIED AGAINST INSURANCE PREMIUM TAX LIABILITIES AND VICE VERSA AND TO PROVIDE FOR THE DESIGNATION OF ADDITIONAL ENTERPRISE ZONES IN THE CASE OF PROJECTS OF QUALIFYING TIRE MANUFACTURERS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO EXTEND THE TAX CREDIT CARRY FORWARD PERIOD FROM TEN TO FIFTEEN YEARS; TO AMEND SECTION 12-10-70, RELATING TO ADDITIONAL TAX CREDITS ALLOWED IN ENTERPRISE ZONES AND OTHER SITUATIONS RELATED TO SOCIO-ECONOMIC STATUS, SO AS TO EXTEND THESE PROVISIONS TO QUALIFYING TIRE MANUFACTURERS AND ALLOW THE QUALIFICATION OF A PERCENTAGE OF TRANSFERRED EMPLOYEES AS NEW EMPLOYEES IN THE CASE OF AN ELIGIBLE TIRE MANUFACTURER; TO AMEND SECTION 12-10-80, RELATING TO THE JOB DEVELOPMENT FEES ALLOWED QUALIFYING BUSINESSES, SO AS TO CLARIFY THE STATUS OF THE FEES IN THE EVENT OF DISQUALIFICATION AND PROVIDE ADDITIONAL CIRCUMSTANCES UNDER WHICH JOB DEVELOPMENT FEES MAY BE EXPENDED; TO AMEND SECTION 12-14-30, RELATING TO DEFINITIONS UNDER THE


Printed Page 96 . . . . . Wednesday, January 10, 1996

ECONOMIC IMPACT ZONE COMMUNITY DEVELOPMENT ACT OF 1995, SO AS TO PROVIDE ADDITIONAL ELIGIBILITY FOR QUALIFYING FOR THE BENEFITS ALLOWED IN THE ACT; TO AMEND SECTION 12-21-2423, AS AMENDED, RELATING TO THE RETENTION OF A PORTION OF ADMISSIONS LICENSE TAXES FOR MAJOR TOURISM OR RECREATION PROJECTS, SO AS TO CLARIFY THE APPLICATION OF THE PROVISION ALLOWING THE RETENTION OF THESE TAX REVENUES; AND TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY AND ALLOWABLE DEPRECIATION OF PROPERTY FOR PURPOSES OF PROPERTY TAXATION, SO AS TO ALLOW A HIGHER DEPRECIATION RATE FOR RUBBER PRODUCTS AND ALLOW A LOWER DEPRECIATION LIMIT FOR QUALIFYING TIRE MANUFACTURERS.

Ordered for consideration tomorrow.

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

H. 3879 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-3-315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPUTY ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REVISE THEIR AUTHORITY, POWERS, AND REQUIREMENTS.

Ordered for consideration tomorrow.

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

H. 3339 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1538 SO AS TO REQUIRE DRIVERS OF MOTOR VEHICLES TRAVELING THROUGH AN EMERGENCY SCENE TO USE CAUTION AND DRIVE AT A REASONABLE SPEED, PROVIDE PENALTIES, AND PROVIDE EMERGENCY WORKERS CONTROL OVER THE EMERGENCY SCENE.

Ordered for consideration tomorrow.


Printed Page 97 . . . . . Wednesday, January 10, 1996

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

H. 3532 -- Reps. Wright, H. Brown, Cato, Cooper, Fulmer, Harvin, Harwell, Keegan, Knotts, Koon, Wilkins and A. Young: A BILL TO AMEND TITLE 52, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMUSEMENTS, GAMES, AND ATHLETIC CONTESTS BY ADDING CHAPTER 19 SO AS TO ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH TO A PERSON ENGAGED IN A ROLLER SKATING ACTIVITY CAUSED BY AN INHERENT RISK OF ROLLER SKATING.

Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

H. 4351 -- Reps. Walker, Byrd, D. Smith, Allison, Baxley, J. Brown, Cain, Chamblee, Cobb-Hunter, Cooper, Cromer, Davenport, Gamble, Harrell, J. Harris, Harvin, Haskins, Herdklotz, Huff, Jaskwhich, Kelley, Kinon, Lanford, Littlejohn, McMahand, Meacham, Phillips, Robinson, R. Smith, Stille, Townsend, Vaughn, Wells, Wilder, Wilkes, Wilkins, Wright, J. Young, Inabinett, Keyserling, Hutson, Bailey, Witherspoon, Riser, Law, Simrill, Seithel, Cave, Richardson and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE GIFT OF LIFE ORGAN AND TISSUE PROCUREMENT ACT OF 1996 BY ADDING SECTION 12-6-5065 SO AS TO PROVIDE FOR A DESIGNATION ON STATE INCOME TAX FORMS ENABLING A TAXPAYER TO MAKE A CONTRIBUTION TO THE GIFT OF LIFE TRUST FUND; BY ADDING ARTICLE 13 TO TITLE 44, CHAPTER 43 SO AS TO ESTABLISH THE GIFT OF LIFE TRUST FUND, TO PROVIDE FOR ITS BOARD OF DIRECTORS, DUTIES, AND FOR EXPENDITURE OF FUNDS; AND BY ADDING SECTION 56-1-143 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE AND TAXATION SHALL OFFER PERSONS OBTAINING OR RENEWING A DRIVER'S LICENSE THE OPPORTUNITY TO VOLUNTARILY CONTRIBUTE ONE DOLLAR TO THE GIFT OF LIFE TRUST FUND AND THESE FUNDS MUST BE CREDITED TO AN ACCOUNT IN THE STATE TREASURER'S OFFICE FOR USE BY THE TRUST FUND.

Ordered for consideration tomorrow.


Printed Page 98 . . . . . Wednesday, January 10, 1996

HOUSE RESOLUTION

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

H. 4422 -- Rep. Wilkins: A HOUSE RESOLUTION TO GRANT SPECIAL LEAVE OF THE HOUSE OF REPRESENTATIVES TO ADMIT CERTAIN EMPLOYEES OR REPRESENTATIVES OF THE OFFICE OF THE GOVERNOR TO THE FLOOR OF THE HOUSE DURING THE 1996 REGULAR SESSION OF THE GENERAL ASSEMBLY AND DURING ANY SPECIAL SESSION WHICH MAY BE CALLED IN 1996.

Be it resolved by the House of Representatives:

That in accordance with the provisions of Rule 10.1 of the Rules of the House of Representatives, Will McCain, Howell Clyborne, Billy Routh, Cindy Konduras, Don Hottel, Angelia Tutko, Jeanine Greene, and Katherine Fanning, employees or representatives of the Office of the Governor, are granted special leave of the House to be admitted in the outer doors of the Chamber, in the Hall, and upon the Floor of the House of Representatives at any time during the regular 1996 session of the General Assembly and for any special session of the General Assembly such as may be ordered in 1996.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4423 -- Rep. Rice: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT A MARKER AT THE INTERSECTION OF UNITED STATES HIGHWAY 25 AND SOUTH CAROLINA HIGHWAY 124 IN GREENVILLE COUNTY HONORING MR. RICKY DALE PERRY.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 4424 -- Rep. Rice: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 123 IN


Printed Page 99 . . . . . Wednesday, January 10, 1996

GREENVILLE COUNTY FROM WHITE HORSE ROAD TO PENDLETON STREET IN HONOR OF JOSEPH JEFFERSON WOFFORD "SHOELESS JOE" JACKSON.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1004 -- Senators Giese, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION TO CONGRATULATE THOSE LAW ENFORCEMENT AGENCIES IN SOUTH CAROLINA INCLUDING THE GREENVILLE SHERIFF'S DEPARTMENT, MT. PLEASANT POLICE DEPARTMENT, CHARLESTON POLICE DEPARTMENT, SOUTH CAROLINA LAW ENFORCEMENT DIVISION (SLED), GREENVILLE POLICE DEPARTMENT, IRMO POLICE DEPARTMENT, SUMTER POLICE DEPARTMENT, AND THE SAVANNAH RIVER SITE LAW ENFORCEMENT DEPARTMENT WHICH HAVE BEEN ACCREDITED NATIONALLY BY THE COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES, INC. (C.A.L.E.A.) OR WHICH ARE IN THE PROCESS OF BECOMING SO ACCREDITED, AND TO COMMEND THE SOUTH CAROLINA POLICE ACCREDITATION COALITION TO WHICH THESE AGENCIES BELONG FOR ITS EFFORTS IN IMPROVING LAW ENFORCEMENT IN OUR STATE.

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

CONCURRENT RESOLUTION

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

S. 1006 -- Senator Saleeby: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, JANUARY 31, 1996, AS THE TIME FOR ELECTING SUCCESSORS TO THE THREE


Printed Page 100 . . . . . Wednesday, January 10, 1996

COMMISSIONERS FOR THE EMPLOYMENT SECURITY COMMISSION, WHOSE CURRENT TERMS EXPIRE JUNE 30, 1996.


| Printed Page 80, Jan. 9 | Printed Page 100, Jan. 10 |

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