Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

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| Printed Page 1990, Mar. 23 | Printed Page 2010, Mar. 23 |

Printed Page 2000 . . . . . Thursday, March 23, 1995

H. 3837--POINT OF ORDER

The following Bill was taken up.

H. 3837 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS OF WORKERS' COMPENSATION HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT WHEN AN EMPLOYEE HAS BEEN OUT OF WORK DUE TO A REPORTED WORK-RELATED INJURY OR OCCUPATIONAL DISEASE FOR EIGHT DAYS, AN EMPLOYER MAY START TEMPORARY TOTAL DISABILITY PAYMENTS IMMEDIATELY AND MAY CONTINUE SUCH PAYMENTS FOR UP TO ONE HUNDRED TWENTY DAYS WITHOUT WAIVER OF ANY GROUNDS FOR DENIAL OF A CLAIM AS MAY APPEAR FOLLOWING A GOOD FAITH INVESTIGATION, PROVIDE FOR THE TERMINATION OR SUSPENSION OF TEMPORARY DISABILITY COMPENSATION, AND PROVIDE FOR RELATED MATTERS.

POINT OF ORDER

Rep. CLYBURN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 3838--POINT OF ORDER

The following Bill was taken up.

H. 3838 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE.


Printed Page 2001 . . . . . Thursday, March 23, 1995

POINT OF ORDER

Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 3839--POINT OF ORDER

The following Bill was taken up.

H. 3839 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 34-3-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COPIES AND REPRODUCTIONS OF BANKING RECORDS AND THEIR ADMISSIBILITY INTO EVIDENCE, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE RECORDS MAY BE COPIED AND REPRODUCED, TO REVISE THE ENTITIES TO WHICH THIS SECTION APPLIES, AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH COPIES AND REPRODUCTIONS OF THESE RECORDS MAY BE ADMITTED INTO EVIDENCE.

POINT OF ORDER

Rep. COBB-HUNTER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 3840--POINT OF ORDER

The following Bill was taken up.

H. 3840 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 34-3-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF CONDITION OF INSTITUTIONS IN THIS STATE LENDING MONEY AND RECEIVING DEPOSITS, SO AS TO FURTHER PROVIDE FOR THE SUBMITTING OF THESE REPORTS; TO AMEND SECTION 34-3-420, RELATING TO STATEMENTS OF CONDITION WHICH MUST BE SENT TO THE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO REVISE THE DATE THESE REPORTS MUST BE SUBMITTED AND THE CONDITIONS UNDER WHICH THESE REPORTS ARE REQUIRED AND SUBMITTED; AND TO REPEAL SECTIONS 34-3-390, 34-3-400, AND 34-3-410 RELATING TO STATEMENTS OF


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CONDITION REQUIRED OF CERTAIN BANKS OR INSTITUTIONS ENGAGED IN THE BANKING BUSINESS.

POINT OF ORDER

Rep. MASON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 3816--POINT OF ORDER

The following Bill was taken up.

H. 3816 -- Reps. Quinn, Koon, Tripp, A. Young, Seithel, Knotts, Fulmer, H. Brown, Rice, Meacham, Littlejohn, Cain, Sharpe, Simrill, Cato, Mason, Wofford, Limbaugh, Hutson, Kelley, Hallman, Witherspoon, Cooper, Wright, Stille, Trotter, Huff, Law, Chamblee, Haskins, Wells, D. Smith, Riser, Davenport, Robinson, R. Smith, Vaughn, Herdklotz, Walker, Fleming, Klauber, Waldrop, Dantzler, Fair, Whatley and Easterday: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-163 SO AS TO REQUIRE ALL PORTRAITS, FLAGS, BANNERS, MONUMENTS, STATUES, AND PLAQUES WHICH MAY BE REMOVED FROM THE STATE HOUSE DURING RENOVATIONS TO THEIR ORIGINAL LOCATION WHEN THE STATE HOUSE IS REOCCUPIED AND PROVIDE THAT THE LOCATION OF THESE ITEMS MUST NOT BE CHANGED UNLESS APPROVED BY AN ACT PASSED BY THE GENERAL ASSEMBLY.

POINT OF ORDER

Rep. COBB-HUNTER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 3606--OBJECTION WITHDRAWN

Rep. ROBINSON withdrew his objection to H. 3606 however, other objections remained upon the Bill.

STATEMENT BY REP. SHEHEEN

Rep. SHEHEEN, with unanimous consent, made a statement relative to the Joint Assembly of March 22.


Printed Page 2003 . . . . . Thursday, March 23, 1995

H. 3534--SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

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

H. 3534 -- Reps. Wilkins, Tripp, Knotts, Whatley, Harrell, Wofford, A. Young, Hutson, Sandifer, Walker, Littlejohn, Herdklotz, Jaskwhich, Meacham, Fleming, Cain, Kelley, Simrill, Law, Mason, Jennings, Kennedy, Cato, Rice, Klauber, Stuart, Gamble, J. Young, Cotty, Shissias, Haskins, Harrison, Riser, Huff, Robinson, Marchbanks, H. Brown, Witherspoon, Baxley, Lanford, Waldrop and Easterday: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTER 10 ENACTING THE ENTERPRISE ZONE ACT OF 1995 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF ENTERPRISE ZONES IN WHICH VARIOUS TAX INCENTIVES MAY APPLY FOR BUSINESSES, TO PROVIDE THE CRITERIA FOR AREAS TO QUALIFY AS ENTERPRISE ZONES, TO PROVIDE THAT BUSINESSES QUALIFY FOR ENTERPRISE ZONE INCENTIVES BY MEANS OF ENTERING INTO A REVITALIZATION AGREEMENT WITH THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, TO PROVIDE INCENTIVES, DEPENDING ON ELIGIBILITY, THAT INCLUDE THE MAXIMUM CREDIT ALLOWED UNDER THE TARGETED JOBS TAX CREDIT AND AN ADDITIONAL CREDIT FOR EMPLOYEES FORMERLY RECEIVING AFDC, FEE IN LIEU OF TAXES FOR PROPERTY TAXES, RETAINING AN AMOUNT OF EMPLOYEE WAGES NOT TO EXCEED FIVE PERCENT FOR FIFTEEN YEARS FOR DEVELOPMENT EXPENSES AND ALLOWING INDIVIDUAL INCOME TAX CREDITS FOR EMPLOYEES AND WITHHOLDING TAX CREDITS FOR EMPLOYERS AND EMPLOYEES EQUAL TO THE RETAINED AMOUNT, AND TO PROVIDE THE CRITERIA FOR SELECTING OF QUALIFYING BUSINESSES AND PROJECTS.

Rep. THOMAS proposed the following Amendment No. 1A (Doc Name L:\council\legis\amend\JIC\5481AC.95), which was tabled.

Amend the bill, as and if amended, Section 12-10-40, as contained in Section 1 of the bill by inserting on page 3534-3, line 14:

/Notwithstanding any other provision of this section or chapter, the area south of the Waccamaw River and south of Highway 521 to the Charleston


Printed Page 2004 . . . . . Thursday, March 23, 1995

County line and west to the Williamsburg County line is designated as an enterprise zone./

Rep. THOMAS explained the amendment.

Rep. HARRELL spoke against the amendment.

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

Rep. THOMAS proposed the following Amendment No. 2A, which was tabled.

Amend the bill, as and if amended, Section 12-10-40, as contained in Section 1 of the bill by inserting on page 3534-3, line 14:

/Notwithstanding any other provision of this section or chapter, the area designated as Census Zone 9808 in Georgetown County.

Rep. THOMAS explained the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 65; Nays 44

Those who voted in the affirmative are:

Allison          Bailey           Boan
Brown, H.        Cain             Cato
Chamblee         Clyburn          Cooper
Cotty            Dantzler         Davenport
Easterday        Elliott          Fair
Fulmer           Hallman          Harrell
Harris, J.       Harrison         Haskins
Herdklotz        Howard           Huff
Kirsh            Klauber          Knotts
Koon             Law              Limbaugh
Limehouse        Littlejohn       Marchbanks
Mason            McAbee           McCraw
McKay            Meacham          Phillips
Quinn            Rhoad            Rice
Riser            Robinson         Sandifer
Seithel          Sharpe           Simrill
Smith, D.        Smith, R.        Stille
Stoddard         Stuart           Tripp
Trotter          Vaughn           Waldrop


Printed Page 2005 . . . . . Thursday, March 23, 1995


Walker Wells Whatley
Wilder Wilkins Wofford
Wright Young, A.

Total--65

Those who voted in the negative are:

Anderson         Askins           Baxley
Breeland         Brown, G.        Brown, J.
Byrd             Carnell          Cave
Delleney         Fleming          Gamble
Harris, P.       Harwell          Hines
Hutson           Inabinett        Jennings
Keegan           Kelley           Keyserling
Kinon            Lanford          Lloyd
Martin           McElveen         McMahand
McTeer           Moody-Lawrence   Neal
Richardson       Rogers           Scott
Sheheen          Spearman         Thomas
Tucker           Whipper, L.      Whipper, S.
White            Wilkes           Williams
Worley           Young, J.

Total--44

So, the amendment was tabled.

Rep. THOMAS proposed the following Amendment No. 5A (Doc Name L:\council\legis\amend\JIC\5481AC.95), which was tabled.

Amend the bill, as and if amended, Section 12-10-40, as contained in Section 1of the bill by inserting on page 3534-3, line 14:

/Notwithstanding any other provision of this section or chapter, the area south of the Waccamaw River and south of Highway 521 to the Charleston County line and west to the Williamsburg County line is designated as an enterprise zone. Subject to review as other enterprise zones created by this act./

Rep. THOMAS explained the amendment.

Rep. HARRELL moved to table the amendment.


Printed Page 2006 . . . . . Thursday, March 23, 1995

Rep. THOMAS demanded the yeas and nays, which were taken resulting as follows:
Yeas 63; Nays 45

Those who voted in the affirmative are:

Bailey           Boan             Brown, H.
Cain             Cato             Clyburn
Cotty            Dantzler         Davenport
Easterday        Elliott          Fair
Felder           Fulmer           Hallman
Harrell          Harris, J.       Harris, P.
Harrison         Harwell          Haskins
Herdklotz        Huff             Hutson
Jennings         Kinon            Kirsh
Klauber          Koon             Law
Limbaugh         Limehouse        Littlejohn
Marchbanks       Mason            McCraw
McKay            Meacham          Phillips
Quinn            Rhoad            Rice
Riser            Robinson         Sandifer
Seithel          Sharpe           Simrill
Smith, R.        Stille           Stuart
Townsend         Tripp            Trotter
Vaughn           Waldrop          Walker
Wells            Whatley          Wilder
Wilkins          Wofford          Young, A.

Total--63

Those who voted in the negative are:

Anderson         Askins           Baxley
Breeland         Brown, J.        Byrd
Carnell          Cave             Chamblee
Cooper           Cromer           Delleney
Fleming          Gamble           Hines
Howard           Inabinett        Keegan
Kelley           Keyserling       Knotts
Lanford          Lloyd            Martin
McElveen         McMahand         McTeer
Moody-Lawrence   Neal             Neilson
Richardson       Rogers           Scott


Printed Page 2007 . . . . . Thursday, March 23, 1995


Sheheen          Spearman         Stoddard
Thomas           Tucker           Whipper, L.
Whipper, S.      Wilkes           Williams
Worley           Wright           Young, J.

Total--45

So, the amendment was tabled.

Rep. THOMAS proposed the following Amendment No. 3A, which was tabled.

Amend the bill, as and if amended, Section 12-10-40, as contained in Section 1 of the bill by inserting on page 3534-3, line 14:

/Notwithstanding any other provision of this section or chapter, the area in Georgetown County located south of the Waccamaw River and south of Highway 521 to the abutting county lines. Subject to review as any other enterprise zones created by this act./

Rep. THOMAS explained the amendment.

POINT OF ORDER

Rep. HASKINS raised the Point of Order that Amendment No. 3-A was out of order as it was the same as Amendment No. 5-A, which had already been proposed and defeated.

Rep. THOMAS argued contra the Point in stating that it was not exactly the same.

The SPEAKER overruled the Point of Order.

Rep. HARRELL moved to table the amendment.

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

Yeas 65; Nays 46

Those who voted in the affirmative are:

Allison          Bailey           Boan
Brown, H.        Cain             Cato
Cotty            Cromer           Dantzler
Davenport        Easterday        Elliott
Fair             Felder           Fulmer
Hallman          Harrell          Harris, J.


Printed Page 2008 . . . . . Thursday, March 23, 1995


Harris, P.       Harrison         Harwell
Haskins          Herdklotz        Huff
Hutson           Kennedy          Kinon
Kirsh            Klauber          Knotts
Koon             Law              Limbaugh
Limehouse        Littlejohn       Marchbanks
Mason            McCraw           McKay
Meacham          Quinn            Rice
Riser            Robinson         Sandifer
Seithel          Sharpe           Simrill
Smith, D.        Smith, R.        Spearman
Stille           Stuart           Tripp
Trotter          Vaughn           Waldrop
Walker           Wells            Whatley
Wilder           Wilkins          Wofford
Wright           Young, A.

Total--65

Those who voted in the negative are:

Anderson         Askins           Baxley
Breeland         Brown, G.        Brown, J.
Brown, T.        Byrd             Canty
Carnell          Cave             Delleney
Fleming          Gamble           Hines
Howard           Inabinett        Jennings
Keegan           Kelley           Keyserling
Lanford          Lloyd            Martin
McElveen         McMahand         McTeer
Moody-Lawrence   Neilson          Phillips
Rhoad            Richardson       Rogers
Scott            Sheheen          Shissias
Stoddard         Thomas           Tucker
Whipper, L.      Whipper, S.      White
Wilkes           Williams         Worley
Young, J.

Total--46

So, the amendment was tabled.


Printed Page 2009 . . . . . Thursday, March 23, 1995

Rep. HARRELL explained the Senate amendments.

LEAVE OF ABSENCE

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

The question then recurred to the motion to concur or non-concur.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. HASKINS.

H. 3651--ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 30, immediate cloture having been ordered.

H. 3651 -- Rep. H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-330 SO AS TO ESTABLISH THE STATE PROPERTY TAX CREDIT FUND AND REQUIRE ANNUAL APPROPRIATIONS TO THE FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-251 SO AS TO ALLOW A HOMESTEAD EXEMPTION FROM PROPERTY TAXES OTHER THAN THOSE LEVIED FOR BONDED INDEBTEDNESS EQUAL TO TWENTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS OF FAIR MARKET VALUE ESCALATING, DEPENDING ON REVENUES IN THE STATE PROPERTY TAX CREDIT FUND TO A COMPLETE EXEMPTION FROM ALL TAXES EXCEPT THOSE LEVIED FOR BONDED INDEBTEDNESS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-217 SO AS TO REQUIRE TRIENNIAL REASSESSMENT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-75, AND 59-73-35 SO AS TO IMPOSE SPENDING LIMITS ON COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE DISTRICTS AND IMPOSE AN AD VALOREM TAX REVENUE LIMITATION ON SCHOOL DISTRICTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-350 SO AS TO PROVIDE A STANDARDIZED TAX BILL; AND TO AMEND THE 1976 CODE BY ADDING SECTION


Printed Page 2010 . . . . . Thursday, March 23, 1995

6-1-60 SO AS TO PROVIDE FOR NOTICE REQUIREMENTS FOR LOCAL GOVERNMENT BUDGETING.


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