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

Page Finder Index
| Printed Page 2210, Apr. 5 | Printed Page 2230, Apr. 5 |
Printed Page 2220 . . . . . Wednesday, April 5, 1995
Renumber sections to conform.

Amend title to conform.

POINT OF ORDER

Rep. COOPER raised the Point of Order that Amendment No. 2 was out of order as it was not germane.

The SPEAKER sustained the Point of Order and ruled the amendment out of order.

The question then recurred to the passage of the Bill on second reading.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 74; Nays 24

Those who voted in the affirmative are:

Allison          Askins           Boan
Breeland         Brown, G.        Brown, J.
Byrd             Cain             Cato
Cave             Chamblee         Cobb-Hunter
Cooper           Cotty            Cromer
Dantzler         Davenport        Gamble
Govan            Harris, J.       Harrison
Harwell          Hines            Howard
Huff             Hutson           Inabinett
Jaskwhich        Jennings         Keegan
Kelley           Kinon            Lanford
Law              Littlejohn       Lloyd
Marchbanks       Martin           Mason
McCraw           McKay            McTeer
Meacham          Neal             Neilson
Rhoad            Richardson       Riser
Sandifer         Scott            Seithel
Sharpe           Sheheen          Shissias
Smith, R.        Spearman         Stuart
Thomas           Townsend         Tripp
Trotter          Tucker           Waldrop
Walker           Wells            Whipper, L.
White            Wilder           Wilkes

Printed Page 2221 . . . . . Wednesday, April 5, 1995
Wilkins          Witherspoon      Wofford
Worley           Young, A.

Total--74

Those who voted in the negative are:

Anderson         Bailey           Baxley
Brown, H.        Carnell          Easterday
Elliott          Fair             Fulmer
Hallman          Harrell          Herdklotz
Kirsh            Klauber          Knotts
Koon             Limehouse        McAbee
Rice             Robinson         Simrill
Vaughn           Whatley          Wright
Total--24

So, the Bill was read the second time and ordered to third reading.

H. 3549--DEBATE ADJOURNED

Rep. SHARPE moved to adjourn debate upon the following Bill until Wednesday, April 12, which was adopted.

H. 3549 -- Rep. Sharpe: A BILL TO AMEND SECTION 44-56-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR PERMITS AND PERMIT ISSUANCE UNDER THE "SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT", SO AS TO PROVIDE FOR THE FORMS OF FINANCIAL ASSURANCE REQUIRED TO ENSURE THE AVAILABILITY OF FUNDS FOR CLEAN-UP COSTS AND RESTORATION OF ENVIRONMENTAL IMPAIRMENT ARISING FROM A FACILITY.

H. 3305--MOTION TO RECONSIDER REJECTED

Rep. HODGES moved to reconsider the vote whereby the following Bill was tabled.

H. 3305 -- Reps. Kennedy, Whatley, Askins, Delleney, McCraw, S. Whipper and Phillips: A BILL TO AMEND SECTION 57-5-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTALLATION OF RIGHT-OF-WAY ENTRANCES

Printed Page 2222 . . . . . Wednesday, April 5, 1995
AND APRONS, SO AS TO REQUIRE INSTALLATION FOR EXISTING BUSINESS FACILITIES AND TO LIMIT THE LENGTH OF AN ENTRANCE.

Rep. HUFF moved to table the motion to reconsider.

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

Yeas 51; Nays 52

Those who voted in the affirmative are:

Allison          Bailey           Brown, H.
Cain             Cato             Chamblee
Cooper           Cotty            Dantzler
Davenport        Easterday        Elliott
Fair             Fulmer           Hallman
Harrell          Harwell          Herdklotz
Huff             Hutson           Jaskwhich
Keegan           Kelley           Kinon
Kirsh            Lanford          Law
Limehouse        Littlejohn       Marchbanks
Meacham          Rhoad            Robinson
Sandifer         Seithel          Sharpe
Simrill          Smith, D.        Smith, R.
Thomas           Tripp            Trotter
Vaughn           Waldrop          Wells
Whatley          Wilkins          Witherspoon
Wofford          Worley           Young, A.

Total--51

Those who voted in the negative are:

Anderson         Askins           Baxley
Breeland         Brown, G.        Brown, J.
Byrd             Canty            Carnell
Cave             Clyburn          Cobb-Hunter
Cromer           Gamble           Govan
Harris, J.       Harrison         Hines
Hodges           Howard           Inabinett
Jennings         Kennedy          Klauber
Knotts           Koon             Lloyd

Printed Page 2223 . . . . . Wednesday, April 5, 1995
Martin           Mason            McAbee
McCraw           McKay            McTeer
Neal             Neilson          Quinn
Rice             Riser            Rogers
Scott            Sheheen          Shissias
Spearman         Stuart           Tucker
Walker           Whipper, L.      Whipper, S.
White            Wilder           Wilkes
Wright

Total--52

So, the House refused to table the motion to reconsider.

The question then recurred to the motion to reconsider.

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

Yeas 48; Nays 53

Those who voted in the affirmative are:

Anderson         Askins           Baxley
Breeland         Brown, G.        Brown, J.
Byrd             Canty            Carnell
Cave             Cobb-Hunter      Cooper
Cromer           Gamble           Govan
Harris, J.       Hines            Howard
Inabinett        Jennings         Kennedy
Knotts           Koon             Lanford
Lloyd            McAbee           McCraw
McTeer           Neal             Neilson
Quinn            Rice             Richardson
Riser            Scott            Sheheen
Spearman         Stuart           Townsend
Trotter          Tucker           Walker
Whipper, L.      Whipper, S.      White
Wilder           Wilkes           Wright

Total--48


Printed Page 2224 . . . . . Wednesday, April 5, 1995
Those who voted in the negative are:
Allison          Bailey           Brown, H.
Cain             Cato             Chamblee
Clyburn          Cotty            Dantzler
Davenport        Easterday        Elliott
Fair             Felder           Fulmer
Hallman          Harrell          Harwell
Herdklotz        Huff             Hutson
Jaskwhich        Keegan           Kelley
Kinon            Kirsh            Klauber
Law              Limehouse        Littlejohn
Marchbanks       Mason            McKay
Meacham          Rhoad            Robinson
Sandifer         Seithel          Sharpe
Shissias         Simrill          Smith, D.
Smith, R.        Thomas           Tripp
Vaughn           Waldrop          Wells
Whatley          Wilkins          Wofford
Worley           Young, A.

Total--53

So, the motion to reconsider was rejected.

H. 3599--DEBATE ADJOURNED

Rep. RICHARDSON moved to adjourn debate upon the following Bill until Tuesday, April 11, which was adopted.

H. 3599 -- Rep. Richardson: A BILL TO AMEND SECTION 42-1-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF CASUAL EMPLOYEES AND CERTAIN OTHER EMPLOYMENTS FROM TITLE 42, WORKERS' COMPENSATION, SO AS TO ADD TO THE LIST OF SUCH EXEMPTIONS EMPLOYEES COVERED BY THE LONGSHORE & HARBOR WORKERS' COMPENSATION ACT.

Further proceedings were interrupted by the Ratification of Acts.

Printed Page 2225 . . . . . Wednesday, April 5, 1995
RATIFICATION OF ACTS

At 3:00 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified.

(R47) S. 312 -- Senator Alexander: AN ACT TO AMEND SECTION 39-15-1105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADEMARKS AND SERVICE MARKS, SO AS TO PROVIDE THAT "TRADEMARK" ALSO MEANS THE SYMBOL, EMBLEM, SIGN, INSIGNIA, OR ANY COMBINATION OF THESE, OF THE UNITED STATES OLYMPIC COMMITTEE OR THE INTERNATIONAL OLYMPIC COMMITTEE.

(R48) S. 316 -- Senator Courtney: AN ACT TO AMEND SECTION 16-17-495, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTING A CHILD UNDER SIXTEEN YEARS OF AGE OUTSIDE OF THE STATE WITH INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO REVISE THE PENALTIES.

(R49) S. 391 -- Senator Leatherman: AN ACT TO AMEND ACT 806 OF 1952, RELATING TO ANNUAL MEETINGS OF THE SCHOOL DISTRICTS OF FLORENCE COUNTY, SO AS TO CHANGE THE DATE OF THE MEETING FOR FLORENCE SCHOOL DISTRICT 4 FROM APRIL FIFTEENTH TO THE SECOND THURSDAY IN JUNE OF EACH YEAR.

(R50) H. 3143 -- Reps. D. Smith, Inabinett, Kelley, Seithel and Cain: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-130 SO AS TO PROVIDE FOR GOLF WEEK.

(R51) H. 3190 -- Reps. P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Rhoad, Shissias and Wilkes: AN ACT TO AMEND SECTIONS 43-21-10 AND 43-21-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION ON AGING IN THE OFFICE OF THE GOVERNOR AND ITS ADVISORY COMMISSION SO AS TO CHANGE ITS NAME TO THE ADVISORY COUNCIL AND REVISE ITS COMPOSITION AND TO PROVIDE FOR NOMINATIONS TO BE MADE FROM WHICH THE GOVERNOR SHALL MAKE THE APPOINTMENTS WITH THE ADVICE AND CONSENT OF THE SENATE.

Printed Page 2226 . . . . . Wednesday, April 5, 1995
(R52) H. 3487 -- Reps. Hutson, Moody-Lawrence, Baxley, Jennings, Cain, Neilson, Quinn, Cromer, Harrison, Cobb-Hunter, Cave, L. Whipper, Bailey, Sharpe, McElveen, Worley, S. Whipper, Koon, Knotts, Kennedy, Law, Walker, Wilder, Simrill, White, Inabinett, Limehouse, Fulmer, J. Harris, Robinson, Kelley, Wells, Trotter, Neal, Williams, Shissias, Hines, Keyserling, Riser, Rhoad, Kinon, Harwell, Witherspoon, Davenport, Seithel, Whatley, Richardson, J. Brown, Byrd, McMahand, H. Brown, G. Brown, Townsend, R. Smith, J. Young, Spearman, Carnell, D. Smith, Herdklotz, Huff, Rice, Vaughn, Stuart, Stille, Meacham, Wright, Wilkes, Limbaugh, Lloyd, Keegan, Haskins, Phillips, Wofford, McAbee, P. Harris, Hodges, Tucker, Dantzler, Askins, Howard, Lanford, Klauber and Allison: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-692 SO AS TO DESIGNATE SOUTH CAROLINA GROWN TEA AS THE OFFICIAL HOSPITALITY BEVERAGE OF THE STATE.

(R53) H. 3577 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CAMPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1807, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R54) H. 3659 -- Rep. Cato: AN ACT TO AMEND ACT 199 OF 1971, AS AMENDED, RELATING TO THE NORTH GREENVILLE FIRE DISTRICT, SO AS TO PROVIDE THAT MEMBERS OF THE GOVERNING BODY MUST BE ELECTED ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF ODD-NUMBERED YEARS AND PROVIDE THAT THE TERMS OF MEMBERS SERVING ON THE EFFECTIVE DATE OF THIS ACT ARE EXTENDED UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.

(R55) H. 3775 -- Reps. H. Brown, Wofford, Williams, Law and Dantzler: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1275 SO AS TO ALLOW CREDITS AGAINST THE CORPORATE INCOME TAX, CORPORATE LICENSE TAX, SALES AND USE TAX, LOCAL OPTION SALES AND USE TAX, AND SIMILAR TAXES FOR A TAXPAYER CONSTRUCTING OR OPERATING A QUALIFIED

Printed Page 2227 . . . . . Wednesday, April 5, 1995
RECYCLING FACILITY AND TO DEFINE "QUALIFIED RECYCLING FACILITY" AND OTHER TERMS ASSOCIATED WITH THIS CREDIT; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE IN LIEU OF TAXES, SO AS TO PROVIDE SPECIAL PROVISIONS FOR A FEE IN LIEU AGREEMENT FOR A PROJECT THAT IS A QUALIFIED RECYCLING FACILITY, INCLUDING, AMONG OTHER THINGS, A TERM OF NOT MORE THAN THIRTY-SEVEN YEARS, AN ASSESSMENT RATIO OF NOT LESS THAN THREE PERCENT, AND A SPECIAL CALCULATION OF NET PRESENT VALUE; TO AMEND SECTION 12-7-1200, RELATING TO THE ACCOUNTING BASIS OF INCOME TAX RETURNS, SO AS TO AUTHORIZE SEPARATE ACCOUNTING FOR THE BUSINESS ACTIVITIES OF A TAXPAYER CONSTRUCTING OR OPERATING A QUALIFIED RECYCLING FACILITY WITH THE APPROVAL OF THE DEPARTMENT OF REVENUE AND TAXATION AFTER THE CERTIFICATION OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT AND TO AUTHORIZE THIS SPECIAL ACCOUNTING METHOD FOR THE TAXPAYER'S SUBSIDIARIES; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT PROPERTY AND FUELS USED BY OR FOR A QUALIFIED RECYCLING FACILITY; TO ALLOW A TAXPAYER CONSTRUCTING OR OPERATING A QUALIFIED RECYCLING FACILITY INCOME, SALES AND USE, AND CORPORATE LICENSE TAX CREDITS IN THE AMOUNT OF JOB DEVELOPMENT FEES COLLECTED BY THE TAXPAYER; TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO THE VALUATION OF PROPERTY AND THE ANNUAL DEPRECIATION ALLOWED FOR MANUFACTURER'S MACHINERY AND EQUIPMENT FOR PURPOSES OF THE PROPERTY TAX, SO AS TO PROVIDE AN ANNUAL DEPRECIATION ALLOWANCE OF THIRTY PERCENT FOR ELECTRONIC INTERCONNECTION COMPONENT ASSEMBLY DEVICES FOR COMPUTERS AND COMPUTER PERIPHERALS AND TO ALLOW ORIGINAL COST OF THE CUSTOM MOLDS AND DIES USED TO MANUFACTURE SUCH DEVICES TO BE REDUCED BY NINETY PERCENT AND TO PROVIDE DEFINITIONS; TO AMEND SECTION 12-7-1220, AS AMENDED, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE THAT TWO HALF-TIME JOBS ARE CONSIDERED ONE FULL-TIME JOB AND TO DEFINE HALF-TIME JOB FOR PURPOSES OF DETERMINING ELIGIBILITY FOR THE CREDIT; AND TO AMEND THE 1976 CODE
Printed Page 2228 . . . . . Wednesday, April 5, 1995
BY ADDING SECTIONS 12-10-40 AND 12-10-80 SO AS TO PROVIDE THE CRITERIA FOR THE DESIGNATION OF ENTERPRISE ZONES AND TO ALLOW A QUALIFYING BUSINESS IN AN ENTERPRISE ZONE TO COLLECT A JOB DEVELOPMENT FEE FROM THE WAGES OF EMPLOYEES AND TO PROVIDE THE USE OF THESE FEES.

(R56) H. 3826 -- Reps. Carnell, McAbee, Boan, Hallman and Keegan: AN ACT TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE JOHN DE LA HOWE SCHOOL; TO AMEND SECTION 2-7-105, AS AMENDED, RELATING TO STATE CAPITAL IMPROVEMENT BONDS BEING AUTHORIZED BY THE GENERAL ASSEMBLY IN ODD-NUMBERED YEARS AND STATE HIGHWAY BONDS MAY BE AUTHORIZED BY THE GENERAL ASSEMBLY IN EVEN-NUMBERED YEARS, SO AS TO DELETE THE PROVISION REGARDING THE GENERAL ASSEMBLY AUTHORIZING STATE HIGHWAY BONDS IN EVEN-NUMBERED YEARS; TO AMEND SECTION 57-11-220, AS AMENDED, RELATING TO THE ISSUANCE OF STATE HIGHWAY BONDS, SO AS TO PROVIDE A PROCEDURE FOR THE ISSUANCE OF STATE HIGHWAY BONDS BY THE STATE BUDGET AND CONTROL BOARD; BY ADDING SECTION 57-11-235, SO AS TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO ISSUE STATE HIGHWAY BONDS; TO AMEND SECTION 57-11-240, AS AMENDED, RELATING TO THE MAXIMUM ANNUAL DEBT SERVICE ON GENERAL OBLIGATION BONDS, SO AS TO DELETE A REFERENCE TO SECTION 2-7-105.

THE HOUSE RESUMES

At 3:05 P.M. the House resumed, the SPEAKER in the Chair.

H. 3835--ORDERED TO THIRD READING

The following Bill was taken up.

H. 3835 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND

Printed Page 2229 . . . . . Wednesday, April 5, 1995
PROVISIONS, AND PROVIDE THAT "AVERAGE WEEKLY WAGE" MUST BE CALCULATED BY TAKING THE TOTAL WAGES PAID FOR THE LAST FOUR QUARTERS IMMEDIATELY PRECEDING THE QUARTER IN WHICH THE INJURY OCCURRED AS REPORTED ON THE EMPLOYMENT SECURITY COMMISSION'S EMPLOYER CONTRIBUTION REPORTS DIVIDED BY FIFTY-TWO OR BY THE ACTUAL NUMBER OF WEEKS FOR WHICH WAGES WERE PAID, WHICHEVER IS LESS; TO AMEND SECTION 42-9-360, RELATING TO ASSIGNMENTS OF WORKERS' COMPENSATION AND EXEMPTIONS FROM THE CLAIMS OF CREDITORS AND TAXES, SO AS TO ADD PROVISIONS TO THE SECTION INCLUDING, AMONG OTHER THINGS, THE PROVISION THAT IT SHALL BE UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO ACTIVELY PURSUE COLLECTION PROCEDURES AGAINST A WORKERS' COMPENSATION CLAIMANT BEFORE THE FINAL ADJUDICATION OF THE CLAIMANT'S CLAIM; AND TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO THE WORKERS' COMPENSATION LAW AND EMPLOYERS' RECORDS AND REPORTS OF INJURIES, SO AS TO DELETE THE CURRENT PROVISIONS OF THE SECTION, AND PROVIDE, AMONG OTHER THINGS, THAT EVERY EMPLOYER SHALL KEEP A RECORD OF ALL INJURIES RECEIVED BY HIS EMPLOYEES IN THE COURSE OF THEIR EMPLOYMENT ON FORMS APPROVED BY THE WORKERS' COMPENSATION COMMISSION AND THAT CERTAIN INJURIES MUST BE REPORTED IN WRITING TO THE COMMISSION ACCORDING TO CERTAIN GUIDELINES.

Rep. CATO explained the Bill.

The question then recurred to the passage of the Bill on second reading.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 100; Nays 0

Those who voted in the affirmative are:

Allison          Anderson         Askins
Bailey           Baxley           Breeland
Brown, G.        Brown, H.        Brown, T.
Byrd             Cain             Carnell
Cato             Cave             Chamblee
Clyburn          Cobb-Hunter      Cotty
Cromer           Dantzler         Davenport

Printed Page 2230 . . . . . Wednesday, April 5, 1995
Easterday        Elliott          Fair
Felder           Gamble           Govan
Hallman          Harrell          Harris, J.
Harrison         Herdklotz        Hines
Hodges           Howard           Huff
Hutson           Inabinett        Jennings
Keegan           Kelley           Kennedy
Kinon            Kirsh            Klauber
Knotts           Koon             Law
Limehouse        Littlejohn       Lloyd
Marchbanks       Martin           Mason
McAbee           McCraw           McElveen
McKay            McTeer           Meacham
Neal             Neilson          Quinn
Rice             Richardson       Riser
Robinson         Rogers           Sandifer
Scott            Seithel          Sharpe
Sheheen          Shissias         Simrill
Smith, D.        Smith, R.        Spearman
Stille           Stuart           Thomas
Townsend         Tripp            Trotter
Tucker           Vaughn           Waldrop
Walker           Wells            Whatley
Whipper, L.      Whipper, S.      Wilder
Wilkes           Wilkins          Witherspoon
Wofford          Worley           Wright
Young, A.

Total--100

Those who voted in the negative are: 

Total--0



So, the Bill was read the second time and ordered to third reading.





 | Printed Page 2210, Apr. 5
 | Printed Page 2230, Apr. 5
 | 




Page Finder Index