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 2910, Apr. 24 | Printed Page 2930, Apr. 24 |

Printed Page 2920 . . . . . Wednesday, April 24, 1996

The 1996 S.C. Folk Heritage Award Winners were escorted to the rostrum by Senators Wilson, Giese, G. Smith, Moore and Ford and Representatives COBB-HUNTER, JASKWHICH, KEEGAN, SPEARMAN and WILDER.

Lt. Governor Peeler made the following opening remarks:

"Today we honor four extraordinary South Carolinians for their achievement in keeping alive rare and endangered art forms that are rooted in the ethnic and traditional cultures of South Carolina. We appreciate the sense of community, the sense of beauty, and the feeling for South Carolina's uniqueness that our winners bring to us today and that they perpetuate for future generations. By honoring these citizens individually, we also acknowledge and honor the traditions that they represent. And now, the Honorable David Wilkins will present the 1996 winners of our South Carolina Folk Heritage Awards."

Speaker WILKINS made the following remarks:

"The South Carolina Folk Heritage Awards were created by the General Assembly to recognize lifetime achievement and excellence in traditional folk arts in South Carolina. During the decade that we have presented these awards in joint assembly, we have all gained a better understanding and appreciation of South Carolina's age-old traditions. Through our state's folk artists and their unique skills, we are better able to recognize and to reflect upon our cultural similarities and differences. This enhances our sense of identity and our sense of belonging as South Carolinians. We offer our encouragement and our support to our winners today, with the hope that the traditions that they so aptly represent will be passed on and will continue to thrive for the benefit of future generations of South Carolinians. Our 1996 winners were selected by an Awards Advisory Committee whose names are in your program. On behalf of the General Assembly, I thank them for volunteering their time, skill, and interest in making today's ceremony possible. I will now introduce this year's winners. Pat Ahrens is honored today with the Folk Heritage Advocacy Award. Through 25 years of dedicated support for the music form and through her own musical performance skills, she has enhanced South Carolina's heritage of bluegrass, old time country, and gospel music. She was a leader in establishing the association that supports this music and as we'll see after our presentations, she also plays the music very well.


Printed Page 2921 . . . . . Wednesday, April 24, 1996

Congratulations to Pat Ahrens, winner of our 1996 Folk Heritage Advocacy Award."

The SPEAKER presented the award to Ms. Pat Ahrens.

Speaker WILKINS:

"Our second winner is Bobby Branton. He is one of only a few remaining practitioners of the art of bladesmithing. He hand-forges blades for knives - which involves heating the metal to a red hot temperature and hammering it into a work of art. This is a difficult and rare process which he demonstrates throughout the State, hoping to keep the tradition alive. His hunting knives are considered among the best in the nation. We share Bobby's desire to keep this tradition alive as we present him with one of our three 1996 Folk Heritage Awards given to practicing artists."

The SPEAKER presented the award to Mr. Bobby Branton.

Speaker WILKINS:

"Our next winner is Claude Casey. Known as the `Carolina Hobo,' Claude Casey was for many years a star of radio, stage, and screen. From his teen years, he travelled the country performing in arenas ranging from street corners to radio shows. By 1938, his first band had recorded ten songs for the RCA Victor Bluebird label. He went on to a regular spot on one of the largest radio stations in the South. He made his movie debut with Dale Evans in `Swing Your Partner,' the first of many country and western films that he was to make. He had an illustrious music career. Today, he continues a close friendship with Roy Rogers and Dale Evans, and he is still involved with radio station WJES in Johnston, South Carolina, where he is often found creating a new song for his audiences to enjoy. Mr. Casey is now 83 years old and was unable to be with us today. At Mr. Casey's request, Dr. Larry Klein, host of The Bluegrass Sound on SCETV network, is here to accept this award on Mr. Casey's behalf."

The SPEAKER presented the award to Dr. Larry Klein for Mr. Claude Casey.

Speaker WILKINS:

"Our fourth winner is Wade Leitner. Thirty-five years ago, Mr. Leitner saw a guitar in a pawn shop window and decided that he ought to make one for himself. After many years of refining his skills, he is now known as the Stradivarius of acoustical stringed instruments. He makes fiddles, guitars, and more. You may have heard his instruments played by artists like Bill Haney of the Zazzoff Boys, or Pappy Sherill of


Printed Page 2922 . . . . . Wednesday, April 24, 1996

the Hired Hands. Using ordinary and even home-made tools, it takes Mr. Leitner 150 to 180 hours to build a fiddle. The designs vary, but his instruments always look and sound exquisite. For Mr. Leitner's self-taught mastery of this unique skill, we present him with our 1996 Folk Heritage Award."

The SPEAKER presented the award to Mr. Wade Leitner.

Speaker WILKINS then recognized Pat Ahrens and her bluegrass band, "Gill Creek," who performed for the Joint Assembly.

Upon the conclusion of the presentation, the distinguished guests and escort party retired from the Chamber.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.

The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:25 P.M. the House resumed, the SPEAKER in the Chair.

Rep. YOUNG-BRICKELL moved that the House recede until 1:45 P.M., which was adopted.

THE HOUSE RESUMES

At 1:45 P.M. the House resumed, ACTING SPEAKER CATO in the Chair.

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

SPEAKER IN CHAIR

H. 4706--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of amendments.

H. 4706 -- Reps. Wilkins, Kennedy, Harrell, Hutson, Neilson, S. Whipper, J. Hines, Harvin, Howard, Askins, White, Fleming,


Printed Page 2923 . . . . . Wednesday, April 24, 1996

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 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
Printed Page 2924 . . . . . Wednesday, April 24, 1996

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 "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
Printed Page 2925 . . . . . Wednesday, April 24, 1996

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, 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
Printed Page 2926 . . . . . Wednesday, April 24, 1996

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. KIRSH proposed the following Amendment No. 3 (Doc Name P:\amend\JIC\5858SD.96), which was adopted.

Amend the Report of the Committee on Ways and Means, as and if amended, in Section 12-6-3360(L) of the 1976 Code, as contained in SECTION 11, by striking /1990/ on line 11 of page 4706-43 and inserting /1990 most recent/

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 4 (Doc Name P:\amend\JIC\5859SD.96), which was tabled.

Amend the Report of the Committee on Ways and Means, as and if amended, by striking SECTION 22, which begins on line 16 of page 4706-57, and by striking SECTION 24, which begins on line 28 of page 4706-57/.


Printed Page 2927 . . . . . Wednesday, April 24, 1996

Renumber sections to conform.

Amend title to conform.

Rep. KIRSH explained the amendment.

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

Rep. LITTLEJOHN proposed the following Amendment No. 5 (Doc Name P:\amend\GJK\22695SD.96), which was tabled.

Amend the Report of the Committee on Ways and Means, as and if amended, in Section 12-6-3360 of the 1976 Code, as contained in SECTION 11, by striking items 1 through 4 of subsection (C) which begin on line 38, page 4706-40, and inserting:

/(1) One Five thousand dollars for each new full-time job created in less least developed counties. The credit is only available to taxpayers that increase employment by ten or more, and no credit is allowed for the year or any subsequent year in which the net employment increase falls below the minimum level of ten.

(2) Six hundred Four thousand dollars for each new full-time job created in moderately under developed counties. The credit is only available to taxpayers that increase employment by eighteen or more, and no credit is allowed for the year or any subsequent year in which the net employment increase falls below the minimum level of eighteen.

(3) Three thousand hundred dollars for each new full-time job created in moderately developed counties. The credit is only available to taxpayers that increase employment by fifty or more, and no credit is allowed for the year or any subsequent year in which the net employment increase falls below the minimum level of fifty./

Renumber sections to conform.

Amend totals and title to conform.

Rep. LITTLEJOHN explained the amendment.

Rep. HARRELL spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 44 to 19.

Rep. McELVEEN proposed the following Amendment No. 16 (Doc Name P:\amend\GJK\22705SD.96), which was tabled.

Amend the Report of the Committee on Ways and Means Report, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION __. Section 12-43-220(a) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:


Printed Page 2928 . . . . . Wednesday, April 24, 1996

"(a) (1) All real and personal property owned by or leased to manufacturers and utilities and used by the manufacturer or utility in the conduct of the business must be taxed on an assessment equal to ten and one-half percent a percentage of the fair market value of the property as follows.:
Property Tax Year. . . . .Percentage

Before 1996. . . . .10.5
1997. . . . .10.0
1998. . . . .9.5
1999. . . . .9.0
2000. . . . .8.5
2001. . . . .8.0
2002. . . . .7.5
2003. . . . .7.0
2004. . . . .6.5
After 2004. . . . .6.0

(2) Real property owned by or leased to a manufacturer and used primarily for research and development is not considered used by a manufacturer in the conduct of the business of the manufacturer for purposes of classification of property under this item (a) of this section. The term `research and development' means basic and applied research in the sciences and engineering and the design and development of prototypes and processes.

(3) Real property owned by or leased to a manufacturer and used primarily as an office building is not considered used by a manufacturer in the conduct of the business of the manufacturer for purposes of classification of property under this item (a) of this section if the office building is not located on the premises of or contiguous to the plant site of the manufacturer.

(4) Real property owned by or leased to a manufacturer and used primarily for warehousing and wholesale distribution of clothing and wearing apparel is not considered used by a manufacturer in the conduct of the business of the manufacturer for purposes of classification of property under this item (a) of this section if the property is not located on the premises of or contiguous to the manufacturing site of the manufacturer."/

Renumber sections to conform.

Amend totals and title to conform.


Printed Page 2929 . . . . . Wednesday, April 24, 1996

Rep. McELVEEN explained the amendment.

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

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

Yeas 61; Nays 38

Those who voted in the affirmative are:

Bailey               Baxley               Boan
Brown, H.            Cain                 Cato
Chamblee             Cooper               Cromer
Dantzler             Delleney             Easterday
Felder               Fulmer               Gamble
Govan                Harrell              Harris, J.
Harris, P.           Harrison             Hutson
Jaskwhich            Jennings             Keegan
Kelley               Kinon                Klauber
Knotts               Koon                 Lanford
Limehouse            Marchbanks           Mason
McAbee               McKay                McTeer
Rice                 Richardson           Riser
Robinson             Sandifer             Seithel
Smith, D.            Smith, R.            Spearman
Stuart               Thomas               Townsend
Tripp                Trotter              Vaughn
Waldrop              Walker               Wells
Whatley              White                Wilkins
Witherspoon          Wofford              Wright
Young-Brickell

Total--61

Those who voted in the negative are:

Allison              Anderson             Breeland
Brown, G.            Brown, T.            Byrd
Canty                Carnell              Clyburn
Cotty                Davenport            Hallman
Hodges               Howard               Inabinett
Keyserling           Kirsh                Lee
Limbaugh             Littlejohn           Lloyd

Printed Page 2930 . . . . . Wednesday, April 24, 1996

McElveen             McMahand             Meacham
Moody-Lawrence       Neal                 Neilson
Phillips             Sheheen              Shissias
Simrill              Stille               Whipper, L.
Whipper, S.          Wilder               Wilkes
Worley               Young                

Total--38

So, the amendment was tabled.


| Printed Page 2910, Apr. 24 | Printed Page 2930, Apr. 24 |

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