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 2920, Apr. 24 | Printed Page 2940, Apr. 24 |

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

Rep. WILKES proposed the following Amendment No. 18 (Doc Name P:\amend\PT\2468HTC.96), which was tabled.

Amend the Report of the Committee on Ways and Means, as and if amended, in Section 4-12-30(D)(4)(a), as contained in Section 8E, page 4706-14, line 22, by striking /three/ and inserting /four/.

Amend the report further, in Section 4-29-67(D)(4)(a), as contained in SECTION 9, page 4706-25, line 3, by striking /three/ and inserting /four/.

Renumber sections to conform.

Amend title to conform.

Rep. WILKES explained the amendment.

Rep. HARRELL spoke against the amendment.

Rep. SHEHEEN spoke in favor of the amendment.

Rep. JENNINGS spoke against the amendment.

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

ACTING SPEAKER ROBINSON IN CHAIR

Reps. KEYSERLING and RICHARDSON proposed the following Amendment No. 20 (Doc Name P:\amend\GJK\22698SD.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, line 41, page 4706-39, by striking /per capita income as follows/ and inserting /per capital income as follows according to the following schedule and in determining per capita income, only earned income may be used as part of any average determined:/

Renumber sections to conform.

Amend totals and title to conform.


Printed Page 2931 . . . . . Wednesday, April 24, 1996

Rep. RICHARDSON explained the amendment.

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

Reps. KEYSERLING and RICHARDSON proposed the following Amendment No. 21 (Doc Name P:\amend\GJK\22697SD.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 adding a new subitem (c) to subsection (B)(5) immediately after line 28, page 4706-40, to read:

/(c) For a county in which ninety percent of the total jobs are nonmanufacturing, the credit otherwise allowed pursuant to this section is one tier higher. If a county meets more than one qualification for a more advantageous credit designation, the designation of the county shall be based on the tier that offers the greatest benefit./

Renumber sections to conform.

Amend totals and title to conform.

Rep. KEYSERLING explained the amendment.

SPEAKER IN CHAIR

Rep. RICHARDSON spoke in favor of the amendment.

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

Reps. CARNELL, WILDER, STILLE, McABEE, STODDARD, P. HARRIS, CHAMBLEE, COOPER, KLAUBER, WALDROP, TUCKER, TOWNSEND, McCRAW, PHILLIPS and LITTLEJOHN proposed the following Amendment No. 22 (Doc Name P:\amend\PT\2457HTC.96), which was tabled.

Amend the bill, as and if amended, page 4706-40, by inserting immediately after line 28:

/(c) For a developed or moderately developed county in which at least thirty percent of the census tracts have at least one hundred manufacturing jobs of which at least fifty percent are textile and apparel jobs, the credit otherwise allowed pursuant to this section is one tier higher for five years beginning with the year in which the Division of Research and Statistical Services of the State Budget and Control Board determines that sufficient census tracts in the county meet the criteria./

Amend title to conform.


Printed Page 2932 . . . . . Wednesday, April 24, 1996

Rep. CARNELL explained the amendment.

Rep. LITTLEJOHN spoke in favor of the amendment.

Rep. HARRELL spoke against the amendment.

Rep. LITTLEJOHN spoke in favor of the amendment.

Rep. JENNINGS spoke against the amendment.

Rep. H. BROWN moved to table the amendment.

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

Yeas 69; Nays 37

Those who voted in the affirmative are:

Askins               Bailey               Baxley
Boan                 Brown, G.            Brown, H.
Brown, J.            Brown, T.            Cain
Canty                Cave                 Cobb-Hunter
Cotty                Dantzler             Delleney
Easterday            Felder               Fulmer
Gamble               Govan                Hallman
Harrell              Harris, J.           Harrison
Herdklotz            Hines, J.            Hodges
Hutson               Inabinett            Jaskwhich
Jennings             Keegan               Kelley
Keyserling           Kinon                Knotts
Koon                 Law                  Limbaugh
Limehouse            Lloyd                Loftis
Marchbanks           Mason                McElveen
McKay                McTeer               Neal
Rice                 Riser                Robinson
Sandifer             Scott                Seithel
Sharpe               Smith, R.            Stuart
Thomas               Tripp                Walker
Whatley              White                Wilkes
Wilkins              Witherspoon          Wofford
Worley               Wright               Young

Total--69

Those who voted in the negative are:

Allison              Anderson             Breeland
Byrd                 Carnell              Cato

Printed Page 2933 . . . . . Wednesday, April 24, 1996

Chamblee             Clyburn              Cooper
Cromer               Davenport            Harris, P.
Harvin               Howard               Kirsh
Klauber              Littlejohn           McAbee
McCraw               McMahand             Meacham
Moody-Lawrence       Neilson              Phillips
Rhoad                Shissias             Simrill
Smith, D.            Spearman             Stille
Townsend             Trotter              Waldrop
Wells                Whipper, L.          Whipper, S.
Wilder               

Total--37

So, the amendment was tabled.

Rep. LITTLEJOHN proposed the following Amendment No. 23 (Doc Name P:\amend\JIC\5900HTC.96), which was tabled.

Amend the Report of the Committee on Ways and Means, as and if amended, in Section 12-6-3360(B)(5), as contained in SECTION 11A, page 4706-40, by inserting immediately after line 28:

/(C) No county is eligible for the increased credit allowed by this item unless its unemployment rate is at least eight percent at the time the county would otherwise qualify for the increased credit./

Amend title to conform.

Rep. LITTLEJOHN explained the amendment.

Rep. H. BROWN moved to table the amendment.

Rep. KIRSH demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 54 to 31.

Rep. CANTY proposed the following Amendment No. 24 (Doc Name P:\amend\BBM\10808SD.96), which was tabled.

Amend the Report of the Committee on Ways and Means, as and if amended, in Section 12-6-3360 as contained in Section 11 by adding a new subitem (5) immediately after subitem (4) which begins on line 12 of page 4706-41 to read:

/(5) To qualify for the job tax credits for full-time jobs authorized by this section, the average wage paid by that employer to these employees must be at least equal to the median wage paid by that employer to all of


Printed Page 2934 . . . . . Wednesday, April 24, 1996

its employees in the continental United States not including the employees in this State which gave rise to the job tax credits, provided that if such employer has only one location in the continental United States, this requirement shall be the median wage paid by that employer to all of its employees worldwide. Wages for purposes of this subitem (5) include fringe benefits. The Department of Revenue shall make the determinations required by this subitem (5)./

Amend title to conform.

Rep. CANTY explained the amendment.

Rep. HARRELL spoke against the amendment.

Rep. CANTY spoke in favor of the amendment.

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

Rep. CANTY proposed the following Amendment No. 27 (Doc Name P:\amend\BBM\10811SD.96), which was tabled.

Amend the Report of the Committee on Ways and Means, as and if amended, in Section 12-6-3360 as contained in Section 11 by adding a new subitem to be appropriately numbered immediately after subitem (4) which begins on line 12 of page 4706-41 to read:

/( ) Any employer which offers to any new or existing employee an employer-paid on or off-premises job training program consisting of at least fifty hours of training in new or upgraded skills shall receive an additional five hundred dollar job tax credit for each employee who successfully completes this training program. This credit may be taken in the year the employee completes the training program in the same manner the other job tax credits authorized by this section may be taken and also may be carried forward in the same manner./

Renumber subitems to conform.

Amend title to conform.

Rep. CANTY explained the amendment.

Rep. H. BROWN moved to table the amendment, which was agreed to.

Rep. CANTY proposed the following Amendment No. 28 (Doc Name P:\amend\BBM\10812SD.96), which was tabled.

Amend the Report of the Committee on Ways and Means, as and if amended, in Section 12-6-3360 as contained in Section 11 by adding a new subsection (O) immediately after subsection (N) which begins on line 27 of page 4706-45 to read:


Printed Page 2935 . . . . . Wednesday, April 24, 1996

/(O) If any employer which receives job tax credits under the provisions of this section closes its facility which gave rise to the credits or relocates that facility to another state with a resulting loss of the new full-time jobs on which the job tax credits were based, the job tax credits shall be revoked retroactively to the date they were first claimed. To the extent that the statute of limitations has not run on the income tax returns of that employer for those years, the Department of Revenue shall adjust the state income tax returns of that employer accordingly and assess such deficiencies, if any, as may be required. A partial closing or relocation of the facility and a partial loss of these new full-time jobs shall result in a pro-rata revocation of the job tax credits in the manner the Department of Revenue shall determine./

Amend title to conform.

Rep. CANTY explained the amendment.

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

Rep. LITTLEJOHN proposed the following Amendment No. 6 (Doc Name P:\amend\GJK\22694SD.96), which was tabled.

Amend the Report of the Committee on Ways and Means, as and if amended, in Section 4-12-30(D) of the 1976 Code, as contained in SECTION 8, by inserting immediately after /percent/ on line 23, page 4706-14, /, except that the assessment ratio for all school tax purposes may be not less than six percent/;

Amend the report further, as and if amended, in Section 4-29-67(D) of the 1976 Code, as contained in SECTION 9, by inserting immediately after /percent/ on line 4, page 4706-25 /, except that the assessment ratio for all school tax purposes may be not less than six percent/;

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.

Rep. LITTLEJOHN demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 58 to 21.

Rep. WILKES proposed the following Amendment No. 17 (Doc Name P:\amend\PT\2467HTC.96), which was adopted.


Printed Page 2936 . . . . . Wednesday, April 24, 1996

Amend the Report of the Committee on Ways and Means, as and if amended, beginning on page 4706-4, by striking SECTION 6 in its entirety.

Renumber sections to conform.

Amend title to conform.

Rep. WILKES explained the amendment.

Rep. HARRELL spoke in favor of the amendment.

The amendment was then adopted.

Rep. CANTY proposed the following Amendment No. 25 (Doc Name P:\amend\BBM\10810SD.96), which was tabled.

Amend the Report of the Committee on Ways and Means, as and if amended, in Section 12-6-3360 as contained in Section 11 by adding a new subitem (5) immediately after subitem (4) which begins on line 12 of page 4706-41 to read:

/(5) To qualify for the job tax credits for full-time jobs authorized by this section, the average wage paid by that employer to these employees must be at least equal to seventy-five percent of the median wage paid by that employer to all of its employees in the continental United States not including the employees in this State which gave rise to the job tax credits, provided that if such employer has only one location in the continental United States, this requirement shall be seventy-five percent of the median wage paid by that employer to all of its employees worldwide. Wages for purposes of this subitem (5) include fringe benefits. The Department of Revenue shall make the determinations required by this subitem (5)./

Amend title to conform.

Rep. CANTY explained the amendment.

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

Rep. CANTY proposed the following Amendment No. 26 (Doc Name P:\amend\BBM\10809SD.96), which was tabled.

Amend the Report of the Committee on Ways and Means, as and if amended, in Section 12-6-3360 as contained in Section 11 by adding a new subitem (5) immediately after subitem (4) which begins on line 12 of page 4706-41 to read:

/(5) To qualify for the job tax credits for full-time jobs authorized by this section, the average wage paid by that employer to these employees must be at least equal to fifty percent of the median wage paid by that employer to all of its employees in the continental United States not


Printed Page 2937 . . . . . Wednesday, April 24, 1996

including the employees in this State which gave rise to the job tax credits, provided that if such employer has only one location in the continental United States, this requirement shall be fifty percent of the median wage paid by that employer to all of its employees worldwide. Wages for purposes of this subitem (5) include fringe benefits. The Department of Revenue shall make the determinations required by this subitem (5)./

Amend title to conform.

Rep. CANTY explained the amendment.

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. McELVEEN a leave of absence.

Rep. FLEMING proposed the following Amendment No. 7 (Doc Name P:\amend\PT\2439HTC.96), which was rejected.

Amend the bill, as and if amended, page 4706-40, by inserting immediately after line 28:

/ (c) For an underdeveloped county in which at least fifty percent of the census tracts have at least one hundred manufacturing jobs of which at least fifty percent are textile and apparel jobs, the credit otherwise allowed pursuant to this section is one tier higher for five years beginning with the year in which the Division of Research and Statistical Services of the State Budget and Control Board determines that sufficient census tracts in the county meet the criteria. /

Renumber sections to conform.

Amend title to conform.

Rep. FLEMING explained the amendment.

Rep. H. BROWN moved to table the amendment.

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

Yeas 49; Nays 49

Those who voted in the affirmative are:

Bailey               Baxley               Boan
Brown, H.            Brown, T.            Byrd
Cain                 Cave                 Cobb-Hunter
Cromer               Dantzler             Delleney
Easterday            Felder               Govan

Printed Page 2938 . . . . . Wednesday, April 24, 1996

Harrell              Harris, J.           Hodges
Howard               Hutson               Inabinett
Jennings             Keegan               Keyserling
Kinon                Kirsh                Law
Lloyd                Marchbanks           Martin
McMahand             McTeer               Moody-Lawrence
Rhoad                Rice                 Robinson
Scott                Sheheen              Shissias
Smith, R.            Stuart               Waldrop
Whatley              White                Wilkes
Wilkins              Wofford              Wright
Young

Total--49

Those who voted in the negative are:

Allison              Askins               Brown, G.
Canty                Carnell              Cato
Chamblee             Clyburn              Cooper
Cotty                Davenport            Fleming
Fulmer               Gamble               Hallman
Harrison             Harvin               Hines, J.
Jaskwhich            Knotts               Koon
Lee                  Limbaugh             Limehouse
Littlejohn           Loftis               Mason
McAbee               McCraw               McKay
Meacham              Neal                 Phillips
Riser                Sandifer             Seithel
Sharpe               Simrill              Spearman
Stille               Thomas               Trotter
Tucker               Vaughn               Walker
Wells                Whipper, L.          Whipper, S.
Wilder

Total--49

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment.


Printed Page 2939 . . . . . Wednesday, April 24, 1996

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

Yeas 47; Nays 53

Those who voted in the affirmative are:

Allison              Askins               Carnell
Cato                 Chamblee             Clyburn
Cooper               Cotty                Davenport
Felder               Fleming              Fulmer
Gamble               Hallman              Harrison
Hines, J.            Jaskwhich            Knotts
Koon                 Lee                  Limbaugh
Limehouse            Littlejohn           Loftis
Mason                McAbee               McCraw
McKay                Meacham              Neal
Phillips             Quinn                Riser
Sharpe               Simrill              Spearman
Stille               Thomas               Tripp
Trotter              Tucker               Vaughn
Walker               Wells                Whipper, L.
Whipper, S.          Wilder

Total--47

Those who voted in the negative are:

Bailey               Baxley               Boan
Brown, G.            Brown, H.            Brown, J.
Brown, T.            Byrd                 Cain
Cave                 Cobb-Hunter          Cromer
Dantzler             Delleney             Easterday
Govan                Harrell              Harris, J.
Haskins              Hodges               Howard
Hutson               Inabinett            Jennings
Keegan               Keyserling           Kinon
Kirsh                Law                  Lloyd
Marchbanks           Martin               McMahand
McTeer               Moody-Lawrence       Rhoad
Rice                 Richardson           Robinson
Sandifer             Scott                Seithel
Sheheen              Shissias             Smith, R.
Stuart               Waldrop              Whatley

Printed Page 2940 . . . . . Wednesday, April 24, 1996

White                Wilkes               Wilkins
Wofford              Young                

Total--53

So, the amendment was rejected.


| Printed Page 2920, Apr. 24 | Printed Page 2940, Apr. 24 |

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