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 5140, June 27 | Printed Page 5160, June 27 |
Printed Page 5150 . . . . . Thursday, June 27, 1996
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. JENNINGS, J. YOUNG and YOUNG-BRICKELL, to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

RECORD FOR VOTING

I am in favor of granting free conference powers on the Monument Bill and had I been present, I would have voted yes.

Rep. JOHN W. TUCKER, JR.

RECORD FOR VOTING

Due to an economic development announcement in Lancaster County that I participated in, I was not in the Chamber to vote yes to granting Free Conference Powers on H. 3515 (the African-American Monument Act).

Rep. WILLIAM D. BOAN

Printed Page 5151 . . . . . Thursday, June 27, 1996
H. 3515--FREE CONFERENCE REPORT ADOPTED

FREE CONFERENCE REPORT

The General Assembly, Columbia, S.C., June 27, 1996

The COMMITTEE OF FREE CONFERENCE, to whom was referred:

H. 3515 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 2-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE ADVANCE SHEETS OF STATUTES, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE ADVANCE SHEETS MUST BE DISTRIBUTED; AND TO AMEND SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF SETS OF THE CODE OF LAWS OF SOUTH CAROLINA, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE SETS MUST BE DISTRIBUTED.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the title and inserting:

/Whereas, the State of South Carolina has, as a matter of state policy, erected various monuments on the State House grounds to honor the contributions of various individuals and groups to the state's history; and

Whereas, the State has recently reaffirmed this policy by requiring all portraits, flags, banners, monuments, statues, and plaques which are removed during the current State House Renovation Project to be returned to their original locations following completion of the project; and

Whereas, not one of the monuments and memorials recognizes the contributions and efforts of an African-American individual; and

Whereas, some official symbol should be placed that recognizes the special and unique experiences and contributions of African-Americans in this State; and

Whereas, the placement of a permanent monument on the State House grounds is the most visible and efficient means of official recognition. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. There is hereby established on the grounds of the State House an African-American History Monument. The design and location of the monument shall be determined by the commission appointed pursuant to Section 2 of this act. The commission shall make reasonable efforts to incorporate all eras of African-American history in the design.

Printed Page 5152 . . . . . Thursday, June 27, 1996
The monument shall be erected as soon as is reasonably possible after it is approved by the General Assembly by concurrent resolution and the State House Renovation Project is completed.

SECTION 2. (A) An African-American History Monument Commission is created to determine the design of the monument and to determine the location of the monument on the State House grounds. The commission is empowered and directed to raise private funds and to receive gifts and grants to carry out the purpose for which it is created. The commission in this regard shall have the power to cause to be created a tax-exempt nonprofit corporation the purpose of which shall be to receive and disburse funds for the African-American History Monument. The staff of the State Budget and Control Board shall assist the commission with the preparation and maintenance of financial records for the purpose of ensuring proper accounting of the records. The financial records are public records for purposes of the Freedom of Information Act, except that the names of anonymous donors shall not be disclosed.

By April 1, 1997, the commission shall report the proposed design and location of the monument to the State House Committee for its approval. After action by the committee approving the design and location, the State House Committee shall cause to be introduced the concurrent resolution serving as the instrument of approval as provided in Section 1 of this act. The State shall ensure proper maintenance of the monument as is done for other historical monuments on the State House grounds.

Four members of the commission must be appointed by the President Pro Tempore of the Senate, four members must be appointed by the Speaker of the House of Representatives, and one member must be appointed by the Governor. Notwithstanding Section 8-13-770 of the 1976 Code, members of the General Assembly may be appointed to this commission. One of the members appointed by the President Pro Tempore must be a Senator and one of the members appointed by the Speaker must be a member of the House of Representatives.

The commission shall elect a chairman, vice chairman, and such other officers as it deems appropriate from among its membership. The senior senator of the commission shall call an organizational meeting for the purpose of electing officers and such other matters as may arise. Commission members are not entitled to receive the subsistence, mileage, and per diem otherwise provided by law for members of state boards, committees, and commissions.

(B) The commission also shall study the feasibility of establishing an African-American History Museum analogous to the Confederate Relic Room and make recommendations with respect to its findings on this

Printed Page 5153 . . . . . Thursday, June 27, 1996
subject to the State House Committee. This new museum shall collect and display historical artifacts and other items reflecting African-American history in this State. A preliminary report on this study must be made to the State House Committee no later than April 1, 1997, and a final report and recommendation on this study must be made by January 1, 2000.

(C) The commission established pursuant to this act is dissolved on January 1, 2000. However, the commission must be dissolved earlier if both the monument is dedicated and the final report is made before January 1, 2000, in which case the commission must be dissolved on the date of the later occurring event of the dedication of the monument or the receipt of the final report. If the African-American History Monument has not been dedicated by January 1, 2000, the powers, duties, and responsibilities of the African-American History Monument Commission shall be devolved upon the State House Committee.

SECTION 3. This act takes effect upon approval by the Governor./

Amend title to read:

/TO ESTABLISH AN AFRICAN-AMERICAN HISTORY MONUMENT TO BE ERECTED ON THE STATE HOUSE GROUNDS, TO CREATE A COMMISSION TO SELECT THE DESIGN AND LOCATION OF THE MONUMENT, TO PROVIDE THAT THIS COMMISSION SHALL ALSO STUDY THE FEASIBILITY OF ESTABLISHING AN AFRICAN-AMERICAN HISTORY MUSEUM AND SHALL MAKE REPORTS AND RECOMMENDATIONS IN THIS REGARD TO THE STATE HOUSE COMMITTEE, AND TO PROVIDE FOR THE DATE THIS COMMISSION SHALL BE DISSOLVED./

/s/Honorable Thomas L. Moore .......... /s/Honorable Douglas Jennings, Jr.
/s/Honorable C. Tyrone Courtney .......... /s/Honorable W. Jeffrey Young
/s/Honorable Darrell Jackson .......... /s/Honorable Annette Young-Brickell

On Part of the Senate. .......... On Part of the House.

Rep. JENNINGS explained the Free Conference Report.

Rep. KNOTTS spoke against the Free Conference Report.

The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

RECORD FOR JOURNAL

I wish to be recorded as voting against the conference report on the African-American Monument, which was a voice vote.

Rep. ELSIE RAST STUART

Printed Page 5154 . . . . . Thursday, June 27, 1996
MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 27, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has granted Free Conference Powers and appointed Senators Moore, Courtney and Jackson of the Committee of Free Conference on the part of the Senate on H. 3515:

H. 3515 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 2-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE ADVANCE SHEETS OF STATUTES, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE ADVANCE SHEETS MUST BE DISTRIBUTED; AND TO AMEND SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF SETS OF THE CODE OF LAWS OF SOUTH CAROLINA, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE SETS MUST BE DISTRIBUTED.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 27, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3515:

H. 3515 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 2-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE ADVANCE SHEETS OF STATUTES, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE ADVANCE SHEETS MUST BE DISTRIBUTED; AND TO AMEND SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF SETS OF THE CODE OF LAWS OF SOUTH CAROLINA, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE SETS MUST BE DISTRIBUTED.
Very respectfully,
President

Received as information.

Printed Page 5155 . . . . . Thursday, June 27, 1996
RULE 6.1 WAIVED

Rep. FLEMING moved to waive Rule 6.1, which was agreed to.

Rep. YOUNG-BRICKELL moved that the House recede until 2:20 P.M., which was adopted.

THE HOUSE RESUMES

At 2:20 P.M. the House resumed, the SPEAKER in the Chair.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 27, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification:

H. 3515 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 2-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE ADVANCE SHEETS OF STATUTES, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE ADVANCE SHEETS MUST BE DISTRIBUTED; AND TO AMEND SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF SETS OF THE CODE OF LAWS OF SOUTH CAROLINA, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE SETS MUST BE DISTRIBUTED.
Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 27, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 4706:

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

Printed Page 5156 . . . . . Thursday, June 27, 1996
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 AGREEMENTS, SO AS TO PROVIDE THAT THE COUNCIL
Printed Page 5157 . . . . . Thursday, June 27, 1996
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
Printed Page 5158 . . . . . Thursday, June 27, 1996
SECTION 12-36-70; TO AMEND 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
Printed Page 5159 . . . . . Thursday, June 27, 1996
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 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.
Very respectfully,
President

H. 4706--ORDERED ENROLLED FOR RATIFICATION

The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 27, 1996
Mr. Speaker and Members of the House:

| Printed Page 5140, June 27 | Printed Page 5160, June 27 |
Page Finder Index