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 5060, June 26 | Printed Page 5080, June 27 |

Printed Page 5072 . . . . . Wednesday, June 26, 1996

(R540) H. 4833 -- Reps. Robinson, Herdklotz, Waldrop, Fulmer, Trotter, Sandifer, Marchbanks, Rice, Haskins and Harrell: AN ACT TO AMEND SECTION 12-28-795, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTEREST DUE ON GASOLINE TAX REFUNDS, SO AS TO CORRECT THE REFERENCE TO THE PROVISIONS ON INTEREST ON TAX OVERPAYMENTS AND UNDERPAYMENTS; TO AMEND SECTION 12-28-2360, RELATING TO REFUNDS OF GASOLINE TAX INSPECTION FEES, SO AS TO EXTEND THE GENERAL LIMITATIONS ON THE ASSESSMENT OF STATE TAXES TO CLAIMS FOR REFUNDS; TO AMEND SECTION 12-43-300, AS AMENDED, RELATING TO APPEALS OF VALUATION FOR PURPOSES OF THE PROPERTY, SO AS TO DELETE REDUNDANT PROVISIONS AND CORRECT A REFERENCE; TO AMEND SECTION 12-54-25, RELATING TO INTEREST ON TAX UNDERPAYMENTS AND OVERPAYMENTS, SO AS TO ALLOW THE DEPARTMENT OF REVENUE AND TAXATION TO INCREASE FROM FIFTEEN TO THIRTY DAYS THE TIME FOR WHICH INTEREST MAY BE WAIVED FOR ADMINISTRATIVE CONVENIENCE; TO AMEND SECTION 12-54-85, RELATING TO LIMITATIONS ON TAX ASSESSMENTS AND COLLECTIONS, SO AS TO PROVIDE THE DATES WHEN CERTAIN TAXES ARE CONSIDERED TO HAVE BEEN PAID OR RETURNS FILED; TO AMEND SECTION 12-60-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE TAX APPEALS, SO AS TO REVISE DEFINITIONS; TO AMEND SECTION 12-60-40, RELATING TO WAIVER OF TIME LIMITATIONS FOR PURPOSES OF TAX APPEALS, SO AS TO ALLOW THE DEPARTMENT TO EXTEND ANY TIME LIMITATIONS; TO AMEND SECTION 12-60-50, RELATING TO THE PROVISIONS APPLICABLE WHEN TIME PERIODS EXPIRE ON WEEKENDS OR LEGAL HOLIDAYS, SO AS TO CLARIFY THAT THESE PROVISIONS APPLY TO ALL TAXES
Printed Page 5073 . . . . . Wednesday, June 26, 1996

AND TO ADOPT PROVISIONS OF THE INTERNAL REVENUE CODE FOR CERTAIN DETERMINATIONS OF TIME OF FILING AND PAYMENT; TO AMEND SECTION 12-60-410, RELATING TO LIMITATIONS ON ASSESSMENTS FOR A TAX PERIOD FOR WHICH A FINAL ADMINISTRATIVE OR JUDICIAL ORDER HAS BEEN ISSUED, SO AS TO EXEMPT FROM THESE AN ORDER ABATING A JEOPARDY ASSESSMENT OR ASSESSMENT ARISING FROM ADDITIONAL INTERNAL REVENUE SERVICE ASSESSMENTS; TO AMEND SECTION 12-60-440, RELATING TO DEFICIENCY ASSESSMENT RESTRICTIONS, SO AS TO PROVIDE ADDITIONAL EXEMPTIONS FROM THESE RESTRICTIONS; TO AMEND SECTION 12-60-2130, RELATING TO PROPERTY TAX ASSESSMENT APPEALS OF PROPERTY VALUED BY THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO GIVE THE AUTHORITY TO APPEAL A DEPARTMENTAL DETERMINATION TO THE LOCAL GOVERNING BODY; TO AMEND SECTION 12-60-2150, RELATING TO CLAIMS FOR REFUND BASED ON PROPERTY TAX EXEMPTIONS, SO AS TO CHANGE A REFERENCE FROM PROTEST TO CLAIM FOR REFUND; TO REPEAL SECTIONS 12-4-760, 12-47-75, AND 12-54-60, RELATING RESPECTIVELY TO APPEALS TO THE TAX BOARD OF REVIEW, THE PROPER CREDITING OF TAXES ERRONEOUSLY CREDITED, AND AUTHORITY OF THE DEPARTMENT OF REVENUE AND TAXATION TO ESTIMATE TAXES DUE WHEN A REQUIRED REPORT OR RETURN IS NOT FILED; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO INCREASE THE MAXIMUM ACREAGE ON WHICH EXEMPTIONS MAY BE CLAIMED FOR PROPERTY ACQUIRED FOR NONPROFIT RESIDENTIAL CONSTRUCTION FOR RESALE TO ECONOMICALLY DISADVANTAGED PERSONS; AND TO AMEND SECTION 12-28-710, RELATING TO GASOLINE TAX EXEMPTIONS, SO AS TO EXEMPT GASOLINE USED IN AIRCRAFT.

THE HOUSE RESUMES

At 3:55 P.M. the House resumed, the SPEAKER in the Chair.


Printed Page 5074 . . . . . Wednesday, June 26, 1996

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 26, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor on S. 1037, R. 502 by a vote of 5 to 33.

(R502) S. 1037 -- Senators Leventis and Washington: AN ACT TO AMEND SECTION 16-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ENTICING AN ENROLLED CHILD FROM ATTENDANCE IN PUBLIC SCHOOLS, SO AS TO CREATE A FIRST OFFENSE VIOLATION OF A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT LESS THAN THIRTY DAYS, OR BOTH, AND A SECOND OR SUBSEQUENT OFFENSE VIOLATION OF NOT LESS THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT LESS THAN TWO YEARS, OR BOTH.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 26, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on H. 4717, R. 524 by a vote of 42 to 1.

(R524) H. 4717 -- Reps. Sharpe and Rice: AN ACT TO AMEND SECTION 44-96-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS USED FOR GRANTING PERMITS TO PERSONS TO OPERATE A SOLID WASTE MANAGEMENT FACILITY, SO AS TO ALLOW THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE PERMITS FOR SHORT-TERM STRUCTURAL FILLS AND TO DEFINE TERMS.
Very respectfully,
President

Received as information.


Printed Page 5075 . . . . . Wednesday, June 26, 1996

Rep. SANDIFER moved that the House do now adjourn, which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5106 -- Reps. Harvin, Kelley and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING AND CONGRATULATING THE TEAM MEMBERS FROM SOUTH CAROLINA WHO HAVE BEEN SELECTED BY INTERNATIONAL SOCCER USA TO PLAY IN THE GOTHIA CUP IN GOTHENBURG, SWEDEN AND THE GOLD COAST CLASSIC IN TORBAY, ENGLAND.

SINE DIE ADJOURNMENT PRAYER

We turn to You again, Lord - this time to thank You for opportunities of service which have been ours. We are grateful for friendships made, for worthwhile accomplishments enjoyed, for hours made brilliant by success and lessons learned by failure. But above all, we thank You for Your never failing presence - guarding, leading, and correcting us.

Take now the product of our efforts. Bless and bring to full fruition that which is in accord with Your plans and purposes; bring to naught that which is contrary to Your will. And now may

"The Lord bless you and keep you;

The Lord make His face to shine on you and be gracious to you;

The Lord lift up His countenance upon you and give you peace."

Amen.

ADJOURNMENT

At 4:05 P.M. the House in accordance with the motion of Rep. YOUNG-BRICKELL adjourned in memory of Robert E. Atkinson of Summerville and in accordance with H. 5041, the Sine Die Adjournment Resolution, adjourned Sine Die.

* * *

Printed Page 5076 . . . . . Thursday, June 27, 1996

Thursday, June 27, 1996

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

In accordance with the Proclamation of the Governor, the House assembled at 10:00 A.M.

The SPEAKER took the Chair and deliberations were opened with prayer by the Chaplain as follows:

When extraordinary demands are before us, we need, O Lord, extraordinary guidance from You. We, therefore, seek a double measure of Your wisdom as we go about the business before us. Help us to conduct ourselves that we have no remorse about our yesterdays and no fears of our tomorrows. Keep us from being content to wait to see what will happen. Instead give us a determination to make right things happen. Make us steadfast in attaining right goals, knowing that by persistence even the turtle reached Noah's Ark. While we cannot turn back the clock, use us to wind it to keep it running.

So use us, Good Lord, as instruments in Your hands. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

STATE OF SOUTH CAROLINA

EXECUTIVE DEPARTMENT

The following was received.

OFFICE OF THE GOVERNOR

Executive Order No. 96-11

WHEREAS, the General Assembly of the State of South Carolina has pending before it several matters of great importance, including the Rural Development Act of 1996 and the African-American History Monument bill; and

WHEREAS, substantial agreement has been achieved on matters relating to these bills, but no such consensus has been achieved on other matters before the General Assembly; and


Printed Page 5077 . . . . . Thursday, June 27, 1996

WHEREAS, the South Carolina Constitution empowers me to convene the General Assembly in extra session on such extraordinary occasions; and

WHEREAS, it appears necessary to convene an extra session to deal with those matters on which consensus has been achieved before the next session of the General Assembly.

NOW, THEREFORE, pursuant to the powers conferred upon me by the Constitution and Statutes of the State of South Carolina, and by the power vested in me by Article IV, Section 19 of the Constitution of the State of South Carolina, I hereby call an extra session of the General Assembly of South Carolina to convene at the State House in Columbia on Thursday, June 27, 1996, at 10:00 am.

GIVEN UNDER MY HAND AND THE GREAT SEAL OF THE STATE OF SOUTH CAROLINA, THIS 26TH DAY OF JUNE, 1996.
/s/David M. Beasley
Governor

Attest:
/s/James M. Miles
Secretary of State

MOTION ADOPTED

Rep. CATO moved that when the House adjourns, it adjourn in memory of former Rep. Clyde Moultrie Dangerfield of Mt. Pleasant, former Chairman of Labor, Commerce and Industry Committee, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 13, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Initial Appointment, State Ethics Commission, with term to commence July 1, 1995, and to expire July 1, 2000:

At-Large:

Mr. Richard Kent Porth, 3 Panorama Drive, Lexington, S.C. 29072 VICE H. Bowen Woodruff (resigned)


Printed Page 5078 . . . . . Thursday, June 27, 1996

Very respectfully,
President

Received as information.

CONCURRENT RESOLUTION

The following was introduced:

H. 5107 -- Reps. Cato, Allison, Anderson, Askins, Bailey, Baxley, Beck, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS AND EMPLOYEES OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE HONORABLE CLYDE MOULTRIE DANGERFIELD OF THE ISLE OF PALMS, SOUTH CAROLINA, WHO DIED WEDNESDAY, JUNE 19, 1996, AS HE WAS BEING TRANSPORTED TO EAST COOPER HOSPITAL VIA THE CLYDE M. DANGERFIELD BRIDGE.

Whereas, Clyde Moultrie Dangerfield was born in Oakley, in Berkeley County, South Carolina, on February 24, 1915, a son of the late Obie J. and Abbie Locklair Dangerfield, Sr., who were one of the state's last rice farmers; and

Whereas, a graduate of Berkeley High School, Moncks Corner, he attended Clemson College, answering the call of the United States Army for three years during World War II after which time he was discharged honorably with the rank of staff sergeant on November 22, 1945, when he settled in Charleston; and


Printed Page 5079 . . . . . Thursday, June 27, 1996

Whereas, he met his beloved Betty Pauline Nelson, and proceeded to found Suburban Gas and Appliance Company, which he owned for forty years; and

Whereas, he and Betty Nelson were married on November 17, 1946; and

Whereas, they moved to the then new Isle of Palms in April 1948, where they raised their six children: Clyde M. Dangerfield, Jr., of Mount Pleasant; Dolly D. Cannon, of Isle of Palms; Timothy Nelson Dangerfield of Aiken; Shirley Ann Dangerfield of Mount Pleasant; Susan Marie Waite of McClellanville; and David Allan Dangerfield of Mount Pleasant; and

Whereas, among Mr. Dangerfield's chief concerns was that there was no church established yet on the Island, and his first order of business was to begin the process of acquiring a Methodist Church and pastor. Isle of Palms United Methodist Church held a special place in his heart over the years as he watched it grow, be demolished by Hurricane Hugo, and rise from the ashes once more; and

Whereas, Clyde Dangerfield, so active in so many civic causes, was first elected to the South Carolina House of Representatives in a special countywide election for Charleston County on September 15, 1953, and was reelected for eighteen consecutive terms, attaining number one in seniority, retiring in 1988. He served under nine Governors: Byrnes, Timmerman, Hollings, Russell, McNair, West, Edwards, Riley, and Campbell, and in 1991 he received an Honorary Doctor of Humane Letters Degree from the College of Charleston; and

Whereas, Mr. Dangerfield, even though quite active in legislative matters--Chairman of the House Labor, Commerce and Industry Committee, past chairman of the Charleston County Legislative Delegation, chairman of the Delegation Roads Committee for twenty-two years, and chairman of the Charleston Area Transportation Study Policy Committee (CHATS) from its inception until his retirement-- was instrumental in obtaining funds for the construction of the Mark Clark Expressway (I-526) and the Isle of Palms Connector, named in his honor. It was largely through his efforts that many Charleston area wooden structured bridges have been replaced; and

Whereas, Representative Dangerfield was a charter member and volunteer captain (retired) of the Isle of Palms Volunteer Fire Department; charter and lifemember and past president of the Isle of Palms Exchange Club, organized in 1948, and he was the first to receive the club's Book of Golden Deeds Award; a member of American Legion Palmetto Post 112; founder and charter member of the First United Methodist Church, Isle of Palms; he had served as chairman of Boy Scout Troop 34, Isle of


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