South Carolina General Assembly
111th Session, 1995-1996
Journal of the House of Representatives

TUESDAY, JANUARY 16, 1996

Tuesday, January 16, 1996
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Lord, keep us worthy of the unique positions to which we have been elected:

Not by shielding us against disappointment and pain, but by strengthening us when they come;

Not by taking hardships from us, but by taking all cowardice and fear from our hearts;

Not by making our paths easy, but by making us sturdy enough to tread any path;

Not by granting unbroken sunshine, but by making our faces bright even in the shadows.

So help us, God, to live nobly when it rains as in the sunshine. 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. TRIPP moved that when the House adjourns, it adjourn in memory of Nicholas Camerato and Brandon Hatsell of Simpsonville, which was agreed to.

RESIGNATION

The following was received.

HOUSE OF REPRESENTATIVES
STATE OF SOUTH CAROLINA

January 16, 1996
The Honorable David H. Wilkins
Speaker of the House of Representatives
508 Blatt Building
Columbia, S.C. 29201

Dear Mr. Speaker:

I herewith tender my resignation as Representative for House District 83 to be effective January 16, 1996, at 12:00 midnight.

It is with a bittersweetness that I leave this institution that has meant so much to me over the last 18 years. I wish to thank you for all of your support and most importantly for your friendship.

With kind regards, I am

Sincerely,
THOMAS E. HUFF

Received as information.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration.

Document No. 1900
Promulgated By Department of Health and Environmental Control
Retail Food Store (Repeal)
Received By Speaker January 15, 1996
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date May 15, 1996

Document No. 1902
Promulgated By Department of Health and Environmental Control
Submission of Engineering Reports and Environmental Impact Statements
Received By Speaker January 16, 1996
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 16, 1996

Document No. 1914
Promulgated By Department of Health and Environmental Control
Standards for Performance for Asbestos Abatement Operations
Received By Speaker January 16, 1996
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date May 16, 1996

Document No. 1916
Promulgated By Department of Health and Environmental Control
Pit Privies
Received By Speaker January 15, 1996
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 15, 1996

Document No. 1917
Promulgated By Workers' Compensation Commission
Words and Phrases, Defined; Filing with the Commission, Defined; Periodic Report; Status Report and Compensation Receipt; Terminating Temporary Total or Temporary Partial Compensation Benefits; Adjusting the Compensation Rate; Settlement, Form 16; Settlement by Agreement and Final Release; Informal Conference; Fines, Assessment and Review
Received By Speaker January 15, 1996
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date May 15, 1996

HOUSE RESOLUTION

On motion of Rep. WRIGHT, with unanimous consent, the following was taken up for immediate consideration:

H. 4437 -- Rep. Wright: A HOUSE RESOLUTION TO ALLOW THE 1996 ATLANTA OLYMPICS MASCOT "IZZY" AND HIS PARTY THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, JANUARY 24, 1996, FOR THE PURPOSE OF WISHING HIM AND THE ATLANTA ORGANIZING COMMITTEE GREAT SUCCESS IN THE STAGING OF THE CENTENNIAL OLYMPIC GAMES.

Be it resolved by the House of Representatives:

That the 1996 Atlanta Olympics mascot "Izzy" and his party are given the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Wednesday, January 24, 1996, for the purpose of wishing him and the Atlanta Organizing Committee great success in the staging of the centennial Olympic Games.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4438 -- Reps. Wilder, Stoddard and Carnell: A CONCURRENT RESOLUTION CONGRATULATING A. CARROLL BARKER, POLICE CHIEF OF THE CITY OF CLINTON, ON HIS ELECTION AS POTENTATE OF HEJAZ SHRINE TEMPLE.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

On motion of Rep. HASKINS, with unanimous consent, the following was taken up for immediate consideration:

H. 4439 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Sharpe, Harrison, Townsend and Cato: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, DAVID M. BEASLEY, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 24, 1996, AT THE KOGER CENTER FOR THE ARTS.

Be it resolved by the House of Representatives, the Senate concurring:

That His Excellency, David M. Beasley, Governor of the State of South Carolina, is invited to address the General Assembly in joint session at 7:00 p.m. on Wednesday, January 24, 1996, at the Koger Center for The Arts.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 4440 -- Reps. Cooper, Wilder, Sharpe, Herdklotz, Limbaugh, Mason, Simrill, Sandifer, Jaskwhich, Littlejohn, Bailey, Hutson, Cobb-Hunter, Koon, Stuart, McTeer, Kennedy, R. Smith, McKay, Stille, Young-Brickell, Davenport, Robinson, Haskins, Huff, Cromer, Vaughn, Thomas and Easterday: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO OFFICES BY ADDING SECTION 7A SO AS TO ABOLISH THE OFFICE OF SECRETARY OF STATE AND PROVIDE FOR ITS FUNCTIONS AND DUTIES TO BE DEVOLVED ONTO OTHER STATE CONSTITUTIONAL OFFICES OR STATE AGENCIES IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW.

Referred to Committee on Judiciary.

H. 4441 -- Reps. Cain, Herdklotz, Rice, Seithel, Hallman, McCraw, Sandifer, Littlejohn, Lanford, Whatley, Fulmer, Jaskwhich, McKay, Limehouse, Robinson, Chamblee, Bailey, Stille, Martin, R. Smith, Huff, Sharpe, Lloyd, Haskins, Davenport, Vaughn, Riser, Askins, G. Brown, Harvin, Phillips and Felder: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION AND ASSESSMENT RATIOS OF PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO PROVIDE A MAXIMUM ROLLBACK TAX OF ONE HUNDRED DOLLARS WHEN REAL PROPERTY IS CHANGED FROM AGRICULTURAL USE.

Referred to Committee on Ways and Means.

H. 4442 -- Reps. Vaughn, McMahand, Cato, Rice, Anderson, Herdklotz, Tripp, Haskins, Wilkins, Easterday and Jaskwhich: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF AUGUST 28, 1995, MISSED BY THE STUDENTS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY WHEN THE DISTRICT'S SCHOOLS WERE CLOSED DUE TO RECORD-SETTING RAINS, HEAVY FLOODING, AND CLOSED ROADS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

On motion of Rep. VAUGHN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4443 -- Reps. Wright, Richardson, Cooper, Townsend, Allison, Littlejohn, Kelley and Jaskwhich: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 40 SO AS TO ENACT THE SOUTH CAROLINA CHARTER SCHOOL ACT WHICH PROVIDES FOR THE MANNER IN WHICH A CHARTER SCHOOL SHALL BE FORMED, FUNDED, REGULATED, AND GOVERNED, AND TO ESTABLISH A CHARTER SCHOOLS REVIEW COMMITTEE TO REVIEW THE IMPLEMENTATION AND EFFECTIVENESS OF THIS ACT.

Referred to Committee on Education and Public Works.

H. 4444 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 38-43-105 AND 38-43-106, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION AND CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO EXEMPT FROM THESE REQUIREMENTS AGENTS WHO SELL PRE-PAID LEGAL INSURANCE.

Referred to Committee on Labor, Commerce and Industry.

H. 4445 -- Reps. Harrison, Baxley, Martin, D. Smith, Wofford, Jennings, Kelley and J. Young: A BILL TO AMEND SECTION 1-23-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES IN CONTESTED CASES UNDER THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO PROVIDE THAT ALL CONTESTED CASE PROCEEDINGS BEFORE AN ADMINISTRATIVE LAW JUDGE SHALL BE GOVERNED BY THE RULES OF PROCEDURE OF THE ADMINISTRATIVE LAW JUDGE DIVISION; TO AMEND SECTION 1-23-330, RELATING TO EVIDENTIARY MATTERS IN CONTESTED CASES, SO AS TO PROVIDE THAT THE STANDARD OF PROOF SHALL BE THE PREPONDERANCE OF THE EVIDENCE EXCEPT IN PROFESSIONAL LICENSING CASES IN WHICH THE STANDARD OF PROOF SHALL BE CLEAR AND CONVINCING EVIDENCE; TO AMEND SECTION 1-23-570, RELATING TO THE CHIEF JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION BEING RESPONSIBLE FOR THE ADMINISTRATION OF THE DIVISION, SO AS TO PROVIDE THAT THE CHIEF JUDGE SHALL ASSIGN JUDGES TO HEAR ALL CASES RATHER THAN CONTESTED CASES COMING BEFORE THE DIVISION; TO AMEND SECTION 1-23-580, RELATING TO THE CLERK OF THE ADMINISTRATIVE LAW JUDGE DIVISION AND OTHER SUPPORT STAFF, SO AS TO FURTHER PROVIDE FOR THE AUTHORITY OF THE CHIEF JUDGE TO HIRE AND SUPERVISE CERTAIN SUPPORT STAFF, AND TO PROVIDE THAT EACH ADMINISTRATIVE LAW JUDGE MAY APPOINT, HIRE, CONTRACT, AND SUPERVISE AN ADMINISTRATIVE ASSISTANT AS INDIVIDUALLY ALLOTTED AND AUTHORIZED IN THE ANNUAL GENERAL APPROPRIATIONS ACT; TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO RULES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO FURTHER PROVIDE FOR THESE RULES AND THEIR PROMULGATION AND REVIEW; AND TO AMEND SECTION 48-39-160, AS AMENDED, RELATING TO JURISDICTION OF THE CIRCUIT COURT TO RESTRAIN VIOLATIONS OF COASTAL ZONE PROVISIONS, SO AS TO TRANSFER THIS JURISDICTION TO THE ADMINISTRATIVE LAW JUDGE DIVISION.

Referred to Committee on Judiciary.

S. 935 -- Senators Lander, Courson, Rose, Hayes, Alexander, Short, Wilson, Boan, Washington, Elliott, Drummond, J. Verne Smith, Holland, Leventis, Giese, O'Dell, Reese, Gregory and Mescher: A BILL TO ENACT THE GIFT OF LIFE ORGAN AND TISSUE PROCUREMENT ACT OF 1996 BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-5065 SO AS TO PROVIDE FOR A DESIGNATION ON STATE INCOME TAX FORMS ENABLING A TAXPAYER TO MAKE A CONTRIBUTION TO THE GIFT OF LIFE TRUST FUND; BY ADDING ARTICLE 13 TO TITLE 44, CHAPTER 43 SO AS TO ESTABLISH THE GIFT OF LIFE TRUST FUND, TO PROVIDE FOR ITS BOARD OF DIRECTORS, DUTIES, AND FOR EXPENDITURE OF FUNDS; AND BY ADDING SECTION 56-1-143 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE AND TAXATION SHALL OFFER PERSONS OBTAINING OR RENEWING A DRIVER'S LICENSE THE OPPORTUNITY TO VOLUNTARILY CONTRIBUTE ONE DOLLAR TO THE GIFT OF LIFE TRUST FUND AND THESE FUNDS MUST BE CREDITED TO AN ACCOUNT IN THE STATE TREASURER'S OFFICE FOR USE BY THE TRUST FUND.

Referred to Committee on Ways and Means.

S. 1003 -- Senators Rose, McConnell, Mescher and Matthews: A BILL TO AMEND SECTION 7-7-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DORCHESTER COUNTY, SO AS TO REVISE THESE PRECINCTS AND THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

Referred to Dorchester Delegation.

H. 4446--ADOPTED AND SENT TO THE SENATE

On motion of Rep. QUINN, with unanimous consent, the following was taken up for immediate consideration.

H. 4446 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE DANIEL A. LUDWIG OF MINNESOTA, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 20, 1996.

Be it resolved by the House of Representatives, the Senate concurring:

That the Honorable Daniel A. Ludwig of the great state of Minnesota, National Commander of the American Legion, is invited to address the General Assembly in joint session at 12:00 Noon on Wednesday, March 20, 1996.

The question then recurred to the adoption of the Concurrent Resolution.

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

Yeas 83; Nays 5

Those who voted in the affirmative are:

Allison                Anderson               Askins
Bailey                 Baxley                 Brown, H.
Brown, J.              Byrd                   Canty
Carnell                Cato                   Cave
Chamblee               Clyburn                Cotty
Cromer                 Dantzler               Davenport
Delleney               Easterday              Elliott
Felder                 Fleming                Gamble
Harrell                Harris, J.             Harris, P.
Harrison               Haskins                Hines, J.
Hines, M.              Hodges                 Howard
Huff                   Hutson                 Inabinett
Jennings               Keegan                 Kelley
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Law
Lee                    Limehouse              Lloyd
Marchbanks             Mason                  McAbee
McKay                  McMahand               Meacham
Neilson                Quinn                  Rhoad
Rice                   Riser                  Robinson
Sandifer               Scott                  Seithel
Simrill                Smith, R.              Spearman
Stille                 Stoddard               Stuart
Thomas                 Tripp                  Tucker
Vaughn                 Waldrop                Wells
Wilder                 Wilkes                 Wilkins
Williams               Wofford                Worley
Young                  Young-Brickell

Total--83

Those who voted in the negative are:

Herdklotz              Jaskwhich              Keyserling
Sharpe                 Sheheen

Total--5

So, the Concurrent Resolution was adopted and ordered sent to the Senate.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Allison                Anderson               Askins
Bailey                 Baxley                 Breeland
Brown, H.              Brown, J.              Brown, T.
Byrd                   Canty                  Carnell
Cato                   Cave                   Chamblee
Clyburn                Cobb-Hunter            Cooper
Cotty                  Cromer                 Dantzler
Davenport              Delleney               Easterday
Elliott                Felder                 Fleming
Fulmer                 Gamble                 Govan
Harrell                Harris, J.             Harris, P.
Harrison               Haskins                Herdklotz
Hines, J.              Hines, M.              Hodges
Howard                 Huff                   Hutson
Inabinett              Jaskwhich              Jennings
Keegan                 Kelley                 Kennedy
Keyserling             Kinon                  Kirsh
Klauber                Knotts                 Koon
Lanford                Law                    Lee
Limehouse              Littlejohn             Lloyd
Marchbanks             Martin                 Mason
McAbee                 McCraw                 McKay
McMahand               McTeer                 Meacham
Neal                   Neilson                Quinn
Rice                   Riser                  Robinson
Sandifer               Scott                  Seithel
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Spearman
Stille                 Stoddard               Stuart
Thomas                 Tripp                  Trotter
Tucker                 Vaughn                 Waldrop
Wells                  Whatley                Whipper, L.
Whipper, S.            White                  Wilder
Wilkes                 Wilkins                Williams
Witherspoon            Wofford                Worley
Wright                 Young                  Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, January 16.

Robert E. Walker                  Bessie Moody-Lawrence
Olin R. Phillips                  Timothy F. Rogers
Ronald P. Townsend                Grady A. Brown
C. Alex Harvin III                William D. Boan
Joseph T. McElveen, Jr.
Total Present--117

LEAVES OF ABSENCE

The SPEAKER granted Reps. LIMBAUGH and CAIN a leave of absence for the day.

DOCTOR OF THE DAY

Announcement was made that Dr. Gerald Harmon of Georgetown is the Doctor of the Day for the General Assembly.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

S. 906 -- Senator Land: A BILL TO PROVIDE THAT THE SUPERINTENDENT OF ANY SCHOOL DISTRICT LOCATED IN CLARENDON COUNTY SERVING AS AN EX OFFICIO MEMBER OF A VOCATIONAL SCHOOL BOARD SHALL SERVE AS A VOTING MEMBER OF SUCH BOARD.

H. 4397--INTERRUPTED DEBATE

The following Bill was taken up.

H. 4397 -- Reps. Wilkins, Huff, Sharpe, H. Brown, D. Smith, Cato, Townsend, Haskins, J. Brown, Littlejohn, Herdklotz, Hutson, J. Young, Jennings, Simrill, Bailey, Harrell, Allison, Law, Walker, Gamble and Richardson: A BILL ENACTING THE ECONOMIC DEVELOPMENT INDUSTRIAL CLUSTER ACT OF 1996, BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-6-3480, 38-7-190, AND 12-10-45 SO AS TO ALLOW CERTAIN INCOME TAX CREDITS TO BE APPLIED AGAINST INSURANCE PREMIUM TAX LIABILITIES AND VICE VERSA AND TO PROVIDE FOR THE DESIGNATION OF ADDITIONAL ENTERPRISE ZONES IN THE CASE OF PROJECTS OF QUALIFYING TIRE MANUFACTURERS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO EXTEND THE TAX CREDIT CARRY FORWARD PERIOD FROM TEN TO FIFTEEN YEARS; TO AMEND SECTION 12-10-70, RELATING TO ADDITIONAL TAX CREDITS ALLOWED IN ENTERPRISE ZONES AND OTHER SITUATIONS RELATED TO SOCIO-ECONOMIC STATUS, SO AS TO EXTEND THESE PROVISIONS TO QUALIFYING TIRE MANUFACTURERS AND ALLOW THE QUALIFICATION OF A PERCENTAGE OF TRANSFERRED EMPLOYEES AS NEW EMPLOYEES IN THE CASE OF AN ELIGIBLE TIRE MANUFACTURER; TO AMEND SECTION 12-10-80, RELATING TO THE JOB DEVELOPMENT FEES ALLOWED QUALIFYING BUSINESSES, SO AS TO CLARIFY THE STATUS OF THE FEES IN THE EVENT OF DISQUALIFICATION AND PROVIDE ADDITIONAL CIRCUMSTANCES UNDER WHICH JOB DEVELOPMENT FEES MAY BE EXPENDED; TO AMEND SECTION 12-14-30, RELATING TO DEFINITIONS UNDER THE ECONOMIC IMPACT ZONE COMMUNITY DEVELOPMENT ACT OF 1995, SO AS TO PROVIDE ADDITIONAL ELIGIBILITY FOR QUALIFYING FOR THE BENEFITS ALLOWED IN THE ACT; TO AMEND SECTION 12-21-2423, AS AMENDED, RELATING TO THE RETENTION OF A PORTION OF ADMISSIONS LICENSE TAXES FOR MAJOR TOURISM OR RECREATION PROJECTS, SO AS TO CLARIFY THE APPLICATION OF THE PROVISION ALLOWING THE RETENTION OF THESE TAX REVENUES; AND TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY AND ALLOWABLE DEPRECIATION OF PROPERTY FOR PURPOSES OF PROPERTY TAXATION, SO AS TO ALLOW A HIGHER DEPRECIATION RATE FOR RUBBER PRODUCTS AND ALLOW A LOWER DEPRECIATION LIMIT FOR QUALIFYING TIRE MANUFACTURERS.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22199HTC.96).

Amend the bill, as and if amended, by striking Sections 3 and 4 and inserting:

/SECTION     3.     A.     Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:

"Section 12-6-3480.     (A)     Notwithstanding any other provision of law:

(1)     Any credits under Title 38 may be applied against any taxes imposed under this chapter or license fees imposed under Chapter 20 of this title.

(2)     Any credits under this chapter which are earned by one member of a controlled group of corporations may be used and applied by that member and by any other members of the controlled group of corporations.

(3)     Any limitations upon the total amount of liability for taxes or license fees that can be reduced by the use of a credit must be computed before any other credit is used to reduce any tax or license fee liability under this chapter or Chapter 20 of this title. Subject to item (4), the taxpayer may apply any credits arising under this chapter in any order the taxpayer elects.

(4)     No credit may be sued more than once, and all credits must be used, to the extent possible in any given year, first by the company that earned them, and second against the tax which generated them.

(5)     As used in this section:

(a)     the term 'controlled group of corporations' has the same meaning as provided under Section 1563 of the Internal Revenue Code without regard to Section 1563(a)(4), (b)(2)(A), only with respect to corporations which are in existence for less than one-half the number of days in the tax year referred to therein, and (b)(2)(C) and (D);

(b)     the term 'tax credit' or 'credit' means a statutorily directed or authorized reduction in the tax liability made after any applicable tax rates are applied.

B.     This section is effective for tax years beginning after 1995."

SECTION     4.     A.     Chapter 20, Title 12 of the 1976 Code, as added by Act 76 of 1995, is amended by adding:

"Section 12-20-105.     License fees may be reduced by credits as provided in Section 12-6-3410 or Section 12-6-3480, or both of these sections.

B.     This section is effective for tax year beginning after 1995."

SECTION     5.     A.     Chapter 7, Title 38 of the 1976 Code is amended by adding:

"Section 38-7-190.     (A)     Notwithstanding any other provision of law:

(1)     Any credits under Chapter 6 of Title 12 may be applied against any taxes, license fees, and other assessments imposed under this title.

(2)     Any credits under this title which are earned by one member of a controlled group of corporations may be used and applied by that member and any other members of the controlled group of corporations.

(3)     Any limitations upon the total amount of liability for taxes that can be reduced by the use of a credit must be computed before any credit is used to reduce any tax liability under this title. Subject to item (4), the taxpayer may apply any credits arising under this title in any order the taxpayer elects.

(4)     No credit can be used more than once, and all credits must be used, to the extent possible in any given year, first by the company that earned them, and second against the tax which generated them.

(5)     As used in this section:

(a)     The term 'controlled group of corporations' has the same meaning as provided under Section 1563 of the Internal Revenue Code without regard to Section 1563(a)(4), (b)(2)(A) only with respect to corporations which are in existence for less than one-half the number of days in the tax year referred to therein, and (b)(2)(C) and (D);

(b)     The term 'tax credit' or 'credit' means a statutorily directed or authorized reduction in the tax liability made after any applicable tax rates are applied.

B.     This section is effective for tax years beginning after 1995."/

Amend further, by striking Section 12-10-70(1)(b), as contained in Section 7, page 5, and inserting:

/(b)     If the business is a tire manufacturer that has a capital investment in this State which exceeds one billion dollars and employs more than five thousand employees in this State at all times during the tax year for which the credit is claimed, the qualifying business is entitled to the jobs tax credit for the period and in the amount provided in Section 12-7-1220(B) 12-6-3360(C)(1); in addition, a qualifying business is entitled to an additional five hundred dollars a year tax credit in the third, fourth, and fifth year of any AFDC recipient's continued employment with the qualifying business, based on the status of the employee at the time of beginning employment. Except as stated below, a new job is not considered a new job for the purpose of this credit if it replaces the same job that was part of a reduction in force in the preceding twelve months. A tire manufacturer may qualify as new jobs up to ninety percent of the employees transferred from an existing project in the State to one of up to three new projects approved by the council if:

(i)     the tire manufacturer has a capital investment in this State which exceeds one billion dollars, as defined in Section 12-10-45;

(ii)     the tire manufacturer employs more than five thousand employees in this State at all times during the tax year for which the credit is claimed;

(iii)     the tire manufacturer makes a capital investment in excess of five hundred million dollars in this State over the five-year period beginning on the stipulated date; and

(iv)     the council and the tire manufacturer enter into a revitalization agreement that, among other provisions:

(A)     clearly defines the three new projects,

(B)     limits the credit for transferred jobs to jobs that were either backfilled by other new hires in the State or the transfer was needed to retain an employee's employment in the State,

(C)     includes a provision for an audit by the Department of Revenue and Taxation to ensure that the credit for transferred employees is only allowed for employees transferred for valid business reasons from projects in operation in the State on the stipulated date to one of the three defined new projects, and

(D)     no credit will be allowed for employees transferred solely to obtain the credit./

Amend further, Section 12-10-80(A), as contained in Section 8A, page 6, line 17, by striking /April fifteenth/ and inserting /June thirtieth/ so that when amended Section 12-10-80(A) reads:

"(A)     Upon certification by the council to the department of the council's determination that a business is a qualifying business, a qualifying business may collect a job development fee by retaining an amount of employee withholding permitted by subsection (C) or (D), or both but not both, for the purposes permitted by subsection (B) or (D), respectively. The amount retained is the property of the business, subject to all of the conditions in this section including the later possible requirement that the funds be transferred to this State as withholding and the possible forfeiture of the funds to this State as misappropriated withholding. The retained withholding withheld must be maintained in an escrow account with a bank which is insured by the Federal Deposit Insurance Corporation. To the extent the money is not used as permitted by subsection (B) or (D), it must be treated as misappropriated employee withholding. Employee withholding may not be retained from an employee whose job was created in this State before the entry of the qualifying business into a revitalization agreement. If a qualifying business retains employee withholding under this section, it shall make its payroll books and records available for inspection by the council and the department at the times the council and the department request. Each qualifying business retaining employee withholding under this section shall file with the council and the department the information and documentation respecting the retention and use of the employee withholding according to the revitalization agreement. Each qualifying business which retains in excess of ten thousand dollars in any calendar year shall furnish an audited report prepared by an independent certified public accountant which itemizes the sources and uses of the funds. The audited report must be filed with the council and the department no later than June thirtieth following the calendar year of the retention. Each qualifying business retaining employee withholding under this section is allowed a credit against the withholding tax liability provided in Chapter 9 of this title otherwise owed to the State, the credit not to exceed the lesser of the amount of such tax or the aggregate amount of employee withholding retained. No employer may withhold an amount that results in any employee ever receiving a smaller amount of wages on either a weekly or on an annual basis than the employee would otherwise receive in the absence of this chapter."

Amend further, by inserting an appropriately numbered penultimate section to read:

/SECTION     _____.     As used in the amendments to Section 12-10-70(1)(b) contained in this act, the phrase "stipulated date" means the general effective date of this act and the Code Commissioner in the preparation of the cumulative supplement to the Code of Laws of South Carolina, 1976, is directed to delete the phrase "stipulated date" and insert the calendar date that is the general effective date of this act./

Renumber sections to conform.

Amend title to conform.

Rep. HARRELL explained the amendment.

POINT OF ORDER

Rep. SHEHEEN raised the Point of Order that the Bill was out of order in compliance with Rule 5.13 which states that each Bill effecting the expenditures of money by the State shall, prior to receiving second reading, have attached to it in writing such comment of the State Auditor as may appear appropriate regarding its effect on the finances of the State.

The SPEAKER stated that the Bill had an impact statement from Bernie Maybank.

Rep. SHEHEEN stated that the House had adopted an additional requirement for Bills under Rule 5.13 requiring a statement from the State Auditor about the finances that are to be effected. He further argued that the statement of fiscal impact was under the Appropriations Bill of 1983, and applied to both the House and the Senate. He stated that Rule 5.13 simply required a statement from the State Auditor and was a further requirement in addition to the fiscal impact requirement. Rep. SHEHEEN further stated that the fiscal impact statement requirement was passed by both bodies and was in the form of state law and that this was a rule of the House and that he was not aware of anyone ever raising the Point.

Rep. FELDER said that Rule 5.13 stated "as may appear appropriate" and it did not state "shall" and he further said that the Committee Chairman could satisfy the requirement.

Rep. HASKINS stated that Rule 5.13 applied only to Bills effecting the expenditure of money by the State and that this Bill did not effect the expenditure of money by the State and it merely granted certain tax credits and that Rule 5.13 did not apply.

Rep. SHEHEEN stated that under that theory it would only apply to Appropriations Bills and that this effected the expenditure of money because it decreased the amount of money.

Rep. HASKINS stated that he agreed that it would only apply to Appropriations Bills because it said Bills effecting expenditures of money by the State, but it did not say Bills granting tax credits or requiring companies to pay the state less.

Rep. HARRELL stated that the Rule did not apply because it said each Bill effecting the expenditures of money and that this Bill did not expend money. It dealt with tax credits granted to business and industry and the admissions tax in terms of dates, not in terms of expenditures.

Rep. SHEHEEN stated that the summary on Section 10 of the Bill stated that it provided changes relating to the admissions tax used for infrastructure improvements.

The SPEAKER stated that it was not new state expenditures and that it just provided for the allocation of the money.

Rep. SHEHEEN stated that the Rule did not state new, it said effect.

The SPEAKER stated that effect meant to cause or to bring about and that the bill under consideration did not effect state expenditures. He further stated that Rule 5.13 stated each Bill effecting the expenditure of money by the State and therefore did not apply due to the fact that this Bill did not appropriate or cause expenditures of state funds and he overruled the Point of Order.

Rep. HARRELL continued speaking.

Rep. HARRELL spoke in favor of the amendment.

RULE 6.1 WAIVED

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

Rep. HARRELL continued speaking.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1.

RECURRENCE TO THE MORNING HOUR

Rep. HARRELL moved that the House recur to the morning hour, which was agreed to.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 4447 -- Reps. Meacham, Simrill, Young-Brickell, Vaughn, Allison, Davenport, Rice, Easterday, Haskins and Lee: A BILL TO AMEND SECTION 59-63-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCY AND OTHER ELIGIBILITY REQUIREMENTS OF CHILDREN TO ATTEND PUBLIC SCHOOLS, SO AS TO DELETE A PROVISION ALLOWING A CHILD TO ATTEND A PUBLIC SCHOOL IN A PARTICULAR DISTRICT IF THE CHILD OWNS CERTAIN REAL ESTATE IN THE DISTRICT; AND TO AMEND SECTION 59-63-31, RELATING TO ADDITIONAL QUALIFICATIONS FOR ATTENDANCE AT PUBLIC SCHOOLS, SO AS TO CONFORM A REFERENCE IN THE SECTION TO THE REVISED PROVISIONS OF SECTION 59-63-30.

Referred to Committee on Education and Public Works.

H. 4448 -- Reps. Hallman, Cooper, Quinn, Seithel, Limehouse, Fulmer, Whatley, Young-Brickell and S. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-7-100, SO AS TO ESTABLISH THE HUNLEY COMMISSION TO NEGOTIATE WITH THE UNITED STATES GOVERNMENT ON BEHALF OF THE STATE OF SOUTH CAROLINA CONCERNING THE SUBMARINE H.L. HUNLEY TO ENSURE THAT THE SUBMARINE AND ANY HUMAN REMAINS LOCATED IN IT REMAIN IN SOUTH CAROLINA IN PERPETUITY AND ARE DISPLAYED IN AN APPROPRIATE MANNER FOR THE BENEFIT OF FUTURE GENERATIONS.

Referred to Committee on Judiciary.

H. 4397--DEBATE ADJOURNED

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.

H. 4397 -- Reps. Wilkins, Huff, Sharpe, H. Brown, D. Smith, Cato, Townsend, Haskins, J. Brown, Littlejohn, Herdklotz, Hutson, J. Young, Jennings, Simrill, Bailey, Harrell, Allison, Law, Walker, Gamble and Richardson: A BILL ENACTING THE ECONOMIC DEVELOPMENT INDUSTRIAL CLUSTER ACT OF 1996, BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-6-3480, 38-7-190, AND 12-10-45 SO AS TO ALLOW CERTAIN INCOME TAX CREDITS TO BE APPLIED AGAINST INSURANCE PREMIUM TAX LIABILITIES AND VICE VERSA AND TO PROVIDE FOR THE DESIGNATION OF ADDITIONAL ENTERPRISE ZONES IN THE CASE OF PROJECTS OF QUALIFYING TIRE MANUFACTURERS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO EXTEND THE TAX CREDIT CARRY FORWARD PERIOD FROM TEN TO FIFTEEN YEARS; TO AMEND SECTION 12-10-70, RELATING TO ADDITIONAL TAX CREDITS ALLOWED IN ENTERPRISE ZONES AND OTHER SITUATIONS RELATED TO SOCIO-ECONOMIC STATUS, SO AS TO EXTEND THESE PROVISIONS TO QUALIFYING TIRE MANUFACTURERS AND ALLOW THE QUALIFICATION OF A PERCENTAGE OF TRANSFERRED EMPLOYEES AS NEW EMPLOYEES IN THE CASE OF AN ELIGIBLE TIRE MANUFACTURER; TO AMEND SECTION 12-10-80, RELATING TO THE JOB DEVELOPMENT FEES ALLOWED QUALIFYING BUSINESSES, SO AS TO CLARIFY THE STATUS OF THE FEES IN THE EVENT OF DISQUALIFICATION AND PROVIDE ADDITIONAL CIRCUMSTANCES UNDER WHICH JOB DEVELOPMENT FEES MAY BE EXPENDED; TO AMEND SECTION 12-14-30, RELATING TO DEFINITIONS UNDER THE ECONOMIC IMPACT ZONE COMMUNITY DEVELOPMENT ACT OF 1995, SO AS TO PROVIDE ADDITIONAL ELIGIBILITY FOR QUALIFYING FOR THE BENEFITS ALLOWED IN THE ACT; TO AMEND SECTION 12-21-2423, AS AMENDED, RELATING TO THE RETENTION OF A PORTION OF ADMISSIONS LICENSE TAXES FOR MAJOR TOURISM OR RECREATION PROJECTS, SO AS TO CLARIFY THE APPLICATION OF THE PROVISION ALLOWING THE RETENTION OF THESE TAX REVENUES; AND TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY AND ALLOWABLE DEPRECIATION OF PROPERTY FOR PURPOSES OF PROPERTY TAXATION, SO AS TO ALLOW A HIGHER DEPRECIATION RATE FOR RUBBER PRODUCTS AND ALLOW A LOWER DEPRECIATION LIMIT FOR QUALIFYING TIRE MANUFACTURERS.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22199HTC.96).

Amend the bill, as and if amended, by striking Sections 3 and 4 and inserting:

/SECTION     3.     A.     Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:

"Section 12-6-3480.     (A)     Notwithstanding any other provision of law:

(1)     Any credits under Title 38 may be applied against any taxes imposed under this chapter or license fees imposed under Chapter 20 of this title.

(2)     Any credits under this chapter which are earned by one member of a controlled group of corporations may be used and applied by that member and by any other members of the controlled group of corporations.

(3)     Any limitations upon the total amount of liability for taxes or license fees that can be reduced by the use of a credit must be computed before any other credit is used to reduce any tax or license fee liability under this chapter or Chapter 20 of this title. Subject to item (4), the taxpayer may apply any credits arising under this chapter in any order the taxpayer elects.

(4)     No credit may be sued more than once, and all credits must be used, to the extent possible in any given year, first by the company that earned them, and second against the tax which generated them.

(5)     As used in this section:

(a)     the term 'controlled group of corporations' has the same meaning as provided under Section 1563 of the Internal Revenue Code without regard to Section 1563(a)(4), (b)(2)(A), only with respect to corporations which are in existence for less than one-half the number of days in the tax year referred to therein, and (b)(2)(C) and (D);

(b)     the term 'tax credit' or 'credit' means a statutorily directed or authorized reduction in the tax liability made after any applicable tax rates are applied.

B.     This section is effective for tax years beginning after 1995."

SECTION     4.     A.     Chapter 20, Title 12 of the 1976 Code, as added by Act 76 of 1995, is amended by adding:

"Section 12-20-105.     License fees may be reduced by credits as provided in Section 12-6-3410 or Section 12-6-3480, or both of these sections.

B.     This section is effective for tax year beginning after 1995."

SECTION     5.     A.     Chapter 7, Title 38 of the 1976 Code is amended by adding:

"Section 38-7-190.     (A)     Notwithstanding any other provision of law:

(1)     Any credits under Chapter 6 of Title 12 may be applied against any taxes, license fees, and other assessments imposed under this title.

(2)     Any credits under this title which are earned by one member of a controlled group of corporations may be used and applied by that member and any other members of the controlled group of corporations.

(3)     Any limitations upon the total amount of liability for taxes that can be reduced by the use of a credit must be computed before any credit is used to reduce any tax liability under this title. Subject to item (4), the taxpayer may apply any credits arising under this title in any order the taxpayer elects.

(4)     No credit can be used more than once, and all credits must be used, to the extent possible in any given year, first by the company that earned them, and second against the tax which generated them.

(5)     As used in this section:

(a)     The term 'controlled group of corporations' has the same meaning as provided under Section 1563 of the Internal Revenue Code without regard to Section 1563(a)(4), (b)(2)(A) only with respect to corporations which are in existence for less than one-half the number of days in the tax year referred to therein, and (b)(2)(C) and (D);

(b)     The term 'tax credit' or 'credit' means a statutorily directed or authorized reduction in the tax liability made after any applicable tax rates are applied.

B.     This section is effective for tax years beginning after 1995."/

Amend further, by striking Section 12-10-70(1)(b), as contained in Section 7, page 5, and inserting:

/(b)     If the business is a tire manufacturer that has a capital investment in this State which exceeds one billion dollars and employs more than five thousand employees in this State at all times during the tax year for which the credit is claimed, the qualifying business is entitled to the jobs tax credit for the period and in the amount provided in Section 12-7-1220(B) 12-6-3360(C)(1); in addition, a qualifying business is entitled to an additional five hundred dollars a year tax credit in the third, fourth, and fifth year of any AFDC recipient's continued employment with the qualifying business, based on the status of the employee at the time of beginning employment. Except as stated below, a new job is not considered a new job for the purpose of this credit if it replaces the same job that was part of a reduction in force in the preceding twelve months. A tire manufacturer may qualify as new jobs up to ninety percent of the employees transferred from an existing project in the State to one of up to three new projects approved by the council if:

(i)     the tire manufacturer has a capital investment in this State which exceeds one billion dollars, as defined in Section 12-10-45;

(ii)     the tire manufacturer employs more than five thousand employees in this State at all times during the tax year for which the credit is claimed;

(iii)     the tire manufacturer makes a capital investment in excess of five hundred million dollars in this State over the five-year period beginning on the stipulated date; and

(iv)     the council and the tire manufacturer enter into a revitalization agreement that, among other provisions:

(A)     clearly defines the three new projects,

(B)     limits the credit for transferred jobs to jobs that were either backfilled by other new hires in the State or the transfer was needed to retain an employee's employment in the State,

(C)     includes a provision for an audit by the Department of Revenue and Taxation to ensure that the credit for transferred employees is only allowed for employees transferred for valid business reasons from projects in operation in the State on the stipulated date to one of the three defined new projects, and

(D)     no credit will be allowed for employees transferred solely to obtain the credit./

Amend further, Section 12-10-80(A), as contained in Section 8A, page 6, line 17, by striking /April fifteenth/ and inserting /June thirtieth/ so that when amended Section 12-10-80(A) reads:

"(A)     Upon certification by the council to the department of the council's determination that a business is a qualifying business, a qualifying business may collect a job development fee by retaining an amount of employee withholding permitted by subsection (C) or (D), or both but not both, for the purposes permitted by subsection (B) or (D), respectively. The amount retained is the property of the business, subject to all of the conditions in this section including the later possible requirement that the funds be transferred to this State as withholding and the possible forfeiture of the funds to this State as misappropriated withholding. The retained withholding withheld must be maintained in an escrow account with a bank which is insured by the Federal Deposit Insurance Corporation. To the extent the money is not used as permitted by subsection (B) or (D), it must be treated as misappropriated employee withholding. Employee withholding may not be retained from an employee whose job was created in this State before the entry of the qualifying business into a revitalization agreement. If a qualifying business retains employee withholding under this section, it shall make its payroll books and records available for inspection by the council and the department at the times the council and the department request. Each qualifying business retaining employee withholding under this section shall file with the council and the department the information and documentation respecting the retention and use of the employee withholding according to the revitalization agreement. Each qualifying business which retains in excess of ten thousand dollars in any calendar year shall furnish an audited report prepared by an independent certified public accountant which itemizes the sources and uses of the funds. The audited report must be filed with the council and the department no later than June thirtieth following the calendar year of the retention. Each qualifying business retaining employee withholding under this section is allowed a credit against the withholding tax liability provided in Chapter 9 of this title otherwise owed to the State, the credit not to exceed the lesser of the amount of such tax or the aggregate amount of employee withholding retained. No employer may withhold an amount that results in any employee ever receiving a smaller amount of wages on either a weekly or on an annual basis than the employee would otherwise receive in the absence of this chapter."

Amend further, by inserting an appropriately numbered penultimate section to read:

/SECTION     _____.     As used in the amendments to Section 12-10-70(1)(b) contained in this act, the phrase "stipulated date" means the general effective date of this act and the Code Commissioner in the preparation of the cumulative supplement to the Code of Laws of South Carolina, 1976, is directed to delete the phrase "stipulated date" and insert the calendar date that is the general effective date of this act./

Renumber sections to conform.

Amend title to conform.

Rep. COBB-HUNTER spoke upon the amendment.

Rep. HARRELL moved to adjourn debate upon the Bill until Wednesday, January 17, which was adopted.

H. 4449--ADOPTED

The following was taken up for immediate consideration:

H. 4449 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.4397, RELATING TO THE ECONOMIC DEVELOPMENT INDUSTRIAL CLUSTER ACT OF 1996, FOR SECOND READING OR OTHER CONSIDERATION ON WEDNESDAY, JANUARY 17, 1996, IMMEDIATELY FOLLOWING THIRD READING OF STATEWIDE UNCONTESTED BILLS AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.4397 UNTIL THIRD READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That H.4397, relating to the Economic Development Industrial Cluster Act of 1996, is set by special order for second reading or other consideration on Wednesday, January 17, 1996, immediately following third reading of statewide uncontested bills and continuing each legislative day immediately following the call of third reading of statewide uncontested bills until H.4397 is given third reading or it is otherwise disposed of.

Rep. HUFF explained the Resolution.

The Resolution was adopted.

H. 3879--DEBATE ADJOURNED

Rep. WITHERSPOON moved to adjourn debate upon the following Bill until Wednesday, January 17, which was adopted.

H. 3879 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-3-315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPUTY ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REVISE THEIR AUTHORITY, POWERS, AND REQUIREMENTS.

H. 3532--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, January 17, which was adopted.

H. 3532 -- Reps. Wright, H. Brown, Cato, Cooper, Fulmer, Harvin, Harwell, Keegan, Knotts, Koon, Wilkins and A. Young: A BILL TO AMEND TITLE 52, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMUSEMENTS, GAMES, AND ATHLETIC CONTESTS BY ADDING CHAPTER 19 SO AS TO ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH TO A PERSON ENGAGED IN A ROLLER SKATING ACTIVITY CAUSED BY AN INHERENT RISK OF ROLLER SKATING.

H. 4408--RECALLED AND REFERRED TO
THE COMMITTEE ON EDUCATION AND PUBLIC WORKS

On motion of Rep. J. BROWN, with unanimous consent, the following Bill was recalled from the Committee on Medical, Military, Public and Municipal Affairs and was referred to the Committee on Education and Public Works.

H. 4408 -- Rep. Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-545 SO AS TO PROVIDE THAT IT IS THE RESPONSIBILITY OF THE SCHOOL DISTRICT IN WHICH A CHILD IS PLACED IN FOSTER CARE OR OTHER LIVING ARRANGEMENTS TO PROVIDE FOR THE CHILD'S EDUCATION AND TO PROVIDE AN EXCEPTION.

S. 879--RECALLED FROM LEGISLATIVE COUNCIL

On motion of Rep. MARCHBANKS, with unanimous consent, the following Bill was ordered recalled from Legislative Council.

S. 879 -- Senators Martin and Alexander: A BILL TO AMEND SECTION 7-7-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS FOR PICKENS COUNTY, SO AS TO CONSOLIDATE THE UNIVERSITY PRECINCT AND THE FORT HILL PRECINCT IN PICKENS COUNTY INTO A SINGLE PRECINCT ENTITLED THE "FORT HILL" PRECINCT.

H. 4424--RECALLED AND REFERRED TO
THE COMMITTEE ON EDUCATION AND PUBLIC WORKS

On motion of Rep. TOWNSEND, with unanimous consent, the following Concurrent Resolution was recalled from the Committee on Invitations and Memorial Resolutions and was referred to the Committee on Education and Public Works.

H. 4424 -- Rep. Rice: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 123 IN GREENVILLE COUNTY FROM WHITE HORSE ROAD TO PENDLETON STREET IN HONOR OF JOSEPH JEFFERSON WOFFORD "SHOELESS JOE" JACKSON.

REGULATION NO. 1904--RECALLED AND REFERRED TO
THE COMMITTEE ON EDUCATION AND PUBLIC WORKS

On motion of Rep. TOWNSEND, with unanimous consent, the following regulation was recalled from the Committee on Ways and Means and was referred to the Committee on Education and Public Works.

Regulation No. 1904
REGULATION NO. 1905--RECALLED AND REFERRED TO
THE COMMITTEE ON EDUCATION AND PUBLIC WORKS

On motion of Rep. TOWNSEND, with unanimous consent, the following regulation was recalled from the Committee on Ways and Means and was referred to the Committee on Education and Public Works.

Regulation No. 1905
STATEMENT BY REP. HUFF

Rep. HUFF, with unanimous consent, made a statement relative to his resignation as a member of the House of Representatives.

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

ADJOURNMENT

At 1:25 P.M. the House in accordance with the motion of Rep. TRIPP adjourned in memory of Nicholas Camerato and Brandon Hatsell of Simpsonville, to meet at 2:00 P.M. tomorrow.

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