Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 P.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Lord, You know how impatient we so often are. We want it all, and we want it right now. We confess that this breeds all sorts of unrest within us. We are afraid that we will run out of time before we get all that we want. Grant us then, good Lord, the virtue of patience: patience with You and with others. Help us to see that our schedule may be quite different from Yours, and that all that You have to give to us will be given in Your good time. Capture us completely in the knowledge of Your wisdom and lead us to respond in praise and thanksgiving.
Grant us to know that when we serve others we are serving You.
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.
Rep. STODDARD moved that when the House adjourns, it adjourn in memory of W. Cecil Garrett of Laurens, which was agreed to.
The following was received.
January 16, 1996
The Honorable Sandra K. McKinney
Clerk, S.C. House of Representatives
State House
Columbia, S.C. 29201
Dear Mrs. McKinney:
The House Rules Committee met on Tuesday, January 16, 1996, and elected the following officers:
WILLIAM DOUGLAS SMITH, Chairman
JOHN G. FELDER, 1st Vice-Chairman
Sincerely,
Ruth D. Muldrow
Executive Secretary
Received as information.
The following was received.
January 17, 1996
The Honorable David H. Wilkins
Speaker, S.C. House of Representatives
P.O. Box 11867
Columbia, S.C. 29211
Dear Mr. Speaker:
This is to advise that I am resigning from the House Operations and Management Committee, effective today, January 17, 1996.
I have enjoyed serving on this Committee very much.
Sincerely,
JOHN W. RISER
Received as information.
The following was received.
TO: Representative Michael Stewart Whatley
FROM: David H. Wilkins, Speaker
DATE: January 17, 1996
RE: Appointment to House Judiciary Committee
Effective immediately, I hereby appoint you to the above-named committee. I know that you will serve with great distinction.
Please do not hesitate to contact me if you have any questions.
Received as information.
The following was received.
TO: Representative John W. Riser
FROM: David H. Wilkins, Speaker
DATE: January 17, 1996
RE: Appointment to House Rules Committee
I hereby this day appoint you to the House Rules Committee, effective immediately. I know that you will serve with great distinction.
If you have any questions, please do not hesitate to contact.
Received as information.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4329 -- Rep. P. Harris, Waldrop, Neilson, Lanford, Inabinett, Keyserling, Hutson, Cain, Shissias, T. Brown, J. Brown, Harvin, Carnell, Rogers, Scott, Meacham and Clyburn: A JOINT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON AGING IN CONJUNCTION WITH THE CENTER OF HEALTH POLICY, INSTITUTE OF PUBLIC AFFAIRS, UNIVERSITY OF SOUTH CAROLINA, TO EVALUATE AND STUDY OPTIONS FOR CONSUMER FINANCING OF LONG-TERM CARE AND TO REPORT AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4361 -- Reps. P. Harris, Waldrop, Neilson, Lanford, Inabinett, Keyserling, Cain, Shissias, T. Brown, J. Brown, Jennings, Harvin, Carnell, Rogers and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-36-325 SO AS TO DIRECT THE ALZHEIMER'S DISEASE AND RELATED DISORDERS RESOURCE COORDINATION CENTER TO DEVELOP A GRANT PROGRAM TO ASSIST WITH PROBLEMS RELATIVE TO THIS DISEASE AND TO REQUIRE THE GRANT RECIPIENT TO PROVIDE MATCHING FUNDS OR IN-KIND CONTRIBUTIONS.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 4419 -- Rep. Anderson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME SOUTH CAROLINA HIGHWAY 81 FROM THE CITY LIMIT OF GREENVILLE TO THE POINT ONE MILE SOUTH OF THE CITY LIMIT IN GREENVILLE COUNTY IN HONOR OF BISHOP WILLIAM EDWARD FULLER, SR.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 4423 -- Rep. Rice: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT A MARKER AT THE INTERSECTION OF UNITED STATES HIGHWAY 25 AND SOUTH CAROLINA HIGHWAY 124 IN GREENVILLE COUNTY HONORING MR. RICKY DALE PERRY.
Ordered for consideration tomorrow.
The following was introduced:
H. 4450 -- Reps. Harvin, Kennedy and T. Brown: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF LOUISE GANTT WIEHRS OF KINGSTREE AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4451 -- Rep. R. Smith: A CONCURRENT RESOLUTION CONGRATULATING BATH FIRST BAPTIST CHURCH ON ITS ONE HUNDREDTH ANNIVERSARY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 871 -- Senators Leventis, Moore, Thomas and Lander: A CONCURRENT RESOLUTION MEMORIALIZING THE MEMBERS OF SOUTH CAROLINA'S CONGRESSIONAL DELEGATION TO BECOME THE FIRST CONGRESSIONAL DELEGATION IN THE UNITED STATES TO PROMISE PUBLICLY TO REFRAIN IN THE FUTURE FROM ACCEPTING GIFTS AND GRATUITIES FROM LOBBYISTS AND TO SUPPORT LEGISLATION PROHIBITING THE GIVING AND RECEIVING OF LOBBYISTS' GIFTS AND GRATUITIES TO MEMBERS OF CONGRESS AND THEIR STAFF MEMBERS AND EMPLOYEES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1007 -- Senators Courson and Giese: A CONCURRENT RESOLUTION TO COMMEND THE EPWORTH CHILDREN'S HOME OF COLUMBIA FOR ITS OUTSTANDING SERVICE TO MANY THOUSANDS OF CHILDREN AND FAMILIES OF SOUTH CAROLINA UPON THE OCCASION OF ITS ONE HUNDREDTH YEAR OF CHILD CARE, AND TO REQUEST THE GOVERNOR TO DECLARE THE MONTH OF JANUARY 1996 AS EPWORTH CHILDREN'S HOME MONTH IN SOUTH CAROLINA IN HONOR OF THIS EXEMPLARY CHILD CARE FACILITY.
Whereas, Epworth Orphanage was established in Columbia in 1895 by the South Carolina Annual Conference of the Methodist Church; and
Whereas, the first two children came to live at Epworth Orphanage on January 20, 1896, which was the first day of operation of the child care facility; and
Whereas, Epworth Orphanage was chartered by the General Assembly in 1896 to care for dependent and neglected children in the State of South Carolina; and
Whereas, its name was changed to Epworth Children's Home in 1951; and
Whereas, more than eight thousand children have been cared for at Epworth Children's Home during the past one hundred years; and
Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize and thank this outstanding child care facility for a century of outstanding services to children, youth, and families. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly hereby commend the Epworth Children's Home of Columbia for its outstanding service to many thousands of children and families of South Carolina upon the occasion of its one hundredth year of child care.
Be it further resolved that the members of the General Assembly hereby request the Governor to declare the month of January 1996 as Epworth Children's Home Month throughout South Carolina in honor of this exemplary child care facility.
Be it further resolved that a copy of this resolution be forwarded to Epworth Children's Home.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1021 -- Senators Courson and Giese: A CONCURRENT RESOLUTION TO RECOGNIZE THE WORK AND CONTRIBUTIONS OF THE STAFF AND PATIENTS OF THE ADOLESCENT CANCER SUPPORT GROUP "LASTING IMPRESSIONS" DURING THEIR TEN YEAR ANNIVERSARY CELEBRATION AND TO ACKNOWLEDGE THE YOUNG PEOPLE WHO HAVE PARTICIPATED IN THE LASTING IMPRESSIONS PROGRAM DURING THE PAST TEN YEARS AND TO DESIGNATE SATURDAY, JANUARY 27, 1996, AS "LASTING IMPRESSIONS DAY".
Whereas, the number of young South Carolinians affected by cancer necessitates the need for continuing development of support groups and therapy programs to assist these young patients in coping with a difficult situation; and
Whereas, the crisis caused by a diagnosis of cancer can be lessened through therapeutic activities and support from other cancer patients; and
Whereas, The Children's Center for Cancer and Blood Disorders of Richland Memorial Hospital is responsible for the treatment and care of adolescents with cancer and realizes that the problems and uncertainties of youth are further compounded by a diagnosis of cancer; and
Whereas, The LASTING IMPRESSIONS Support Group was developed by the Center and designed to provide an environment where adolescents can face the crisis of a cancer diagnosis and help each other deal with the problems and fears associated with cancer as well as discuss the other issues ordinarily faced by adolescents; and
Whereas, since its inception in November 1985, adolescents have received assistance in crisis resolution, community reentry, and support for long term adjustment; and
Whereas, both current and former members of The LASTING IMPRESSIONS Support Group personify the spirit of altruism, hope, and courage which should be emulated by all South Carolinians. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That Saturday, January 27, 1996, is designated as "LASTING IMPRESSIONS Day" in South Carolina.
Be it further resolved that the General Assembly extends to the members and supporters of The LASTING IMPRESSIONS Support Group its sincere wishes for continued success in its constructive and compassionate efforts on behalf of adolescents with cancer.
Be it further resolved that a copy of this resolution be forwarded to the Children's Center for Cancer and Blood Disorders of Richland Memorial Hospital.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1023 -- Senator Short: A CONCURRENT RESOLUTION TO RECOGNIZE THE HONORABLE JOSIE G. GASTON FOR HER DISTINGUISHED CAREER IN PUBLIC OFFICE AND FOR HER LOYAL AND UNFLAGGING SERVICE TO THE FAIRFIELD COUNTY SCHOOL BOARD OF TRUSTEES AND HER SERVICE AS AN OFFICER, DIRECTOR, AND 1995 PRESIDENT OF THE SOUTH CAROLINA SCHOOL BOARDS ASSOCIATION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1025 -- Senator Martin: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO TAKE THE NECESSARY STEPS TO RENAME THE NORTH FISHTRAP ROAD BRIDGE (SC 37) IN PICKENS COUNTY IN HONOR OF THE LATE SAMUEL H. LUSK.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4452 -- Rep. Simrill: A CONCURRENT RESOLUTION EXPRESSING THE SENSE OF THE GENERAL ASSEMBLY THAT THE CAPITOL COMPLEX POLICE FORCE SHALL NOT SERVE AS STREET CROSSING GUARDS FOR THE MEMBERS OF THE GENERAL ASSEMBLY ON A REGULAR BASIS BUT THAT SUCH SERVICE SHALL BE RENDERED WHEN IT IS CONSIDERED NECESSARY BY THE PRESIDING OFFICERS FOR UNUSUAL CIRCUMSTANCES.
The Concurrent Resolution was ordered referred to the Committee on Education and Public Works.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4453 -- Reps. Townsend, Stille, Cooper, Trotter and Cato: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.
Referred to Committee on Education and Public Works.
H. 4454 -- Rep. Martin: A BILL TO AMEND TITLE 24, CHAPTER 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JAIL AND PRISON INSPECTION PROGRAMS, SO AS TO TRANSFER RESPONSIBILITIES UNDER THIS CHAPTER FROM THE DEPARTMENT OF CORRECTIONS TO THE STATE BUDGET AND CONTROL BOARD; TO PROVIDE THAT THE JAIL AND PRISON INSPECTION DIVISION SHALL SERVE AS A RESOURCE, INFORMATION, AND TECHNICAL ASSISTANCE CENTER FOR CONFINEMENT FACILITIES; AND TO ESTABLISH PROCEDURES FOR DEVELOPING AND ENFORCING MINIMUM STANDARDS.
Referred to Committee on Judiciary.
H. 4455 -- Rep. Delleney: A BILL TO AMEND SECTION 7-7-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND PLACES IN CHESTER COUNTY, SO AS TO CHANGE THE POLLING PLACE IN THE EDGEMOOR PRECINCT FROM THE OLD EDGEMOOR SCHOOLHOUSE TO THE EDGEMOOR COMMUNITY PARK.
On motion of Rep. DELLENEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1022 -- Senators McConnell, Passailaigue, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-140 SO AS TO PROVIDE THAT JUNE TWENTY-EIGHTH OF EACH YEAR IS "CAROLINA DAY" IN SOUTH CAROLINA, COMMEMORATING THE ANNIVERSARY OF THE BATTLE OF FORT SULLIVAN IN 1776.
Referred to Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4456 -- Reps. Cromer, Quinn and Sheheen: A CONCURRENT RESOLUTION CONGRATULATING ST. PETER'S CATHOLIC CHURCH OF COLUMBIA ON THE OCCASION OF ITS ONE HUNDRED SEVENTY-FIFTH ANNIVERSARY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Bailey Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Cain Canty Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Delleney Easterday Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harvin Herdklotz Hines, J. Hines, M. Hodges Howard Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Wright Young Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, January 17.
Larry L. Elliott Harold G. Worley G. Ralph Davenport, Jr. Thomas N. Rhoad
LEAVES OF ABSENCE
The SPEAKER granted Rep. HASKINS a leave of absence for the day.
The SPEAKER granted Rep. RHOAD a temporary leave of absence.
Rep. SHARPE signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, January 16.
Rep. MARCHBANKS moved to reconsider the vote whereby the following Bill was given a third reading, which was agreed to.
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.
Rep. MARCHBANKS, with unanimous consent, proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2152DW.96), which was adopted.
Amend the bill, as and if amended, SECTION 2, beginning on Page 3, Line 43, after /document/ by deleting /P-/ and on Page 4, Line 1, by deleting /77-93/ and inserting /P-7796/.
Amend title to conform.
The Bill, as amended, was read the third time, and ordered returned to the Senate with amendments.
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), which was adopted.
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. KENNEDY spoke against the Bill.
Rep. WILKES spoke in favor of the Bill.
Rep. WHITE spoke against the Bill.
Rep. McABEE proposed the following Amendment No. 5 (Doc Name P:\amend\GJK\22235HTC.96), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ____. Chapter 10, Title 12 of the 1976 Code is amended by adding:
"Section 12-10-75. The provisions of Section 12-14-50 apply in an enterprise zone in the same manner that the benefits allowed pursuant to that section apply in economic impact zones as provided in Chapter 14 of this title, mutatis mutandis."/
Renumber sections to conform.
Amend title to conform.
Rep. McABEE explained the amendment.
Rep. HARRELL spoke against the amendment.
Rep. McABEE spoke in favor of the amendment.
Rep. HARRELL moved to table the amendment.
Rep. McABEE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Brown, H. Cain Cato Cooper Cotty Dantzler Davenport Easterday Fulmer Gamble Hallman Harrell Harris, J. Harrison Herdklotz Hutson Jaskwhich Keegan Kelley Klauber Knotts Koon Lanford Law Lee Limehouse Marchbanks Mason McCraw McKay Meacham Phillips Quinn Rice Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Thomas Tripp Trotter Vaughn Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Bailey Baxley Boan Breeland Brown, G. Brown, T. Byrd Canty Carnell Cave Chamblee Clyburn Cobb-Hunter Delleney Fleming Govan Harris, P. Harvin Hines, J. Hines, M. Howard Inabinett Jennings Kennedy Keyserling Kirsh Limbaugh Littlejohn Lloyd Martin McAbee McElveen McMahand McTeer Moody-Lawrence Neal Neilson Richardson Rogers Scott Sheheen Spearman Stille Stoddard Stuart Townsend Tucker Waldrop Whipper, L. Whipper, S. White Wilder Wilkes Williams
So, the amendment was tabled.
Reps. NEAL, SCOTT and KENNEDY spoke against the Bill.
Reps. JENNINGS, RICHARDSON, G. BROWN and WILKES spoke in favor of the Bill.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. NEAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Bailey Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Cain Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Delleney Easterday Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harvin Herdklotz Hines, J. Hines, M. Hodges Howard Hutson Inabinett Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. Wilder Wilkes Wilkins Williams Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Canty
So, the Bill, as amended, was read the second time and ordered to third reading.
The Enterprise Legislation adopted last year in the General Assembly made South Carolina more competitive, attractive, and equipped to locate, maintain, and help industry expand in South Carolina.
The Economic Development Industrial Cluster Act certainly does help industry that will be locating in certain portions of South Carolina. However, unfortunately, poor-rural areas and counties of South Carolina cannot at this time benefit as much from economic incentive legislation of these type because of some important missing necessities such as: Infrastructure - water and sewer, better roads, environmental barriers and all of the regulation hindrances.
Poor-rural counties in South Carolina must be made industry ready. Happily next time, legislation such as The Economic Development Industrial Cluster Act can have impact on poor rural counties because the legislature would have already equipped these poor-rural areas to make them more competitively attractive for industry.
Rep. THEODORE A. BROWN
The following Bill was taken up.
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.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\amend\DKA\3425HTC.96), which was adopted.
Amend the bill, as and if amended, Section 50-3-315(A), as contained in SECTION 1, page 1, line 36, by striking /officers/ and inserting / officers, except for designated department employees, /, so that when amended Section 50-3-315(A) reads:
/(A) The director may appoint deputy enforcement officers to who serve at the pleasure of the director without pay and shall establish their territorial jurisdiction. The officers, when acting in their official capacity, may enforce all laws and regulations relating to wildlife, marine, or natural resources within have statewide police power. However, the director may restrict their territorial jurisdiction. The powers and duties of the officers must be established by regulations of the department. Deputy enforcement officers serve at the pleasure of the director. No person may be appointed as an officer who holds another public office. The Secretary of State shall transmit to the director the commissions of all officers. The director shall transmit each commission to the office of the clerk of court for the county in which the officer resides only after he files the oaths and officers, except for designated department employees, shall obtain the bonds required by Section 50-3-330./
Amend title to conform.
Rep. WITHERSPOON explained the amendment.
The amendment was then adopted.
Reps. TUCKER and WILKINS proposed the following Amendment No. 2, which was adopted.
Amend the Bill to add new paragraph 50-3-315 and insert:
(D) The Department by regulation shall establish a training program for Deputy Enforcement Officers commissioned after July 1, 1980.
Rep. TUCKER explained the amendment.
The amendment was then adopted.
Reps. ROBINSON, D. SMITH and TUCKER proposed the following Amendment No. 3 (Doc Name P:\amend\PFM\7805AC.96), which was tabled.
Amend the bill, as and if amended, page 3879-1, by deleting subsection (A), beginning on line 28, and inserting:
/(A) The director may appoint deputy enforcement officers to who serve without pay and who only may be removed upon the recommendation of the director and by a majority vote of the governing board of the department and shall establish their territorial jurisdiction. The officers, when acting in their official capacity, may enforce all laws and regulations relating to wildlife, marine, or natural resources within have statewide police power. However, the director may restrict their territorial jurisdiction. The powers and duties of the officers must be established by regulations of the department. Deputy enforcement officers serve at the pleasure of the director. No person may be appointed as an officer who holds another public office. The Secretary of State shall transmit to the director the commissions of all officers. The director shall transmit each commission to the office of the clerk of court for the county in which the officer resides only after he files the oaths and officers, except for designated department employees, shall obtain the bonds required by Section 50-3-330./
Amend title to conform.
Rep. ROBINSON explained the amendment.
Rep. MEACHAM moved to table the amendment, which was agreed to.
Reps. ROBINSON, D. SMITH and TUCKER proposed the following Amendment No. 4 (Doc Name P:\amend\PFM\7804AC.96), which was adopted.
Amend the bill, as and if amended, by deleting SECTION 2 of the bill and inserting:
/SECTION 2. Deputy enforcement officers appointed by the Director of the Department of Natural Resources before July 1, 1996, must comply with Section 50-3-315(G) of the 1976 Code, as added by SECTION 1 of this act, before July 1, 1997.
SECTION 3. This act takes effect July 1, 1996./
Renumber sections to conform.
Amend title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
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.
Reps. COTTY, FLEMING and INABINETT objected to the Bill.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21647SD), which was adopted.
Amend the bill, as and if amended, by striking Section 52-19-30 of the 1976 Code, as contained in SECTION 1, and inserting:
/"Section 52-19-30. Each roller skater must:
(1) maintain reasonable control of his speed and course at all times to the extent he is able;
(2) comply with all properly posted signs and warnings and follow the reasonable instructions of the operator;
(3) wear roller skates only in areas designated by the operator;
(4) maintain a proper lookout to avoid other roller skaters and objects;
(5) accept responsibility for knowing the range of his own ability to negotiate the intended direction of travel while on roller skates and to roller skate within the limits of that ability; and
(6) refrain from acting in a manner which may cause or contribute to the injury of himself or any other person."/
Amend the bill further, as and if amended, by striking Section 52-19-40 of the 1976 Code, as contained in SECTION 1, and inserting:
/"Section 52-19-40. Each spectator must:
(1) comply with all properly posted signs and warnings and follow the reasonable instructions of the operator;
(2) maintain a proper lookout to avoid roller skaters; and
(3) refrain from acting in a manner which may cause or contribute to the injury of himself, any other spectator or roller skaters."/
Amend the bill further, as and if amended, by striking Section 52-19-50(B) of the 1976 Code, as contained in SECTION 1, and inserting:
/"(B) Nothing in subsection (A) prevents or limits the liability of an operator to a roller skater, spectator, or their representative if the operator:
(1) breached his duty as provided in Section 52-19-20 and the breach is the proximate cause of the injury or death;
(2) committed an act or omission that constitutes wilful or wanton disregard for the safety of the roller skater or spectator and that act or omission caused the injury; or
(3) intentionally injured the roller skater or spectator."/
Amend the bill further, as and if amended, by striking Section 52-19-60 of the 1976 Code, as contained in SECTION 1, and inserting:
/"Section 52-19-60. (A) An operator must post and maintain signs which contain the warning notice specified in subsection (B). These signs must be placed in clearly visible locations within the roller skating rink.
(B) A sign described in subsection (A) must contain the following warning notice:
Under South Carolina law, an operator is not liable for an injury to or the death of a roller skater or spectator resulting from an inherent risk of roller skating, pursuant to Chapter 19 of Title 52, Code of Laws of South Carolina, 1976. 'Inherent risk of roller skating' means those dangers or risks which are an integral part of roller skating including, but not limited to, injuries which result from incidental contact with other roller skaters or spectators, injuries which result from falls caused by loss of balance, and injuries which involve objects or artificial structures properly within the intended path of travel of the roller skater. In a roller skating facility, the decisions to wear a helmet or other safety equipment normally associated with outdoor skating is the responsibility of the roller skater and not the operator.
(C) Failure to comply with the requirements concerning warning signs and notices provided in this section prevents an operator from invoking the privileges of immunity provided by this chapter."/
Amend title to conform.
Rep. JENNINGS explained the amendment.
The amendment was then adopted.
Rep. MOODY-LAWRENCE demanded the yeas and nays on the passage of the Bill, which were not ordered.
The Bill, as amended, was read the second time and ordered to third reading by a division vote of 77 to 13.
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
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.
The following Joint Resolution was taken up.
H. 4425 -- Ways and Means Committee: A JOINT RESOLUTION MAKING APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.
Rep. H. BROWN explained the Joint Resolution.
Reps. ROGERS, McELVEEN, HODGES, TUCKER and KEYSERLING proposed the following Amendment No. 2 (Doc Name P:\amend\DKA\3453HTC.96), which was tabled.
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. From fiscal year 1994-95 surplus general fund revenues there is appropriated from the general fund of the State the sum of $90,578,177, which must be rebated to resident individual state income taxpayers as prescribed in Section 2.
SECTION 2. The Department of Revenue and Taxation, from 1995 state individual income tax returns of residents timely filed, including any automatic extension granted, shall calculate, from the funds appropriated pursuant to Section 1 of this joint resolution, a uniform rebate for all returns filed showing a state tax income tax liability, doubled in the case of the returns of married individuals filing jointly, but in no case more than the total liability of the taxpayer for the 1995 taxable year. For purposes of this section, tax liability is the total amount of state individual income tax lawfully due as shown or adjusted on the return before any withholding, estimated, or other tax payment is reflected. The rebate must be paid no later than September 15, 1996, and for all matters relating to the proper distribution of this rebate, it is considered a refund of overpaid state individual income tax. The department may retain no more than $350,000 of the amount appropriated to defray its actual expense of calculating and distributing the rebates.
SECTION 3. This joint resolution takes effect upon approval by the Governor./
Amend totals and title to conform.
Rep. ROGERS explained the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Boan Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Delleney Easterday Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harrison Harvin Herdklotz Hutson Jaskwhich Keegan Kelley Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw McKay Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Askins Bailey Baxley Breeland Brown, G. Brown, J. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Govan Hines, J. Hines, M. Hodges Howard Inabinett Jennings Kennedy Keyserling Kirsh Lee Lloyd McAbee McElveen McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Scott Sheheen Stille Tucker Whipper, L. Whipper, S. White Wilder Williams
So, the amendment was tabled.
The Joint Resolution was read the second time and ordered to third reading.
Rep. H. BROWN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
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.
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.
At 4:25 P.M. the House in accordance with the motion of Rep. STODDARD adjourned in memory of W. Cecil Garrett of Laurens, to meet at 10:00 A.M. tomorrow.
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