Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

| Printed Page 1010, Mar. 16 | Printed Page 1030, Mar. 16 |

Printed Page 1020 . . . . . Thursday, March 16, 1995

Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:

S. 482 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-23-210 SO AS TO PROVIDE THAT ANY STUDENT WHO CARRIES ON HIS PERSON, IN A BOOK BAG, OR PLACES IN A LOCKER OR DESK A FIREARM, OR ANY OTHER TYPE OF WEAPON, DEVICE, OR OBJECT WHICH MAY BE USED TO INFLICT BODILY INJURY OR DEATH WHILE ON ANY ELEMENTARY OR SECONDARY SCHOOL PROPERTY MUST BE EXPELLED FROM SCHOOL PURSUANT TO THE PROCEDURE ESTABLISHED BY THE SCHOOL DISTRICT FOR EXPULSIONS.

Ordered for consideration tomorrow.

Senator LAND from the Committee on Transportation submitted a favorable with amendment report on:

S. 509 -- Senator Reese: A BILL TO AMEND SECTION 56-3-2150, AS AMENDED, AND SECTION 56-3-2170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO MEMBERS OF MUNICIPAL AND COUNTY COUNCILS, SO AS TO PROVIDE A SPECIAL LICENSE PLATE FOR A MAYOR.

Ordered for consideration tomorrow.

Senator LAND from the Committee on Transportation submitted a favorable with amendment report on:

S. 524 -- Senator Leventis: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 62 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE UNITED STATES COAST GUARD AUXILIARY.

Ordered for consideration tomorrow.


Printed Page 1021 . . . . . Thursday, March 16, 1995

Senator DRUMMOND from the Committee on Fish, Game and Forestry submitted a favorable report on:

S. 542 -- Senators McConnell and Passailaigue: A BILL TO RELOCATE THE FOLLY BEACH PUBLIC OYSTER GROUND.

Ordered for consideration tomorrow.

Senator LAND from the Committee on Transportation submitted a favorable report on:

S. 547 -- Senator Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 15, TITLE 56 SO AS TO PROVIDE REQUIREMENTS FOR WHOLESALE MOTOR VEHICLE AUCTIONS AND FOR WHOLESALE MOTOR VEHICLE AUCTION LICENSE PLATES.

Ordered for consideration tomorrow.

Senator DRUMMOND from the Committee on Fish, Game and Forestry submitted a favorable report on:

S. 564 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 36 TO TITLE 48 SO AS TO PROVIDE FOR THE FOREST BEST MANAGEMENT PRACTICES ACT BY DEFINING TERMS AND SETTING FORTH REQUIREMENTS FOR THE COMMISSION OF FORESTRY.

Ordered for consideration tomorrow.

Senator DRUMMOND from the Committee on Fish, Game and Forestry submitted a favorable report on:

S. 596 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-18-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRODUCTION AND SALE OF HYBRID STRIPED BASS, SO AS TO FURTHER DEFINE THE PROCESS FOR PERMIT RENEWAL.

Ordered for consideration tomorrow.

Senator DRUMMOND from the Committee on Fish, Game and Forestry submitted a favorable report on:

H. 3199 -- Rep. Koon: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA COMMISSION ON SPORTING DOGS AND FIELD TRIALS TO ASSESS THE IMPACT ON THE STATE FOR DEVELOPING FIELD TRIAL FACILITIES AND TO DEVELOP A PLAN FOR THE FACILITIES; TO PROVIDE FOR THE MEMBERS OF THE COMMISSION AND AN ADVISORY COMMITTEE; TO


Printed Page 1022 . . . . . Thursday, March 16, 1995

AUTHORIZE CONSULTATION WITH PUBLIC AND PRIVATE AGENCIES AND ORGANIZATIONS; AND TO PROVIDE REPORTING REQUIREMENTS AND FOR TERMINATION OF THE COMMISSION JANUARY 1, 1997.

Ordered for consideration tomorrow.

Senator SETZLER from the Committee on Education submitted a favorable report on:

H. 3214 -- Rep. D. Smith: A BILL TO AMEND SECTION 59-47-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE PERSONS WHO ARE ELIGIBLE FOR SERVICES AT THE SCHOOL FOR THE DEAF AND BLIND, SO AS TO INCLUDE HARD OF HEARING AND VISUALLY IMPAIRED PERSONS.

Ordered for consideration tomorrow.

Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable report on:

H. 3452 -- Reps. Riser, Hines, Inabinett, Rhoad and Witherspoon: A BILL TO AMEND SECTION 47-4-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIVESTOCK-POULTRY HEALTH COMMISSION, SO AS TO REVISE THE PROVISIONS EXECUTED BY THE COMMISSION; TO AMEND SECTION 47-4-20, RELATING TO DEFINITIONS PERTAINING TO THE COMMISSION, SO AS TO REVISE THE DEFINITION OF "PUBLIC LIVESTOCK MARKET"; TO AMEND SECTION 47-4-50, RELATING TO DISEASES IMPACTING THE LIVESTOCK-POULTRY INDUSTRY, SO AS TO CLARIFY A REFERENCE TO FEDERAL REGULATIONS; TO AMEND SECTION 47-4-60, RELATING TO REQUIREMENTS FOR CERTIFICATES OF VETERINARY INSPECTION, SO AS TO CORRECT PUNCTUATION; TO AMEND SECTION 47-4-110, RELATING TO COMMISSION EMPLOYEES, SO AS TO REVISE THE MAXIMUM NUMBER OF LIVESTOCK LAW ENFORCEMENT OFFICERS; TO AMEND SECTION 47-4-130, RELATING TO PENALTIES FOR VIOLATIONS, SO AS TO INCREASE THE FINE; TO AMEND SECTION 47-11-140, AS AMENDED, RELATING TO VETERINARIANS SERVING AUCTION SALES AT PUBLIC LIVESTOCK MARKETS, SO AS TO REVISE THE REQUIREMENTS FOR PROVISION OF SERVICE BY VETERINARIANS; AND TO AMEND SECTION 47-13-30, AS AMENDED, RELATING TO


Printed Page 1023 . . . . . Thursday, March 16, 1995

PENALTIES FOR VIOLATIONS, SO AS TO CORRECT A REFERENCE IN THE 1976 CODE.

Ordered for consideration tomorrow.

Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable report on:

H. 3453 -- Reps. Riser, Hines, Inabinett, Rhoad and Witherspoon: A BILL TO AMEND SECTION 46-9-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES PERTAINING TO THE STATE CROP PEST COMMISSION, SO AS TO REVISE THE PENALTIES AND THE PROVISIONS TO WHICH THEY APPLY; AND TO AMEND SECTION 46-13-80, RELATING TO LICENSES UNDER THE PESTICIDE CONTROL ACT, SO AS TO REVISE THE RENEWAL DATE.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 3645 favorable:

H. 3645 -- Rep. J. Harris: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 19, 1995, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

Poll of the Invitations Committee on H. 3645

Ayes 7; Nays 0; Not Voting 3

AYES

Courson           Peeler           Wilson
Patterson Russell Passailaigue
Rose

TOTAL--7



Printed Page 1024 . . . . . Thursday, March 16, 1995

NAYS

TOTAL--0

NOT VOTING

Matthews Thomas O'Dell

TOTAL--3

Ordered for consideration tomorrow.

Invitations Accepted

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from Columbia Prayer Committee to attend a reception and address by Dr. William Lane Craig in the Lieutenant Governor's Board Room, State House on Thursday, March 23, 1995, from 8:00 until 9:00 A.M.

Poll of the Invitations Committee

Ayes 7; Nays 0; Not Voting 3

AYES

Courson           Peeler           Wilson
Patterson Stilwell Russell
Passailaigue

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Matthews Thomas O'Dell

TOTAL--3



Printed Page 1025 . . . . . Thursday, March 16, 1995

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the Society of the Plastics Industry, Inc./Am. Plastics Council to attend a reception at Stadium Place on Tuesday, March 28, 1995, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee

Ayes 7; Nays 0; Not Voting 3

AYES

Courson           Peeler           Wilson
Patterson Stilwell Russell
Passailaigue

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Matthews Thomas O'Dell

TOTAL--3

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. State Prayer Breakfast to attend a breakfast at the Embassy Suites Hotel on Wednesday, March 29, 1995, at 7:30 A.M.

Poll of the Invitations Committee

Ayes 7; Nays 0; Not Voting 3

AYES

Courson           Peeler           Wilson
Patterson Stilwell Russell
Passailaigue

TOTAL--7



Printed Page 1026 . . . . . Thursday, March 16, 1995

NAYS

TOTAL--0

NOT VOTING

Matthews Thomas O'Dell

TOTAL--3

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from Young Bankers Division of the S.C. Bankers Assn. to attend an oyster roast at Sterling Garden Center (320 Senate St.) on Wednesday, March 29, 1995, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee

Ayes 7; Nays 0; Not Voting 3

AYES

Courson           Peeler           Wilson
Patterson Stilwell Russell
Passailaigue

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Matthews Thomas O'Dell

TOTAL--3

CONCURRENCE

S. 638 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON TUESDAY, MARCH 21, 1995, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT WHOSE UNEXPIRED TERM EXPIRES JULY 31, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS,


Printed Page 1027 . . . . . Thursday, March 16, 1995

SEAT 3, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TWELFTH JUDICIAL CIRCUIT WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 5, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SEVENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995.

The House returned the Resolution with amendments.

On motion of Senator McCONNELL, the Senate concurred in the House amendments and a message was sent to the House accordingly.

HOUSE CONCURRENCE

S. 445 -- Senators O'Dell and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SECTION OF HIGHWAY 76-178 FROM BELTON TO HONEA PATH IN ANDERSON COUNTY IN HONOR OF ERNEST A. BURRISS.

Returned with concurrence.

Received as information.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.


Printed Page 1028 . . . . . Thursday, March 16, 1995

AMENDED, READ THE THIRD TIME

RETURNED TO THE HOUSE

H. 3534 -- Reps. Wilkins, Tripp, Knotts, Whatley, Harrell, Wofford, A. Young, Hutson, Sandifer, Walker, Littlejohn, Herdklotz, Jaskwhich, Meacham, Fleming, Cain, Kelley, Simrill, Law, Mason, Jennings, Kennedy, Cato, Rice, Klauber, Stuart, Gamble, J. Young, Cotty, Shissias, Haskins, Harrison, Riser, Huff, Robinson, Marchbanks, H. Brown, Witherspoon, Baxley, Lanford, Waldrop and Easterday: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTER 10 ENACTING THE ENTERPRISE ZONE ACT OF 1995 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF ENTERPRISE ZONES IN WHICH VARIOUS TAX INCENTIVES MAY APPLY FOR BUSINESSES, TO PROVIDE THE CRITERIA FOR AREAS TO QUALIFY AS ENTERPRISE ZONES, TO PROVIDE THAT BUSINESSES QUALIFY FOR ENTERPRISE ZONE INCENTIVES BY MEANS OF ENTERING INTO A REVITALIZATION AGREEMENT WITH THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, TO PROVIDE INCENTIVES, DEPENDING ON ELIGIBILITY, THAT INCLUDE THE MAXIMUM CREDIT ALLOWED UNDER THE TARGETED JOBS TAX CREDIT AND AN ADDITIONAL CREDIT FOR EMPLOYEES FORMERLY RECEIVING AFDC, FEE IN LIEU OF TAXES FOR PROPERTY TAXES, RETAINING AN AMOUNT OF EMPLOYEE WAGES NOT TO EXCEED FIVE PERCENT FOR FIFTEEN YEARS FOR DEVELOPMENT EXPENSES AND ALLOWING INDIVIDUAL INCOME TAX CREDITS FOR EMPLOYEES AND WITHHOLDING TAX CREDITS FOR EMPLOYERS AND EMPLOYEES EQUAL TO THE RETAINED AMOUNT, AND TO PROVIDE THE CRITERIA FOR SELECTING OF QUALIFYING BUSINESSES AND PROJECTS.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Amendment No. 1

Senator LEATHERMAN proposed the following Amendment No. 1 (JIC\5642HTC.95), which was adopted:

Amend the amendment offered by Senator Passailaigue, dated March 14, 1995, Doc. No. (JIC\5625HTC.95), designated Amendment Number 1, as and if amended, page 3, subsection (A) of Section 12-10-80 by adding at the end of subsection (A):


Printed Page 1029 . . . . . Thursday, March 16, 1995

/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 title to conform.

Senator PASSAILAIGUE explained the amendment.

Amendment No. 2

Senator PASSAILAIGUE proposed the following Amendment No. 2 (JIC\5625HTC.95), which was adopted:

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

/SECTION 1. Title 12 of the 1976 Code is amended by adding:

"CHAPTER 10

Enterprise Zone Act of 1995

Section 12-10-10. This chapter may be cited as the Enterprise Zone Act of 1995.

Section 12-10-20. The General Assembly finds:

(1) that the economic well-being of the citizens of the State will be enhanced by the increased development and growth of industry within the State, and that it is in the best interest of the State to induce the location or expansion of manufacturing, processing, distribution, warehousing, research and development, corporate offices, and certain tourism facilities within the State in order to promote the public purpose of creating new jobs within the State;

(2) that the inducement provided in this chapter will encourage the creation of jobs which would not otherwise exist and will create sources of tax revenues for the State and its political subdivisions;

(3) the powers to be granted to the Advisory Coordinating Council for Economic Development by this chapter and the purposes to be accomplished are proper governmental and public purposes and that the inducement of the location or expansion of manufacturing, processing, distribution, warehousing, research and development, corporate offices, and certain tourism facilities within the State is of paramount importance.

Section 12-10-30. As used in this chapter:

(1) `Council' means the Advisory Coordinating Council for Economic Development.

(2) `Department' means the South Carolina Department of Revenue and Taxation.


| Printed Page 1010, Mar. 16 | Printed Page 1030, Mar. 16 |

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