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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.

On motion of Senator LEVENTIS, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

S. 375 -- Senators Jackson and Courtney: A BILL TO AMEND SECTION 53-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNTY ACCOMMODATION TAX EXEMPTION FROM THE SUNDAY WORK LAWS, SO AS TO PROVIDE THAT A COUNTY MUST COLLECT THE REQUISITE REVENUE IN ONE YEAR AND TO PROVIDE THAT AFTER A COUNTY INITIALLY QUALIFIES, THIS EXEMPTION IS PERMANENT; AND TO PROVIDE A REFERENDUM TO BE HELD STATEWIDE AT THE TIME OF THE 1996 GENERAL ELECTION ON THE QUESTION OF WHETHER SUNDAY WORK SHALL CONTINUE TO BE PROHIBITED, SUBJECT TO AN EMPLOYEE'S RIGHT TO ELECT NOT TO WORK ON SUNDAY, WITH RESULTS TO BE DETERMINED ON A COUNTY-BY-COUNTY BASIS AND THE PROHIBITION EXPIRING JANUARY 1, 1997, IN A COUNTY WITH A MAJORITY "NO" VOTE.

Senator COURTNEY moved that the Bill be made a Special Order.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander         Cork             Courtney

Elliott           Ford             Glover

Jackson           Land             Leventis

Martin            McConnell        Mescher

Moore             Passailaigue     Patterson

Peeler            Rankin           Reese

Rose              Russell          Ryberg

Saleeby           Short            Stilwell

Washington        Williams

Bryan             Courson          Giese

Gregory           Hayes            Lander

Leatherman        McGill           O'Dell



Printed Page 822 . . . . . Wednesday, March 8,
1995

Richter            SetzlerSmith, J.V.

Thomas            Wilson

Not having received the necessary vote, the motion to make the Bill a Special Order failed.

On motion of Senator SETZLER, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION.

Senator SETZLER spoke on the Bill.

On motion of Senator DRUMMOND, with unanimous consent, Amendment No. 1 was withdrawn.

Senator DRUMMOND proposed the following Amendment No. 2 (EDUC\365.3), which was adopted:

Amend the bill, as and if amended, Section 59-103-10, on page 1, line 40, by striking /to serve as an advocate and/.

Amend the bill further, as and if amended, on page 1, line 42 by inserting after / institutions,/ the following:

/serve as an advisor to the Governor and the General Assembly, and advocate the interests of students attending institutions of higher learning,/.

Renumber sections to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senator GIESE proposed the following Amendment No. 3 (PFM\7275BDW.95), which was tabled:

Amend the bill, as and if amended, by striking Section 59-103-10(2), page 3, beginning on line 2, and inserting:

/(2) Three members to serve ex officio to represent the public colleges and universities. The trustees of the following public senior research institutions shall nominate one noninstitutionally-affiliated individual for consideration by the Governor for appointment: Medical University of South Carolina, Clemson University, and University of South Carolina. The trustees of the following four-year public institutions of higher learning shall nominate one noninstitutionally-affiliated individual for consideration by the Governor for appointment: Francis Marion University, Coastal Carolina University, Lander University, Winthrop University, The Citadel, South Carolina State University, College of

Amend title to conform.

Senator GIESE argued in favor of the adoption of the amendment and Senator BRYAN argued contra.

Senator BRYAN moved to lay the amendment on the table.

The amendment was laid on the table.

Senator BRYAN proposed the following Amendment No. 4 (365R001.JEB), which was adopted:

Amend the bill, as and if amended, page 3, line 3, after the word /universities./ and before the word /One/, by adding the following:

/It shall not be a conflict of interest for any voting ex officio member to vote on matters pertaining to their individual college or university./

Amend title to conform.

Senator BRYAN explained the amendment.

Senator BRYAN moved that the amendment be adopted.

The amendment was adopted.

There being no further amendments, the question then was the third reading of the Bill.

Senator THOMAS spoke on the Bill.

The Bill was read the third time, passed and ordered sent to the House of Representatives.

Senator THOMAS desired to be recorded as voting against the third reading of the Bill.

THE SENATE PROCEEDED TO THE SPECIAL ORDER.

S. 41 -- Senators Courson, Rose, Giese, Gregory, Wilson, Elliott and Richter: A BILL TO AMEND SECTION 17-25-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LIFE SENTENCE FOR A PERSON WHO HAS THREE CONVICTIONS FOR CERTAIN CRIMES, SO AS TO PROVIDE FOR A MANDATORY SENTENCE OF LIFE IMPRISONMENT WITHOUT PAROLE UPON A THIRD CONVICTION OF A "MOST SERIOUS OFFENSE", TO DEFINE "MOST SERIOUS OFFENSE", AND TO PROVIDE FOR THE APPLICATION OF THIS SECTION.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 2 (JUD0041.008) proposed by Senator McCONNELL and previously printed in the Journal of Wednesday, March 1, 1995.

Senator COURSON spoke on the Bill.

With Senator COURSON retaining the floor, Senator HAYES asked unanimous consent to make a motion that the Senate stand adjourned.

Debate was interrupted by adjournment, Senator COURSON retaining the floor.

Having received a favorable report from the Orangeburg County Delegation, the following appointments were confirmed in open session:

Reappointments, Orangeburg County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

The Honorable John Cecil Moore, Jr., P.O. Box 321, North, S.C. 29112

The Honorable Vernetha G. Glenn, P.O. Box 675, Santee, S.C. 29142

Having received a favorable report from the Barnwell County Delegation, the following appointment was confirmed in open session:

Reappointment, Barnwell County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

The Honorable Alfred W. Flynn, P.O. Box 485, Williston, S.C. 29583

Reappointment, York County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

The Honorable Donald S. Tennyson, Sr., 1225 Twin Lakes Road, Rock Hill, S.C. 29732

At 12:30 P.M., on motion of Senator HAYES, the Senate adjourned to meet tomorrow at 11:00 A.M.

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear the New Revised Standard Version of The Gospel of St. John, Chapter 7 (vv.15,16):

"The Jews were astonished, saying

`How does this man have such learning,

when He has never been taught?'

Then Jesus answered, `My teaching is not

mine but His who sent me. Anyone who

resolves to do the will of God will

know whether the teaching is from God'!"
Let us pray.

O God, infinite and eternal and unchangeable, may Your Spirit brood over us, and be in each of us to quicken our minds and guide our judgments as we gather data on so many issues.

Guide us in the moral use of our powers. Teach us, good Lord, to serve You as Jesus served: to give and not to count the cost; to persevere and not to heed the wounds; to toil and not to seek for rest; to labor and not to ask for rewards, except the knowledge that we seek to do Your will in this place... and Yours will be the glory!

Amen.

At 11:07 A.M., on motion of Senator STILWELL, the Senate receded from business not to exceed five minutes.

At 11:15 A.M., the Senate resumed.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

March 3, 1995
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Initial Appointment, Board of Financial Institutions, with term to commence June 30, 1994, and to expire June 30, 1998:

Banker:

Mr. William S. Hummers, Carolina First Bank, P.O. Box 1029, Greenville, S.C. 29602 VICE Charles A. Laffitte, Jr.

Referred to the Committee on Banking and Insurance.

Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 1993, and to expire May 19, 1996:

3rd Congressional District:

Mr. Horace J. McGee, 145 Summers Way, Seneca, S.C. 29678 VICE Earline Gardner (as 3rd Congressional District member)

Referred to the General Committee.

March 6, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Reappointment, Insurance Commission, with term to commence June 30, 1992, and to expire June 30, 1998:

5th Congressional District:

Ms. Sara B. Ratcliff, 259 South Downs Way, Fort Mill, S.C. 29715 VICE Connie P. Morton (deceased)

Referred to the Committee on Banking and Insurance.

(R3) S. 334 -- Senators McGill, Glover and Leatherman: AN ACT TO AMEND ARTICLE 1, CHAPTER 31, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS LOCATED IN FLORENCE COUNTY, SO AS TO AUTHORIZE THE FORMER BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR ELEEMOSYNARY ORGANIZATION TO DISTRIBUTE THE REMAINING ASSETS OF THE ORGANIZATION AND TO PROVIDE THAT EFFECTIVE TWO YEARS AFTER THE EFFECTIVE DATE OF THIS ACT, IF SUCH DISTRIBUTION IS NOT ACCOMPLISHED WITHIN FIVE YEARS OF DISSOLUTION, THE REMAINING ASSETS ESCHEAT TO THE STATE.

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