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| Printed Page 3400, May 29
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Printed Page 3380, May 29
| Printed Page 3400, May 29
| The amendment was adopted.
Senator LEVENTIS proposed the following Amendment No. 12 (4706R028.PPL), which was adopted:
Amend the bill, as and if amended, by adding a new section to be appropriately numbered to read as follows:
/SECTION _____. Whenever the Governor or a cabinet director or an employee of an executive agency with the authority to act on behalf of the director of the agency promises, offers, or commits to an economic incentive which is, at the time of the promise, offer, or commitment, not statutorily authorized, then, the person making the promise, offer, or commitment must immediately report such promise, offer, or commitment to the Chairmen of the Senate Finance Committee and the House Ways and Means Committee./
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the amendment.
Senator LEVENTIS moved that the amendment be adopted.
The amendment was adopted.
Senator ELLIOTT proposed the following Amendment No. 13 (4706R027.DE), which was tabled:
Amend the bill, as and if amended, page 42, after line 23, by striking item 12 and inserting in lieu thereof the following:
/(12) `Tourism facility' means an establishment used for a theme park; amusement park; historical, educational, or trade museum; botanical garden; cultural center; theater; motion picture production studio; convention center; arena; auditorium; hotels; motels; condominiums; or a spectator or participatory sports facility; and similar establishments where entertainment, education, or recreation is provided to the general public. Tourism facility also includes new hotel and motel construction, except that to qualify for the credits allowed by this section and regardless of the county in which the facility is located, the number of new jobs that must be created by the new hotel or motel is twenty or more. It does not
include that portion of an establishment where retail merchandise or retail services are sold directly to retail customers./
Renumber sections to conform.
Amend title to conform.
Senator ELLIOTT explained the amendment.
Senator DRUMMOND argued contra to the adoption of the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
Senators LANDER and SALEEBY desired to be recorded as voting in favor of the third reading of H. 4706, the Rural Development Bill.
Senator DRUMMOND, with unanimous consent, spoke on the Bill.
H. 4825 -- Rep. Boan: A BILL TO AMEND SECTION 12-28-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON GASOLINE AND DIESEL FUEL, SO AS TO PROVIDE THAT THE LICENSE TAX IMPOSED BY THIS SECTION IS IN LIEU OF ALL SALES, USE, OR OTHER EXCISE TAX WHICH MAY OTHERWISE BE IMPOSED BY ANY MUNICIPALITY, COUNTY, OR OTHER LOCAL POLITICAL SUBDIVISION; AND TO AMEND SECTION 12-28-2520, RELATING TO THE TAX ON MOTOR FUELS, REPORTS AND BOND REQUIREMENTS, AND OIL COMPANY BOND EXEMPTION BASED ON STATEMENT OF ASSETS AND LIABILITIES, SO AS TO PROVIDE THAT "A MOTOR FUEL LICENSEE", RATHER THAN "AN OIL COMPANY", MAY FURNISH A STATEMENT OF ASSETS AND LIABILITIES AND THAT IF IN THE JUDGMENT OF THE ADMINISTERING AGENCY, THE PROPERTY OWNED BY THE "MOTOR FUEL LICENSEE", RATHER THAN "THE OIL COMPANY", IS SUFFICIENT TO PROTECT THE STATE IN THE PAYMENT OF ALL "MOTOR FUEL TAXES", RATHER THAN "GASOLINE TAXES", DUE, A BOND IS NOT REQUIRED; AND TO REPEAL SECTION 12-28-2510, RELATING TO
THE TAX ON MOTOR FUELS AND THE ANNUAL REPORTING REQUIREMENT OF GALLONS SOLD THROUGH RETAIL OUTLETS. (ABBREVIATED TITLE)
Senator ROSE asked unanimous consent to take up the Bill for immediate consideration.
There was no objection.
The Senate resumed consideration of the Bill. The question being the adoption of Amendment No. 2 (4825R006.DLT), previously proposed by Senators THOMAS and ROSE.
On motion of Senator ROSE, with unanimous consent, Amendment No. 2 was withdrawn.
The Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
Senator PEELER asked unanimous consent to make a motion that the Senate take up for consideration the Messages in the Box.
Senator BRYAN objected.
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.
Senator SETZLER asked unanimous consent to make a motion to make the Bill a Special Order.
Senator PATTERSON objected.
Senator COURSON from the Committee on Invitations polled out H. 5067 favorable:
H. 5067 -- Reps. Govan, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION TO DECLARE JUNE 1, 1996, AS "STAND FOR CHILDREN DAY" IN SOUTH CAROLINA, TO ENCOURAGE THE CITIZENS OF SOUTH CAROLINA TO PARTICIPATE IN NATIONAL AND LOCAL EVENTS COMMEMORATING THIS DAY AND TO MAKE A PERSONAL COMMITMENT IN THEIR LIVES TO IMPROVE THE QUALITY OF LIFE FOR CHILDREN IN SOUTH CAROLINA, AND TO RECOGNIZE AND COMMEND ABBIEGAIL HUGINE OF JACK & JILL OF ORANGEBURG AND STATE COORDINATOR FOR "STAND FOR CHILDREN" FOR SPEARHEADING THIS EFFORT IN SOUTH CAROLINA.
Courson Peeler Wilson Matthews Patterson Russell O'Dell Passailaigue McGill
Rose
Senators GLOVER and FORD proposed the following Amendment No. 1 (JUD5067.001), which was adopted:
Amend the resolution, as and if amended, page 2, by striking lines 1 and 2.
Amend the resolution further, as and if amended, page 2, by striking lines 12 through 27 and inserting therein the following:
/Whereas, Abbiegail Hugine of Jack & Jill of Orangeburg, Lele Severance of Youth Service Charleston, Cassie Barber of the Alliance for South Carolina's Children of Columbia, James Young of Children's Defense Fund Marlboro County Project of Bennettsville, and the Darlington County CAA Head Start, Early Childhood Family Learning Team of Fort Inn, Foothills United Way of Anderson, Junior League of Spartanburg, Pee Dee CAA Head Start of Florence, South Carolina Association for the Education of Young Children of Aiken, South Carolina Fair Share, South Carolina United Methodist Council of Church and Society, Southeastern Association of Community Action Agencies, Women's Missionary Society AME Seventh District of Columbia, Women's Missionary Society of South Carolina of John's Island, YWCA of Greenville, and York County Alliance for Children are to be commended for their tireless efforts to coordinate "Stand For Children" and their dedication and commitment to improving the lives of children in South Carolina. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That, by this resolution, the General Assembly declares June 1, 1996, as "Stand For Children Day" in South Carolina, encourages the citizens of South Carolina to participate in national and local events commemorating this day and to make a personal commitment in their lives to improve the quality of life for children in South Carolina, and recognizes and commends Abbiegail Hugine of Jack & Jill of Orangeburg, Lele Severance of Youth Service Charleston, Cassie Barber of the Alliance for South Carolina's Children of Columbia, James Young of Children's
Defense Fund Marlboro County Project of Bennettsville, and the Darlington County CAA Head Start, Early Childhood Family Learning Team of Fort Inn, Foothills United Way of Anderson, Junior League of Spartanburg, Pee Dee CAA Head Start of Florence, South Carolina Association for the Education of Young Children of Aiken, South Carolina Fair Share, South Carolina United Methodist Council of Church and Society, Southeastern Association of Community Action Agencies, Women's Missionary Society AME Seventh District of Columbia, Women's Missionary Society of South Carolina of John's Island, YWCA of Greenville, and York County Alliance for Children for spearheading this effort in South Carolina./
Amend the resolution, as and if amended, page 2, by striking lines 29 and 30.
Amend title to conform.
Senator COURSON explained the amendment.
The amendment was adopted.
Senator BOAN proposed the following Amendment No. 2 (JUD5067.002), which was adopted:
Amend the resolution, as and if amended, page 2, line 12, by adding the following to the WHEREAS clause preceding the "Be it resolved" language:
/Maria Taylor and Rhonda Corley, Co-Chairs of Stand for Children - Greenville, and Doris Ballard, Carol Weatherford, and the Rev. C. Cotton, Committee Members of Stand for Children - Greenville, and South Carolina Early Childhood Association (SCECA), Southern Early Childhood Association (SECA), District V of South Carolina Early Childhood Association, Foothills Chapter of National Association for Children (NAEYC), Elementary School Principals Association - Greenville Chapter, J.L. Hammetts/Hoover Bros., Save Our Sons, Junior League of Greenville, Family Learning Team, Tonya Weiner, Vik Pearce, Golden Strip Career Center, Overbrook Child Development Center, Carol Weatherford, James Shriner, Daughters of Penelope (St. George Church of Greenville), Delta Kappa Gamma of Greenville, Linda Brees Consulting, Greek Orthodox Youth Association, Doris Blazer, Oakview PTA, Alpha Delta Kappa Beta, and Sara Mansbach are to be commended for their tireless efforts to coordinate "Stand For Children" and their
dedication and commitment to improving the lives of children in South Carolina. Now, therefore,/
Amend the resolution further, as and if amended, page 2, line 26, by adding the following to the list of those to be recognized and commended:
/Maria Taylor and Rhonda Corley, Co-Chairs of Stand for Children - Greenville, and Doris Ballard, Carol Weatherford, and the Rev. C. Cotton, Committee Members of Stand for Children - Greenville, and South Carolina Early Childhood Association (SCECA), Southern Early Childhood Association (SECA), District V of South Carolina Early Childhood Association, Foothills Chapter of National Association for Children (NAEYC), Elementary School Principals Association - Greenville Chapter, J.L. Hammetts/Hoover Bros., Save Our Sons, Junior League of Greenville, Family Learning Team, Tonya Weiner, Vik Pearce, Golden Strip Career Center, Overbrook Child Development Center, Carol Weatherford, James Shriner, Daughters of Penelope (St. George Church of Greenville), Delta Kappa Gamma of Greenville, Linda Brees Consulting, Greek Orthodox Youth Association, Doris Blazer, Oakview PTA, Alpha Delta Kappa Beta, and Sara Mansbach for spearheading this effort in South Carolina./
Amend title to conform.
Senator COURSON explained the amendment.
The amendment was adopted.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House with amendments.
At 6:47 P.M., Senator MOORE asked unanimous consent to make a motion that the Senate stand in recess not to exceed fifteen minutes.
Senator PEELER objected.
H. 4704 -- Reps. McElveen, J. Young, Harvin, Neal, Canty and G. Brown: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 108 SO AS TO ESTABLISH THE MID-CAROLINA COMMISSION FOR HIGHER EDUCATION AND PROVIDE FOR THE MEMBERSHIP, FUNCTIONS, DUTIES, AND
POWERS OF THE COMMISSION, TO DEVOLVE THE POWERS AND DUTIES OF THE SUMTER COUNTY COMMISSION FOR HIGHER EDUCATION UPON THE COMMISSION; AND TO REPEAL ACT 50 OF 1965 AND ACT 822 OF 1973 RELATING TO THE SUMTER COUNTY COMMISSION FOR HIGHER EDUCATION.
Senator LEVENTIS asked unanimous consent to make a motion to recall the Bill from the Committee on Education.
There was no objection.
On motion of Senator LEVENTIS, with unanimous consent, the Bill was ordered placed on the Calendar.
THE SENATE RESUMED CONSIDERATION OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.
H. 3544 -- Rep. McTeer: A BILL TO AMEND SECTION 59-39-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE HIGH SCHOOL DIPLOMAS AND THE UNITS REQUIRED FOR GRADUATION, SO AS TO PROVIDE THAT BEGINNING WITH THE 1998-99 SCHOOL YEAR, A MINIMUM OF FOUR UNITS IN MATHEMATICS RATHER THAN THREE AND A MINIMUM OF THREE UNITS IN SCIENCE RATHER THAN TWO, MUST BE EARNED.
The Senate resumed consideration of the Bill. The question being the adoption of Amendment No. 4 (22421JM.96) proposed by Senator GIESE and previously printed in the Journal of March 28, 1996.
On motion of Senator MOORE, the Bill was carried over.
At 6:55 P.M., the PRESIDENT assumed the Chair.
S. 1168 -- Senator Martin: A BILL TO AMEND SECTION 40-57-155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTINUING EDUCATION FOR REAL ESTATE AGENTS, SO AS TO PROVIDE SIXTEEN HOURS OF MANDATORY CONTINUING EDUCATION FOR REAL ESTATE LICENSEES.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator MARTIN, the Bill was recommitted to the Committee on Labor, Commerce and Industry.
S. 962 -- Senators Giese, Hayes and Bryan: A BILL TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLES, BY ADDING ARTICLE 28 SO AS TO ENACT THE CHILD BICYCLE SAFETY ACT AND TO REQUIRE CHILDREN TO USE BICYCLE HELMETS WHEN THEY ARE BICYCLE OPERATORS OR PASSENGERS, TO PROVIDE PENALTIES, AND TO ESTABLISH THE "BICYCLE SAFETY FUND" FOR USE IN PROVIDING BICYCLE SAFETY PROGRAMS AND ASSISTING LOW INCOME FAMILIES IN PURCHASING HELMETS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Transportation.
The Transportation Committee proposed the following amendment (PFM\7988AC.96), which was adopted as follows:
Amend the bill, as and if amended, by deleting Section 56-5-3560 and inserting:
/Section 56-5-3560. With regard to a bicycle used on a public roadway, public bicycle path, or other public right-of-way, it is unlawful for a parent or legal guardian of a child below the age of sixteen knowingly to allow the child to:
(1) operate or be a passenger on a bicycle unless a protective bicycle helmet of good fit is fastened securely upon the child's head with straps of the helmet;
(2) be a passenger on a bicycle unless:
(a) the child is able to maintain an erect, seated position on the bicycle;
(b) except as provided in subitem (c), the child is properly seated alone on a saddle seat, as on a tandem bicycle; and
(c) with respect to a child who weighs fewer than forty pounds or is less than forty inches in height, the child can be and is properly
seated in and adequately secured to a restraining seat or a trailer towed by the bicycle./
Amend further, page 3, by deleting Section 56-5-3570 and inserting:
/Section 56-5-3570. A violation of this article does not constitute negligence per se and is not admissible as evidence in a civil action for purposes of comparative negligence or for any other purpose.
Section 56-5-3575. The Department of Public Safety shall promulgate regulations necessary to carry out this article./
Renumber sections to conform.
Amend title to conform.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.
S. 1365 -- Senators Land, Saleeby, Leatherman and Rankin: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE BY ADDING CHAPTER 42 SO AS TO ESTABLISH THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK ACT AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO AUTHORIZE THE BANK TO PROVIDE LOANS AND OTHER FINANCIAL ASSISTANCE TO GOVERNMENT UNITS AND PRIVATE ENTITIES TO FINANCE PUBLIC HIGHWAY AND TRANSIT PROJECTS; TO AUTHORIZE THE DEPARTMENT OF TRANSPORTATION TO FUND THE BANK WITH UP TO FIVE PERCENT OF FUNDS APPROPRIATED FOR THE CONSTRUCTION AND MAINTENANCE OF STATE HIGHWAYS TO ALLOW FEDERAL GRANTS, LOAN REPAYMENTS, AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE BANK; AND TO AUTHORIZE LENDING TO AND BORROWING BY GOVERNMENT UNITS AND PRIVATE ENTITIES THROUGH THE BANK.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator RYBERG, the Bill was carried over.
H. 3203 -- Rep. Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-45 SO
AS TO PROVIDE THAT ANY PERSON ELECTED TO A SCHOOL DISTRICT BOARD OF TRUSTEES OR APPOINTED OR ELECTED TO A COUNTY BOARD OF EDUCATION AFTER JULY 1, 1995, WHO PREVIOUSLY HAS NOT SERVED IN SUCH OFFICE, SHALL SUCCESSFULLY COMPLETE AN ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL REIMBURSE LOCAL SCHOOL DISTRICTS AND BOARDS OF EDUCATION FOR THE COST OF THESE ORIENTATIONS UP TO A MAXIMUM AMOUNT PER YEAR.
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