Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 9:30 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, the Prophet Jeremiah also lived in unsettling times and declared to his people, Chapter 9 (23-24):
"These are the words of the Lord:
'Let not the wise man boast of his wisdom
nor the valiant of his valor;
Let not the rich man boast of his riches;
But if any man would boast, let him
boast of this, THAT HE UNDERSTANDS AND
KNOWS ME.
For I am the Lord, I show unfailing love,
I do justice and right upon the earth;
for on these I have set My heart.
This is the very word of the Lord'."
Let us pray.
Lord God, as we seek to define and implement our responsibilities in these halls, we pray for guidance beyond our own wisdom.
We pray for each other. We pray for all who have a part in fashioning the laws of our State and Nation. We pray for all who interpret the laws across this land. We pray for the custodians of the laws, and for those who, often at the risk of their own lives enforce the laws.
As we go to our tasks this day, teach us to be aware of the ripple effect of what we think and say and do this day.
We pray in the Name of Jeremiah's God and in the Spirit of Him who went about Galilee doing good.
Amen.
Senator COURTNEY asked unanimous consent to make a motion that Senators RUSSELL, MOORE, SALEEBY and McCONNELL be granted leave to attend a meeting of the Judicial Screening Committee, to be counted in any quorum calls, and if any roll call votes were taken, to be granted leave to vote from the balcony.
There was no objection and the motion was adopted.
Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator GIESE moved that a call of the Senate be made. The following Senators answered the call:
Alexander Bryan Cork Courtney Drummond Ford Giese Gregory Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher O'Dell Passailaigue Peeler Rankin Richter Rose Russell Ryberg Saleeby Setzler Smith, G. Smith, J.V. Stilwell Thomas Waldrep Washington Wilson
A quorum being present, the Senate resumed.
Senators COURSON, ELLIOTT, GLOVER, HAYES, HOLLAND, JACKSON, MOORE, PATTERSON, REESE and SHORT recorded their presence subsequent to the Call of the Senate.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following were introduced:
S. 818 -- Senator Matthews: A CONCURRENT RESOLUTION TO CONGRATULATE MAYOR ELONA CAROLYN DAVIS UPON WINNING THE PRESTIGIOUS GOVERNOR'S LEADERSHIP AWARD IN RECOGNITION OF HER OUTSTANDING LEADERSHIP QUALITIES AND EFFORTS IN SERVING THE PEOPLE AND COMMUNITY OF DENMARK.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 819 -- Senator Williams: A JOINT RESOLUTION TO PROVIDE THAT THE JOBS-ECONOMIC DEVELOPMENT AUTHORITY HAS UNTIL JUNE 30, 1995, TO RESPOND TO AN AUDIT CONDUCTED ON THE AUTHORITY BY THE LEGISLATIVE AUDIT COUNCIL.
Read the first time and referred to the Committee on Judiciary.
S. 820 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICIES AND PROCEDURES AND UNIT STANDARDS FOR TEACHER EDUCATION PROGRAM APPROVAL IN SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1835, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 821 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL-TO-WORK TRANSITION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1837, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
H. 4183 -- Rep. Cromer: A CONCURRENT RESOLUTION CONGRATULATING THE REVEREND MONSIGNOR CHARLES H. ROWLAND, PASTOR OF THE CATHOLIC CHURCH OF SAINT JOSEPH IN COLUMBIA, ON THE TWENTY-FIFTH ANNIVERSARY OF HIS ORDINATION TO THE PRIESTHOOD.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4184 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO DAVID WELLS, JR., OF ALCOLU FOR HIS EXEMPLARY SERVICE TO HIS COMMUNITY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3599 -- Rep. Richardson: A BILL TO AMEND SECTION 42-1-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF CASUAL EMPLOYEES AND CERTAIN OTHER EMPLOYMENTS FROM TITLE 42, WORKERS' COMPENSATION, SO AS TO ADD TO THE LIST OF SUCH EXEMPTIONS EMPLOYEES COVERED BY THE LONGSHORE & HARBOR WORKERS' COMPENSATION ACT.
Read the first time and referred to the Committee on Judiciary.
H. 3608 -- Reps. Govan, Beatty, Moody-Lawrence and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-485 SO AS TO PROVIDE A PROCEDURE FOR DESIGNATING CERTAIN MOTOR VEHICLES AS "WRECKAGE" OR "SALVAGE" IN A MANNER WHICH SUFFICES TO INFORM THE TRANSFEREE OF SUCH A VEHICLE OF THE VEHICLE'S TRUE CONDITION.
Read the first time and referred to the Committee on Transportation.
H. 3694 -- Reps. Wright, Allison, Bailey, Byrd, Cooper, Fulmer, Harrell, J. Harris, Hodges, Keegan, Kelley, Knotts, Koon, Lanford, Limehouse, Mason, McMahand, Meacham, Phillips, Sharpe, Shissias, Stuart, Townsend, Walker, Wilder, Wofford, Kennedy, Cain and Stille: A BILL TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR AND ENFORCEMENT OF VIOLATIONS OF THE MANDATORY USE OF SEAT BELTS PROVISION, SO AS TO DELETE THE PROVISION THAT BOTH REQUIRES A VIOLATION NOT TO CONSTITUTE NEGLIGENCE PER SE OR CONTRIBUTORY NEGLIGENCE AND NOT BE ADMISSIBLE AS EVIDENCE IN A CIVIL ACTION.
Read the first time and referred to the Committee on Judiciary.
H. 3710 -- Reps. Keyserling, Richardson, Seithel, L. Whipper, Whatley and Jaskwhich: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED MANUFACTURING MACHINERY TO MACHINERY USED FOR RECYCLING AND TO DEFINE "RECYCLING".
Read the first time and referred to the Committee on Finance.
H. 3237 -- Reps. Jennings and Baxley: A BILL TO AMEND SECTION 14-1-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIRED JUDGES OR JUSTICES BEING ASSIGNED BY THE CHIEF JUSTICE TO PRESIDE IN CERTAIN COURTS, SO AS TO PROVIDE THAT NO FURTHER SCREENING OF ANY JUDGE, RATHER THAN JUST JUDGES OF THE SUPREME COURT AND COURT OF APPEALS BEING ASSIGNED TO SIT ON SUCH COURTS, IS REQUIRED UNTIL THE TERM OF THAT JUDGE WOULD HAVE EXPIRED IF HE RETIRED BEFORE THE EXPIRATION OF HIS THEN CURRENT TERM.
Read the first time and referred to the Committee on Judiciary.
H. 3416 -- Reps. L. Whipper, Harrell, S. Whipper, Witherspoon, Shissias, Lloyd, Breeland, Dantzler, Hutson and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-197 SO AS TO REQUIRE THE REPORTING OF CERTAIN FINANCIAL INFORMATION BY EACH MEDICAL SCHOOL RECEIVING AN APPROPRIATION FROM THE STATE.
Read the first time and referred to the Committee on Education.
H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 3473 -- Reps. J. Brown, White, Neilson and Breeland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-95 SO AS TO PROVIDE THAT ALL SCHOOL BUSES PURCHASED AFTER JUNE 30, 1996, MUST BE EQUIPPED WITH LAP OR SHOULDER HARNESS SAFETY BELTS; AND TO AMEND SECTION 56-5-6530, RELATING TO EXCEPTIONS FOR MANDATORY USE OF SEAT BELTS, SO AS TO EXCLUDE SCHOOL BUSES PURCHASED AFTER JUNE 30, 1996, FROM THE EXCEPTIONS.
Read the first time and referred to the Committee on Transportation.
H. 3779 -- Reps. Elliott, Knotts, Littlejohn, Cato, Simrill, Cain, Mason, Govan, Stuart, Delleney, Neilson, Stille, Tucker, Jennings, Hines, R. Smith, T. Brown, Wright and Riser: A BILL TO AMEND SECTION 40-57-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION FOR REAL ESTATE BROKERS AND SALES AGENTS, SO AS TO APPLY THE REQUIREMENTS TO REAL ESTATE PROPERTY MANAGERS, AND PROVIDE THAT, FOR PROPERTY MANAGERS, THE EIGHT HOURS MUST INCLUDE A MINIMUM OF TWO HOURS OF INSTRUCTION ON FEDERAL AND STATE LAWS AFFECTING PROPERTY MANAGERS AND THAT THE REMAINING HOURS MUST INCLUDE PROPERTY MANAGEMENT RELATED COURSES.
Read the first time and referred to the Committee on Banking and Insurance.
H. 3870 -- Rep. Walker: A BILL TO AMEND SECTION 38-71-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES AND PROVISIONS LIMITING COVERAGE FOR PREEXISTING CONDITIONS, SO AS TO PROVIDE THAT POLICIES OF DISABILITY INCOME INSURANCE MAY EXCLUDE COVERAGE FOR DISABILITIES BEGINNING DURING THE FIRST TWENTY-FOUR MONTHS AFTER THE EFFECTIVE DATE OF COVERAGE WHICH RESULT FROM A PREEXISTING CONDITION.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4037 -- Rep. Boan: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO ADD FORMER COUNTY COUNCIL MEMBERS WHO SERVED AT LEAST TWELVE YEARS ON COUNTY COUNCIL AND TO REQUIRE THESE MEMBERS TO PAY THE EMPLOYER AND EMPLOYEE CONTRIBUTIONS UNDER THE PLAN.
Read the first time and referred to the Committee on Finance.
H. 4042 -- Reps. Simrill and Elliott: A JOINT RESOLUTION TO PROVIDE FOR TEMPORARY QUALIFICATIONS AND FEES FOR LICENSURE AS A HOME INSPECTOR.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 4043 -- Reps. Simrill and Elliott: A JOINT RESOLUTION TO EXTEND THE EFFECTIVE DATE OF SECTIONS 3 AND 4 OF ACT 463 OF 1994, RELATING TO HOME AND COMMERCIAL INSPECTORS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 4055 -- Rep. Cato: A BILL TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING ACT, SO AS TO DEFINE "MANUFACTURED HOME CONTRACTOR", "MANUFACTURED HOME INSTALLER", AND "MANUFACTURED HOME REPAIRER"; TO AMEND SECTION 40-29-30, RELATING TO THE MANUFACTURED HOUSING BOARD, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO TEN; TO AMEND SECTION 49-29-100, AS AMENDED, RELATING TO LICENSES TO SELL MANUFACTURED HOMES, SO AS TO ALSO REQUIRE A MANUFACTURED HOME CONTRACTOR, INSTALLER, AND REPAIRER TO BE LICENSED AND TO PROVIDE ADDITIONAL LICENSING REQUIREMENTS; TO AMEND SECTION 40-29-110, AS AMENDED, RELATING TO EXAMINATION REQUIREMENTS FOR LICENSURE, SO AS TO ALSO PROVIDE THAT A MANUFACTURED HOME CONTRACTOR, INSTALLER, OR REPAIRER MUST COMPLETE ANY TRAINING REQUIRED BY THE BOARD; TO AMEND SECTION 40-29-120, RELATING TO SURETY BOND REQUIREMENTS, SO AS TO PROVIDE BOND REQUIREMENTS FOR MANUFACTURED HOME CONTRACTORS, INSTALLERS, AND REPAIRERS; TO AMEND SECTION 40-29-130, RELATING TO REQUIREMENTS FOR INDEMNIFICATION FROM SECURITY, SO AS TO INCLUDE MANUFACTURED HOME CONTRACTORS, INSTALLERS, AND REPAIRERS IN THESE REQUIREMENTS; TO AMEND SECTION 40-29-150, RELATING TO GROUNDS FOR DISCIPLINE, SO AS TO ALSO APPLY STANDARDS TO MANUFACTURED HOME INSTALLATION, REPAIR, AND MODIFICATION; TO AMEND SECTION 40-29-160, AS AMENDED, RELATING TO PENALTIES, SO AS TO PROVIDE THAT AN ADMINISTRATIVE PENALTY MAY APPLY TO A PERSON ENGAGING IN ANY ACTIVITY FOR WHICH A LICENSE IS REQUIRED UNDER CHAPTER 29; AND TO AMEND SECTION 40-29-170, RELATING TO WARRANTY REQUIREMENTS, SO AS TO INCLUDE REQUIREMENTS FOR MANUFACTURED HOME CONTRACTORS, INSTALLERS, AND REPAIRERS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 4064 -- Rep. Cato: A BILL TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING ACT, SO AS TO DEFINE "MOBILE HOME" AND TO REVISE THE DEFINITION OF "MANUFACTURED HOME"; TO AMEND SECTION 40-29-40, RELATING TO STATE POLICY FOR SAFETY IN CONSTRUCTION OF MANUFACTURED HOMES, SO AS TO PROVIDE THAT THIS CHAPTER ALSO APPLIES TO MOBILE HOMES; AND TO AMEND SECTION 40-29-100, AS AMENDED, RELATING TO LICENSURE TO SELL MANUFACTURED HOMES, SO AS TO PROVIDE THAT GROUNDS FOR DENYING A LICENSE INCLUDE CRIMINAL CONDUCT AND VIOLATION OF CHAPTER 29, TITLE 40.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 4157 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION - REAL ESTATE APPRAISERS BOARD, RELATING TO LICENSING, CERTIFICATION, FEES, AND CONTINUING EDUCATION OF REAL ESTATE APPRAISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1766, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 4158 -- Ways and Means Committee: A BILL TO AMEND SECTIONS 12-4-710 AND 12-4-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE DEPARTMENT OF REVENUE AND TAXATION WITH RESPECT TO PROPERTY TAX EXEMPTIONS AND THE METHOD OF APPLYING FOR THE EXEMPTIONS, SO AS TO REVISE OR EXTEND THE TIME FOR FILING EXEMPTION APPLICATIONS AND ADD ADDITIONAL CATEGORIES OF EXEMPTIONS FOR WHICH NO APPLICATION IS REQUIRED; TO PROVIDE THAT LISTING A PROPERTY AS EXEMPT ON A PROPERTY TAX RETURN IS CONSIDERED AN APPLICATION; TO REQUIRE PROPERTY TAXPAYERS FILING PROPERTY TAX RETURNS TO CLAIM THE EXEMPTION ON THE RETURN FOR EACH YEAR THE PROPERTY IS EXEMPT; AND TO PROVIDE WHEN ADDITIONAL APPLICATIONS MUST BE FILED BY TAXPAYERS NOT REQUIRED TO FILE ANNUAL PROPERTY TAX RETURNS; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO CONFORM IT TO THE AMENDMENTS MADE BY THIS ACT AND TO EXTEND THE EXEMPTION FOR TWO PERSONAL MOTOR VEHICLES OF PERSONS REQUIRED TO USE WHEELCHAIRS TO INSTANCES WHEN THE OWNER IS ELIGIBLE FOR THE SPECIAL MOTOR VEHICLE LICENSE PLATE ALLOWED SUCH PERSONS.
Read the first time and referred to the Committee on Finance.
Senator WILLIAMS from the Committee on Judiciary polled out S. 560 favorable:
S. 560 -- Senator Alexander: A BILL TO AMEND SECTION 22-5-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED BY MUNICIPAL AUTHORITIES OR MAGISTRATES OF ANOTHER COUNTY, SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS OF A MUNICIPALITY, WITH THE ASSISTANCE OF LAW ENFORCEMENT OFFICIALS OF THE COUNTY IN WHICH THE MUNICIPALITY IS LOCATED, MAY SERVE A WARRANT ON A PERSON INCARCERATED IN THAT COUNTY'S JAIL OR DETENTION CENTER WHO IS CHARGED WITH A VIOLATION OF A MUNICIPAL ORDINANCE OR OTHER PROVISIONS OF LAW UNDER THE JURISDICTION OF THE MUNICIPALITY WITHOUT THE NECESSITY OF A MAGISTRATE OF THE COUNTY ENDORSING THE WARRANT.
AYES
Williams Holland Saleeby McConnell Bryan Wilson Moore Russell Rose Courtney Ford Gregory Jackson Lander Martin
NAYS
TOTAL--0
NOT VOTING
Stilwell Cork Glover
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:
S. 606 -- Senator Short: A BILL TO AMEND TITLE 59, CHAPTER 65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTENDANCE OF PUPILS, BY ADDING ARTICLE 7 SO AS TO ENACT THE SCHOOL HEALTH ACT OF 1995 SO AS TO REQUIRE PRE-SCHOOL HEALTH ASSESSMENTS AS A PREREQUISITE TO ATTENDING KINDERGARTEN OR FIRST GRADE AND TO PROVIDE EXCEPTIONS; AND TO AMEND TITLE 20, CHAPTER 7, RELATING TO THE CHILDREN'S CODE, BY ADDING ARTICLE 28 SO AS TO DIRECT EACH SCHOOL DISTRICT IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONVENE A SCHOOL HEALTH PLANNING COMMITTEE TO ASSESS THE HEALTH STATUS OF CHILDREN AND TO DEVELOP AND IMPLEMENT A SCHOOL-BASED HEALTH SERVICES PROGRAM TO COMPLEMENT EXISTING HEALTH CARE SERVICES TO BE PROVIDED FOR STUDENTS AT THE OPTION OF THE PARENTS AND TO PROVIDE FOR THE SERVICES TO BE PROVIDED, CONFIDENTIALITY OF RECORDS, AND BILLING AND PROGRAM REVIEW PROCEDURES.
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 3526 -- Reps. Jaskwhich, Herdklotz, Vaughn, Tripp, Cato, Easterday and Haskins: A BILL TO AMEND SECTION 50-11-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO INCLUDE ROLLING GREEN RETIREMENT COMMUNITY IN GREENVILLE COUNTY.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 771 -- Senators Holland and Williams: A BILL TO AMEND SECTION 7-11-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS, SO AS TO PROVIDE THAT ALL CANDIDATES, EXCEPT FOR PETITION CANDIDATES, MUST FILE THEIR STATEMENTS OF INTENTION OF CANDIDACY BETWEEN THE SIXTEENTH OF MARCH AND THE THIRTIETH OF MARCH, TO PROVIDE THAT CANDIDATES SEEKING NOMINATION FOR THE OFFICE OF STATE SENATE OR THE HOUSE OF REPRESENTATIVES MUST FILE THEIR STATEMENTS OF INTENTION OF CANDIDACY WITH THE COUNTY EXECUTIVE COMMITTEE OF THEIR RESPECTIVE PARTIES IN THEIR COUNTY OF RESIDENCE, WHICH MUST IN TURN TRANSMIT THESE STATEMENTS TO THE EXECUTIVE COMMITTEE OF THE STATE PARTY, AND TO DELETE PROVISIONS RELATING TO PETITION CANDIDATES; TO AMEND SECTION 7-11-210, RELATING TO NOTICE OF CANDIDACY AND PLEDGE, SO AS TO PROVIDE THAT ALL CANDIDATES UNDER THIS SECTION MUST SUBMIT A NOTICE OR PLEDGE NO LATER THAN THE THIRTIETH OF MARCH; TO AMEND SECTION 7-13-40, AS AMENDED, RELATING TO CERTIFICATION OF CANDIDATES, SO AS TO PROVIDE THAT CERTIFICATION OF THE NAMES OF CANDIDATES TO BE PLACED ON PRIMARY BALLOTS MUST BE MADE NOT LATER THAN TWELVE O'CLOCK NOON ON APRIL NINTH; AND TO AMEND SECTION 7-13-190, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES, SO AS TO PROVIDE THAT FILING FOR PETITION CANDIDATES MUST OPEN AT NOON ON THE ELEVENTH TUESDAY AFTER THE VACANCY OCCURS FOR A PERIOD TO CLOSE SEVEN DAYS LATER AT NOON.
S. 772 -- Senators Holland and Williams: A BILL TO AMEND SECTION 7-15-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECEIPT, TABULATION, AND REPORTING OF ABSENTEE BALLOTS, SO AS TO AUTHORIZE THE POLL MANAGERS TO BEGIN THE PROCESS OF REMOVING THE BALLOTS FROM THE ENVELOPES MARKED "BALLOT HEREIN" AFTER EXAMINING THE RETURN-ADDRESSED ENVELOPES AT 2:00 P.M., AND TO FURTHER PROVIDE THAT THE COUNTING, TABULATION, AND REPORTING OF THESE BALLOTS SHALL NOT BEGIN UNTIL THE POLLS HAVE CLOSED.
The following Bill having been read the second time was ordered placed on the third reading Calendar:
S. 611 -- Senators McConnell and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-197 SO AS TO REQUIRE THE REPORTING OF CERTAIN FINANCIAL INFORMATION BY EACH MEDICAL SCHOOL RECEIVING AN APPROPRIATION FROM THE STATE.
S. 817 -- Senators Courtney, Hayes, Elliott and Reese: A CONCURRENT RESOLUTION TO FIX THURSDAY, MAY 25, 1995, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR TO THE MEMBER OF THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEAT 3, SO AS TO FILL THE TERM WHICH EXPIRES JUNE 30, 1995.
The Concurrent Resolution was adopted, ordered sent to the House.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF H. 3362, THE GENERAL APPROPRIATION BILL.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator STILWELL proposed the following Amendment No. 65 (3362R205.HSS), which was ruled out of order:
Amend the bill, as and if amended, Part II, on page 601, after line 31, by adding a new section to read:
TO AMEND CHAPTER 1, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-1035 SO AS TO PROVIDE THAT NO STATE AGENCY, DEPARTMENT, OR INSTRUMENTALITY MAY CONTRACT OR RETAIN THE SERVICES OF AN ATTORNEY OR LAW FIRM WHO HAS REPRESENTED AN ADVERSE PARTY FOR INJUNCTIVE RELIEF OR IN A CIVIL ACTION AGAINST ANY STATE AGENCY, DEPARTMENT, OR INSTRUMENTALITY IN THE LAST THREE YEARS AND TO PROVIDE FOR EXCEPTIONS.
A. Chapter 1, Title 1 of the 1976 Code is amended by adding:
"Section 1-1-1035. No state agency, department, or instrumentality shall contract or retain for legal services any lawyer or law firm who has represented an adverse party for injunctive relief or in a civil action against any state agency, department, or instrumentality in the last three years. Exceptions may be granted by the Attorney General or the Budget and Control Board."/
Amend sections, totals and title to conform.
Senator STILWELL explained the amendment.
Senator LAND raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senator DRUMMOND spoke on the Bill.
On motion of Senator COURTNEY, at 10:10 A.M., Senator WILLIAMS was granted a leave of absence until 3:00 P.M.
Senator ROSE proposed the following Amendment No. 107 (3362R209.MTR), which was adopted:
Amend the bill, as and if amended, Part II, on page 601, after line 31, by adding a new section to read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 3, TITLE 24 SO AS TO PROVIDE FOR THE PRIVATE CORRECTIONS FACILITIES, PROGRAMS, AND SERVICES ACT ALLOWING A UNIT OF GOVERNMENT TO CONTRACT WITH THE PRIVATE SECTOR TO PERFORM SERVICES CURRENTLY PERFORMED BY A CORRECTIONS AGENCY OR DEPARTMENT.
A. Chapter 3, Title 24 of the 1976 Code is amended by adding:
Section 24-3-2400. This article may be cited as the Private Corrections Facilities, Programs, and Services Act.
Section 24-3-2410. As used in this article:
(1) 'Correctional facility, program, or service' means a facility, program, or service, including probation and parole, operated or provided by a nongovernmental agency which:
(a) may provide residential and nonresidential accommodations and services for offenders, juvenile delinquents, and detainees;
(b) provides programs and services to aid offenders, juvenile delinquents, and detainees in obtaining and holding regular employment, in enrolling in and maintaining academic courses, in participating in vocational training programs, in utilizing the resources of the community in meeting their personal and family needs, and in participating in specialized treatment programs that exist within the community; and
(c) provides supervision and surveillance of offenders, juvenile delinquents, and detainees.
(2) 'Detainee' means an adult or juvenile who is held in a correctional or detention facility pending trial or adjudication.
(3) 'Juvenile delinquent' means a juvenile who has been adjudicated a delinquent or a child in need of supervision by the family court.
(4) 'Nongovernmental agency' means a person or organization other than a unit of government or agency and includes private profit organizations.
(5) 'Offender' means an adult who has entered a plea of guilty or has been convicted of a felony or misdemeanor.
(6) 'Parole board' means the Board of Probation, Parole and Pardon Services.
(7) 'Unit of local government' means a county, city, or town.
Section 24-3-2420. (A) A unit of local government may utilize nongovernmental correctional facilities, programs, and services established pursuant to this article necessary to serve its own needs and those of its courts and its agencies and may enter into contracts or agreements with nongovernmental agencies for the placement or supervision of offenders, juvenile delinquents, and detainees in nongovernmental correctional facilities, programs, or services.
(B) Units of local government shall establish specific procedures for screening offenders, juvenile delinquents, or detainees who are placed in nongovernmental correctional facilities, programs, or services pursuant to this article.
(C) The unit of local government shall review, inspect, and evaluate all correctional facilities, programs, and services which are operated or provided by nongovernmental agencies within the county or unit of local government and which provide accommodation or services to offenders, juvenile delinquents, and detainees referred only by local government, its agencies, or its local courts.
(D) All correctional facilities, programs, and services operated or provided by nongovernmental agencies shall conform to the guidelines established pursuant to Section 24-3-2440.
(E) The establishment of a nongovernmental correctional facility, program, or service is subject to approval of the governing body of the county and the governing body of the city or town in which the proposed facility or the site of the program is to be located, or by the appropriate state authority, depending upon which governing body or agency the facility or service has been designed. Approval or denial of the establishment of the facility, program, or service must be made only after consultation with the Board of Probation, Parole and Pardon Services and other agencies having responsibility for offenders, juvenile delinquents, and detainees.
(F) In a county where the sheriff is the jailor, the county may not enter into a contract under this section without the sheriff's consent.
Section 24-3-2430. The Commissioner of the Department of Corrections or Department of Juvenile Justice, as appropriate, regularly shall review, monitor, inspect, and evaluate all correctional facilities, programs, and services operating within the State which are operated or provided by nongovernmental agencies except correctional facilities, programs, or services which provide services or accommodations only to offenders, juvenile delinquents, or detainees referred by units of local government.
Section 24-3-2440. (A) A contract for services entered into pursuant to this article must provide guidelines for the operation of the nongovernmental correctional facility or program and minimum standards for the services provided, including:
(1) requirements for strict accountability procedures and practices for the conduct and supervision of offenders, juvenile delinquents, and detainees, including requirements for twenty-four-hour supervision of offenders, juvenile delinquents, and detainees in residential programs;
(2) guidelines for periodic and unscheduled tests to determine the use of drugs by offenders, juvenile delinquents, and detainees; and
(3) standards regarding health, sanitation, and fire safety.
(B) Before entering into a contract with a nongovernmental agency, the Department of Corrections or the Department of Juvenile Justice shall submit the contract and proposed guidelines for the use of a facility, program, or service to the governing body of an affected unit of local government for its review and recommendations.
(C) The guidelines and standards required by this section must be developed pursuant to Section 24-3-2490.
Section 24-3-2450. (A) Subject to subsection (B), after an adjudication of guilty or delinquency, the sentencing court, as a condition of probation, may order that the delinquent or offender participate in a correctional program during all or a part of his term of probation, provided the court is authorized by law to order probation.
(B) Placement of an offender or juvenile delinquent in a nongovernmental correctional program under this section may be ordered by the court only if:
(1) the correctional program is operated by a nongovernmental agency which has entered into a contract as authorized in Sections 24-3-2440 or 24-3-2480; and
(2) funding for the placement is available.
(C) Before the placement of an offender or juvenile delinquent in a nongovernmental correctional program, the sentencing judge shall notify or cause to be notified the law enforcement agencies of affected units of local government concerning the identity of the offender to be placed.
(D) The probation officers for the judicial circuit are responsible for recommendations to the judge for the utilization of a nongovernmental correctional program which has been approved for use. The recommendations shall take into account the potential risk resulting from the placement of the offender into the nongovernmental correctional program, as well as the aptitude, attitude, social, and occupational skills of the offender.
(E) Where probation supervision is the responsibility of the courts in the State, the courts may contract, in accordance with state procurement law, with nongovernmental agencies to provide probation supervision services.
Section 24-3-2460. The chief probation or parole officer or officials of the state, county, or judicial district shall have general supervisory authority over all offenders, juvenile delinquents, and detainees placed in a correctional facility, program, or service under this article in accordance with their existing statutory responsibilities for offenders, juvenile delinquents, and detainees.
Section 24-3-2470. (A) Subject to subsection (B), the responsible state agency may place an offender, juvenile delinquent, or detainee in a correctional facility, program, or service under this article.
(B) A placement under this section may be made only if:
(1) the correctional facility, program, or service is operated under a contract with the State to provide residential care of offenders, juvenile delinquents, or detainees; and
(2) funding for the placement is available.
(C) Before the placement of an individual in a nongovernmental residential facility, the state agency having responsibility for the offender, juvenile delinquent, or detainee shall notify or cause to be notified the law enforcement agencies of affected units of local government concerning the identity of the transferal to be placed.
Section 24-3-2480. Subject to legislative appropriation, the State, in accordance with state procurement law, may contract under this article with nongovernmental agencies to operate correctional facilities and programs to provide correctional services for offenders, juvenile delinquents, and detainees.
Section 24-3-2490. (A) The Department of Corrections shall:
(1) establish minimum facility standards for correctional facilities operated by a nongovernmental agency receiving funds under this article;
(2) establish minimum standards for programs and services provided by a nongovernmental agency receiving funds under this article;
(3) prescribe accounting and reporting standards for all nongovernmental agencies operating correctional facilities or providing correctional programs or services under this article;
(4) establish a per diem rate to be paid program providers operating correctional facilities under this article which may not exceed the daily cost of providing the same programs or services at a state or juvenile institution; and
(5) promulgate regulations reasonably necessary to carry out the provisions of this article.
(B) The nongovernmental correctional facility, program, and service standards developed by the State shall take into consideration the standards of the American Correctional Association and other appropriate professional accreditation organizations. A nongovernmental correctional facility, program, or service must not be approved unless it complies with the most recent standards established by the American Correctional Association which are appropriate for the specific type of facility, program, or service.
Section 24-3-2500. (A) An offender, juvenile delinquent, or detainee is guilty of escape from official detention and, upon conviction, must be punished as provided by law if, without proper authorization, he:
(1) fails to remain within the extended limits of his confinement, or to return within the time prescribed to a nongovernmental correctional facility to which he was assigned or transferred; or
(2) being a participant in a program established under the provisions of this article, he leaves his place of employment or fails or neglects to return to a nongovernmental correctional facility within the time prescribed or when specifically ordered to do so.
Section 24-3-2510. The State shall submit an annual report to the legislature describing the number of nongovernmental correctional facilities, programs, and services that have been established pursuant to this article; the number of offenders, juvenile delinquents, and detainees assigned to those facilities, programs, or services; the extent to which offenders, juvenile delinquents, and detainees have received and benefitted from services related to their rehabilitation; and the rate of success as compared to offenders, juvenile delinquents, and detainees in government operated correctional facilities, programs, or services."/
Amend sections, totals and title to conform.
Senator ROSE argued in favor of the adoption of the amendment.
Senator THOMAS moved that the amendment be adopted.
The amendment was adopted.
Senator ROSE proposed the following Amendment No. 108A (3362R234.MTR), which was later tabled:
Amend the bill, as and if amended, Part II, on page 601, after line 31, by adding a new section to read:
TO AMEND SECTION 55-5-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES AND POWERS OF THE AERONAUTICS DIVISION OF THE DEPARTMENT OF COMMERCE, SO AS TO PROVIDE THAT THE DIVISION HAS AUTHORITY OVER ALL PASSENGER AIRCRAFT OWNED BY THE STATE OR ITS DEPARTMENTS AND AGENCIES; TO PROVIDE THAT THE DIVISION STUDY TO EXAMINE FEASIBILITY AND COST SAVINGS OF PROVIDING SHUTTLE FLIGHTS IN STATE AIRCRAFT TO FREQUENTLY TRAVELED DESTINATIONS AND REPORT TO THE GENERAL ASSEMBLY BY JANUARY 1, 1996; AND TO REQUIRE THE DIVISION TO SELL THREE STATE AIRCRAFT.
A. Section 55-5-70 of the 1976 Code, as last amended by Section 1289, Act 181 of 1993, is further amended to read:
"Section 55-5-70. The division shall foster air commerce within the State and the division shall have supervision over the aeronautical activities and facilities within the State. Such The authority shall include includes supervision and control over all aircraft owned, operated, and maintained by the State, its departments and agencies, airports, landing fields, landing strips, air instruction, air parking, air beacons, and all other air navigation facilities. Accordingly, the division may prescribe such reasonable rules and regulations as it may deem necessary and advisable for the public safety and for the promotion of aeronautics governing:
(1) state aircrafts;
(2) the designing, laying out, location, building, equipping, operation and use of all airports, landing fields, or landing strips.;
(3) The division may further prescribe such reasonable rules and regulations as it may deem necessary governing the curriculum, equipment, personnel, and operation, and management of all air instruction, for the purpose of protecting to protect the health and safety of students receiving or to receive such instruction and insuring, so far as may be, ensuring the public safety through the proper training and instruction of student aviators.;
(4) The division may further prescribe such reasonable rules and regulations as it may deem necessary and advisable for the public safety and the safety of those engaged in aeronautics and for the promotion of aeronautics governing the establishment, location, maintenance, and operation of all air markings, air beacons, and other air navigation facilities.; and
(5) The division may further prescribe such reasonable air traffic rules and regulations as it shall deem necessary for public safety and the safety of those engaged in aeronautics and for the promotion of aeronautics;. provided, however, that no rules or regulations
Regulations prescribed by the division under the authority of this section shall be must not be inconsistent with the then current federal legislation governing aeronautics and the regulations duly promulgated thereunder under federal law."
B. The Aeronautics Division shall conduct a study to examine the feasibility and potential cost savings of providing shuttle flights in state-owned aircraft to frequently traveled destinations. The division shall report its findings to the General Assembly through the House Ways and Means and Senate Finance Committees by January 1, 1996.
C. The Aeronautics Division shall reduce by three the number of state-owned aircraft immediately upon acquisition of jurisdiction over these aircraft as provided in Part A. of this section.
D. These provisions shall not apply to aircraft purchased, operated, and maintained by non-appropriated funds./
Amend sections, totals and title to conform.
Senator ROSE argued in favor of the adoption of the amendment.
Senator LEATHERMAN raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senators ROSE and LEATHERMAN spoke on the Point of Order.
The PRESIDENT took the Point of Order under advisement.
Senator J. VERNE SMITH proposed the following Amendment No. 109AA (DKA\3995AC.95), which was later adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND SECTION 44-69-30 OF THE 1976 CODE, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ENTER INTO PARTNERSHIPS AND OTHER AGREEMENTS FOR THE PURPOSE OF ASSURING CONTINUED PROVISION OF HOME CARE SERVICES ADEQUATE TO MEET THE STATE'S NEEDS, AND TO FURTHER PROVIDE FOR THE DEPARTMENT'S AUTHORITY AND RESPONSIBILITY WITH REGARD TO THESE PARTNERSHIPS AND AGREEMENTS.
Section 44-69-30 of the 1976 Code is amended by adding at the end:
"The department may enter into public and private joint partnerships or enter into other appropriate cooperative agreements or arrangements or negotiate and effect these partnerships and agreements to include the sale of the entity and/or the transfer of licenses held by the department or its subdivisions to other qualified providers, if appropriate, when doing so would result in continued high quality patient care, continued provision of services to indigent patients, assurance of the employment of the department's home health employees, and provision of home care services adequate to meet the needs of the State. The department may facilitate the negotiation, contracting, or transfer of these activities through licensure and without requirement of a Certificate of Need as set out in Section 44-69-75 and without regard to the Procurement Code, Section 11-35-10, et. seq. However, a sale of the entity is subject to the provisions of the Procurement Code.
At least thirty days before entering any negotiations regarding a contractual agreement or a public/private partnership concerning the provision of home health services, the department shall place a public notice in a newspaper of general circulation for a period of no less than three consecutive days within the area where the services will be performed.
The department may establish requirements and conditions upon those entities joined in partnership or receiving transfer of the home care services, licensing, and Certificate of Need including, but not limited to, transfer of employees, coverage of indigent patients, and payments or contributions to the department to continue the provision of basic public health services as determined by the department. All agreements must be reviewed and approved by the board of the department. The department may monitor and enforce the contract or partnership provisions and/or conditions of transfer or any other conditions or requirements of agreements entered into pursuant to this section.
All funds paid to or received by the department pursuant to this section must be deposited in an account separate and distinct from the general fund entitled the Public Health Fund (PHF). The funds deposited in this fund must be used solely by the department to support basic public health services determined to be necessary by the department. The appropriation of the funds must be through the General Appropriations Act.
Notwithstanding any of the provisions of this section, the department may continue to provide public health services in the clinic, the home, and the community necessary to ensure the protection and promotion of the public's health."/
Amend sections, totals and title to conform.
Senator J. VERNE SMITH explained the amendment.
Senator J. VERNE SMITH moved that the amendment be adopted.
Senator LEVENTIS raised a Point of Order that Amendment No. 109AA was out of order inasmuch as it was violative of Article 10, Section 11 of the South Carolina Constitution.
The PRESIDENT took the Point of Order under advisement.
Senator LEVENTIS proposed the following Amendment No. 112 (3362R113.PPL), which was later tabled:
Amend the bill, as and if amended, Part II, on page 601, after line 31, by adding a new section to read:
TO PROVIDE FOR A SPECIAL STATEWIDE REFERENDUM TO BE HELD IN NOVEMBER 1995 TO DETERMINE IF THE BARNWELL LOW-LEVEL NUCLEAR WASTE DISPOSAL FACILITY CLOSURE DATE SHOULD BE EXTENDED.
A. (1) The State Election Commission is directed to conduct a special statewide advisory referendum to be held the first Tuesday in November of 1995, to ascertain the wishes of the qualified electors of this State as to whether or not the Barnwell Low-level Nuclear Waste Disposal Facility should remain open after January 1st 1996 as a burial site for low-level radioactive waste from the states in the Southeast Interstate Low-level Radioactive Waste Management Compact. The State Election Commission must place the question contained in this Section on the special advisory referendum ballot and the state election laws shall apply to this referendum, mutatis mutandis. The State Election Commission shall expend such funds from authorized appropriations as are necessary for the purposes of holding the referendum. The State Election Commission shall publish the results of the referendum and certify the same to the Secretary of State.
(2) The question to be put before the voters in the special advisory referendum shall read as follows:
"Do you favor keeping the Barnwell low-level radioactive waste disposal facility open to the burial of low-level radioactive waste from the seven southeast states after January 1st 1996?
Yes___
No___
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
B. This Section takes effect upon approval by the Governor./
Amend sections, totals and title to conform.
Senator LEVENTIS argued in favor of the adoption of the amendment.
Senator BRYAN raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senators LEVENTIS and BRYAN spoke on the Point of Order.
The PRESIDENT took the Point of Order under advisement.
Senator REESE proposed the following Amendment No. 113 (JIC\5945HTC.95), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND SECTION 56-3-3710, AS AMENDED, OF THE 1976 CODE, RELATING TO SPECIAL COLLEGE OR UNIVERSITY AUTOMOBILE LICENSE PLATES, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO ISSUE SUCH PLATES FOR COLLEGES AND UNIVERSITIES LOCATED OUTSIDE THE STATE AND PROVIDE FOR THE DISTRIBUTION OF THE REVENUE OF THESE SPECIAL LICENSE PLATES.
Section 56-3-3710 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-3-3710. (A) The department may issue special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of five thousand pounds or less and a gross weight of eight thousand pounds or less registered in their names which may have imprinted on the plate any emblem, seal, or other symbol the department considers appropriate of a public college or university, or independent institution of higher learning defined in Section 59-113-50, located in within or without this State. A school may submit to the department for its approval the emblem, seal, or other symbol it desires to be used for its respective special license plate. A school also may request a change in the emblem, seal, or other symbol not more than once every five years. The fee for this special license plate is thirty-five dollars each year which is in addition to the regular motor vehicle registration fee as set forth in Article 5, Chapter 3 of this title. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for an annual period which expires twelve months from the month they are issued.
(B) The fees collected pursuant to this section must be distributed to a separate fund for each of the respective colleges, universities, or independent institutions of higher learning. However, fees for out-of-state institutions plates must be distributed proportionately to institutions of higher learning in this State based on the percentage that each such institution receives pursuant to this section. Each fund must be administered by the school and must be used only for academic scholarships. Funds collected for state colleges and universities and out-of-state institutions must be deposited with the State Treasurer. Funds collected for independent institutions must be deposited in an account designated by the respective school. The distribution is based on the total number of special license plates sold and on the number sold for the respective school as follows:
(1) one thousand or less total special license plates sold: twenty-six dollars to the department and nine dollars to the school for each special license plate sold for the respective school;
(2) more than one thousand and less than two thousand total special license plates sold: twenty-one dollars to the department and fourteen dollars to the school for each special license plate sold for the respective school;
(3) two thousand or more total special license plates sold: fifteen dollars to the department and twenty dollars to the school for each special license plate sold for the respective school.
(C) The department must receive one hundred or more applications requesting a special license plate for a school before a specialized license plate may be developed for that school."/
Amend sections, totals and title to conform.
Senator REESE argued in favor of the adoption of the amendment.
Senator REESE moved that the amendment be adopted.
The amendment was adopted.
Senator REESE proposed the following Amendment No. 114 (JIC\5943HTC.95), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND SECTION 56-3-2150, AS AMENDED, AND SECTION 56-3-2170, OF THE 1976 CODE, 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 AND PROVIDE FOR THE DISTRIBUTION OF THE REVENUE FROM THE PLATES AND FOR PERIODIC REPORTING ON THE COSTS OF PRODUCTION AND ADMINISTRATION OF THESE SPECIAL PLATES.
A. Section 56-3-2150 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-3-2150. The department may issue special motor vehicle license plates to mayors, members of municipal and county councils, and to county coroners of this State for private motor vehicles registered in their names. The biennial fee for these special license plates is the same as the fee provided in Section 56-3-2020, and only Only one plate may be issued to a mayor, councilman, or coroner. The plate must be issued or revalidated biennially for the regular registration and licensing period. The fee for the issuance of this special plate must be the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the Department of Revenue. Every five years the department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly."
B. Section 56-3-2170 of the 1976 Code is amended to read:
"Section 56-3-2170. The license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made to and approved by the department. It is unlawful for any a person to whom such a plate has been issued to knowingly permit it to be displayed on any vehicle except the one authorized by the department. If a holder of such a the plate ceases to be a mayor, member of the municipal or county council, or ceases to be county coroner, he shall immediately return immediately the plate to the department."/
Amend sections, totals and title to conform.
Senator REESE explained the amendment.
Senator REESE moved that the amendment be adopted.
The amendment was adopted.
Senators MATTHEWS, LAND, FORD, GLOVER, JACKSON, PATTERSON and WASHINGTON proposed the following Amendment No. 120 (3362R303.JWM), which was adopted:
Amend the bill, as and if amended, Part II, on page 601, after line 31, by adding a new section to read:
TO AMEND TITLE 34 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS AND MONEY, BY ADDING CHAPTER 30 SO AS TO CREATE THE SOUTH CAROLINA COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS COMMISSION, WHICH SHALL EXIST FOR THE PURPOSE OF CERTIFYING ENTITIES AS COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS, TO PROVIDE FOR THE APPOINTMENT OF COMMISSION MEMBERS AND THE OPERATION OF THE COMMISSION, TO PROVIDE A DEFINITION FOR COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION; AND TO AMEND ARTICLE 10, CHAPTER 7, TITLE 12, RELATING TO INCOME TAX CREDITS, BY ADDING SECTION 12-7-1255 SO AS TO PROVIDE A TAX CREDIT EQUAL TO FIFTY PERCENT OF A TAXPAYER'S INVESTMENT IN A COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION, UP TO A MAXIMUM OF TEN MILLION DOLLARS FOR ALL TAXPAYERS FOR ALL TAXABLE YEARS.
A. The General Assembly finds that:
(1) Many of South Carolina's urban and rural communities face critical social and economic problems arising in part from the lack of economic growth, people living in poverty, and the lack of employment and other opportunities.
(2) The restoration and maintenance of these communities will require increased access to credit and capital for development activities, including investment in businesses, housing, human development, and other activities that promote the long-term economic and social viability of the community.
(3) Access to credit and capital is essential to unleash the untapped entrepreneurial energy of South Carolina's poorest communities and to empower individuals and communities to become self-sufficient.
(4) Community development financial institutions have proven their ability to identify and respond to community needs for capital, credit, and development services in the absence of, or as a complement to, services provided by other lenders.
(5) For the above reasons, it has determined to enact the provisions of this act as being consistent with many public policy objectives of our State including economic growth, higher employment, and community development.
B. Title 34 of the 1976 Code is amended by adding:
Section 34-30-10. (A) There is created a South Carolina Community Development Financial Institutions Commission. The commission shall exist for the purpose of certifying entities as community development financial institutions, as defined in Section 34-30-40. The commission may also make grants to community development financial institutions from grant funds made available to it by the General Assembly or from other available funds. The General Assembly may appropriate funds to the commission to be used to make grants to community development financial institutions as authorized herein.
(B) In addition to any other powers set forth in this chapter, the commission may:
(1) adopt rules and regulations necessary to carry out its powers;
(2) contract for and accept, for use in carrying out the provisions of this chapter, any grant or contribution of funds from any political subdivision of the State or from any other source and comply, subject to the provisions of this chapter, with the terms and conditions thereof; and
(3) do anything necessary or convenient to carry out its powers and functions.
(C) The commission may receive funds from, among other sources, state appropriations and private contributions.
Section 34-30-20. (A) The governing body of the commission shall consist of the following seven members:
(1) a chairman, representing a federally-chartered or state-chartered financial institution doing business in this State, who must be appointed by the Governor, with the advice and consent of the Senate;
(2) two members appointed by the Legislative Black Caucus;
(3) one member recommended by the South Carolina Conference of the National Association for the Advancement of Colored People (NAACP) to be appointed by the Governor, with the advice and consent of the Senate;
(4) one member recommended by an Urban League to be appointed by the Governor, with the advice and consent of the Senate; and
(5) two members representing federally-chartered or state-chartered financial institutions or other business entities doing business in this State, other than the institution represented by the chairman, who must be appointed by the Governor, with the advice and consent of the Senate. (B) Commission members shall serve terms of four years and until their successors are appointed and qualify.
(C) A member who is appointed to fill a vacancy on the Commission shall serve only for the remainder of the unexpired term and until a successor is appointed and qualified.
(D) The commission shall cease to exist on July 1, 2001, unless further authorized by the General Assembly.
Section 34-30-30. (A) Four appointed members of the commission are a quorum. However, the commission may not act on any matter unless at least four members in attendance concur.
(B) The commission shall determine the times and places of its meetings.
(C) Members of the commission, while serving on business of the commission, shall receive, to the extent funding is available, per diem, mileage, and subsistence as provided by law for members of state boards, committees, and commissions.
(D) The commission may, to the extent funding is available, employ or contract for such staff and consultants as it deems necessary to assist in carrying out its duties and responsibilities under this chapter.
(E) In its internal functions, the commission shall keep proper records of its accounts and follow the procedures of this State that govern the purchase of office space, supplies, facilities, materials, equipment, and professional services. The commission must be audited by the State Auditor as provided in Chapter 7 of Title 11.
(F) The commission shall make an annual report on its condition and operations to the General Assembly and the Governor, including the information required to be reported by Section 34-30-60.
Section 34-30-40. (A) The commission may certify an entity as a community development financial institution if it meets the definition provided in subsection (B).
(B) For purposes of this section:
(1) 'Community development financial institution' means an organization that:
(a) has a primary mission of promoting community development through the provision of credit, capital, or development services to small businesses or home mortgage assistance to individuals, including, but not limited to, the provision of capital access programs, microlending, franchise financing, guaranty performance bonds;
(b) provides service delivery throughout the State;
(c) maintains through representation on its governing board accountability to persons in need of the institution's services;
(d) is not an agent or instrumentality of the United States, or of any state or political subdivision of a state or maintains an affiliate relationship with the above;
(e) maintains a goal of providing a majority of its services to low-income individuals, minorities, or females;
(f) provides capital and technical assistance to small and micro businesses, or mortgage assistance to individuals; and
(g) has been certified or recertified as a community development financial institution as provided in this chapter.
(2) 'Low-income' means individuals whose income level falls within the eightieth percentile of the mean income for a family of four within this State.
(3) The term 'invest' includes any advance of funds to a community development financial institution whether by purchase of stock, the making of a loan, or otherwise.
(C) Banks and financial institutions chartered by the State of South Carolina are authorized to invest in community development financial institutions incorporated under the laws of this State, up to a maximum of ten percent of a chartered bank or financial institution's total capital and surplus.
(D) A federally-chartered or state-chartered financial institution holding company may qualify as a community development financial institution only if the holding company and the subsidiaries and affiliates of the holding company collectively satisfy the requirements of subsection (B). (E) A community development financial institution shall not be subject to any taxes based upon or measured by income which are now or may be hereafter levied by the State.
Section 34-30-50. (A) Certification of a community development financial institution shall expire two years from the date of certification.
(B) Certification of a community development financial institution may be renewed for additional two year periods upon application by the institution and approval by the commission.
(C) The commission shall not renew certification of an institution unless it continues to comply with the provisions of Section 34-30-40.
(D) No taxpayer may claim the tax credit provided for in Section 12-7-1255 unless the institution is certified by the commission at the time the investment is made.
Section 34-30-60. Each year, every community development financial institution shall file with the commission, on or before the anniversary date of its certification, a report for the preceding calendar year. The report shall give information with respect to the financial condition of the institution, and shall include balance sheets at the beginning and end of the accounting period, a statement of income and expenses for the period, a reconciliation of surplus with the balance sheets, a schedule of assets used and useful by the institution to conduct its business, an analysis of charges, size and type of loans and other activities described in Section 34-30-40(B)(1)(a) and such other relevant information in form and detail as the commission may prescribe. Such report shall be made under oath and shall be in the form prescribed by the commission which shall make and publish annually an analysis and recapitulation of such reports, for inclusion in its annual report to the Governor and General Assembly as provided in Section 34-30-30(F)."
C. Article 10, Chapter 7, Title 12 of the 1976 Code is amended by adding:
"Section 12-7-1255. (A) A taxpayer may claim as a credit against his state income tax, bank tax or premium tax liability fifty percent of all amounts invested in a community development financial institution, as defined in Section 34-30-40.
To qualify for this credit the taxpayer must obtain a certificate from the South Carolina Community Development Financial Institutions Commission certifying that the entity into which such funds are invested is a community development financial institution within the meaning of Section 34-30-40 and certifying that the credit taken or available to that taxpayer will not exceed the aggregate ten million dollar limitation of all such credits as provided in subsection (B) when added to the credits previously taken or available to other taxpayers making similar investments.
(B) The total amount of credits allowed under this section may not exceed in the aggregate ten million dollars for all taxpayers and all taxable years. The credit must be allowed to taxpayers in the order of the time of the making of the qualified investments in community development financial institutions.
The commission shall monitor the investments made by taxpayers in community development financial institutions as permitted by this section and shall perform the functions relating thereto as provided in subsection (A) above.
(C) If the amount of the credit determined under subsection (A) exceeds the taxpayer's state tax liability for the applicable taxable year, then the taxpayer may carry the excess over to the immediately succeeding taxable years. However, the credit carryover may not be used for any taxable year that begins on or after ten years from the date of the qualified investment. The amount of the credit carryover from a taxable year must be reduced to the extent that the carryover is used by the taxpayer to obtain a credit under this chapter for any subsequent taxable year.
(D) Notwithstanding the provisions of subsections (A), (B), and (C) above, if on April 1, 1996, or as soon thereafter as the commission is able to determine, the total amount of tax credits which may be claimed by all taxpayers exceeds the total amount of tax credits authorized by this section, then the credits must be determined on a pro rata basis. For purposes of this subsection, any community development financial institution for which an investments may be claimed as a tax credit under this section must report all investments made prior to April 1, 1996 to the commission by April 1, 1996, which shall, as soon as reasonably possible, inform all community development financial institutions of the total of all investments in all institutions as of April 1, 1996.
(E) If a qualified investment which is the basis for a credit under this chapter is redeemed by a taxpayer within five years of the date it is purchased, the credit provided by this chapter for the qualified investment is disallowed, and any credit previously claimed and allowed with respect to the qualified investment so redeemed must be paid to the Department of Revenue and Taxation with the appropriate return of the taxpayer covering the period in which the redemption occurred. When payments are made to the Department of Revenue and Taxation under this section, the amount collected must be handled in the same manner as if no credit had been allowed.
(F) To receive the credit provided by this chapter, a taxpayer shall:
(1) claim the credit on the taxpayer's annual state income or premium tax return in the manner prescribed by the Department of Revenue and Taxation; and
(2) file with the Department of Revenue and Taxation and with the taxpayer's annual state income or premium tax return a copy of the form issued by the commission as to the qualified investment by the taxpayer, which includes an undertaking by the taxpayer to report to the Department of Revenue and Taxation any redemption of the qualified investment.
(G) The commission shall complete forms prescribed by the Department of Revenue and Taxation which must show as to each qualified investment in a community development financial institution:
(1) the name, address, and identification number of the taxpayer who purchased a qualified investment; and
(2) the nature of the qualified investment purchased by the taxpayer and the amount paid for it.
These forms must be filed with the Department of Revenue and Taxation on or before the fifteenth day of the third month following the month in which the qualified investment is purchased. Copies of the forms to be provided to the Department of Revenue and Taxation must be mailed to the taxpayer on or before the fifteenth day of the second month following the month in which the qualified investment is purchased.
(H) No taxpayer may claim the tax credit provided in this section unless the community development financial institution in which the investment is made has been certified at the time the investment is made.
(I) A taxpayer may transfer or assign the tax credit provided in this section, except that for purposes of any time period within an act must occur under this section, such transfer or assignment shall relate back to the time of original investment made by the transferor or assignor.
(J) Notwithstanding any other provision of law, the total amount of credits which may be allowed by the Department of Revenue and Taxation shall not exceed five million dollars, respectively, for the fiscal years 1996-97 and 1997-98. Any credit which is disallowed because of this subsection may be carried forward as provided in this section."
D. The General Assembly may provide funds in the annual General Appropriation Act only to be used to provide funds available to the commission to make grants to community development financial institutions and may also provide funds in the annual General Appropriation Act to be used to pay salaries, employee benefits, and administrative expenses of the commission.
E. This section takes effect upon approval of the Governor, except that Section C. applies to tax years beginning after 1995./
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 126 (PFM\7455BDW.95), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 44-2-20, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS IN THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO REVISE THE DEFINITION OF OWNER; AND TO AMEND SECTION 44-2-80, RELATING TO THE RELEASE OF REGULATED SUBSTANCES FROM UNDERGROUND STORAGE TANKS, SO AS TO PROVIDE FOR THE RESPONSIBILITY OF OWNERS OF REAL PROPERTY ON WHICH UNDERGROUND STORAGE TANKS HAVE BEEN REMOVED.
A. Section 44-2-20(7) of the 1976 Code is amended to read:
"(7) 'Owner' means:
(a) in the case of an underground storage tank system in use on November 8, 1984, or brought into use after that date, a person who owns an underground storage tank system used for storage, use, or dispensing of regulated substances;
(b) in the case of an underground storage tank system in use before November 8, 1984, but no longer in use on that date, a person who owned such an underground storage tank immediately before the discontinuation of its use; or
(c) a person who has assumed legal ownership of the underground storage tank through the provisions of a contract of sale or other legally binding transfer of ownership.
'Owner' does not include a person who, without participating in the management of an underground storage tank and otherwise not engaged in petroleum production, refining, and marketing, holds indicia of ownership primarily to protect the owner's security interest in the property, real and personal. It also does not include persons who acquire title to the property through foreclosure or other means necessary to enforce the security interest."
B. Section 44-2-80 of the 1976 Code, as added by Act 486 of 1988, is amended to read:
"Section 44-2-80. Any A person who releases a regulated substance from an underground storage tank shall immediately shall undertake to contain, remove, and abate the release to the satisfaction of the department. However, the undertaking to contain, remove, or abate a release must not be considered an admission of responsibility for the release by the person taking the action. A person who acquires title to real property on which underground storage tanks have been removed is not responsible for undertaking to contain, remove, and rebate a release on the property. Notwithstanding this requirement, the department may undertake the removal of the release and may contract and retain agents who shall operate under the discretion of the department if a responsible party is unwilling or unable to conduct the cleanup."
C. This section takes effect July 1, 1995./
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senators MATTHEWS, FORD and GREG SMITH proposed the following Amendment No. 127 (JIC\5942HTC.95), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND SECTION 9-11-140, AS AMENDED, OF THE 1976 CODE, RELATING TO THE ACCIDENTAL DEATH BENEFIT PROGRAM UNDER THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE FOR BENEFITS UNDER THE PROGRAM TO A SURVIVING SPOUSE RATHER THAN TO THE OFFICER'S WIDOW, AND TO PROVIDE FOR CONTINUED PAYMENTS AFTER THE REMARRIAGE OF THE OFFICER'S SPOUSE.
The third paragraph of Section 9-11-140 of the 1976 Code is amended to read:
"Upon receipt of the proper proofs of death of an eligible member in service whose death was a natural and proximate result of an injury by external accident or violence incurred while undergoing a hazard peculiar to his the member's employment while in the actual performance of his duty, provided that the death was without wilful negligence on the part of the deceased and upon the finding and certification by the board that the death occurred, there must be paid to his widow, if he leaves a widow, to continue during her widowhood the member's surviving spouse, a pension of fifty percent of his the member's compensation at the time of death. If there is no widow surviving spouse, or if the widow surviving spouse dies or remarries before the youngest child of the deceased member has attained the age of eighteen, the pension is paid to the children, divided in a manner as the board may determine determines to continue for the benefit of the children until every child dies or attains the age of eighteen. If there is no widow surviving spouse or children under the age of eighteen years living at the death of the member, the pension must be paid to his the member's surviving father and/or or mother, or both, as the board may direct to continue for life. If the member at the time of his death does not leave a widow surviving spouse, or children under the age of eighteen, or surviving parents, no death benefit is payable under this section. The death benefit is payable apart and separate from the payment of any other benefits payable on his the member's death pursuant to the provisions of Sections 9-11-110, 9-11-120, and 9-11-130."/
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
Senator MATTHEWS moved that the amendment be adopted.
The amendment was adopted.
Senator DRUMMOND proposed the following Amendment No. 133 (JIC\5934HTC.95), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-37-450, AS AMENDED, OF THE 1976 CODE, RELATING TO THE BUSINESS INVENTORY TAX EXEMPTION REIMBURSEMENT, SO AS TO PROVIDE FOR AN AUTOMATIC GENERAL FUND APPROPRIATION OF SUMS SUFFICIENT TO MEET THE REQUIRED 1987 REIMBURSEMENT AMOUNT.
A. Section 12-37-450(B) of the 1976 Code, as last amended by Act 137 of 1993, is further amended to read:
"(B) Counties and municipalities must be reimbursed for the revenue lost as a result of the business inventory tax exemption based on the 1987 tax year millage and 1987 tax year assessed value of inventories in the counties and municipalities. If an amount of reimbursement to a political subdivision within a county is attributable to a separate millage for debt service for any purpose, when that debt is paid, the appropriate reimbursement amount must be redistributed proportionately to the other separate millages levied by the political subdivision within the county for the 1987 tax year. Notwithstanding amounts appropriated for the inventory tax exemption reimbursement, there is appropriated annually from the general fund of the State whatever amount is necessary to reimburse fully all counties and municipalities the required amount. The Comptroller General shall make remittances of this reimbursement to counties and municipalities in four equal payments."
B. This section takes effect July 1, 1995./
Amend sections, totals and title to conform.
Senator DRUMMOND explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator ROSE proposed the following Amendment No. 158 (3362R229.MTR), which was tabled:
Amend the bill, as and if amended, Part II, on page 601, after line 31, by adding a new section to read:
TO AMEND SECTION 12-43-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUALIZATION AND REASSESSMENT, SO AS TO PROVIDE THAT IN THE YEAR FOLLOWING REASSESSMENT THE AD VALOREM TAX ON AN OWNER OCCUPIED RESIDENCE SHALL NOT BE INCREASED IN AN AMOUNT GREATER THAN FIVE PERCENT ABOVE THE CUMULATIVE INCREASE IN THE CONSUMER PRICE INDEX CALCULATED FROM THE YEAR IN WHICH THE LAST REASSESSMENT OCCURRED.
A. Section 12-43-280 of the 1976 Code is amended by adding an appropriately numbered new subsection to read:
"( ) In the year following reassessment, the ad valorem tax on an owner occupied residence shall not be increased in an amount greater than five percent above the cumulative increase in the consumer price index calculated from the year in which the last reassessment occurred."/
Amend sections, totals and title to conform.
Senator ROSE explained the amendment.
Senator LAND moved to lay the amendment on the table.
The amendment was laid on the table.
Having voted on the prevailing side, Senator LAND asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 158 (3362R229.MTR) proposed by Senator ROSE, was laid on the table.
The motion to reconsider was adopted.
The Senate proceeded to a consideration of the Amendment No. 158. Senator ROSE explained the amendment.
Senator LEATHERMAN raised a Point of Order that the amendment was out of order inasmuch as the amendment was not germane to the Bill.
The PRESIDENT took the Point of Order under advisement.
Amendment No. 158 was later ruled out of order.
Senator ROSE proposed the following Amendment No. 159 (3362R228.MTR), which was later tabled:
Amend the bill, as and if amended, Part II, on page 601, after line 31, by adding a new section to read:
TO AMEND SECTION 12-43-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUALIZATION AND REASSESSMENT, SO AS TO PROVIDE THAT IN THE YEAR FOLLOWING REASSESSMENT THE AD VALOREM TAX ON AN OWNER OCCUPIED RESIDENCE SHALL NOT BE INCREASED IN AN AMOUNT GREATER THAN THE CUMULATIVE INCREASE IN THE CONSUMER PRICE INDEX CALCULATED FROM THE YEAR IN WHICH THE LAST REASSESSMENT OCCURRED.
A. Section 12-43-280 of the 1976 Code is amended by adding an appropriately numbered new subsection to read:
"( ) In the year following reassessment, the ad valorem tax on an owner occupied residence shall not be increased in an amount greater than the cumulative increase in the consumer price index calculated from the year in which the last reassessment occurred."/
Amend sections, totals and title to conform.
Senator ROSE explained the amendment.
Senator LAND moved that the amendment be adopted.
Having voted on the prevailing side, Senator LAND asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 159 (3362R228.MTR) proposed by Senator ROSE, was laid on the table.
The motion to reconsider was adopted.
The Senate proceeded to a consideration of Amendment No. 159.
Senator ROSE explained the amendment.
Senator LEATHERMAN raised a Point of Order that the amendment was out of order inasmuch as the amendment was not germane to the Bill.
The PRESIDENT took the Point of Order under advisement.
Amendment No. 159 was later ruled out of order.
Senators PEELER, LANDER, SHORT and LAND proposed the following Amendment No. 160A (17318AC.95), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, RELATING TO ADDITIONAL ASSESSMENTS BASED ON FINES IMPOSED ON OFFENDERS IN GENERAL SESSIONS, FAMILY COURT, MAGISTRATE'S COURT, AND MUNICIPAL COURT, RESPECTIVELY, AND HOW THESE ASSESSMENTS ARE DISTRIBUTED, SO AS TO REDUCE BY ONE PERCENT THE AMOUNT TO BE CREDITED TO THE GENERAL FUND AND TO CREATE WITH THIS ONE PERCENT A FUND IN THE ATTORNEY GENERAL'S OFFICE UP TO FIVE HUNDRED THOUSAND DOLLARS FOR AID TO COUNTIES FOR EXPENSES IN DEATH PENALTY CASES.
A. Section 14-1-206(C) of the 1976 Code, as added by Part II, Section 36B, Act 497 of 1994, is amended to read:
"(C) The State Treasurer shall deposit the assessments as follows:
(1) 47.17 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;
(2) 16.52 percent to the Department of Public Safety program of training in the fields of law enforcement and criminal justice;
(3) .5 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the Department of Public Safety the department may retain the surplus for use in its law enforcement training programs;
(4) 16.21 percent to the Office of Indigent Defense for the defense of indigents;
(5) 13.26 percent for the State Office of Victim Assistance;
(6) 6.34 5.34 percent to the general fund.;
(7) 1.0 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, 'complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved has expended more than two hundred fifty thousand dollars for a particular case in direct support of operating the Court of General Sessions and for prosecution related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds may be paid to a county for all expenditures authorized for reimbursement under this item including the two hundred and fifty thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a 'first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the General Fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year."
B. Section 14-1-207(C) of the 1976 Code, as added by Part II, Section 36B, Act 497 of 1994, is amended to read:
"(C) The State Treasurer shall deposit the assessments as follows:
(1) 35.12 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;
(2) 22.49 percent to the Department of Public Safety program of training in the fields of law enforcement and criminal justice;
(3) .65 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the Department of Public Safety the department may retain the surplus for use in its law enforcement training programs;
(4) 20.42 percent for the State Office of Victim Assistance;
(5) 9.94 8.94 percent to the general fund;
(6) 11.38 percent to the Office of Indigent Defense for the defense of indigents.;
(7) 1.0 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, 'complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved has expended more than two hundred fifty thousand dollars for a particular case in direct support of operating the Court of General Sessions and for prosecution related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds may be paid to a county for all expenditures authorized for reimbursement under this item including the two hundred and fifty thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a 'first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the General Fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year."
C. Section 14-1-208(C) of the 1976 Code, as added by Part II, Section 36B, Act 497 of 1994, is amended to read:
"(C) The State Treasurer shall deposit the assessments as follows:
(1) 25.79 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;
(2) 25.5 percent to the Department of Public Safety program of training in the fields of law enforcement and criminal justice;
(3) .67 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the Department of Public Safety the department may retain the surplus for use in its law enforcement training programs;
(4) 19.06 percent for the State Office of Victim Assistance;
(5) 7.97 6.97 percent to the general fund;
(6) 19.38 percent to the Office of Indigent Defense for the defense of indigents;
(7) 1.63 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities.;
(8) 1.0 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, 'complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved has expended more than two hundred fifty thousand dollars for a particular case in direct support of operating the Court of General Sessions and for prosecution related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds may be paid to a county for all expenditures authorized for reimbursement under this item including the two hundred and fifty thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a 'first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the General Fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year."
D. This section takes effect July 1, 1995./
Amend sections, totals and title to conform.
Senator PEELER argued in favor of the adoption of the amendment.
Senator PEELER moved that the amendment be adopted.
The amendment was adopted.
Senator PEELER proposed the following Amendment No. 162 (JIC\5958HTC.95), which was later adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-36-2680, of the 1976 CODE, RELATING TO THE USE OF SALES TAX EXEMPTION CERTIFICATES MAINTAINED ON FILE USED IN MAKING VARIOUS TAX EXEMPT PURCHASES, SO AS TO DELETE THE REQUIREMENT THAT THE PURCHASER SIGN THE INVOICE AND TO MAKE THIS DELETION EFFECTIVE FOR EXEMPT SALES MADE ON OR AFTER JANUARY 1, 1995.
A. Section 12-36-2680 of the 1976 Code, as added by Section 127A, Part II, Act 497 of 1994, is amended to read:
"Section 12-36-2680. The department shall prescribe an exemption certificate for use by persons purchasing items exempt pursuant to items (5), (6), (7), (16), (18), (23), (32), and (44) of Section 12-36-2120. This exemption certificate may be presented upon each purchase by the holder or the retailer may keep on file a copy of the certificate. When an exempt sale is made pursuant to a certificate on file, the purchaser must note on the purchase invoice the exempt items, state the items are to be used for exempt purposes, and sign the invoice. When the purchase order meets the requirements of this section, the liability for any tax determined to be due is solely on the purchaser."
B. This section applies with respect to a certificate maintained on file by a retailer for sales on or after January 1, 1995./
Amend sections, totals and title to conform.
Senator PEELER explained the amendment.
Senator LEATHERMAN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
The PRESIDENT took the Point of Order under advisement.
Senators HOLLAND, GIESE, THOMAS, McGILL and FORD proposed the following Amendment No. 168 (PT\1977HTC.95), which was adopted:
Amend the bill, as and if amended, Part II, on page 601 after line 31, by adding a new section appropriately numbered to read:
ALLOWING AS A DEDUCTION FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS ANY INCOME RECEIVED IN 1995 IN THE FORM OF THE MILKEN FAMILY FOUNDATION NATIONAL EDUCATOR AWARD.
Notwithstanding the provisions of Chapter 7, Title 12 of the 1976 Code and for taxable year 1995 only, there is allowed as a deduction from the South Carolina taxable income of individuals income received in the form of the Milken Family Foundation National Educator Award./
Amend sections, totals and title to conform.
Senator HOLLAND argued in favor of the adoption of the amendment.
Senator HOLLAND moved that the amendment be adopted.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 171 (JIC\5953HTC.95), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-36-60 OF THE 1976 CODE, RELATING TO THE DEFINITION OF "TANGIBLE PERSONAL PROPERTY" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO EXCLUDE FROM THE DEFINITION THE TRANSMISSION OF COMPUTER DATABASE INFORMATION BY A COOPERATIVE SERVICE WHEN THAT INFORMATION HAS BEEN ASSEMBLED BY AND IS FOR THE EXCLUSIVE USE OF THE MEMBERS OF THE COOPERATIVE SERVICE.
A. Section 12-36-60 of the 1976 Code, as added by Act 612 of 1990, is amended to read:
"Section 12-36-60. 'Tangible personal property' means personal property which may be seen, weighed, measured, felt, touched, or which is in any other manner perceptible to the senses. It also includes services and intangibles, including communications, laundry and related services, furnishing of accommodations and sales of electricity, the sale or use of which is subject to tax under this chapter and does not include stocks, notes, bonds, mortgages, or other evidences of debt. Tangible personal property does not include the transmission of computer database information by a cooperative service when the database information has been assembled by and for the exclusive use of the members of the cooperative service."
B. This section takes effect July 1, 1995./
Amend sections, totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
Senator THOMAS proposed the following Amendment No. 177 (GJK\21953HTC.95), which was later substituted by Amendment No. 177A (3362R312.DLT) and adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately-numbered section at the end to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 2-3-25 SO AS TO PROVIDE IF A MEMBER OF THE GENERAL ASSEMBLY RESIGNS OR IS EXPELLED, HE MUST REPAY ANY COMPENSATION RECEIVED ON A PRO RATA BASIS, AND PROVIDE THAT IF HE DOES NOT, THE COMPTROLLER GENERAL SHALL WITHHOLD THAT AMOUNT FROM ANY RETIREMENT BENEFITS HE RECEIVES.
The 1976 Code is amended by adding:
"Section 2-3-25. If a member of the General Assembly resigns or is expelled, he must repay any compensation he has received for that year on a pro rata basis. The Clerk of the Senate or the Clerk of the House of Representatives, as appropriate, shall request the repayment of the compensation paid. If the member does not repay the monies he has received within thirty days of the date of request by the clerk, the Comptroller General is authorized to deduct the appropriate amount from any retirement benefits the member may receive and remit this amount to the credit of the general fund of the State."/
Amend sections, totals and title to conform.
Senator THOMAS explained the amendment.
Senator LEATHERMAN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senators THOMAS and LEATHERMAN spoke on the Point of Order.
The PRESIDENT took the Point of Order under advisement.
Senator PASSAILAIGUE proposed the following Amendment No. 174 (PFM\7463BDW.95), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-36-910, AS AMENDED, OF THE 1976 CODE, RELATING TO THE SALES TAX ON TANGIBLE PERSONAL PROPERTY, SO AS TO PROVIDE EXEMPTIONS FROM THE TAX AND DEFINE TERMS.
A. Section 12-36-910, as last amended by Act 361 of 1992, is further amended by adding an appropriately lettered subsection to read:
"( ) Notwithstanding other provisions in this article or Article 13, Chapter 36, of this title, the sales or use tax imposed by those articles does not apply to the gross proceeds accruing or proceeding from charges for or use of data processing. As used in this subsection, 'data processing' means the manipulation of information furnished by a customer through all or part of a series of operations involving an interaction of procedures, processes, methods, personnel, and computers. It also means the electronic transfer of or access to that information. Examples of the processing include, without limitation, summarizing, computing, extracting, storing, retrieving, sorting, sequencing, and the use of computers."
B. This section takes effect July 1, 1995./
Amend sections, totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
The PRESIDENT took up the Point of Order raised by Senator LEATHERMAN that Amendment No. 108A (3362R234.MTR) proposed by Senator ROSE was out of order inasmuch as it was not germane.
The PRESIDENT overruled the Point of Order.
The Senate proceeded to a consideration of Amendment No. 108A.
Senator ROSE explained the amendment.
Senator ROSE moved that the amendment be adopted.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
On motion of Senator ALEXANDER, at 11:10 A.M., Senator RUSSELL was granted a leave of absence until 7:00 P.M.
The PRESIDENT took up the Point of Order raised by Senator LEATHERMAN that Amendment No. 109AA (DKA\3995AC.95) proposed by Senator J. VERNE SMITH was out of order inasmuch as it was violative of Article 10, Section 11, S.C. Constitution.
The PRESIDENT overruled the Point of Order.
The Senate proceeded to a consideration of Amendment No. 109AA.
Senator LEVENTIS argued contra to the adoption of the amendment.
Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.
Senator LEVENTIS continued arguing contra to the adoption of the amendment.
Senator J. VERNE SMITH argued in favor of the adoption of the amendment.
Senator J. VERNE SMITH moved that the amendment be adopted.
Senator LEVENTIS argued contra to the adoption of the amendment.
On motion of Senator LAND, with unanimous consent, the amendment was carried over and later adopted.
At 11:30 A.M., Senator DRUMMOND asked unanimous consent to make a motion that at 12:30 P.M. no further amendment to H. 3362, the General Appropriation Bill, would be accepted on the Desk with the exception of any balancing amendments proposed by the Senate Finance Committee or any amendments certified by the Clerk which are necessary perfecting amendments.
Senator RICHTER objected.
The PRESIDENT took up the Point of Order raised by Senator LEATHERMAN that Amendment No. 177 (GJK\21953HTC.95) proposed by Senator THOMAS was out of order inasmuch as it was not germane to the Bill.
The PRESIDENT overruled the Point of Order.
The Senate proceeded to a consideration of Amendment No. 177.
Senator THOMAS argued in favor of the adoption of the amendment.
On motion of Senator THOMAS, with unanimous consent, Amendment No. 177 was perfected by Amendment No. 177A (3362R312.DLT), proposed by Senators THOMAS and WILSON and adopted as follows.
Senators THOMAS and WILSON proposed the following Amendment No. 177A (3362R312.DLT), which was adopted:
Amend the bill, as and if amended, Part II, on page 601, after line 31, by adding a new section to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 2-3-25 SO AS TO PROVIDE IF A MEMBER OF THE GENERAL ASSEMBLY RESIGNS OR IS EXPELLED, HE MUST REPAY ANY COMPENSATION RECEIVED ON A PRO RATA BASIS, AND PROVIDE THAT IF HE DOES NOT, THE COMPTROLLER GENERAL SHALL WITHHOLD THAT AMOUNT FROM ANY RETIREMENT BENEFITS HE RECEIVES.
The 1976 Code is amended by adding:
"Section 2-3-25. Effective after July 1,1995, if a member of the General Assembly resigns or is expelled, he must repay any compensation he has received for that year on a pro rata basis, pro rated from the first day of the session in January each year through the end of the annual session. The Clerk of the Senate or the Clerk of the House of Representatives, as appropriate, shall request the repayment of the compensation paid. If the member does not repay the monies he has received within thirty days of the date of request by the clerk, the Comptroller General is authorized to deduct the appropriate amount from any retirement benefits the member may receive and remit this amount to the credit of the general fund of the State, pro rated from the first day of the session in January each year through the end of the annual session."/
Amend sections, totals and title to conform.
The amendment was adopted.
At 12:05 P.M., Senator DRUMMOND asked unanimous consent to make a motion that at 1:00 P.M. no further amendments to H. 3362, the General Appropriation Bill, would be accepted on the Desk with the exception of any balancing amendments proposed by the Senate Finance Committee or any amendments certified by the Clerk which are necessary perfecting amendments.
There was no objection and the motion was adopted.
The PRESIDENT took up the Point of Order raised by Senator LEATHERMAN that Amendment No. 162 (JIC\5958HTC.95) proposed by Senator PEELER was out of order inasmuch as it was not germane to the Bill.
The PRESIDENT overruled the Point of Order.
The Senate proceeded to a consideration of Amendment No. 162.
Senator PEELER explained the amendment.
The amendment was adopted.
Senator PEELER proposed the following Amendment No. 183 (PFM\7466BDW.95), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE 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.
A. Chapter 15, Title 56 of the 1976 Code is amended by adding:
Section 56-15-510. As used in this article:
(1) 'Wholesale motor vehicle auction' is an entity in the business of providing auction services in wholesale transactions at its established place of business, and which does not buy, sell, or own the motor vehicles it auctions in the ordinary course of its business.
(2) 'Motor vehicles' with regard to transactions taking place at a wholesale motor vehicle auction include, but are not limited to, motor homes, manufactured homes, recreational vehicles, boats, motorcycles, and motor vehicles as provided for in Section 56-3-20.
Section 56-15-520. When a transfer of title is made as a result of a transaction at a wholesale motor vehicle auction, the reassignment of title or bill of sale must note the name and address of the wholesale motor vehicle auction. However, the wholesale motor vehicle auction is not deemed to be the owner, seller, transferor, or assignor of title of a motor vehicle by reason of its name appearing on a reassignment of title or bill of sale or by reason of its payment of a guarantee of payment to a seller, receipt of payment from a purchaser, or the reservation of a lien or security interest for the purpose of securing payment from a purchaser.
Section 56-15-530. A wholesale motor vehicle auction is not prohibited from buying or selling motor vehicles in its own name. However, in that instance, it shall comply with the provisions of South Carolina law pertaining to reassignment and delivery of title documents and disclosures to buyers.
Section 56-15-540. A motor vehicle dealer licensed by this or another jurisdiction may purchase or sell motor vehicles at a wholesale motor vehicle auction. A person may purchase or sell motor vehicles at a wholesale motor vehicle auction if required by an agency of government or by law.
Section 56-15-550. The following may sell motor vehicles through a wholesale motor vehicle auction if the motor vehicles are acquired as an incident to regular business:
(1) manufacturers;
(2) marine dealers;
(3) motor vehicle rental businesses;
(4) motor vehicle lease businesses;
(5) recreation vehicle dealers;
(6) sellers of motor vehicle fleets;
(7) manufacturers;
(8) public officers while performing their official duties;
(9) receivers;
(10) trustees;
(11) administrators;
(12) executors;
(13) guardians;
(14) insurance companies;
(15) banks;
(16) finance companies;
(17) other loan agencies or their agents.
Section 56-15-560. Before engaging in business as a wholesale motor vehicle auction in this State, an application must be filed with the Department of Revenue and Taxation furnishing the information it requires including, but not limited to, information adequately identifying by name and address individuals who own or control ten percent or more of the interest of the applicant. Each license issued expires twelve months from the month of issuance and must be displayed prominently at the established place of business. The license applies to only one place of business of the applicant and is not transferable to another person or place of business. The fee for the license is fifty dollars.
Section 56-15-570. (A) Each applicant for licensure as a wholesale motor vehicle auction shall furnish a surety bond in the penal amount of fifteen thousand dollars on a form prescribed by the Deputy Director of the Motor Vehicle Records and Vehicle Inspection Division of the department. The bond must be given to the department and executed by the applicant as principal and by a corporate surety company authorized to do business in this State as surety. The bond must be conditioned upon the applicant or licensee complying with the statutes applicable to the license and as indemnification for loss or damage suffered by an owner of a motor vehicle, or his legal representative, by reason of fraud practiced or fraudulent representation made by the licensee in connection with the sale or transfer of a motor vehicle by the licensee or its agent acting for it or within the scope of employment of the agent or loss or damage suffered by reason of a violation by the licensee or its agent of this chapter.
(B) An owner or his legal representative who suffers loss or damage has a right of action against the wholesale motor vehicle auction and against the licensee's surety upon the bond and may recover damages as provided in this chapter. A new bond or a proper continuation certificate must be delivered to the department annually before the license is renewed. However, regardless of the number of years a bond remains in effect, the aggregate liability of the surety for all claims is limited to fifteen thousand dollars on each bond and to the amount of the actual loss incurred. The surety may terminate its liability under the bond by giving the department thirty days' written notice of its intent to cancel the bond. The surety shall notify the department if the bond is canceled. The cancellation does not affect liability incurred or accrued before the cancellation.
Section 56-15-580. During a license year, if there is a change in the information that a wholesale motor vehicle auction gave the department to obtain or retain a license under this section, the licensee shall report the change to the department within thirty days after the change occurs on the form the department requires.
Section 56-15-590. (A) A wholesale motor vehicle auction shall establish and retain at its primary place of business complete records in an order appropriate for business requirements and that permits systematic retrieval for five years following the date of sale of each motor vehicle. The records must show the name of the most recent owner other than the wholesale motor vehicle auction, the name of the buyer, the vehicle identification number, and the odometer reading on the date which the wholesale motor vehicle auction took possession of the motor vehicle.
(B) The records kept by the wholesale motor vehicle auction must be maintained in a reasonably organized and orderly fashion with all entries being legible to the ordinary person upon inspection. Records which are illegible or incapable of accurate interpretation by the recordkeeper or the department's inspector or agent are not in compliance with this section.
(C) If a wholesale motor vehicle auction fails to keep the required records or fails to make them available to the department or its authorized agents immediately upon a reasonable request, the wholesale motor vehicle auction is guilty of a misdemeanor and, upon conviction, is subject to the provisions of Chapter 54 of Title 12.
Section 56-15-600. (A) The department may issue to a licensed wholesale motor vehicle auction, upon application and payment of the required fee to the department, wholesale motor vehicle auction license plates. The license plates are exclusively for the use of transporting motor vehicles in the course of doing business as a wholesale motor vehicle auction and must not be attached permanently. The license plate expires twelve months from the month of issuance. The documentation evidencing transport in the ordinary course of doing business as a wholesale motor vehicle auction must be by form approved by the Department of Revenue and Taxation. The form at all times must accompany the license plates. A person who does not use the license plate exclusively to transport motor vehicles in the course of doing business as a wholesale motor vehicle auction is guilty of a misdemeanor and, upon conviction, must be fined three hundred dollars.
(B) Wholesale motor vehicle auction license plates must not be issued by the department unless the wholesale motor vehicle auction furnishes proof in a form acceptable to the department that it has a wholesale motor vehicle auction license as required by this article and that at least twenty sales of motor vehicles have taken place through the wholesale motor vehicle auction in the twelve months preceding its application for a license. The sales requirement may be waived by the department if the wholesale motor vehicle auction has been licensed for less than one year.
(C) A wholesale motor vehicle auction may be issued two license plates for the first twenty vehicles auctioned during the preceding year and one additional license plate for each fifty vehicles auctioned beyond the initial twenty during the preceding year but not to exceed one hundred license plates. For good cause shown, the department in its discretion may issue additional license plates. If the wholesale motor vehicle auction has been licensed less than one year, the department shall issue a number of license plates based on an estimated number of sales for the coming year. The department may increase or decrease the number of license plates issued based on actual sales made.
(D) The cost of each wholesale motor vehicle auction license plate issued is twenty dollars annually."
B. This section takes effect July 1, 1995./
Amend sections, totals and title to conform.
Senator PEELER explained the amendment.
Senator PEELER moved that the amendment be adopted.
The amendment was adopted.
Senator ALEXANDER proposed the following Amendment No. 194 (PT\1987HTC.95), which was adopted:
Amend the bill, as and if amended, Part II, by adding a new section appropriately numbered to read:
TO AMEND SECTION 59-107-90 OF THE 1976 CODE, RELATING TO THE MAXIMUM AMOUNT OF OUTSTANDING STATE INSTITUTION BONDS, SO AS TO RAISE THE LIMIT FROM SIXTY TO NINETY MILLION DOLLARS.
Section 59-107-90 of the 1976 Code is amended to read:
"Section 59-107-90. Notwithstanding any other provision of this chapter, there shall must not be outstanding at any given time state institution bonds for all institutions in excess of sixty ninety million dollars except that in computing such this debt limitation, all bonds defeased pursuant to Section 59-107-200 shall must be deducted from the aggregate of state institution bonds outstanding at such the time."/
Amend sections, totals and title to conform.
Senator ALEXANDER explained the amendment.
Senator ALEXANDER moved that the amendment be adopted.
The amendment was adopted.
Senator LEVENTIS proposed the following Amendment No. 197 (GJK\21962CM.95), which was later ruled out of order:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND SECTION 56-3-620, AS AMENDED, OF THE 1976 CODE, RELATING TO REGISTRATION FEES FOR HANDICAPPED PERSONS AND PERSONS OF CERTAIN AGES FOR PRIVATE PASSENGER-CARRYING VEHICLES AND PROPERTY-CARRYING VEHICLES WEIGHING FIVE THOUSAND POUNDS OR LESS, SO AS TO REVISE THE REGISTRATION FEES, AND TO PROVIDE THAT SIX DOLLARS OF EACH FEE MUST BE USED BY THE DEPARTMENT OF PUBLIC SAFETY TO EMPLOY ADDITIONAL SATE HIGHWAY PATROLMEN.
Section 56-3-620 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:
"Section 56-3-620. (A) For persons sixty-five years of age or older, or persons who are handicapped, as defined in Section 56-3-1950, the biennial registration fee for every private passenger-carrying vehicle is twenty twenty-six dollars.
(B) Beginning July 1, 1987, for persons under the age of sixty-five years the biennial registration fee for every private passenger-carrying vehicle is twenty-four thirty dollars.
(C) For persons sixty-five years of age or older, the biennial registration fee for a property-carrying vehicle with a gross weight of five thousand pounds or less is thirty thirty-six dollars.
(D) For persons who are sixty-four years of age, the biennial registration fee for a private passenger-carrying vehicle is twenty-two twenty-eight dollars.
(E) Six dollars of each biennial registration fee collected pursuant to this section must be remitted to the Department of Public Safety and used to employ additional state highway patrolmen."/
Amend sections, totals and title to conform.
Senator LEVENTIS argued in favor of the adoption of the amendment and Senator BRYAN argued contra.
Senator J. VERNE SMITH raised a Point of Order that the amendment was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase... new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act."
Senators LEVENTIS and GIESE spoke on the Point of Order.
The PRESIDENT took the Point of Order under advisement.
Amendment No. 197 was later ruled out of order.
Senator SETZLER proposed the following Amendment No. 199 (GJK\21927SD.95), which was adopted:
Amend the bill, as and if amended, Part II, by adding a new section appropriately numbered to read:
TO AMEND SECTION 59-103-10 OF THE 1976 CODE 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 ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; 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; 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; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA.
(A) Section 59-103-10 of the 1976 Code is amended to read:
"Section 59-103-10. In order to provide overview and oversight of the services provided by the public higher education institutions, serve as an advisor to the Governor and the General Assembly, and advocate the interests of students attending institutions of higher learning, there is created the State Commission on Higher Education. Two members must be appointed by the Governor from each congressional district upon the recommendation of the majority of the legislative delegation members from the district. Six members must be appointed by the Governor from the State at large with the advice and consent of the Senate. Members must be appointed for terms of four years and until their successors are appointed and qualify. No one is eligible to serve on the commission for more than two consecutive terms. A term served by a member which is less than a full four-year term must not be counted in determining when a member has served the maximum number of terms. No member may be an employee or member of a governing body of a public or private institution of higher learning in this State. The commission shall consist of eleven members appointed by the Governor. The membership must consist of one at-large member to serve as chairman, one representative from each of the six congressional districts, three representatives of the public colleges and universities, and one representative of the independent colleges and universities of South Carolina.
The membership of the Commission on Higher Education must be as follows:
(1) Six members, one each to represent the six congressional districts of this State. These six members must be appointed by the Governor upon the advice and consent of the Senate. Each of these members must be a resident of the congressional district they represent and meet the minimum qualifications provided herein. In order to qualify for appointment, the representatives from the congressional districts must have experience in at least one of the following areas: business, the education of future leaders and teachers, management, or policy. A member representing the congressional districts must not have been, during the succeeding five years, a member of a governing body of a public institution of higher learning in this State and must not be employed or have immediate family members employed by any of the public colleges and universities of this State. These members must be appointed for terms of four years and shall not serve on the commission for more than two consecutive terms. However, the initial term of office for a member appointed from an even-numbered congressional district shall be two years.
If the boundaries of the congressional districts are changed, members serving on the commission shall continue to serve until the expiration of their current terms, but successors to members whose terms expire must be appointed from the newly defined congressional districts. If a congressional district is added, the commission must be enlarged to include a representative from that district.
(2) Three members to serve ex officio to represent the public colleges and universities. 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. One member must be serving on the board of trustees of one of the following public senior research institutions: Medical University of South Carolina, Clemson University, and University of South Carolina. One member must be serving on the board of trustees of one of the following four-year public institutions of higher learning: Francis Marion University, Coastal Carolina University, Lander University, Winthrop University, The Citadel, South Carolina State University, College of Charleston, University of South Carolina-Spartanburg, and University of South Carolina-Aiken; provided that if the representative for this group of schools is chosen from either the University of South Carolina-Spartanburg or the University of South Carolina-Aiken, the representative must be chosen from the local area Higher Education Commission rather than a board of trustees; and provided further that the representative may not be chosen from either the University of South Carolina-Spartanburg or the University of South Carolina-Aiken when the research institution represented on the board is the University of South Carolina. One member must be a member of one of the local area technical education commissions or the State Board for Technical and Comprehensive Education to represent the State Board for Technical and Comprehensive Education. These members must be appointed to serve terms of two years. No institution may be represented for more than one consecutive term.
(3) One ex officio member to represent the independent colleges and universities. The individual appointed must be serving as a member of the Advisory Council of Private College Presidents. This member must be appointed for a term of two years, may not serve more than two consecutive terms, and shall serve as a nonvoting member.
(4) One at-large member to serve as chairman. This member shall serve a term of four years and may not succeed himself on the commission.
The Governor, by his appointments, shall assure that various economic interests and minority groups, especially women and blacks, are fairly represented on the commission and shall attempt to assure that the graduates of no one public or private college or technical college are dominant on the commission. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. All members of the commission shall serve until their successors are appointed and qualify. The chairman of the commission must be elected annually by the members of the commission and may not serve as chairman for more than four consecutive years. Members recommended by the General Assembly must be residents of the appropriate congressional district. If the boundaries of congressional districts are changed, members serving on the commission continue to serve until the expiration of their terms, but successors to members whose terms expire must be appointed from the newly defined congressional district. If a congressional district is added, the commission must be enlarged to include representation from that district."
(B) The 1976 Code is amended by adding:
"Section 59-103-45. In addition to the powers, duties, and functions of the Commission on Higher Education as provided by law, the commission, notwithstanding any other provision of law to the contrary, shall have the following additional duties and functions with regard to the various public institutions of higher education:
(1) establish procedures for the transferability of courses at the undergraduate level between two-year and four-year institutions or schools;
(2) coordinate with the State Board of Education in the approval of secondary education courses for the purpose of determining minimal college entrance requirements; and
(3) review undergraduate admissions standards for in-state and out-of-state students."
(C) Section 59-103-60 of the 1976 Code is amended to read:
"Section 59-103-60. The commission shall make such recommendations to the Governor's Office State Budget and Control Board and the General Assembly as to policies, programs, curricula, facilities, administration, and financing of all state-supported institutions of higher learning as may be considered desirable. The House Ways and Means Committee, the Senate Finance Committee, and the State Budget and Control Board may refer to the commission for investigation, study and report any requests of institutions of higher learning for new or additional appropriations for operating and for other purposes and for the establishment of new or expanded programs."
(D) Section 59-103-90 of the 1976 is amended to read:
"Section 59-103-90. An executive director must be appointed by the commission to manage and carry out the duties of the commission as prescribed by law and assigned by the commission. The executive director is not subject to the State Employee Grievance Procedure Act of 1982 and may be dismissed without cause.
A professional staff complement shall be established by the Commission on recommendation of the executive director which who shall insure ensure that there are persons on the staff who have the professional competence and experience to carry out the duties assigned and to insure ensure that there are persons on the staff who are familiar with the problems and capabilities of all of the principal types of state-supported institutions in the State. Provision shall be made for persons of high competence and strong professional experience in such the areas of academic affairs, public service and extension programs, business and financial affairs, institutional studies and long-range planning, student affairs, research and development, legal affairs, health affairs, institutional development, and for state and federal programs administered by the commission. The hiring of additional staff members to any position for which funds were not specifically appropriated by the General Assembly shall require prior approval by the General Assembly."
(E) A joint legislative committee to study the governance and operation of higher education in South Carolina and the institutional structures of higher education is established as follows:
(1) four members of the committee shall be appointed by the Speaker of the House of Representatives from that body and four members shall be appointed by the President Pro Tempore of the Senate from that body. At least one member of the committee appointed by the Speaker of the House from that body and at least one member of the committee appointed by the President Pro Tempore of the Senate from that body shall be an African-American, and at least one other member of the committee appointed by the Speaker of the House from that body and the President Pro Tempore of the Senate from that body must be a female. Four members of the committee must be appointed by the Governor, two of whom must represent the business community, one of whom must be an institutional trustee elected by the General Assembly, and one who must be a member of the Commission on Higher Education. A chairman shall be elected from among the membership of the committee. The committee shall be convened no later than July 1, 1995.
(2) The committee shall:
(a) conduct a comprehensive review of the current governance structure of higher education including statewide coordinating and oversight measures currently sustained.
(b) examine:
(i) national trends and reform efforts in higher education governance structures, including the advantages and disadvantages of increasing or decreasing the oversight role of state level governance of higher education;
(ii) the lines of authority and the relationship between the respective boards of trustees and the Commission on Higher Education;
(c) investigate how higher education opportunities are currently provided to South Carolina students by examining the structures of higher education institutions at all levels;
(d) address any other matters the committee considers necessary or appropriate.
(e) solicit topics of inquiry from all public and private institutions in the State and the Commission on Higher Education.
(3) At least one staff person shall be transferred to the committee from the Legislative Audit Council and from the State Reorganization Commission for the duration of the study. The study committee shall use this staff in conjunction with other professional staff. Legislative staff of the committee shall be the lead staff and the staff transferred to the committee from the Legislative Audit Council, and the State Reorganization Commission shall support the lead legislative staff. Upon completion of the workplan of the study and if the committee determines that more staff are needed to ensure a timely report and so requests, one additional professional staff person must be transferred from the Legislative Audit Council and from the State Reorganization Commission. The Commission on Higher Education and the staff of the public institutions of higher education shall cooperate fully with the committee including providing staff support and other in-kind resources as requested by the committee.
(4) The committee shall conclude its work and issue its final report by January 1, 1996, which shall serve as the decennial report of the Commission on Higher Education. The final report shall be submitted to the House Education and Public Works Committee and the Senate Education Committee, and must be considered the first report required by the Decennial section of the commission's Master Assessment plan, and upon submission of its final report, the committee shall be dissolved.
(5) Members of the committee shall receive the usual mileage, subsistence, and per diem paid by law to members of the General Assembly to be paid from approved accounts of both houses.
(F) The terms of the present members of the State Commission on Higher Education shall expire on July 1, 1995, at which time the members of the commission selected in the manner provided by this section shall take office./
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator ROSE proposed the following Amendment No. 200 (3362R304.MTR), which was tabled:
Amend the bill, as and if amended, Part II, on page 601, after line 31, by adding a new section to read:
TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 54 SO AS TO CREATE THE SOUTH CAROLINA DRUG IMPAIRED INFANTS ACT, TO AMEND SECTION 20-7-290, RELATING TO THE RENDERING OF HEALTH SERVICES TO MINORS WITHOUT PARENTAL CONSENT, SO AS TO PROVIDE THAT A PHYSICIAN PROVIDING CARE FOR A NEWBORN CHILD MAY ORDER TESTING FOR ALCOHOL AND OTHER DRUGS WITHOUT THE CONSENT OF PARENTS UNDER CERTAIN CIRCUMSTANCES, TO AMEND SECTION 20-7-510, RELATING TO THE REQUIREMENT THAT CERTAIN PERSONS REPORT INSTANCES OF CHILD ABUSE OR NEGLECT, SO AS TO ADD SUBSECTION (D) TO PROVIDE THE CIRCUMSTANCES UNDER WHICH PERSONS ARE REQUIRED TO REPORT POSITIVE RESULTS OF DRUG OR ALCOHOL TESTING PERFORMED ON A NEWBORN, TO AMEND SECTION 44-7-260, RELATING TO HOSPITALS, ETC. AND REQUIREMENTS FOR LICENSURE, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO FACILITY OR SERVICE THAT PROVIDES DIAGNOSTIC TREATMENT OR REHABILITATIVE SERVICES RELATED TO ALCOHOL OR OTHER DRUGS MAY REFUSE TO PROVIDE THESE SERVICES TO A WOMAN SOLELY BECAUSE THE WOMAN IS PREGNANT, TO AMEND SECTION 44-49-40, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO COORDINATE SERVICES OF THE DEPARTMENT RELATING TO PRENATAL SUBSTANCE ABUSE, TO AMEND SECTION 44-53-140, RELATING TO THE ALCOHOL AND DRUG ABUSE COMMITMENT, SO AS TO PROVIDE THAT EVIDENCE OBTAINED IN THE ADMINISTERING OF HEALTH CARE MAY NOT BE USED AGAINST THE PERSON SEEKING TREATMENT IN ANY PROCEEDING EXCEPT PROCEEDINGS INITIATED BY THE DEPARTMENT OF SOCIAL SERVICES, AND TO AMEND SECTIONS 59-32-20 AND 59-32-30, RELATING TO EDUCATION, SO AS TO PROVIDE FOR THE DEVELOPMENT AND INCLUSION OF APPROPRIATE DRUG EDUCATION CURRICULA CONCERNING THE EFFECTS OF ALCOHOL AND DRUG ABUSE.
Whereas, according to the "1991 South Carolina Prevalence Study of Drug Use Among Women Giving Birth", over fifteen thousand infants, representing approximately twenty-five percent of the births in this State, are born each year in this State to women who used alcohol, illegal drugs, or nonprescribed drugs during the latter stages of pregnancy; and
Whereas, the problem of alcohol and drug use among women giving birth is not limited to any one group of women or one area of the State and the percentage of women using alcohol and drugs varies by type of drug, geographic location, and characteristics of the women; and
Whereas, the use of alcohol and other drugs during pregnancy can have serious consequences on the health of the baby, on the woman, and on society in general; and
Whereas, prenatal exposure to alcohol and other drugs is associated with mental retardation, low birth weight, learning disabilities, drug withdrawal symptoms, cleft palate, and other facial abnormalities among infants; and
Whereas, alcohol and other drug use also is associated with increased risk of premature delivery, increased risk of premature separation of the placenta, and increased risk of miscarriage; and
Whereas, women who use alcohol and other drugs during pregnancy are more likely to have other poor health behaviors, such as smoking cigarettes, poor nutrition, inadequate prenatal care, starting prenatal care later and having no prenatal care at all, and are at a higher risk for hepatitis and sexually transmitted diseases; and
Whereas, the costs of these health problems to society are enormous and result from the increased need for neonatal intensive care due to premature and low weight births, social services, including the foster care system, and special education services; and
Whereas, the excess medical cost of caring for drug-exposed infants can easily exceed fifty thousand dollars an infant in the first year of life and the lifetime economic cost associated with each of the children severely affected by drugs before birth can exceed one million dollars. Now, therefore,
A. This act may be cited as the "South Carolina Drug Impaired Infants Act".
B. It is the policy of this State that:
(1) Prevention of harm to the fetus is the primary objective of this State and its subdivisions in formulating programs and policies to address the use of alcohol or other drugs during pregnancy.
(2) Programs and policies to address the use of alcohol or other drugs during pregnancy should concentrate on measures that improve the individual's ability to act responsibly. Punitive or coercive measures should be used only as a last resort.
(3) Prenatal harm can be caused by exposure to various drugs, including alcohol, and is often a result of multiple exposures as well as other influences, such as poor maternal health, malnutrition, and lack of prenatal care. The most effective way to prevent this harm is to improve the overall well-being and the self-esteem of women. Efforts to prevent prenatal harm should utilize innovative strategies aimed at the broad range of factors contributing to harm associated with prenatal substance abuse. New models of service delivery should be developed to increase the utilization of available services, using outreach and community-based services as means for identifying and serving the target population.
(4) The use of alcohol and other drugs by women places them at risk for the development of numerous physical and psychological problems. Women whose physical or psychological health is compromised have diminished capacity to care for themselves and their families as well as to participate meaningfully in the community in which they live. Alcohol and other drug abuse isolates women from the institutions of society which support the building and maintenance of self-respect and healthy relationships. Progress and policies of the State and its subdivisions should seek to promote health-enhancing behaviors in women and to develop treatment programs which improve the capacity of women to function fully within their communities.
(5) Prevention, treatment, rehabilitation, and support services for alcohol and other drug abuse, which reflect the unique needs of pregnant women, should be accessible and available to these women. Public and private funds and resources should be identified to implement model intervention programs. Providers of alcohol or drug treatment services must not discriminate against pregnant women or women of childbearing age in providing these services. Pregnant women should be given priority access to treatment services for alcohol or drug dependency.
(6) Adequate prenatal care, through the public and private sectors, should be available and accessible for every pregnant woman. In order to avoid deterring pregnant substance abusers from obtaining prenatal care at the earliest possible time, the privacy of the physician-patient relationship should be protected.
(7) All men and women of childbearing age should be educated about the physical, emotional, and medical effects of alcohol and other drug use during pregnancy. Appropriate educational materials and programs should be developed for use in schools. Educational efforts should emphasize prevention.
(8) All agencies with functions related to use of alcohol or other drugs by pregnant women, including health, social services, corrections, and law enforcement agencies, shall develop plans and interagency policies for coordination of services and resources. These plans and policies should provide for a continuum of services to prevent harm caused by prenatal exposure to alcohol or other drugs. They should include innovative strategies that take into consideration social conditions likely to affect the success of prevention or treatment initiatives, including housing, child care, transportation, and job training specific to women's needs.
(9) Health, social services, and educational agencies shall develop plans and interagency policies for coordination of services and resources to meet the special needs of children who have been harmed by prenatal exposure to alcohol and other drugs.
(10) Statutes, including statutes defining the authority of state or local agencies or providers of services, must be broadly construed to accomplish the policies set forth in this act.
(11) The policies provided for in this act shall be implemented through the cooperative efforts of state, county, and municipal legislative, judicial, and executive branches, as well as other public and private resources. Where resources are limited, services must be targeted to have the greatest impact on preventing harm associated with prenatal exposure to alcohol or other drugs.
C. Title 44 of the 1976 Code is amended by adding:
Assessment and Intervention in the
Perinatal Effects of Alcohol,
Controlled Substances, and Cigarettes
Section 44-54-10. A physician licensed in South Carolina who provides obstetrical or gynecological care to a patient who is pregnant shall counsel the patient on the perinatal effects of smoking cigarettes, the use of alcohol, and the use of a controlled substance as defined in Section 44-53-110, as well as other risk factors appearing to be present in the patient's life. A physician may fulfill this obligation by causing a nurse, social worker, or other allied health professional to provide the required counseling. A statement evidencing that this counseling has been provided and signed by the patient or by the person giving this counseling must be maintained as part of that patient's medical records.
Section 44-54-20. The South Carolina Department of Health and Environmental Control, in cooperation with the South Carolina Commission on Alcohol and Drug Abuse, shall develop and provide educational programs and materials to physicians who provide obstetrical or gynecological care, to other health care providers who provide services for pregnant women, to hospitals, and to other appropriate persons and entities. This information must include, but is not limited to:
(1) the effects of cigarettes, alcohol, and controlled substances on pregnancy and fetal outcome;
(2) how other aspects of a woman's life, such as poor nutrition and domestic violence, interact with substance abuse to affect fetal outcome;
(3) what services are available for addicted or substance-abusing women and their families;
(4) the harm done to fetuses from drug use by the mother; and
(5) the law relating to drug use during pregnancy-including the provisions of this chapter.
Section 44-54-30. The South Carolina Commission on Alcohol and Drug Abuse shall establish and maintain a toll-free information line to provide information on resources for substance abuse and to assist with referral for substance-abusing pregnant women.
Section 44-54-40. A pregnant woman referred for substance abuse treatment must receive first priority for use of available treatment. All records and reports regarding the pregnant woman are confidential. The South Carolina Commission on Alcohol and Drug Abuse shall ensure that family-oriented substance abuse treatment is available, as appropriations allow. Substance abuse treatment facilities that receive public funds may not refuse to treat a woman solely because she is pregnant.
Section 44-54-50. (A) A physician or health care provider, upon identification of a woman with a high risk pregnancy due to the abuse of alcohol or a controlled substance or whose newborn child reasonably appears to have been exposed to alcohol or controlled substances in utero, shall inform the woman of the availability of services offered by substance abuse programs and the option of referral to the South Carolina Commission on Alcohol and Drug Abuse Office of Women's Services.
(B) Upon consent by a woman identified in accordance with subsection (A) the physician or health care provider shall within seventy-two hours of making the identification make a referral to the South Carolina Commission on Alcohol and Drug Abuse Office of Women's Services. The commission's toll-free information line and any other reasonable means may be used for this purpose.
(C) Any individual providing a government service to a woman identified in accordance with subsection (A) may refer the woman, with the woman's consent, to the South Carolina Commission on Alcohol and Drug Abuse Office of Women's Services. The commission's toll-free information line and any other reasonable means may be used for this purpose.
(D) The South Carolina Commission on Alcohol and Drug Abuse Office of Women's Services promptly must refer each woman referred in accordance with subsections (B) or (C) to a substance abuse program licensed by the Department of Health and Environmental Control and chosen by the woman, or if the woman does not choose a substance abuse program licensed by the Department of Health and Environmental Control, to the county drug and alcohol abuse authority in the county in which the woman resides. This substance abuse program or county drug and alcohol abuse authority must provide assessment and interdisciplinary treatment to each woman for whom a referral is made in accordance with subsections (B) or (C), and must report to a physician or other health care provider treating the woman the failure of the woman to comply with any reasonable plan of assessment or treatment prescribed by the substance abuse program or the county drug and alcohol abuse authority.
(E) Nothing in this section shall preclude a physician or other mandated reporter from reporting abuse or neglect of a child as required pursuant to Section 20-7-510. Nothing in this section shall preclude or interfere with voluntary admission to a drug treatment facility or emergency drug treatment pursuant to Chapter 52 of Title 44.
(F) A physician, health care provider, or other individual providing a government service who in good faith substantially complies with this section is immune from any civil liability that otherwise might result by reason of this compliance.
(G) Referral and associated documentation resulting from compliance with this section is confidential and may not be used in any criminal prosecution.
(H) The consent required by subsections (B) and (C) is considered a waiver of confidentiality solely for the purpose of making the report pursuant to subsections (B) and (C)."
D. Section 20-7-290 of the 1976 Code is amended to read:
"Section 20-7-290. (A) Health services of any kind may be rendered to minors a minor of any age without the consent of a parent or legal guardian when, in the judgment of a person authorized by law to render a particular health service, such the services are deemed considered necessary unless such involves the services involve an operation which shall may be performed only if such it is essential to the health or life of such child the minor in the opinion of the performing physician and a consultant physician if one is available.
(B) A physician providing care for a newborn child may order testing for alcohol and other drugs without the consent of a parent or legal guardian if the testing is medically necessary to protect the health of the newborn child in the opinion of the performing physician. Consent from the mother should be sought before testing, if practicable.
(C) Information obtained from the drug or alcohol testing performed on a newborn must not be disclosed in a manner that would identify the child or parents to anyone other than the child's parents or guardian, except:
(1) to make a report pursuant to Section 20-7-510 and to cooperate with an investigation pursuant to such report;
(2) to obtain treatment or other services or benefits for the child or the child's family;
(3) as may be permitted by Section 44-53-140 pursuant to Chapter 52 of Title 44; or
(4) upon consent of a custodial parent or legal guardian.
Any person who discloses such information except as authorized in this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both."
E. Section 20-7-510 of the 1976 Code is amended by adding:
"(D) A person is not required to report based on positive results of drug or alcohol testing performed on a newborn unless the test results combine with one or more other factors, such as the infant's home or family situation or condition, to give the reporter reason to believe that a child's physical or mental health or welfare may be affected adversely by abuse or neglect while in the care of a parent, legal guardian, or custodian."
F. Section 44-7-260 of the 1976 Code is amended by adding:
"(F) No facility or service that provides diagnostic, treatment, or rehabilitative services related to the abuse of alcohol or other drugs may refuse to provide these services to a woman solely because the woman is pregnant. Pregnant women must be given priority access to these services. Diagnostic, treatment, or rehabilitative services must be provided in accordance with accepted professional standards applicable to the treatment of abuse of alcohol or other drugs in pregnant women. All treatment providers must ensure that family-oriented substance abuse treatment is available, as resources may allow."
G. Section 44-49-40(c) of the 1976 Code is amended by adding:
"(11) Coordinate these matters relating to prenatal substance abuse:
(a) study of issues related to prenatal substance abuse;
(b) development of prevention and treatment strategies;
(c) education of policymakers and other relevant professionals;
(d) identification of grants and other private funding sources and the coordination of efforts to obtain these funds; and
(e) provision of interagency communications and actions relating to the use of alcohol and other drugs during pregnancy."
H. Section 44-53-140 of the 1976 Code is amended to read:
"Section 44-53-140. (A) Whenever When a holder of the privilege shall seek seeks counselling, treatment, or therapy for any a drug problem from a confidant, no statement made by such the holder and no observation or conclusion derived from such the confidant shall be is admissible against such the holder in any proceeding. The results of any an examination to determine the existence of illegal or prohibited drugs in a holder's body shall are not be admissible in any proceeding against such the holder. The privilege belongs to the holder and if he the holder waives the right to claim the privilege the communication between the holder of the privilege and the confidant shall be is admissible in evidence in any proceeding. There is no privilege if the services of a confidant are sought to enable the holder of the privilege to commit or plan to commit a crime or a tort.
(B) When a person seeks prenatal care from a licensed health care provider, no statement made by the person and no observation or conclusion of the health care provider is admissible against the person in any proceeding. The results of an examination to determine the existence of alcohol or other drugs in the person's body or in the body of the newborn child of the person are not admissible in any proceeding against the person. However, the provider may release that information necessary to bring about the commitment of the person for alcohol or drug treatment pursuant to Section 44-52-110, where the release is consistent with professional standards of care. The provider also may release information necessary to judicial proceedings that are initiated by the Department of Social Services following a report under Section 20-7-510. The privilege belongs to the person and may be waived by the person."
I. Section 59-32-20 of the 1976 Code is amended by adding a new paragraph at the end of the section to read:
"All school districts shall develop and include in their drug and alcohol education programs in grades one through twelve, age appropriate drug education curricula concerning the physiological effects and problems before and after birth caused by the use of cigarettes, alcohol, and controlled substances."
J. Section 59-32-30(A) of the 1976 Code is amended by adding at the end:
"(7) Where appropriate to the students' age group, a program of instruction in reproductive health education or substance use or abuse must include instruction concerning the effects of the use and abuse of cigarettes, alcohol, and controlled substances on persons of reproductive age, pregnant women, and fetuses."
K. The South Carolina Commission on Alcohol and Drug Abuse shall ensure that a staff position is designated to carry out the functions required by Section 44-49-40(c)(11) of the 1976 Code as added by Section 8 of this act./
Amend sections, totals and title to conform.
Senator ROSE argued in favor of the adoption of the amendment.
Senator LAND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator MATTHEWS proposed the following Amendment No. 221 (GJK\21940SD.95), which was adopted:
Amend the bill, as and if amended, Part II, by adding a new section appropriately numbered to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 59-127-75 SO AS TO ALLOCATE A CERTAIN PORTION OF THE FUNDS DISTRIBUTED PURSUANT TO THE HIGHER EDUCATION FORMULA OF THE COMMISSION ON HIGHER EDUCATION TO THE FELTON-LABORATORY SCHOOL AT SOUTH CAROLINA STATE UNIVERSITY.
The 1976 Code is amended by adding:
"Section 59-127-75. Of the funds distributed pursuant to the higher education formula of the Commission on Higher Education, the Felton-Laboratory School at South Carolina State University shall receive each year one hundred percent of the funds it would have received for that year under the Education Finance Act, under the Education Improvement Act, and under aid to school districts-fringe benefits, as if it were a special school district. The calculation of the amount of funds which the Felton-Laboratory School is entitled to receive each year shall be made by the Department of Education."/
Amend sections, totals and title to conform.
Senator MATTHEWS explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
At 12:30 P.M., Senator MARTIN assumed the Chair.
Senators GREGORY, RYBERG, WILSON and RICHTER proposed the following Amendment No. 223 (PFM\7470AC.95), which was ruled out order:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 2-1-180, OF THE 1976 CODE, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING.
Section 2-1-180 of the 1976 Code is amended to read:
"Section 2-1-180. The regular annual session of the General Assembly shall adjourn sine die each year not later than 5:00 p.m. on the first second Thursday in June May. In any year that the House of Representatives fails to give third reading to the annual General Appropriations Bill by March thirty-first fifteenth, the date of sine die adjournment is extended by one statewide day for each statewide day after March thirty-first fifteenth that the House of Representatives fails to give the bill third reading. The session may also be extended by concurrent resolution adopted by a two-thirds vote of both the Senate and House of Representatives. During the time between 5:00 p.m. on the first second Thursday in June May and the extended sine die adjournment date, as set forth herein, no legislation or other business may be considered except the General Appropriations Bill and any matters approved for consideration by a concurrent resolution adopted by two-thirds vote in both houses."/
Amend sections, totals and title to conform.
Senator GREGORY explained the amendment.
Senator DRUMMOND raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senators DRUMMOND and HAYES spoke on the Point of Order.
The Acting PRESIDENT sustained the Point of Order.
Senator SETZLER asked unanimous consent to take up Amendment No. 222 for immediate consideration.
There was no objection.
Senator SETZLER proposed the following Amendment No. 222 (3362R122.NGS), which was adopted:
Amend the bill, as and if amended, Part IB, Section 19, Department of Education, page 427, Proviso 19.47, line 21, by striking the proviso in its entirety.
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator SETZLER asked unanimous consent to take up Amendment No. 220 for immediate consideration.
There was no objection.
Senator SETZLER proposed the following Amendment No. 220 (S-EDUC\008.SD), which was adopted:
Amend the bill, as and if amended, Part IB, Section 18A., Commission on Higher Education, page 418, Proviso 18A.25, lines 13 and 14, by striking the proviso in its entirety:
\18A.25. (CHE: S.C. State University - Felton Lab) Of the fund appropriated to support the higher education formula, $300,000 shall be allocated to South Carolina State University specifically for the Felton Laboratory School.\
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator SALEEBY asked unanimous consent to take up Amendment No. 111 for immediate consideration.
There was no objection.
Senator SALEEBY proposed the following Amendment No. 111 (S-EDUC\012.SD), which was adopted:
Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 198, line 8 by:
COLUMN 7 COLUMN 8
STRIKING: 1,022,310 860,072
INSERTING: 1,047,140 884,902
Amend sections, totals and title to conform.
Senator SALEEBY explained the amendment.
Senator SALEEBY moved that the amendment be adopted.
The amendment was adopted.
Senator ALEXANDER proposed the following Amendment No. 226 (JIC\5963AC.95), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO PROVIDE THAT CERTAIN QUADRIPLEGIC VENTILATOR-DEPENDENT PERSONS WHO QUALIFY TO RECEIVE MEDICAID SERVICES IN A NURSING HOME ARE DEEMED ELIGIBLE TO RECEIVE MEDICAID BENEFITS OUTSIDE OF A NURSING HOME.
Notwithstanding any provision of law or the State Medicaid Plan, a person who is eligible to receive Medicaid services in a nursing home is deemed eligible to receive Medicaid services in a setting outside of a nursing home if:
(1) the person who, because of injury or disease, is quadriplegic and ventilator-dependent; who requires twenty-four-hour care to support those body functions that are vital to maintain and sustain life including, but not limited to: respiratory integrity, bowel functions, urinary tract functions, weight shifting to prevent pressure sores, feeding, drinking, and transferring from the bed to provide mobility;
(2) the department has determined that:
(a) although nursing home care may be appropriate for this person, services provided outside of a nursing home will adequately sustain the person's life and provide a quality of life consistent with the person's potential, as determined by the department;
(b) the person demonstrates the potential for independent living, with minimal assistance;
(c) the person demonstrates the potential to contribute to his support, with appropriate life skills or occupational training;
(d) providing medicaid services to the person outside of a nursing home would result in a reduction in costs to the State Medicaid Program of at least twenty-five percent of the cost of nursing home care;
(e) all other requirements, as may be considered necessary by the department, are satisfactorily met.
The department must conduct periodic on-site reviews to determine that:
(1) the person's medical condition is not compromised by receiving services outside of a nursing home rather than in a nursing home;
(2) Medicaid funds are accounted for in accordance with applicable regulations and law;
(3) the person is making satisfactory progress toward maximizing his potential to achieve program goals;
(4) the person is achieving a satisfactory level of independence and quality of life that could not be improved by placement in a nursing home./
Amend sections, totals and title to conform.
Senator ALEXANDER explained the amendment.
Senator ALEXANDER moved that the amendment be adopted.
Senator LEATHERMAN raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
The ACTING PRESIDENT took the Point of Order under advisement.
Senator LEATHERMAN withdrew the Point of Order.
The amendment was adopted.
Senators PEELER, LANDER and SHORT proposed the following Amendment No. 227 (DKA\4009AC.95), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, RELATING TO ADDITIONAL ASSESSMENTS BASED ON FINES IMPOSED ON OFFENDERS IN GENERAL SESSIONS, FAMILY COURT, MAGISTRATE'S COURT, AND MUNICIPAL COURT, RESPECTIVELY, AND HOW THESE ASSESSMENTS ARE DISTRIBUTED, SO AS TO REDUCE BY ONE PERCENT THE AMOUNT TO BE CREDITED TO THE GENERAL FUND AND TO CREATE WITH THIS ONE PERCENT A FUND IN THE ATTORNEY GENERAL'S OFFICE UP TO FIVE HUNDRED THOUSAND DOLLARS FOR AID TO COUNTIES FOR EXPENSES IN DEATH PENALTY CASES.
A. Section 14-1-206(C) of the 1976 Code, as added by Part II, Section 36B, Act 497 of 1994, is amended to read:
"(C) The State Treasurer shall deposit the assessments as follows:
(1) 47.17 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;
(2) 16.52 percent to the Department of Public Safety program of training in the fields of law enforcement and criminal justice;
(3) .5 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the Department of Public Safety the department may retain the surplus for use in its law enforcement training programs;
(4) 16.21 percent to the Office of Indigent Defense for the defense of indigents;
(5) 13.26 percent for the State Office of Victim Assistance;
(6) 6.34 5.34 percent to the general fund.;
(7) 1.0 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, 'complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved has expended more than two hundred fifty thousand dollars for a particular case in direct support of operating the Court of General Sessions and for prosecution related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a 'first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the General Fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year."
B. Section 14-1-207(C) of the 1976 Code, as added by Part II, Section 36B, Act 497 of 1994, is amended to read:
"(C) The State Treasurer shall deposit the assessments as follows:
(1) 35.12 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;
(2) 22.49 percent to the Department of Public Safety program of training in the fields of law enforcement and criminal justice;
(3) .65 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the Department of Public Safety the department may retain the surplus for use in its law enforcement training programs;
(4) 20.42 percent for the State Office of Victim Assistance;
(5) 9.94 8.94 percent to the general fund;
(6) 11.38 percent to the Office of Indigent Defense for the defense of indigents.;
(7) 1.0 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, 'complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved has expended more than two hundred fifty thousand dollars for a particular case in direct support of operating the Court of General Sessions and for prosecution related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a 'first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the General Fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year."
C. Section 14-1-208(C) of the 1976 Code, as added by Part II, Section 36B, Act 497 of 1994, is amended to read:
"(C) The State Treasurer shall deposit the assessments as follows:
(1) 25.79 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;
(2) 25.5 percent to the Department of Public Safety program of training in the fields of law enforcement and criminal justice;
(3) .67 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the Department of Public Safety the department may retain the surplus for use in its law enforcement training programs;
(4) 19.06 percent for the State Office of Victim Assistance;
(5) 7.97 6.97 percent to the general fund;
(6) 19.38 percent to the Office of Indigent Defense for the defense of indigents;
(7) 1.63 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities.;
(8) 1.0 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, 'complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved has expended more than two hundred fifty thousand dollars for a particular case in direct support of operating the Court of General Sessions and for prosecution related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a 'first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the General Fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year."
D. This section takes effect July 1, 1995./
Amend sections, totals and title to conform.
Senators LANDER and SHORT explained the amendment.
Senator SHORT moved that the amendment be adopted.
The amendment was adopted.
At 1:03 P.M., the PRESIDENT assumed the Chair.
Senators JACKSON and SHORT proposed the following Amendment No. 215A (3362R139.DJ), which was adopted:
Amend the bill, as and if amended, Part IA, Section 3A, Leg. Dept.-Senate, page 3, line 1, by:
COLUMN 7 COLUMN 8
STRIKING: 216,142 216,142
INSERTING: 116,142 116,142
Amend the bill further, as and if amended, Part IA, Section 29, Department of Health and Human Services, page 229, after line 30 by inserting:
COLUMN 7 COLUMN 8
/Adolescent Pregnancy
Prevention Program 100,000 100,000/
Amend sections, totals and title to conform.
Senator JACKSON argued in favor of the adoption of the amendment.
Senator JACKSON moved that the amendment be adopted.
Senator COURTNEY moved to lay the amendment on the table.
Senator THOMAS raised a Point of Order that the motion to table was out of order inasmuch as another Senator had the floor.
The PRESIDENT sustained the Point of Order.
Senator JACKSON argued in favor of the adoption of the amendment.
Senator WASHINGTON argued in favor of the adoption of the amendment and Senator GIESE argued contra.
Senator HAYES argued contra to the adoption of the amendment.
Senator HAYES moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Courson Courtney Giese Gregory Hayes Martin McConnell Mescher O'Dell Peeler Richter Ryberg Smith, J.V. Stilwell Thomas Waldrep Wilson
NAYS
Bryan Cork Elliott Jackson Land Lander Leatherman Leventis Matthews McGill Moore Patterson Rankin Reese Saleeby Short Smith, G. Washington
The Senate refused to table the amendment. The question then was the adoption of the amendment.
The amendment was adopted.
Senator ROSE desired to be recorded as voting against the motion to table the amendment.
I voted against Amendment No. 215A because it was not clear that the program to be financed would cause more good than would the program that would be deleted, and it was not clear how much harm would result from deletion of funds from the Children's Study Committee to finance the new program. Moreover, it was not clear exactly what would be the content of the program to be financed, and whether any part of the program would be objectionable. Cutting funding for one program to finance another longstanding program for children should be done only after due consideration by an appropriate committee. This amendment never was considered by a committee.
Senator ELLIOTT proposed the following Amendment No. 173 (JIC\5939HTC.95), which was tabled:
Amend the bill, as and if amended, Part IA, Section 6C, page 0035, line 31, columns (7) and (8), by inserting:
/67,500/.
Amend sections, totals and title to conform.
Senator ELLIOTT explained the amendment.
Senator LAND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator PATTERSON proposed the following Amendment No. 190A (PT\1986BDW.95), which was adopted:
Amend the bill, as and if amended, Part IA, Section 10, State Treasurer's Office, page 42, after line 6 by inserting:
(7) (8)
/Senior Assistant
State Treasurer 65,000 65,000
(1.00) (1.00)/
Amend the bill further, as and if amended, Part IA, Section 10, State Treasurer's Office, page 43, line 7, by striking columns (7) and (8) and inserting:
/(7) (8)
553,027 536,166/
Amend sections, totals and title to conform.
Senator PATTERSON explained the amendment.
Senator PATTERSON moved that the amendment be adopted.
Senator BRYAN moved to lay the amendment on the table.
The Senate refused to table the amendment. The question then was the adoption of the amendment.
The amendment was adopted.
Senator COURSON proposed the following Amendment No. 155 (JIC\5956HTC.95), which was tabled:
Amend the bill, as and if amended, Part IA, Section 10, State Treasurer, page 0043, line 13 by inserting in columns (7) and (8): /65,950/.
Amend sections, totals and title to conform.
Senator COURSON explained the amendment.
Senator BRYAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator LAND proposed the following Amendment No. 150 (012.DGJ), which was adopted:
Amend the bill, as and if amended, Part IA, Section 14, Commission on Indigent Defense, page 52, lines 3, 4, 5 and 6 by striking:
the lines in their entirety.
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senators MATTHEWS, PATTERSON, WASHINGTON, GLOVER and FORD proposed the following Amendment No. 104 (3362R109.JWM), which was adopted:
Amend the bill, as and if amended, Part IA, Section 18A, COMMISSION ON HIGHER EDUCATION, page 96, after line 4, by adding:
COLUMN 7 COLUMN 8
African-American Loan Program 330,000 330,000
Amend the bill further, as and if amended, Part IB, Section 18A, COMMISSION ON HIGHER EDUCATION, page 418, after line 14, by adding a new proviso to read:
/18A. .(African-American Loan Program) Of the funds apppropriated to the Commission on Higher Education for the African-American Loan Program, $130,000 must be distributed to South Carolina State University, $100,000 to Benedict College, and $100,000 to Voorhees College for a loan program with the major focus of attracting African-American males to the teaching profession./
Amend sections, totals and title to conform.
Senator MATTHEWS explained the amendment.
Senator DRUMMOND spoke on the amendment.
Senator MATTHEWS moved that the amendment be adopted.
The amendment was adopted.
Senator O'DELL proposed the following Amendment No. 144 (S-EDUC\017.EMS), which was adopted:
Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 189, line 17 by:
COLUMN 7 COLUMN 8
STRIKING: $98,945,742
( ) ( )
INSERTING: $95,885,742
( ) ( )
Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 195, line 37 by inserting:
COLUMN 7 COLUMN 8
Alloc EIA - Dropout Program $3,060,000
Amend sections, totals and title to conform.
Senator O'DELL explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator ROSE proposed the following Amendment No. 143 (3362R136.MTR), which was tabled:
Amend the bill, as and if amended, Part IA, Section 33, Department of Alcohol & Other Drug Abuse Services, page 253, after line 29 by inserting:
COLUMN 7 COLUMN 8
Substance Abuse Treatment
Program for Pregnant Women 200,000 200,000
Amend sections, totals and title to conform.
Senator ROSE argued in favor of the adoption of the amendment and Senator LAND argued contra.
Senator ROSE moved that the amendment be adopted.
Senator LAND moved to lay the amendment on the table.
The amendment was laid on the table.
Having voted on the prevailing side, Senator PEELER asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 160A (17318AC.95) proposed by Senators PEELER, LANDER, SHORT and LAND, was adopted.
The motion to reconsider was adopted.
The Senate proceeded to a consideration of Amendment No. 160A.
On motion of Senator PEELER, with unanimous consent, Amendment No. 160A was withdrawn.
Senator BRYAN proposed the following Amendment No. 185A (PT\1989HTC), which was tabled:
Amend the bill, as and if amended, Part IA, Section 41, Department of Corrections, page 287, line 22, by striking columns (7) and (8) and inserting:
/(7) (8)
112,845,324 109,610,324/
Amend the bill further, as and if amended, Part IA, Section 41, Department of Corrections, page 290, line 20, by striking columns (7) and (8) and inserting:
/(7) (8)
52,557,434 46,753,240/
Amend sections, totals and title to conform.
Senator BRYAN argued in favor of the adoption of the amendment.
Senator DRUMMOND spoke on the amendment.
Senator BRYAN moved that the amendment be adopted.
Senator DRUMMOND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Courtney Drummond Elliott Glover Hayes Holland Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Saleeby Setzler Smith, J.V. Washington Wilson
NAYS
Bryan Cork Giese Gregory Reese Richter Rose Ryberg Smith, G. Stilwell Thomas Waldrep
The amendment was laid on the table.
The PRESIDENT took up the Point of Order raised by Senator LEATHERMAN that Amendment No. 158 (3362R229.MTR) proposed by Senator ROSE was out of order inasmuch as it was not germane to the Bill.
The PRESIDENT sustained the Point of Order.
Amendment No. 158 was ruled out of order.
The PRESIDENT took up the Point of Order raised by Senator LEATHERMAN that Amendment No. 159 (3362R228.MTR) proposed by Senator ROSE was out of order inasmuch as it was not germane to the Bill.
The PRESIDENT sustained the Point of Order.
Amendment No. 159 was ruled out of order.
The PRESIDENT took up the Point of Order raised by Senator J. VERNE SMITH that Amendment No. 197 (GJK\21962CM.95) proposed by Senator LEVENTIS was out of order inasmuch as it was violative of Section 11-11-440, S.C. Code of Laws, 1976, as amended.
The PRESIDENT sustained the Point of Order.
Amendment No. 197 was ruled out of order.
The PRESIDENT took up the Point of Order raised by Senator BRYAN that Amendment No. 112 (3362R113.PPL) proposed by Senator LEVENTIS was out of order inasmuch as it was not germane to the Bill.
The PRESIDENT overruled the Point of Order.
The Senate proceeded to a consideration of Amendment No. 112.
Senator LEVENTIS argued in favor of the adoption of the amendment.
Senator LEATHERMAN raised a Point of Order that Amendment No. 112 was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase... new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act."
Senators LEATHERMAN, LEVENTIS and RICHTER spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator LEVENTIS argued in favor of the adoption of the amendment.
Senator LEVENTIS moved that the amendment be adopted.
Senator DRUMMOND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Bryan Drummond Giese Glover Holland Jackson Land Lander Leatherman Martin Matthews McGill Mescher Moore O'Dell Patterson Reese Ryberg Saleeby Smith, J.V. Stilwell Thomas Williams
NAYS
Cork Courson Courtney Elliott Ford Gregory Hayes Leventis McConnell Passailaigue Peeler Rankin Richter Rose Setzler Short Smith, G. Waldrep Wilson
The amendment was laid on the table.
Senator DRUMMOND proposed the following Amendment No. 225 (GJK\21965SD.95), which was adopted:
Amend the bill, as and if amended, Part IA, Section 44 - FORESTRY COMMISSION, by adding immediately after line 17, page 299
(7) (8)
/H. Cooper Black Jr. Memorial
Field Trial & Recreation Area 50,000 50,000/
Amend sections, totals and title to conform.
Senator DRUMMOND explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator SETZLER proposed the following Amendment No. 219 (S-EDUC\003.SD), which was adopted:
Amend the bill, as and if amended, Part IB, Section 3, Legislative Department, page 385, proviso 3.40, line 5, by striking lines 5 through 18 and inserting:
\3.40 (LEG: Study Committee - Education) A joint House and Senate study committee shall be established to undertake a comprehensive review of the programs and funding of public education. The committee shall, among other issues, examine the methods of allocating state funds, the programs supported by state appropriations, and the procedures for providing accountability for ways to better promote the State's educational goals. The fourteen members of the committee shall be as follows: two representatives each from the Senate Finance Committee, Senate Education Committee, House Ways and Means Committee, and House Education and Public Works Committee, appointed by the respective committee chairmen; and one member appointed by the Governor, one member appointed by the State Superintendent of Education, one member appointed by the Business-Education Partnership Committee, one member appointed by the Joint Subcommittee of the Business-Education Partnership, and one member appointed by the Select Committee. The staffs of the Senate Education Committee and the House Education and Public Works Committee shall work to secure the appointments to the study committee and forty-five days after the passage of this Act shall poll the appointees made to that date to determine a suitable meeting date. The chairman of the Senate Finance Committee shall convene the initial meeting of the committee, at which time the committee shall organize. The study committee shall issue a report of its findings with recommendations to the General Assembly. Agencies receiving appropriations in this Act shall cooperate with the study committee. Up to $4,000 in General Funds appropriated in this Act to House and Senate accounts may be used to assist the committee in its work.\.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator COURSON proposed the following Amendment No. 154 (JIC\5957HTC.95), which was adopted:
Amend the bill, as and if amended, Part 1B, Section 10, State Treasurer, page 393, by adding an appropriately numbered paragraph at the end to read:
/10.__ (TREAS: Management Fee) The State Treasurer is authorized to charge a fee for the operating and management costs associated with the Local Government Investment Pool and the Deferred Compensation Program and is further authorized to retain and expend the fees to provide these services. The fees assessed may not exceed the cost of the provision of such services./
Amend sections, totals and title to conform.
Senator COURSON explained the amendment.
Senator COURSON moved that the amendment be adopted.
The amendment was adopted.
At 3:25 P.M., Senator SHORT assumed the Chair.
Senators LANDER and LAND proposed the following Amendment No. 180 (DKA\3981CM.95), which was adopted:
Amend the bill, as and if amended, Part 1B, Section 14, COMMISSION ON INDIGENT DEFENSE, Proviso 14.1, Section 16-3-26(C)(2), page 396, by striking lines 12 through 16 and inserting the following:
/(2) Court-appointed counsel seeking payment for fees and expenses shall request these payments from the Office of Indigent Defense within thirty days after the completion of the case. Provided upon Upon exhaustion of the funds provided through the Office of Indigent Defense, any outstanding awards of attorney fees or expenses shall be is the obligation of the county. For the purposes of this statute, exhaustion of the funds shall occur if the funds administered by the Office of Indigent Defense and reserved for death penalty fees and expenses have been reduced to zero. If either the Death Penalty Trial Fund or the Conflict Fund has been exhausted in a month and the other fund contains money not scheduled to be disbursed in that month, then the Indigent Defense Commission must transfer a sufficient amount from the fund with the positive fund balance to the fund with no balance and pay the obligation to the extent possible./
Amend sections, totals and title to conform.
Senator LANDER explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senators LANDER and RICHTER proposed the following Amendment No. 181 (DKA\3982CM.95), which was tabled:
Amend the bill, as and if amended, Part 1B, SECTION 14, COMMISSION ON INDIGENT DEFENSE, Proviso 14.1, page 395, by deleting beginning on line 29:
/If all funds in either the Death Penalty Trial Fund or the Conflict Fund are exhausted before the end of the fiscal year, any outstanding awards of attorney fees or expenses shall be the obligation of the county./
Amend further, SECTION 14, COMMISSION ON INDIGENT DEFENSE, Proviso 14.1, Section 16-3-26(C)(2), page 396, by striking lines 12 through 16, and inserting:
/(2) Court-appointed counsel seeking payment for fees and expenses shall request such payments from the Office of Indigent Defense within thirty days after the completion of the case. Provided upon exhaustion of the funds provided through the Office of Indigent Defense, any outstanding awards of attorney fees or expenses shall be the obligation of the county. For the purposes of this statute, exhaustion of the funds shall occur if at any time the funds administered by the Office of Indigent Defense and reserved for death penalty fees and expenses have been reduced to zero./
Amend further, SECTION 14, COMMISSION ON INDIGENT DEFENSE, Proviso 14.1, beginning page 395, by adding an appropriately lettered subsection to read:
/( ) The Judicial Department biennially shall develop and make available to the public a list of standard fees and expenses associated with the defense of an indigent person in a death penalty case./
Amend further, SECTION 14, COMMISSION ON INDIGENT DEFENSE, by deleting Proviso 14.3, beginning on line 27.
Renumber subsections and amend sections, totals and title to conform.
Senator LANDER explained the amendment.
Senator LAND spoke on the amendment.
Senator LAND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator MOORE proposed the following Amendment No. 209 (3362R125.TLM), which was adopted:
Amend the bill, as and if amended, Part IB, Section 17, Budget and Control Board, page 400, after line 7, by inserting a new proviso to read:
/17. .(BCB: Division Reductions) The Budget and Control Board may transfer funds between programs within a Division for the purpose of managing any specific line item reduction but shall not transfer any funds from Section 17F, Employee Benefits, in order to supplant any base reductions imposed in the other Divisions of the Board./
Amend sections, totals and title to conform.
Senator MOORE explained the amendment.
Senator MOORE moved that the amendment be adopted.
The amendment was adopted.
At 4:00 P.M., the PRESIDENT assumed the Chair.
Senators WILLIAMS, HOLLAND and MOORE proposed the following Amendment No. 207 (3362R213.MBW), which was adopted:
Amend the bill, as and if amended, Part IA, Section 34, Department of Public Safety, page 256, line 6, by:
COLUMN 7 COLUMN 8
STRIKING: 3,383,347 2,998,810
( ) ( )
INSERTING: 4,194,800 3,810,263
( ) ( )
Amend sections, totals and title to conform.
Senator HOLLAND explained the amendment.
Senator HOLLAND moved that the amendment be adopted.
The amendment was adopted.
Senators ROSE and CORK proposed the following Amendment No. 187 (3362R133.MTR), which was tabled:
Amend the bill, as and if amended, Part IB, Section 19, Department of Education, page 430, after line 2, by adding a new proviso to read:
/19. . (Expanded use of Transportation Property and Services) The Department of Education School Bus Maintenance Shops shall be permitted, on a cost reimbursable basis, to deliver transportation maintenance and services to vehicles owned or operated by public agencies in South Carolina or their agents./
Amend sections, totals and title to conform.
Senator ROSE argued in favor of the adoption of the amendment and Senator SETZLER argued contra.
Senator SETZLER moved to lay the amendment on the table.
The amendment was laid on the table.
Senators ROSE and CORK proposed the following Amendment No. 188 (3362R134.MTR), which was tabled:
Amend the bill, as and if amended, Part IB, Section 19, Department of Education, page 430, after line 2, by adding a new proviso to read:
/19. . (Vehicle Supplanting) The Department of Education School Bus Maintenance Shops shall be permitted to fuel non-state owned school buses that are operating in lieu of state owned school buses to deliver school transportation services in support of state-mandated public school programs. Further, this fuel shall not be subject to the South Carolina Motor Fuel Taxes./
Amend sections, totals and title to conform.
Senator ROSE argued in favor of the adoption of the amendment and Senator SETZLER argued contra.
Senator LEVENTIS spoke on the amendment.
Senator LEVENTIS moved to lay the amendment on the table.
The amendment was laid on the table.
Senators ROSE and CORK proposed the following Amendment No. 189 (3362R135.MTR), which was tabled:
Amend the bill, as and if amended, Part IB, Section 19, Department of Education, page 430, after line 2, by adding a new proviso to read:
/19. . (School Bus Motor Fuel Tax Exemption) School buses operated by school districts, Head Start agencies, or their agents, for the purpose of transporting students for school and school related activities, shall not be subject to South Carolina Motor Fuel Taxes. Further, school districts, Head Start agencies, or their agents may purchase this fuel, on a cost reimbursable basis from the Department of Education School Bus Maintenance Shops./
Amend sections, totals and title to conform.
Senator ROSE argued in favor of the adoption of the amendment and Senator SETZLER argued contra.
Senator ROSE moved that the amendment be adopted.
Senator LAND moved to lay the amendment on the table.
The amendment was laid on the table.
At 4:15 P.M., on motion of Senator PEELER, the Senate receded from business not to exceed fifteen minutes.
At 4:32 P.M., the Senate resumed.
Senator ALEXANDER proposed the following Amendment No. 47 (S-EDUC\001.EMS), which was adopted:
Amend the bill, as and if amended, Part 1B, Section 19, Department of Education, page 430, line 3, by adding a new proviso to read:
/19. . (SDE: Task Force - Community-Based Education Programs) A task force is created to examine cost effective community-based educational programs to meet the needs of truants, other status offenders, and students who have not been successful in school and face expulsion. The twelve member task force shall be: one private citizen who has worked with at-risk students to be appointed by the Governor, one member of the State Board of Education appointed by the Chairman of the State Board, one high school and one middle school teacher appointed by the State Superintendent of Education, one educator involved in alternative programs appointed by the State Superintendent, two school district superintendents appointed by the South Carolina School Administrators Association, one individual involved in a residential alternative program appointed by the director of the Department of Juvenile Justice, one staff from the Department of Social Services appointed by the director of the Department, one probation officer appointed by the director of the Department of Probation, Pardon, and Parole, one public defender who handles cases involving juveniles appointed by the South Carolina Bar Association, and one solicitor appointed by the Prosecution Coordination Commission.
The task force will be fully trained in Quality Management problem-solving techniques and strategies in order to assist them in conducting the study. The task force will be staffed by staff from the Ways and Means Committee and Education and Public Works Committee of the House of Representatives and by the Finance Committee and Education Committee of the Senate. Expenses incurred by the committee members shall be borne by the employing agency or entity. Travel expenses incurred by the members who are private citizens, no more than $500, shall be paid from funds appropriated in Part IA, Section 19, X.H. EIA Implementation.
The task force will submit a report with any recommendations by January 1, 1996 to the Senate Finance Committee, the Senate Education Committee, the House Ways and Means Committee and the House Education and Public Works Committee./.
Amend sections, totals and title to conform.
Senator ALEXANDER explained the amendment.
Senator ALEXANDER moved that the amendment be adopted.
The amendment was adopted.
Senator MARTIN proposed the following Amendment No. 217 (3362R222.LAM), which was adopted:
Amend the bill, as and if amended, Part IB, Section 19, Department of Education, page 430, after line 3, by adding a new proviso to read:
/ . Funds appropriated, pursuant to this act or any other act, to the Department of Education for the purpose of effectuating a settlement of the Darlington Desegregation lawsuit brought against the State of South Carolina or any of its political subdivisions may not be transferred or expended for any purpose other than the lawsuit for which the funds were appropriated./
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator SETZLER proposed the following Amendment No. 218 (3362R237.NGS), which was adopted:
Amend the bill, as and if amended, Part IB, Section 19, page 430, after line 3, by adding an appropriately numbered section to read:
/19 . Notwithstanding any other provision of law, regulation, or policy to the contrary, funds shall be paid from the Insurance Reserve Fund sufficient for the hiring of expert witnesses, consultants, and other attorneys on behalf of the Senate and House of Representatives as may be necessary for the defense of the State and the other defendants in Allendale County, et al. vs. State of South Carolina, et al., Lee County Civil Action No. 93-CP-31-169. The respective defendants shall have the sole discretion, either collectively or individually, to hire such expert witnesses, consultants, and counsel as is deemed necessary, provided that such expenses shall be reasonable in relation to the fees paid in other complex litigation cases./
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator ROSE proposed the following Amendment No. 145 (3362R206.MTR), which was tabled:
Amend the bill, as and if amended, Part IB, Section 19A, Department of Education - EIA, page 438, after line 39, by adding a new proviso to read:
/19A. Notwithstanding any other provision of law, of the funds appropriated under Part IA, Department of Education, Education Improvement Act and distributed to a school district, a district may expend up to twenty-five percent of its total funds at its discretion, provided that such expenditures shall be made on programs which are funded under the EIA for fiscal year 1995-96./
Amend sections, totals and title to conform.
Senator ROSE argued in favor of the adoption of the amendment.
Senator ROSE moved that the amendment be adopted.
Senator SETZLER moved to lay the amendment on the table.
The amendment was laid on the table.
Senators SETZLER and HAYES proposed the following Amendment No. 99 (S-EDUC\002.SD), which was adopted:
Amend the bill, as and if amended, Part IB, Section 19, Department of Education, page 437, Proviso 19A.59, beginning with line 43 by striking the proviso in its entirety and inserting the following:
/19A.59. (SDE-EIA: XN - Parent Education) Funds appropriated in Part IA, Section 19X.N. shall be used to fund those sites continuing to operate as Parent Education technical assistance sites in FY 1995-96 at a level no less than eighty-five percent of the amount received in the prior year./
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senators SETZLER and HAYES proposed the following Amendment No. 143A (S-EDUC\020.SD), which was adopted:
Amend the bill, as and if amended, Part IB, Section 19, Department of Education, page 437, Proviso 19A.59, beginning with line 43 by striking the proviso in its entirety and inserting the following:
/19A.59. (SDE-EIA: XM-Dropout and XN Parent Education) Funds appropriated in Part IA, Section 19X.M. shall be used to fund those projects operating in the prior fiscal year as Dropout Prevention and Retrieval Programs whose evaluations show them to be effective, who agree to continue to serve as technical assistance sites, and meet the criteria developed by the Department of Education in consultation with the Select Committee at a level not less than eighty-five percent of the amount received in the prior fiscal year. Funds appropriated in Part IA, Section 19X.N. shall be used to fund those sites continuing to operate as Parent Education technical assistance sites in FY 1995-96 at a level not less than eighty-five percent of the amount received in the prior year.\
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator SETZLER proposed the following Amendment No. 79 (S-EDUC\009.SD), which was adopted:
Amend the bill, as and if amended, Part IB, Section 28, State Museum Commission, page 445, Proviso 28.7, line 16, by inserting after the word \children\ and before the word \that\:
\from South Carolina who have made reservations\
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senators GREG SMITH, RYBERG, COURTNEY, WALDREP, GREGORY, LEVENTIS, PEELER, STILWELL, RANKIN and GIESE proposed the following Amendment No. 232 (3362R138.GS), which was adopted:
Amend the bill, as and if amended, Part IB, Section 49, Department of Parks, Recreation and Tourism, page 470, after line 41, by adding a new proviso to read:
/49. . (PRT: Study of Beach Jogging/Walking Trail Markers) The Department of Parks, Recreation and Tourism shall conduct a feasibility study, for planning the promotion of tourism, healthy lifestyles and recreation in the State of South Carolina, by placing jogging/walking trail markers one-half mile apart along the beaches of the State. The markers to be considered should be in harmony with the surrounding natural landscape and/or wildlife. The Department shall expend monies for the study from funds appropriated to the Department for agency operations. The study must consider the environmental issues concerning the placement of these markers and must be of a minimum cost to the State. The Department must conduct this study in concert with the local governing entities of the coastal regions./
Amend sections, totals and title to conform.
Senator GREG SMITH explained the amendment.
Senator GREG SMITH moved that the amendment be adopted.
The amendment was adopted.
Senator DRUMMOND proposed the following Amendment No. 42 (001.RDY), which was tabled:
Amend the bill, as and if amended, Part II, Section 48, page 522, line 35, by striking: Section 48 in its entirety.
Amend sections, totals and title to conform.
Senators DRUMMOND and J. VERNE SMITH argued in favor of the adoption of the amendment and Senator LAND argued contra.
Senator WILLIAMS argued contra to the adoption of the amendment.
Senator PASSAILAIGUE argued contra to the adoption of the amendment.
At 6:20 P.M., Senator RANKIN assumed the Chair.
Senator PASSAILAIGUE continued arguing contra to the adoption of the amendment.
Senator PATTERSON argued contra to the adoption of the amendment.
Senator BRYAN argued in favor of the adoption of the amendment.
Senator PEELER spoke on the amendment.
Senator LAND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Cork Courson Courtney Elliott Giese Glover Gregory Hayes Holland Jackson Land Leatherman Leventis Martin McConnell McGill Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Rose Ryberg Short Wilson
NAYS
Bryan Drummond Ford Lander Matthews Mescher Richter Setzler Smith, G. Smith, J.V. Thomas Waldrep Washington Williams
PAIRED
Stilwell (Present) Nay
Saleeby (Absent) Aye
The amendment was laid on the table.
Senator DRUMMOND spoke on the Bill.
At 7:05 P.M., on motion of Senator J. VERNE SMITH, the Senate receded from business not to exceed twenty minutes.
At 7:25 P.M., the Senate resumed.
Senator PEELER proposed the following Amendment No. 95 (JIC\5925HTC.95), which was tabled:
Amend the bill, as and if amended, Part II, Section 55, page 529, line 14, by striking:
/ten thousand dollars/ and inserting /a uniform percentage/
Amend further, by striking the quotation mark on line 18 and inserting:
/The uniform percentage must be calculated annually by August fifteenth by the Department of Revenue and Taxation in consultation with the Comptroller General by dividing the funds appropriated for the fiscal year to reimburse local taxing entities for this exemption by the estimate of the total of property taxes imposed for operating purposes for the tax year on property eligible for the exemption. The uniform percentage calculation must be promptly certified to the appropriate county tax officials."/
Amend sections, totals and title to conform.
Senator PEELER argued in favor of the adoption of the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senators PASSAILAIGUE and WILSON desired to be recorded as voting against the motion to table the amendment.
Senators HAYES and LAND proposed the following Amendment No. 231 (PT\1996DW.95), which was adopted:
Amend the bill, as and if amended, Part II, Section 67, page 577, by adding an appropriately lettered subsection to read:
/___. Section 12-21-2782 of the 1976 Code as added by Act 164 of 1993, is amended to read:
The commission shall promulgate rules and regulations regarding the types of machines and equipment that must be licensed and the costs associated with inspection. Notwithstanding the provisions of Section 12-21-2774(1), any machine of a type licensed as of July 1, 1993, in this State and which satisfies the conditions of Section 12-21-2776(B) may continue to operate for five years from July 1, 1993. This section may not be construed as authorizing cash payouts for credits earned after the effective date of a referendum prohibiting such payouts.
(A)(1) The Department of Revenue and Taxation shall promulgate rules and regulations regarding the types of machines that may be licensed providing for minimum technical standards for video game machines, including standards to ensure that the games are random, have a minimum payback of at least eighty percent, are secure and accountable, do not operate in a misleading or deceptive manner, and are capable of interfacing with a computerized monitoring system to be selected by the department. The regulations may also provide for the payment of the cost associated with the inspection and licensing of machines and investigation and licensing of manufacturers and distributors in the development of these technical standards. The department may contract with a qualified laboratory for the inspection of machines and may impose the cost of inspection upon the manufacturer or distributor seeking approval of the machines. All video game machines licensed in this State on or after June 1, 1998, must be in compliance with all rules and regulations, including the minimum technical standards.
(2) The technical standards established by the department must be designed so as to maximize competition in the market place among manufacturers of machines to be licensed by the department. Any computerized monitoring system purchased, leased, or operated by the department pursuant to subsection (B) must provide that all game machines meeting the technical standards must be connected in a non-discriminatory manner.
(B) The department may contract for the purchase, lease, or operation of a computer monitoring system to which video game machines must be connected no later than July 1, 1998. The system shall provide for monitoring of the video game machines either through the use of an on-line system or the use of a dial-up system with cluster controllers, remote EPROM verification, ticket validation, central registration of machines, daily collection of accounting and security data, and the ability to disable a machine in the event of a violation of any material rule or regulation, such violation having been determined to have occurred after a hearing or an opportunity for a hearing pursuant to the Administrative Procedures Act. Any system used by the department must be compatible for connection with any machine that meets the technical requirements established by the department./
Reletter subsections to conform.
Amend sections, totals and title to conform.
Senator HAYES argued in favor of the adoption of the amendment.
Senator HAYES moved that the amendment be adopted.
The amendment was adopted.
Senator BRYAN proposed the following Amendment No. 140A (DKA\3997BDW.95), which was adopted:
Amend the bill, as and if amended, SECTION 67, Part II, page 577, by adding an appropriately lettered subsection to read:
/__. Section 12-21-2720 of the 1976 Code, as last amended by Section 39, Part II, Act 497 of 1994, is further amended by adding an appropriately lettered subsection to read:
"( ) The license fees permitted by subsections (B) and (D) may be imposed in addition to applicable local business license fees on gross income as authorized by statute."/
Amend sections, totals and title to conform.
Senator BRYAN argued in favor of the adoption of the amendment.
Senator BRYAN moved that the amendment be adopted.
The amendment was adopted.
Senator LEATHERMAN proposed the following Amendment No. 169 (JIC\5961HTC.95), which was adopted:
Amend the bill, as and if amended, Part II, Section 71, page 581, by striking Subsection C and inserting:
/C. Article 1, Chapter 31, Title 12 of the 1976 Code is amended by adding:
"Section 12-31-60. In lieu of all other penalties and interest provided by law, penalties and interest provided under the International Fuel Tax Agreement apply to all reports filed with the State as a result of the International Fuel Tax Agreement."
D. This section takes effect January 1, 1996./
Amend sections, totals and title to conform.
Senator DRUMMOND explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator RICHTER proposed the following Amendment No. 241A (3362R143.LER), which was adopted:
Amend the bill, as and if amended, PART II, SECTION 79, page 586, by striking lines 37 through 43 and on page 587, by striking lines 1 through 15, and inserting the following to read:
/B. Section 48-47-175 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 48-47-175. A.(A) There is imposed a tax of six two hundred thirty-five dollars a cubic foot on each cubic foot of low-level radioactive waste disposed of in this State.
B.(B) The owner or operator of a low-level radioactive waste disposal facility shall, no later than 30 thirty days following the end of each quarter, shall submit the following to the South Carolina Department of Revenue and Taxation:
(1) a report detailing the quantity, by class, and type of waste disposed of during the previous calendar quarter; and
(2) a check made payable to the South Carolina Department of Revenue and Taxation for the amount of tax imposed in (A) above.
C.(C) The Ninety-five percent of the revenues collected under pursuant to this section shall must be allocated credited to the Education Finance Act until such time as the program is fully funded. Any excess revenues shall be credited to the general fund of the State South Carolina Educational Assistance Endowment Fund, a fund separate and distinct from the general fund of the State, in the manner provided by law, and the remaining revenues must be remitted by the State Treasurer to the governing body of Barnwell County for distribution to each of the parties to and beneficiaries of the order of the United States District Court in C.A. No. 1:90-2912-6 on the same schedule of allocation as is established within that order for the distribution of "payments in lieu of taxes" paid by the United States Department of Energy.
D.(D) For purposes of this section, 'low-level radioactive waste' means property delivered to the low-level radioactive waste disposal facility in Barnwell County for long-term disposal. It does not include materials consumed or disposed of arising out of the operation of the facility.
E.(E) The tax imposed by this section is calculated by multiplying the amount of the tax imposed on a cubic foot by the shall be imposed on the various classes of waste in accordance with the following schedule:
(1) For 'Class A' waste, the tax imposed by this section is the greater of an amount equal to the tax imposed in item (A) or an amount equal to the percentage of the owner operator disposal fee that the two hundred thirty five dollars bears to the disposal fee paid by the generator to the owner operator for Class A waste, but not less than the tax imposed in item (A).
(2) For 'Class B' waste, the tax imposed by this section is the greater of an amount equal to the tax imposed in item (A) or an amount equal to the percentage of the owner operator disposal fee that the two hundred thirty five dollars bears to the disposal fee paid by the generator to the owner operator for Class B waste, but not less than the tax imposed in item (A).
(3) For 'Class C' waste, the tax imposed by this section is the greater of an amount equal to the tax imposed in item (A) or an amount equal to the percentage of the owner operator disposal fee that the two hundred thirty five dollars bears to the disposal fee paid by the generator to the owner operator for Class C waste, but not less than the tax imposed in item (A).
The cubic foot amount specified is determined by the amount specified in the permits required by the State South Carolina Department of Health and Environmental Control and submitted at the time of delivery of the low-level radioactive waste."/
Amend sections, totals and title to conform.
Senator RICHTER explained the amendment.
Senator RICHTER moved that the amendment be adopted.
The amendment was adopted.
Senator DRUMMOND proposed the following Amendment No. 242 (3362R248.JD), which was adopted:
Amend the bill, as and if amended, Part II, beginning on page 586, by striking SECTION 79 and inserting:
TO REPEAL CHAPTER 47 OF TITLE 48 OF THE 1976 CODE, RELATING TO THE SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT; TO AMEND SECTION 48-48-80, AS AMENDED, RELATING TO LOW-LEVEL RADIOACTIVE WASTE DISPOSAL IN THIS STATE, SO AS TO AUTHORIZE THE GOVERNOR TO APPOINT A COMMITTEE TO NEGOTIATE WITH CERTAIN OTHER STATES TO ESTABLISH A NEW LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT AND TO ESTABLISH REQUIREMENTS FOR NEGOTIATIONS BY THE COMMITTEE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 48-48-140 SO AS TO IMPOSE A TAX ON LOW-LEVEL RADIOACTIVE WASTE DISPOSAL OF TWO HUNDRED AND THIRTY-FIVE DOLLARS A CUBIC FOOT AND TO PROVIDE FOR DISTRIBUTION OF THE REVENUE.
A. Chapter 48, Title 48 of the 1976 Code is amended by adding:
"Section 48-48-140. (A) There is imposed a tax of two hundred thirty-five dollars a cubic foot on each cubic foot of low-level radioactive waste disposed of in this State. The revenues resulting from the provisions of this section must be used for the South Carolina Educational Assistance Endowment Fund as reflected in appropriations to the State Treasurer in Part I, Section 10 of the 1995-96 general appropriations act and as thereafter provided, except as provided in Subsection (C).
(B) The owner or operator of a low-level radioactive waste disposal facility no later than thirty days following the end of each quarter shall submit the following to the South Carolina Department of Revenue and Taxation:
(1) a report detailing the quantity and type of waste disposed of during the previous calendar quarter; and
(2) a check made payable to the South Carolina Department of Revenue and Taxation for the amount of the tax imposed in (A) above.
(C) An amount equal to six dollars a cubic foot of each cubic foot of waste disposed of in this State must be allocated to the Education Finance Act until such time as the program is fully funded. All remaining revenues collected pursuant to this section must be allocated as follows: ninety-five percent of the revenues collected pursuant to this section must be credited to the South Carolina Educational Assistance Endowment Fund, a fund separate and distinct from the general fund of the State, in the manner provided by law, and the remaining revenues must be remitted by the State Treasurer to the governing body of Barnwell County for distribution to each of the parties to and beneficiaries of the order of the United States District Court in C.A. No. 1:90-2912-6 on the same schedule of allocation as is established within that order for the distribution of "payments in lieu of taxes" paid by the United States Department of Energy.
(D) For purposes of this section 'low-level radioactive waste' means property delivered to the low-level radioactive waste disposal facility in Barnwell County for long-term disposal. It does not include materials consumed or disposed of arising out of the operation of the facility.
(E) The tax imposed by this section is calculated by multiplying the amount of the tax imposed on a cubic foot by the cubic foot amount specified in the permits required by the South Carolina Department of Health and Environmental Control and submitted at the time of delivery of the low-level radioactive waste."
B. Section 48-48-80 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"Section 48-48-80. (A) Beginning no later than January 1, 1996, the disposal facility located at Barnwell shall cease to accept radioactive waste from outside the borders of the State. Further operation of the facility beyond January 1, 1993, must be as provided in this section and by law. In accordance with Section 13-7-30, the State Budget and Control Board, or its designee, is responsible for extended custody and maintenance of the Barnwell site following closure and license transfer from the facility operator. The department is responsible for continued site monitoring.
(B) The Barnwell site shall continue to serve as the disposal facility for the Southeast Interstate Low-Level Radioactive Waste Management Compact until January 1, 1996, subject to the following conditions:
(1) The site must cease serving as a facility for the compact if North Carolina has a permanent or temporary site ready to receive the region's waste before January 1, 1996.
(2) North Carolina must exclude any site within ten miles of a neighboring state by December 31, 1993.
(3) North Carolina must not site a low-level waste storage or disposal facility at a location which will pose a threat to human health, the environment, or water resources in contiguous states.
(C) If North Carolina fails to satisfy any one of the conditions set forth in (B)(2) or (B)(3) or if North Carolina selects a site for the storage or disposal of low-level radioactive waste within ten miles of a neighboring state the following shall result:
(1) The Barnwell site must immediately cease to accept low-level waste generated in North Carolina.
(2) The Barnwell site must cease to accept waste from outside the State as of June 30, 1994. The South Carolina Department of Health and Environmental Control shall make determinations whether the conditions set forth herein are satisfied and report its findings to the President of the Senate, the Speaker of the House, and the Governor.
(D) As a further condition of the continued operation of the Barnwell site as a regional low-level radioactive waste disposal site until January 1, 1996, the State of North Carolina must comply with the following milestones:
(1) The State of North Carolina must submit a completed regional disposal facility license application to all appropriate government agencies prior to December 31, 1993.
(2) A regional disposal facility operating license must be approved by all appropriate government agencies prior to March 15, 1995.
(E) The State of North Carolina shall notify the Southeast Compact Commission and the South Carolina Department of Health and Environmental Control on each milestone date as to whether the milestone has been accomplished, and the Compact Commission shall so certify. The South Carolina Department of Health and Environmental Control shall certify whether or not the milestones have been met and report its findings to the President of the Senate, the Speaker of the House, and the Governor. If any milestone is not accomplished, payment from a fund established by the Commission, and funded by a surcharge imposed prior to December 31, 1992, on generators of low-level waste within the Southeast region other than generators located in this State, in the amount of five million dollars must be made to the State of South Carolina.
The failure of North Carolina or the Southeast Compact Commission to satisfy any one of the milestones by the prescribed dates shall require the Barnwell site to cease to operate one year from the date that the milestone was to be met.
(F) Effective with revenue collected in fiscal year 1993-94, all revenue generated from the assessment on nonregion waste must be credited by the State Treasurer to the general fund of the State except that ten percent of the revenue, not to exceed two million, five hundred thousand dollars in a fiscal year, must be remitted by the State Treasurer to the governing body of Barnwell County.
(G) Nonregion waste may not be imported and disposed of at the Barnwell facility.
(H) If the continued availability after December 31, 1992, of the site to the compact is declared in violation of, or inconsistent with, the compact by a court of competent jurisdiction because of the conditions set forth in this section or by law, the facility shall cease to accept waste generated in North Carolina immediately and from outside the State or from other Southeastern Compact states as of July 1, 1994.
(I) Nothing in this section must be construed to alter or diminish the existing statutory authority of the South Carolina Department of Health and Environmental Control to regulate activities involving radioactive materials or radioactive wastes.
(A) The Governor shall appoint a Low-Level Radioactive Waste Compact Negotiating Committee. The committee shall be composed of seven members appointed by the Governor, three who shall be from the State at large, two who shall be members of the South Carolina Senate recommended by the President Pro Tempore of the Senate, and two who shall be members of the South Carolina House of Representatives recommended by the Speaker. The committee shall negotiate with representatives of other states to establish a new low-level radioactive waste management compact, subject to the following requirements:
(1) the committee shall only negotiate with states that have demonstrated a commitment to the compacting process and that have made substantial progress in implementing that process and who have passed an act authorizing representatives to enter compact negotiations;
(2) the State, as the initial host state, must have ultimate authority over access to the Barnwell facility and the terms and conditions for such access;
(3) the Compact Commission, subject to approval by the South Carolina representatives on the commission, must have authority to negotiate contracts with other states and with individual generators directly; and
(4) the compact must provide for an appropriate host fee to be paid to Barnwell County.
(5) the compact must be ratified by a joint resolution of the General Assembly.
(B) In accordance with Section 13-7-30, the State Budget and Control Board, or its designee, is responsible for extended custody and maintenance of the Barnwell site following closure and license transfer from the facility operator. The department is responsible for continued site monitoring.
(C) Nothing in this section must be construed to alter or diminish the existing statutory authority of the department to regulate activities involving radioactive materials and radioactive wastes.
(D) No low-level radioactive waste generated within the State of North Carolina may be disposed of at a facility located in this State."
C. Notwithstanding the distribution provisions of Section 48-48-140(C) of the 1976 Code as added by this section, an amount equal to forty dollars a cubic foot of waste disposed of in this State from July 1, 1995, through December 31, 1995, originating from generators in the Southeast region must be allocated to the general fund of the State.
D. Chapter 47, Title 48 of the 1976 Code is repealed./
Amend the bill further, Part II, Section 82, page 590, line 4, by striking /48-47-175(C)/ and inserting /48-48-140(C)/
Amend sections, totals and title to conform.
Senator DRUMMOND explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MOORE moved that a call of the Senate be made. The following Senators answered the call:
Alexander Bryan Cork Courtney Drummond Ford Giese Glover Gregory Hayes Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Ryberg Setzler Short Smith, G. Smith, J.V. Stilwell Thomas Waldrep Washington Wilson
A quorum being present, the Senate resumed.
Senators COURSON and ELLIOTT recorded their presence subsequent to the Call of the Senate.
Senator BRYAN spoke on the amendment.
Senator CORK argued contra to the adoption of the amendment.
Senator CORK moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Bryan Cork Elliott Gregory Hayes Leventis McConnell Passailaigue Richter Rose Short
NAYS
Alexander Courtney Drummond Ford Giese Glover Land Lander Leatherman Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Reese Russell Ryberg Setzler Smith, J.V. Stilwell Thomas Waldrep Washington Williams* Wilson
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Courson (Present) Aye
Saleeby (Absent) Nay
Smith, G. (Present) Aye
Jackson (Absent) Nay
The Senate refused to table the amendment. The question then was the adoption of the amendment.
The amendment was adopted.
Senators PASSAILAIGUE and McCONNELL desired to be recorded as voting against the adoption of the amendment.
I voted against Amendment No. 242 for several reasons. This amendment would require South Carolina to unilaterally dissolve the Southeast Low Level Radioactive Waste Compact when, ironically, South Carolina probably is the only state that needs the compact. I have never received a satisfactory explanation of, or heard a satisfactory plan of action showing, how dissolving the compact would be better than the alternatives, such as closing Barnwell next December to every state except South Carolina or going through proper protocol to ask the compact to ban North Carolina from shipping waste to Barnwell. Dissolution of the compact is premature; probably would cause more harm than good; and probably would ensure that South Carolina has to take the waste of not only the seven states of the compact, but of all fifty states, indefinitely. This could result in South Carolina being the national garbage can forever.
Senator PEELER proposed the following Amendment No. 229 (S-AGRI\3362B3.HSP), which was tabled:
Amend the bill, as and if amended, Part II, Section 79, page 587, line 3, by striking /Ninety-five percent/ and inserting /Eighty-five percent/.
Amend further, Part II, Section 79, Subsection B., page 587, by adding after line 15:
/(F) Ten percent of the revenues collected pursuant to this section must be credited to the South Carolina Low-level Radioactive Waste Generators' Economic Assistance Fund, a fund which must be established by the State Treasurer as separate and distinct from the general fund. The State Treasurer must remit funds from the South Carolina Low-level Radioactive Waste Generators' Economic Assistance Fund to the Department of Commerce which must use these funds to provide economic assistance to radioactive waste generators located in South Carolina, according to guidelines established by the Department of Commerce./
Amend sections, totals and title to conform.
Senator PEELER explained the amendment.
Senator PEELER moved that the amendment be adopted.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator SETZLER proposed the following Amendment No. 138 (S-EDUC\007.EMS), which was adopted:
Amend the bill, as and if amended, Part II, Section 82, page 590, line 13 , by inserting after /each program./:
/For the purposes of the allocation to the Higher Education Scholarship Grants program, the Budget and Control Board shall release a minimum of ten million dollars annually beginning with the 1996-97 fiscal year./
Amend the bill further, as and if amended, Part II, Section 82, page 590, line 12, by striking /The Budget and Control Board/ and inserting:
/The authority/.
Amend sections, totals, and title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
Senator SETZLER proposed the following Amendment No. 136 (S-EDUC\004.EMS), which was adopted:
Amend the bill, as and if amended, Part II, SECTION 84, page 598, line 6, by inserting:
/( ) is of good moral character and has never been convicted of a felony;/.
Amend the bill further, as and if amended, Part II, SECTION 84, page 598, line 16, by inserting:
/( ) is of good moral character and has never been convicted of a felony;/.
Amend the bill further, as and if amended, Part II, SECTION 84, page 598, line 25 by inserting:
/( ) is of good moral character and has never been convicted of a felony;/.
Reletter subitems to conform.
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator SETZLER proposed the following Amendment No. 137 (S-EDUC\003.EMS), which was adopted:
Amend the bill, as and if amended, Part II, Section 84, page 598, line 15, by striking /twenty-five/ and inserting:
/fifty/.
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 15A (S-EDUC\029.EMS), which was adopted:
Amend the bill, as and if amended, Part II, Section 84, page 598, line 7, by striking line 7 and inserting:
/(e) is found to be in financial need as defined in this chapter./
Amend the bill further, as and if amended, Part II, Section 84, page 598, line 17, by striking line 17 and inserting:
/(d) is found to be in financial need as defined in this chapter./
Amend the bill further, as and if amended, Part II, Section 8, page 598, line 26, by striking line 26 and inserting:
/(d) is found to be in financial need as defined in this chapter./
Amend the bill further, as and if amended, Part II, Section 8, page 599, line 23, by inserting a new section to read:
/Section 59-145-90. For the purposes of this chapter, financial need shall be based on the yearly adjusted gross family income for the preceding year. If the adjusted gross family income is fifty thousand dollars or less, the student is eligible for a scholarship grant up to the amount of the cost of tuition at the school in which he is enrolled. If the income is greater than fifty thousand dollars, the percentage of tuition paid must be reduced by the percentage that the income is greater than fifty thousand dollars. The commission is authorized to periodically adjust the fifty thousand dollar figure based on inflation. The commission shall promulgate regulations to provide a formula for adjusting scholarships within the guidelines of this section so as to reflect factors other than adjusted gross income which may affect a family's ability to pay, such as the number of family members in the household.
Amend sections, totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator RYBERG proposed the following Amendment No. 237 (3362R242.WGR), which was adopted:
Amend the amendment bearing No. 170, (Land Amendment), by adding the following section:
/"Section 14-4-100. Candidates for judicial offices to be filled by election of the General Assembly must refrain from visiting the State House for the purpose of meeting members and campaigning for office until a period of forty-eight hours after the Judicial Merit Selection Panel has submitted its nominations to the General Assembly for those judgeships.
Violations of this section shall be punishable in the same manner violations of Section 14-4-80(C) are punished.
The provisions of this section do not apply to appointments in the State House initiated and requested by members of the General Assembly for the purpose of meeting or discussing various matters with these judicial candidates."/
Amend sections, totals and title to conform.
Senator RYBERG argued in favor of the adoption of the amendment.
Senator RYBERG moved that the amendment be adopted.
The amendment was adopted.
Senator COURTNEY raised a Point of Order that Amendment No. 170 was out of order inasmuch as it was not germane to the Bill.
The PRESIDENT took the Point of Order under advisement.
Senator COURTNEY raised a Point of Order that Amendment No. 110A was out of order inasmuch as it was not germane to the Bill.
The PRESIDENT took the Point of Order under advisement.
Senator RICHTER asked unanimous consent to have the final version of Amendment No. 242 conform to include the language contained in his Amendment No. 141A.
Senator MOORE objected.
Senators LEATHERMAN, PASSAILAIGUE and J. VERNE SMITH proposed the following Amendment No. 244 (JIC\5970AC.95), which was adopted:
Amend the amendment of Senator McConnell, designated as Amendment Number 131A, by striking the new section added to Part II and inserting:
TO PROVIDE THAT THE MEMBERSHIP OF THE JOINT BOND REVIEW COMMITTEE IS INCREASED BY SIX ADDITIONAL MEMBERS FOR PURPOSES OF ANY MATTERS COMING BEFORE THE COMMITTEE REGARDING THE SALE, LEASE, RENTAL, USE, TRANSFER, OR OTHER DISPOSITION OF THE REAL OR PERSONAL PROPERTY OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, IN WHOLE OR IN PART, WITH A VALUE IN EXCESS OF TWENTY-FIVE MILLION DOLLARS AS DETERMINED BY THE BUDGET AND CONTROL BOARD; TO PROVIDE THAT THE JOINT BOND REVIEW COMMITTEE SHALL BE ALLOWED TO PARTICIPATE IN A PUBLIC HEARING WHICH THE MEDICAL UNIVERSITY OF SOUTH CAROLINA MUST HOLD BEFORE THE MEDICAL UNIVERSITY OF SOUTH CAROLINA APPROVES THE TRANSACTION BUT THE COMMITTEE SHALL NOT ENGAGE IN APPROVING OR DISAPPROVING THE TRANSACTION AT THAT STAGE; TO PROVIDE THAT THE JOINT BOND REVIEW COMMITTEE MAY HOLD ITS OWN PUBLIC HEARINGS ON AND SHALL APPROVE OR DISAPPROVE ANY MEDICAL UNIVERSITY OF SOUTH CAROLINA PROPOSAL SUBMITTED; AND TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA SHALL NOT IMPLEMENT ANY PROPOSAL REGARDING A TRANSACTION WHICH HAS NOT RECEIVED A FAVORABLE VOTE FROM THE JOINT BOND REVIEW COMMITTEE.
(A) Notwithstanding any other provision of law, the membership of the Joint Bond Review Committee, for purposes of any matters coming before it regarding the sale, lease, rental, use, transfer, or other disposition of the real or personal property of the Medical University of South Carolina, in whole or in part, with a value in excess of twenty-five million dollars as determined by the Budget and Control Board, is increased by six additional members, who shall have all plenary powers pertaining thereto. Three of these additional members of the committee shall be members of the House of Representatives appointed by the Speaker of the House, and three of whom shall be members of the Senate appointed by the Lieutenant Governor. The Speaker of the House and the Lieutenant Governor shall make these appointments by July 1, 1995. These six members shall cease participating with the Joint Bond Review Committee upon final approval or disapproval of this transaction by the committee.
(B) The committee:
(1) shall be invited to and allowed to participate in a public hearing which must be held by the Medical University of South Carolina prior to the Medical University of South Carolina approving any transaction but the committee shall not be engaged in approving or disapproving any transaction at this stage;
(2) may itself conduct public hearings on any proposal submitted by the Medical University of South Carolina for its approval;
(3) shall approve or disapprove any proposal submitted by the Medical University of South Carolina Board.
(C) The board of trustees of the Medical University of South Carolina shall not implement any proposal regarding this transaction which has not received a favorable vote from the committee as constituted under subsection (A) of this section.
(D) All other provisions of law pertaining to this transaction, including those pertaining to the Commission on Higher Education and the State Budget and Control Board, remain in full force and effect.
(E) This section takes effect July 1, 1995./
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
Senator McCONNELL proposed the following Amendment No. 131A (GJK\21949SD.95), which was adopted:
Amend the bill, as and if amended, Part II, on page 601 after line 31, by adding a new section to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-67 SO AS TO PROVIDE THAT NO GOVERNMENTAL BODY SHALL CONTRACT FOR THE SALE, LEASE, RENTAL, USE, TRANSFER, OR OTHER DISPOSITION OF ITS REAL OR PERSONAL PROPERTY, IN WHOLE OR IN PART, WITH A VALUE IN EXCESS OF TWENTY-FIVE MILLION DOLLARS AS DETERMINED BY THE STATE BUDGET AND CONTROL BOARD WITHOUT PRIOR APPROVAL OF THE GENERAL ASSEMBLY BY CONCURRENT RESOLUTION.
The 1976 Code is amended by adding:
"Section 1-11-67. In addition to all other requirements of law relating to such transactions, no governmental body as defined in Section 11-35-310(18) shall contract for the sale, lease, rental, use, transfer, or other disposition of its real or personal property, in whole or in part, with a value in excess of twenty-five million dollars as determined by the State Budget and Control Board without prior approval of the General Assembly by concurrent resolution."/
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
The PRESIDENT took up the Point of Order raised by Senator COURTNEY that Amendment No. 170 (GJK\21947SD.95) proposed by Senators LAND, McCONNELL, BRYAN, COURTNEY, MOORE and RANKIN was out of order inasmuch as it was not germane to the Bill.
The PRESIDENT overruled the Point of Order.
Senators LAND, McCONNELL, BRYAN, COURTNEY, MOORE and RANKIN proposed the following Amendment No. 170AA (3362R252.JCL), which was adopted:
Amend the amendment of Senators Ryberg, Jackson, Land, Courson, Waldrep, dated May 3, 1995, designated Amendment Number 110A, to Section 85 of Part II, by striking the amendment and inserting:
Amend the bill, as and if amended, Part II, Section 85, by striking subsection 6(A) and inserting:
/(A) The terms begin February 1, 1996, for the Circuit Court Judges, Associate Judges of the Court of Appeals, and the Family Court Judges as added by the amendments to Sections 14-5-610, 14-8-10, and 20-7-1410, respectively, of the 1976 Code, as contained in this section./
Amend the bill, as and if amended, Part II, Section 85, by striking subsection (7) inserting:
/(7) This section takes effect February 1, 1996, except that the General Assembly is authorized to elect the additional judges provided for in this section during its 1996 session with these judges taking office February 1, 1996, and except that the Judicial Merit Selection Panel established in this section may be appointed prior to February 1, 1996, and is authorized to organize prior to this date so that it may begin acting upon the judicial positions added by this section and upon other judicial vacancies which occur on or after January 1, 1996.
The panel chairman is also authorized as soon as possible after July 1, 1995, to begin notifying judges whose terms expire in 1996 of this fact, and to inquire whether or not they desire to seek reelection, and to take such other actions in regard to incumbent judges whose terms expire in 1996 as necessary to complete their review by the panel in time for the 1996 elections for these judgeships./
Amend further, Part II, Section 85, by adding a new subsection (8) to read:
/(8) (A) Mindful of its duty to elect members of the Supreme Court, the Court of Appeals, and the Circuit Courts under Article V of the South Carolina Constitution, and to elect other judges pursuant to law, the General Assembly finds that the exercise of this constitutional and statutory power will be substantially aided and improved by the creation of a Judicial Merit Selection Panel pursuant to this section. The provisions of this section shall be effective with respect to the election of judges added by the provisions of this section and with respect to all other judges elected after January 1, 1996, by the General Assembly. The General Assembly has considered the constitutionality of this legislation and finds that such legislation is constitutional under Article V of the South Carolina Constitution.
(B) Title 14 of the 1976 Code is amended by adding:
Section 14-4-10. (A) There is created a Judicial Merit Selection Panel to assist the General Assembly in the selection of qualified justices and judges for vacancies in the Supreme Court, Court of Appeals, Circuit Court, Family Court, and the Administrative Law Judge Division. The panel shall consist of ten members as follows:
(1) Two members of the Senate, notwithstanding the provisions of Section 8-13-770, shall be appointed as members of the panel by the Chairman of the Senate Judiciary Committee.
(2) Two members of the panel shall be appointed by the Chairman of the Senate Judiciary Committee who shall not be members of the General Assembly, at least one of whom shall not be an attorney at law licensed to practice in this State.
(3) Two members of the House of Representatives, notwithstanding the provisions of Section 8-13-770, shall be appointed as members of the panel by the Chairman of the House Judiciary Committee.
(4) Two members of the panel shall be appointed by the Speaker of the House of Representatives who are not members of the General Assembly, at least one of whom shall not be an attorney at law licensed to practice in this State.
(5) Two members who are the President of the South Carolina Trial Lawyers Association, and the President of the South Carolina Defense Trial Lawyers Association to serve ex officio, or these presidents' designees who shall be attorneys licensed to practice law in this State; provided, however that these two members, including their designees, if any, shall not be voting members of the panel.
(B) Nonlegislative members of the panel shall serve for terms of four years each. Legislative members of the panel shall serve for terms coterminous with their terms of office as members of the General Assembly. No member except for the ex officio members may serve more than one full term. All members shall serve until their successors are appointed and qualify.
(C) Vacancies on the panel must be filled for the remainder of the unexpired term by appointment in the same manner as provided for the original appointment.
(D) Members of the panel shall be paid the usual per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees or for members of the General Assembly as appropriate to be paid as provided in Section 14-4-20 for each day the member is on official business of the panel.
(E) The panel from among its membership shall elect a chairman and such other officers as it considers necessary to serve for terms of one year in these capacities.
Section 14-4-20. The panel shall meet at least once annually and at other times as may be designated by the chairman. The panel, at its first meeting, also shall organize and adopt rules for the purpose of governing its internal proceedings. Five voting members of the panel shall constitute a quorum at all meetings. The panel shall employ, upon the approval of a majority of the voting members of the panel, clerical, stenographic, legal, and investigatory assistance as necessary to effectuate the provisions of this chapter and pay for the per diem, mileage, and subsistence of its panel members from funds appropriated to the Legislative Department in Part I, Section 3 of the 1995-96 general appropriations act upon consent of the Speaker of the House and the President Pro Tempore of the Senate who shall designate from which accounts these expenses shall be paid. Employees shall not be otherwise employed by nor have any other affiliation with the judicial branch of government.
Section 14-4-30. (A) It is the responsibility of the panel to determine when judicial vacancies are to occur in the Supreme Court, Court of Appeals, Circuit Court, Family Court, or the Administrative Law Judge Division and to expeditiously investigate the qualifications of those who seek nomination by the panel.
(B) The term 'vacancy' as used in this chapter in regard to a judicial office, unless the context clearly requires otherwise, includes the expiration of a term of an incumbent judge, the creation of a new judicial seat on one of the courts for which the panel makes nominations, or the death, resignation, retirement, or other removal of a judge before he completes his then current term.
(C) The panel chairman shall notify each judge and justice whose term of office expires during a particular year of this fact by July first of the preceding year. However, for vacancies which shall occur during 1996 the panel chairman shall notify judges whose terms of office are scheduled to expire in 1996 of this fact as soon as possible after July 1, 1995, and shall notify the panel of the incumbent judge's decision as soon as possible thereafter. Unless the judge or justice notifies the panel chairman in writing within thirty days after receipt of the notice that he will not seek reelection, he is considered a candidate to succeed himself. The panel chairman shall notify the panel of the choice made by an incumbent justice or judge by August fifteenth of that preceding year, except that such notification shall be made as soon as possible with regard to incumbent judges whose terms expire in 1996.
(D) The panel, upon receiving notice of a judicial vacancy, ascertaining that a judicial vacancy shall occur, or being notified by the panel chairman of an incumbent judge's decision regarding his reelection shall notify the Supreme Court of the vacancy for publication in the advance sheets provided by the Clerk of the Supreme Court at least thirty days prior to accepting applications for the vacancy. The panel also shall notify the South Carolina Bar, other professional legal organizations it considers appropriate, and each newspaper of this State with daily circulation of the vacancy at least thirty days prior to accepting applications for the vacancy. This notice must include, but not be limited to, the judicial office in which the vacancy occurs, the address to which, and the date by which interested candidates may apply. A notice to the panel by the panel chairman that an incumbent judge desires to seek reelection does not constitute the acceptance of an application for a vacancy within the meaning of this prohibition, except that the panel thereafter shall provide the notice required by this subsection.
Section 14-4-40. (A) All persons who desire to be considered for nomination as justice or judge shall make application for consideration by the panel. Any person or organization may submit to the panel the name of any person desired to be considered for such nomination. Any person whose name has been recommended to the panel for nomination for election to a judicial office by another person or organization is not considered an applicant unless he makes an application to the panel on forms it requires.
(B) Each applicant as part of his application is required to give to the panel a general waiver which allows the panel to obtain whatever information it considers necessary, from any source whether or not confidential including personnel, judicial, or bar commissions, in order for the panel to make an informed judgment of that applicant's qualifications.
Section 14-4-50. (A) Except as otherwise provided in this chapter, the responsibility of the panel includes the investigation of, among other things, the integrity and impartiality, legal knowledge and ability, professional experience, judicial temperament, diligence and industry, mental and physical capabilities, financial responsibility, public service, ethics, and general suitability to exercise the judicial office of all persons being considered by the panel for nomination to a judicial office. These criteria must be used by the panel in evaluating the candidates and making its nominations.
(B) The chairman of the panel shall schedule a public hearing concerning the qualifications of the candidates. At least thirty days' notice of the public hearing must be provided in the same manner that notice of the judicial vacancy is provided in Section 14-4-30(D) informing interested persons of the place and date of the public hearing and their right to attend and participate. Any person who desires to testify at the hearing, including candidates, shall furnish a written statement of his proposed testimony to the chairman of the panel. This statement must be furnished no later than forty-eight hours prior to the date and time set for the hearing. The panel shall determine the persons who shall testify at the hearing. All testimony, including documents furnished to the panel, must be submitted under oath and persons knowingly furnishing false information, either orally or in writing, are subject to the penalties provided by law for perjury and false swearing. During the course of the investigation, the panel may schedule an executive session at which the candidate, and other persons whom the committee wishes to interview, may be interviewed by the panel on matters pertinent to the candidate's qualifications for the office to be filled.
(C) As soon as possible after the completion of the hearing, a verbatim copy of the testimony, documents submitted at the public hearing, and findings of fact must be transcribed and furnished to each candidate and anyone else upon request. A charge for these copies may be made as authorized in the Freedom of Information Act.
(D) A candidate may withdraw at any stage of the proceedings, and thereafter no further inquiry, report on or consideration of his candidacy may be made.
Section 14-4-60. (A) The panel in its discharge of its duties may administer oaths and affirmations, take depositions, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records considered necessary in connection with the investigation of the panel.
(B) No person is excused from attending and testifying or from producing books, papers, correspondence, memoranda, or other records before the panel on the ground that the testimony or evidence, documentary, or otherwise required of him may tend to incriminate him or subject him to a penalty or forfeiture. No individual may be prosecuted or subjected to any criminal penalty based upon testimony or evidence submitted or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self incrimination, to testify or produce evidence, documentary, or otherwise, except that the individual so testifying is not exempt from prosecution and punishment for perjury and false swearing committed in so testifying.
(C) In case of the refusal of any person to obey a lawful request or order of the panel, to obey a subpoena issued by the panel, or to obey a lawful order of a court in regard to the functions of the panel, any Circuit Court of this State or circuit judge within the jurisdiction of which this person is found, resides, or transacts business, upon application by the panel, may issue to the person an order requiring him to appear before the panel to produce evidence if so ordered or to give testimony touching the matter under investigation. Any failure to obey an order of the court may be punished as a contempt of court. Subpoenas must be issued in the name of the panel and must be signed by the panel chairman. Subpoenas may be issued to such persons as the panel may designate.
(D) All records, information, and other material that the panel has obtained or used in its investigation, except the materials, records, and information presented under oath at the public hearing must be kept strictly confidential.
Section 14-4-70. (A) The panel shall make nominations to the General Assembly of candidates for election to the Supreme Court, Court of Appeals, Circuit Court, Family Court, and the Administrative Law Judge Division. It shall review the qualifications of all applicants for a judicial office and select therefrom and submit to the General Assembly the names of those candidates whom it considers best qualified for the judicial office under consideration without limitation as to number.
(B) Insofar as possible, the panel shall make nominations as provided herein to the General Assembly during the opening week of its regular session for all vacancies which in the normal course of events will occur by creation of new judgeships or by expiration of terms during that year.
(C) In the case of vacancies created by death, resignation, disciplinary proceedings, or disability, the panel shall send to the General Assembly nominations for each vacancy as promptly as conditions permit, except that notice of the vacancy must be provided in the manner required by this chapter.
(D) If an incumbent justice or judge seeks reelection, his name must be forwarded to the General Assembly by the panel if the panel finds him qualified. If an incumbent justice or judge seeks reelection without opposition and the panel does not find the incumbent justice or judge qualified for the judicial office held, it shall reopen nominations and screening for that office. If the panel does not forward the name of an incumbent justice or judge to the General Assembly and the panel concludes that there are not other qualified applicants for the office being screened, then it shall reopen nomination and screening for that office and submit other nominations for the judicial office. The General Assembly in joint session shall, by recorded public vote, determine whether or not the judge or justice is reelected to office. If a majority of those voting vote to retain the judge or justice in office, he is reelected to a new term. If a majority of those voting vote against retaining the judge or justice in office, he is not reelected to a new term, and the panel shall expeditiously proceed in accordance with the provisions of this chapter to submit nominees to the General Assembly for the vacancy which is created by the expiration of the term of office of the judge or justice.
(E) In making nominations, race, gender, national origin, and other demographic factors should be considered by the panel to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of this State.
(F) The panel must accompany its nominations to the General Assembly with those reports or recommendations as to the qualifications of particular candidates that it deems appropriate; provided, that panel may not rank the order of the candidates.
(G) A period of at least three weeks must elapse between the date of the panel's nominations to the General Assembly, and the date the General Assembly conducts the election for these judgeships.
Section 14-4-80. (A) Before a sitting member of the General Assembly may submit an application with the panel for his nomination by the panel for election to a judicial office and before the panel may accept or consider such an application, the member of the General Assembly shall first resign his office.
(B) The privilege of the floor in either house of the General Assembly may not be granted to a former member during the time his application is pending before the panel and during the time his nomination by the panel for election to a particular judicial office is pending in the General Assembly.
(C) No person may seek directly or indirectly the pledge of a member of the General Assembly's vote until the qualifications of all candidates for that office have been determined by the judicial merit selection panel and a period of forty-eight hours has elapsed since the panel has furnished the names of its nominees for the vacancy to the General Assembly. No member of the General Assembly may offer his pledge until the qualifications of all candidates for that office have been determined by the judicial merit selection panel and a period of forty-eight hours has elapsed since the panel furnished the names of its nominees to the General Assembly. For purposes of this section, indirectly seeking a pledge means the candidate, or someone acting on behalf of and at the request of the candidate, requesting a person to contact a member of the General Assembly on behalf of the candidate before nominations for that office are made by the panel. The merit selection panel may disqualify a candidate it finds to have violated this section.Violations of this section by judicial candidates are also a misdemeanor, and upon conviction, the violator shall be punished by a fine not exceeding one thousand dollars or by a term of imprisonment not exceeding ninety days.
Section 14-4-90. The provisions of Chapter 19 of Title 2 do not apply to the selection and screening of candidates for the Supreme Court, Court of Appeals, Circuit Court, Family Court, and the Administrative Law Judge Division.
Section 14-4-100. Candidates for judicial offices to be filled by election of the General Assembly must refrain from visiting the State House for the purpose of meeting members and campaigning for office until a period of forty-eight hours after the Judicial Merit Selection Panel has submitted its nominations to the General Assembly for those judgeships.
Violations of this section shall be punishable in the same manner violations of Section 14-4-80(C) are punished.
The provisions of this section do not apply to appointments in the State House initiated and requested by members of the General Assembly for the purpose of meeting or discussing various matters with these judicial candidates."
(C) Sections 2-19-70 and 2-19-80 of the 1976 Code are repealed./
Amend sections, totals and title to conform.
Senator LAND argued in favor of the adoption of the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator SALEEBY desired to be recorded as voting in favor of the adoption of the amendment.
Subsequent to the adoption of Amendment No. 170A, on motion of Senator McCONNELL, with unanimous consent, Subsection C of Section 14-4-10 was deleted from Amendment No. 170A, adopted Amendment No. 170AA. The deleted provision read as follows:
(C) No member of the panel, members of his immediate family as defined by Chapter 13 of Title 8 or attorneys with whom he is associated in the practice of law are eligible for nomination, election, or appointment as a judge or justice of a court for which the panel makes nominations while he is serving on the panel and for a period of three years after he ceases to be a member.
The PRESIDENT took up the Point of Order raised by Senator COURTNEY that Amendment No. 110A (GJK\21928SD.95) proposed by Senators RYBERG, JACKSON, LAND, COURSON and WALDREP was out of order inasmuch as it was not germane to the Bill.
The PRESIDENT overruled the Point of Order.
In order to avoid even the appearance of a conflict, Senator SHORT requested that the Journal reflect that she abstained from voting on and any activity relating to the adoption of this amendment.
Senators RYBERG, JACKSON, LAND, COURSON and WALDREP proposed the following Amendment No. 110A (GJK\21928SD.95), which was adopted:
Amend the bill, as and if amended, Part II, Section 85, by striking subsection 6(A) and inserting:
/(A) The terms begin February 1, 1996, for the Circuit Court Judges, Associate Judges of the Court of Appeals, and the Family Court Judges as added by the amendments to Sections 14-5-610, 14-8-10, and 20-7-1410, respectively, of the 1976 Code, as contained in this section./
Amend the bill, as and if amended, Part II, Section 85, by striking subsection (7) inserting:
/(7) This section takes effect February 1, 1996, except that the General Assembly is authorized to elect the additional judges provided for in this section during its 1996 session with these judges taking office February 1, 1996, and except that the Judicial Merit Selection Panel established in this section may be appointed prior to February 1, 1996, and is authorized to organize prior to this date so that it may begin acting upon the judicial positions added by this section and upon other judicial vacancies which occur on or after January 1, 1996.
The state court administrator is also authorized as soon as possible after July 1, 1995, to begin notifying judges whose terms expire in 1996 of this fact, and to inquire whether or not they desire to seek reelection, and to take such other actions in regard to incumbent judges whose terms expire in 1996 as necessary to complete their review by the panel in time for the 1996 elections for these judgeships./
Amend further, Part II, Section 85, by adding a new subsection (8) to read:
/(8) (A) Mindful of its duty to elect members of the Supreme Court, the Court of Appeals, and the Circuit Courts under Article V of the South Carolina Constitution, and to elect other judges of the unified judicial system pursuant to law, the General Assembly finds that the exercise of this constitutional and statutory power will be substantially aided and improved by the creation of a Judicial Merit Selection Panel pursuant to this section. The provisions of this section shall be effective with respect to the election of judges added by the provisions of this section and with respect to all other judges elected after January 1, 1996, by the General Assembly. The General Assembly has considered the constitutionality of this legislation and finds that such legislation is constitutional under Article V of the South Carolina Constitution.
(B) Title 14 of the 1976 Code is amended by adding:
Section 14-4-10. (A) There is created a Judicial Merit Selection Panel to assist the General Assembly in the selection of qualified justices and judges for vacancies in the Supreme Court, Court of Appeals, Circuit Court, Family Court, and the Administrative Law Judge Division. The panel shall consist of ten members as follows:
(1) Two members of the panel shall be appointed by the Governor, one of whom shall represent the business community and one of whom shall be a consumer. Both of these members shall not be attorneys at law.
(2) Two members of the panel shall be appointed by the President Pro Tempore of the Senate upon recommendation of the Senate Chairman's Committee.
(3) Two members of the panel shall be appointed by the Speaker of the House of Representatives.
(4) Two members of the panel shall be appointed by the Governor upon the recommendation of the President of the South Carolina Bar, one of whom shall represent the African-American community. These recommendations shall be made after consulting with the Board of Governors.
(5) Two members who are the President of the South Carolina Trial Lawyers Association, and the President of the South Carolina Defense Trial Lawyers Association to serve ex officio, or these presidents' designees who shall be attorneys licensed to practice law in this State; provided, however, that these two members, including their designees, if any, shall not be voting members of the panel.
(B) Members of the panel shall serve for terms of four years each, and no member except for the ex officio members may serve more than one full term. All members shall serve until their successors are appointed and qualify.
(C) No member of the panel, members of his immediate family or attorneys with whom he is engaged in the practice of law are eligible for nomination, election, or appointment as a judge or justice of a court for which the panel makes nominations while he is serving on the panel and for a period of three years after he ceases to be a member.
(D) Vacancies on the panel must be filled for the remainder of the unexpired term by appointment in the same manner as provided for the original appointment.
(E) Members of the panel shall be paid the usual per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees to be paid as provided in Section 14-4-20 for each day the member is on official business of the panel.
(F) The panel from among its membership shall elect a chairman and such other officers as it considers necessary to serve for terms of one year in these capacities.
Section 14-4-20. The panel shall meet at least once annually and at other times as may be designated by the chairman. The panel, at its first meeting, also shall organize and adopt rules for the purpose of governing its internal proceedings. Five voting members of the panel shall constitute a quorum at all meetings. The panel may employ clerical and stenographic assistance as necessary to effectuate the provisions of this chapter and pay for the per diem, mileage, and subsistence of its panel members from funds appropriated to the Legislative Department in Part I, Section 3 of the 1995-96 general appropriations act upon consent of the Speaker of the House and the President Pro Tempore of the Senate who shall designate from which accounts these expenses shall be paid.
Section 14-4-30. (A) It is the responsibility of the panel to determine when judicial vacancies are to occur in the Supreme Court, Court of Appeals, Circuit Court, Family Court, or the Administrative Law Judge Division and to expeditiously investigate the qualifications of those who seek nomination by the panel.
(B) The term 'vacancy' as used in this chapter in regard to a judicial office, unless the context clearly requires otherwise, includes the expiration of a term of an incumbent judge, the creation of a new judicial seat on one of the courts for which the panel makes nominations, or the death, resignation, retirement, or other removal of a judge before he completes his then current term.
(C) The state court administrator shall notify each judge and justice whose term of office expires during a particular year of this fact by July first of the preceding year. However, for vacancies which shall occur during 1996 the state court administrator shall notify judges whose terms of office are scheduled to expire in 1996 of this fact as soon as possible after July 1, 1995, and shall notify the panel of the incumbent judge's decision as soon as possible thereafter. Unless the judge or justice notifies the state court administrator in writing within thirty days after receipt of the notice that he will not seek reelection, he is considered a candidate to succeed himself. The state court administrator shall notify the panel of the choice made by an incumbent justice or judge by August fifteenth of that preceding year, except that such notification shall be made as soon as possible with regard to incumbent judges whose terms expire in 1996.
(D) The panel, upon receiving notice of a judicial vacancy, ascertaining that a judicial vacancy shall occur, or being notified by the state court administrator of an incumbent judge's decision regarding his reelection shall notify the Supreme Court of the vacancy for publication in the advance sheets provided by the Clerk of the Supreme Court at least thirty days prior to accepting applications for the vacancy. The panel also shall notify the South Carolina Bar, other professional legal organizations it considers appropriate, and each newspaper of this State with daily circulation of the vacancy at least thirty days prior to accepting applications for the vacancy. This notice must include, but not be limited to, the judicial office in which the vacancy occurs, the address to which, and the date by which interested candidates may apply. A notice to the panel by the state court administrator that an incumbent judge desires to seek reelection does not constitute the acceptance of an application for a vacancy within the meaning of this prohibition, except that the panel thereafter shall provide the notice required by this subsection.
Section 14-4-40. (A) All persons who desire to be considered for nomination as justice or judge shall make application for consideration by the panel. Any person or organization may submit to the panel the name of any person desired to be considered for such nomination. Any person whose name has been recommended to the panel for nomination for election to a judicial office by another person or organization is not considered an applicant unless he makes an application to the panel on forms it requires.
(B) Each applicant as part of his application is required to give to the panel a general waiver which allows the panel to obtain whatever information it considers necessary, from any source whether or not confidential including personnel, judicial, or bar commissions, in order for the panel to make an informed judgment of that applicant's qualifications.
Section 14-4-50. (A) Except as otherwise provided in this chapter, the responsibility of the panel includes the investigation of, among other things, the character, integrity, reputation, knowledge of the law, aptitude for legal scholarship, writing ability, familiarity with courts and court procedures, legal ability, judicial temperament, experience, and general suitability to exercise the judicial office of all persons being considered by the panel for nomination to a judicial office. These criteria must be used by the panel in evaluating the candidates and making its nominations.
(B) The chairman of the panel shall schedule a public hearing concerning the qualifications of the candidates. At least thirty days' notice of the public hearing must be provided in the same manner that notice of the judicial vacancy is provided in Section 14-4-30(D) informing interested persons of the place and date of the public hearing and their right to attend and participate. Any person who desires to testify at the hearing, including candidates, shall furnish a written statement of his proposed testimony to the chairman of the panel. This statement must be furnished no later than forty-eight hours prior to the date and time set for the hearing. The panel shall determine the persons who shall testify at the hearing. All testimony, including documents furnished to the panel, must be submitted under oath and persons knowingly furnishing false information, either orally or in writing, are subject to the penalties provided by law for perjury and false swearing. During the course of the investigation, the panel may schedule an executive session at which the candidate, and other persons whom the committee wishes to interview, may be interviewed by the panel on matters pertinent to the candidate's qualifications for the office to be filled.
(C) When there is no known opposition to an incumbent who has notified the state court administrator of his desire for reelection, where there appears to be no substantial reason for having a public hearing, and where no request is made by at least ten members of the House of Representatives and five members of the Senate for a public hearing, the panel chairman, upon recommendation of the panel, may determine that the public hearing is unnecessary and shall not be held, but no nominations may be made prior to such determination.
(D) As soon as possible after the completion of the hearing, a verbatim copy of the testimony, documents submitted at the public hearing, and findings of fact must be transcribed and furnished to each candidate and anyone else upon request. A charge for these copies may be made as authorized in the Freedom of Information Act.
(E) A candidate may withdraw at any stage of the proceedings, and thereafter no further inquiry, report on or consideration of his candidacy may be made.
Section 14-4-60. (A) The panel in its discharge of its duties may administer oaths and affirmations, take depositions, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records considered necessary in connection with the investigation of the panel.
(B) No person is excused from attending and testifying or from producing books, papers, correspondence, memoranda, or other records before the panel on the ground that the testimony or evidence, documentary, or otherwise required of him may tend to incriminate him or subject him to a penalty or forfeiture. No individual may be prosecuted or subjected to any criminal penalty based upon testimony or evidence submitted or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self incrimination, to testify or produce evidence, documentary, or otherwise, except that the individual so testifying is not exempt from prosecution and punishment for perjury and false swearing committed in so testifying.
(C) In case of the refusal of any person to obey a lawful request or order of the panel, to obey a subpoena issued by the panel, or to obey a lawful order of a court in regard to the functions of the panel, any Circuit Court of this State or circuit judge within the jurisdiction of which this person is found, resides, or transacts business, upon application by the panel, may issue to the person an order requiring him to appear before the panel to produce evidence if so ordered or to give testimony touching the matter under investigation. Any failure to obey an order of the court may be punished as a contempt of court. Subpoenas must be issued in the name of the panel and must be signed by the panel chairman. Subpoenas may be issued to such persons as the panel may designate.
(D) All records, information, and other material that the panel has obtained or used in its investigation, except the materials, records, and information presented under oath at the public hearing must be kept strictly confidential.
Section 14-4-70. (A) The panel shall make nominations to the General Assembly of candidates for election to the Supreme Court, Court of Appeals, Circuit Court, Family Court, and the Administrative Law Judge Division. It shall review the qualifications of all applicants for a judicial office and select therefrom and submit to the General Assembly the names of up to three candidates whom it considers best qualified for the judicial office under consideration. If the panel concludes that there are fewer than three applicants qualified for a vacancy, it shall submit to the General Assembly only the names of those determined qualified with a written explanation of why fewer than three names were submitted.
(B) Insofar as possible, the panel shall make nominations as provided herein to the General Assembly during the opening week of its regular session for all vacancies which in the normal course of events will occur by creation of new judgeships or by expiration of terms during that year.
(C) In the case of vacancies created by death, resignation, disciplinary proceedings, or disability, the panel shall send to the General Assembly nominations for each vacancy as promptly as conditions permit, except that notice of the vacancy must be provided in the manner required by this chapter.
(D) The nominations of the panel for any judgeship are binding on the General Assembly, and it may not elect a person not nominated by the panel. Nothing shall prevent the General Assembly from rejecting all persons nominated. In this event, the panel shall submit another group of up to three names for that position. Further nominations in the manner required by this chapter must be made until the office is filled.
(E) If an incumbent justice or judge does desire reelection, his name must be forwarded by the panel to the General Assembly if the panel finds him qualified to serve in the judicial office held. If the panel does not find the incumbent justice or judge qualified for the judicial office held, it shall so notify the General Assembly and upon the expiration of his then current term of office, a vacancy in such office shall exist for which the panel shall submit nominations in the manner provided by this chapter together with its notification to the General Assembly of its finding that the incumbent justice or judge is not qualified. If the panel does forward the name of an incumbent justice or judge to the General Assembly, it also shall submit two other nominations for the judicial office unless the panel concludes that there are not two other qualified applicants for such judgeship in which case it shall submit an explanation for submitting fewer than three names as provided in Section 14-4-70(A). If no other nominations are made by the panel, the name of that judge or justice only must be submitted by the panel to the General Assembly. The General Assembly in joint session by recorded public vote shall determine whether or not the judge or justice is retained in office. If a majority of those voting vote to retain the judge or justice in office, he is deemed reelected for a new term. If a majority of those voting vote against retaining the judge or justice in office, he is deemed to not be reelected for a new term, and the panel shall expeditiously proceed in accordance with the provisions of this chapter to submit nominees to the General Assembly for the vacancy which is created by the expiration of the term of the judge or justice.
(F) In making nominations, race, gender, national origin, and other demographic factors should be considered by the panel to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of this State.
(G) The panel may accompany its nominations to the General Assembly with those reports or recommendations as to the qualifications of particular candidates that it deems appropriate; provided, that no preference for a particular candidate shall be expressed.
(H) A period of at least three weeks must elapse between the date of the panel's nominations to the General Assembly, and the date the General Assembly conducts the election for these judgeships.
Section 14-4-80. (A) Before a sitting member of the General Assembly may submit an application with the panel for his nomination by the panel for election to a judicial office and before the panel may accept or consider such an application, the member of the General Assembly shall first resign his office; provided that beginning November 12, 1998, a person must not have been a member of the General Assembly for a period of at least two years in order to be eligible to apply to the panel for nomination to a particular judgeship or be elected by the General Assembly to that judgeship.
(B) The privilege of the floor in either House of the General Assembly may not be granted to a former member during the time his application is pending before the panel and during the time his nomination by the panel for election to a particular judicial office is pending in the General Assembly.
(C) No person may seek directly or indirectly the pledge of a member of the General Assembly's vote or contact a member of the General Assembly regarding the judicial office, other than through a letter of introduction, until the qualifications of all candidates for that office have been determined by the judicial merit selection panel and a period of forty-eight hours has elapsed since the panel has furnished the names of its nominees for the vacancy to the General Assembly. No member of the General Assembly may offer his pledge until the qualifications of all candidates for that office have been determined by the judicial merit selection panel and a period of forty-eight hours has elapsed since the panel furnished the names of its nominees to the General Assembly. For purposes of this section, indirectly seeking a pledge means the candidate, or someone acting on behalf of and at the request of the candidate, requesting a person to contact a member of the General Assembly on behalf of the candidate before nominations for that office are made by the panel. Violations of this section may be considered by the merit selection panel when it considers the applicant's qualifications. Violations of this section by judicial candidates are also a misdemeanor, and upon conviction, the violator shall be punished by a fine not exceeding one thousand dollars or by a term of imprisonment not exceeding ninety days.
Section 14-4-90. The provisions of Chapter 19 of Title 2 do not apply to the selection and screening of candidates for the Supreme Court, Court of Appeals, Circuit Court, Family Court, and the Administrative Law Judge Division."
(C) Sections 2-19-70 and 2-19-80 of the 1976 Code are repealed./
Amend sections, totals and title to conform.
Senator RYBERG argued in favor of the adoption of the amendment.
The amendment was adopted.
In order to avoid even the appearance of a conflict, Senator SHORT requested that the Journal reflect that she abstained from voting on and any activity relating to the adoption of this amendment.
Senators McCONNELL, J.VERNE SMITH, COURSON and WILSON proposed the following Amendment No. 135 (GJK\21933AC.95), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 10-1-163 SO AS TO REQUIRE ALL PORTRAITS, FLAGS, BANNERS, MONUMENTS, STATUES, AND PLAQUES WHICH MAY BE REMOVED FROM THE STATE HOUSE DURING RENOVATIONS TO THEIR ORIGINAL LOCATION WHEN THE STATE HOUSE IS REOCCUPIED; AND TO PROVIDE THAT THE LOCATION OF THESE ITEMS MUST NOT BE CHANGED UNLESS APPROVED BY AN ACT PASSED BY THE GENERAL ASSEMBLY; AND TO PROVIDE FOR PAYMENT OF THE COSTS OF REMOVAL, RESTORING, REPLACING, AND DISPLAYING THESE ITEMS.
The 1976 Code is amended by adding:
"Section 10-1-163. (A) All portraits, flags, banners, monuments, statues, and plaques which were in or on the State House on May 1, 1995, which may be removed from the State House during renovations must be returned to their original location when the State House is reoccupied. Cost for removing and returning these items must be paid from the funds of the State Budget and Control Board for maintenance. When all portraits, flags, banners, monuments, statues, and plaques are returned to their original location after the renovations are completed, the location of these items must not be changed unless approved by an act passed by the General Assembly. For purposes of this subsection, 'original location' means the general vicinity or at an alternative location if the wall or structure is removed or modified such that the portrait, flag, banner, monument, statue, or plaque cannot be returned to its original location.
(B) All costs for the display, cleaning, and restoration of all portraits, flags, banners, monuments, statues, and plaques on the exterior or interior of the State House except those inside the Senate and House Chambers must be paid from the accounts of General Services, Division of the State Budget and Control Board unless otherwise directed by the General Assembly."/
Amend sections, totals and title to conform.
Senator J. VERNE SMITH argued in favor of the adoption of the amendment.
Senator J. VERNE SMITH moved that the amendment be adopted.
The amendment was adopted.
Senator J. VERNE SMITH proposed the following Amendment No. 109AA (DKA\3995AC.95), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND SECTION 44-69-30 OF THE 1976 CODE, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ENTER INTO PARTNERSHIPS AND OTHER AGREEMENTS FOR THE PURPOSE OF ASSURING CONTINUED PROVISION OF HOME CARE SERVICES ADEQUATE TO MEET THE STATE'S NEEDS, AND TO FURTHER PROVIDE FOR THE DEPARTMENT'S AUTHORITY AND RESPONSIBILITY WITH REGARD TO THESE PARTNERSHIPS AND AGREEMENTS.
Section 44-69-30 of the 1976 Code is amended by adding at the end:
"The department may enter into public and private joint partnerships or enter into other appropriate cooperative agreements or arrangements or negotiate and effect these partnerships and agreements to include the sale of the entity and/or the transfer of licenses held by the department or its subdivisions to other qualified providers, if appropriate, when doing so would result in continued high quality patient care, continued provision of services to indigent patients, assurance of the employment of the department's home health employees, and provision of home care services adequate to meet the needs of the State. The department may facilitate the negotiation, contracting, or transfer of these activities through licensure and without requirement of a Certificate of Need as set out in Section 44-69-75 and without regard to the Procurement Code, Section 11-35-10, et. seq. However, a sale of the entity is subject to the provisions of the Procurement Code.
At least thirty days before entering any negotiations regarding a contractual agreement or a public/private partnership concerning the provision of home health services, the department shall place a public notice in a newspaper of general circulation for a period of no less than three consecutive days within the area where the services will be performed.
The department may establish requirements and conditions upon those entities joined in partnership or receiving transfer of the home care services, licensing, and Certificate of Need including, but not limited to, transfer of employees, coverage of indigent patients, and payments or contributions to the department to continue the provision of basic public health services as determined by the department. All agreements must be reviewed and approved by the board of the department. The department may monitor and enforce the contract or partnership provisions and/or conditions of transfer or any other conditions or requirements of agreements entered into pursuant to this section.
All funds paid to or received by the department pursuant to this section must be deposited in an account separate and distinct from the general fund entitled the Public Health Fund (PHF). The funds deposited in this fund must be used solely by the department to support basic public health services determined to be necessary by the department. The appropriation of the funds must be through the General Appropriations Act.
Notwithstanding any of the provisions of this section, the department may continue to provide public health services in the clinic, the home, and the community necessary to ensure the protection and promotion of the public's health."/
Amend sections, totals and title to conform.
Senator J. VERNE SMITH explained the amendment.
Senator J. VERNE SMITH moved that the amendment be adopted.
The amendment was adopted.
Senators JACKSON and SHORT proposed the following Amendment No. 216 (3362R240.DJ), which was adopted:
Amend the bill, as and if amended, Part II, on page 601, after line 31, by adding a new section to read:
TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 122 SO AS TO DIRECT THE SOUTH CAROLINA HUMAN SERVICES COORDINATING COUNCIL TO DEVELOP AND COORDINATE THE IMPLEMENTATION OF COMMUNITY-BASED ADOLESCENT PREGNANCY PREVENTION PROGRAMS THROUGH FUNDING AVAILABLE FROM THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND TO PROVIDE REQUIREMENTS FOR LOCAL PROJECTS AND SELECTION PROCEDURES.
A. Title 44 of the 1976 Code is amended by adding:
Section 44-122-10. (A) The South Carolina Human Services Coordinating Council shall develop and coordinate the implementation of community-based programs and projects relating to the problem of adolescent pregnancy in order to most effectively reduce the numbers of adolescent pregnancies.
(B) Before funds are allocated for adolescent pregnancy prevention projects, the council shall review the recommendations of the Adolescent Pregnancy Prevention Committee, as established in Section 44-122-20, and shall recommend funding priorities to the Department of Health and Human Services. The council also shall advise the General Assembly on issues relating to the problem of adolescent pregnancy in this State.
Section 44-122-20. There is established the Adolescent Pregnancy Prevention Committee to be appointed by the Human Services Coordinating Council. Committee membership must be made up of council members and also must include representatives from:
(1) South Carolina Council on Adolescent Pregnancy Prevention;
(2) South Carolina Chapter of the American Academy of Pediatrics;
(3) United Way of South Carolina;
(4) March of Dimes;
(5) Alliance for South Carolina's Children;
(6) corporate community;
(7) religious community;
(8) two high school students;
(9) media;
(10) a school guidance counselor;
(11) the South Carolina Obstetrics and Gynecology Society.
Members shall serve terms of four years except student members shall serve terms of two years.
Section 44-122-30. (A) The South Carolina Human Services Coordinating Council shall establish and administer a program to distribute funds appropriated for adolescent pregnancy prevention projects and shall adopt rules necessary to implement the program. Projects must be undertaken as pilot projects to serve as successful models for replication in rural and urban areas of the State where there are statistically high incidences of adolescent pregnancy, premature births, and infant mortality.
(B) The council shall evaluate adolescent pregnancy projects funded as a result of this program at least yearly and shall report its findings to the General Assembly, the State Budget and Control Board, and the Governor's Office. The evaluation of these projects shall include a study of the effectiveness of the project in reducing the pregnancy rate within the target populations.
Section 44-122-40. The Department of Health and Human Services shall fund the Adolescent Pregnancy Prevention Program projects. Funds shall be appropriated to the Department of Health and Human Services by the General Assembly in the annual General Appropriations Act. The Human Services Coordinating Council annually shall conduct a proposal-writing session that must be attended by a representative of an agency or organization that wishes to apply for funding, and the session shall define the criteria for accountability and evaluation that the department requires of projects. The session also shall provide information about additional funding sources to which an agency or organization might turn to satisfy the matching requirement for funding, as provided for in Section 44-122-50(E).
Section 44-122-50. (A) A local agency or organization or combination of agencies and organizations may apply to the department for an allocation of funds to operate adolescent pregnancy preventive projects. The application shall contain an analysis of adolescent pregnancy and related problems in the locality the project would serve and a description of how the project would attempt, over a period of at least five years, to prevent the problems. The application also shall contain a project budget.
(B) Projects applying for first-year funding shall:
(1) have a plan of action that extends for at least five years for prevention of adolescent pregnancy;
(2) have realistic, specific, and measurable goals and objectives for the prevention of adolescent pregnancy;
(3) before submitting its proposal, send a representative to the proposal-writing session held by the council;
(4) have an emphasis on abstinence when possible and must be based on strategies with proven success rates, and use materials that are factually and scientifically correct.
(C) Each project shall:
(a) have a board of advisors composed of members from outside the sponsoring agency of the project. The board of advisors shall include representatives from the medical community, the educational field, and one student who must be a junior in high school and who must serve two years. The board also shall include representatives of the media, government, charitable organizations, and private business. The board of advisors shall meet at least quarterly and advise project staff on project policies and operations;
(b) comply with reporting, contracting, and evaluation requirements of the department;
(c) define and maintain cooperative ties with other community institutions;
(d) demonstrate its ability to attract financial support from sources other than the State including sources in the local community;
(D) These criteria must be applied in selecting projects for first year funding:
(1) adequacy of proposed resources to meet project objectives;
(2) appropriateness of project strategies to reduce adolescent pregnancy with a primary focus of preventing the onset of early sexual activity;
(3) level of community support, including endorsement from the appropriate local governmental entity and documentation from the appropriate local governmental entity and from community organizations that citizens were given the opportunity to provide input into the proposed program and that there is community support for the proposal. Documentation may include letters or statements of support from citizens or community organizations or statements that community support was expressed at public hearings. A public hearing is not required by this item;
(4) degree of need of the locality, including that the county has a significant adolescent pregnancy problem;
(5) clear demonstration of how the project will coordinate, collaborate, and utilize the resources of other community entities that have an interest in positive youth development and adolescent risk behavior reduction.
(E) If a project that has been selected for first-year funding continues to meet the requirements of subsections (B) and (C), funding for that project shall continue, to the extent of available money, for an additional four years. The level of funding provided by the council to approved projects must be set according to this schedule:
(1) first year, eighty percent of the project's annual budget not to exceed the maximum award established by the department;
(2) second year, ninety percent of the state funds awarded in the first year;
(3) third year, seventy-five percent of the state funds awarded in the first year;
(4) fourth year, sixty-five percent of the state funds awarded in the first year;
(5) fifth year, fifty percent of the state funds awarded in the first year.
The portion of a project's budget that must come from sources other than the State may be provided as in-kind contributions as well as cash.
(F) No project shall receive state funding if it has received state funding for five full years previously. A project that has received state funding before July 1, 1995, is eligible for consideration for an additional five years' state support but the project must meet the same requirements as other applicants and must be treated as other applicants in the selection process.
(G) The council shall determine the maximum annual amount that may be awarded to any one project.
(H) As adolescent pregnancy prevention project grant funds decrease, a project shall maintain its original budget level, less the amount expended for start-up costs. The council shall develop guidelines for determining start-up costs, and these guidelines must be uniform for all projects. Local match percentage may come from any in-kind source or newly generated funds, public or private, available to the project.
(I) Project selection must be based solely on the merits of the proposals submitted to the council."/
Amend sections, totals and title to conform.
Senator JACKSON explained the amendment.
Senator JACKSON moved that the amendment be adopted.
The amendment was adopted.
Senator GIESE proposed the following Amendment No. 233 (PFM\7472AC.95), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 40-43-260, AS AMENDED, 0F THE 1976 CODE, RELATING TO DISCIPLINARY ACTION THAT MAY BE TAKEN AGAINST A PHARMACIST, SO AS TO AUTHORIZE THE BOARD TO IMPOSE A CIVIL FINE OF ONE THOUSAND DOLLARS.
Section 40-43-260 of the 1976 Code, as last amended by Section 917, Act 181 of 1993, is further amended to read:
"Section 40-43-260. (A) The board may, after a hearing and upon proof that grounds exist, may order the revocation or suspension of a license, publicly or privately reprimand the holder of a license, or take any other reasonable action short of revocation or suspension, such as requiring the licensee to undertake additional professional training subject to the direction and supervision of the board. The board may also impose such restraint upon the practice of the licensee as circumstances warrant until the licensee demonstrates to the board adequate professional competence. In addition to any other sanction imposed by the board upon the licensee, the board may require the licensee to pay a civil penalty of up to one thousand dollars to the board for each violation of this chapter or of the regulations promulgated by the board, but the total penalty or fine for the violations may not exceed ten thousand dollars. All fines must be remitted to the State Treasurer and deposited in a special fund from which the board must be reimbursed for administrative costs for each case upon the approval of the Budget and Control Board. At any time when this fund exceeds twenty thousand dollars, all excess funds must be remitted to the General Fund. Fines are payable immediately upon the effective date of discipline. Interest accrues after fines are due at the maximum rate allowed by law. No licensee against whom a fine is levied is eligible for reinstatement until the fine has been paid in full. Any action of the board relating to the revocation or suspension of a license, or other action either restricting a license or limiting or otherwise disciplining a licensee, shall must be taken only after a written complaint of misconduct has been filed with the board in accordance with the Administrative Procedures Act (Act 176 of 1977) [Sections 1-23-10 et seq.] and regulations promulgated by it the board. If a complaint is not dismissed, in accordance with subsection (B), a hearing shall must be held.
(B) Upon its review, the board may either dismiss the complaint or find that the licensee is guilty of misconduct meriting sanction. In either event, the board shall file a final certified report of the proceedings before it with the secretary of the board and the secretary shall forthwith notify the complainant and the licensee and their counsel of such the action.
(C) Any A decision by the board to revoke, suspend, fine, or otherwise restrict a license or limit or otherwise discipline a licensee shall must be by majority vote of the board members and shall be is subject to review by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 upon petition filed by the licensee with the administrative law judge and a copy served upon the secretary of the board within thirty days from the date of delivery of its decision to the licensee. Such The review shall be is limited to the record established by the board hearing.
(D) Any A decision by the board to revoke, suspend, fine, or otherwise restrict a license or limit or otherwise discipline a licensee shall become becomes effective upon delivery of a copy of such the decision to the licensee and a petition for review by an administrative law judge shall does not operate as a supersedeas.
(E) Misconduct, which constitutes grounds for revocation, suspension, fine, or other restriction of a license or a limitation on or other discipline of a licensee shall be is satisfactory showing to the board of any of the following:
(1) that any a false, fraudulent or forged statement or document has been used or any a fraudulent, deceitful or dishonest act has been practiced by the holder of a license in connection with any of the a licensing requirements requirement.;
(2) that the holder of a license has been convicted of a felony or any other crime involving fraud, drugs, or any of the laws relating to controlled substances, intoxicating liquors, or the unlawful sales of dangerous drugs as prohibited by the Federal Food, Drug and Cosmetic Act.;
(3) that the holder of a license uses alcohol or drugs to such a degree as to render him unfit to practice pharmacy.;
(4) that the holder of a license has been convicted of the illegal or unauthorized practice of pharmacy.;
(5) that the holder of a license has knowingly performed any an act which in any way assists an unlicensed person to violate any provisions of the pharmacy laws.;
(6) that the holder of a license has sustained any physical or mental disability, as determined by a physician, which renders further practice by him dangerous to the public.;
(7) that the holder of a license is guilty of engaging in any dishonorable, unethical, or unprofessional conduct that is likely to deceive, defraud, or harm the public.;
(8) that the holder of a license is guilty of the use of any intentionally fraudulent statement in any document connected with the practice of pharmacy.;
(9) that the holder of a license is guilty of obtaining fees or assisting in obtaining such fees under intentionally fraudulent circumstances.;
(10) that the holder of a license has intentionally violated or attempted to violate, directly or indirectly, or is assisting in or abetting the violating or conspiring to violate any provisions or terms of this chapter or any regulations promulgated under this chapter.;
(11) that the holder of a license has been found by the board to lack the ethical or professional competence to practice pharmacy.;
(12) that the holder of a license has practiced pharmacy while under the influence of alcohol, drugs, or other intoxicants.
(F) In addition to all other remedies and actions incorporated in this section, the license of any a pharmacist adjudged mentally incompetent by any a court of competent jurisdiction shall must be automatically suspended by the board until the pharmacist is adjudged by a court of competent jurisdiction or in any other manner provided by law as being restored to mental competency."/
Amend sections, totals and title to conform.
Senator GIESE explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator RICHTER proposed the following Amendment No. 238 (3362R305.LER), which was tabled:
Amend the bill, as and if amended, Part II, on page 601, after line 31, by adding a new section to read:
TO AMEND SECTION 9-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTIONAL FORMS OF RETIREMENT ALLOWANCES UNDER THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW A MEMBER UNDER PARTICULAR OPTIONS TO RECEIVE A FULL RETIREMENT ALLOWANCE RATHER THAN A REDUCED ALLOWANCE UNDER CERTAIN CONDITIONS, AND TO AMEND SECTION 9-11-210, AS AMENDED, RELATING TO CONTRIBUTIONS TO THE SYSTEM, SO AS TO INCREASE THE EMPLOYEE CONTRIBUTIONS OF CLASS ONE AND CLASS TWO MEMBERS BY ONE AND ONE TENTH PERCENT OF ONE PERCENT TO OFFSET THE ACTUARIAL COST OF THE ABOVE PROVISION.
A. Section 9-11-150 of the 1976 Code, as last amended by Act 336 of 1992, is further amended to read:
"Section 9-11-150. Until the first payment on account of a retirement allowance becomes normally due, any member or beneficiary may elect, by filing with the system, to convert the retirement allowance otherwise payable on his account after retirement into a retirement allowance of equivalent value under one of the optional forms named below, the retirement allowance under the option selected being due and payable on the date of retirement:
Option 1. A reduced retirement allowance payable during the retired member's life, with the provision that the reduced allowance continues after his death to and for the life of the beneficiary, or to the trustee of the beneficiary, nominated by him by written designation duly acknowledged and filed with the board at the time of retirement, if the person survives him. To the extent the actuarial cost of the beneficiary's allowance provided under this option exceeds the cost of the member's benefit as provided under Option 2, the member's retirement allowance must be reduced to offset the actuarial cost in excess of the member's benefit as provided in Option 2;
Option 2. A reduced retirement allowance payable during the retired member's life, with the provision that it continues after his death at one-half the rate paid to him to and for the life of the beneficiary, or the trustee of the beneficiary, nominated by him by written designation duly acknowledged and filed with the board at the time of retirement, if the person survives him. The retirement allowance of the member under this option must be the allowance otherwise payable to him on his account without reduction, except that to the extent the actuarial cost of the beneficiary's allowance provided under this option exceeds fifteen percent of the member's maximum benefit, the member's retirement allowance must be reduced to offset the cost in excess of fifteen percent of the member's maximum benefit;
Option 3. Effective July 1, 1990, a retirement allowance of the amount that, with his benefit under Title II of the Federal Social Security Act, he will receive, so far as possible, approximately the same amount a year before and after the earliest age at which he becomes eligible, upon application therefor, to receive a Social Security benefit. Cost-of-living and other special increases in benefits are not applied to the amount advanced under this Option;
Option 4. A member may elect either Option 1 or 2 with the added provision that, if the designated beneficiary predeceases the member, the retirement allowance payable to the member after the designated beneficiary's death must be equal to the retirement allowance which would have been payable had the member not elected the option;
Option 5. A member may elect Option 1 or 2 with the added provision that the reduced retirement allowance after his death must be payable in equal shares to and for the life of each of two or more beneficiaries, or to the trustee or trustees of the beneficiaries, for so long as the beneficiary survives him. The benefit reduction factor must be based on the average age of the beneficiaries.
A member having elected Option 1, 2, or 4 and nominated his or her spouse to receive a retirement allowance upon the member's death may, after divorce from or death of his or her spouse, revoke the nomination and elect a new option effective on the first day of the month in which the new option is elected, providing for a retirement allowance computed to be the actuarial equivalent of the retirement allowance in effect immediately before the effective date of the new option. The election of a new option after the death of the member's spouse must be made before the later of July 1, 1992, or the first anniversary of the death of the spouse. A new option may be elected after a change in marital status.
A member who retired after under the provisions of Option 3 before July 1, 1990, may elect to have his benefit adjusted so that cost-of-living and other special increases in benefits are not applied to the amount of advance or reduction in allowance under this option after July 1, 1992, or the member's attainment of age sixty-two, if later, by making a special lump sum payment before that date. This lump sum payment must be equal to the excess, if any, of cost-of-living and other special increases in benefits actually paid to the member, over the increases that would have been paid had the member not elected an optional form of allowance. If a member does not elect to make the payment, his benefit must be automatically adjusted when no such excess exists, but not before July 1, 1992."
B. Section 9-11-210(1) of the 1976 Code, as last amended by Act 424 of 1988, is further amended to read:
"(1) Each Class One member shall contribute to the system twenty-one dollars and eighteen cents a month during his service after becoming a member. Each Class Two member shall contribute to the system six and one-half seven and six tenths percent of his compensation."
C. Subsection A of this Section takes effect upon approval by the Governor and applies with respect to persons retiring on or after the effective date of this Section. Subsection B of this act takes effect upon approval by the Governor and applies with respect to contributions made after June 30, 1995./
Amend sections, totals and title to conform.
Senator RICHTER explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senators WILSON, THOMAS, RUSSELL, COURSON, GREGORY and MARTIN proposed the following Amendment No. 235 (GJK\21966SD.95), which was later tabled:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND SECTION 11-11-440 OF THE 1976 CODE, RELATING TO THE LIMITATION ON TAX INCREASES AND NEW TAXES, SO AS TO PROVIDE THE VOTING REQUIREMENT TO ENACT THE INCREASES AND NEW TAXES, AND TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-60 SO AS TO LIMIT THE AMOUNT BY WHICH THE STATE'S POLITICAL SUBDIVISIONS MAY INCREASE THE MILLAGE RATE AND DEFINE TERMS.
A. Section 11-11-440(A) of the 1976 Code is amended to read:
"(A) The General Assembly may not provide for any general tax increase or enact new general taxes in the permanent provisions of the State General Appropriation Act or acts supplemental thereto, to it. and any such General tax increases or new general taxes must be enacted only by separate act passed by a vote of at least three-fifths of the members of each house."
B. The 1976 Code is amended by adding:
"Section 6-1-60. The various political subdivisions of the State may not increase the millage rate imposed for operating purposes, excluding utilities, for a tax year over the millage rate imposed for such purposes for the prior tax year by more than the percentage increase in the consumer price index in the most recently completed calendar year. As used in this section, 'political subdivisions' include counties, municipalities, special purpose, or public service districts, and the governing bodies authorized by law to levy school taxes. An increase, not to exceed the increase allowed to reflect the consumer price index, may be imposed by a three-fifth's vote of the governing body. Any further increase may be imposed only if the increase is approved by a majority of the qualified electors of the political subdivision voting in a referendum called for this purpose."
C. This section takes effect July 1, 1995, except that subsection (B) applies for property tax years beginning after 1995. Any political subdivision which increases its ad valorem millage rates on or after January 1, 1996, in violation of Section 6-1-60 as amended by this section shall have its allocation from Aid to Subdivisions in Part IA, Section 68A of the 1995-96 general appropriations act, and in the applicable part of any future general appropriations act, reduced by the amount of the ad valorem taxes derived from the excess millage. No funds may be expended in any manner after July 1, 1995, or appropriated in any general appropriations act, including the 1995-96 general appropriations act, which are derived from a general tax increase enacted after July 1, 1995, which violates the provisions of Section 11-11-440 as amended by this section./
Renumber sections and amend totals and title to conform.
Senator WILSON argued in favor of the adoption of the amendment.
Senator LEATHERMAN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senators LEATHERMAN, WILSON, PASSAILAIGUE and THOMAS spoke on the Point of Order.
The PRESIDENT took the Point of Order under advisement.
Senator GREGORY proposed the following Amendment No. 239A (3362R308.CKG), which was tabled:
Amend the bill, as and if amended, Part II, on page 601, after line 31, by adding a new section to read:
TO AMEND SECTION 2-1-180, OF THE 1976 CODE, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING.
Section 2-1-180 of the 1976 Code is amended to read:
"Section 2-1-180. The regular annual session of the General Assembly shall adjourn sine die each year not later than 5:00 p.m. on the first second Thursday in June May. In any year that the House of Representatives fails to give third reading to the annual General Appropriations Bill by March thirty-first fifteenth, the date of sine die adjournment is extended by one statewide day for each statewide day after March thirty-first fifteenth that the House of Representatives fails to give the bill third reading. The session may also be extended by concurrent resolution adopted by a two-thirds vote of both the Senate and House of Representatives. During the time between 5:00 p.m. on the first second Thursday in June May and the extended sine die adjournment date, as set forth herein, no legislation or other business may be considered except the General Appropriations Bill and any matters approved for consideration by a concurrent resolution adopted by two-thirds vote in both houses."
B. Members in attendance at any meeting of a committee or subcommittee of any standing committee of the House or Senate are prohibited from receiving per diem during the annual regular session of the General Assembly but are authorized to receive subsistence at the rate established in the annual General Appropriation Act. The subsistence payments provided in subsection A are to be paid from funds authorized in the annual General Appropriation Act when approved under the requirements set forth therein./
Amend sections, totals and title to conform.
Senator GREGORY argued in favor of the adoption of the amendment and Senator LEATHERMAN argued contra.
Senator GREGORY moved that the amendment be adopted.
Senator DRUMMOND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Drummond Ford Giese Glover Land Leatherman Leventis McConnell McGill Moore O'Dell Patterson Reese Short Stilwell Washington
NAYS
Alexander Bryan Cork Courson Courtney Elliott Gregory Hayes Lander Martin Matthews Mescher Passailaigue Peeler Rankin Richter Rose Russell Ryberg Setzler Smith, G. Thomas Waldrep Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator LEVENTIS was recognized and argued contra to the adoption of the amendment.
Senator WASHINGTON raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator RYBERG raised a Point of Order that the Point of Order raised by Senator WASHINGTON was out of order inasmuch as it came too late.
The PRESIDENT overruled the Point of Order raised by Senator RYBERG.
Senators McCONNELL, GREGORY and WASHINGTON spoke on the Point of Order raised by Senator WASHINGTON.
The PRESIDENT overruled the Point of Order raised by Senator WASHINGTON.
Senator LEVENTIS argued contra to the adoption of the amendment.
Senator McCONNELL argued contra to the adoption of the amendment.
Senator STILWELL argued contra to the adoption of the amendment.
Senator McCONNELL moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Drummond Ford Giese Glover Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Reese Rose Short Smith, G. Smith, J.V. Stilwell Washington
NAYS
Alexander Bryan Cork Courson Courtney Elliott Gregory Hayes Peeler Rankin Richter Russell Ryberg Setzler Thomas Waldrep Wilson
The amendment was laid on the table.
On motion of Senator SETZLER, with unanimous consent, Amendment No. 245 was taken up for immediate consideration.
Senators MOORE, SETZLER, PASSAILAIGUE and SHORT proposed the following Amendment No. 245 (S-EDUC\030.EMS), which was adopted:
Amend the bill, as and if amended, Part II, Section 83, page 592, line 1, by striking lines 1 through 3.
Amend the bill further, as and if amended, Part II, Section 83, page 592, line 5, by striking /State Board of Education/ and inserting:
/Joint Bond Review Committee which shall recommend to the General Assembly/.
Amend the bill further, as and if amended, Part II, Section 83, page 592, line 9, after /Committee./ by inserting:
/Those appointing the members must ensure that the five members are representative of all geographic areas of the state and that both urban and rural areas are represented./.
Amend the bill further, as and if amended, Part II, Section 83, page 592, line 9, after /years/ by inserting:
/only; however, of the initial appointments, the Governor's appointee shall serve a three year term, the appointees of the Senate and House Education Committee chairmen shall serve three year terms and the appointees of the House Ways and Means and Senate Finance Committee chairmen shall serve two year terms/.
Amend the bill further, as and if amended, Part II, Section 83, page 592, line 10 by striking:
/All members shall serve until their successors are appointed and qualify./.
Amend the bill further, as and if amended, Part II, Section 83, page 592, line 15 by adding a new section to read:
/Section 59-144-65. The Joint Bond Review Committee shall annually recommend to the Senate Finance Committee and the House Ways and Means Committee, public school facility projects to be authorized and funded on a priority basis using the criteria developed pursuant to this chapter. The General Assembly shall annually provide for public school facility project authorizations from the Public Facilities Assistance Program funds and such authorizations must be established by a joint resolution originating in either the House of Representatives or the Senate.
Amend the bill further, as and if amended, Part II, Section 83, page 592, line 23 after /school facilities,/ by inserting:
/after authorization by the General Assembly/.
Amend the bill further, as and if amended, Part II, Section 83, page 593, line 1 by deleting line 1 and inserting:
/Section 59-144-120. The applications for projects which are eligible for state grants shall be ranked by/.
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator RANKIN proposed the following Amendment No. 240 (JIC\5967HTC.95), which was ruled out of order:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
DIRECTING THE DEPARTMENT OF REVENUE AND TAXATION TO CONDUCT A STUDY OF THE MOST EFFICIENT AND FAIREST METHODS OF PROVIDING PROPERTY TAX RELIEF TO HOMEOWNERS AND TO REQUIRE THE REPORT AND RECOMMENDATIONS TO BE SUBMITTED TO THE GENERAL ASSEMBLY NO LATER THAN JANUARY 15, 1996.
The Department of Revenue and Taxation shall conduct a study of the laws of the fifty states to determine the fairest, most cost effective, and simplest to administer method of providing property tax relief to homeowners giving special regard to providing such relief to senior citizens living on fixed incomes and the disabled. The study should also review proposals recommended by groups interested in this field which have not yet been enacted in any jurisdiction. Special consideration should be given to the provisions of the Homestead Property Tax Deferral for the Elderly Act, S.451 of 1991 and of "circuitbreaker" statutes, which limit the impact of property taxes as a percentage of the household income of low-income individuals. The study should offer a range of recommendations complete with revenue impact on state and local government budgets. The study and recommendations must be reported to the General Assembly no later than January 15, 1996./
Amend sections, totals and title to conform.
Senator RANKIN argued in favor of the adoption of the amendment.
Senator RANKIN moved that the amendment be adopted.
Senator LEATHERMAN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senators RANKIN and LEATHERMAN spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
Senator GREG SMITH proposed the following Amendment No. 243A (3362R310.GS), which was ruled out of order:
Amend the bill, as and if amended, Part II, on page 601, after line 31, by adding a new section to read:
TO AMEND CHAPTER 5, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT A PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX COLLECTIONS IN EXCESS OF SIX MILLION DOLLARS AND HAS PASSED A REFERENDUM AUTHORIZING THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180.
A. Chapter 5, Title 61 of the 1976 Code is amended by adding:
"Section 61-5-185. (A) Permits authorized by Section 61-5-180 may be issued to bona fide nonprofit organizations and businesses established and licensed under Section 61-5-50, upon application and payment of the filing and permit fees, as authorized in subsection (B).
(B) Notwithstanding any other provision of law, an organization or business may qualify for the issuance of such permits if:
(1) the applicant is an organization or business that is located east of the intracoastal waterway in an area of the county that adjoins a county that has passed a referendum authorizing the issuance of permits pursuant to Section 61-5-180 and has annual accommodations tax collections in excess of six million dollars;
(2) the annual accommodation tax collections in the county where the applicant is located exceeds five hundred thousand dollars; and
(3) a majority of the qualified electors of the area vote in a referendum in favor of the issuance of the permits. The petition must clearly identify the area of the county for which the referendum is sought. The county election commission shall conduct a referendum upon petition of at least ten percent but not more than twenty-five hundred qualified electors of the area for which the authorization to issue permits is sought. The county election commission shall review and certify that the requisite number of signatures has been obtained within a reasonable period of time after receipt not to exceed thirty days and the referendum must be held not less than thirty nor more than forty days after such certification. The election commission shall cause a notice to be published in a newspaper circulated in the area of the county for which authorization to issue a permit is sought at least seven days before the referendum. The state election laws shall apply to the referendum mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the Department of Revenue. The question on the ballot shall read substantially as follows:
'Shall the Department of Revenue be authorized to issue temporary permits in the (portion of the unincorporated area of the county) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales?'
A referendum for this purpose for a given county area may not be held more often than once in forty-eight months. However, nothing in this section shall be construed to affect a referendum held pursuant to Section 61-5-180.
The expenses of any such referendum must be paid by the county or municipality conducting the referendum."/
Amend sections, totals and title to conform.
Senator GREG SMITH explained the amendment.
Senator THOMAS raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senators THOMAS and GREG SMITH spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
Senator GREGORY proposed the following Amendment No. 224 (PFM\7471BDW.95), which was tabled:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 2-1-175 SO AS TO PROVIDE FOR THE ANNUAL CONVENING OF THE GENERAL ASSEMBLY, THE RECESS, COMMITTEE MEETINGS, AND PER DIEM.
A. The 1976 Code is amended by adding:
"Section 2-1-175. The regular annual session of the General Assembly shall convene on the second Tuesday in January and stand in recess until the second Tuesday in February. During the recess the committees of the Senate and House of Representatives may meet. The members of the General Assembly shall receive per diem during the recess when they are working in their Columbia office on statewide legislative days and when they attend committee meetings."
B. This section takes effect July 1, 1995./
Amend sections, totals and title to conform.
Senator GREGORY argued in favor of the adoption of the amendment.
Senator GREGORY moved that the amendment be adopted.
Senator MOORE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Drummond Ford Giese Glover Jackson Land Lander Leatherman Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Rankin Reese Short Smith, G. Smith, J.V. Washington
NAYS
Alexander Bryan Cork Courson Courtney Elliott Gregory Hayes Leventis Peeler Richter Rose Russell Ryberg Setzler Stilwell Thomas Waldrep Wilson
The amendment was laid on the table.
The PRESIDENT took up the Point of Order raised by Senator LEATHERMAN that Amendment No. 235 (GJK\21966SK.95) proposed by Senators WILSON, THOMAS, RUSSELL, COURSON, GREGORY and MARTIN was out of order inasmuch as it was not germane to the Bill.
The PRESIDENT overruled the Point of Order.
The Senate proceeded to a consideration of Amendment No. 235.
Senator LANDER argued contra to the adoption of the amendment.
Senator LEATHERMAN requested under Rule 18 to divide the question.
Senator MARTIN spoke on the motion.
Senator SALEEBY spoke on the motion.
Senator LANDER moved to lay the amendment on the table.
Senator SETZLER raised a Point of Order that the motion to table was out of order inasmuch as the motion to divide the question was before the body.
Senator THOMAS spoke on the Point of Order.
The PRESIDENT stated that Rule 18 provides that the division of the question is a request and not a motion.
Amendment No. 235 was divided as follows:
Part A of Amendment No. 235
The question then was the adoption of Part A.
TO AMEND SECTION 11-11-440 OF THE 1976 CODE, RELATING TO THE LIMITATION ON TAX INCREASES AND NEW TAXES, SO AS TO PROVIDE THE VOTING REQUIREMENT TO ENACT THE INCREASES AND NEW TAXES.
A. Section 11-11-440(A) of the 1976 Code is amended to read:
"(A) The General Assembly may not provide for any general tax increase or enact new general taxes in the permanent provisions of the State General Appropriation Act or acts supplemental thereto, to it. and any such General tax increases or new general taxes must be enacted only by separate act passed by a vote of at least three-fifths of the members of each house."
Senator BRYAN raised a Point of Order that Part A of Amendment No. 235 was out of order inasmuch as it was not germane to the Bill.
Senator THOMAS spoke on the Point of Order.
Senator THOMAS raised a Point of Order that the Point of Order raised by Senator BRYAN was out of order inasmuch as it came too late.
Senator BRYAN spoke on the Point of Order.
The PRESIDENT overruled the Point of Order raised by Senator THOMAS.
The PRESIDENT overruled the Point of Order raised by Senator BRYAN.
Senator LANDER moved to lay Part A of Amendment No. 235 on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Bryan Drummond Elliott Ford Glover Jackson Land Lander Leatherman Leventis Matthews McConnell McGill Moore O'Dell Patterson Rankin Reese Short Smith, G. Washington
NAYS
Alexander Cork Courson Courtney Giese Gregory Hayes Martin Mescher Passailaigue Peeler Richter Rose Russell Ryberg Setzler Smith, J.V. Stilwell Thomas Waldrep Wilson
The PRESIDENT voted "no."
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator BRYAN argued contra to the adoption of the amendment.
Senator BRYAN moved to lay Part A of Amendment No. 235 on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Bryan Drummond Ford Giese Glover Jackson Land Lander Leatherman Leventis Matthews McConnell McGill Moore O'Dell Patterson Rankin Reese Short Smith, G. Smith, J.V. Washington
NAYS
Alexander Cork Courson Courtney Elliott Gregory Hayes Martin Mescher Peeler Richter Rose Russell Ryberg Setzler Stilwell Thomas Waldrep Wilson
Part A of Amendment No. 235 was laid on the table.
This is clearly unconstitutional. It must be accomplished by a joint resolution. To pass this to look good to the voters back home but know it will be taken to the courts and make lawyers rich is wrong. I am pledged to uphold the Constitution - not to violate it. To bind the legislature we must pass a constitutional amendment.
The question then was the adoption of Part B of Amendment No. 235.
TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-60 SO AS TO LIMIT THE AMOUNT BY WHICH THE STATE'S POLITICAL SUBDIVISIONS MAY INCREASE THE MILLAGE RATE AND DEFINE TERMS.
B. The 1976 Code is amended by adding:
"Section 6-1-60. The various political subdivisions of the State may not increase the millage rate imposed for operating purposes, excluding utilities, for a tax year over the millage rate imposed for such purposes for the prior tax year by more than the percentage increase in the consumer price index in the most recently completed calendar year. As used in this section, 'political subdivisions' include counties, municipalities, special purpose, or public service districts, and the governing bodies authorized by law to levy school taxes. An increase, not to exceed the increase allowed to reflect the consumer price index, may be imposed by a three-fifth's vote of the governing body. Any further increase may be imposed only if the increase is approved by a majority of the qualified electors of the political subdivision voting in a referendum called for this purpose."
C. This section takes effect July 1, 1995, except that subsection (B) applies for property tax years beginning after 1995. Any political subdivision which increases its ad valorem millage rates on or after January 1, 1996, in violation of Section 6-1-60 as amended by this section shall have its allocation from Aid to Subdivisions in Part IA, Section 68A of the 1995-96 general appropriations act, and in the applicable part of any future general appropriations act, reduced by the amount of the ad valorem taxes derived from the excess millage. No funds may be expended in any manner after July 1, 1995, or appropriated in any general appropriations act, including the 1995-96 general appropriations act, which are derived from a general tax increase enacted after July 1, 1995, which violates the provisions of Section 11-11-440 as amended by this section./
Renumber sections and amend totals and title to conform.
Senator BRYAN spoke on the amendment.
Senator BRYAN moved that Part B of Amendment No. 235 be tabled.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Bryan Drummond Elliott Ford Glover Jackson Land Lander Leatherman Leventis Matthews McGill Mescher Moore O'Dell Patterson Rankin Reese Rose Ryberg Short Smith, G. Smith, J.V. Stilwell Waldrep Washington
NAYS
Cork Courson Courtney Giese Gregory Martin McConnell Peeler Richter Russell Thomas Wilson
Setzler
Part B of Amendment No. 235 was laid on the table.
In an effort to be sure I do not violate the ethics law of 1991, I abstain from voting on Sections B and C of Amendment No. 235 because I represent a division of local government in legal matters.
Because counties are political subdivisions, this is constitutional since the General Assembly may impose restrictions on the spending of local government. Therefore, I can support this with a clear conscience.
I voted against Part B, containing Sections "B" and "C" of Amendment No. 235 for two reasons. First, I see no reason to require a "three-fifth's vote of the governing body" just for millage to keep up with the rate of inflation, as would be required by the third sentence of Section "B". Secondly, this amendment makes no provision for certain contingencies, like emergencies and additional unfunded mandates.
I favor limiting the growth of a local government's tax millage to the rate of inflation, as may be measured by the Consumer Price Index. I also favor requiring voter approval or a super-majority vote of a governing body to raise tax millage beyond a certain rate. However, local governments must have the latitude to raise money needed due to extraordinary or emergency circumstances beyond their control, such as Hurricane Hugo, and to pay for new unfunded mandates imposed upon them by the federal or state governments. Perfecting these amendment provisions was not feasible when this 1:00 A.M. vote was taken at the end of a fifteen-hour session.
Senators MOORE, GIESE and McGILL proposed the following Amendment No. 246 (3362R251.TLM), which was adopted:
Amend the bill, as and if amended, Part II, page 522, Section 48, by striking the section in its entirety and inserting:
TO REDUCE THE SOFT DRINKS TAX BY AN INCREMENTAL ONE-SIXTH IN FISCAL YEARS 1996-97 THROUGH 2000-2001; TO REPEAL ARTICLE 13, CHAPTER 21 OF TITLE 12 OF THE 1976 CODE, RELATING TO THE IMPOSITION OF THE SOFT DRINKS TAX, EFFECTIVE JULY 1, 2001 AND TO CREATE SPECIAL JOINT COMMITTEE TO REVIEW SALES AND EXCISE TAX STATUTES.
A. Notwithstanding the rates of the soft drinks license tax imposed pursuant to Article 13, Chapter 21, Title 12 of the 1976 Code, the license tax due from a taxpayer pursuant to that article is reduced as follows for returns due during the applicable fiscal year:
Fiscal Year Liability Reduction
1996-97 one-sixth
1997-98 one-third
1998-99 one-half
1999-2000 two-thirds
2000-2001 five-sixths
B. Article 13, Chapter 21, Title 12 of the 1976 Code is repealed effective July 1, 2001.
C. There is created a special Joint Committee to review the structure, applicability, operation and exemptions of all sales, use and excise taxes imposed under Title 12 of the 1976 Code. The Committee shall be composed of eight (8) members, four who shall be members of the Senate appointed by the Chairman of the Senate Finance Committee and four who shall be members of the House of Representatives appointed by the Chairman of the House Ways and Means Committee. The Committee shall publish its report and transmit the same to the members of the General Assembly, not later than March thirty-first of 1996./
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator DRUMMOND asked unanimous consent that the staff of the Finance Committee be authorized to prepare the necessary balancing amendments to be delivered to the Clerk and along with any necessary technical corrections certified by the Clerk, the amendments would be adopted and the Bill be given a third reading.
There was no objection.
Senator DRUMMOND proposed the following Amendment No. 247 (009.FAR), which was adopted:
Amend the bill, as and if amended, Part IA, Section 71, ESTIMATE OF GENERAL, SCHOOL, HIGHWAY, AND EDUCATION IMPROVEMENT ACT REVENUES, page 378, Senate Finance Committee column by:
STRIKING: Departmental Revenue 50,224,391
INSERTING: Departmental Revenue 51,417,198
Amend the bill further, as and if amended, Part IA, Section 71, ESTIMATE OF GENERAL, SCHOOL, HIGHWAY, AND EDUCATION IMPROVEMENT ACT REVENUES, page 378, Senate Finance Committee column by:
STRIKING: Soft Drinks Tax 23,021,000
INSERTING: Soft Drinks Tax 27,621,000
Amend sections, totals and title to conform.
Senator DRUMMOND explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
There being no further amendments, the Bill, H. 3362, the General Appropriation Bill, was read the third time, returned to the House with amendments.
Senator ROSE desired to be recorded as voting against the third reading of the Bill.
Senator DRUMMOND moved that, when the Senate adjourns on Monday, May 8, 1995, it stand adjourned to meet next Tuesday, May 9, 1995, at 12:00 Noon, which motion was adopted.
At 12:50 A.M., on motion of Senator DRUMMOND, the Senate adjourned to meet next Monday, May 8, 1995, at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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