Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 10:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, in the spirit of Confederate Memorial Day, hear the words of Psalm 133 (NRSN):
"How very good and pleasant it is
when kindred live together in unity!
It is like the precious oil on the head,
running down upon the beard, on the
beard of Aaeon,...
It is like the dew of Hermon, which falls
on the mountains of Zion.
For there the Lord ordained his blessing,
life forevermore."
Let us pray.
Lord God of Hosts, we remember in sadness and in prayer the great tragedy of more than a century ago when our country was torn asunder... and our forebearers suffered... and bled... and died.
We give thanks for the over-arching Providence that, in spite of the anger and hatred of people on both sides, healed the wounds and preserved a nation in hope.
As we face the future, we pray that our national goals will be for such justice, charity, and loyal brotherhood that this nation will remain, as long as our world is preserved,... "ONE NATION UNDER GOD."
To that end, O Lord, give us leaders like those...
"Whom power could not corrupt,
Whom death could not terrify,
Whom defeat could not dishonor,...
Teaching all who may claim the same birthright,
That truth, courage, and patriotism endure forever."
In the Name of the Prince of Peace. Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator McCONNELL introduced Dr. Frederick Reed of Charleston, S.C., Doctor of the Day.
At 10:00 A.M., Senator ROSE requested a leave of absence beginning at 12:00 Noon for the balance of the day.
On motion of Senator PEELER, at 10:25 A.M., Senator FAIR was granted a leave of absence until 11:30 A.M.
At 11:00 A.M., Senator SALEEBY requested a leave of absence beginning at 6:00 P.M. and lasting until Tuesday, May 13, 1997.
At 12:25 P.M., Senator JACKSON requested a leave of absence until 3:00 P.M.
At 12:50 P.M., Senator WILLIAMS requested a leave of absence beginning at 4:00 P.M. for the balance of the day.
At 3:00 P.M., Senator REESE requested a leave of absence for the balance of the day and tomorrow.
At 3:05 P.M., Senator RAVENEL requested a leave of absence until 4:00 P.M.
At 4:15 P.M., Senator LAND requested a leave of absence until 6:30 P.M.
At 4:30 P.M., Senator COURTNEY requested a leave of absence for the balance of the day.
At 5:05 P.M., Senator HAYES requested a leave of absence for the balance of the day.
The following were introduced:
S. 740 -- Senator Patterson: A CONCURRENT RESOLUTION TO RECOGNIZE ALL STUDENTS OF LINCOLN HIGH SCHOOL AS THEY GATHER IN CELEBRATION OF THEIR THIRD HIGH SCHOOL REUNION, AND TO WISH ALL FORMER STUDENTS IN ANY CLASS FROM FIRST GRADE TO TWELFTH GRADE A SUCCESSFUL AND ENJOYABLE REUNION WEEKEND AND BEST WISHES FOR THE FUTURE.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 741 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-78-30(C) RELATING TO THE DEFINITION OF EMPLOYEE SO AS TO PROVIDE THAT A GUARDIAN AD LITEM IS IMMUNE FROM LIABILITY FOR ACTS OR OMISSIONS WHEN ACTING IN THE SCOPE OF THEIR OFFICIAL DUTY; TO ADD ITEM (32) TO SECTION 15-78-60 RELATING TO GOVERNMENTAL IMMUNITY FOR ACTS AND OMISSIONS OF VOLUNTEERS IN PUBLIC GUARDIAN AD LITEM PROGRAMS AND TO REPEAL SECTION 20-7-127 RELATING TO LIMITED IMMUNITY OF VOLUNTEER GUARDIANS AD LITEM.
Read the first time and referred to the Committee on Judiciary.
S. 742 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FAMILY INDEPENDENCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2177, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time, ordered placed on the Calendar without reference.
S. 743 -- Senators Wilson, Peeler, Martin, Courson, Fair, Leventis, Short, Courtney, Gregory and Alexander: A SENATE RESOLUTION CONGRATULATING THE ORGANIZATION, GUN OWNERS OF SOUTH CAROLINA, ON BEING HONORED BY THE NATIONAL RIFLE ASSOCIATION'S INSTITUTE FOR LEGISLATIVE ACTION AS "VOLUNTEER ASSOCIATION OF THE YEAR" FOR THE NATION.
The Senate Resolution was adopted.
S. 744 -- Senator Short: A CONCURRENT RESOLUTION TO CONGRATULATE THE GREAT FALLS HIGH SCHOOL BOYS' BASKETBALL TEAM, COACH AND STAFF FOR WINNING THE 1996-97 CLASS 'A' STATE BASKETBALL CHAMPIONSHIP AND CONTINUING A TRADITION OF EXCELLENCE.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 745 -- Senator Bryan: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND DR. KENNETH BRADLEY ORR ON THE OCCASION OF HIS RETIREMENT AS PRESIDENT OF PRESBYTERIAN COLLEGE.
The Senate Resolution was adopted.
S. 746 -- Senator Drummond: A SENATE RESOLUTION TO HONOR AND COMMEND REVEREND JAMES BLACKWELL FOR HIS SERVICE TO THE ABBEVILLE COUNTY EMERGENCY MEDICAL SERVICES SYSTEM.
The Senate Resolution was adopted.
H. 3945 -- Reps. Young-Brickell, Cato, Barrett, Woodrum, Seithel, Sandifer, Sheheen, H. Brown, Law, Meacham, Harrell, Chellis, Hamilton, Kinon, Sharpe, Bailey, Witherspoon, Hinson, Littlejohn, Keegan, Harrison and Haskins: A BILL TO AMEND SECTION 38-73-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MERIT RATING SYSTEM FOR WORKERS' COMPENSATION INSURANCE, SO AS TO REQUIRE THE INCLUSION OF A CREDIT OF AT LEAST FIVE PERCENT FOR AN INSURED WHO PARTICIPATES IN A PROGRAM DESIGNED TO PREVENT THE USE OF DRUGS ON THE JOB BY EMPLOYEES OF THE INSURED, PROVIDE FURTHER FOR THE CREDIT TO BE ACTUARIALLY SOUND, PROVIDE FOR THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO ALLOW AND ORDER A CREDIT LESS THAN FIVE PERCENT WHEN THE CREDIT IS DETERMINED NOT TO BE ACTUARIALLY SOUND, PROVIDE FOR THE PROMULGATION OF CERTAIN REGULATIONS AND THE CERTIFICATION OF AN EMPLOYER DRUG PREVENTION PROGRAM, AND PROVIDE FOR RANDOM TESTING PROCEDURES; TO ADD SECTION 41-1-15, SO AS TO PROVIDE FOR WORKPLACE PROCEDURES DESIGNED TO PREVENT DRUGS ON THE JOB; AND PROVIDE THAT WORKERS' COMPENSATION POLICIES ISSUED OR RENEWED ON AND AFTER OCTOBER 1, 1997, SHALL BE GRANTED PREMIUM REDUCTION OF NOT LESS THAN FIVE PERCENT.
Read the first time and on motion of Senator COURTNEY, with unanimous consent, ordered placed on the Calendar without reference.
H. 4102 -- Reps. Bauer, Harvin and Pinckney: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME ONE-HALF MILE ON EITHER SIDE OF MILE MARKER 7 ON INTERSTATE 95 NEAR HARDEEVILLE TO HONOR THE MEMORY OF TROOPER FIRST CLASS MARK H. COATES OF THE SOUTH CAROLINA HIGHWAY PATROL WHO WAS KILLED IN THE LINE OF DUTY ON NOVEMBER 20, 1992.
Introduced and referred to the Committee on Transportation.
Senator WILSON asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
Senator WILSON asked unanimous consent to take the Concurrent Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the Resolution.
Senator WILSON asked unanimous consent to adopt the Concurrent Resolution.
There was no objection.
Senator LAND from the Committee on Transportation submitted a favorable with amendment report on:
H. 3300 -- Reps. Breeland, Cave, Inabinett, Mack, J. Hines, Govan, M. Hines, J. Brown, Lloyd, Pinckney and Byrd: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE FOR THE ISSUANCE OF FRATERNITY AND SORORITY LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED.
Ordered for consideration tomorrow.
Senator LAND from the Committee on Transportation submitted a favorable with amendment report on:
H. 3341 -- Reps. Cooper, Trotter, Sandifer, Davenport, Kelley, Young-Brickell, Quinn, Rhoad, Keegan, Barrett, Meacham, Cato and Fleming: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 58 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE SONS OF CONFEDERATE VETERANS.
Ordered for consideration tomorrow.
Senator LAND from the Committee on Transportation submitted a majority favorable with amendment and Senator LEATHERMAN a minority unfavorable report on:
H. 3665 -- Ways and Means Committee: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA COMPREHENSIVE INFRASTRUCTURE DEVELOPMENT AND FINANCING ACT" SO AS TO ESTABLISH A STATE PROGRAM TO COORDINATE INFRASTRUCTURE PLANNING AMONG STATE, REGIONAL, AND LOCAL UNITS OF GOVERNMENT, ASSIST IN DEVELOPMENT OF COMPREHENSIVE REGIONAL INFRASTRUCTURE DEVELOPMENT PLANS, AND IDENTIFY AND PROVIDE FUNDING AND FINANCIAL ASSISTANCE FOR CONSTRUCTING AND IMPROVING INFRASTRUCTURE; TO AMEND SECTION 12-28-2720, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE GASOLINE TAX, SO AS TO REVISE THE MANNER IN WHICH IT IS DISTRIBUTED; TO AMEND SECTION 12-28-2910, AS AMENDED, RELATING TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO REVISE THE ACCOUNT TO WHICH INTEREST EARNINGS ON THE ECONOMIC DEVELOPMENT ACCOUNT MUST BE CREDITED; TO AMEND SECTION 56-3-660, AS AMENDED, RELATING TO TRUCK REGISTRATION FEES, SO AS TO REQUIRE CERTAIN AMOUNTS OF FEE REVENUES TO BE CREDITED TO THE STATE HIGHWAY ACCOUNT OF THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK; AND TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO THE STATE HIGHWAY FUND, SO AS TO REVISE THE ACCOUNT TO WHICH INTEREST INCOME FROM THE STATE HIGHWAY FUND MUST BE CREDITED.
Ordered for consideration tomorrow.
Senator LAND from the Committee on Transportation submitted a favorable report on:
H. 4032 -- Reps. Hawkins, Davenport, Rice, Lee, Easterday, Littlejohn, Allison, Leach, Hamilton, Walker, McMahand, Cato, Loftis, Haskins, F. Smith, Vaughn and Tripp: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO INCREASE THE CLEARANCE OF CERTAIN TRAFFIC SIGNS THAT DIRECT TRAFFIC ONTO INTERSTATE HIGHWAY 85 IN SPARTANBURG AND GREENVILLE COUNTIES TO TWENTY-THREE FEET.
Ordered for consideration tomorrow.
S. 56 -- Senator Wilson: A BILL TO PROVIDE THAT "REGISTER OF MESNE CONVEYANCES" SHALL MEAN "REGISTER OF LAND CONVEYANCES" FOR PURPOSES OF THE LAWS OF THIS STATE, AND TO DIRECT THE CODE COMMISSIONER TO CHANGE THESE REFERENCES.
The House returned the Bill with amendments.
On motion of Senator WILSON, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 732 -- Senator Anderson: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND DR. C. C. STEWART, SR., FOR HIS DEDICATION AND DEVOTION TO NICHOLTOWN BAPTIST CHURCH, ON THE OCCASION OF THE FIFTY-FIFTH ANNIVERSARY OF ITS FOUNDING ON MAY 25, 1997.
Returned with concurrence.
Received as information.
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. 3767 -- Reps. Townsend, Sharpe, G. Brown, Webb and Riser: A BILL TO AMEND SECTION 57-3-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR COTTON MODULAR VEHICLES, SO AS TO REVISE THE WIDTH OF COTTON MODULAR VEHICLES.
(By prior motion of Senator LAND, with unanimous consent)
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 3823 -- Reps. Carnell, Klauber, Stille and Parks: A BILL TO AMEND SECTION 56-1-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING OF CERTAIN CONVICTIONS OF A PERSON FROM ANOTHER STATE TO THE LICENSING AUTHORITY OF HIS HOME STATE, SO AS TO PROVIDE THAT CERTAIN OTHER STATES SHALL REPORT CERTAIN CONVICTIONS OF A PERSON FROM SOUTH CAROLINA THAT OCCUR IN THE OTHER STATE TO THE DEPARTMENT OF PUBLIC SAFETY WITHIN FIVE YEARS OF THE CONVICTION.
Having voted on the prevailing side, Senator COURTNEY asked unanimous consent to make a motion to reconsider the vote whereby the Bill was given third reading.
There was no objection.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 531 -- Senators Martin, Wilson, J. Verne Smith, Short, Moore, Washington, Ryberg and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-515 SO AS TO PROVIDE PROCEDURES FOR THE DEPARTMENT OF SOCIAL SERVICES ISSUING A NOTICE OF FINANCIAL RESPONSIBILITY TO PERSONS OWING CHILD SUPPORT; TO AMEND SECTION 12-6-3470, AS AMENDED, RELATING TO THE EMPLOYER TAX CREDIT FOR EMPLOYING PERSONS WHO RECEIVED AID TO FAMILIES WITH DEPENDENT CHILDREN (AFDC), SO AS TO CHANGE AFDC TO FAMILY INDEPENDENCE, TO REVISE HEALTH INSURANCE REQUIREMENTS TO OBTAIN THE TAX CREDIT AND TO REVISE PROCEDURES FOR EMPLOYERS OBTAINING INFORMATION ON THE AVAILABILITY OF POTENTIAL EMPLOYEES; TO AMEND SECTION 20-7-941, RELATING TO LICENSE REVOCATION FOR NONPAYMENT OF CHILD SUPPORT, SO AS TO REVISE THE DEFINITION OF "LICENSE" WITH REGARD TO HUNTING, FISHING, OR TRAPPING; TO AMEND SECTION 20-7-944, AS AMENDED, RELATING TO LICENSING ENTITIES WHICH MUST PROVIDE INFORMATION TO THE DEPARTMENT OF SOCIAL SERVICES FOR CHILD SUPPORT ENFORCEMENT, SO AS TO REVISE THE FORM IN WHICH THIS INFORMATION MUST BE PROVIDED; TO AMEND SECTION 20-7-9520, AS AMENDED, RELATING TO SERVING A NOTICE OF FINANCIAL RESPONSIBILITY ON PERSONS OWING CHILD SUPPORT DEBTS, SO AS TO PROVIDE NOTICE FOR A RESCHEDULED OR SUBSEQUENT HEARING; TO AMEND SECTION 20-7-9530, AS AMENDED, RELATING TO PROCEDURES FOR FAILING TO APPEAR FOR A NEGOTIATION CONFERENCE CONCERNING A CHILD SUPPORT OBLIGATION, SO AS TO REQUIRE THE CONFERENCE TO BE RESCHEDULED IF THE PERSON DID NOT RECEIVE PROPER NOTICE; TO AMEND ARTICLE 1, CHAPTER 5, TITLE 43, RELATING TO PUBLIC AID AND ASSISTANCE, SO AS TO, AMONG OTHER THINGS, CONFORM PROVISIONS TO THE FAMILY INDEPENDENCE ACT OF 1995, TO REVISE PROVISIONS TO ASSIST IMPLEMENTING THAT ACT AND TO DELETE OBSOLETE PROVISIONS; TO AMEND SECTION 43-5-580, AS AMENDED, RELATING TO ENFORCEMENT OF SUPPORT OBLIGATIONS OF ABSENT PARENTS, SO AS TO REVISE THE DEFINITION OF AN APPLICANT FOR FAMILY INDEPENDENCE BENEFITS; TO AMEND SECTION 43-5-1110, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA FAMILY INDEPENDENCE ACT OF 1995, SO AS TO CHANGE THE TERM "AFDC" TO "FAMILY INDEPENDENCE"; TO AMEND SECTION 43-5-1120, RELATING TO EMPLOYMENT AND TRAINING PROGRAMS FOR FAMILY INDEPENDENCE APPLICANTS, SO AS TO PROVIDE THAT REFERRING CERTAIN APPLICANTS TO A JOB CLUB IS OPTIONAL RATHER THAN MANDATORY; TO AMEND SECTION 43-5-1135, RELATING TO STATE AGENCY GOALS TO EMPLOY WELFARE RECIPIENTS, SO AS TO CONFORM TERMS AND TO ESTABLISH ADDITIONAL GOALS; TO AMEND SECTION 43-5-1150, RELATING TO THE JOB TRAINING AND PARTNERSHIP ACT (JTPA) INCENTIVE FUNDS, SO AS TO ESTABLISH A GOAL OF FORTY PERCENT OF FAMILY INDEPENDENCE RECIPIENTS PARTICIPATING IN JTPA PROGRAMS; TO AMEND SECTION 43-5-1185, RELATING TO FAMILY SKILLS TRAINING PROGRAMS, SO AS TO MAKE PARTICIPATION IN THIS PROGRAM BASED ON NEED RATHER THAN REQUIRED AS A CONDITION OF ELIGIBILITY; TO AMEND SECTION 43-5-1190, RELATING TO AFDC ELIGIBILITY REQUIREMENTS, SO AS TO CONFORM TERM TO "FAMILY INDEPENDENCE" ELIGIBILITY; TO AMEND SECTION 43-5-1200, RELATING TO VEHICLE AND OTHER ASSET LIMITS FOR AFDC ELIGIBILITY, SO AS TO CONFORM TERMS AND EXEMPT ONE VEHICLE FROM THE ASSET LIMIT; TO REPEAL SECTION 43-1-130, RELATING TO THE FEDERAL WORK INCENTIVE PROGRAM; AND TO REPEAL SECTIONS 43-5-510, 43-5-520, 43-5-530, 43-5-540, 43-5-550, 43-5-560, 43-5-570, AND 43-5-640, ALL RELATING TO THE SOUTH CAROLINA EMPLOYABLES PROGRAM ACT.
Senator GIESE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator MARTIN explained the Bill.
H. 3402 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1996-97.
The Senate proceeded to a consideration of the Joint Resolution. The question being the adoption of the committee amendment.
The Committee on Finance proposed the following amendment (PT\1213DW.97), which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for fiscal year 1996-97 the following amounts:
(1) Catawba Indian Settlement (5 of 5) $ 2,500,000
(2) Debt Service Nonrecurring Payment 9,110,264
(2.1) Pursuant to the provisions of Article X, Section 13 of the South Carolina Constitution, and notwithstanding any other provision of law, the funds provided herein are to be used for debt service costs.
(3) Election Commission
(a) 1997 Special Elections (Reapportionment) 250,000
(b) 1998 Statewide Primaries 1,800,000
(4) Department of Education
(a) EFA 95-96 Shortfall Reimbursement 1,771,868
(b) EFA 96-97 Shortfall Reimbursement 4,700,000
(c) Instructional Materials 5,810,819
(4.1) Funds appropriated must be allocated to the local school districts for the actual Weighted Pupil count above that projected for FY 95-96 and FY 96-97. These funds must be distributed to school districts based on the actual final FY 95-96 and actual final FY 96-97 Weighted Pupil counts.
(5) State Budget and Control Board
(a) Operations-Statehouse Renovation
Completion 10,649,400
(b) Executive Director- Hurricane Fran Federal
Match 625,000
(5.1) All proceeds from the sale of furnishings from the State House must be used to offset the cost of replacement furnishings. Specifically the proceeds from the sale of members' desks and chairs must be used to offset the cost of like items.
(6) Legislative Printing and Information
Technology - Equipment 510,000
(7) Department of Archives and History
(a) South Carolina History Center Completion 5,600,000
(b) South Carolina History Center relocation 372,240
(c) Historic Camden 30,000
(8) Commission on Higher Education - Nonrecurring
Formula 23,490,806
(9) Department of Education - Governor's
School for the Arts 400,000
(10) Commission on Higher Education
Greenville Higher Ed Consortium
Physical Therapy Program 300,000
(11) Clemson University-Calhoun Mansion 1,200,000
(12) University of South Carolina
(a) Columbia-Arena 2,500,000
(b) Columbia-Law Library 200,000
(13) Winthrop University - Sims Science Building 1,000,000
(14) Technical and Comprehensive Education
(a) Equipment 2,000,000
(b) Piedmont Tech-Edgefield Facility Renovation 300,000
(15) Department of Health and Environmental Control
(a) Community Grants 250,000
(b) Abbeville Human Services Building 70,000
(c) Beach Renourishment - Folly Beach and
Sullivans Island Projects 300,000
(16) Department of Mental Health
(a) Drug pilot 1,000,000
(b) Patient Fee Account 1,000,000
(16.1) The Department of Mental Health is authorized to utilize $1,000,000 to implement a one-year study of the impact of three medications on department patients and the mental health system of care. The medications are: Clozaril (Clozapine), Zyprexa (Olanzapene), and Risperdal (Risperidone) or other drugs approved by the department. The department shall administer these funds and design the research with the assistance of the S. C. Public Academic Mental Health Consortium. The research will consider clinical outcomes and cost-effectiveness outcomes. The research will begin July 1, 1997, and will conclude when an adequate sample size has been achieved. A report of the research findings will be made to the Health and Human Services Subcommittee of the House Ways and Means Committee, the Senate Finance Committee, and the Governor. Nothing in this provision shall prohibit the department from making recommendations regarding the effectiveness of other drugs.
(17) State Library
(a) Ware Shoals library 200,000
(b) Williamsburg County library 300,000
(18) School for the Deaf & Blind
(a) Fire safety system 687,000
(b) Independent Living Skills 250,000
(19) Department of Public Safety - DMV
Computer upgrade 3,000,000
(20) Department of Natural Resources - Rural
water access construction 100,000
(21) Department of Labor, Licensing and
Regulation-Fallen Firefighter Memorial 50,000
(22) University of South Carolina
Beaufort - Penn Center 100,000
(23) Department of Disabilities and Special Needs
(a) Emerald Center Renovation 150,000
(b) Genetic Research Equipment 551,590
(24) Department of Juvenile Justice
(a) Activities Building 150,000
(b) Vehicles 400,000
(25) Adjutant General
(a) Repair and Maintenance - Armories 267,316
(b) Repair and Renovations - McEntire ANG 125,494
(26) Wil Lou Gray
(a) Mini buses 32,000
(b) Fiber Optic cable lines 32,000
(27) SLED - Vehicles 530,000
(28) State Ethics Commission - Electronic Filing
Software and Training 5,000
Total, Capital Reserve Fund Appropriation $84,670,797
SECTION 2. This joint resolution takes effect thirty days after the completion of the 1996-97 fiscal year in accordance with the provisions of Article III, Section 36(B)(3)(a), Constitution of South Carolina, 1895, and Section 11-11-320(D)(1) of the 1976 Code. /
Renumber sections to conform.
Amend title to conform.
Senator DRUMMOND explained the amendment.
There being no further amendments, the Joint Resolution was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
H. 3694 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED BY THIS ACT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Finance proposed the following amendment (PSD\7308HTC.97), which was adopted:
Amend the bill, as and if amended, item (f) 1 (p) (4) as contained in SECTION 1, page 2, line 22, opposite /Steam Distribution System/ by striking /875,000/ and inserting /1,500,000/.
Amend further, SECTION 1, item (f)1 page 3, by inserting immediately after line 13:
/(dd) Aiken Technical College-Information
Technology Training Center 4,300,000
(ee) Williamsburg County Technical
College-Renovations 200,000/
Amend further, SECTION 1, item (f) 2, page 3, line 14 opposite /Department of Corrections-Construction/ by striking /54,7000,000/ and inserting /51,375,000./
Amend further, SECTION 1, item (f) 9, page 3, line 37, opposite /Airport improvements/ by striking /5,000,000/ and inserting /3,000,000./
Amend further, SECTION 1, item (f), page 3, by inserting immediately after line 37:
/10. Anderson County Career Center 200,000/
Amend further, page 4, by striking SECTIONS 3 and 4 in their entirety.
Renumber sections to conform.
Amend title to conform.
Senator DRUMMOND explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bills having been read the second time were ordered placed on the third reading Calendar:
S. 737 -- Senators Hayes, Peeler, Gregory and Short: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN YORK COUNTY, SO AS TO COMBINE ROCK HILL NO. 1 AND NORTHSIDE PRECINCTS INTO THE NORTHSIDE PRECINCT AND REVISE THE MAP DOCUMENT NUMBER ON THE OFFICIAL MAP ON WHICH THE LINES OF THE PRECINCTS ARE DELINEATED.
(By prior motion of Senator HAYES)
S. 738 -- Senator McConnell: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REVISE THESE PRECINCTS AND THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
(By prior motion of Senator PASSAILAIGUE)
S. 739 -- Senator Elliott: A BILL TO AMEND ACT 742 OF 1946, AS AMENDED, RELATING TO THE LORIS COMMUNITY HOSPITAL DISTRICT, SO AS TO EXPAND THE BOUNDARIES OF THE DISTRICT, AND TO ADD TWO MEMBERS TO THE GOVERNING BODY OF THE DISTRICT AND PROVIDE FOR THEIR TERMS.
(By prior motion of Senator ELLIOTT)
The following Bill was carried over:
H. 3595 -- Reps. Stuart, Gamble, Knotts, Koon, Riser and Spearman: A BILL TO AMEND SECTION 6-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR JOINT MUNICIPAL WATER SYSTEMS, SO AS TO REVISE THE MEANING OF THE TERMS "REVENUE BONDS" AND "BONDS"; TO AMEND SECTION 6-25-100, AS AMENDED, RELATING TO POWERS OF JOINT MUNICIPAL WATER SYSTEMS, SO AS TO ALLOW LOANS, BONDS, OR NOTES ISSUED TO A JOINT SYSTEM TO BE PAID FROM OTHER FUNDS AS MAY BE AVAILABLE AND TO ALLOW MEMBERS OF A JOINT SYSTEM TO CREATE, AS THEY CONSIDER NECESSARY, ADDITIONAL PROCEDURES WHICH GOVERN THE ISSUANCE OF ANY NOTES OR BONDS; TO AMEND SECTION 6-25-110, RELATING TO AUTHORIZATION OF A JOINT SYSTEM TO INCUR DEBT AND ISSUE BONDS, SO AS TO ALLOW A JOINT SYSTEM TO USE OTHER SOURCES OF FUNDS AVAILABLE TO IT TO PAY FOR ISSUED BONDS; TO AMEND SECTION 6-25-113, RELATING TO SOURCES FROM WHICH JOINT SYSTEM BONDS ARE PAYABLE, SO AS TO ALLOW A MEMBER COUNTY OR MUNICIPALITY TO PROVIDE A PLEDGE OF ALL OR PART OF ANY REVENUES DERIVED AS PAYMENTS IN LIEU OF TAXES WITH RESPECT TO A PROJECT; TO AMEND SECTION 6-25-120, RELATING TO PAYMENT OF NOTES, OBLIGATIONS, OR BONDS, SO AS TO REQUIRE ONLY REVENUES AND OTHER FUNDS AVAILABLE TO THE JOINT SYSTEM TO BE USED TO PAY OR PLEDGED TO THE AMOUNT OF ANY NOTES, OBLIGATIONS, OR BONDS; AND TO AMEND SECTION 6-25-128, RELATING TO CONTRACTS BETWEEN MUNICIPALITIES AND JOINT SYSTEMS, SO AS TO ALLOW A MUNICIPALITY UNDER CONTRACT FOR THE PURCHASE OF CAPACITY AND OUTPUT FROM A JOINT SYSTEM TO PAY FROM REVENUES DERIVED FROM THE OWNERSHIP AND OPERATION OF THE WATER SYSTEM AND FROM OTHER SOURCES OF FUNDS AS MAY BE AVAILABLE, INCLUDING ANY AMOUNTS RECEIVED AS PAYMENTS IN LIEU OF TAXES.
On motion of Senator RYBERG, the Bill was carried over.
S. 723 -- Senators Holland, Saleeby, McConnell, Moore, Matthews, Courtney, Jackson and Rankin: A BILL TO AMEND SECTION 2-1-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE ARE ELECTED BEGINNING IN 1996, SO AS TO REVISE CERTAIN OF THESE DISTRICTS, TO PROVIDE THAT A MEMBER OF THE SENATE AS APPROPRIATE SHALL BE ELECTED FROM EACH OF THESE ELECTION DISTRICTS SO REVISED AT A SPECIAL ELECTION TO BE CONDUCTED IN NOVEMBER, 1997, AS ESTABLISHED IN ACT 1 OF 1997, AND TO PROVIDE FOR THE TERM OF OFFICES OF SUCH MEMBERS ELECTED IN 1997; AND TO DESIGNATE THE PRESIDENT PRO TEMPORE OF THE SENATE AS THE SUBMITTING AUTHORITY FOR MAKING THE REQUIRED SUBMISSION OF THE ELECTION DISTRICT REVISIONS CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT.
Senator HOLLAND asked unanimous consent to recall the Bill from the Committee on Judiciary and give the Bill a third reading.
Senator LEATHERMAN objected.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF H. 3400, THE GENERAL APPROPRIATION BILL.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the report proposed by the Committee on Finance.
Senator ROSE asked unanimous consent to take up for immediate consideration the following amendment.
There was no objection.
Senator ROSE proposed the following Amendment No. 89 (208.RDY), which was adopted:
Amend the bill, as and if amended, Part IB, Section 41, Department of Corrections, page 507, beginning on line 17, by inserting a new and appropriately numbered proviso to read:
/(CORR: Tire Retreading Program Restriction) The tire retreading program at the Lieber Correctional Institution shall be limited to the marketing and sale of retreads to only state governmental entities./
Amend sections, totals and title to conform.
Senator ROSE explained the amendment.
The amendment was adopted.
Senators DRUMMOND and LAND proposed the following amendment (PT\1268HTC.97):
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND TITLE 11 OF THE 1976 CODE, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA COMPREHENSIVE INFRASTRUCTURE DEVELOPMENT ACT" SO AS TO ESTABLISH A STATE PROGRAM TO COORDINATE INFRASTRUCTURE PLANNING AMONG STATE, REGIONAL, AND LOCAL UNITS OF GOVERNMENT, ASSIST IN DEVELOPMENT OF COMPREHENSIVE REGIONAL INFRASTRUCTURE DEVELOPMENT PLANS, AND IDENTIFY AND PROVIDE FUNDING AND FINANCIAL ASSISTANCE FOR CONSTRUCTING AND IMPROVING INFRASTRUCTURE.
A. (1) The General Assembly recognizes that the infrastructure needs of the State of South Carolina have reached a critical stage, and that there has been a lack of comprehensive planning for both infrastructure development and infrastructure funding which has contributed to this situation.
(2) The General Assembly further recognizes that all levels of government, including municipal, county, regional and state, must be enabled and structured to coordinate infrastructure development and infrastructure funding. At the same time, the General Assembly recognizes and supports the independent authority of local government over local functions and governance; and
(3) The General Assembly recognizes as well that certain state programs related to infrastructure development have not been coordinated or focused to ensure that infrastructure development throughout South Carolina is efficient and consistent with comprehensive state and regional planning. Similarly, certain public monies directed through state agencies that underwrite infrastructure development have not been used to maximum efficiency, or in a manner consistent with comprehensive state and regional infrastructure planning. It has therefore determined to enact the provisions of Chapter 42 of Title 11 as contained in this section.
B. Title 11 of the 1976 Code is amended by adding:
Section 11-42-10. This chapter may be cited as the South Carolina Comprehensive Infrastructure Development Act.
Section 11-42-20. Comprehensive infrastructure development and planning is vitally important to the State and to its local political subdivisions. The General Assembly, by this chapter, creates a state program and a unit of state government to work with state agencies, regional councils of government, and local political subdivisions to coordinate infrastructure planning, to assist in development of comprehensive regional infrastructure development plans, and to identify and coordinate the funding related to infrastructure development distributed through state agencies in order to maximize efficiency and promote comprehensive infrastructure development planning.
Section 11-42-30. As used in this chapter:
(1) 'Board' means the State Budget and Control Board.
(2) 'County' means any county of this State.
(3) 'Division of Regional Development' is a division of the board. This division is be the designated state program for coordination of comprehensive state and regional infrastructure planning.
(4) 'Director' is the Director of the Division of Regional Development.
(5) 'Executive director' means the executive director of the board.
(6) 'Infrastructure' means the basic facilities, services, and installations needed for the functioning of government including, but not limited to, water, sewer, and public sector communications. Infrastructure as used in this chapter does not mean transportation, power delivery systems, health planning and delivery systems, or except for planning purposes, commercial communication systems.
(7) 'Infrastructure Development Plans' means any written proposal by the State, county, municipality, special purpose district or regional council of government that involves development of infrastructure as defined in this chapter. These plans include, but are not limited to, such matters as water and sewerage systems, and communications. The plans must be proposed and prepared pursuant to recommended standards and procedures for the preparation and implementation of infrastructure development plans established in accordance with this chapter by the Division of Regional Development and the Regional Councils of Government.
(8) 'Municipality' as described in Section 5-1-20 means any city or town which has been issued a certificate of incorporation or which has been created by act of the General Assembly.
(9) 'Political subdivision' means any municipality, county, public service district, or special purpose district.
(10) 'Regional Councils of Government' are as described in Section 6-7-110.
(11) 'South Carolina Advisory Commission on Intergovernmental Relations' means the commission created pursuant to Section 1-27-10 which, as part of the office of the executive director of the board, researches intergovernmental problems.
(12) 'State Advisory Council for Regional Development' or 'state council' means the Advisory Council for Regional Development created by this chapter.
Section 11-42-40. (A) There is created the Division of Regional Development as a division within the State Budget and Control Board. The division shall report to the executive director of the board.
(B) The division is managed and directed by a director appointed by the executive director of the board, and who shall serve at the pleasure of the executive director.
Section 11-42-50. The Division of Regional Development is the state program responsible for the creation of a state infrastructure development plan, for the coordination of regional infrastructure development plans, and for the coordination of state programs and resources that impact or affect infrastructure development. To fulfill its public mandate, the division is expressly authorized to perform the following functions and exercise the following powers:
(1) prescribe recommended elements to be included in any comprehensive regional infrastructure development plan;
(2) coordinate and qualify regional infrastructure development plans;
(3) create a state infrastructure development plan through consultation with other appropriate state agencies;
(4) provide training, education, resources and technical assistance to enable and support the efforts of local governments and the Regional Councils of Government to create and develop comprehensive infrastructure development plans;
(5) to participate as a party, as an advocate, or otherwise, in state government and state agency decision-making processes that impact or affect infrastructure development;
(6) to coordinate relevant state government actions and programs that impact or affect infrastructure development in order to focus and direct these actions and programs to support and assist the development and implementation of the State and regional infrastructure development plans;
(7) to identify and coordinate public funds, regardless of original source, that are expended or distributed by state agencies to help underwrite or support infrastructure development in order that state agency expenditures and distributions of public funds are both consistent with and supportive of state and regional infrastructure development plans; and
(8) to request and receive assistance and support from other state agencies and programs as needed by the division.
Section 11-42-60. The division shall function as a division of the State Budget and Control Board and has all administrative and program authority necessary to fulfill its public mandate including, but not limited to, the following powers:
(1) to solicit, receive, and expend public and private funds from any relevant sources and entities in order to carry out the purposes of the division; and
(2) to prescribe and charge fees for its services, which fees must be retained and expended for division purposes.
Section 11-42-70. There is created the State Advisory Council for Regional Development. The state council is composed of the following ex-officio members or their designees: the Executive Director of the State Budget and Control Board, the Directors of the Department of Parks, Recreation and Tourism, the Department of Commerce, the Department of Natural Resources, and the Department of Health and Environmental Control. In addition, the state council shall include three members appointed by the Governor upon the recommendation of the South Carolina Association of Regional Councils of Government. These three members so appointed shall serve three-year terms. There also must be three members appointed by the Governor who shall serve at the pleasure of the Governor. Any person appointed to fill a vacancy on the Advisory Council shall be appointed in the same manner as the original appointee and shall serve for the remainder of the unexpired term. Any member is eligible for reappointment and a member shall serve until a successor is appointed and qualifies. The Governor shall select the chairman.
A majority of the membership of the Advisory Council constitutes a quorum. The Advisory Council serves in an advisory and consultative capacity to assist the division in the performance of its duties. Further, the state council shall identify funding, programs and decisions that affect infrastructure development, and make recommendations concerning these matters in order that state decision making is oriented to supporting the creation, development, and effective implementation of state and regional comprehensive infrastructure development plans.
Section 11-42-80. Every state agency and program that licenses, permits, regulates, or otherwise sanctions activities related to infrastructure development is expressly authorized and required by this chapter to consider and determine whether a respective governmental regulatory decision is consistent with state and regional comprehensive infrastructure development plans.
Section 11-42-90. (A) The Regional Councils of Government shall serve as liaisons between the Division of Regional Development and the political subdivisions of this State. The Regional Councils of Government, utilizing among other things the infrastructure development plans of the local political subdivisions, shall develop and submit regional comprehensive infrastructure development plans to the Division of Regional Development. The political subdivisions must be encouraged to develop local comprehensive infrastructure development plans. The Regional Councils of Government shall coordinate and assist the political subdivisions in the development of these plans. The Regional Councils of Government also shall undertake and carry out such activities as necessary to assist the Division of Regional Development in coordinating, developing, and implementing a coordinated and comprehensive infrastructure development plan for the State. Such activities may include, but are not limited to, the following:
(1) The Regional Councils of Government shall assist the political subdivisions in creating and developing local comprehensive infrastructure development plans. The political subdivisions shall take into account future developmental needs regarding water and sewer, and communications when developing their plans.
(2) The Regional Councils of Government, utilizing the infrastructure development plans of the respective political subdivisions, among other things, shall assist the Division of Regional Development in coordinated and comprehensive planning on the state level and throughout the State including, but not limited to, assistance in the development of an infrastructure development plan for the State.
(3) The Regional Councils of Government, utilizing the infrastructure development plans of the respective political subdivisions shall assist the Division of Regional Development in defining the state's long-term goals, objectives, and priorities and implementing those goals, objectives, and priorities through a coordinated and comprehensive infrastructure development plan.
(B) The Regional Councils of Government shall establish recommended standards and procedures for preparation of local comprehensive infrastructure development plans, for implementation of infrastructure development plans, and for participation in the infrastructure development planning process. Such activities may include, but are not limited to, the following:
(1) As part of such recommended standards and procedures, the Regional Councils of Government shall establish elements which must be addressed and included in the infrastructure development plans of political subdivisions which are prepared as part of the coordinated and comprehensive planning process. These plans shall include, but are not limited to, water and sewer services and communications.
(2) The Regional Councils of Government shall establish recommended standards and procedures which must be used by the political subdivisions in developing, preparing, and implementing their infrastructure development plans. In establishing such standards and procedures, the Regional Councils of Government are authorized to differentiate among the political subdivisions based upon factors which the councils determine merit differentiation, such as total population, density of population, geographic features, the size of tax base, projected growth, the type and character of services furnished by local governments, the size of the budget, need, and other factors.
(3) The Regional Councils of Government, in developing planning procedures with respect to regionally important resources, shall focus on elements of regional districts with respect to developments of regional impact, and encourage interjurisdictional cooperation among the political subdivisions. The councils shall determine, in their judgment for each region, what constitutes developments of regional impact. Such determinations by the councils must be made for each region only after requesting any necessary information from their respective political subdivisions.
(C) The political subdivisions are encouraged to coordinate with and assist the Regional Councils of Government in developing local and regional comprehensive infrastructure development plans. Political subdivisions are encouraged to coordinate with the Regional Councils of Government in the analysis and preparation of these plans. The political subdivisions shall utilize information relating to water and sewer services and communications. Further, data relating to current population and projected growth, tax base, local budget information, geographic factors, other demographics, and other data considered necessary must be utilized by the Regional Councils of Government."/
Renumber sections to conform.
Amend totals and title to conform.
On motion of Senator DRUMMOND, with unanimous consent, Amendment No. 95A was substituted for Amendment No. 95.
Senator DRUMMOND proposed the following Amendment No. 95A (GJK\20708HTC.97), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND TITLE 11 OF THE 1976 CODE, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA COMPREHENSIVE INFRASTRUCTURE DEVELOPMENT ACT" SO AS TO ESTABLISH A STATE PROGRAM TO COORDINATE INFRASTRUCTURE PLANNING AMONG STATE, REGIONAL, AND LOCAL UNITS OF GOVERNMENT, ASSIST IN DEVELOPMENT OF COMPREHENSIVE REGIONAL INFRASTRUCTURE DEVELOPMENT PLANS, AND IDENTIFY AND PROVIDE FUNDING AND FINANCIAL ASSISTANCE FOR CONSTRUCTING AND IMPROVING INFRASTRUCTURE.
A. (1) The General Assembly recognizes that the infrastructure needs of the State of South Carolina have reached a critical stage, and that there has been a lack of comprehensive planning for both infrastructure development and infrastructure funding which has contributed to this situation.
(2) The General Assembly further recognizes that all levels of government, including municipal, county, regional and state, must be enabled and structured to coordinate infrastructure development and infrastructure funding. At the same time, the General Assembly recognizes and supports the independent authority of local government over local functions and governance; and
(3) The General Assembly recognizes as well that certain state programs related to infrastructure development have not been coordinated or focused to ensure that infrastructure development throughout South Carolina is efficient and consistent with comprehensive state and regional planning. Similarly, certain public monies directed through state agencies that underwrite infrastructure development have not been used to maximum efficiency, or in a manner consistent with comprehensive state and regional infrastructure planning. It has therefore determined to enact the provisions of Chapter 42 of Title 11 as contained in this section.
B. Title 11 of the 1976 Code is amended by adding:
Section 11-42-10. This chapter may be cited as the South Carolina Comprehensive Infrastructure Development Act.
Section 11-42-20. Comprehensive infrastructure development and planning is vitally important to the State and to its local political subdivisions. The General Assembly, by this chapter, creates a state program and a unit of state government to work with state agencies, regional councils of government, and local political subdivisions to coordinate infrastructure planning, to assist in development of comprehensive regional infrastructure development plans, and to identify and coordinate the funding related to infrastructure development distributed through state agencies in order to maximize efficiency and promote comprehensive infrastructure development planning.
Section 11-42-30. As used in this chapter:
(1) 'Board' means the State Budget and Control Board.
(2) 'County' means any county of this State.
(3) 'Division of Regional Development' is a division of the board. This division is be the designated state program for coordination of comprehensive state and regional infrastructure planning.
(4) 'Director' is the Director of the Division of Regional Development.
(5) 'Executive director' means the executive director of the board.
(6) 'Infrastructure' means the basic facilities, services, and installations needed for the functioning of government including, but not limited to, water, sewer, and public sector communications. Infrastructure as used in this chapter does not mean transportation, power delivery systems, health planning and delivery systems, or except for the purposes of public sector communications planning, commercial communication systems.
(7) 'Infrastructure Development Plans' means any written proposal by the State, county, municipality, special purpose district or regional council of government that involves development of infrastructure as defined in this chapter. These plans include, but are not limited to, such matters as water and sewerage systems, and communications. The plans must be proposed and prepared pursuant to recommended standards and procedures for the preparation and implementation of infrastructure development plans established in accordance with this chapter by the Division of Regional Development and the Regional Councils of Government.
(8) 'Municipality' as described in Section 5-1-20 means any city or town which has been issued a certificate of incorporation or which has been created by act of the General Assembly.
(9) 'Political subdivision' means any municipality, county, public service district, or special purpose district.
(10) 'Regional Councils of Government' are as described in Section 6-7-110.
(11) 'South Carolina Advisory Commission on Intergovernmental Relations' means the commission created pursuant to Section 1-27-10 which, as part of the office of the executive director of the board, researches intergovernmental problems.
(12) 'State Advisory Council for Regional Development' or 'state council' means the Advisory Council for Regional Development created by this chapter.
(13) 'Communications' means public sector communications.
Section 11-42-40. (A) There is created the Division of Regional Development as a division within the State Budget and Control Board. The division shall report to the executive director of the board.
(B) The division is managed and directed by a director appointed by the executive director of the board, and who shall serve at the pleasure of the executive director.
Section 11-42-50. The Division of Regional Development is the state program responsible for the creation of a state infrastructure development plan, for the coordination of regional infrastructure development plans, and for the coordination of state programs and resources that impact or affect infrastructure development. To fulfill its public mandate, the division is expressly authorized to perform the following functions and exercise the following powers:
(1) prescribe recommended elements to be included in any comprehensive regional infrastructure development plan;
(2) coordinate and qualify regional infrastructure development plans;
(3) create a state infrastructure development plan through consultation with other appropriate state agencies;
(4) provide training, education, resources and technical assistance to enable and support the efforts of local governments and the Regional Councils of Government to create and develop comprehensive infrastructure development plans;
(5) to participate as a party, as an advocate, or otherwise, in state government and state agency decision-making processes that impact or affect infrastructure development;
(6) to coordinate relevant state government actions and programs that impact or affect infrastructure development in order to focus and direct these actions and programs to support and assist the development and implementation of the State and regional infrastructure development plans;
(7) to identify and coordinate public funds, regardless of original source, that are expended or distributed by state agencies to help underwrite or support infrastructure development in order that state agency expenditures and distributions of public funds are both consistent with and supportive of state and regional infrastructure development plans; and
(8) to request and receive assistance and support from other state agencies and programs as needed by the division.
Section 11-42-60. The division shall function as a division of the State Budget and Control Board and has all administrative and program authority necessary to fulfill its public mandate including, but not limited to, the following powers:
(1) to solicit, receive, and expend public and private funds from any relevant sources and entities in order to carry out the purposes of the division; and
(2) to prescribe and charge fees for its services, which fees must be retained and expended for division purposes.
Section 11-42-70. There is created the State Advisory Council for Regional Development. The state council is composed of the following ex-officio members or their designees: the Executive Director of the State Budget and Control Board, the Directors of the Department of Parks, Recreation and Tourism, the Department of Commerce, the Department of Natural Resources, and the Department of Health and Environmental Control. In addition, the state council shall include three members from the private sector appointed by the Governor upon the recommendation of the South Carolina Association of Regional Councils of Government. These three members so appointed shall serve three-year terms. There also must be three members appointed by the Governor who shall serve at the pleasure of the Governor. Any person appointed to fill a vacancy on the Advisory Council shall be appointed in the same manner as the original appointee and shall serve for the remainder of the unexpired term. Any member is eligible for reappointment and a member shall serve until a successor is appointed and qualifies. The Governor shall select the chairman.
A majority of the membership of the Advisory Council constitutes a quorum. The Advisory Council serves in an advisory and consultative capacity to assist the division in the performance of its duties. Further, the state council shall identify funding, programs and decisions that affect infrastructure development, and make recommendations concerning these matters in order that state decision making is oriented to supporting the creation, development, and effective implementation of state and regional comprehensive infrastructure development plans.
Section 11-42-80. Every state agency and program that licenses, permits, regulates, or otherwise sanctions activities by government entities and programs related to infrastructure development is expressly authorized and required by this chapter to consider and determine whether a respective governmental regulatory decision is consistent with state and regional comprehensive infrastructure development plans.
Section 11-42-90. (A) The Regional Councils of Government shall serve as liaisons between the Division of Regional Development and the political subdivisions of this State. The Regional Councils of Government, utilizing among other things the infrastructure development plans of the local political subdivisions, shall develop and submit regional comprehensive infrastructure development plans to the Division of Regional Development. The political subdivisions must be encouraged to develop local comprehensive infrastructure development plans. The Regional Councils of Government shall coordinate and assist the political subdivisions in the development of these plans. The Regional Councils of Government also shall undertake and carry out such activities as necessary to assist the Division of Regional Development in coordinating, developing, and implementing a coordinated and comprehensive infrastructure development plan for the State. Such activities may include, but are not limited to, the following:
(1) The Regional Councils of Government shall assist the political subdivisions in creating and developing local comprehensive infrastructure development plans. The political subdivisions shall take into account future developmental needs regarding water and sewer, and communications when developing their plans.
(2) The Regional Councils of Government, utilizing the infrastructure development plans of the respective political subdivisions, among other things, shall assist the Division of Regional Development in coordinated and comprehensive planning on the state level and throughout the State including, but not limited to, assistance in the development of an infrastructure development plan for the State.
(3) The Regional Councils of Government, utilizing the infrastructure development plans of the respective political subdivisions shall assist the Division of Regional Development in defining the state's long-term goals, objectives, and priorities and implementing those goals, objectives, and priorities through a coordinated and comprehensive infrastructure development plan.
(B) The Regional Councils of Government shall establish recommended standards and procedures for preparation of local comprehensive infrastructure development plans, for implementation of infrastructure development plans, and for participation in the infrastructure development planning process. Such activities may include, but are not limited to, the following:
(1) As part of such recommended standards and procedures, the Regional Councils of Government shall establish elements which must be addressed and included in the infrastructure development plans of political subdivisions which are prepared as part of the coordinated and comprehensive planning process. These plans shall include, but are not limited to, water and sewer services and communications.
(2) The Regional Councils of Government shall establish recommended standards and procedures which must be used by the political subdivisions in developing, preparing, and implementing their infrastructure development plans. In establishing such standards and procedures, the Regional Councils of Government are authorized to differentiate among the political subdivisions based upon factors which the councils determine merit differentiation, such as total population, density of population, geographic features, the size of tax base, projected growth, the type and character of services furnished by local governments, the size of the budget, need, and other factors.
(3) The Regional Councils of Government, in developing planning procedures with respect to regionally important resources, shall focus on elements of regional districts with respect to developments of regional impact, and encourage interjurisdictional cooperation among the political subdivisions. The councils shall determine, in their judgment for each region, what constitutes developments of regional impact. Such determinations by the councils must be made for each region only after requesting any necessary information from their respective political subdivisions.
(C) The political subdivisions are encouraged to coordinate with and assist the Regional Councils of Government in developing local and regional comprehensive infrastructure development plans. Political subdivisions are encouraged to coordinate with the Regional Councils of Government in the analysis and preparation of these plans. The political subdivisions shall utilize information relating to water and sewer services and communications. Further, data relating to current population and projected growth, tax base, local budget information, geographic factors, other demographics, and other data considered necessary must be utilized by the Regional Councils of Government."/
Renumber sections to conform.
Amend totals and title to conform.
Senator DRUMMOND explained the amendment.
Having received the requisite vote under Rule 24B, the amendment was adopted.
Senator RANKIN proposed the following Amendment No. 118 (DKA\4558HTC.97), which was not adopted :
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-21-2720, AS AMENDED, OF THE 1976 CODE, RELATING TO LICENSE TAXES AND FEES ON COIN-OPERATED DEVICES, SO AS TO AUTHORIZE ADDITIONAL COUNTY FEES ON VIDEO GAMES WITH A FREE PLAY FEATURE IN ANY COUNTY IN WHICH AT LEAST NINE HUNDRED THOUSAND DOLLARS IN ACCOMMODATIONS TAX REVENUE HAS BEEN COLLECTED IN AT LEAST ONE FISCAL YEAR AND TO PROVIDE FOR THE USE OF THE FEE REVENUE FOR HIGHWAY CONSTRUCTION AND IMPROVEMENTS, COMMUNITY RECREATION SPECIAL TAX DISTRICTS, PROGRAMS FOR SENIOR CITIZENS, AND RECREATION PROJECTS.
A. Section 12-21-2720 of the 1976 Code, as last amended by Act 145 of 1995, is further amended by adding an appropriately lettered subsection at the end to read:
"( ) In addition to other county fees allowed pursuant to this section, the governing body of a county in which at least nine hundred thousand dollars in revenues from the tax imposed pursuant to Section 12-36-2630(3) was collected in any one fiscal year, by ordinance may impose an additional license fee not exceeding fifty percent of the license fee imposed pursuant to subsection (A) for the equivalent license period. The fee imposed by the county applies to all machines located in the county area. At least seventy-five percent of fee revenue under this subsection must be credited to a special fund established by the governing body of the county for the purpose of receiving locally imposed fees and taxes for highway construction and highway improvements. Amounts so credited must be used for the purposes of the fees and taxes credited to the fund. If there are in the county community recreation special tax districts created pursuant to Chapter 20 of Title 4, ten percent of fee revenues must be distributed to the districts on a per capita basis. Ten percent of the fee revenues pursuant to this subsection must be used for programs for senior citizens in the county. Any remaining fee revenue pursuant to this subsection must be used for recreation projects."
B. This section takes effect July 1, 1997./
Renumber sections to conform.
Amend totals and title to conform.
Senator RANKIN explained the amendment.
Senator LAND argued contra to the adoption of the amendment and Senator RANKIN argued in favor.
Senator LAND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Cork Courtney Jackson Land Leventis Matthews McConnell Passailaigue Patterson Peeler Rose Saleeby Setzler Washington
Anderson Bryan Drummond Elliott Giese Gregory Hayes Holland Hutto Lander Martin Mescher Moore O'Dell Rankin Ravenel Reese Ryberg Smith, J. Verne Waldrep Williams Wilson
The Senate refused to lay the amendment on the table. The question then was the requisite vote under Rule 24B on Amendment No. 118.
Senator LEVENTIS argued contra to the adoption of the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Drummond Elliott Giese Gregory Hayes Holland Hutto Lander Martin Mescher O'Dell Rankin Ravenel Reese Ryberg Short Smith, J. Verne Thomas Williams Wilson
Cork Courson Courtney Jackson Land Leventis Matthews McConnell McGill Passailaigue Patterson Peeler Rose Saleeby Setzler Waldrep Washington
Amendment No. 118 failed to receive the requisite vote under Rule 24B and was not adopted.
Senators ELLIOTT and SHORT proposed the following Amendment No. 119A (3400R338.DE), which was not adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered new SECTION to read:
TO AMEND ARTICLE 1, CHAPTER 1, TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, BY ADDING SECTION 51-1-100 SO AS TO PROHIBIT THE DEPARTMENT OF PARKS, RECREATION AND TOURISM FROM ASSIGNING MANAGEMENT OF ANY STATE PARK TO ANY OTHER ENTITY OR REDUCING THE LEVEL OF SERVICES IN ANY STATE PARK WITHOUT THE EXPRESS APPROVAL OF A MAJORITY OF THE SENATORS AND A MAJORITY OF THE HOUSE MEMBERS OF THE COUNTY DELEGATION IN WHICH A STATE PARK IS LOCATED.
A. Article 1, Chapter 1, Title 51 of the 1976 Code is amended by adding:
"Section 51-1-100. Notwithstanding any other provision of law, no funds appropriated or authorized in the general appropriation act shall be used for advertising by the Department of Parks, Recreation and Tourism if a state park is closed or management responsibility is transferred to another entity without the express approval of a majority of the resident Senators and a majority of the resident House members of the county delegation in which a state park is located. The department shall develop an implementation plan for each park and, if an effective reduction in the level of services is planned, the department shall review the changes with the county delegation in which the state park is located and shall receive the express approval of a majority of the resident Senators and a majority of the resident House members before any reduction in level of services is implemented."
B. This section takes effect upon approval by the Governor./
Amend the bill further, as and if amended, Part IB, Section 49, page 513, by striking lines 8 through 13.
Amend sections, totals and title to conform.
Senator ELLIOTT explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryan Courson Courtney Drummond Giese Hayes Jackson Land Leventis Martin McGill Mescher Ryberg Saleeby Wilson
Anderson Cork Elliott Fair Ford Glover Gregory Hutto Matthews McConnell Moore O'Dell Patterson Peeler Rankin Ravenel Reese Rose Setzler Short Thomas Waldrep Washington Williams
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Anderson Cork Elliott Fair Ford Glover Gregory Holland Hutto Jackson Lander Matthews McConnell Moore Peeler Rankin Ravenel Reese Rose Setzler Short Thomas Waldrep Williams
Alexander Bryan Courson Courtney Drummond Giese Hayes Land Leventis Martin McGill Mescher O'Dell Patterson Ryberg Saleeby Smith, J. Verne Wilson
Amendment No. 118 failed to receive the requisite vote under Rule 24B and was not adopted.
Senator REESE proposed the following Amendment No. 122 (3400R338.GGR), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered new SECTION to read:
TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES, BY ADDING ARTICLE 53 SO AS TO PROVIDE FOR A SPECIAL LICENSE PLATE FOR MAYORS OF THE STATE.
A. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-5110. The department may issue special motor vehicle license plates to mayors of the State for private motor vehicles registered
in their names. The fee for the issuance of this special plate must be the regular motor vehicle registration fee contained 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. The department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly every five years. The department shall receive two hundred or more applications requesting a special mayor's license plate before the plates authorized by this article may be developed."
B. This section takes effect upon approval by the Governor./
Amend sections, totals and title to conform.
Senator REESE explained the amendment.
Having received the requisite vote under Rule 24B, the amendment was adopted.
Senator RAVENEL proposed the following Amendment No. 124 (DKA\4601DW.97), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO PROHIBIT THE GEORGETOWN WATER AND SEWER DISTRICT IN GEORGETOWN COUNTY FROM FORECLOSING ON ANY LIEN AS A RESULT FROM THE FAILURE TO PAY A FEE ASSESSED BY THE DISTRICT ON UNDEVELOPED PROPERTY IN THE DISTRICT UNTIL THE PROPERTY TO WHICH THE LIEN HAS ATTACHED IS DEVELOPED.
A. The Georgetown Water and Sewer District in Georgetown County is prohibited from foreclosing on any lien as a result from the failure to pay a fee assessed by the district on undeveloped property in the district until the property to which the lien has attached is developed.
B. This section takes effect July 1, 1997./
Renumber sections to conform.
Amend totals and title to conform.
Senator RAVENEL explained the amendment.
Senator RAVENEL moved that the amendment be adopted.
Having received the requisite vote under Rule 24B, the amendment was adopted.
Senator DRUMMOND proposed the following Amendment No. 125 (DKA\4600HTC.97):
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
AUTHORIZING THE STATE BUDGET AND CONTROL BOARD TO BORROW AN AMOUNT NOT TO EXCEED THIRTY-ONE AND ONE-HALF MILLION DOLLARS ON A ONE-YEAR NOTE FOR THE USE OF THE STATE DEPARTMENT OF EDUCATION TO PURCHASE SCHOOL BUSES AND RELATED SERVICE VEHICLES AND UNDERGROUND STORAGE TANK CLEANUP, TO PROVIDE THAT THIS NOTE CONSTITUTES GENERAL OBLIGATION DEBT OF THE STATE, AND TO MAKE REPAYMENT OF THIS NOTE THE FIRST PRIORITY FOR APPROPRIATIONS FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1997-98.
The State Budget and Control Board is authorized to issue not more than thirty-one and one-half million dollars of general obligation debt of the State in the form of a one-year promissory note for the use for the State Department of Education to purchase school buses and related service vehicles and underground storage tank cleanup. This debt must be issued under the terms and conditions prescribed by the board and the loan proceeds must be disbursed as provided by the board. Repayment of this note must be the first priority in appropriations from the Capital Reserve Fund for fiscal year 1997-98. In accordance with the provisions of Article X, Section 13 of the State Constitution the full faith, credit, and taxing power of the State is pledged to the payment of the principal of and interest on this general obligation debt./
Renumber sections to conform.
Amend totals and title to conform.
Senator DRUMMOND explained the amendment.
Senator PASSAILAIGUE argued contra to the adoption of the amendment.
On motion of Senator DRUMMOND, with unanimous consent, Amendment No. 125A was substituted for Amendment No. 125.
Senator DRUMMOND proposed the following Amendment No. 125A (3400R341.JWD), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered new SECTION to read:
AUTHORIZING THE STATE BUDGET AND CONTROL BOARD TO BORROW AN AMOUNT NOT TO EXCEED THIRTY-ONE AND ONE-HALF MILLION DOLLARS ON A ONE-YEAR NOTE FOR THE USE OF THE STATE DEPARTMENT OF EDUCATION TO PURCHASE SCHOOL BUSES AND RELATED SERVICE VEHICLES, AND TO PROVIDE THAT THIS NOTE CONSTITUTES GENERAL OBLIGATION DEBT OF THE STATE, AND TO MAKE REPAYMENT OF THIS NOTE THE FIRST PRIORITY FOR APPROPRIATIONS FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1997-98.
The State Budget and Control Board is authorized to issue not more than thirty-one and one-half million dollars of general obligation debt of the State in the form of a one-year promissory note for the use for the State Department of Education to purchase school buses and related service vehicles. This debt must be issued under the terms and conditions prescribed by the board and the loan proceeds must be disbursed as provided by the board. Repayment of this note must be the first priority in appropriations from the Capital Reserve Fund for fiscal year 1997-98. In accordance with the provisions of Article X, Section 13 of the State Constitution the full faith, credit, and taxing power of the State is pledged to the payment of the principal of and interest on this general obligation debt./
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
The question then was the requisite vote under Rule 24B on Amendment No. 118.
Senator RYBERG spoke on the amendment.
Having received the requisite vote under Rule 24B, the amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 94A (3400R216.ELP), which was adopted:
Amend the bill, as and if amended, Part II, SECTION 2, by striking subsection B and inserting:
/B. This section applies for taxable years beginning after 1996, but for taxable year 1997 only, the maximum deduction allowed an eligible taxpayer pursuant to the unnumbered item added in Section 12-6-1140 of the 1976 Code by subsection A of this section is $11,500 reduced by the amount the taxpayer is eligible to deduct pursuant to Sections 12-6-1140(3) and 12-6-1170 of the 1976 Code for that taxable year./
Amend sections, totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
Having received the requisite vote under Rule 24B, the amendment was adopted.
Section 2 received the requisite vote under the provisions of Rule 24B.
Senator RYBERG proposed the following Amendment No. 64 (3400R209.WGR), which was tabled:
Amend the bill, as and if amended, Part II, SECTION 13, page 554, line 15, by adding a new sentence at the end to read:
/In any bill or joint resolution appropriating general fund revenues, no surplus general fund revenue may be appropriated in excess of amounts officially recognized as such by the Board of Economic Advisors./
Amend sections, totals and title to conform.
Senator RYBERG explained the amendment.
Senator PASSAILAIGUE argued contra to the adoption of the amendment.
Senator LEVENTIS spoke on the amendment.
Senator PASSAILAIGUE moved to lay the amendment on the table.
The amendment was laid on the table.
Section 13 received the requisite vote under the provisions of Rule 24B.
Section 46 received the requisite vote under the provisions of Rule 24B.
Senator LAND explained the section.
Section 47, as amended, received the requisite vote under the provisions of Rule 24B.
Senator MESCHER proposed the following Amendment No. 70 (3400R211.WCM), which was adopted:
Amend the bill, as and if amended, Part II, page 573, SECTION 49, line 17, by inserting after the word /funds/ the following:
/, appropriated in the annual appropriation bill or any supplemental appropriation bills/
Amend sections, totals and title to conform.
Senator MESCHER explained the amendment.
Senator MARTIN assumed the Chair at 12:05 P.M.
Senator MESCHER continued speaking in favor of the adoption of the amendment.
Senator MESCHER moved that the amendment be adopted.
Having received the requisite vote under Rule 24B, the amendment was adopted.
The question then was the vote required under Rule 24B on Section 49.
Senator LEATHERMAN, with unanimous consent, proposed the following Amendment No. 133 (3400R226.HKL), which was adopted:
Amend the bill, as and if amended, Part II, SECTION 49, page 573, by striking lines 18 through 20 and inserting in lieu thereof the following:
/without first obtaining a waiver from the State Budget and Control Board."/
Amend sections, totals and title to conform.
Having received the requisite vote under Rule 24B, the amendment was adopted.
Section 49, as amended, received the requisite vote under the provisions of Rule 24B.
Senator LEVENTIS explained the section.
Senator PATTERSON spoke on the section.
Section 53, received the requisite vote under the provisions of Rule 24B.
The PRESIDENT assumed the Chair at 12:35 P.M.
Senator GIESE proposed the following Amendment No. 100B (3400R331.WKG), which was tabled:
Amend the bill, as and if amended, PART II, SECTION 54, beginning on page 576, by adding an appropriately lettered subsection to read:
/( ) (1) Article 20, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-2777. (A) An additional license fee at the rate of ten percent is imposed on the net income derived from a machine licensed pursuant to Section 12-21-2720(A).
(B) The license fee is due and payable on a monthly basis, on or before the twentieth day of the month, and the person liable for the license fee on the due date shall make a return to the department, in a form it prescribes,
showing the total cash in, total payout, and net machine income for the previous month, and remit the license fee with it.
(C) The person making the report required pursuant to Section 12-21-2776(B) is liable for the license fee.
(D) Enforcement and collection of this license fee are as provided in Chapter 54 of this title. The license fee must be credited to the Children's Education Endowment as provided in Chapter 143 of Title 59.
(E) The license fee imposed by the provisions of this section is in addition to all other taxes and license fees provided by law on these machines."
(2) The provisions of this subsection take effect June 15, 1998./
Amend further, by adding at the end of the caption to SECTION 54 beginning on line 2, page 578, the following:
/TO AMEND ARTICLE 20, CHAPTER 21, TITLE 12, OF THE 1976 CODE, RELATING TO REGULATION OF VIDEO GAME MACHINES, BY ADDING SECTION 12-21-2777 SO AS TO IMPOSE A TEN PERCENT ADDITIONAL LICENSE FEE ON THE NET INCOME FROM LICENSED MACHINES, TO PROVIDE FOR THE PROCESS FOR ENFORCEMENT AND COLLECTION OF THE LICENSE FEE, AND TO PROVIDE THAT FUNDS RAISED FROM THE LICENSE FEE BE CREDITED TO THE CHILDREN'S EDUCATION ENDOWMENT./
Amend sections, totals and title to conform.
Senator GIESE explained the amendment.
Senator PASSAILAIGUE 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.
Senators PASSAILAIGUE, GIESE, HAYES and HOLLAND spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator GIESE continued speaking on the amendment.
Senator LAND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Cork Courtney Elliott Ford Hutto Land Leatherman Leventis Matthews McConnell McGill Mescher Passailaigue Patterson Peeler Ravenel Saleeby Short Washington Williams
Alexander Anderson Courson Giese Gregory Hayes Holland Lander Martin Reese Ryberg Setzler Smith, J. Verne Thomas Waldrep Wilson
The amendment was laid on the table.
Section 54 received the requisite vote under the provisions of Rule 24B.
Senators WASHINGTON, MATTHEWS and HUTTO proposed the following Amendment No. 116A (DKA\4602MM.97), previously carried over and which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 44-93-210 OF THE 1976 CODE, RELATING TO THE ANNUAL ESTIMATE OF INFECTIOUS WASTE COMMERCIAL TREATMENT, SO AS TO REMOVE THE CAP OF ONE-TWELFTH THE ESTIMATE AND PROVIDE FOR A LIMITATION TO THE AMOUNT PERMITTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO AMEND SECTION 44-93-160, RELATING TO FEES ON COMMERCIAL TREATMENT OF WASTE, SO AS TO REDUCE THE FEE AFTER THE FIRST ONE THOUSAND FIVE HUNDRED TONS IN A MONTH; AND TO AMEND SECTION 44-93-165 SO AS TO LIMIT THE PAYMENT INTO THE INFECTIOUS WASTE PROGRAM FUND.
A. Section 44-93-210 of the 1976 Code is amended to read:
"Section 44-93-210. (A) Annually the department shall estimate and publish the amount of infectious waste it expects to be generated within this State during the succeeding calendar year. No permitted infectious waste incinerator treatment facility may burn treat more than one-twelfth of the annual estimate of infectious waste during any one month of the year to which the estimate applies the amount the department allows it to treat by permit. However, at no time may the limit on the amount of infectious waste burned in a month be less than fifteen hundred tons.
(B) For purposes of this section, a permitted infectious waste incinerator treatment facility means a site where infectious waste is incinerated regardless of the number of incinerator units or the ownership of the units."
B. Section 44-93-160(A) of the 1976 Code is amended to read:
"(A) There is a fee on the treatment of infectious waste in this State equal to thirty dollars a ton for the first one thousand five hundred tons in a month and eight dollars a ton in excess of one thousand five hundred tons a month on the pretreatment weight of infectious waste to be imposed upon facilities required to be permitted pursuant to this chapter."
C. Section 44-93-165 of the 1976 Code is amended to read:
"Section 44-93-165. The department shall establish an Infectious Waste Program Fund to ensure the availability of funds to carry out the department's responsibilities under this chapter. This fund must be financed by the fees imposed pursuant to Section 44-93-160. From the revenue derived from the fees on infectious waste, an amount equal to eight dollars per a ton for the first one thousand five hundred tons in a month must be deposited into the Infectious Waste Program Fund."
D. This section takes effect July 1, 1997./
Renumber sections to conform.
Amend totals and title to conform.
Senator MATTHEWS explained the amendment.
At 1:00 P.M., with Senator MATTHEWS retaining the floor, on motion of Senator LEVENTIS, with unanimous consent, the Senate receded from business not to exceed two minutes.
At 1:02 P.M., the Senate resumed.
Senator MATTHEWS continued arguing in favor of the adoption of the amendment.
Senator MATTHEWS moved that the amendment be adopted.
Having received the requisite vote under Rule 24B, the amendment was adopted.
Senator HAYES asked unanimous consent to take up for immediate consideration the following amendment.
There was no objection.
Senator HAYES proposed the following Amendment No. 137 (KGH\15233AC.97), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 4-37-30, OF THE 1976 CODE, RELATING TO LOCAL SALES AND USE TAXES FOR TRANSPORTATION FACILITIES, SO AS TO PROVIDE THAT THE TAX MAY BE IMPOSED FOR SINGLE OR MULTIPLE PROJECTS; TO CLARIFY THE TYPES OF PROJECTS FOR WHICH THE PROCEEDS OF THE TAX ARE TO BE USED; TO REQUIRE THAT THE REFERENDUM HELD BEFORE A TAX MAY BE IMPOSED NOT BE HELD MORE OFTEN THAT ONCE IN TWELVE MONTHS AND MUST BE HELD ON THE TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER; AND TO DELETE OBSOLETE PROVISIONS; AND TO AMEND SECTION 4-37-20 RELATING TO THE RIGHTS AND POWERS OF TRANSPORTATION AUTHORITIES SO AS TO REMOVE THE POWER OF EXERCISING EMINENT DOMAIN.
A. Section 4-37-30(A) of the 1976 Code, as added by Act 52 of 1995, is amended to read:
"(A) Subject to the requirements of this section, the governing body of a county may by ordinance impose a one percent sales and use tax within its jurisdiction for a single project or for multiple projects and for a specific period of time to collect a limited amount of money.
(1) The governing body of a county may vote to impose the tax authorized by this section, subject to a referendum, by enacting an ordinance. The ordinance must specify:
(a) the project or projects and a description of the project or projects for which the proceeds of the tax are to be used, which may include projects located within or without, or both within and without, the boundaries of the county imposing the tax and which may include:
(i) highways, roads, streets, bridges, and other transportation-related projects facilities including, but not limited to, drainage facilities relating to the highways, roads, streets, bridges, and other transportation-related projects;
(ii) jointly-operated projects, of the type specified in sub-subitem (i), of the county and South Carolina Department of Transportation; or
(iii) projects, of the type specified in sub-subitem (i), operated by the county or jointly-operated projects of the county and other governmental entities.;
(b) the maximum time, stated in calendar years or calendar quarters, or a combination of them, not to exceed twenty-five years or the length of payment for the each project whichever is shorter in length, for which the tax may be imposed;
(c) the estimated capital cost of the project or projects to be funded in whole or in part from proceeds of the tax and the principal amount of bonds to be supported by the tax; and
(d) the anticipated year the tax will end.
(2) Upon receipt of the ordinance, the county election commission shall conduct a referendum on the question of imposing the optional special sales and use tax in the jurisdiction. If the ordinance is received prior to January 1, 1996, the referendum must be held on the first Tuesday occurring sixty days after the election commission receives the ordinance. If that Tuesday is a legal holiday, then the referendum must be held on the next succeeding Tuesday that is not a holiday. If the ordinance is received on January 1, 1996, or thereafter, the referendum must only be held at the time of a general election. If the ordinance is received prior to January 1, 1998, a referendum for this purpose may be held on the Tuesday following the first Monday in November; however, if the ordinance is received on January 1, 1998, or thereafter, a referendum for this purpose must be held at the time of the general election. The commission shall publish the date and purpose of the referendum once a week for four consecutive weeks immediately preceding the date of the referendum, in a newspaper of general circulation in the jurisdiction. A public hearing must be conducted at least fourteen days before the referendum, after publication of a notice setting forth the date, time, and location of the public hearing. The notice must be published in a newspaper of general circulation in the county at least fourteen days before the date fixed for the public hearing.
(3) A separate question must be included on the referendum ballot for each purpose and the question must read substantially as follows:
'I approve a special one percent sales and use tax to be imposed in (county) for not more than (time) to fund the following project or projects:
Project (1) for _______ $ _________
Project (2), etc.'
In addition, the referendum shall contain a question on the authorization of general obligation bonds under the exemption provided in Section 14(6), Article X of the Constitution of South Carolina, 1895, so that revenues derived from the imposition of the optional sales and use tax may be pledged to the repayment of the bonds. The additional question must read substantially as follows:
'I approve the issuance of not exceeding $ _____ of general obligation bonds of _____ County, maturing over a period not to exceed ___ years to fund the _____ project or projects.
If the referendum on the question relating to the issuance of general obligation bonds is approved, the county may issue bonds in an amount sufficient to fund the expenses of the project or projects.
(4) All qualified electors desiring to vote in favor of imposing the tax for a particular purpose shall vote 'yes' and all qualified electors opposed to levying the tax for a particular purpose shall vote 'no'. If a majority of the votes cast are in favor of imposing the tax for one or more of the specified purposes, then the tax is imposed as provided in this section; otherwise, the tax is not imposed. The election commission shall conduct the referendum under the election laws of this State, mutatis mutandis, and shall certify the result no later than sixty days after the date of the referendum to the appropriate governing body and to the Department of Revenue. Included in the certification must be the maximum cost of the project or projects or facilities to be funded in whole or in part from proceeds of the tax, the maximum time specified for the imposition of the tax, and the principal amount of bonds to be supported by the tax receiving a favorable vote. Expenses of the referendum must be paid by the jurisdiction conducting the referendum. If the tax is approved in the referendum, the tax is imposed effective the first day of the month occurring one hundred eighty days after the date of the referendum. If the certification is not timely made to the Department of Revenue, the imposition is postponed for twelve months.
(5) The tax terminates on the earlier of:
(a) the final day of the maximum time specified for the imposition; or
(b) the end of the calendar month during which the Department of Revenue determines that the tax has raised revenues sufficient to provide the greater of either the cost of the project or projects as approved in the referendum or the cost to amortize all debts related to the approved projects.
(6) When the optional sales and use tax is imposed, the governing body of the jurisdiction authorizing the referendum for the tax shall by definition include more than one item as defined in (a)(i) and (a)(ii) as long as the projects are connected and form a single transportation system to describe the single project or multiple projects for which the proceeds of the tax are to be used.
(7) Amounts collected in excess of the required proceeds must first be applied, if necessary, to complete each project for which the tax was imposed. Any additional revenue collected above the specified amount must be applied to the reduction of debt principal of the imposing political subdivision on transportation infrastructure debts only.
(8) The tax levied pursuant to this section must be administered and collected by the Department of Revenue in the same manner that other sales and use taxes are collected. The department may prescribe the amounts which may be added to the sales price because of the tax.
(9) The tax authorized by this section is in addition to all other local sales and use taxes and applies to the gross proceeds of sales in the applicable jurisdiction which are subject to the tax imposed by Chapter 36 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The gross proceeds of the sale of items subject to a maximum tax in Chapter 36 of Title 12 are exempt from the tax imposed by this section. The gross proceeds of the sale of food lawfully purchased with United States Department of Agriculture food stamps are exempt from the tax imposed by this section. The tax imposed by this section also applies to tangible personal property subject to the use tax in Article 13, Chapter 36 of Title 12.
(10) Taxpayers required to remit taxes under Article 13, Chapter 36 of Title 12 shall must identify the county in which the tangible personal property purchase at retail is stored, used, or consumed in this State.
(11) Utilities are required to report sales in the county in which consumption of the tangible personal property occurs.
(12) A taxpayer subject to the tax imposed by Section 12-36-920, who owns or manages rental units in more than one county shall separately report in his sales tax return the total gross proceeds from business done in each county.
(13) The gross proceeds of sales of tangible personal property delivered after the imposition date of the tax levied under this section in a county, either under the terms of a construction contract executed before the imposition date, or a written bid submitted before the imposition date, culminating in a construction contract entered into before or after the imposition date, are exempt from the special local sales and use tax provided in this section if a verified copy of the contract is filed with the Department of Revenue within six months after the imposition of the special local sales and use tax.
(14) Notwithstanding the imposition date of the special local sales and use tax authorized pursuant to this section, with respect to services that are regularly billed on a monthly basis, the special local sales and use tax is imposed beginning on the first day of the billing period beginning on or after the imposition date.
(15) The revenues of the tax collected in each county under this section must be remitted to the State Treasurer and credited to a fund separate and distinct from the general fund of the State. After deducting the amount of refunds made and costs to the Department of Revenue of administering the tax, not to exceed one percent of the revenues, the State Treasurer shall distribute the revenues and all interest earned on the revenues while on deposit with the State Treasurer quarterly to the county in which the tax is imposed and these revenues and interest earnings must be used only for the purpose stated in the imposition ordinance. The State Treasurer may correct misallocation costs or refunds by adjusting subsequent distributions, but these adjustments must be made in the same fiscal year as the misallocation.
(16) The Department of Revenue shall furnish data to the State Treasurer and to the counties receiving revenues for the purpose of calculating distributions and estimating revenues. The information which must be supplied to counties upon request includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information about a specific taxpayer is considered confidential and is governed by the provisions of Section 12-54-240. A person violating this section is subject to the penalties provided in Section 12-54-240.
(17) The Department of Revenue may promulgate regulations necessary to implement this section."
B. Section 4-37-20 of the 1976 Code, as added by Act No. 52 of 1995, is amended to read:
"Section 4-37-20. The board of the authority has all the rights and powers of a public body, politic and corporate of this State including, without limitation, all the rights and powers necessary or convenient to manage the business and affairs of the authority and to take action as it may consider advisable, necessary, or convenient in carrying out its powers including, but not limited to, the following rights and powers:
(1) to have perpetual succession;
(2) to sue and be sued;
(3) to adopt, use, and alter a seal;
(4) to make and amend bylaws for regulation of its affairs consistent with the provisions of this chapter;
(5) to acquire by gift, deed or easement, purchase, hold, use, improve, lease, mortgage, pledge, sell, transfer, and dispose of any property, real, personal, or mixed, or any interest in any property, or revenues of the authority as security for notes, bonds, evidences of indebtedness, or other obligations of the authority;
(6) to borrow money, make and issue notes, bonds, and other evidences of indebtedness; to secure the payment of the obligations or any part by mortgage, lien, pledge, or deed of trust, on any of its property, contracts, franchises, or revenues;
(7) to make contracts, including service contracts with a person, corporation, or partnership including, without limitation, the South Carolina Department of Transportation, to provide the facilities and services provided herein; and
(8) to exercise the powers of eminent domain; and
(9) execute all instruments necessary or convenient for the carrying out of business.
The board of the authority is not authorized to exercise the powers of eminent domain; however, it may recommend to the county governing body that property be acquired through eminent domain. The county governing body must determine if the property is to be acquired through eminent domain and, if so, to commence the eminent domain proceedings."
Renumber sections to conform.
Amend totals and title to conform.
Senator HAYES explained the amendment.
Senator HAYES moved that the amendment be adopted.
Having received the requisite vote under Rule 24B, the amendment was adopted.
THE SENATE PROCEEDED TO A CONSIDERATION OF PART I.
Senators McCONNELL and HOLLAND proposed the following Amendment No. 128 (3400R340.GFM), which was adopted:
Amend the bill, as and if amended, Part I, Section 3A, page 1, line 17, by striking / 3,677,344 / and inserrting in liue thereof the following:
/ 3,724,917 /
Amend the bill further, as and if amended, Part I, Section 3A, page 1, line 24, by striking / 931,217 / and inserting in lieu thereof the following:
/ 941,217 /.
Amend sections, totals and title to conform.
Senator McCONNELL explained the amendment.
Senator McCONNELL moved that the amendment be adopted.
The amendment was adopted.
Senators SALEEBY, McCONNELL, PASSAILAIGUE, PATTERSON, COURTNEY, MATTHEWS, REESE, HAYES and JACKSON proposed the following Amendment No. 26 (INS\S34001001), which was adopted:
Amend the bill, as and if amended, Part IA, Section 3A, The Senate, page 1, line 33, by adding:
COLUMN 7 COLUMN 8
/National Conference
of Insurance Legislators 2,000.00 2,000.00
Amend sections, totals and title to conform.
Senator SALEEBY explained the amendment.
The amendment was adopted.
Senator HOLLAND proposed the following Amendment No. 127A (3400R343.DHH), which was adopted:
Amend the bill, as and if amended, Part I, Section 6C (Governor's Office-Executive Policy and Programs), page 0036, in Item VI, immediately after line 7 by inserting /Special item-Veteran's Roster/ and in columns 7 and 8 by inserting / $110,990 /.
Amend sections, totals and title to conform.
Senator HOLLAND explained the amendment.
Senator HOLLAND moved that the amendment be adopted.
The amendment was adopted.
Senator SETZLER proposed the following Amendment No. 74 (ED\SBD\003), which was adopted:
Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 162, line 26, by:
COLUMN 7 COLUMN 8
/STRIKING: 1,734,662 1,643,643
(48.00) (46.27)
INSERTING: 2,060,223 1,839,781
(55.03) (50.03)/
Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 163, line 11, by:
COLUMN 7 COLUMN 8
/STRIKING: 3,063,732 2,501,368
(82.26) (67.98)
INSERTING: 2,738,171 2,305,230
(75.23) (64.22)/
Senator SETZLER explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator MATTHEWS proposed the following Amendment No. 135 (ED\SBD\007), which was adopted:
Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 165, line 37, by:
COLUMN 7 COLUMN 8
/STRIKING: 9,954,596
() ()
INSERTING: 9,934,596
() ()/
Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 173, line 6, by:
COLUMN 7 COLUMN 8
/STRIKING: 1,482,408
() ()
INSERTING: 1,502,408
() ()/
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
Senator SETZLER proposed the following Amendment No. 73 (ED\SBD\001), which was adopted:
Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 177, by striking lines 10, 11, 12, and 13.
Amend the bill , as and if amended, Part IA, Section 19, Department of Education , page 177 by inserting the following after line 37 and before line 38
COLUMN 7 COLUMN 8
/AID TO OTHER ENTITIES 49,488 49,488/
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
Senators J. VERNE SMITH, O'DELL and REESE proposed the following Amendment No. 138 (SFC\VRC722), which was tabled:
Amend the bill, as and if amended, Part IA, Section 24, Department of Archives and History, page 195, by adding a new line after line 29 to read:
COLUMN 7 COLUMN 8
/NHPRC Federal Grant Match 50,000 50,000/
Amend sections, totals and title to conform.
Senator J. VERNE SMITH explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator HOLLAND proposed the following Amendment No. 139A (3400R344.DHH), which was adopted:
Amend the bill, as and if amended, Part IA, SECTION 24, Department of Archives and History, page 0195, immediately after line 36, by inserting /Cleveland School Monument/ and in columns (7) and (8) by inserting /3,000/.
Amend sections, totals and title to conform.
Senator HOLLAND explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator ROSE proposed the following Amendment No. 130 (SFC\VRC718), which was tabled:
Amend the bill, as and if amended, Part IA, Section 35, Department of Social Services, page 279, line 16, by:
COLUMN 7 COLUMN 8
/STRIKING: 22,986 22,986
() ()
INSERTING: 32,986 32,986
() ()/
Amend sections, totals and title to conform.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator J. VERNE SMITH proposed the following Amendment No. 98 (SFC\VRC713), which was adopted:
Amend the bill, as and if amended, Part IA, Section 39, Human Affairs Commission, page 298, by adding a new line after line 31 to read:
COLUMN 7 COLUMN 8
New Positions:
/"Program Coordinator I" (3.00) (3.00) /
Amend sections, totals and title to conform.
Senator J. VERNE SMITH explained the amendment.
The amendment was adopted.
Senator LEVENTIS proposed the following Amendment No. 132 (3400R225.PPL), which was adopted:
Amend the bill, as and if amended, Part IA, Section 47, page 359, line 1, by striking columns (7) and (8) and inserting in lieu thereof the following:
/ 207,593 100,000 /
Amend the bill further, as and if amended, Part IA, Section 47, page 362, after line 24, by adding the following:
/ Vehicles and Equipment 53,250 53,250 /
Amend the bill, as and if amended, Part IA, page 372, line 35, by striking columns (7) and (8) in their entirety and inserting in lieu thereof the following:
/ 1,137,895 1,127,895 /
Amend sections, totals and title to conform.
Senator LEVENTIS explained the amendment.
Senator LEVENTIS moved that the amendment be adopted.
The amendment was adopted.
At 1:35 P.M., on motion of Senator DRUMMOND, the Senate receded from business not to exceed five minutes.
At 1:40 P.M., the Senate resumed.
THE SENATE PROCEEDED TO A CONSIDERATION OF PART IB.
Senators WILSON, THOMAS, PEELER, J. VERNE SMITH, LEATHERMAN, RYBERG, FAIR and MESCHER proposed the following Amendment No. 80 (BBM\9443MM.97), which was withdrawn:
Amend the bill, as and if amended, at Part IB, A99 - Section 3, beginning at page 424, by adding an appropriately numbered SECTION to read:
/____. (LEG. State House Renovation) The Senate shall return the desks and chairs currently being used to the refurbished State House. New or additional furniture may not be purchased without a separate vote of the Senate approving such purchase./
Renumber sections to conform.
Amend totals and title to conform.
Senator MOORE spoke on the amendment.
Senator COURSON spoke on the amendment.
Senator MOORE asked unanimous consent to make a motion on behalf of himself and Senator COURSON to proceed with the sale of the existing Senate desks to currently serving members, to place an order for the construction of new desks pursuant to the low bid previously submitted and, thereby, saving the State approximately $50,000; provided, that any difference between the money raised from the sale of the existing desks and the purchase of new desks would be supplemented by private funds to be raised by and secured by a personal guarantee given by Senators MOORE and COURSON.
Senator WILSON objected.
Senator DRUMMOND addressed the Senate with brief remarks
Senator MARTIN assumed the Chair at 2:45 P.M.
Senator WILSON argued in favor of the adoption of the amendment.
Senator DRUMMOND asked unanimous consent to make a motion to carry over the amendment.
Senator WILSON objected.
Senator WILSON continued arguing in favor of the adoption of the amendment.
Senator WILSON moved that the amendment be adopted.
On motion of Senator WILSON, with unanimous consent, the amendment was withdrawn.
The PRESIDENT assumed the Chair at 3:12 P.M.
Senator COURTNEY proposed the following Amendment No. 110 (SFC\902.DGJ), which was adopted:
Amend the bill, as and if amended, Part IB, Section 4A, JUDICIAL DEPARTMENT, page 430, Proviso 4A.5, line 35, by striking /two hundred fifty dollars per month as expense allowance/ and inserting:
/five hundred dollars per month as expense allowance effective June 30, 1998./
Amend sections, totals and title to conform.
Senator COURTNEY explained the amendment.
Senator COURTNEY 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:
Drummond Fair Giese Gregory Leatherman Leventis McGill Passailaigue Peeler
Alexander Bryan Cork Courson Courtney Elliott Ford Glover Hayes Holland Hutto Jackson Land Lander Martin Matthews McConnell Mescher Moore O'Dell Patterson Rankin Russell Saleeby Setzler Smith, J. Verne Thomas Waldrep Washington Wilson
Short
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator LEVENTIS spoke on the amendment.
The amendment was adopted.
In order to avoid the appearance of a conflict of interest, I certify that I took no action in the consideration of nor in the voting on any matters pertaining to Amendment No. 110.
Senator HOLLAND proposed the following Amendment No. 111 (PSD\7321AC.97), which was adopted:
Amend the bill, as and if amended, Part I B, Section 6DD-Governor's Office, page 435, immediately after line 31 by adding an appropriately numbered paragraph to read:
/6DD.______ (Gov: Division of Veteran's Affairs) The funds appropriated to the Division of Veteran's Affairs as "Special Item-Veteran's Roster" must be used in accordance with Part II, SECTION 73 of Act 164 of 1993, for the preparation, printing, and publication of a complete roster of all South Carolina soldiers, sailors, marines, airmen, and all other military personnel who entered the services of the United States in the Korean Conflict, the Vietnam Conflict, and Operation Desert Storm./
Renumber sections to conform.
Amend totals and title to conform.
Senator HOLLAND explained the amendment.
Senator HOLLAND moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 131 (3400R224.JAL), which was adopted:
Amend the bill, as and if amended, Part IB, Section 6DD, page 435, by adding a new proviso to read:
/6DD. ( ) The funds expended for the operation of the Vehicle Theft Unit authorized in item 4 of Section 6B of Part IA may be used to inspect a junkyard, scrap metal processing facility, salvage yard, repair shop, licensed business buying, selling, displaying, or trading new and used motor vehicles or parts of motor vehicles, parking lots, and public garages, or a person dealing with salvaged motor vehicles or parts of them.
The physical inspection must be conducted while an employee or owner is present and must be for the purpose of locating stolen motor vehicles or investigating titling or registration of motor vehicles wrecked or dismantled./
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 SHORT proposed the following Amendment No. 148 (ED\SBD\012), which was tabled:
Amend the bill, as and if amended, Part IB, Section 17B, Budget and Control Board, Division of Operations, page 445, Proviso 17B, line 17, by adding the following appropriately numbered proviso
/17.B (BCB/DO: OIS - IRF State Department of Education) The Insurance Reserve Fund is authorized to loan the State Department of Education the amount needed to comply with applicable United States Environmental Protection Agency and South Carolina Department of Health and Environmental Control regulations concerning underground petroleum storage tanks under the control of the State Department of Education. The loan repayment schedule is to be negotiated between the State Department of Education and the State Budget and Control Board, and the interest rate must be the same rate established by the State Treasurer. The funds for repayment are authorized to come from any existing agency resources, and must not require any additional 1997-98 State appropriation./
Amend sections, totals and title to conform.
Senator SHORT explained the amendment.
Senator BRYAN spoke on the amendment.
Senator BRYAN asked unanimous consent to amend the amendment.
Senator PASSAILAIGUE objected.
Senator BRYAN moved that the amendment be adopted.
Senator PASSAILAIGUE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Courson Fair Giese Gregory Martin Mescher Passailaigue Peeler Ryberg Thomas Waldrep
Alexander Anderson Bryan Courtney Elliott Ford Glover Hayes Hutto Jackson Land Lander Leatherman Leventis Matthews McConnell McGill Moore O'Dell Patterson Rankin Russell Saleeby Setzler Short Smith, J. Verne Washington Wilson
Drummond
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator PASSAILAIGUE argued contra to the adoption of the amendment and Senator BRYAN argued in favor.
Senator RYBERG spoke on the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryan Courtney Ford Glover Hayes Hutto Jackson Land Lander Leventis Matthews McGill Moore Patterson Rankin Setzler Short Washington Wilson
Courson Elliott Fair Giese Gregory Leatherman Martin McConnell Mescher O'Dell Passailaigue Peeler Russell Ryberg Saleeby Smith, J. Verne Thomas Waldrep
Drummond
The amendment was adopted.
Senator DRUMMOND asked unanimous consent to make a motion that no further amendments to Part I be received at the desk.
There was no objection.
On motion of Senator LAND, with unanimous consent, the following two amendments were taken up for immediate consideration.
Senator LAND proposed the following Amendment No. 65 (3400R320.JCL), which was adopted:
Amend the bill, as and if amended, Part IB, Section 69, page 524, by adding after line 14 the following:
/69.17 (DOT: Payroll Deduction for Uniform Rental) The Department of Transportation, upon the written request of an employee, shall make deduction from the employee's compensation for payments for work related uniform rental./
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 39 (SFC\900.DGJ), which was adopted:
Amend the bill, as and if amended, Part IB, Section 34, DEPARTMENT OF PUBLIC SAFETY, page 500, line 23 by adding
34.__ The Department of Public Safety may enter into contracts to provide copies of photography, electronically stored information, store photographs or digitized images. Such items are to be used for the prevention of fraud, including but not limited to, use in mechanisms intended to prevent the fraudulent use of credit cards, debit cards or other forms of financial or voter transactions. The use of such photographs, electronically stored or digitized images obtained by private companies or other entities is limited to the verification of the identity of the holder. Funds derived from the contractual sale of these copies are retained by the Department of Public Safety to defray the costs of providing same./
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 SETZLER proposed the following Amendment No. 149 (ED\SBD\010), which was adopted:
Amend the bill, as and if amended, Part IB, Section 18A, Commission on Higher Education, page 457, Proviso 18A.26, line 23 by inserting after the word /Merit/ and before the word /finalists./ the word / semi /
Amend the bill further, line 21 after the word /who/, and before the word /had/ the following:
/will graduate from a high school in South Carolina and/
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator SALEEBY proposed the following Amendment No. 27A (INS\3400I003), which was adopted:
Amend the bill, as and if amended, Part IB, Section 18K, USC: Earth and Sciences Resources Institute, page 459, Proviso 18K.8, lines 7 through 9, by striking / the proviso in its entirety /
Amend sections, totals and title to conform.
Senator SALEEBY explained the amendment.
The amendment was adopted.
Senator BRYAN proposed the following Amendment No. 77A (ED\3400.EL), which was adopted:
Amend the bill, as and if amended, Part IB, Section 19, Education, page 467, Proviso 19.31, line 6, by striking line 6 and inserting:
/of the APT system. Of the funds appropriated, $115,000 is to be used to pay colleges and universities for APT and ADEPT services./
Amend sections, totals and title to conform.
Senator BRYAN explained the amendment.
Senator BRYAN moved that the amendment be adopted.
The amendment was adopted.
Senator SETZLER asked unanimous consent to make a motion to place a further amendment on the desk.
There was no objection.
Senator SETZLER asked unanimous consent to make a motion to place a further amendment authored by Senator McCONNELL on the desk.
There was no objection.
Senator SHORT proposed the following Amendment No. 147A (3400R228.LHS), which was adopted:
Amend the bill, as and if amended, Part IB, Section 19, Department of Education, page 467, Proviso 19., line 35, by adding the following appropriately numbered proviso:
/19. . (SDE: Carry Forward for Loan Repayment) Any unexpended balance of Fiscal Year 1996-97 appropriated funds may be carried forward to be used in the current fiscal year not to exceed the amount needed to repay the amount borrowed from the Insurance Reserve Fund./
Amend sections, totals and title to conform.
Senator SHORT explained the amendment.
Senator SHORT moved that the amendment be adopted.
The amendment was adopted.
Senator SETZLER proposed the following Amendment No. 72 (ED\SBD\002), which was adopted:
Amend the bill, as and if amended, Part IB, Section 19, Department of Education, page 468, Proviso 19A.4, lines 19 after the word /year,/ through 20, by striking
/, except that full day kindergarten will be based on the prior fiscal year./
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 MATTHEWS proposed the following Amendment No. 136 (ED\SBD\004), which was adopted:
Amend the bill, as and if amended, Part IB, Section 19A., Department of Education, page 472, Proviso 19A.35, by striking line 38 and inserting:
/specific programs to recruit minority teachers, and shall distribute $206,000 to Benedict College and $270,000/.
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 O'DELL proposed the following Amendment No. 141 (SFC\VRC720), which was adopted:
Amend the bill, as and if amended, Part IB, Section 19A, Department of Education-EIA, page 475, Proviso 19A.59, line 25 by striking /$250,000/ and inserting /$500,000/.
Amend sections, totals and title to conform.
Senator O'DELL explained the amendment.
Senator O'DELL moved that the amendment be adopted.
The amendment was adopted.
Senator HOLLAND proposed the following Amendment No. 140 (B.M.\9454AC.97), which was adopted:
Amend the bill, as and if amended, Part 1B, H72-SECTION 24 - Department of Archives and History, page 479 by adding an appropriately numbered paragraph to read:
/24. _____. (AH: Cleveland School Monument) The funds appropriated to the department under Historical Services - Cleveland School Monument must be used for the purpose of refurbishing the monument and erecting a fence around the monument./
Renumber sections to conform.
Amend totals and title to conform.
Senator HOLLAND explained the amendment.
Senator HOLLAND moved that the amendment be adopted.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 5A (3400R347.ELP), which was adopted:
Amend the bill, as and if amended, Part IB, Health and Environmental Control, Department of, page 495, by adding a new section after line 26 to read:
/30.__. (DHEC: Lead Screening Program) Of the funds appropriated to the Department of Health and Environmental Control, the director is authorized to allocate $100,000 to the continuation of the lead paint screening program./
Amend sections, totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
The amendment was adopted.
Senators CORK, RAVENEL and McCONNELL proposed the following Amendment No. 61 (SFC\VRC707), which was adopted:
Amend the bill, as and if amended, Part IB, Section 30, Department of Health and Environmental Control, page 495, line 27, by adding an appropriately numbered proviso to read:
( ) The Department of Health and Enviromental Control shall not expend funds, whether state, federal or other funds, unless otherwise authorized by higher law, for salary or compensation of any deputy director who also serves as deputy director of the Division of Ocean and Coastal Resources Management./
Amend sections, totals and title to conform.
Senator CORK explained the amendment.
Senator GIESE raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator McCONNELL spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator CORK continued arguing in favor of the adoption of the amendment and Senator GIESE argued contra.
Senators McCONNELL and RAVENEL argued in favor of the adoption of the amendment.
Senator BRYAN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryan Drummond Elliott Fair Giese Gregory Holland Lander Leatherman Martin Ryberg Smith, J. Verne
Anderson Cork Courson Ford Glover Hayes Hutto Jackson Leventis Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Russell Setzler Short Thomas Waldrep Washington Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
The amendment was adopted.
Senator PEELER proposed the following Amendment No. 47 (3400R505.HSP), which was adopted:
Amend the bill, as and if amended, Part IB, Section 34, page 500, after line 22, by adding a new Proviso to read:
/34. . (High Speed Chase Study) The Department of Public Safety, in cooperation with the South Carolina Police Chiefs Association and the South Carolina Sheriffs Association, shall conduct a study concerning the number and character of accidents which result from high speed chases. The study shall determine the number of chases which result in accidents; the number of injuries and fatalities among law enforcement, persons being chased, and persons not involved in a chase; and such other information related to high speed chases that the department deems appropriate. The study shall also include suggestions on how to curtail accidents resulting from high speed chases. The department shall report its findings to the General Assembly by the second Tuesday in January, 1998./
Amend sections, totals and title to conform.
Senator PEELER explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senators LEVENTIS and REESE proposed the following Amendment No. 34 (3400R314.PPL), which was adopted:
Amend the bill, as and if amended, Part IB, Section 44, page 509, after line 27 by adding the following:
/44.6 Notwithstanding Section 11-9-125, the South Carolina Forestry Commission is authorized to retain and expend funds reimbursed from North Carolina for expenses incurred in the prior fiscal year while assisting North Carolina following destruction from Hurricane Fran./
Amend sections, totals and title to conform.
Senator LEVENTIS explained the amendment.
The amendment was adopted.
Senator ELLIOTT proposed the following Amendment No. 48A (3400R509.DE), which was adopted:
Amend the bill, as and if amended, Part IB, Section 49.8, page 513, by striking the proviso in its entirety (lines 8-13) and inserting in lieu thereof the following:
/49.8 (PRT: State Park Funding) No funds appropriated or authorized in Part IA shall be utilized for advertising by the S.C. Department of Parks, Recreation and Tourism in the event that a state park is closed or management responsibility is transferred to another entity without the express approval Senator and a majority of the House members of the county delegation in which a state park is located. The department shall develop an implementation plan for each park and, if an effective reduction in the level of services is planned, the department shall review the changes with the county delegation in which the state park is located and review the changes with the county legislative delegation in which the state park is located and shall receive the express approval of a majority of the Senators and a majority of the House members before any reduction in level of services is implemented./
Amend sections, totals and title to conform.
Senator ELLIOTT explained the amendment.
Senator ELLIOTT moved that the amendment be adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Elliott Ford Glover Gregory Holland Hutto Jackson Lander Leatherman Leventis Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Setzler Short Thomas Waldrep Washington
Alexander Bryan Courson Drummond Fair Giese Hayes Martin Russell Ryberg Smith, J. Verne Wilson
The amendment was adopted.
At 5:08 P.M., on motion of Senator J. VERNE SMITH, the Senate receded from business until 5:20 P.M.
At 5:21 P.M., the Senate resumed.
Senator MARTIN assumed the Chair at 5:23 P.M.
Senator PASSAILAIGUE proposed the following Amendment No. 7 (3400R409.ELP), which was tabled:
Amend the bill, as and if amended, Part IB, page 513, lines 17 through 21, by striking Section 49.10 (PRT: General Fund Budget Detail) in its entirety.
Amend sections, totals and title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator LEVENTIS argued contra.
Senator LEVENTIS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Cork Drummond Ford Glover Hutto Jackson Land Lander Leatherman Leventis Martin Matthews Moore O'Dell Patterson Peeler Setzler Short Smith, J. Verne
Alexander Courson Elliott Fair Giese Gregory Holland McConnell McGill Mescher Passailaigue Rankin Ravenel Russell Ryberg Thomas Washington Wilson
The amendment was laid on the table.
Senators J. VERNE SMITH, ALEXANDER, ANDERSON, BRYAN, CORK, COURSON, COURTNEY, DRUMMOND, ELLIOTT, FAIR, FORD, GIESE, GLOVER, GREGORY, HAYES, HOLLAND, HUTTO, JACKSON, LAND, LANDER, LEATHERMAN, LEVENTIS, MARTIN, MATTHEWS, McCONNELL, McGILL, MESCHER, MOORE, O'DELL, PASSAILAIGUE, PATTERSON, PEELER, RANKIN, RAVENEL, REESE, ROSE, RUSSELL, RYBERG, SALEEBY, SETZLER, SHORT, THOMAS, WALDREP, WASHINGTON, WILLIAMS and WILSON proposed the following Amendment No. 93 (SFC\VRC710), which was adopted:
Amend the bill, as and if amended, Part IB, Section 65, Employment Security Commission, page 520, after line 36, by adding an appropriately numbered proviso to read:
( ) (ESC: Contribution Rates) (A) Notwithstanding any provision contained in Section 41-31-80 of the 1976 Code, with respect to the computation of the statewide reserve ratio for employer contributions to the State Unemployment Compensation Fund, for the period January 1, 1998 through December 31, 1998, the following contribution rates apply:
If the resultant percentage of the employer's reserve balance divided by the annual payroll equals or exceeds 9%, then the contribution rate is .54%;
If the resultant percentage of the employer's reserve balance divided by the annual payroll equals 8% but is less than 9%, then the contribution rate is .89%;
If the resultant percentage of the employer's reserve balance divided by the annual payroll equals 7% but is less than 8%, then the contribution rate is 1.24%;
If the resultant percentage of the employer's reserve balance divided by the annual payroll equals 6% but is less than 7%, then the contribution rate is 1.59%;
If the resultant percentage of the employer's reserve balance divided by the annual payroll equals 5% but is less than 6%, then the contribution rate is 1.94%;
If the resultant percentage of the employer's reserve balance divided by the annual payroll equals 4% but is less than 5%, then the contribution rate is 2.29%;
If the resultant percentage of the employer's reserve balance divided by the annual payroll is less than 4%, then the contribution rate is 2.64%.
(B) All other provisions of Chapters 27 through 42, Title 41, of the 1976 Code are applicable for the period January 1, 1998 through December 31, 1998./
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.
Senator MOORE asked unanimous consent to make a motion to submit a further amendment for consideration.
There was no objection.
Senator PEELER proposed the following Amendment No. 28A (3400R230.HSP), which was adopted:
Amend the bill, as and if amended, Part IB, Section 69, page 524, by adding a new Proviso after line 14 to read:
/69. . (DOT: DREAM STOPS) Of the funds appropriated in Part IA, Section 69, II, Highway Engineering, Permanent Improvements, the Department of Transportation shall use $15,000 to plant gardens at welcome centers located in South Carolina, to be known as "DREAM STOPS" (Drivers Refresh Enjoy And Meditate STOPS)./
Amend sections, totals and title to conform.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senators PEELER and REESE proposed the following Amendment No. 46 (3400R203.HSP), which was adopted:
Amend the bill, as and if amended, Part IB, Section 69, page 524, after line 14, by adding a new Proviso to read:
/69. . (Highway District Realignment Study) The Department of Transportation shall study the realignment of highway districts for engineering and maintenance purposes. The study shall include a determination of whether a district headquarters shall be located in the most populous county in a district, including whether the dispatch office and other ancillary functions shall be located at the highway district headquarters. The department shall report its findings to the General Assembly by the second Tuesday in January, 1998./
Amend the bill further, as and if amended, Part IB, Section 34, page 500, after line 22, by adding a new Proviso to read:
/34. . (Highway Patrol District Realignment Study) The Department of Public Safety shall study the realignment of highway patrol districts. The study shall include a determination of whether a district highway patrol headquarters shall be located in the most populous county in a district, including whether the dispatch office and other ancillary functions shall be located at the district headquarters. The study shall also determine whether the law enforcement rank structure for a district shall be the same as for all other highway patrol district headquarters. The department shall report its findings to the General Assembly by the second Tuesday in January, 1998./
Amend sections, totals and title to conform.
Senator PEELER explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senators PEELER and WILSON proposed the following Amendment No. 88A (3400R215.HSP), which was ruled out of order:
Amend the bill, as and if amended, Part IB, page 524, after line 14, by adding a new section to read:
/_____. (DOT: Speed Limit Signs) Notwithstanding any other provision of law, the Department of Transportation must expend funds to post speed limit signs on interstate highways, not in urban areas, which authorize speeds not to exceed seventy miles an hour./
Amend sections, totals and title to conform.
Senator LAND raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senators LAND, PEELER, WILSON and LEATHERMAN spoke on the Point of Order.
The ACTING PRESIDENT sustained the Point of Order.
Senator PEELER spoke on the amendment.
Senator LAND argued contra to the adoption of the amendment.
The amendment was ruled out of order.
Senators ANDERSON, FORD, MATTHEWS, WILLIAMS, PATTERSON, LAND and WASHINGTON proposed the following Amendment No. 99A (SFC\910.DGJ), which was adopted:
Amend the bill, as and if amended, Part IB, Section 69, DEPARTMENT OF TRANSPORTATION, page 524, line 15 by adding
The Department of Transportation shall transfer $100,000 above the normal allocation of mass transit funds to the Greenville Transit Authority./
Amend sections, totals and title to conform.
Senator DRUMMOND explained the amendment.
Senator J. VERNE SMITH moved that the amendment be adopted.
The amendment was adopted.
Senator CORK proposed the following Amendment No. 117 (3400C013.HAC), which was adopted:
Amend the bill, as and if amended, Part IB, page 524, after line 14, to read:
/69. . (DOT: Rural System Upgrade) The funding allocation method for rural system upgrade projects based on non-metropolitan planning organizations adopted by the commission on January 30, 1997, shall not affect rural system projects previously approved by the commission prior to this date. It is the intent of the General Assembly that the department provide funding for these projects as promptly as possible in order to not delay project schedules and time lines for completion./
Amend sections, totals and title to conform.
Senator CORK explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 3B (3400R426.ELP), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72.76, page 546, lines 16 through 20 by striking Section 72.76 in its entirety and inserting in lieu thereof the following:
/(GP: Undesignated Surplus) Of the undesignated surplus for FY 1996-97 as determined by the Comptroller General at the closing of the FY 1996-97 accounting year, funds shall be transferred to Aid to Subdivisions-Comptroller General in the amounts of $21,140,848 for the Property Tax Relief Fund and $5,331,314 for the Manufacturer's Depreciation Reimbursement Fund. Of any additional undesignated surplus remaining, $8,000,000 shall be transferred to the Department of Corrections for prison operations. Any remaining undesignated surplus shall be transferred to Aid to Subdivisions-Comptroller General for the Property Tax Relief to fund an increase in the property tax exemption provided for in Section 12-37-251. Notwithstanding the reimbursement formula in Section 12-37-251 of the 1976 Code, as amended, the amount transferred for an increase in the property tax exemption, above the $21,140,848 appropriated, shall be distributed to taxing districts on a per capita basis, based on the 1990 Census./
Amend sections, totals and title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
Senator DRUMMOND spoke on the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Bryan Drummond Land Leventis Martin Short Smith, J. Verne
Alexander Cork Courtney Elliott Fair Ford Giese Glover Gregory Holland Hutto Jackson Lander Leatherman Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Russell Ryberg Setzler Thomas Washington Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
The amendment was adopted. Adoption of the amendment was subsequently reconsidered and Amendment No. 3C was substituted for Amendment No. 3B.
Senators J. VERNE SMITH, GIESE and LEATHERMAN proposed the following Amendment No. 25 (LCI\AGING.HHS), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, page 546, after line 20, by adding a new proviso to read:
/Notwithstanding any other provision of law, effective July 1, 1997, the duties, functions, and responsibilities of the Division on Aging in the Office of the Governor are transferred to the Department of Health and Human Services as the Office on Aging. The director of the department must employ a deputy director to be the administrator for the office. The Budget and Control Board shall take the necessary actions to effect this transfer. All personnel, appropriations and FTE's of the Division shall be transferred to the Department of Health and Human Services on July 1, 1997./
Amend sections, totals and title to conform.
Senator LEVENTIS argued contra to the adoption of the amendment.
Senator LEATHERMAN argued in favor of the adoption of the amendment.
Senator LEVENTIS raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator LEATHERMAN spoke on the Point of Order.
The ACTING PRESIDENT overruled the Point of Order.
Senator LEVENTIS 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 ALEXANDER proposed the following Amendment No. 66 (SFC\904.DGJ), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 546, lines 21 by adding
Any state agency may establish, collect, and retain fines to cover the costs associated with the collection of dishonored checks returned to the agency due to insufficient funds. Such funds shall be retained and expended by the agency in accordance with this purpose and any unused amount shall be carried forward./
Renumber sections to conform.
Amend totals and title to conform.
Senator ALEXANDER explained the amendment.
Senator ALEXANDER moved that the amendment be adopted.
The amendment was adopted.
Senators ALEXANDER, MARTIN and WALDREP proposed the following Amendment No. 59 (SFC\207.RDY), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary Provisos, page 546, beginning on line 21, by inserting an appropriately numbered proviso to read:
/(GP: Walhalla Fish Hatchery) In accordance with a phase-in agreement made with the federal government regarding the transfer of ownership of the Walhalla Fish Hatchery to the state, $100,000 shall be transferred to Department of Natural Resources for the Walhalla Fish Hatchery, for its operations and maintenance, from funds appropriated to the South Carolina Department of Commerce./
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 CORK proposed the following Amendment No. 103 (SC\VRC715), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary Provisos, page 546, Proviso 72.76, line 20, by adding after /prison operations / the following:
/, $400,000 shall be transferred to the Department of Health and Environmental Control for renourishment or stabilization of Hunting Island State Park./
Amend sections, totals and title to conform.
Senator CORK explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senators MARTIN and ALEXANDER proposed the following Amendment No. 129 (3400C014.LAM), which was adopted:
Amend the bill, as and if amended, Part IB, Page 546, after line 20, to read:
/72. . (GP: Property tax collection) A county treasurer may garnish a person's income tax refund for failing to pay property taxes on a motor vehicle within the statutory time period, including any delinquent taxes, assessments, penalties, and cost of collection to the state or the county treasurer. The Department of Revenue shall adopt procedures to implement this program./
Amend sections, totals and title to conform.
Senator ALEXANDER explained the amendment.
Senator ALEXANDER moved that the amendment be adopted.
The amendment was adopted.
Senators FAIR and HAYES proposed the following Amendment No. 134 (SFC\VRC719), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary Provisos, page 546, by adding an appropriately numbered proviso after line 20 to read:
/( ) State agencies shall use state funds for performing abortions only when the life of the mother is in danger. In no other instance shall state appropriations be used to cover costs associated with abortions.
Amend sections, totals and title to conform.
Senator FAIR explained the amendment.
Senator CORK raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senators FAIR and McCONNELL spoke on the Point of Order.
The ACTING PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senator McCONNELL proposed the following Amendment No. 151 (SFC\214.RDY), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary Provisos, page 546, beginning on line 21, by inserting a new and appropriately numbered proviso to read:
/From funds appropriated to the Department of Commerce, $109,000 shall be transferred to the S.C. Institute of Archaeology and Anthropology, University of South Carolina, to acquire a marine remote sensing device to manage the state's submerged cultural resources by identifying and inventorying these submerged cultural resources and to devise strategies for use and protection of these resources and to monitor the Hunley site until the hull can be recovered./
Amend sections, totals and title to conform.
Senator McCONNELL explained the amendment.
Senator McCONNELL moved that the amendment be adopted.
The amendment was adopted.
On motion of Senator MOORE, with unanimous consent, Amendment No. 160 was taken up for immediate consideration.
Senator MOORE proposed the following Amendment No. 160 (3400R231.TLM), which was adopted:
Amend the bill, as and if amended, Section 1B, Section 72, page 546, by adding an appropriately numbered new item to read:
/72. . (GP: Piedmont Tech - Edgefield Fac. Ren.) From funds appropriated to the Department of Commerce, 200,000 dollars shall be transferred to be expended for the exclusive purpose of the Piedmont Tech - Edgefield Facility renovation project./
Amend sections, totals and title to conform.
Senator MOORE explained the amendment.
Senator MOORE moved that the amendment be adopted.
The amendment was adopted.
Senator RANKIN proposed the following Amendment No. 157 (GJK\20713HTC.97), which was ruled out of order:
Amend the bill, as and if amended, Part 1B, Section 72, page 546, by adding an appropriately numbered paragraph at the end to read:
/72. ______. (GP: Fees on Video Games) In addition to other county fees allowed pursuant to Section 12-21-2720(A)(3) of the 1976 Code, the governing body of a county in which at least nine hundred thousand dollars in revenues from the tax imposed pursuant to Section 12-36-2630(3) of the 1976 Code was collected in any one fiscal year, by ordinance may impose during the current fiscal year an additional license fee not exceeding fifty percent of the license fee imposed pursuant to Section 12-21-2720(A) for the equivalent license period. The fee imposed by the county applies only to machines located in the county area in a structure housing more than one single place or premises. At least seventy-five percent of fee revenue under this paragraph must be credited to a special fund established by the governing body of the county for the purpose of receiving locally imposed fees and taxes for highway construction and highway improvements. Amounts so credited must be used for the purposes of the fees and taxes credited to the fund. If there are in the county community recreation special tax districts created pursuant to Chapter 20 of Title 4 of the 1976 Code, ten percent of fee revenues must be distributed to the districts on a per capita basis. Ten percent of the fee revenues pursuant to this paragraph must be used for programs for senior citizens in the county. Any remaining fee revenue pursuant to this paragraph must be used for recreation projects./
Renumber sections to conform.
Amend totals and title to conform.
Senator RANKIN explained the amendment.
Senator RANKIN moved that the amendment be adopted.
Senator LAND argued contra to the adoption of the amendment.
Senator LAND moved to lay the amendment on the table.
The Senate refused to table the amendment. The question then was the adoption of 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 ACTING PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senator SETZLER proposed the following Amendment No. 154 (SFC\VRC735), which was adopted:
Amend the bill, as and if amended, Part IA, Section 18A, Commission on Higher Education, page 90, line 38, by:
COLUMN 7 COLUMN 8
/STRIKING: 5,940,000 5,940,000
() ()
INSERTING: 4,625,000 4,625,000
() ()/
Amend the bill further, as and if amended, Part IA, Section 18A, Commission on Higher Education, page 90, by adding a new line after line 38 to read:
COLUMN 7 COLUMN 8
/Formula Funding 1,315,000 1,315,000/
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 J. VERNE SMITH, O'DELL, and REESE proposed the following Amendment No. 152 (SFC\VRC730), which was adopted:
Amend the bill, as and if amended, Part IA, Section 24, Department of Archives and History, page 195, by adding a new line after line 29 to read:
COLUMN 7 COLUMN 8
/NHPRC Federal Grant Match 50,000 50,000/
Amend the bill further, as and if amended, Part IA, Section 29, Dept. Health and Human Services, page 209, line 3, by:
COLUMN 7 COLUMN 8
/STRIKING: 53,064,933 4,777,583
() ()
INSERTING: 52,897,989 4,727,583
() ()/
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.
Senator SETZLER proposed the following Amendment No. 153 (ED\SBD\005), which was adopted:
Amend the bill, as and if amended, Part IB, Section 18, Commission on Higher Education, page 457, lines 34, by inserting after line 33 a new proviso to read:
/18A. (CHE: Performance Funding) Funds appropriated in this bill or any other appropriations bill designated as performance funding shall be used to implement Act 359 of 1996. Of the performance indicators prescribed the following shall be used for FY 1997-98:
A. MISSION FOCUS
1. Approval of mission statement
a. The measure shall be the submission and approval of a mission statement that is in compliance with sector requirements specified in Act 359.
B. QUALITY OF FACULTY
1. Compensation of FACULTY
a. The measure shall be FACULTY salaries by rank, discipline, and type of institution compared to national average, aspirational peer group averages, or sector averages.
C. INSTRUCTIONAL QUALITY
1. Class size and student/teacher ratio
a. The measure shall be the average class size by sector, discipline, level, and mode of delivery compared to the average of aspirational peer groups and the ratio of full-time equivalent students to full-time equivalent teaching FACULTY compared to the average of aspirational peer groups or sector averages.
2. Credit hours taught by instructional staff
a. The measure shall be the average number of credit hours taught by full-time teaching faculty and full-time equivalent teaching faculty, by level and sector compared to aspirational peer groups or sector averages.
3. Program and degree accreditation
a. The measure shall be the number of programs listed in the Inventory of Academic Degree Programs holding accreditation from a recognized accrediting agency as a percent of the total number of programs listed in the Inventory of Academic Degree Programs for which accreditation is available.
4. Ratio of full-time faculty as compared to other full-time employees
a. The measure shall be the total number of all full-time faculty members paid from unrestricted Educational and General Funds as a percent of the total number of all full-time employees paid from unrestricted Educational and General Funds.
D. ADMINISTRATIVE EFFICIENCY
1. Percentage of administrative costs as compared to academic costs
a. The measure shall be academic costs as a percentage of total educational and general expenditures compared to administrative costs (institutional support) as a percentage of total educational and general expenditures.
2. Amount of general overhead costs
a. The measure shall be general overhead cost per full-time equivalent student.
E. ENTRANCE REQUIREMENTS
1. SAT and ACT scores
a. The measure shall be the scores of first-time entering freshmen.
2. SC residents a priority (under-graduate education)
a. The measure shall be based on the enrollment of in-state undergraduate students compared to total undergraduate students.
F. GRADUATES' ACHIEVEMENTS
1. Scores of graduates' on post-undergraduate professional, graduate, or employment-related examinations and certification tests
a. The measure shall be the percentage of total students taking certification examinations who pass the examination on the first attempt and, if data is available, the percentage of the total students who pass the examination on subsequent attempts.
G. USER-FRIENDLINESS OF INSTITUTION
1. Transferability of Credits
a. The measure shall be the extent to which criteria, established and approved by the Commission in consultation with the higher education community, are achieved by the institution.
2. Accessibility to the institution of all citizens of the State
a. The measure shall be the percent of other race undergraduate students enrolled, the total number of credit hours generated off-campus in counties where no comparable program is offered by a public institution, the total number of credit hours generated in-state through distance education.
H. RESEARCH FUNDING
1. Amount of public and private sector grants
a. The measure shall be the expenditure of the current fiscal year's public and private sector research grants, gifts and local support.
The methodology for the distribution of performance funding to the institutions shall be based on each institutions' achievement of a set of benchmarks which include both sector benchmarks and Institutional benchmarks. Sector benchmarks are to be developed by the Commission on Higher Education. Institutional benchmarks are to be developed, as part of a strategic plan, by each institution with consent of the Commission on Higher Education. This methodology is to take into consideration sector averages and institutional beginning averages in order for each institution to have the opportunity to move toward their institutional benchmark and their sector benchmark. 1997-98 data shall serve as the base-line for these indicators and the remaining indicators required for full implementation in fiscal year 1999-2000 as required by Act 359 of 1996./
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. 158A (3400R232.NGS), which was adopted:
Amend the bill, as and if amended, Part IB, Section 18A, Commission on Higher Education, page 457, Proviso 18A., line 34 by inserting an appropriately number proviso:
/18A. . (CHE: Palmetto Fellow Scholarships) This proviso is intended to provide direction to the Commission on Higher Education in developing the regulations for the Palmetto Fellows Scholarship program and to ensure that the intent of the General Assembly concerning these awards and the concerns raised in the public hearing on the awards process are addressed. These regulations must be developed and resubmitted for use in the 1997-98 academic year by CHE in concert with the standing subcommittees of the General Assembly to which the regulations were originally referred in time for the appropriate Committees to take immediate action upon the commencement of the 1998 Legislative session. Criteria may include, but are not limited to, academic achievement, contributions to school and/or community, and work experience. A nationally recognized organization should be used to assist in the development of an equitable rating instrument and methodology for scholarship awards. The minimum criteria necessary in order to apply for a Palmetto Fellow in 1997-98 shall be an SAT or equivalent ACT score of 1200, a GPA of 3.5 on a 4.0 scale and the top 5% of the class. An essay shall not be used as part of the application process./
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. 159 (SFC\VRC740), which was adopted:
Amend the bill, as and if amended, Part IB, Section 19, Department of Education, page 467, by adding an appropriately numbered proviso after line 34 to read:
( ) (Project Citizen) Of the funds appropriated to the Department, $9,100 shall be allocated to the Center for Civic Education for a civic education project for grades six through nine./
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
THE SENATE PROCEEDED TO A CONSIDERATION OF PART III.
Senator DRUMMOND proposed the following Amendment No. 18 (SFC\LB100), which was adopted:
Amend the bill, as and if amended, Part III, Section 2, page 592, item 29, by striking line(s) 14 and inserting:
/ (29) House of Representatives /.
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 PATTERSON proposed the following Amendment No. 107A (3400R233.KP), which was adopted:
Amend the bill, as and if amended, Part III, page 593, by striking line 27 and inserting the following:
/(c) Advertising/Marketing 253,678 /
Amend the bill further, Part III, page 594, by adding after line 20 the following:
/( ) Department of Education
C.R. Neal Learning Center 200,000 /
Amend sections, totals and title to conform.
Senator PATTERSON explained the amendment.
Senator PATTERSON moved that the amendment be adopted.
The amendment was adopted.
Senator JACKSON proposed the following Amendment No. 91A (SFC\VRC708), which was adopted:
Amend the bill, as and if amended, Part III, Section 2, Item 41 (c), page 593, by striking line(s) 27 and inserting:
(41.c) Advertising/Marketing 103,678/.
Amend the bill further, as and if amended, Part III, Section 2, page 594, by adding an appropriately numbered item and proviso to read:
( ) Department of Health and Environmental Control
Adolescent Pregnancy Prevention Councils 150,000
The Department of Health and Environmental Control shall collaborate with the Department of Social Services, the Department of Education, the Department of Health and Human Services, the S.C. Council on Adolescent Pregnancy Prevention, the March of Dimes, and the Perinatal Association to devise a statewide system to reduce adolescent pregnancy, premature births, and infant mortality and to develop guidelines for the implementation of local community based Adolescent Pregnancy Prevention Councils modeled after the York County model. Through collaboration, York County has reduced the number of teen pregnancies in that county by 41%.
Representatives from the above listed organizations shall annually review the activities of local Adolescent Pregnancy Prevention Councils and evaluate the performance of recipients. The S. C. Council on Adolescent Pregnancy Prevention will monitor the progress of funded Councils and provide training and technical assistance to said Councils.
Each Adolescent Pregnancy Prevention Council shall:
(1) comply with reporting, contracting, and evaluation requirements of the department;
(2) define, develop, and maintain cooperative ties with other community institutions;
(3) document sources of local financial support for match money;
(4) demonstrate the proven effectiveness of strategies to be used to reduce adolescent pregnancy with a primary focus on postponing the onset of sexual activity;
(5) show level of demonstrated community support, including endorsement from the appropriate local government entities and from community organizations that serve youth;
(6) show that citizens were given the opportunity for input. Documentation of support may include letters or statements of support from citizens or community organizations; and
(7) show clear demonstration of how a Council will coordinate, collaborate with, and utilize the resources of other community entities that have an interest in positive youth development and the reduction of high risk adolescent behavior.
Adolescent Pregnancy Prevention Councils will be eligible for state match money at a ratio of one dollar ($1.00) state to one and one-half dollars ($1.50) local not to exceed appropriated funds.
The maximum available per project per annum shall not exceed $75,000./
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 RANKIN proposed the following Amendment No. 146 (3400R346.LAR), which was tabled:
Amend the bill, as and if amended, Part III, page 593, by striking line 27, and inserting in lieu thereof the following:
/(c) Advertising/Marketing 151,635/
Amend the bill further, as and if amended, Part III, by adding an appropriately numbered new item to read:
/( ) Department of Parks, Recreation and Tourism
Community Recreation Special Tax
District/Socastee Park and Recreation Center 302,043/
Amend sections, totals and title to conform.
Senator RANKIN explained the amendment.
Senator LEVENTIS argued contra to the adoption of the amendment.
Senator RANKIN asked unanimous consent to amend the amendment.
Senator LEATHERMAN objected.
Senator LEVENTIS moved to lay the amendment on the table.
The amendment was laid on the table.
At 7:40 P.M., on motion of Senator DRUMMOND, the Senate receded from business not to exceed ten minutes.
At 7:50 P.M., the Senate resumed.
Senator PATTERSON proposed the following Amendment No. 108 (3400R217.KP), which was adopted:
Amend the bill, as and if amended, Part III, Department of Education, page 594, by striking line 5 in its entirety and inserting in lieu thereof the following:
/Challenger Learning Center 25,000/
Amend the bill further, as and if amended, Part III, page 594, line 21, by adding an appropriately numbered new item to read:
/( ) Parks, Recreation and Tourism
U.S. Youth Games 25,000/
Amend sections, totals and title to conform.
Senator PATTERSON explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Having voted on the prevailing side, Senator RANKIN moved to reconsider the vote whereby Amendment No. 3B, proposed by Senator PASSAILAIGUE (3400R426.ELP) was adopted.
Senator LAND spoke on the motion.
The motion to reconsider was adopted.
On motion of Senator LAND, with unanimous consent, Amendment No. 3C was substituted for Amendment No. 3B.
Senators LAND and RANKIN proposed the following Amendment No. 3C (3400R427.JCL), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72.76, page 546, lines 16 through 20 by striking Section 72.76 in its entirety and inserting in lieu thereof the following:
/(GP: Undesignated Surplus) Of the undesignated surplus for FY 1996-97 as determined by the Comptroller General at the closing of the FY 1996-97 accounting year, funds shall be transferred to Aid to Subdivisions-Comptroller General in the amounts of $21,140,848 for the Property Tax Relief Fund and $5,331,314 for the Manufacturer's Depreciation Reimbursement Fund. Of any additional undesignated surplus remaining, $8,000,000 shall be transferred to the Department of Corrections for prison operations. Any remaining undesignated surplus shall be transferred to the Infrastructure Bank of the South Carolina Department of Transportation./
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
The amendment was adopted.
Senator McGILL proposed the following Amendment No. 16 (SFC\701VRC), which was adopted:
Amend the bill, as and if amended, Part III, Section 2, page 594, by adding an appropriately numbered item to read:
/( ) Williamsburg County Arts Council 20,000/
Amend sections, totals and title to conform.
Senator McGILL explained the amendment.
Senator McGILL moved that the amendment be adopted.
The amendment was adopted.
Senators SALEEBY, ELLIOTT, FORD, GLOVER, GREGORY HOLLAND, HUTTO, JACKSON, LANDER, McGILL, MESCHER, ROSE, RYBERG, SHORT and WALDREP proposed the following Amendment No. 50A (3400I004), which was adopted:
Amend the bill further, as and if amended, Part III, Section 2, State Library, page 594, by inserting a new line after line 20 to read:
/State Library
Equipment (Photocopier) $6,500/
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 DRUMMOND asked unanimous consent that the staff of the Finance Committee be authorized to prepare the necessary balancing amendments to be delivered to and certified by the Clerk along with any amendments necessary to effect technical corrections and that such amendments would be adopted, the Committee Report would be adopted as amended, and the Bill would be given a third reading.
There was no objection.
Senator DRUMMOND proposed the following Amendment No. 161 (SFC\LB199), which was adopted:
Amend the bill, as and if amended, Part IA, Section 71, Revenue, page 421, line MOTOR VEHICLE LICENSES (TOTAL) by:
COLUMN COLUMN 3
/STRIKING: 107,841,210
() ()
INSERTING: 107,966,110
() ()/
Amend sections, totals and title to conform.
The amendment was adopted.
There being no further amendments, the Report of the Committee on Finance was adopted, as amended.
On motion of Senator DRUMMOND, with unanimous consent, the Bill was read the third time and ordered returned to the House with amendments.
On motion of Senator McGILL, with unanimous consent, Senators REESE, ROSE, COURTNEY and SALEEBY desired to be recorded as voting in favor of the third reading of the Bill.
Senator DRUMMOND moved that when the Senate adjourns on Friday, May 9, 1997, it stand adjourned to meet next Tuesday, May 13, 1997, at 12:00 Noon, which motion was adopted.
At 8:08 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
This web page was last updated on Monday, June 29, 2009 at 10:47 A.M.