Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 9:30 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the words recorded by St. John in his Gospel, Chapter 6 (v. 68):
"Simon Peter answered Him,
'Lord to whom can we go?
You have the words of eternal life'!"
Let us pray.
God of our fathers, of whom the whole family in heaven and earth is named: You have gathered us from the corners of our State and committed us to high purposes and great responsibility.
In a day when mankind seems sinking deeper and deeper into the quagmire of its own selfishness and cynicism, help us to hear anew... and believe sincerely the words of St. John... and pray the words of Harriet Beecher Stowe,
"Abide in me, ... There have been moments pure
When I have seen Thy face and felt Thy power;
Then evil lost its grasp, and passion hushed,
Owned the divine enchantment of the hour."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
At 1:25 P.M., Senator O'DELL requested a leave of absence from 4:00 - 11:00 P.M.
At 1:30 P.M., Senator J. VERNE SMITH requested a leave of absence from 8:00 - 9:00 P.M.
On motion of Senator GLOVER, at 5:55 P.M., Senator FORD was granted a leave of absence until 11:00 P.M.
At 12:58 P.M., Senator DRUMMOND asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 12:30 P.M. on Tuesday, May 12, 1998.
There was no objection and a message was sent to the House accordingly.
Senator RAVENEL rose to a Point of Personal Privilege.
Senator MOORE rose to a Point of Personal Privilege.
Senator McCONNELL rose to a Point of Personal Privilege.
Senator GIESE rose to a Point of Personal Privilege.
Senator BRANTON rose to a Point of Personal Privilege.
The following was received:
Document No. 2275
Promulgated by Department of Labor, Licensing and Regulation - Real Estate Commission
Chapter Revision
Received by Lt. Governor March 4, 1998
Referred to Senate Committee on Labor, Commerce and Industry
Withdrawn May 5, 1998
The following were received:
Document No. 2243
Promulgated by Institute of Archaeology and Anthropology
Adjudication Rules
Received by Lt. Governor January 6, 1998
Referred to Senate Committee on Judiciary
120 day review expiration date (revised) May 27, 1998
Withdrawn and resubmitted May 7, 1998
Document No. 2277
Promulgated by Department of Labor, Licensing and Regulation - Manufactured Housing Board
Manufactured Housing
Received by Lt. Governor January 29, 1998
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date (revised) June 2, 1998
Withdrawn and resubmitted May 5, 1998
Document No. 2282
Promulgated by Department of Labor, Licensing and Regulation - Building Code Council
Definitions; Registration Required; Classifications Requiring Registration; Maximum time for Registration; Application Required; Qualifications for Certification; Exemptions; Registration Renewal; Fees; Continuing Education; Powers of Council; Conflict of Interest; Denial, Suspension and Revocation; Preferring of Charges and Hearing; Appeal from Action of Council; Registration Reinstatement and Replacement; Penalties; Injunction
Received by Lt. Governor February 3, 1998
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date (revised) June 7, 1998
Withdrawn and resubmitted May 5, 1998
Document No. 2284
Promulgated by Department of Labor, Licensing and Regulation - Massage/Bodywork Therapy
Received by Lt. Governor February 4, 1998
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date (revised) June 14, 1998
Withdrawn and resubmitted May 5, 1998
H. 3826 -- Reps. J. Smith, Pinckney, Cromer and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-25 SO AS TO REQUIRE APPROPRIATIONS BY THE GENERAL ASSEMBLY TO VETERANS' ORGANIZATIONS TO INCLUDE AN APPROPRIATION IN A LIKE AMOUNT AND UNDER THE SAME TERMS AND CONDITIONS TO THE VIETNAM VETERANS OF AMERICA, INC., AND TO REQUIRE THIS APPROPRIATION TO BE IN ADDITION TO FUNDS PREVIOUSLY APPROPRIATED FOR VETERANS' ORGANIZATIONS.
Senator DRUMMOND asked unanimous consent to make a motion to recall the Bill from the General Committee.
There was no objection.
Senator DRUMMOND asked unanimous consent to commit the Bill to the Committee on Finance.
There was no objection.
H. 3985 -- Reps. Seithel, Allison, Spearman, Meacham, Altman, Mason, Fleming, Campsen, Lee, Rodgers, Neilson, Cobb-Hunter, Byrd, Cato, Hinson, Simrill, Loftis, Mullen, Miller, Moody-Lawrence, Limehouse, Gamble and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE OMNIBUS HEALTH BENEFITS AND EDUCATION ACT OF 1997 BY ADDING SECTION 38-33-325 SO AS TO REQUIRE HEALTH BENEFIT PLANS TO ALLOW FEMALE PARTICIPANTS DIRECT ACCESS, WITHOUT REFERRAL, TO OBSTETRICAL AND GYNECOLOGICAL HEALTH CARE SERVICES WITHIN THE PLAN BENEFITS AND TO REQUIRE THE PLAN TO INFORM FEMALE PARTICIPANTS IN WRITING OF THIS REQUIREMENT; BY ADDING SECTION 38-71-125 SO AS TO REQUIRE THAT INDIVIDUAL AND GROUP HEALTH INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS PROVIDING FOR HOSPITALIZATION FOR MASTECTOMIES TO PROVIDE HOSPITALIZATION FOR AT LEAST FORTY-EIGHT HOURS IF CONSIDERED MEDICALLY NECESSARY BY THE ATTENDING PHYSICIAN AND PROVIDE FOR RELATED MATTERS; BY ADDING SECTION 38-71-145 SO AS TO REQUIRE AN INSURER TO INCLUDE COVERAGE FOR MAMMOGRAMS, PAP SMEARS, PROSTATE CANCER EXAMINATIONS, SCREENING, AND DIAGNOSTIC LABORATORY WORK; BY ADDING SECTION 38-71-225 SO AS TO REQUIRE INDIVIDUAL OR GROUP ACCIDENT AND HEALTH OR HEALTH INSURANCE POLICIES TO INCLUDE COVERAGE FOR BONE MASS MEASUREMENT FOR THE PREVENTION, DIAGNOSIS, AND TREATMENT OF OSTEOPOROSIS; BY ADDING SECTION 44-1-280 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP AND IMPLEMENT A HEART DISEASE EDUCATION AND PREVENTION PROGRAM; AND BY ADDING CHAPTER 125 TO TITLE 44 SO AS TO ESTABLISH THE OSTEOPOROSIS EDUCATION FUND TO BE ADMINISTERED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE FOR THE PURPOSE OF THE FUND AND THE DEPARTMENT'S RESPONSIBILITIES IN CARRYING OUT THE PURPOSE OF THE FUND.
Senator SALEEBY asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.
There was no objection.
On motion of Senator SALEEBY, with unanimous consent, the Bill was ordered placed on the Calendar.
The following was introduced:
S. 1230 -- Senator Washington: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE DR. FRANKLIN H. JOHNSON, PASTOR OF WESLEY UNITED METHODIST CHURCH ON JOHNS ISLAND, FOR HIS THIRTY-FIVE YEARS OF SERVICE AS A UNITED METHODIST PASTOR THROUGHOUT THE STATE OF SOUTH CAROLINA, AND TO WISH HIM AND HIS FAMILY THE VERY BEST UPON HIS RETIREMENT.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 4902 -- Reps. Robinson, Boan and D. Smith: A BILL TO AMEND SECTION 33-44-801, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EVENTS CAUSING DISSOLUTION AND WINDING UP OF A LIMITED LIABILITY COMPANY'S BUSINESS, SO AS TO DELETE DISASSOCIATION OF A MEMBER AS A DISSOLVING EVENT AND TO DELETE REFERENCE TO FUTURE DISTRIBUTIONS; TO AMEND SECTION 33-44-103, RELATING TO AN OPERATING AGREEMENT AMONG MEMBERS OF A LIMITED LIABILITY COMPANY, SECTION 33-44-404, RELATING TO MANAGEMENT OF A LIMITED LIABILITY COMPANY, SECTION 33-44-503, RELATING TO RIGHTS OF THE TRANSFEREE OF AN INTEREST IN A LIMITED LIABILITY COMPANY, SECTION 33-44-603, RELATING TO THE EFFECT OF THE DISASSOCIATION OF A MEMBER OF A LIMITED LIABILITY COMPANY, AND SECTION 33-44-701, RELATING TO THE PURCHASE OF A DISTRIBUTIONAL INTEREST BY A LIMITED LIABILITY COMPANY, ALL SO AS TO REFLECT THE DELETION OF DISASSOCIATION OF A MEMBER OF A LIMITED LIABILITY COMPANY AS A DISSOLVING EVENT.
Read the first time and referred to the Committee on Judiciary.
H. 4983 -- Rep. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-722 SO AS TO MAKE IT UNLAWFUL TO FILE A FALSE POLICE REPORT, TO PROVIDE PENALTIES, AND TO AUTHORIZE THE COURT TO REQUIRE RESTITUTION TO BE PAID TO THE INVESTIGATING AGENCY FOR COSTS INCURRED IN THE INVESTIGATION.
Read the first time and referred to the Committee on Judiciary.
H. 5007 -- Reps. Wilkins and Klauber: A BILL TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM BANKRUPTCY PROCEEDINGS OR ATTACHMENT, LEVY, AND SALE, SO AS TO EXEMPT INDIVIDUAL RETIREMENT ACCOUNTS, INDIVIDUAL RETIREMENT ANNUITIES, AND INDIVIDUAL RETIREMENT TRUSTS.
Read the first time and referred to the Committee on Judiciary.
H. 5108 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF EXAMINERS IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY, RELATING TO GENERAL LICENSING PROVISIONS; PATHOLOGY ASSISTANTS; SUPERVISED PROFESSIONAL EMPLOYMENT; AUDIOLOGY LICENSE-HEARING AID DISPENSING; CONTINUING EDUCATION, CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2270, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.
H. 5116 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING THE LAURENCE MANNING ACADEMY SWAMPCATS VARSITY GIRLS BASKETBALL TEAM OF CLARENDON COUNTY ON WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOLS ATHLETIC ASSOCIATION (SCISAA) DIVISION AAA STATE BASKETBALL CROWN FOR 1997.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5121 -- Reps. Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF DEACON ISSIAH ROSS, SR., OF VIENNA, GEORGIA, AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5122 -- Reps. Cotty, Harrison and McMaster: A CONCURRENT RESOLUTION CONGRATULATING DR. LEONE CASTLES ROCHELLE OF RICHLAND COUNTY ON RECEIVING THE 1998 "AWARD FOR EXCELLENCE IN SECONDARY SCHOOL SCIENCE OR MATHEMATICS TEACHING" FROM THE SOUTH CAROLINA ACADEMY OF SCIENCE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5123 -- Reps. Townsend, Barrett, Byrd, J. Hines, Hinson, Leach, Littlejohn, Loftis, Martin, McMahand, Moody-Lawrence, Neal, Rodgers, Stille, Stuart, Walker, Woodrum, Allison, Altman, Askins, Bailey, Barfield, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, M. Hines, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limehouse, Lloyd, Mack, Maddox, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMaster, Meacham, Miller, Mullen, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stoddard, Tripp, Trotter, Vaughn, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE EUGENE C. STODDARD OF LAURENS COUNTY FOR HIS TRULY OUTSTANDING SERVICE IN THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND WISHING HIM MUCH HAPPINESS AND THE VERY BEST IN ALL HIS FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5124 -- Reps. Wilkins, Haskins, Harrison, Cato, H. Brown, Townsend, J. Brown, Sharpe and D. Smith: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, MAY 21, 1998, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, JUNE 2, 1998, AND TO CONTINUE IF NECESSARY UNTIL THURSDAY, JUNE 4, 1998, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS ON THURSDAY, JUNE 4, 1998, NOT LATER THAN 5:00 P.M., THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Introduced and referred to the Chairmen's Committee.
H. 5126 -- Reps. Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING NANCY MICKENS GREEN OF COLUMBIA, ON THE OCCASION OF MOTHER'S DAY, FOR HER EXCEPTIONAL DEVOTION TO HER FAMILY, FRIENDS, AND CHURCH.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from BMW Manufacturing Corporation to attend a luncheon on the Capitol Complex Grounds on Tuesday, May 12, 1998, upon adjournment and lasting until 2:00 P.M.
Courson Wilson Matthews Patterson Russell Passailaigue McGill Washington Reese
O'Dell
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Midlands Marine Institute to attend a legislative reception at 1881 Shivers Road (on DJJ property off Broad River Road) on Tuesday, May 12, 1998, from 6:30 - 9:00 P.M. Transportation will be provided to and from upon request.
Courson Wilson Matthews Patterson Russell Passailaigue McGill Washington Reese
O'Dell
S. 1224 -- Senators Wilson, Setzler, Ryberg, Lander and Courson: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO GARY TAYLOR OF LEXINGTON ON HIS ELECTION AS 1998 RURITAN NATIONAL PRESIDENT.
Returned with concurrence.
Received as information.
S. 1225 -- Senators Drummond, Alexander, Anderson, Branton, Bryan, Cork, Courson, Courtney, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO HENRY J. CAUTHEN FOR OVER THIRTY YEARS OF DEDICATED AND DEVOTED SERVICE AS PRESIDENT OF SOUTH CAROLINA EDUCATIONAL TELEVISION, UPON THE OCCASION OF HIS RETIREMENT.
Returned with concurrence.
Received as information.
S. 1229 -- Senators Martin, Alexander, Anderson, Branton, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE EARLE E. MORRIS, JR., A NATIVE SON OF PICKENS COUNTY, FOR FOUR DECADES OF OUTSTANDING LEADERSHIP AND PUBLIC SERVICE TO THE STATE OF SOUTH CAROLINA AS A MEMBER OF THE HOUSE OF REPRESENTATIVES, A MEMBER OF THE SENATE, LIEUTENANT GOVERNOR, AND COMPTROLLER GENERAL, AND EXTENDING HIM BEST WISHES UPON THE OCCASION OF HIS RETIREMENT.
Returned with concurrence.
Received as information.
Columbia, S.C., May 6, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4686 -- Rep. Stoddard: A BILL TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO CHANGE THE NAME OF WOODVILLE PRECINCT TO GREENPOND PRECINCT AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 6, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 5072 -- Reps. Harrison and Knotts: A JOINT RESOLUTION AUTHORIZING THE OFFICE OF INDIGENT DEFENSE FOR FISCAL YEAR 1997-98 ONLY TO USE UP TO FIVE HUNDRED THOUSAND DOLLARS OF THE DEATH PENALTY TRIAL FUND TO PAY FEES AND EXPENSES OF PRIVATE COUNSEL APPOINTED IN NONCAPITAL CASES IF THE CONFLICT FUND IS EXHAUSTED.
and has ordered the Joint Resolution Enrolled for Ratification.
Very respectfully,
Speaker of the House
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. 5029 -- Reps. McGee, J. Hines, McKay and M. Hines: A BILL TO CREATE THE FLORENCE COURT LIBRARY COMMISSION FOR THE PURPOSE OF ESTABLISHING AND OPERATING A LAW LIBRARY IN FLORENCE COUNTY; TO PROVIDE FOR ITS POWERS AND DUTIES; TO INCREASE THE AMOUNT OF COURT COSTS ASSESSED FLORENCE COUNTY CRIMINAL BOND FORFEITURES AND FINES FOR THE SUPPORT OF THE LIBRARY AND TO PROVIDE FOR THE DEPOSIT AND DISBURSEMENT OF FUNDS.
(By prior motion of Senator LEATHERMAN)
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF H. 4700, THE GENERAL APPROPRIATION BILL.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator McCONNELL made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator McCONNELL moved that a Call of the Senate be made. The following Senators answered the call:
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Grooms Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
A quorum being present, the Senate resumed.
Senators RUSSELL and GREGORY recorded their presence subsequent to the Call of the Senate.
Senator McCONNELL proposed the following Amendment No. 112 (SFC\009.RDY), which was adopted:
Amend the bill, as and if amended, Part IA, Section 5KA, University of South Carolina, page 69, beginning after line 23, by adding:
COLUMN 7 COLUMN 8
/ Institute of Archaeology and
Anthropology 28,200 28,200
- Ground Penetrating Device/
Amend sections, totals and title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
Senators LEVENTIS and HUTTO proposed the following Amendment No. 111A (ED\SBD\SD12), which was adopted:
Amend the bill, as and if amended, Part IB, Section 5A, Commission on Higher Education, page 412, Proviso 5A.22, lines 10 through 10, by adding:
/For high schools having a class size of less than 40, the 2 students with the highest GPA in their junior year, who meet all other requirements, may apply for a Palmetto Fellow Scholarship. The student with the second highest GPA is to receive 15 points for the class rank portion of the selection process./
Amend sections, totals and title to conform.
Senator LEVENTIS explained the amendment.
Senator SETZLER spoke on the amendment.
The amendment was adopted.
Senator DRUMMOND spoke on the Bill.
Senator PASSAILAIGUE spoke on the Bill.
Having voted on the prevailing side, Senator PASSAILAIGUE asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 53 (4700R216.ELP, proposed by Senator PASSAILAIGUE) and Amendment No. 54 (4700R214.ELP, proposed by Senators PASSAILAIGUE and FORD) were previously adopted.
Senator BRYAN objected.
Senator BRYAN spoke on the Bill.
Senator BRYAN withdrew the objection.
The question then was the unanimous consent request to make a motion to reconsider the vote whereby Amendment No. 53 and Amendment No. 54 were previously adopted.
Senator JACKSON objected.
Senator JACKSON spoke on the Bill.
Senator J. VERNE SMITH spoke on the Bill.
Senator ELLIOTT spoke on the Bill.
Senator MATTHEWS spoke on the Bill.
Senator WASHINGTON spoke on the Bill.
Senator PATTERSON spoke on the Bill.
Senator DRUMMOND spoke on the Bill.
H. 4947 -- Reps.Pinckney, Mullen and Rodgers: A BILL TO AMEND CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-143 SO AS TO CREATE A NO-WAKE ZONE ON A CERTAIN PORTION OF THE LITTLE CHECHESSEE CREEK IN BEAUFORT COUNTY.
Senator PEELER asked unanimous consent to make a motion to recall the Bill from the Committee on Fish, Game and Forestry.
Senator CORK objected.
Senator SETZLER made the point that a quorum was not present. It was ascertained that a quorum was present.
Senators LAND and PASSAILAIGUE proposed the following Amendment No. 122 (TRANS\4700T007.JCL), which was adopted:
Amend the bill, as and if amended, Part IB, Section 5N, TECHNICAL AND COMPREHENSIVE EDUCATION BOARD, page 415, Proviso 5N.NEW, line 26, by adding an appropriately numbered proviso to read:
/5N.NEW (TEC: Professionally licensed training) No state funds, appropriated pursuant to this section, may be used to offer new courses for preparing students to stand a state professional licensing examination for Cosmetology in order that they be professionally licensed under the licensing requirements administered by the Department of Labor, Licensing or Regulation, in a county where there is available two (2) or more public and/or private funded schools offering such training./
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
The amendment was adopted.
Senator J. VERNE SMITH proposed the following Amendment No. 121 (SFC\015.BBH), which was adopted:
Amend the bill, as and if amended, Part IB, Section 9, Department of Health and Environmental Control, page 427, Proviso 9.20, lines 17 through 29, by striking the proviso in its entirety.
Amend sections, totals and title to conform.
Senator J. VERNE SMITH explained the amendment.
Senator J. VERNE SMITH moved that the amendment be adopted.
The amendment was adopted.
Senators PATTERSON and MATTHEWS proposed the following Amendment No. 98 (SFC\915.DGJ), which was adopted:
Amend the bill, as and if amended, Part IB, Section 13, Department of Social Services, page 438, lines 3 through , by adding:
/The Department shall allocate $200,000 to the C.R. Neal Learning Center located in Richland County./
Amend sections, totals and title to conform.
Senator J. VERNE SMITH explained the amendment.
Senator J. VERNE SMITH moved that the amendment be adopted.
The amendment was adopted.
Senators MATTHEWS and HUTTO proposed the following Amendment No. 57 (SFC\907.DGJ), which was adopted:
Amend the bill, as and if amended, Part IB, Section 27, Department of Commerce, page 448, line 29, by adding:
/From the amount set aside in 12-27-1270, the Council shall transfer $987,000 to the Orangeburg County Industrial Park for infrastructure improvements./
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 J. VERNE SMITH proposed the following Amendment No. 120 (SFC\014.BBH), which was adopted:
Amend the bill, as and if amended, Part IB, Section 44, State Accident Fund, page 459, line 33, by inserting proviso 44.4 to read:
/44.4. (SAF: Purchase of Annuity) From the funds in the Workers' Compensation Trust Fund, the State Accident Fund shall purchase an annuity for the purpose of funding the future obligation for workers compensation claims filed prior to restructuring by Department of Highways and Public Transportation employees./
Amend sections, totals and title to conform.
Senator J. VERNE SMITH explained the amendment.
Senator LAND spoke on the amendment.
The amendment was adopted.
Senator MARTIN assumed the Chair at 11:17 A.M.
Senators MATTHEWS and HUTTO proposed the following Amendment No. 126 (SFC\921.DGJ), which was adopted:
Amend the bill, as and if amended, Part IB, Section 62, State Election Commission, page 479, Proviso 62.7, lines 31, by adding the following language:
/Of the funds carried forward by the agency, $280,000 must be allocated to Orangeburg County as the county's state match for purchasing an automated voting system./
Amend sections, totals and title to conform.
Senators HUTTO and MATTHEWS explained the amendment.
Senator MATTHEWS moved that the amendment be adopted.
The amendment was adopted.
Senator GROOMS proposed the following Amendment No. 108 (4700R227.LKG), which was adopted:
Amend the bill, as and if amended, Part IB, Section 62, page 480, by adding after line 10 a new paragraph to be appropriately numbered to read:
/62. (ELECT: Advisory Referendum) The Commission shall cause to be included on the 1998 general election ballot an advisory question to read as follows: "Should all public schools in South Carolina begin each day with a student led prayer?" The Commission shall provide an appropriate ballot form for a qualified election to mark an answer as either "yes" or "no". The election law of this State applies to this referendum, mutatis mutandis./
Amend sections, totals and title to conform.
Senator GROOMS explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
A roll call vote was requested.
Having failed to receive the necessary seconds, the Senate proceeded to a division vote.
A division vote was taken.
By a vote of 7-11, the Senate refused to lay the amendment on the table.
The question then was the adoption of the amendment.
The amendment was adopted.
Senator GROOMS proposed the following Amendment No. 109 (4700R229.LKG), which was carried over and later withdrawn:
Amend the bill, as and if amended, Part IB, Section 62, page 480, by adding after line 10 a new paragraph to be appropriately numbered to read:
/62.____ (ELECT: Advisory Referendum) The Commission shall cause to be included on the 1998 general election ballot an advisory question to read as follows: "Should a voucher system be created to allow parents, not the government, decide what schools children should attend?" The Commission shall provide an appropriate ballot form for a qualified election to mark an answer as either "yes" or "no". The election law of this State applies to this referendum, mutatis mutandis./
Amend sections, totals and title to conform.
Senator GROOMS explained the amendment.
At 11:50 A.M., with Senator GROOMS retaining the floor, on motion of Senator MOORE, with unanimous consent, the Senate receded from business not to exceed fifteen minutes.
At 12:07 P.M., the Senate resumed.
Senator GROOMS continued explaining the amendment.
The PRESIDENT assumed the Chair at 12:10 P.M.
Senator GROOMS continued explaining the amendment.
Senator DRUMMOND moved to carry over the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Bryan Cork Courtney Drummond Elliott Ford Glover Holland Hutto Jackson Land Lander Leventis Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Rankin Ravenel Saleeby Setzler Short Smith, J. Verne Washington
Alexander Branton Courson Fair Giese Grooms Hayes Leatherman Martin Mescher Peeler Russell Ryberg Thomas Waldrep Wilson
The amendment was carried over and later withdrawn.
Senator RYBERG proposed the following Amendment No. 135 (KGH\15640HTC.98), which was carried over and later withdrawn:
Amend the bill, as and if amended, by Part IB, Section 62, Page 480, by adding after line 10 a new paragraph to be appropriately numbered to read:
/62.___ (ELECT: Advisory Referendum) The commission shall cause to be included on the 1998 general election ballot an advisory question to read as follows: "Do you favor replacing the current graduated six rates of the state individual income tax with one flat rate?" The commission shall provide an appropriate ballot form for a qualified election to mark an answer as either "yes" or "no". The election law of this State applies to this referendum, mutatis mutandis./
Renumber sections to conform.
Amend totals and title to conform.
Senator RYBERG explained the amendment.
Senator RYBERG moved that the amendment be adopted.
Senator MOORE moved that the amendment be carried over.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryan Cork Courtney Drummond Elliott Ford Glover Holland Hutto Jackson Land Lander Leventis Martin Matthews McConnell McGill Moore Passailaigue Patterson Rankin Ravenel Saleeby Setzler Short Smith, J. Verne Waldrep Washington
Branton Courson Fair Giese Gregory Grooms Hayes Leatherman Mescher Peeler Reese Russell Ryberg Thomas Wilson
The amendment was carried over and later withdrawn.
Senator DRUMMOND moved to carry over Section 62 of Part I of the General Appropriation Bill.
Senator LEATHERMAN raised a Point of Order that the motion was out of order inasmuch as there were further amendments to this section on the desk and the section could not be carried over without asking unanimous consent.
Senator McCONNELL raised a Point of Order that the Point of Order raised by Senator LEATHERMAN was out of order inasmuch as the motion to carry over was a higher motion than the motion to amend.
Senator THOMAS spoke on the Point of Order.
The PRESIDENT sustained the Point of Order raised by Senator McCONNELL.
The question then was the motion to carry over Part I, Section 62.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryan Cork Courtney Drummond Elliott Ford Glover Holland Hutto Jackson Land Lander Leventis Martin Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Rankin Ravenel Reese Setzler Short Smith, J. Verne Washington
Branton Courson Fair Giese Gregory Grooms Hayes Leatherman Mescher Peeler Russell Ryberg Thomas Waldrep Wilson
Consideration of Part I, Section 62, was carried over.
Senator DRUMMOND proposed the following Amendment No. 14A (SFC\001.RDY), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63A, Budget and Control Board -- Division of the Director, page 481, Proviso 63A.5, on line 30 , by inserting after the word, "position.", a new paragraph:
/Further, it is the intent of the General Assembly to address the issue of century date compliance on a statewide basis to ensure the integrity of the state's information technology platforms and all of their associated data and operations into and beyond the year 2000. The Executive Director of the Budget and Control Board is directed to coordinate the assessment of century date compliance across state agencies, and to develop a plan of action to ensure that all elements of state government are in full century date compliance. All agencies are hereby directed to cooperate with all requests relating to the development of this assessment and plan. As part of the effort, the Board may enter any contractual arrangements it may deem appropriate for the purposes of determining the scope of the "Year 2000 Date Change" problem at the state level. The Board will provide an initial report as to the status of this undertaking and any proposed legislative action to the Senate Finance and Ways and Means Committees no later than January 15, 1999. Nothing herein will be construed as precluding any government agency or unit from proceeding with its own approach to Year 2000 date compliance./
Amend sections, totals and title to conform.
Senator DRUMMOND explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senators LAND, MOORE and MARTIN proposed the following Amendment No. 113 (4700T005.JCL), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63F, Budget and Control Board, Retirement Division, page 490, Proviso 63F.NEW, by adding on line 31 an appropriately numbered proviso to read:
/63F.NEW (BCB/RET: Equity Investing) In addition to the funds authorized herein, the Budget and Control Board, Retirement Division is also authorized to expend a reasonable amount of funds for the purpose of implementing the provisions of S.958 of 1998, also referred to as the Equity Investing Act. The Division is also charged with consulting with the Retirement System Investment Panel as it creates the Retirement Systems investment plan./
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 PASSAILAIGUE proposed the following Amendment No. 131 (4700R318.ELP), which was adopted:
Amend the bill, as and if amended, Part 1B, Section 72, by adding an appropriately numbered new proviso to read:
/72. . (GP: Performance Audit Steering Committee) Notwithstanding the provisions of Part VI, Section 2 of Act 458 of 1996, the existence of the Performance Audit Steering Committee and the completion date of its audit report is extended through December 31, 1999./
Amend sections, totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
The amendment was adopted.
Senator FAIR proposed the following Amendment No. 133 (PT\1943AC.98), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, by adding an appropriately numbered paragraph to read:
/Section 72._____ (GP: Parental Notification Required for Contraceptives for Minors Under Age Sixteen) Notwithstanding any other provision of law, parental notification is required when contraceptives are prescribed or provided to a minor fifteen years of age or younger./
Renumber sections to conform.
Amend totals and title to conform.
Senator FAIR explained the amendment.
Senator SHORT argued contra to the adoption of the amendment.
Senator HUTTO raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senators THOMAS and BRYAN spoke on the Point of Order.
Senator FAIR asked unanimous consent to make a motion to perfect the amendment.
Senator HUTTO objected.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senators McCONNELL, PASSAILAIGUE, RAVENEL, BRANTON, MESCHER, FORD, WASHINGTON, RANKIN and GROOMS proposed the following Amendment No. 150 (SFC\017.BBH), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 518, lines 15, by inserting a new proviso to read:
/72. . (GP: Patriot's Point Leases) The State Budget and Control Board shall not give consent to the transfer of any leases at Patriot's Point until the board makes a report to the General Assembly and the General Assembly approves the transfer by concurrent resolution with all sums collected in consideration of the transfer being placed in an account with the State Treasurer and be expended by the Authority on the development, maintenance, and repairs of the vessels, piers, parking areas, public areas, exhibits, and buildings for the naval museum complex./
Amend sections, totals and title to conform.
Senator McCONNELL explained the amendment.
Senator McCONNELL moved that the amendment be adopted.
The amendment was adopted.
Senator THOMAS proposed the following Amendment No. 152 (4700T007.DT), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 517, Proviso 72.82, lines 8 through 16, by striking 72.82 and inserting:
/72.82. (GP: Victim/Witness Personnel Study) The Attorney General's Office is directed to coordinate a panel to study the feasibility of establishing a central authority for victim assistance services, restitution and fine collection processes statewide. The study shall include, but not be limited to, the provisions of Act 141 of 1997, the types of assistance rendered as well as a review of the existing number, type of personnel providing such services, and a review of all entities receiving earmarked revenues for victim/witness services on federal, state and local levels. The panel shall consist of the members of the Governor's Advisory Victim Services Coordinating Committee and designees of the S.C. Commission on Indigent Defense, S.C. Department of Mental Health, S.C. Department of Disabilities and Special Needs, the S.C. Clerks of Court Association and Justice Fellowship. The initial meeting shall occur by August 1, 1998. The Attorney General's Office shall submit a report to the Governor, the Chairman of the Senate Finance Committee and the Chairman of the House Ways & Means Committee by January 1, 1999./
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
The amendment was adopted.
Senator LANDER raised a Point of Order that Part I, Section 72.94 was out of order inasmuch as it was not germane.
Senator LANDER spoke on the Point of Order.
Senators LAND, LEATHERMAN and BRYAN spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator LANDER raised a Point of Order that to adopt Part I, Section 72.94 of the General Appropriation Bill a two-thirds vote would be required under the provisions of Section 4-9-55(b).
Senators LANDER, LAND, BRYAN and LEATHERMAN spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator SHORT proposed the following Amendment No. 80 (ED\4700.E1), which was adopted:
Amend the bill, as and if amended, Part II, SECTION 3, page 541, lines 7 through 24, by striking part N in its entirety and inserting:
/N. Title 59, Chapter 63 of the 1976 Code is amended by adding:
"Section 59-63-65 School districts which choose to reduce class size to fifteen to one in full-day kindergarten programs and in grades one through three shall be eligible for funding for the reduced pupil-teacher ratios from funds provided by the General Assembly for this purpose. Local match is required for the lower ratio funding based on the Education Finance Act formula. Boards of trustees of each school district may implement the lower pupil-teacher ratios on a school by school basis.
Funding for the lower pupil ratios shall be provided as follows:
(1) beginning with school year 1998-99, for kindergarten;
(2) beginning with school year 1999-2000, for grade one;
(3) beginning with school year 2000-2001, for grade two;
(4) beginning with school year 2001-2002, for grade three.
The pupil-teacher ratio in this section shall be based on average daily membership in each grade; however, it is the intent of the General Assembly that this ratio be implemented as much as possible on a school and class basis. District boards of trustees implementing the reduced ratios on a school by school basis shall establish policies to give priority to reduce the ratios in schools with the highest number of students eligible for the federal free and reduced lunch program, and these students shall be given priority in implementing the reduced class size. Unobligated funds from state appropriations which become available to a district during a fiscal year shall be redistributed to fund additional teachers on a prorated basis.
School districts which are certified by the State Board of Education as unable to implement the reduced class size due to the lack of available facilities shall be eligible for funding for an aide for classes in kindergarten through grade three in which the pupil-teacher ratio exceeds twenty-two pupils in average daily membership. Funding for aides will be available only for school years 1998-99 and 1999-2000 on the same basis as that for the reduced ratio. School district boards of trustees choosing to implement the use of aides must provide an on-going program of staff development for the aides. State funds for classroom aides must be used to supplement existing aides and may not supplant current local support for aides.
As used in this section, 'teacher' refers to an employee possessing a professional certificate issued by the State Department of Education whose full time responsibility is instruction of students."/
Amend sections, totals and title to conform.
Senator SHORT explained the amendment.
The amendment was adopted.
Senators J. VERNE SMITH, PASSAILAIGUE, THOMAS, FAIR and BRYAN proposed the following Amendment No. 101A (ED\SBD\SD10), which was adopted:
Amend the bill, as and if amended, Part II, Section 13, , page 553, by striking lines 8 through 9 and inserting:
/'Institution of higher learning' means a public or independent bachelor's level institution chartered before 1962 whose major campus and headquarters are located within South Carolina; or an independent bachelor's level institution which has attained 501(C)3 tax status and is accredited by the Southern Association of Colleges and Secondary Schools or the New England Association of Colleges and Schools; or a public or independent two-year institution which has attained 501(C)3 tax status. Institutions whose sole purpose is religious or theological training, or the granting of professional degrees do not meet the definition of 'Institution of higher learning' as defined in this section./
Amend section, 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 MARTIN assumed the Chair at 2:17 P.M.
Senator LEVENTIS proposed the following Amendment No. 17 (SFC\904.DGJ), which was adopted:
Amend the bill, as and if amended, Part II, Section 16, , page 555, lines 8 through 30, by striking the proviso in its entirety.
Amend sections, totals and title to conform.
Senator LEVENTIS explained the amendment.
Senator HOLLAND moved that the amendment be adopted.
The amendment was adopted.
Senator HOLLAND proposed the following Amendment No. 35 (JIC\5601HTC.98), which was adopted:
Amend the bill, as and if amended, Part II, SECTION 28, page 559, by inserting after line 16:
/D. Section 9-1-1710(2) of the 1976 Code, as last amended by Act 166 of 1993, is further amended to read:
"(2) On or after July 1, 1975, any A member may elect to become entitled to creditable service on account of his out-of-state service by making a special lump-sum contribution equal to ten percent and effective July 1, 1994, twelve percent of his annual earnable compensation at the time of payment for each year of out-of-state service and a proportionate part thereof for a fraction of a year, provided that the earnable compensation used as a basis for the special lump-sum contribution must not be less than his earnable compensation in any one of the three preceding fiscal years. A member who elects to receive creditable service for out-of-state service may establish a portion of the service on a one-time basis except the balance may be established in accordance with Section 9-1-80. The out-of-state service must be matched on a one-for-one basis with in-state service. However, a member who has been in continuous covered employment for ten years may receive creditable service for any amount of out-of-state service. Out-of-state service may not exceed the total creditable service, exclusive of out-of-state service which he would have if he remained in service until completion of the eligibility requirements for an unreduced service retirement allowance. A member who elects to receive creditable service for his out-of-state service shall establish credit for all service for which he is eligible, except that the service shall not exceed the total creditable service, exclusive of out-of-state service, which he would have if he remained in service until completion of the eligibility requirements for an unreduced service retirement allowance. The contribution thereafter must be treated in the same way as the regular contributions required of a member hereunder."/
Renumber sections to conform.
Amend totals and title to conform.
Senator HOLLAND explained the amendment.
The amendment was adopted.
Senator DRUMMOND proposed the following Amendment No. 37 (GJK\21531HTC.98), which was adopted:
Amend the bill, as and if amended, PART II, SECTION 37, Section 12-10-35 as contained in subsection A, page 561, by inserting before /during/ on line 23 /, but not less than ten percent,/
Renumber sections to conform.
Amend totals and title to conform.
Senator DRUMMOND explained the amendment.
The amendment was adopted.
On motion of Senator J. VERNE SMITH, with unanimous consent, Amendment No. 101A was taken up for immediate consideration:
Amend the bill, as and if amended, Part II, Section 13, page 553, by striking lines 8 through 9 and inserting:
/(1) 'Institution of higher learning' means a public or independent bachelor's level institution chartered before 1962 whose major campus and headquarters are located within South Carolina; or an independent bachelor's level institution which has attained 501(C)3 tax status and is accredited by the Southern Association of Colleges and Secondary Schools or the New England Association of Colleges and Schools; or a public or independent two-year institution which has attained 501(C)3 tax status. Institutions whose sole purpose is religious or theological training, or the granting of professional degrees do not meet the definition of 'Institution of higher learning' as defined in this section./
Amend section, totals, and title to conform.
Having voted on the prevailing side, Senator J. VERNE SMITH moved to reconsider the vote whereby Amendment No. 101A was adopted.
There was no objection.
On motion of Senator J. VERNE SMITH, with unanimous consent, Amendment No. 101A was withdrawn.
Senators SHORT and GIESE proposed the following Amendment No. 18 (4700R205.LHS), which was adopted:
Amend the bill, as and if amended, Part II, Section 47, page 569, by striking lines 5 - 7, and inserting in lieu thereof:
/Section 44-122-30. (A) Ten percent of the money appropriated annually to the fund by the General Assembly is to be used by the department to evaluate the effectiveness of each initiative and the fund as specified in Section 44-122-60. The remaining money must be distributed by the department to each county government in the following manner:
(1) fifteen percent of the money appropriated must be allocated evenly among all counties;
(2) fifteen percent of the money appropriated must be allocated to counties based on the size of their adolescent population;
(3) twenty percent of the money appropriated must be allocated to counties based on their rate of adolescent pregnancy;
(4) forty percent of the funds appropriated must be allocated to counties based on their number of adolescent pregnancies./
Amend sections, totals and title to conform.
Senator SHORT explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator FAIR desired to be recorded as voting against the adoption of the amendment.
Senator McCONNELL raised a Point of Order that Section 7 in Part II of the General Appropriation Bill was out of order inasmuch as it was not germane to the Bill.
The PRESIDENT sustained the Point of Order.
Senator McCONNELL raised a Point of Order that Section 48 in Part II of the General Appropriation Bill was out of order inasmuch as it was not germane to the Bill.
The PRESIDENT overruled the Point of Order.
Senator McCONNELL raised a Point of Order that Section 53 in Part II of the General Appropriation Bill was out of order inasmuch as it was not germane to the Bill.
Senator SETZLER spoke on the Point of Order.
Senator McCONNELL spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
Senator McCONNELL raised a Point of Order that Section 54 in Part II of the General Appropriation Bill was out of order inasmuch as it was not germane to the Bill.
Senator SETZLER spoke on the Point of Order.
Senator McCONNELL spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
Senator McCONNELL raised a Point of Order that Section 57 in Part II of the General Appropriation Bill was out of order inasmuch as it was not germane to the Bill.
The PRESIDENT sustained the Point of Order.
The PRESIDENT assumed the Chair at 2:58 P.M.
Senator PASSAILAIGUE raised a Point of Order that under the provisions of Rule 24 of the Senate Rules, a two-thirds vote would be required to include Section 49 in the General Appropriation Bill.
Senator PASSAILAIGUE spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
On motion of Senator PASSAILAIGUE, consideration of Section 49 was carried over.
Senator PASSAILAIGUE proposed the following Amendment No. 47 (4700R310.ELP), which was tabled:
Amend the bill, as and if amended, Part II, page 572, SECTION 50, beginning on line 25, by striking Item A in its entirety and renumbering the remaining items to conform.
Amend sections, totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
Senator DRUMMOND argued contra to the adoption of the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senators PASSAILAIGUE, COURSON, LANDER, RYBERG, MESCHER, THOMAS, McCONNELL, FAIR and GIESE desired to be recorded as voting against the motion to table the amendment.
The PRESIDENT stated that as each Part II section was considered, he would ascertain if any member objected to the provision, and failing an objection, the section would be deemed to have met the Rule 24B requirement.
Senator DRUMMOND asked unanimous consent to make a motion that no further amendments be accepted on the desk.
Senators THOMAS and RYBERG objected.
Senator BRYAN proposed the following Amendment No. 147 (4700R320.JEB), which was adopted:
Amend the bill, as and if amended, Part II, page 575, by striking line 1 and inserting the following:
/D. Section 9-11-90 of the 1976 Code, as last amended by Act 189 of 1989, is further amended by adding:
"(5) Notwithstanding the provisions of subsection (3), a retired member who has been restored to active employment by virtue of election to the office of sheriff is restored as a member of the system upon taking office and electing to cease receiving a retirement allowance. Credited service to which the sheriff was entitled when he retired is restored to the sheriff and upon subsequent retirement the allowance must be based on the sheriff's compensation and credited service before and after the period of prior retirement. The allowance must not be less than the amount of his allowance previously payable plus any increases which would have been payable under Section 9-11-310 had he not been restored to service."
E. This section takes effect upon approval by the Governor, except that item D applies only with respect to service credit earned pursuant to active service as a sheriff on and after that date./
Amend sections, totals and title to conform.
Senator BRYAN explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senators ELLIOTT and GLOVER proposed the following Amendment No. 84 (SFC\002.RDY), which was tabled:
Amend the bill, as and if amended, Part II, Section 58(A), State Library, page 584, by adding a new appropriately numbered item:
/State Library - Dillion Library 1,000,000/
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 LANDER proposed the following Amendment No. 71 (SFC\913.DGJ), which was tabled:
Amend the bill, as and if amended, Part II, Section 58(A), page 585, item 13, by adding an appropriately numbered item to read:
/Newberry Opera House $200,000/
Amend sections, totals and title to conform.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senators ALEXANDER, DRUMMOND, J. VERNE SMITH and HAYES proposed the following Amendment No. 74 (DKA\4966HTC.98), which was adopted:
Amend the bill, as and if amended, Part II, page 585, by adding an appropriately numbered SECTION at the end to read:
TO AMEND SECTION 59-118-30 OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA ACADEMIC ENDOWMENT INCENTIVE ACT OF 1997, SO AS TO EXTEND ELIGIBILITY FOR THE INCENTIVE TO TECHNICAL COLLEGES.
A. Section 59-118-30(1) of the 1976 Code, as added by Act 155 of 1997, is amended to read:
"(1) 'Qualifying college or university' means a state-supported, post-secondary, four-year educational institution offering undergraduate, master, or doctoral degree programs and also includes a technical college under the jurisdiction of the State Board for Technical and Comprehensive Education."
B. This section takes effect July 1, 1998./
Renumber sections to conform.
Amend totals and title to conform.
Senator ALEXANDER explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator SHORT proposed the following Amendment No. 79 (SFC\003.RDY), which was tabled:
Amend the bill, as and if amended, Part II, Section 58(A), Department of Commerce, page 585, by adding new appropriately numbered items:
/Department of Commerce -
Chester County Airport Runway Extension Renovations 750,000
Union County Airport 500,000/
Amend the bill further, as and if amended, Part II, Section 58(A) , Parks, Recreation and Tourism, page 585, by adding a new appropriately numbered item:
/Parks, Recreation and Tourism -
Gayle Village Project 250,000/
Amend sections, totals and title to conform.
Senator SHORT explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senators GLOVER and ELLIOTT proposed the following Amendment No. 116 (4700R232.MWG), which was tabled:
Amend the bill, as and if amended, Part II, Section 58(A), State Library, page 584, by adding a new appropriately numbered item:
/State Library - Dillon Library 1,000,000/
Amend sections, totals and title to conform.
Senator ELLIOTT explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator MOORE proposed the following Amendment No. 167 (TRANS\4700T002.TLM), which was adopted:
Amend the bill, as and if amended, Part II, Section 58(A), Department of Commerce, page 585, item 14, by an appropriately numbered item to read on line 12:
/Aiken County Langley Pond Olympic Project 500,000/
Amend sections, totals and title to conform.
Senator MOORE explained the amendment.
Senator J. VERNE SMITH spoke on the amendment.
Senator J. VERNE SMITH moved that the amendment be adopted.
The amendment was adopted.
Senator SETZLER proposed the following Amendment No. 168 (SFC\015.RDY), which was tabled:
Amend the bill, as and if amended, Part II, Section 58(A), Parks, Recreation and Tourism, page 584, item 13, by striking line(s) 33 and inserting:
/(b) Lexington Equestrian Center 300,000/.
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
Senator WILSON spoke on the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senators PASSAILAIGUE, REESE and O'DELL proposed the following Amendment No. 3 (4700R210.ELP), which was withdrawn:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered new SECTION at the end to read:
TO AMEND CHAPTER 6, TITLE 12 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-1240 SO AS TO ESTABLISH A REFUNDABLE INCOME TAX CREDIT IN AN AMOUNT EQUAL TO THE MOTOR VEHICLE PROPERTY TAX PAID BY AN INDIVIDUAL.
A. Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-1240. (A) Beginning with tax year 2000, a person filing an individual state income tax return may claim a refundable income tax credit in an amount equal to the tax paid for each motor vehicle for which the filer paid ad valorem taxation pursuant to Section 1, Article X of the Constitution of South Carolina during the filer's previous tax year.
(B) Upon the conclusion of each fiscal year the Comptroller General shall deposit any remaining unappropriated or undesignated surplus funds into the Motor Vehicle Property Tax Relief Fund. Beginning with calendar year 2000 and each year thereafter, the General Assembly shall appropriate sufficient revenue to the fund to provide individuals with a
one hundred percent refundable income tax credit for those eligible to receive credit for motor vehicle taxes paid in the previous year. This fund is separate and distinct from the general fund of the State and any interest accruing on monies deposited to the fund shall remain a part of the fund to be expended with the principal as provided in this section."
B. (1) A statewide referendum must be held at the time of the 1998 General Election to ascertain whether or not Section 12-6-1240 is to become effective. The State Board of Canvassers shall publish the results of the referendum and certify them to the Secretary of State, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Code Commissioner. The state election laws shall apply to the referendum mutatis mutandis. The State Election Commission and the local election commissions shall cause to be placed on the ballot the following question:
"Shall an individual be eligible to claim a refundable income tax credit in an amount equal to property tax paid on motor vehicle(s) taxes paid during the period covered by the income tax return?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
(2) Section 12-6-1240 shall only become effective if the State Election Commission (State Board of Canvassers) certifies that a majority of the qualified electors voting in the referendum vote "yes." Section 12-6-1240 is effective ten days after the certification provided in Section B.(1) of this section. If the State Election Commission (State Board of Canvassers) certifies that a majority of the qualified electors voting in the referendum vote "no," any money deposited in the Motor Vehicle Property Tax Relief Fund shall be appropriated by the General Assembly as it deems appropriate.
B. This section takes effect upon approval by the Governor and shall be implemented as provided herein./
Amend sections, totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
At 4:05 P.M., with Senator PASSAILAIGUE retaining the floor, on motion of Senator DRUMMOND, with unanimous consent, the Senate receded from business not to exceed fifteen minutes.
At 4:25 P.M., the Senate resumed.
At 4:20 P.M., with Senator PASSAILAIGUE retaining the floor, on motion of Senator THOMAS, with unanimous consent, the Senate receded from business not to exceed 10 minutes.
At 4:32 P.M., the Senate resumed.
At 4:35 P.M., with Senator PASSAILAIGUE retaining the floor, on motion of Senator COURSON, with unanimous consent, the Senate receded from business not to exceed 10 minutes.
At 4:45 P.M., the Senate resumed.
At 4:45 P.M., with Senator PASSAILAIGUE retaining the floor, on motion of Senator DRUMMOND, with unanimous consent, the Senate receded from business until 5:00 P.M.
At 5:00 P.M., the Senate resumed.
Having voted on the prevailing side, Senator LAND asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 53, Amendment No. 54, and Amendment No. 108 were adopted.
There was no objection.
On motion of Senator LAND, with unanimous consent, Amendment No. 53, Amendment No. 54, and Amendment No. 108 were withdrawn.
On motion of Senator LAND, with unanimous consent, Amendment Nos. 127 and 42 were withdrawn from consideration.
On motion of Senator LAND, with unanimous consent, Amendment No. 3 was withdrawn.
On motion of Senator LAND, with unanimous consent, Amendment Nos. 135 through 145 were withdrawn.
On motion of Senator SETZLER, with unanimous consent, the following amendments were withdrawn:
Amendment No. 3
Amendment No. 12
Amendment No. 30
Amendment No. 52
Amendment No. 67
Amendment No. 92
Amendment No. 107
Amendment No. 109
Amendment No. 114
Amendment No. 155
Amendment No. 162
Amendment No. 187
Amendment No. 188
On motion of Senator LANDER, with unanimous consent, the following amendments were withdrawn:
Amendment No. 115
Amendment No. 158
Amendment No. 159
The Senate proceeded to a consideration of Part II.
Senators PASSAILAIGUE and ALEXANDER proposed the following Amendment No. 9 (4700R202.ELP), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered new SECTION to read:
TO AMEND SECTION 12-43-220 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX CLASSIFICATIONS AND ASSESSMENT RATIOS, SO AS TO PROVIDE THAT IF A CHANGE IN PROPERTY OWNERSHIP OCCURS AND THE NEW OWNER DOES NOT QUALIFY FOR THE FOUR PERCENT RESIDENTIAL PROPERTY ASSESSMENT RATIO, THE SIX PERCENT ASSESSMENT RATIO SHALL APPLY TO THE PROPERTY ONLY FOR THE PORTION OF THE TAX YEAR IN WHICH THE PROPERTY IS OWNED BY THE NEW OWNER; AND TO EXTEND THE TIME BY WHICH A WRITTEN NOTICE OF OBJECTION TO AN ASSESSMENT RATIO MUST BE FILED FOR THE 1997 TAX YEAR.
A. Section 12-43-220(c)(2)(vi) of the 1976 Code is amended to read:
"(vi) No further applications are necessary from the current owner while the property for which the initial application was made continues to meet the eligibility requirements. If a change in ownership occurs, another application is required. The owner shall notify the assessor of any change in classification within six months of the change. If a change in ownership occurs and the new owner does not qualify for the four percent assessment ratio, the six percent assessment ratio shall apply to the property only for the portion of the tax year in which the property is owned by the new owner. For the portion of the tax year in which the person qualifying for the four percent assessment ratio owned the property, the four percent assessment ratio shall apply."
B. (A) For purposes of Article 9, Chapter 60, Title 12, the time by which the written notice of objection to the assessment ratio used for the assessment of property taxes for the 1997 tax year is hereby extended until a period ending forty days after the effective date of this act for a taxpayer who paid taxes for the 1997 property tax year at the six percent assessment ratio on property which qualified for the four percent assessment ratio on December 31, 1996, but which lost its status as the current owner's residence because of a change in ownership.
(B) The Department of Revenue and Taxation shall place a notice in newspapers of general circulation in this State notifying taxpayers of the provisions of this section. The department shall also provide written notification to each county assessor and county auditor./
Amend sections, totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
The amendment was adopted.
Senators ELLIOTT, PASSAILAIGUE, ALEXANDER and RANKIN proposed the following Amendment No. 10 (4700R208.DE), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered new SECTION to read:
TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, SECTION 27-32-170, RELATING TO EXEMPTION FROM SALES TAX OF SALE OF A VACATION TIME SHARING PLAN, AND SECTION 27-32-250, AS AMENDED, RELATING TO EXEMPTION FROM SALES TAX OF SALE OF A VACATION MULTIPLE OWNERSHIP INTEREST, ALL SO AS TO EXEMPT FROM SALES TAX THE SALE OR RESALE OR THE EXCHANGE OF AN INTEREST IN A VACATION TIME SHARING PLAN AND A VACATION MULTIPLE OWNERSHIP INTEREST.
A. Section 12-36-2120(31) of the 1976 Code is amended to read:
"(31) vacation time sharing lease plans, vacation multiple ownership interests, and exchanges of interests in them as provided by Chapter 32 of Title 27;"
B. Section 27-32-170 of the 1976 Code is amended to read:
"Section 27-32-170. The gross proceeds from the sale or resale of any a vacation time sharing lease plan and the exchange of an interest in a vacation time sharing plan shall be are exempt from sales tax imposed by Chapter 36 of Title 12 under pursuant to the provisions of Section 12-36-2120."
C. Section 27-32-250(2) of the 1976 Code is amended to read:
"(2) The sale or resale of a vacation multiple ownership interest and the exchange of an interest in a vacation multiple ownership interest for any interest in the same or another vacation multiple ownership interest is exempt from sales tax imposed by Chapter 36 of Title 12 in the manner provided by Section 27-32-170."
D. (A) Section 12-43-230(d) of the 1976 Code, as last amended by Act 403 of 1996, is further amended to read:
"(d) For purposes of this article, 'homeowners' association property' means real and personal property owned by a homeowners' association if:
(1) property owned by the homeowners' association is held for the use, benefit, and enjoyment of members of the homeowners' association;
(2) each member of the homeowners' association has an irrevocable right to use and enjoy on an equal basis, property owned by the homeowners' association, subject to any restrictions imposed by the instruments conveying the right or the rules, regulations, or bylaws of the homeowners' association; and
(3) each irrevocable right to use and enjoy property owned by the homeowners' association is appurtenant to taxable real property owned by a member of the homeowners' association.
Notwithstanding any other provision of this subsection, homeowners' association property shall not be construed so as to include a golf course. Subject to making the appropriate application pursuant to this subsection, a homeowners' association may designate one or any number of its qualifying tracts or parcels as homeowners' association property for purposes of the special valuation contained in Section 12-43-227.
As used in this subsection, 'homeowners' association' means an organization which is organized and operated to provide for the acquisition, construction, management, and maintenance of property.
Homeowners' association property does not come within the provisions of this subsection unless the owners of the real property or their agents make a written application therefor for it on or before the first penalty date for taxes due for the first tax year in which the special valuation is claimed. The application may be with respect to one or any number of tracts or parcels owned by the homeowners' association. The application for the special valuation must be made to the assessor of the county in which the special valuation property is located, on forms provided by the county and approved by the department which includes the reporting of nonqualified gross receipts, and failure to apply constitutes a waiver of the special valuation for that year. No additional annual filing is required while the property remains homeowners' association property and the ownership remains the same, unless the nonqualified gross receipts within the meaning of Section 12-43-227 for the most recent completed tax year either (i) exceed the amount of nonqualified gross receipts with respect to the property reported on the most recently filed application by ten percent or more or (ii) are less than ninety percent of the amount of nonqualified gross receipts with respect to the property reported on the most recently filed application. In such a that case, the owners of the real property or their agents must make additional written application with respect to the property and report the change in nonqualified gross receipts."
(E) This section applies to property tax years beginning after 1997./
Amend sections, totals and title to conform.
Senator ELLIOTT explained the amendment.
The amendment was adopted.
Senator THOMAS proposed the following Amendment No. 20 (4962MM.98), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-8-520 OF THE 1976 CODE, RELATING TO INCOMES SUBJECT TO WITHHOLDING, SO AS TO EXCLUDE WAGES OF SEVEN THOUSAND FIVE HUNDRED DOLLARS OR LESS A YEAR PAID TO A DISABLED PERSON EMPLOYED IN A PROGRAM APPROVED BY THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS.
A. Section 12-8-520(D) of the 1976 Code, as added by Act 76 of 1995, is amended by adding:
"(11) for services performed by a disabled person:
(a) as defined by the Department of Disabilities and Special Needs;
(b) employed in a program approved by the Department of Disabilities and Special Needs; and
(c) with a projected income of seven thousand five hundred dollars a year, or less."
B. This section is effective for taxable years beginning after 1998./
Renumber sections to conform.
Amend totals and title to conform.
Senator THOMAS explained the amendment.
The amendment was adopted.
Senator PEELER proposed the following Amendment No. 28A (4700R300.HSP), which was tabled:
Amend the bill, as and if amended, Part II, page 585, after line 32, by adding an appropriately numbered new proviso to read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-96 SO AS TO PROVIDE THAT BEGINNING JULY 1, 1998, ALL OFFICES OF THE DEPARTMENT OF PUBLIC SAFETY WHERE THE GENERAL PUBLIC IS ADMITTED FOR THE PURPOSE OF OBTAINING DRIVERS' LICENSES OR PERMITS, MOTOR VEHICLE REGISTRATION AND LICENSE PLATES, OR TITLES TO MOTOR VEHICLES MUST BE EQUIPPED WITH SURVEILLANCE CAMERAS WHICH PROVIDE A VIDEO RECORD OF THE ACTIVITIES THAT OCCUR WITHIN THAT OFFICE, AND TO PROVIDE THAT THESE VIDEO RECORDS MUST BE MAINTAINED BY THE DEPARTMENT FOR A PERIOD OF THREE YEARS.
A. The 1976 Code is amended by adding:
"Section 23-6-96. Beginning July 1, 1998, all offices of the Department of Public Safety where the general public is admitted for the purpose of obtaining drivers' licenses or permits, motor vehicle registration and license plates, or titles to motor vehicles must be equipped with surveillance cameras which provide a video record of the activities that occur within that office. These video records must be maintained by the department for a period of three years."
B. This act takes effect upon approval by the Governor./
Amend sections, totals and title to conform.
Senator PEELER explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senators PASSAILAIGUE and REESE proposed the following Amendment No. 46 (4700R302.ELP), which was tabled:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered new SECTION to read:
TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT AN AMOUNT OF FAIR MARKET VALUE OF MANUFACTURING, MINING, TRANSPORTATION, COMMERCIAL, AND RESIDENTIAL REAL PROPERTY SUFFICIENT TO LIMIT TO FIFTEEN PERCENT THE INCREASE IN VALUE OF PROPERTY ATTRIBUTABLE TO IMPLEMENTATION OF A COUNTYWIDE EQUALIZATION AND REASSESSMENT PROGRAM, TO PROVIDE THAT THE EXEMPTION LAPSES WHEN THE PROPERTY IS TRANSFERRED AND TO PROVIDE EXCEPTIONS.
A. Section 12-37-220(B) of the 1976 Code, as amended, is further amended by adding an appropriately numbered item at the end to read:
"( ) An amount of the fair market value of real property assessed pursuant to items (1), (2), (3), and (5) of Section 1, Article X of the constitution of this State, not including utility real property, sufficient to provide a fifteen percent limit on any valuation increase during the reassessment period required under Section 12-43-217. This exemption does not apply to increases in fair market value attributable to permanent improvements. When the property which is the subject of this exemption is transferred, the exemption allowed pursuant to this item lapses and the exemption shall apply to increases in value attributable to subsequent reassessment and equalization programs, For purposes of this item, in the case of owner-occupied residential property, no transfer occurs when property is conveyed.
(a) to a surviving spouse at the owner's death, including conveyances that would allow the surviving spouse, if otherwise eligible to claim the exemption allowed pursuant to Section 12-27-250;
(b) to a spouse or former spouse, pursuant to an order for equitable distribution from the dissolution of a marriage.
For all other property, no transfer occurs for a conveyance pursuant to a merger, consolidation, or reorganization of a taxpayer where tax attributes survive."
B. Upon approval by the Governor, this act is effective with respect to valuation increases attributable to countywide equalization and reassessment programs implemented after 1997.
C. The Department of Revenue shall print a notice of the fifteen percent limit on valuation increases during a reassessment period to be mailed with property tax notices sent to taxpayers by local governments. The department shall pay the costs of printing the notice and delivering the notice to local governments to taxpayers./
Amend sections, totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senators WILSON, PASSAILAIGUE and COURSON desired to be recorded as voting against the motion to table the amendment.
Senators PEELER and REESE proposed the following Amendment No. 48 (DKA\4960HTC.98), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
TO AMEND ARTICLE 5, CHAPTER 1, TITLE 6, OF THE 1976 CODE, RELATING TO LOCAL ACCOMMODATIONS TAX, BY ADDING SECTION 6-1-570 AND ARTICLE 7, CHAPTER 1, TITLE 6, RELATING TO LOCAL HOSPITALITY TAX, BY ADDING SECTION 6-1-770 BOTH SO AS TO REQUIRE REMITTANCE OF THE TAX DUE TO THE LOCAL GOVERNING BODY ON A MONTHLY BASIS WHEN THE ESTIMATED AMOUNT OF AVERAGE TAX IS MORE THAN FIFTY DOLLARS A MONTH, ON A QUARTERLY BASIS WHEN THE ESTIMATED AMOUNT OF AVERAGE TAX IS TWENTY-FIVE DOLLARS TO FIFTY DOLLARS A MONTH, AND ON AN ANNUAL BASIS WHEN THE ESTIMATED AMOUNT OF AVERAGE TAX IS LESS THAN TWENTY-FIVE DOLLARS A MONTH.
A. Article 5, Chapter 1, Title 6 of the 1976 Code, as added by Act 138 of 1997, is amended by adding:
"Section 6-1-570. The tax provided for in this article must be remitted to the local governing body on a monthly basis when the estimated amount of average tax is more than fifty dollars a month, on a quarterly basis when the estimated amount of average tax is twenty-five dollars to fifty dollars a month, and on an annual basis when the estimated amount of average tax is less than twenty-five dollars a month."
B. Article 7, Chapter 1, Title 6 of the 1976 Code, as added by Act 138 of 1997, is amended by adding:
"Section 6-1-770. The tax provided for in this article must be remitted to the local governing body on a monthly basis when the estimated amount of average tax is more than fifty dollars a month, on a quarterly basis when the estimated amount of average tax is twenty-five dollars to fifty dollars a month, and on an annual basis when the estimated amount of average tax is less than twenty-five dollars a month."
C. This section takes effect July 1, 1998./
Renumber sections to conform.
Amend totals and title to conform.
Senator PEELER explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator LEVENTIS proposed the following Amendment No. 51 (KGH\5628AC.98), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 44-56-460 OF THE 1976 CODE RELATING TO ESTABLISHING REHABILITATION PRIORITIES AT CONTAMINATED DRYCLEANING FACILITIES, SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY NOT EXPEND FROM THE DRYCLEANING FACILITY RESTORATION FUND MORE THAN TWO HUNDRED FIFTY THOUSAND DOLLARS ANNUALLY FOR INVESTIGATION AND REHABILITATION ACTIVITIES, AND TO AMEND SECTION 44-56-470 RELATING TO ANNUAL DRYCLEANING FACILITY REGISTRATION FEES, SO AS TO EXTEND FROM DECEMBER 1, 1996 TO JULY 1, 1999 THE TIME WITHIN WHICH A FACILITY OWNER OR OPERATOR MUST DEMONSTRATE COMPETENCY TO OPERATE A FACILITY AND MUST INSTALL DIKES OR OTHER CONTAINMENT STRUCTURES AROUND EQUIPMENT.
A. Section 44-56-460(C) of the 1976 Code, as added by Act 119 of 1995, is amended to read:
"(C) The department may not expend more than two hundred fifty thousand dollars from the fund yearly more than five percent of the average collected annual balance of the fund annually to pay for the costs at any one eligible site for the activities described in Section 44-56-420(B)."
B. Section 44-56-470(D) and (E) of the 1976 Code, as added by Act 119 of 1995, is amended to read:
"(D) Before December 1, 1996 July 1, 1999, an owner or operator of a drycleaning facility or person shall receive certification from the International Fabricare Institute, the Neighborhood Cleaners Association, or some other comparable nationally recognized drycleaning industry association certifying that the operator has demonstrated a level of competency to operate a drycleaning facility in accordance with the highest standards of the drycleaning industry.
(E) Before January 1, 1997 July 1, 1999, an owner or operator of a drycleaning facility or person shall install dikes or other containment structures around each machine or item of equipment in which drycleaning solvents are used and around an area in which solvents or waste containing solvents are stored. The dikes or containment structures must be capable of containing one-third of the capacity of the total tank capacity of each machine. To the extent practicable, an owner of a drycleaning facility or person shall seal or otherwise render impervious those portions of all diked floor surfaces upon which any drycleaning solvents may leak, spill, or otherwise be released."/
Renumber sections to conform.
Amend totals and title to conform.
Senator LEVENTIS explained the amendment.
The amendment was adopted.
Senators PASSAILAIGUE, O'DELL, REESE and McCONNELL proposed the following Amendment No. 61 (4700R313.ELP), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered new SECTION to read:
TO AMEND SECTION 12-36-2120 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO EXEMPT AUTOMATIC TELLER MACHINE TRANSACTIONS FROM SALES TAX.
A. Section 12-36-2120(11) of the 1976 Code is amended by adding:
"(11)(a) toll charges for the transmission of voice or messages between telephone exchanges;
(b) charges for telegraph messages; and
(c) carrier access charges and customer access line charges established by the Federal Communications Commission or the South Carolina Public Service Commission; and
(d) transactions involving automatic teller machines;"/
Amend sections, totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 119A (4700R231.ELP), which was tabled:
Amend the bill, as and if amended, Part II, by adding a new SECTION at the end to read:
TO AMEND SECTION 1-11-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO REVISE THE SERVICE REQUIREMENTS AND ALLOW PARTICIPATION IF THE LAST THREE YEARS RATHER THAN THE LAST FIVE YEARS ARE CONSECUTIVE AND IN A FULL-TIME POSITION IN A STATE-COVERED INSURANCE GROUP, TO CHANGE REFERENCES DESCRIBING ELIGIBLE SERVICE FROM "STATE-COVERED ENTITY" TO "STATE-COVERED INSURANCE GROUP", AND TO DELETE OBSOLETE PROVISIONS.
A. Section 1-11-730 of the 1976 Code, as last amended by Act 230 of 1996, is further amended to read:
"Section 1-11-730. (A) A person covered by the state health and dental insurance plans who terminates employment with at least twenty years retirement service credit with by a state-covered entity insurance group who terminates employment before eligibility for retirement under a state retirement system is eligible for the insurance plans effective on the date of retirement under a state retirement system, if the last five three years of employment are consecutive and in a full-time permanent position with a state-covered entity insurance group.
(B) A member of the General Assembly who leaves office or retires with at least eight years credited service in the General Assembly Retirement System is eligible to participate in the plans by paying the full premium costs as determined by the State Budget and Control Board.
(C) An active employee retiring with ten or more years of state-covered entity insurance group service credited under a state retirement system is eligible for state-paid premiums, if the last five three years are consecutive and in a full-time permanent position with a state-covered entity insurance group.
(D) A person covered by the plans who retires with at least five years's years state-covered entity insurance group service credited under a state retirement system is eligible to participate in the plan by paying the full premium costs as determined by the board, if the last five three years are consecutive and in a full-time permanent position with a state-covered entity insurance group.
(E) Reserved All state and school district employees employed before July 1, 1984, who were or would have been eligible for the plans upon completion of five years service are exempt from the provisions of this section and are eligible for the plan effective on the date of their retirement.
(F) A former municipal or county council member of a county or municipality which participates in the state health and dental insurance plans who served on the council for at least twelve years and who was covered under the plans at the time of termination is eligible to maintain coverage under the plans if the former member pays the full employer and employee contributions and if the county or municipal council elects to allow this coverage for former members."
B. This act takes effect July 1, 1998 and applies to persons terminating or retiring on or after that date./
Amend sections, totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator PASSAILAIGUE desired to be recorded as voting against the motion to table the amendment.
Senators ALEXANDER, MARTIN, ELLIOTT, DRUMMOND and J. VERNE SMITH proposed the following Amendment No. 130 (PSD\7412HTC.98), which was adopted:
Amend the bill, as and if amended, Part II, page 585, by adding a new SECTION appropriately numbered at the end to read:
TO AMEND CHAPTER 3, TITLE 50 OF THE 1976 CODE, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES, BY ADDING ARTICLE 9 SO AS TO CREATE THE SOUTH CAROLINA JOCASSEE GORGES TRUST FUND.
Chapter 3, Title 50 of the 1976 Code is amended by adding:
Section 50-3-900. There is created the South Carolina Jocassee Gorges Trust Fund, the income and principal of which must be used only for the purposes of supporting the operation and maintenance and the acquisition of additional real property complementary to those tracts of real property owned by the South Carolina Department of Natural Resources in Oconee and Pickens Counties, South Carolina, in the vicinity of Lake Jocassee which are known collectively as the Jocassee Gorges. All gifts, grants, and contributions for this purpose must be accounted for separately from other assets of the fund.
Section 50-3-910. There is created the Board of Trustees of the Jocassee Gorges Trust Fund of the Department of Natural Resources, with full authority over the administration of the fund, whose chairman and members are the chairman and members of the board of the Department of Natural Resources. The State Treasurer is the custodian of the fund and shall invest its assets in accordance with the provisions of Title 11 of the 1976 Code.
Section 50-3-920. The assets of the fund are derived from:
(1) the proceeds of any gifts, grants, and contributions to the State which are designated specifically for inclusion;
(2) other lawful sources.
Section 50-3-930. The fund constitutes a special trust derived from a contractual relationship between the State and the members of the public whose investments contribute to the fund. In recognition of the special trust, the following limitations and restrictions are placed on expenditures from the fund:
(1) Any limitations or restrictions specified by the donors on the uses of the income derived from the gifts, grants, and voluntary contributions are respected but are not binding.
(2) After applying income received and accruing from the investments of gifts, grants, and contributions, the board of trustees of the fund may liquidate and expend principal of the fund.
(3) The income received and accruing from the investments of the fund must be spent only to acquire additional real property complementary to or protective of the Jocassee Gorges and in furthering the operation and maintenance of the Jocassee Gorges.
Section 50-3-940. The board may accumulate the investment income of the fund and may direct expenditures from the income of the fund for the purposes set forth in Section 50-3-930(3).
Section 50-3-950. Expenditure of the income derived from the fund must be made through the board in accordance with the provisions of the general appropriations act. The fund is subject to the oversight of the State Auditor.
Section 50-3-960. The fund and income do not take the place of state appropriations or department receipts placed in the fund and must be used in accordance with Section 50-3-930(3).
Section 50-3-970. If the board of the Department of Natural Resources is dissolved, the succeeding agency shall assume the trusteeship of the fund and is bound by all the limitations and restrictions placed by this article on expenditures from the fund.
Section 50-3-980. No land noted as Jocassee Gorges shall be sold, traded, leased, or mortgaged without the approval of the South Carolina General Assembly."/
Senator ALEXANDER explained the amendment.
Senator ALEXANDER moved that the amendment be adopted.
The amendment was adopted.
Senators DRUMMOND, LANDER, O'DELL, LAND and SETZLER proposed the following Amendment No. 146 (DKA\4978HTC.98), which was adopted:
Amend the bill, as and if amended, by Part II, page 585, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 1-11-720, AS AMENDED, OF THE 1976 CODE, RELATING TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO EXTEND ELIGIBILITY TO THE SOUTH CAROLINA STATE EMPLOYEES' ASSOCIATION, THE PALMETTO STATE TEACHERS' ASSOCIATION, THE SOUTH CAROLINA EDUCATION ASSOCIATION, THE SOUTH CAROLINA SCHOOL BOARDS ASSOCIATION, AND THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS.
A. Section 1-11-720(A) of the 1976 Code, as last amended by Act 458 of 1996, is further amended by adding appropriately numbered items at the end to read:
"( ) the South Carolina State Employees' Association;
( ) the Palmetto State Teachers' Association;
( ) the South Carolina Education Association;
( ) the South Carolina School Boards Association;
( ) the South Carolina Association of School Administrators."
B. This section takes effect July 1, 1998./
Renumber sections to conform.
Amend totals and title to conform.
Senator DRUMMOND explained the amendment.
The amendment was adopted.
Senator LEVENTIS proposed the following Amendment No. 149 (SBD\SD11), which was adopted:
Amend the bill, as and if amended, Part II, by adding a newly numbered section to read:
An Education Finance Act (EFA) underpayment to a school district resulting from an error in the information provided to the Department of Revenue for the purposes of calculating the index of taxpaying ability for the 1997-98 school year must be made up in EFA distributions to the district over two years, beginning with the 1998-99 school year distribution. The amount of the makeup payment to the district must be deducted from available EFA funds before the allocation of EFA funds for the two year. This section does not apply unless the amount of the underpayment exceeds one percent of the EFA funds allocated to the district for the 1997-98 school year. Provided, however, any local tax levied to generate additional revenue due to the EFA underpayment must be taken into account so as to reduce the tax levy by a corresponding amount for applicable year for which the makeup is received as provided in this section.
Amend sections, totals and title to conform.
Senator LEVENTIS explained the amendment.
The amendment was adopted.
Senator ALEXANDER proposed the following Amendment No. 172 (BBM\9879JM.98), which was adopted:
Amend the committee report, as and if amended, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 59-67-150 OF THE 1976 CODE, RELATING TO QUALIFICATIONS OF SCHOOL BUS DRIVERS, SO AS TO PROVIDE THAT EVERY DRIVER OF A PUBLIC SCHOOL BUS SHALL COMPLY WITH THE REQUIREMENTS FOR OBTAINING A COMMERCIAL DRIVER LICENSE UNDER ARTICLE 13, CHAPTER 1 OF TITLE 56, AND TO PROVIDE FOR EXCEPTIONS; TO AMEND SECTION 56-1-2020, RELATING TO THE CONSTRUCTION OF THE PROVISIONS OF THE SOUTH CAROLINA COMMERCIAL DRIVER LICENSE ACT, SO AS TO PROVIDE THAT, TO THE EXTENT THAT THE COMMERCIAL DRIVER LICENSE ACT CONFLICTS WITH SCHOOL BUS DRIVER LICENSING PROVISIONS, THAT ACT PREVAILS, AND THAT WHERE THAT ACT IS SILENT, THE SCHOOL BUS DRIVER LICENSING PROVISIONS APPLY; TO AMEND SECTION 56-1-2030, AS AMENDED, RELATING TO THE DEFINITION OF "COMMERCIAL DRIVER LICENSE", SO AS TO PROVIDE THAT SUCH A LICENSE AUTHORIZES THE LICENSEE TO DRIVE A CLASS OF COMMERCIAL MOTOR VEHICLE OR A PUBLIC SCHOOL BUS; AND TO AMEND SECTION 56-1-2090, RELATING TO APPLICATION FOR A COMMERCIAL DRIVER LICENSE, CHANGE OF A LICENSEE'S NAME OR ADDRESS, AND PENALTIES FOR FALSIFYING INFORMATION, SO AS TO DELETE THE EXCEPTION REGARDING PUBLIC SCHOOL BUS DRIVERS FROM THE REQUIREMENT OF A NONREFUNDABLE APPLICATION FEE OF FIFTEEN DOLLARS FOR A COMMERCIAL DRIVER LICENSE.
A. Section 59-67-150 of the 1976 Code is amended to read:
"Section 59-67-150. (A) Every driver of a public school bus shall comply with the requirements for obtaining a commercial driver license under Article 13, Chapter 1 of Title 56, except where specific exceptions are made to this requirement by law; provided, that the period of a valid license for the driver of a public school bus shall be the same as provided by law for a valid commercial driver license.
(B) The driver of each school bus must be an experienced driver of good moral habits, and neither he nor any pupil nor any other person shall use alcoholic liquors or smoke any cigar, cigarette, pipe, tobacco or other substance in such vehicle during the time he is operating the same as a school bus."
B. Section 56-1-2020 of the 1976 Code is amended to read:
"Section 56-1-2020. This article is a remedial law and must be construed liberally to promote the public health, safety, and welfare.
To the extent that this article conflicts with general driver licensing provisions, this article prevails. Where this article is silent, the general driver licensing provisions apply.
To the extent that this article conflicts with school bus driver licensing provisions, this article prevails. Where this article is silent, the school bus driver licensing provisions apply."
C. Section 56-1-2030(3) of the 1976 Code is amended to read:
"(3) 'Commercial driver license' means a license issued in accordance with the requirements of the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570) to an individual which authorizes the individual to drive a class of commercial motor vehicle or a public school bus."
D. Section 56-1-2090(A)(10) of the 1976 Code is amended to read:
"(10) a nonrefundable application fee of fifteen dollars, except for public school bus drivers."/
Renumber sections to conform.
Amend totals and title to conform.
Senator ALEXANDER explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senators McCONNELL and PASSAILAIGUE proposed the following Amendment No. 175A (4700R330.GFM), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-36-2120, AS AMENDED, OF THE 1976 CODE RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO INCLUDE PRESCRIPTION MEDICINES AND THERAPEUTIC RADIOPHARMECEUTICALS USED IN THE TREATMENT OF CANCER AND RELATED DISEASES.
A. Section 12-36-2120(28)(a) of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"(28)(a) medicine and prosthetic devices sold by prescription, prescription medicines and therapeutic radiopharmaceuticals used in the treatment of cancer, lymphoma, leukemia, or related diseases, including prescription medicines used to relieve the effects of any such treatment, and free samples of prescription medicine distributed by its manufacturer and any use of these free samples;"
B. This section takes effect June 28, 1999./
Amend sections, totals and title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
Senators PASSAILAIGUE, McCONNELL, REESE, ALEXANDER, BRANTON and MESCHER proposed the following Amendment No. 183 (4700R324.ELP), which was adopted:
Amend the bill, as and if amended, Part II, page 572, by striking Section 49 in its entirety and inserting the following:
TO AMEND SECTION 12-6-1140, AS AMENDED, AND SECTION 12-6-1170, OF THE 1976 CODE, RELATING TO THE RETIREMENT INCOME DEDUCTION ELECTION AND THE TAXABLE INCOME
EXCLUSION ALLOWED PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO ELIMINATE THE ELECTION AND ALLOW AN ANNUAL DEDUCTION OF UP TO THREE THOUSAND DOLLARS OF RETIREMENT INCOME AND UP TO TEN THOUSAND DOLLARS OF RETIREMENT INCOME BEGINNING IN THE TAXABLE YEAR THE TAXPAYER ATTAINS AGE SIXTY-FIVE, AND TO ALLOW AN ANNUAL DEDUCTION OF ELEVEN THOUSAND FIVE HUNDRED DOLLARS OF SOUTH CAROLINA TAXABLE INCOME BEGINNING IN THE TAXABLE YEAR THE TAXPAYER ATTAINS THE AGE OF SIXTY-FIVE YEARS REDUCED BY THE RETIREMENT INCOME DEDUCTION, TO PROVIDE FOR CLAIMING THIS DEDUCTION ON JOINT RETURNS, TO DELETE PROVISIONS RELATING TO THE POSTPONEMENT OF THE MAXIMUM DEDUCTION UNDER THE PRIOR LAW AND TO EXTEND THE PERIOD FOR FILING A TIMELY CLAIM FOR REFUND FOR THE 1994 TAXABLE YEAR THROUGH APRIL 15, 1999, FOR TAXPAYERS WHOSE CLAIM IS BASED ON NOT HAVING MADE THE IRREVOCABLE ELECTION RELATING TO THE RETIREMENT INCOME DEDUCTION AND TO AMEND SECTION 12-14-40 OF THE 1976 CODE, RELATING TO THE DESIGNATION OF AN ECONOMIC IMPACT ZONE, SO AS TO DELETE THE FIFTEEN-YEAR "SUNSET" ON SUCH ZONES; AND TO AMEND SECTION 12-14-60, AS AMENDED, RELATING TO THE STATE INCOME TAX INVESTMENT CREDIT ALLOWED FOR CERTAIN INVESTMENTS IN ECONOMIC IMPACT ZONES, SO AS TO DELETE THE FIVE PERCENT CREDIT AND REPLACE IT WITH A GRADUATED PERCENTAGE FROM ONE TO FIVE PERCENT BASED ON THE INVESTMENT'S USEFUL LIFE AND TO LIMIT THE TOTAL CREDIT ALLOWED A UTILITY FOR INVESTMENTS MADE AFTER JUNE 30, 1998, TO ONE MILLION DOLLARS, LIMIT ALL CREDITS FOR INVESTMENTS MADE BEFORE JULY 1, 1998, TO NO MORE THAN FIFTY PERCENT OF THE TAX LIABILITY, AND TO MAKE OTHER TECHNICAL CHANGES.
I.A. (1) Section 12-6-1140(3) of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"(3) a deduction for retirement income as provided in Section 12-6-1170;"
(2) Section 12-6-1140 of the 1976 Code, as last amended by Section 2, Part II of Act 155 of 1997, is further amended by deleting item (9) which reads:
"(9) South Carolina taxable income received by a resident individual taxpayer who before or during the applicable taxable year has attained the age of sixty-five. If a married taxpayer eligible for this deduction files a joint federal income tax return with a spouse who is not eligible for this deduction, then their joint income must be allocated between them on a pro-rata basis in the manner the department shall provide."
B. Section 12-6-1170 of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"Section 12-6-1170. (A)(1) An individual is allowed an annual deduction from South Carolina taxable income for of not more than three thousand dollars of retirement income received as follows:
(1) For taxable years after 1992, and beginning on the first taxable year a taxpayer receives retirement income, the taxpayer may:
(a) deduct up to three thousand dollars of retirement income that is included in South Carolina taxable income; or
(b) irrevocably elect to defer the annual retirement income deduction until the taxable year in which the taxpayer reaches age sixty-five. Beginning in the year in which the taxpayer reaches age sixty-five, the taxpayer may deduct up to not more than ten thousand dollars of retirement income that is included in South Carolina taxable income.
(2) Taxpayers are deemed to have made the election provided in subitem (1)(b) and may deduct up to ten thousand dollars of retirement income included in South Carolina taxable income if:
(a) the taxpayer does not claim a retirement income deduction before the taxable year he reaches age sixty-five; or
(b) the taxpayer reaches age sixty-five before 1994.
(3) As used in this section, all references to age sixty-five apply to taxpayers born before 1943. For taxpayers born in 1943 through 1959, the applicable age for determining the retirement income deduction is age sixty-six and age sixty-seven for taxpayers born after 1959.
(4) (2) The term 'retirement income', as used in this section subsection, means the total of all otherwise taxable income not subject to a penalty for premature distribution received by the taxpayer or the taxpayer's surviving spouse in a taxable year from qualified retirement plans which include those plans defined in Internal Revenue Code Sections 401, 403, 408, and 457, and all public employee retirement plans of the federal, state, and local governments, including military retirement.
(5)(3) A surviving spouse receiving retirement income that is attributable to the deceased spouse shall apply this deduction in the same manner that the deduction applied to the deceased spouse. If the surviving spouse also has another retirement income, an additional retirement exclusion is allowed.
(6)(4) The department shall prescribe the method of making the election to defer the retirement income deduction and may require the taxpayer to provide information necessary for proper administration of this election subsection.
(B) Beginning for the taxable year during which a resident individual taxpayer attains the age of sixty-five years, the resident individual taxpayer is allowed a deduction from South Carolina taxable income received in an amount not to exceed eleven thousand five hundred dollars reduced by any amount the taxpayer deducts pursuant to subsection (A) not including amounts deducted as a surviving spouse. If married taxpayers eligible for this deduction file a joint federal income tax return, then the maximum deduction allowed is eleven thousand five hundred dollars in the case when only one spouse has attained the age of sixty-five years and twenty-three thousand dollars when both spouses have attained such age."
C. Notwithstanding the provisions of Section 12-54-85(F) of the 1976 Code relating to the timeliness of claims for refund, for taxable year 1994 only, the period within which such claims are timely filed is extended through April 15, 1999, for taxpayers filing a claim based on their not having made the irrevocable election provided under Section 12-6-1170 of the 1976 Code prior to its amendment by this section.
D. This part is effective for taxable years beginning after 1997.
II.A. Section 12-14-40 of the 1976 Code, as added by Act 25 of 1995, is amended to read:
"Section 12-14-40. (A) The designation of an area as an economic impact zone must be made by the State Budget and Control Board. It remains in effect during the period beginning on the date the board designates the area an economic impact zone and ending on the earlier of:
(1) December thirty-first of the fifteenth calendar year following the calendar year in which the designation occurs, or
(2) a termination date designated by legislative enactment of the General Assembly.
(B) A designation may be revoked by the General Assembly only after a hearing on the record in which officials of the county or municipality involved may participate."
B. Section 12-14-60 of the 1976 Code, as amended by Act 151 of 1997, is further amended to read:
"Section 12-14-60. (A) (1) There is allowed as a an economic impact zone investment tax credit against the tax imposed pursuant to Chapter 7 6 of this title an economic impact zone investment tax credit for any taxable year in which the taxpayer places in service an amount equal to five percent of the aggregate bases of economic impact zone qualified manufacturing and productive equipment properties property. placed in service during such taxable year in the economic impact zone.
(2) The amount of the credit allowed by this section is equal to the aggregate of:
three-year property one percent of total aggregate bases for all three-year property that qualifies;
five-year property two percent of total aggregate bases for all five-year property that qualifies;
seven-year property three percent of total aggregate bases for all seven-year property that qualifies;
ten-year property four percent of total aggregate bases for all ten-year property that qualifies;
fifteen-year property five percent of total aggregate bases for all fifteen-year or greater property or greater that qualifies.
For purposes of this section, whether property is three-year property, five-year property, seven-year property, ten-year property, or fifteen-year property is determined based on the applicable recovery period for such property under Section 168(e) of the Internal Revenue Code.
(B) For purposes of this section:
(1) 'economic impact zone qualified manufacturing and productive equipment property' means any property:
(a) which is used as an integral part of manufacturing, or production, or used as an integral part of extraction of or furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services in the economic impact zone;
(b) which is tangible property to which Section 168 of the Internal Revenue Code applies;
(c) which is Section 1245 property (as defined in Section 1245(a)(3)of the Internal Revenue Code); and
(d)(i) the construction, reconstruction, or erection of which is completed by the taxpayer in the economic impact zone; or
(ii) which is acquired by the taxpayer if the original use of such property commences with the taxpayer inside the economic impact zone.
(2) In the case of any computer software which is used to control or monitor a manufacturing or production process inside the economic impact zone and with respect to which depreciation (or amortization in lieu of depreciation) is allowable, the software must be treated as qualified manufacturing and productive equipment property.
(C) This section does not apply to any property to which the other tax credits would apply unless the taxpayer elects to waive the application of the other credits to the property.
(D) Unused credit allowed pursuant to this section may be carried forward for ten years from the close of the tax year in which the credit was earned.
(E) If during any taxable year and before the end of applicable recovery period for such property as determined under Section 168(e) of the Internal Revenue Code, the taxpayer disposes of or removes from the economic impact zone, economic impact zone qualified manufacturing and productive equipment property, then the tax due under Chapter 6 by the taxpayer for the current taxable year must be increased by the full amount of any credit claimed in prior years with respect to such property.
(F) For South Carolina income tax purposes, the basis of the economic impact zone qualified manufacturing and productive equipment property must be reduced by the amount of any credit claimed with respect to the property. If a taxpayer is required to recapture the economic impact zone investment tax credit in accordance with subsection (E), the taxpayer may increase the basis of the property by the amount of any basis reduction attributable with claiming the economic impact zone investment tax credit in prior years. The basis must be increased in the year in which the credit is recaptured.
(G) The credit allowed by this section for investments made after June 30, 1998, is limited to no more than one million dollars for any entity subject to the license tax as provided in Section 12-20-100.
(H) Credits claimed under this section for taxable years beginning after 1997 for investments made before July 1, 1998, may not reduce a taxpayer's state income tax liability by more than fifty percent."
C. This part is effective for any qualifying investments made after June 30, 1998. However, Section 12-14-60(H) of the 1976 Code, as added by this part, is effective as provided in the text of that subsection./
Amend the bill further, as and if amended, Part II, page 575, by striking Section 52 in its entirety.
Senator PASSAILAIGUE explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
On motion of Senator HOLLAND, with unanimous consent, Amendment No. 36A was taken up for immediate consideration.
Senator HOLLAND proposed the following Amendment No. 36A (PT\1953AC.98), which was adopted:
Amend the bill, as and if amended, Part II, SECTION 51, page 575, by striking subsection D on line 1 and inserting:
/ D. The first paragraph of subsection (1) of Section 9-8-60 of the 1976 Code, as last amended by Act 497 of 1994, are further amended to read:
"(1) A member of the system may retire upon written application to the board setting forth at what time, not later than his attaining age seventy-two and not more than ninety days prior nor more than six months subsequent to the execution and filing thereof, the member desires to be retired, if the member at the time so specified for retirement is no longer in the service of the State, except as a member of the General Assembly, and has completed ten years of credited service as a judge or eight years of credited service as a solicitor or was in service as a judge or solicitor on July 1, 1984, and has either attained the age of sixty-five and completed at least twenty years of credited service, or attained age seventy and completed at least fifteen years of credited service, or attained age sixty-five with at least four years' service in the position and has at least twenty-five years' other service with the State, or completed at least twenty-five years of credited service regardless of age. A solicitor is eligible to retire upon completion of twenty-four years of credited service regardless of age. Except as provided below, a person is not eligible to receive a retirement allowance under this system while under employment covered by the South Carolina Retirement System, and the South Carolina Police Officers Retirement System."
E. In the case of a solicitor, for purposes of calculating the additional monthly retirement allowance pursuant to Section 9-80-60(5) of the 1976 Code, any credited service rather than only active service in excess of twenty-four years must be included as long as the credited service is established before July 1, 2001./
F. This section takes effect July 1, 1998./
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.
Senators GLOVER and ELLIOTT proposed the following Amendment No. 170 (4700R322.MWG), which was adopted:
Amend the bill, as and if amended, Part II, Section 58(A), State Library, page 584, by adding a new appropriately numbered item:
/ State Library - Dillon Library 999,900/
Amend sections, totals and title to conform.
Senator DRUMMOND spoke on the amendment.
The amendment was adopted.
Senators DRUMMOND and SHORT proposed the following Amendment No. 182 (SFC\005.RDY), which was adopted:
Amend the bill, as and if amended, Part II, Section 58(A) , Parks, Recreation and Tourism, page 585, by adding a new appropriately numbered item:
/Parks, Recreation and Tourism -
Gayle Village Project 250,000/
Amend sections, totals and title to conform.
Senator DRUMMOND explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senators O'DELL and LANDER proposed the following Amendment No. 60 (BBM\9870HTC.98), which was tabled:
Amend the bill, as and if amended, Part II, Permanent Provisions, page 585, by adding an appropriately numbered SECTION at the end to read:
TO AMEND SECTION 12-37-251, AS AMENDED, OF THE 1976 CODE, RELATING TO THE EXEMPTION FROM PROPERTY TAXES FOR SCHOOL OPERATIONS OF THE FIRST ONE HUNDRED THOUSAND DOLLARS OF THE FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY AND THE REIMBURSEMENT TO SCHOOL DISTRICTS FOR THE TAXES NOT COLLECTED BECAUSE OF THE EXEMPTION, SO AS TO ADVANCE FROM DECEMBER FIRST TO OCTOBER FIRST THE DATE BY WHICH NINETY PERCENT OF THE REIMBURSEMENT MUST BE PAID.
A. Section 12-37-251(B) of the 1976 Code, as last amended by Section 15A, Part II, Act 155 of 1997, is further amended to read:
"(B) School districts must be reimbursed, in the manner provided in Section 12-37-270, for the revenue lost as a result of the homestead exemption provided in this section except that ninety percent of the reimbursement must be paid in the last quarter of the calendar year on December by October first."
B. This section takes effect July 1, 1998./
Renumber sections to conform.
Amend totals and title to conform.
Senators LANDER and BRYAN explained the amendment.
Senator SHORT spoke on the amendment.
Senator LAND moved to lay the amendment on the table.
The amendment was laid on the table.
Senators HAYES, SHORT and LEATHERMAN desired to be recorded as voting against the motion to table the amendment.
On motion of Senator DRUMMOND, with unanimous consent, further amendments to Part II were prohibited.
Senator DRUMMOND proposed the following Amendment No. 177 (ED\SBD\SD13), which was adopted:
Amend the bill, as and if amended, Part 1A, Section 5MB, Medical University of South Carolina, page 0095, after line 10 and before line 11, by inserting:
COLUMN 7
/Instructor (2.00)
/CRNA Clinical Instructor (2.00)
/Clinical Instructor (1.00)
Amend the bill, as and if amended, Part 1A, Section 5MB, Medical University of South Carolina, page 0095 , after line 07 and before line 08 , by inserting:
COLUMN 7
/Administrative Specialist II (12.00)
/Registered Nurse II (65.00)
/Nurse Administrator/Manager II (3.00)
/Occupational Therapist (2.00)
/Physical Therapist (2.00)
/Medical Assistant Technician I (5.00)
/Medical Assistant Technician II (6.00)
/Technical Medical Associate II (4.00)
Amend the bill, as and if amended, Part 1A, Section 5MA, Medical University of South Carolina, page 0086, after line 38 and before line 39, by inserting:
COLUMN 7
/Administrative Specialist II (1.00)
Amend the bill, as and if amended, Part 1A, Section 5MA, Medical University of South Carolina, page 0086, after line 40, by inserting:
COLUMN 7
Assistant Professor (4.00)
Clinical Assistant Professor (1.00)
Professor (1.00)
Instructor (2.00)
Amend the bill, as and if amended, Part 1A, Section 5MA, Medical University of South Carolina, page 0091, after line 14, and before line 15, by inserting:
COLUMN 7
Graphic Artist II (1.00)
Administrative Coordinator I (3.00)
Fiscal Technician I (7.00)
Fiscal Technician II (3.00)
Supply Specialist III (1.00)
Accounting Manager (1.00)
Administrative Specialist II (2.00)
Law Enforcement Officer I (5.00)
Environmental Health Manager II (1.00)
Accountant/Fiscal Analyst II (1.00)
Accountant/Fiscal Analyst III (2.00)
Information Resource Consultant I (1.00)
Amend the bill, as and if amended, Part 1A, Section 5MA, Medical University of South Carolina, page 0086, after line 06, and before line 07, by inserting:
COLUMN 7
Research Specialist II (16.00)
Fiscal Technician I (5.00)
Administrative Assistant (18.00)
Administrative Coordinator II (2.00)
Administrative Specialist II (2.00)
Licensed Practical Nurse (2.00)
Human Services Specialist II (1.00)
Statistical/Research Analyst I (2.00)
Statistical/Research Analyst II (2.00)
Amend the bill, as and if amended, Part 1A, Section 5MA, Medical University of South Carolina, page 0086, after line 08, and before line 09, by inserting:
COLUMN 7
Instructor (23.00)
Assistant Professor (32.00)
Professor (20.00)
Associate Professor (25.00)
Clinical Assistant Professor (1.00)
Amend the bill, as and if amended, Part 1A, Section 5MA, Medical University of South Carolina, page 0092, after line 14, and before line 15, by inserting:
COLUMN 7
Building/Grounds Supervisor (2.00)
Building/Grounds Specialist I (4.00)
Trades Specialist IV (4.00)
Engineering Associate II (1.00)
Engineering Associate III (1.00)
Amend the bill, as and if amended, Part 1A, Section 5MA, Medical University of South Carolina, page 0090, after line 03, and before line 04, by inserting:
COLUMN 7
Statistical & Research Analyst II (1.00)
Registered Nurse II (2.00)
Amend the bill, as and if amended, Part 1A, Section 5MA, Medical University of South Carolina, page 0090, after line 05, and before line 06, by inserting:
COLUMN 7
Associate Provost (1.00)
Assistant Professor (1.00)
Amend the bill, as and if amended, Part 1A, Section 5MA, Medical University of South Carolina, page 0090, after line 36, and before line 37, by inserting:
COLUMN 7
Assistant Professor (1.00)
Amend the bill, as and if amended, Part 1A, Section 5MA, Medical University of South Carolina, page 0089, after line 29, and before line 30, by inserting:
COLUMN 7
Information Resource Consultant I (1.00)
Computer Programmer II (2.00)
Library Technician Assistant (1.00)
Amend the bill, as and if amended, Part 1A, Section 5MA, Medical University of South Carolina, page 0089, after line 31, and before line 32, by inserting:
COLUMN 7
Associate Professor (1.00)
Senator DRUMMOND explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator MOORE proposed the following Amendment No. 156A (4700R325.TLM), which was adopted:
Amend the bill, as and if amended, Part IA, page 143, Section 10, item II, by adding after line 2 a new program to be appropriately designated to read:
Total Funds State Funds
Column (7) Column (8)
/______. SEXUAL PREDATOR
TREATMENT PROGRAM
PERSONNEL SERVICE
PSYCHOLOGIST III 28,000 28,000
(1.0) (1.0)
SOCIAL WORKER 21,000 21,000
(1.0) (1.0)
MENTAL HEALTH SPECIALIST 21,000 21,000
(2.0) (2.0)
NURSE 24,500 24,500
(1.0) (1.0)
TOTAL PERSONNEL SERVICES 94,500 94,500
(5.0) (5.0)
OTHER OPERATING EXPENSES 20,000 20,000
EMPLOYER CONTRIBUTIONS 26,365 26,365
TOTAL SEXUAL PREDATORS
TREATMENT 140,865 140,865
(5.0) (5.0)/
Amend sections, totals and title to conform.
Senator MOORE explained the amendment.
Senator GLOVER assumed the Chair at 6:20 P.M.
Senator MOORE continued explaining the amendment.
Senator MOORE moved that the amendment be adopted.
The amendment was adopted.
The Senate proceeded to a consideration of Part 1B.
Senators MATTHEWS, HUTTO, GLOVER, ELLIOTT, SHORT and WASHINGTON proposed the following Amendment No. 186 (SFC\017.RDY), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, Department of Education, page 395, on line 32, by adding a new appropriately numbered proviso to read:
/1.__. (SDE: Kindergarten Set Aside) Of the funds appropriated for the reduction of class size, grades kindergarten through grade three, $500,000 shall be set aside for FY 1998-99 only, to offset any errors in the full-day kindergarten pupil count for FY 1997-98./
Amend sections, totals and title to conform.
Senator HUTTO explained the amendment.
Senator SETZLER spoke on the amendment.
The amendment was adopted.
Senators PEELER and BRANTON proposed the following Amendment No. 154 (GJK\21539SD.98), which was adopted:
Amend the bill, as and if amended, by Part 1B, Section 1, State Department of Education, page 394, by striking Proviso 1.38 and inserting:
/1.38. (SDE: School Bus Specifications Committee) Prior to the expenditure of funds appropriated for new school buses, there shall be established within the Department of Education a Specifications Committee.
All potential responsive school bus vendors shall be given an opportunity to appear before the Specifications Committee to present their recommendations for school buses purchased by the State. Not until after the presentations are made will the Committee adopt specifications for submittal to the Materials Management Office for procurement administration and review by the Budget and Control Board.
Both Type C front engine and Type D rear engine bus configurations shall be approved and available for purchase in passenger categories
above thirty-six pupils regardless of bus application. The term of any contract awarded as a result of a Type D solicitation shall not extend beyond June 30, 1999./
Renumber sections to conform.
Amend totals and title to conform.
Senator PEELER explained the amendment.
The amendment was adopted.
Senator WALDREP proposed the following Amendment No. 185 (4700R328.RLW), which was tabled:
Amend the bill, as and if amended, Part 1B, Section 1 - Department of Education, page 394, line 28, by striking / one year /
and inserting / four years /.
Amend sections, totals and title to conform.
Senator WALDREP explained the amendment.
Senator SETZLER moved to lay the amendment on the table.
The amendment was tabled.
Senator FAIR proposed the following Amendment No. 151 (PSD\7411HTC.98), which was adopted:
Amend the bill, as and if amended, Part 1B, Section 1A, page 402, beginning on line 30, by striking paragraph 1A.44 and inserting:
/1A.44(SDE-EIA:X-Problem Solving Skills). It is not the intent of the General Assembly that the instruction in higher order thinking skills promote New Age religion or any other religion, faith, or belief./
Senator FAIR explained the amendment.
Senator SETZLER spoke on the amendment.
The amendment was adopted.
Senators ALEXANDER and SETZLER proposed the following Amendment No. 153 (SFC\012.RDY), which was adopted:
Amend the bill, as and if amended, Part IB, Section 5N, Technical & Comprehensive Education Board, page 415, Proviso 5N.7, lines 23 through 25, by striking the proviso in its entirety and inserting the following:
/5N.7. (TEC: NC/GA Reciprocal) The South Carolina Technical Colleges may offer in-state tuition to the bordering North Carolina and Georgia communities when a negotiated reciprocal agreement is in effect with the two-year colleges in these neighboring regions and when students from these out-of-state communities are employed by South Carolina employers who pay South Carolina taxes./
Amend sections, totals and title to conform.
Senator ALEXANDER explained the amendment.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 157B (SFC\021.BBH), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, Department of Health and Environmental Control, page 421, Proviso 8.26, line 1, by inserting the proviso to read:
/8.26. (DHHS: Chiropractic Services) From the funds appropriated herein, the Department is directed to provide coverage for chiropractic services determined necessary by a licensed medical doctor for Medicaid eligible recipients./
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
The amendment was adopted.
The PRESIDENT assumed the Chair at 6:35 P.M.
Senator DRUMMOND proposed the following Amendment No. 176A (4700R241.JD), which was adopted:
Amend the bill, as and if amended, Part IB, page 461, lines 25-29, by striking Proviso 50.7 in its entirety and inserting in lieu thereof:
/ 50.7. (LLR: POLA - 110%, Other Funds) The Professional and Occupational Licensing Agencies Offices in Program "IV. II.F. Professional and Occupational Licensing Offices", within the Department of Labor, Licensing, and Regulation, must generate revenue at least equal to 110% of their expenditures with 10% deposited to the General Fund must remit annually an amount equal to 10% of the expenditures to the General Fund. The Contractor's Licensing Board must remit all revenues above their expenditures to the General Fund, which except $100,000 which must be allocated to the College of Engineering at Clemson University for research pertaining to the construction industry. The revenue remitted by the Contractor's Licensing Board to the General Fund includes the 10%. /
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 FAIR proposed the following Amendment No. 148 (PT\1946AC.98), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72 - General and Temporary, by adding an appropriately numbered paragraph to read:
/72.______ (State Funds Prohibited for Abortions) (A) Notwithstanding any other provision of law, no state funds shall be used to pay for an abortion, either directly or indirectly. No state funds shall be expended, either directly or indirectly, to any institution, agency, or organization that provides, performs, or promotes abortion.
(B) Subparagraph (A) does not apply to any abortion that is necessary to save the life of the mother whose life is endangered by a physical disorder, physical illness, or physical injury if no other medical procedure would suffice for the purpose.
(C) For purposes of subparagraph (A), "state funds" are those which are administered under programs which receive no federal funding, or are not necessary for the receipt of Federal Financial Participation or federal funding.
(D) In the event of a determination by the federal agency which controls the federal funding that this paragraph jeopardizes the state's receipt of the federal funding, then subparagraph (A) is suspended as of the date of that determination./
Renumber sections to conform.
Amend totals and title to conform.
Senator FAIR explained the amendment.
Senator HUTTO moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Cork Courtney Drummond Elliott Glover Gregory Hutto Jackson Land Leventis Matthews McConnell McGill Mescher Moore Passailaigue Patterson Rankin Reese Short Smith, J. Verne Washington
Alexander Branton Bryan Courson Fair Giese * Grooms Hayes Lander Leatherman Martin Peeler Ravenel Russell Ryberg Setzler Thomas Waldrep Wilson
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The amendment was laid on the table.
We could not vote for this amendment. It did not allow any exception for pregnancies based on incest or rape. Public funds should not be available for abortion on demand. But, if a person is raped, a child is sexually abused or a daughter is impregnated by a family member, the victim should not be denied access simply because some public funds might be used. This amendment is extreme and too broad and is not prudently respectful of victims.
Senator DRUMMOND asked unanimous consent to make a motion that no further amendments to the Bill be received at the desk with the exception of a technical amendment proposed by Senator SETZLER and the necessary balancing amendments to be delivered to and certified by the Clerk along with any amendments necessary to effect technical corrections.
There was no objection.
Senator FAIR proposed the following Amendment No. 163 (4700R239.MLF), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, by adding an appropriately numbered new paragraph to read:
/72. .__(GP: Parental Notification Required for Contraceptives for Minors Under Age Sixteen) Notwithstanding any other provision of law, when any state agency uses funds under its control to provide or prescribe contraceptives to a minor fifteen years of age or younger, the parents or guardian of the minor shall be notified, unless otherwise prohibited by the enforcement of a determination of a federal agency or court of competent jurisdiction or if implementation of this provision would cause a loss of federal funds for which the State would be otherwise eligible./
Amend sections, totals and title to conform.
Senator FAIR explained the amendment.
Senator HUTTO argued contra to the adoption of the amendment.
Senator MESCHER moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Cork Drummond Glover Hutto Jackson Land Leventis Matthews Mescher Passailaigue Patterson Short Washington
Alexander Branton Bryan Courson Courtney Fair Gregory Grooms Hayes Lander Leatherman Martin McConnell McGill Moore Peeler Rankin Ravenel Reese Russell Ryberg Setzler Smith, J. Verne Thomas Waldrep Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator PATTERSON argued contra to the adoption of the amendment.
Senator SHORT argued contra to the adoption of the amendment.
Senator JACKSON argued contra to the adoption of the amendment.
Senator PASSAILAIGUE argued contra to the adoption of the amendment.
Senator CORK moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Cork Drummond Elliott Glover Hutto Jackson Land Lander Leventis Matthews McConnell McGill Mescher Moore Passailaigue Patterson Rankin Ravenel Reese Short Smith, J. Verne Waldrep Washington
Alexander Branton Bryan Courson Courtney Fair Gregory Grooms Hayes Leatherman Martin Peeler Russell Ryberg Setzler Thomas Wilson
The amendment was laid on the table.
On motion of Senator DRUMMOND, with unanimous consent, further amendments to the Bill would be prohibited.
Amendment No. 163 represents a misguided attempt to regulate individual behavior and promote individual responsibility. I am the father of five children, including four daughters. I have personally preached the virtue and value of abstinence before marriage. I am blessed that three of my daughters are happily married and one has a beautiful two-year-old son. I am not naive enough to believe that many teens are sexually active before marriage. Tragically, this amendment impacts the very people that can least afford birth control methods. If this amendment passed and became law, there would be many more unwanted pregnancies and an increase in sexually transmitted diseases. Further, this is against federal law and would cost South Carolina $4.2 million in federal money. Statistically, 120,000 people access this program, of which 7,000 are teens. I cannot in good conscience vote for such an amendment that would have such a detrimental result.
I believe that parents should be notified and that is why I initially voted to table. However, further debate has indicated that children with money can buy condoms without parental consent at stores. These government financed distributions occur to children of poor families whose children can't afford to go into stores and buy the condoms. Thus, this will result in more illegitimate children being born to young poor children who are sexually active. The amendment appears to be unconstitutional as a violation of equal protection, and I must be respectful of people's rights. This appears to be an attempt to make it appear that, if you don't support this amendment, then you are for the distribution of condoms to minors without parental consent. The responsible thing to do is to oppose legislation which unfairly treats one segment of the population differently from another and which enhances illegitimate births. If the amendment required parental consent for anyone under age 18 to buy or receive a condom then it would have been constitutional and not subject to the constitutional defect of equal protection. The issue would have squarely been parental consent.
Senators LAND and LANDER proposed the following Amendment No. 173 (PT\1949AC.98), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, Paragraph 72.94, page 518, line 2 by deleting / FY 1998-99 / and inserting / the period of July 1, 1998 through April 30, 1999 /
Renumber sections to conform.
Amend totals and title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senators SETZLER, LAND and PASSAILAIGUE proposed the following Amendment No. 180 (ED\SBD\SD15), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 518, after line 15, by adding and new proviso to read:
(GP: Undesignated Surplus) Of the undesignated surplus for FY 1997-98, as determined by the Comptroller General at the closing of the FY 1997-98 accounting year, any undesignated surplus not otherwise appropriated in Part III, Section 3, shall be used to increase the percentage of tuition and fees covered by the tuition tax credit provided for in Part II, Section 13 of this Appropriations Bill. These funds shall be used to provide an equal percentage increase to all those eligible for the tax credit.
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 GROOMS proposed the following Amendment No. 191 (4700R329.LKG), which was carried over and later withdrawn:
Amend the bill, as and if amended, Part IB, Section 72 - General and Temporary, by adding an appropriately numbered paragraph to read:
/72. (State Funds Prohibited for Abortions) (A) Notwithstanding any other provision of law, no state funds shall be directly used to pay for an abortion. No state funds shall be directly expended, to any institution, agency, or organization that provides, performs, or promotes abortion.
(B) Subparagraph (A) does not apply to any abortion that is necessary to save the life of the mother whose life is endangered by a physical disorder, physical illness, or physical injury if no other medical procedure would suffice for the purpose. Subparagraph (A) does not apply to any abortion to terminate a pregnancy that resulted from rape or incest.
(C) For purposes of subparagraph (A), "state funds" are those which are administered under programs which receive no federal funding, or are not necessary for the receipt of Federal Financial Participation or federal funding.
(D) In the event of a determination by the federal agency which controls the federal funding that this paragraph jeopardizes the state's receipt of the federal funding, then subparagraph (A) is suspended as of the date of that determination./
Amend sections, totals and title to conform.
Senator GROOMS explained the amendment.
Senator CORK moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Cork Drummond Glover Hutto Jackson Land Leventis Matthews McGill Passailaigue Patterson Short Washington
Alexander Branton Bryan Courson Courtney Elliott Fair Gregory Grooms Hayes Lander Leatherman Martin McConnell Mescher Moore Peeler Rankin Ravenel Reese Russell Ryberg Setzler Smith, J. Verne Thomas Waldrep Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator CORK argued contra to the adoption of the amendment.
On motion of Senator DRUMMOND, with unanimous consent, the amendment was carried over, with Senator CORK retaining the floor.
Senators HOLLAND, HUTTO, BRANTON, J. VERNE SMITH, GLOVER and LANDER proposed the following Amendment No. 192 (SFC\925.DGJ), which was adopted:
Amend the bill, as and if amended, Part IA, Section 12, Department of Alcohol & Other Drug Abuse Services, page 151, line 28, by:
COLUMN 7 COLUMN 8
/ STRIKING: 2,079,930 2,079,930
and INSERTING: 2,190,436 2,190,436/
Amend sections, totals and title to conform.
Senator HUTTO explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senators LEATHERMAN and MOORE proposed the following Amendment No. 187B (4700R331.HKL), which was adopted:
Amend the bill, as and if amended, Part IB, page 483, Proviso 63B.7, striking lines 6 through 15, and inserting:
/(BCB/DO: OGS - Computerized Solicitations) The General Assembly directs that all state agencies, institutions, colleges and universities governed by the provisions of Chapter 35 of Title 11 of the 1976 Code must publish and distribute all invitations for bids, requests for proposals, requests for competitive sealed proposals, competitive sealed bids and competitive best value bids through an Internet accessible list serve system, e-mail system, or other Internet accessible electronic system. The distribution system must be established and maintained by the Materials Management Office of the Budget and Control Board. Subject to Chapter 35 of Title 11 of the 1976 Code, except for Sections 11-35-1560 and 11-35-1570, the Budget and Control Board may contract for the implementation of this service from funds available to the Board. This service must be made available to all state agencies and the Board may not charge agencies a fee for this service./
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senators LEATHERMAN, MOORE and SETZLER proposed the following Amendment No. 189 (SBD\SD18), which was adopted:
Amend the bill, as and if amended, Part III, SECTION 2, page 588, item 28, by striking:
/(c) Business Gateway 150,000/
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
Senator LEVENTIS spoke on the amendment.
The amendment was adopted.
Having voted on the prevailing side, Senator SETZLER asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 101A was adopted.
There was no objection.
On motion of Senator SETZLER, with unanimous consent, Amendment No. 101A was withdrawn.
Senators J. VERNE SMITH, PASSAILAIGUE, THOMAS, FAIR and BRYAN proposed the following Amendment No. 193 (SBD\SD19), which was adopted:
Amend the bill, as and if amended, Part II, Section 13, page 553, line two by adding after the word learning and before the word during the following:
/or a designated institutition as provided for within/
Amend the bill, as and if amended, Part II, Section 13, page 553, by adding after line 9 the following:
/(2) A designated 'Institution of higher learning' means a public or independent bachelor's level institution chartered before 1962 whose major campus and headquarters are located within South Carolina; or an independent bachelor's level institution which has attained 501(C)3 tax status and is accredited by the Southern Association of Colleges and Secondary Schools or the New England Association of Colleges and Schools; or a public or independent two-year institution which has attained 501(C)3 tax status. Institutions whose sole purpose is religious or theological training, or the granting of professional degrees do not meet the definition of 'Institution of higher learning' as defined in this section./
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
The Senate proceeded to a consideration of Part III.
Senator SETZLER proposed the following Amendment No. 181 (SBD\SD7), which was adopted:
Amend the bill, as and if amended, Part III, Section 2, State Museum, page 587, item 12, by inserting after line 4 and before line 5 the following proviso:
/Of the funds appropriated for Local Museum Initiative, $100,000 shall be allocated to the Lee County Cotton Museum and $25,000 shall be allocated to the Cayce Museum./
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
Senator JACKSON proposed the following Amendment No. 34 (SFC\903.DGJ), which was adopted:
Amend the bill, as and if amended, Part III, Section 3, page 588, by adding:
/Department of Archives and History
South Carolina African American Heritage Council $100,000/
Amend sections, totals and title to conform.
Senator JACKSON explained the amendment.
The amendment was adopted.
Senators RANKIN, ALEXANDER and LEVENTIS proposed the following Amendment No. 4A (4700R332.LAR), which was adopted:
Amend the bill, as and if amended, Part III, Page 588, Section 3, by inserting after line 21a new item to be appropriately numbered to read:
/( ) Department of Parks, Recreation and Tourism:
Restoration of Reserves 3,500,000
( ) Of the funds appropriated in this item for the Department of Parks, Recreation and Tourism for Restoration of Reserves, the department is authorized to repay cash flow loans from the Park and Recreation Development Fund and to fund agency operations as needed for fiscal year 1998-99. Any unexpended funds may be carried forward to succeeding fiscal years and expended for the same purposes./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RANKIN explained the amendment.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 13 (4700R503.ELP), which was tabled:
Amend the bill, as and if amended, Part III, Section 3, page 588, after line 21, by adding an appropriately numbered new item to read:
/( ) Trident Technical College, Laboratory
Facility 800,000/
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. 26 (SFC\003.BBH), which was tabled:
Amend the bill, as and if amended, Part III, Section 3, page 588, after line 21, after item 11 by adding an appropriately numbered item to read:
/( ) Department of Transportation - Workers
Compensation Claims Reimbursement $2,400,000/
Amend totals and title to conform.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senators BRYAN and THOMAS proposed the following Amendment No. 72A (SFC\018.RDY), which was adopted:
Amend the bill, as and if amended, Part III, Section 2, Department of Health and Environmental Control, page 587, item 13, by inserting a new appropriately numbered item:
/Department of Health and Environmental Control
Golden Strip Human Resources Center $100,000 /.
Amend sections, totals and title to conform.
Senator BRYAN explained the amendment.
The amendment was adopted.
Senator GROOMS proposed the following Amendment No. 105 (4700R207.LKG), which was tabled:
Amend the bill, as and if amended, Part III, Section 3, page 588, after line 21, by adding an appropriately numbered new subitem to read:
/( ) Cross Community Public Library, Berkeley County $125,000/
Amend sections, totals and title to conform.
Senator GROOMS explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senators GROOMS, WASHINGTON and MATTHEWS proposed the following Amendment No. 106 (4700R204.LKG), which was tabled:
Amend the bill, as and if amended, Part III, Section 3, page 588, after line 21, by adding an appropriately numbered subitem to read:
/( ) Department of Health and Environmental Control:
Office Improvements, Colleton County 1,000,000/
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 RANKIN proposed the following Amendment No. 190 (SFC\910.DGJ), which was withdrawn:
Amend the bill, as and if amended, Part III, Section 3, page 588, by adding an appropriately numbered item to read:
/( ) Department of Parks, Recreation and Tourism: Socastee Community Park $300,000/
Amend Sections, Totals And Title To Conform.
On motion of Senator RANKIN, with unanimous consent, the amendment was withdrawn.
Senators SETZLER and PASSAILAIGUE proposed the following Amendment No. 2A (SBD\SD17), which was adopted:
Amend the bill, as and if amended, PART III, Section 4, page 588, by adding after line 29 the following:
/Of the undesignated surplus for FY 1997-98, as determined by the Comptroller General at the closing of the FY 1997-98 accounting year, any undesignated surplus not otherwise appropriated in Part III, Section 3, shall be used to increase the percentage of tuition and fees covered by the tuition tax credit provided for in Part II, Section 13 of this Appropriations Bill. These funds shall be used to provide an equal percentage increase to all those eligible for the tax credit./
Amend sections, totals, and title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
Amendment No. 191 (4700R329.LKG) proposed by Senator GROOMS and previously carried over was taken up for immediate consideration:
Amend the bill, as and if amended, Part IB, Section 72 - General and Temporary, by adding an appropriately numbered paragraph to read:
/72. (State Funds Prohibited for Abortions)
(A) Notwithstanding any other provision of law, no state funds shall be directly used to pay for an abortion. No state funds shall be directly expended, to any institution, agency, or organization that provides, performs, or promotes abortion.
(B) Subparagraph (A) does not apply to any abortion that is necessary to save the life of the mother whose life is endangered by a physical disorder, physical illness, or physical injury if no other medical procedure would suffice for the purpose. Subparagraph (A) does not apply to any abortion to terminate a pregnancy that resulted from rape or incest.
(C) For purposes of subparagraph (A), "state funds" are those which are administered under programs which receive no federal funding, or are not necessary for the receipt of Federal Financial Participation or federal funding.
(D) In the event of a determination by the federal agency which controls the federal funding that this paragraph jeopardizes the state's receipt of the federal funding, then subparagraph (A) is suspended as of the date of that determination./
Amend sections, totals and title to conform.
Senator CORK argued contra to the adoption of the amendment.
This is an amendment that would have a significant negative financial impact on this State and for that reason I am compelled to vote against it. The Medical University of South Carolina, our major teaching hospital, would have its federal medical funding jeopardized. Further, state employee insurance plans would be at risk. Finally, the federal government has yet to conclude this matter and we do not have a "comfort" level with our federal programs and the related $2 billion would be at risk.
At 8:55 P.M., with Senator CORK retaining the floor, on motion of Senator LAND, with unanimous consent, the Senate receded from business not to exceed 5 minutes.
At 9:00 P.M., the Senate resumed.
S. 697 -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-85 SO AS TO PROHIBIT THE USE OF STATE FUNDS TO PAY FOR AN ABORTION UNLESS NECESSARY TO AVERT THE RISK OF DEATH TO THE PREGNANT WOMAN.
Senator MOORE asked unanimous consent to make a motion to recall the Bill from the Committee on Medical Affairs.
There was no objection.
On motion of Senator MOORE, with unanimous consent, the Bill was ordered placed on the Calendar.
Senator MATTHEWS proposed the following Amendment No. 166A (4700R323.JWM), which was adopted:
Amend amendment number 187B, (4700R331.HKL) by adding a new sentence at the end of the paragraph to read:
/Provided further, contracts for amounts of ten thousand dollars or less are exempt from the provisions of this section./
Amend sections, totals and title to conform.
Senator MATTHEWS explained the amendment.
The amendment was adopted.
Senator O'DELL proposed the following Amendment No. 194 (DKA\4970AC.98), which was adopted:
Amend the bill, as and if amended, Part II, SECTION 31, page 560, line 7, by deleting subsection B. and inserting:
/B. The effect of this amendment is to clarify and express the intent of the General Assembly that the sales tax application of the sale of firefighting vehicles must include in the calculation of the maximum tax all equipment installed, provided, or supplied with the vehicle and included in the purchase price at the time of the sale of the vehicle, not including individual firefighter's protective clothing.
C. This section takes effect June 29, 1999./
Reletter subsections to conform.
Amend totals and title to conform.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator DRUMMOND asked unanimous consent to make a motion that the Clerk, in conjunction with the staff of the Senate Finance Committee, be authorized to prepare, certify, and include the necessary balancing amendments and other amendments necessary to affect technical corrections and that such amendments be adopted, whereupon the Bill will be given a third reading.
There was no objection.
The Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
Senators WILSON and FAIR desired to be recorded as voting against the third reading of the Bill.
I wish the record to reflect that had there been a roll call vote on the inclusion of Part II, Section 58, I would have voted "no."
I wish to be recorded as voting against H. 4700, the Appropriation Bill. The reason for this action is that I believe that the bond bill attached to the Bill us unnecessary. Should any of the listed items be of high priority they should have been included in the base budget thereby eliminating the need for excess spending through the proposed bond bill.
H. 4702 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1997-98.
On motion of Senator DRUMMOND, with unanimous consent, the Joint Resolution was taken up for immediate consideration.
The Senate proceeded to a consideration of the Joint Resolution, the question being the third reading of the Joint Resolution.
Senator WILSON proposed the following Amendment No. 1 (SFC\20.BBH), which was tabled:
Amend the bill, as and if amended, Section 1, page 2, by striking item 37 on line 40 which reads:
/(37) Clemson PSA - Meat Inspection 200,000/
and inserting in its place the following:
/(37) PRT: Lexington Equestrian Center 200,000/
Amend sections, totals and title to conform.
Senator WILSON explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
There being no further amendments, the Joint Resolution was read the third time, passed and ordered returned to the House of Representatives with amendments.
Senator FAIR desired to be recorded as voting against the third reading of the Joint Resolution.
Senator DRUMMOND moved that, when the Senate adjourns on Friday, May 8, 1998, it stand adjourned to meet next Tuesday, May 12, 1998, at 12:00 Noon, which motion was adopted.
At 9:18 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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