Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 10:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, a word for budget times, St. Luke 12:33-34:
"Make purses for yourselves that do not wear out, an unfailing treasure in heaven, where no thief comes near and no moth destroys. For where your treasure is, there your heart will be also."
Let us pray.
Father, indeed we do need to know what really are the important things in life. What are the things that should come first in our stewardship? Are they the things that represent our people's basic needs and necessities? What and who should make the first claim on our resources?
Bind us together, O Lord, in a bond of unity based on respect for each other and confidence in the good will of each.
Help us as we labor together to realize that we are Kingdom builders manifesting and distributing the love and mercy of God because we are, rich or poor, His children together!
Amen.
Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator LEATHERMAN moved that a Call of the Senate be made. The following Senators answered the call:
Alexander Anderson Branton Bryan Courson Courtney Drummond Fair Giese Grooms Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher O'Dell Passailaigue Peeler Ravenel Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Wilson
A quorum being present, the Senate resumed.
Senators RANKIN, FORD, PATTERSON, CORK, GREGORY, MOORE, REESE, RUSSELL and GLOVER recorded their presence subsequent to the Call of the Senate.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received and referred to the appropriate committee for consideration:
Document No. 2295
Promulgated by Department of Social Services
Supplemental Benefits for Adoption and Medical Assistance
Received by Lt. Governor April 22, 1998
Referred to Senate General Committee
120 day review expiration date August 20, 1998
The following was received:
Document No. 2269
Promulgated by Department of Social Services
Child Support Guidelines
Received by Lt. Governor April 2, 1998
Referred to Senate Committee on Judiciary
120 day review expiration date (revised) August 3, 1998
Withdrawn and resubmitted May 1, 1998
At 10:00 A.M., the leave of absence granted to Senator RYBERG for the week was rescinded.
At 10:15 A.M., Senator GIESE requested a leave of absence beginning Thursday, May 7, 1998, at 4:00 P.M. and lasting until Friday, May 8, 1998, at 6:00 P.M.
At 10:20 A.M., Senator SETZLER requested a leave of absence for Wednesday, May 6, 1998, for the purpose of attending the graduation of his daughter.
On motion of Senator MATTHEWS, at 10:35 A.M., Senator WASHINGTON was granted a leave of absence until 4:00 P.M.
At 10:40 A.M., Senator McGILL requested a leave of absence from 11:30 A.M. until 7:00 P.M., on Wednesday, May 6, 1998.
At 12:15 P.M., Senator LEVENTIS requested a leave of absence for Friday, May 8, 1998, from 8:00 A.M. until 12:00 Noon.
At 3:05 P.M., Senator THOMAS requested a leave of absence from 4:30-5:30 P.M. today and 10:00-11:00 A.M. tomorrow.
Senator MOORE was recognized to address the Senate and made a report on behalf of the subcommittee regarding the recent Order of the U.S. District Court and its review of the subcommittee's draft report.
On motion of Senator MOORE, with unanimous consent, the Order of the U.S. District Court was ordered printed in the Journal as follows:
UNITED STATES OF AMERICA ) CRIMINAL NO. 3:90-00434
vs. )
LARRY BLANDING )
_________________________ )
UNITED STATES OF AMERICA ) CRIMINAL NO. 3:91-00091
vs. )
PAUL WAYNE DERRICK )
_________________________ )
UNITED STATES OF AMERICA ) CRIMINAL NO. 3:91-00384
vs. )
JEFFERSON MARION LONG, JR. )
__________________________ )
By Order dated January 16, 1998, the court granted the motion of Senator Thomas L. Moore, Chairman of the Subcommittee to Investigate the Special Capital Gains Tax Provision of the Senate of the State of South Carolina (hereinafter "the Subcommittee"), for access to the evidence room established in the above-captioned "Lost Trust" cases. The Order prohibited use or disclosure of the materials by the Subcommittee absent approval of the United States or order of the court. The Subcommittee filed notice with the United States that it desired to use certain materials both for the questioning of witnesses and within its final report to the South Carolina Senate. The United States responded in opposition to the public filing of these materials but not to their use to question witnesses. The Subcommittee replied to the United States' requested prohibition on use of the evidence room materials in its Final Report and filed, under seal, with the court a Draft Report to exemplify the Subcommittee's intended use to the court. The United States then filed a response.
The court has reviewed the documents before it and the applicable law. In addition, this court has had eight years' experience with these cases from which it can draw in ruling on this matter. Although the documents which are the subject of this motion relate to materials in addition to grand jury testimony, the court notes that the Supreme Court, in addressing the disclosure of grand jury testimony, has stated: "...the federal trial courts as well as the Courts of Appeals have been nearly unanimous in regarding disclosure as committed to the discretion of the trial judge. Our cases announce the same principle, and Rule 6(e) is but declaratory of it." Pittsburgh Plate Glass Co. v. U.S., 360 U.S. 395, 399, 79 S.Ct. 1237, 3 L.Ed.2d 1323 (1959). Other cases cite to the lifting of secrecy "discretely and limitedly." See United States v. Proctor &Gamble, 356 U.S. 677, 683, 78 S.Ct. 983, 2 L.Ed.2d 1077 (1958).
This court believes that its ruling in this matter would grant such limited use to the Senate Subcommittee as to allow it to timely meet its mandate from the South Carolina State Senate without flying in the face of Rule 6(e) or prejudicing the United States. It is of the opinion of this court that the vast majority of the information contained in the text of the Draft Report resulting from the Subcommittee's use of the sealed documents in question, including references to grand jury testimony, is already in the public domain as a result of the defendants' motions to dismiss, the public hearings on those motions, and this court's order of February 28, 1997, as well as the public hearings held by the Senate Subcommittee.[1] It would strain this court's imagination to believe that the information used in the draft includes any surprises. It is well-established that this court believes the time is long past when the truth of this entire matter should be made public and the matter laid to rest.
[1] The government argues that the Subcommittee could have used the information it now seeks to include in its report to question the witnesses who appeared before the Subcommittee in open hearings. The Subcommittee counters that, due to the delay in access to these documents, many of the witnesses had already testified prior to the material being available to it. In any event, the United States' argument that the information should remain undisclosed is weakened by the fact that, had the Subcommittee been privy to the documents when questioning these witnesses, the information would have then become public.
It is also the opinion of this court, however, that the publication of the sealed documents attached to the report as exhibits is not appropriate at this time.
Therefore, it is the order of this court that the text of the Senate Subcommittee's Draft Report may be submitted to the Senate in substantially the same form as the Draft Report submitted to this court for in camera review, including references to the documents under seal; provided, however, that the copies of the sealed documents attached may not be included as a part of the Final Report.
It is the further order of this court that the United States' contingency motion for a stay pending appeal be, and the same is, denied.
The United States had sought and received several days ago a contingency ruling that its motion to stay pending appeal would not be granted and has had sufficient time to prepare for any recourse from this order that may be available to it. The South Carolina Senate will adjourn its current two-year session, sine die, on June 4, 1998. The submission of the Subcommittee's Final Report is already overdue, and the mandate to the Subcommittee has expired. It no longer has any authority other than to sign-off on the Final Report and submit that Report to the Senate. Therefore, the United States' alternative oral motion for a forty-eight (48) hour stay, which was argued by the parties via telephone conference this date, is also denied.
The following were introduced:
S. 1226 (Word version) -- Senator McGill: A BILL TO AMEND ARTICLE 5, CHAPTER 1, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, 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.
Read the first time and referred to the Committee on Finance.
S. 1227 (Word version) -- Senator Lander: A BILL TO AMEND SECTION 20-7-473, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF MARITAL AND NON-MARITAL PROPERTY, SO AS TO DEFINE STATE RETIREMENT BENEFITS AS NON-MARITAL PROPERTY IN CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 9-18-20 OF THE 1976 CODE, RELATING TO THE PAYMENT OF BENEFITS BY A STATE RETIREMENT SYSTEM PURSUANT TO A QUALIFIED DOMESTIC RELATIONS ORDER, SO AS TO PROVIDE THAT A VIOLATION OF SECTION 20-7-473(6) IS GROUNDS FOR REJECTING A DOMESTIC RELATIONS ORDER.
Read the first time and referred to the Committee on Judiciary.
S. 1228 (Word version) -- Senators Wilson, Leventis, Hayes, Branton, Ravenel and Lander: A BILL TO AMEND SECTION 56-3-1815, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S AUTHORITY TO ISSUE SPECIAL LICENSE PLATES TO RETIRED MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ALSO ISSUE A SPECIAL LICENSE PLATE TO A MEMBER OF THE SOUTH CAROLINA STATE GUARD; TO AMEND SECTION 56-3-1820, AS AMENDED, RELATING TO THE DESIGN OF, FEE FOR, AND DURATION OF THE NATIONAL GUARD SPECIAL LICENSE PLATE AND THE DENOTATION OF A RETIRED NATIONAL GUARD MEMBER'S STATUS ON THE LICENSE PLATE, SO AS TO PROVIDE THAT THE SPECIAL LICENSE PLATE MAY HAVE NATIONAL GUARD OR STATE GUARD ALSO PRINTED ON IT WITH NUMBERS, OR LETTERS, OR BOTH, AND TO DELETE THE REQUIREMENT THAT A RETIRED NATIONAL GUARD MEMBER'S RETIRED STATUS MUST BE DENOTED ON THE SPECIAL LICENSE PLATE; TO AMEND SECTION 56-3-1830, RELATING TO THE TRANSFER OF A NATIONAL GUARD SPECIAL LICENSE PLATE TO ANOTHER VEHICLE, ITS DISPLAY ON AN UNAUTHORIZED VEHICLE, AND ITS RETURN TO THE DEPARTMENT OF PUBLIC SAFETY ONCE THE HOLDER CEASES TO BE A MEMBER OF THE NATIONAL GUARD, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO A STATE GUARD SPECIAL LICENSE PLATE; AND TO REPEAL SECTIONS 56-3-4710, 56-3-4720, 56-3-4730, AND 56-3-4740 RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE SOUTH CAROLINA STATE GUARD.
Read the first time and referred to the Committee on Transportation.
S. 1229 (Word version) -- 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.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 3069 (Word version) -- Reps. Limehouse, Seithel, Bailey and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3500 SO AS TO ALLOW A NONREFUNDABLE CREDIT AGAINST A TAXPAYER'S STATE INCOME TAX LIABILITY FOR A PORTION OF THE TAXPAYER'S CASH INVESTMENT IN A QUALIFIED SOUTH CAROLINA FILM ENTERPRISE, TO PROVIDE DEFINITIONS, AND TO PROVIDE AN ADDITIONAL STATE CORPORATE INCOME TAX CREDIT FOR AMOUNTS INVESTED IN THE CONSTRUCTION OF A MOTION PICTURE PRODUCTION FACILITY IN THIS STATE.
Read the first time and referred to the Committee on Finance.
H. 3826 (Word version) -- 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.
Read the first time and referred to the General Committee.
H. 4378 (Word version) -- Reps. Wilkins, Cotty, Whipper, Harrison, T. Brown, Knotts, Mason, Sandifer, Simrill, Stille, Stuart, Riser, Moody-Lawrence, Walker and Meacham: A BILL TO ENACT THE "MAGISTRATES COURT REFORM ACT OF 1998" INCLUDING PROVISIONS TO ADD SECTION 9-11-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT MAGISTRATES MAY PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; TO AMEND SECTION 22-1-10, AS AMENDED, RELATING TO APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT COURT ADMINISTRATION AFTER CONSULTING WITH EACH COUNTY GOVERNING BODY SHALL INFORM THE SENATORS REPRESENTING THE COUNTY OF THE NUMBER OF POSITIONS AVAILABLE IN THE COUNTY, THE NUMBER OF WORK HOURS REQUIRED BY EACH POSITION, THE COMPENSATION FOR EACH POSITION, AND THE AREA OF THE COUNTY TO WHICH EACH POSITION IS ASSIGNED; TO REQUIRE THAT ON OR AFTER MAY 1, 2002, A MAGISTRATE AT THE TIME OF HIS APPOINTMENT MUST HAVE RECEIVED A TWO-YEAR ASSOCIATE DEGREE; AND THAT ON OR AFTER MAY 1, 2006, A MAGISTRATE AT THE TIME OF HIS APPOINTMENT MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE; TO ADD SECTION 22-1-12 SO AS TO REQUIRE THAT A MAGISTRATE COMPLETE CERTAIN TRIAL OBSERVATIONS PRIOR TO TRYING CASES; TO AMEND SECTION 22-1-15, RELATING TO THE PERSONS PRESENTLY SERVING AS MAGISTRATES, SO AS TO REQUIRE THAT A MAGISTRATE CONTINUING TO SERVE ON MAY 1, 2002, MUST HAVE RECEIVED A TWO-YEAR ASSOCIATE DEGREE AND THAT A MAGISTRATE CONTINUING TO SERVE ON OR AFTER MAY 1, 2006, MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE AND TO PROVIDE THAT MAGISTRATES SERVING ON JULY 1, 1998, SHALL NOT BE REQUIRED TO MEET THE HIGHER EDUCATION REQUIREMENTS OF SECTION 22-1-10 (B) AND (C) DURING THEIR TENURE IN OFFICE; TO ADD SECTION 22-1-17 SO AS TO ESTABLISH A TWO-YEAR PROGRAM AVAILABLE TO MAGISTRATES WHO HAVE SUCCESSFULLY COMPLETED THE CERTIFICATION EXAMINATION; TO ADD SECTION 22-1-19 SO AS TO ESTABLISH AN ADVISORY COUNCIL TO MAKE RECOMMENDATIONS TO THE SUPREME COURT REGARDING THE ELIGIBILITY EXAMINATION, CERTIFICATION EXAMINATION, AND CONTINUING EDUCATION REQUIREMENTS FOR MAGISTRATES; TO AMEND SECTION 22-1-30, AS AMENDED, RELATING TO SUSPENSION OR REMOVAL OF MAGISTRATES, SO AS TO PROVIDE THAT A MAGISTRATE'S FAILURE TO COMPLY WITH RETIREMENT, TRAINING, OR EXAMINATION REQUIREMENTS MAY SUBJECT THE MAGISTRATE TO SUSPENSION OR REMOVAL BY ORDER OF THE SUPREME COURT; SO AS TO ESTABLISH AN ELIGIBILITY EXAMINATION THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN MAKING NOMINATION FOR MAGISTERIAL APPOINTMENTS; TO ADD SECTION 22-2-5 SO AS TO ESTABLISH AN ELIGIBILITY EXAMINATION THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN MAKING NOMINATION FOR MAGISTERIAL APPOINTMENTS; TO AMEND SECTION 22-2-200, RELATING TO ACCOMMODATIONS TAX REVENUE AS AFFECTING NUMBER OF MAGISTRATES, SO AS TO CONFORM THE PROVISION WITH APPOINTMENT OF ADDITIONAL MAGISTRATES DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; TO AMEND SECTION 22-8-40, RELATING TO FULL-TIME AND PART-TIME MAGISTRATES AND SALARIES, SO AS TO PROVIDE FOR A NEW SALARY SCHEDULE AND FOR ADDITIONAL MAGISTRATES TO BE APPOINTED DEPENDENT UPON ACCOMMODATIONS TAX REVENUES AND TO REQUEST THE SUPREME COURT TO MAKE A REPORT TO THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES' JUDICIARY COMMITTEES RECOMMENDING ADDITIONAL CHANGES IN THE MAGISTRATES' COURTS SYSTEM.
Read the first time and referred to the Committee on Judiciary.
H. 4570 (Word version) -- Reps. Easterday, Simrill, Leach, Inabinett, Mason, McKay, Rodgers, Hamilton, R. Smith, Lloyd, Vaughn, Stille, Young, McGee, Koon, Moody-Lawrence, McMaster, Rice, Fleming and Bauer: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO PROVIDE FOR AN EXEMPTION FOR CONSUMER AUTOMOBILE LEASES WHEN THE AUTOMOBILE IS PURCHASED UNDER CERTAIN CIRCUMSTANCES.
Read the first time and referred to the Committee on Finance.
H. 4853 (Word version) -- Rep. Boan: A BILL TO AMEND SECTION 12-28-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM TAX ON MOTOR FUEL, SO AS TO SET PERCENTAGES OF REFUND FOR TAXABLE MOTOR FUEL USED TO OPERATE CERTAIN POWER TAKE-OFF EQUIPMENT, AND TO EXEMPT KEROSENE IN CERTAIN INSTANCES AND MOTOR FUEL USED TO TRANSPORT STUDENTS FOR STATE-FUNDED INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 12-28-1730, RELATING TO PENALTIES IN CONNECTION WITH TAX ON MOTOR FUEL, SO AS TO FURTHER PROVIDE FOR THE CIVIL PENALTIES WHICH MAY BE IMPOSED REGARDING THE SALE OR USE OF DYED FUEL; AND TO REPEAL SECTIONS 12-31-220 AND 12-31-250 RELATING TO TEMPORARY AND BIENNIAL REGISTRATION CARDS AND IDENTIFICATION MARKERS FOR MOTOR CARRIERS.
Read the first time and referred to the Committee on Finance.
H. 4942 (Word version) -- Reps. Lee, Davenport and F. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-1-50, SO AS TO PROVIDE THAT AN INMATE MUST NOT BE USED AS AN INTERPRETER IN A CRIMINAL PROCEEDING IN WHICH A PARTY TO THE PROCEEDING DOES NOT SPEAK ENGLISH.
Read the first time and referred to the Committee on Judiciary.
H. 4947 (Word version) -- Reps. Pinckney, Mullen and Rodgers: A BILL TO AMEND THE 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.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 4959 (Word version) -- Reps. Chellis, Knotts and McLeod: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, AND SECTION 12-6-1170, CODE OF LAWS OF SOUTH CAROLINA, 1976, 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 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, AND TO DELETE PROVISIONS RELATING TO THE POSTPONEMENT OF THE MAXIMUM DEDUCTION UNDER THE PRIOR LAW.
Read the first time and referred to the Committee on Finance.
H. 5073 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE THE DEFINITION OF "CHILDREN AND ADOLESCENTS IN NEED OF MENTAL HEALTH TREATMENT" TO INCLUDE CHILDREN OR ADOLESCENTS UNDER AGE TWENTY-ONE WHO ARE CLIENTS OF OR COMMITTED TO THE CUSTODY OF AN AGENCY OF THE STATE.
Read the first time and referred to the Committee on Medical Affairs.
H. 5075 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, MASSAGE/BODYWORK THERAPY, RELATING TO SCHOOLS, RECIPROCITY; LICENSES, SEXUAL ACTIVITY PROHIBITED; CONTINUING EDUCATION; CHANGE OF ADDRESS OR NAME; COMMUNICABLE DISEASE CONTROL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2284, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 5083 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO SOUTH CAROLINA ACADEMIC ENDOWMENT INCENTIVE ACT OF 1997/SOUTH CAROLINA HIGHER EDUCATION MATCHING GIFT FUND, DESIGNATED AS REGULATION DOCUMENT NUMBER 2296, 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 Education.
H. 5084 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DRIVER TRAINING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2263, 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 Education.
H. 5085 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2226, 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 Education.
H. 5086 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO ASSISTING, DEVELOPING, AND EVALUATING PROFESSIONAL TEACHING (ADEPT), DESIGNATED AS REGULATION DOCUMENT NUMBER 2223, 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 Education.
Senator WILSON from the General Committee submitted a majority favorable with amendment and Senator O'DELL a minority unfavorable report on:
S. 109 (Word version) -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-705 SO AS TO DESIGNATE SANDLAPPER, THE MAGAZINE OF SOUTH CAROLINA, AS THE OFFICIAL MAGAZINE OF THE STATE.
Ordered for consideration tomorrow.
S. 1219 (Word version) -- Senator Land: A BILL TO AMEND ACT 375 OF 1947, RELATING TO THE CLARENDON HOSPITAL DISTRICT, SO AS TO REVISE THE POWERS OF THE DISTRICT'S BOARD OF TRUSTEES.
Having voted on the prevailing side, Senator LAND asked unanimous consent to make a motion to reconsider the vote whereby the Bill was given third reading.
There was no objection.
On motion of Senator LAND, with unanimous consent, the Bill was ordered placed on the third reading Calendar.
S. 1221 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO SPECIAL AGENT E. DEWITT "SPIKE DOG" McCRAW, JR., OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION (SLED) ON THE OCCASION OF BEING SELECTED AS THE "STATEWIDE LAW ENFORCEMENT OFFICER OF THE YEAR".
Returned with concurrence.
Received as information.
Columbia, S.C., May 5, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Rhoad, Sharpe and Witherspoon of the Committee of Conference on the part of the House on:
H. 4799 (Word version) -- Reps. Altman, Kelley, Keegan, Lanford, Rhoad, Witherspoon and Meacham: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES LAWS, SO AS TO ALLOW SHRIMP BOATS TO DRAG NETS NO CLOSER THAN ONE-FOURTH MILE OF KIAWAH AND SEABROOK ISLAND BEACHES.
Very respectfully,
Speaker of the House
Received as information.
H. 4686 (Word version) -- 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.
The Senate proceeded to a consideration of the Bill, the question bieng the third reading of the Bill.
Senator BRYAN proposed the following amendment (BBM\9866DW.98), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION__. The Division of Research and Statistical Services of the State Budget and 1 PrecinctinLaurens County are changed sto that all of the property of the Martha Franks Baptist Retirement Center is moved into Ward 6 Precinct in Laurens County./
Renumber sections to conform.
Amend title to conform.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
S. 759 (Word version) -- Senator McConnell: A BILL TO AMEND ACT 722 OF 1976, RELATING TO THE WASHINGTON LIGHT INFANTRY AND SUMTER GUARDS BOARD OF OFFICERS, SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD FROM FIVE TO SEVEN AND TO CHANGE THE MANNER IN WHICH THE MEMBERS OF THE BOARD ARE APPOINTED.
H. 5077 (Word version) -- Rep. Spearman: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 18, 1998, AND FRIDAY, JUNE 19, 1998.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5078 (Word version) -- Rep. Martin: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, MAY 13, 1998, AS THE "SOUTH CAROLINA GENERAL ASSEMBLY WOMEN'S CAUCUS DAY" IN CELEBRATION OF THE SIXTIETH ANNIVERSARY OF THE NATIONAL ORDER OF WOMEN LEGISLATORS.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 874 (Word version) -- Senators Drummond, Mescher, Washington and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-470 SO AS TO AUTHORIZE A COUNTY BOARD OF REGISTRATION TO USE OTHER MEANS OF VOTING ABSENTEE INSTEAD OF BY PAPER BALLOT IF CERTIFIED BY THE STATE ELECTION COMMISSION AND TO AUTHORIZE THE COMMISSION TO ESTABLISH STANDARDS AND GUIDELINES TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
Senator DRUMMOND asked unanimous consent to recommit the Bill to the Committee on Finance.
There was no objection.
S. 395 (Word version) -- Senator Leventis: A JOINT RESOLUTION TO REOPEN THE FILING PERIOD FOR THE MULTIPLE LOT DISCOUNT FOR PROPERTY TAX YEAR 1996 FOR THIRTY DAYS.
Senator LEVENTIS asked unanimous consent to recommit the Joint Resolution to the Committee on Finance.
S. 1106 (Word version) -- Senators Rankin and Elliott: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF AND EXEMPTIONS FROM THE ADMISSIONS LICENSE TAX, SO AS TO PROVIDE THAT THE MEASURE OF THIS TAX DOES NOT INCLUDE ANY TAX OR FEE IMPOSED BY A POLITICAL SUBDIVISION OF THE STATE THAT CONSTITUTES A PART OF THE CHARGE FOR ADMISSION.
Senator LEVENTIS objected to further consideration of the Bill.
The following Joint Resolution was carried over:
H. 4702 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1997-98.
On motion of Senator PASSAILAIGUE, the Joint Resolution was carried over.
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 DRUMMOND, Chairman of the Senate Finance Committee, was recognized to report to the Senate regarding the work of the committee.
Senator GIESE addressed brief remarks to the Senate.
Senator J. VERNE SMITH, Chairman of the Subcommittee on Health and Human Services, was recognized to report to the Senate regarding the work of the subcommittee.
Senator LAND, Chairman of the Subcommittee on Judicial, Law Enforcement, Criminal Justice and Transportation, was recognized to report to the Senate regarding the work of the subcommittee.
At 11:03 A.M., Senator SETZLER made the point that a quorum was not present. It was ascertained that a quorum was present.
The Senate resumed.
Senator LAND resumed speaking on the report.
Senator SETZLER, Chairman of the Subcommittee on Public and Higher Education, was recognized to report to the Senate regarding the work of the subcommittee.
Senator LEVENTIS, Chairman of the Subcommittee on Natural Resources, Economic Development and Regulatory, was recognized to report to the Senate regarding the work of the subcommittee.
The Senate proceeded to Part 1A.
There were no amendments to Part 1A.
The Senate proceeded to Part 1B.
Senator PEELER proposed the following Amendment No. 16 (ED\SBD\SD2), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, Department of Education, page 400, Proviso 1A.28, line 6, by adding after the word Consortia.
/An amount not to exceed $120,900 shall be used to coordinate and train building/construction vocational teachers./
Amend sections, totals and title to conform.
Senator PEELER explained the amendment.
Senator SETZLER proposed the following Amendment No. 43 (ED\SBD\SD5), 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 a new sentence to the end of the proviso:
/SAT and ACT test scores administered in or before December of the applicant's senior year are to be considered in both the application and award process./
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
Senator SHORT proposed the following Amendment No. 19A (4700R218.LHS), which was adopted:
Amend the bill, as and if amended, Part IB, beginning on page 437, by striking Proviso 13.22 in its entirety and inserting in lieu thereof:
/13.22 (DSS: Adolescent Pregnancy Prevention) The Department must allocate $10,500,000 of the 1997-98 surplus federal TANF program funds to the County Grants Fund for Adolescent Pregnancy Prevention Initiatives, to be distributed pursuant to Section 44-122-30(A) over a three-year period. In any year in which the total number of active welfare cases in June of the year exceeds by ten percent or more the average number of active welfare cases in June of the previous year, no TANF funds will be distributed to the County Grants Fund. Distribution of funds shall begin in FY 1998-99 in accord with Title 44, Chapter 122 of the 1976 Code of Laws of South Carolina as amended by Part II, Section 47 of this act./
Amend sections, totals and title to conform.
Senator SHORT explained the amendment.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 8 (4700R506.ELP), which was adopted:
Amend the bill, as and if amended, Part IB, Section 27, by adding an appropriately numbered new proviso to read:
/27. (CMRC: Railroad Commission - Maritime Exchange) The Railroad Commission may make a grant to the Maritime Association of Charleston in the amount of $100,000 to be used to establish a maritime exchange system./
Amend sections, totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
On motion of Senator DRUMMOND, the amendment was adopted.
Senator MESCHER proposed the following Amendment No. 49A (4700R311.WCM), which was adopted:
Amend the bill, as and if amended, Part IB, page 448, after line 28, by adding an appropriately numbered new item to read:
/27. (CMRC: Museum Commission) From the amount set aside in 12-27-1270 as provided for in Proviso 27.3, $39,024 shall be transferred to the State Museum Commission to provide for salary, employer contributions and operating expenses for the Astronomy Educator Program./
Amend sections, totals and title to conform.
Senator MESCHER explained the amendment.
Senator DRUMMOND spoke on the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senators LAND and DRUMMOND proposed the following Amendment No. 33 (SFC\905.DGJ), which was adopted:
Amend the bill, as and if amended, Part IB, Section 36, Department of Public Safety, page 453, Proviso 36.7, line 19, by striking Section 56-5-295 and inserting:
/Section 56-5-2951/.
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senators SALEEBY, McCONNELL, PASSAILAIGUE, COURTNEY and PATTERSON proposed the following Amendment No. 41 (SFC\909.DGJ), which was adopted:
Amend the bill, as and if amended, Part IB, Section 47, Department of Insurance, page 460, Proviso 47.3, lines 21, by striking "to be expended for the same purposes".
And inserting:
/The Department of Insurance is authorized to pay the annual dues, not to exceed $5,000, for the South Carolina Senate and the South Carolina House of Representatives for membership in the National Council of Insurance Legislators from funds collected under this proviso./.
Amend sections, totals and title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
Senator SALEEBY proposed the following Amendment No. 29 (SFC\001.BBH), which was adopted:
Amend the bill, as and if amended, Part IB, Section 54, Legislative Department, page 471, Proviso 54.48, line 17, by inserting a new proviso to read:
/54.48. (LEG: Joint Legislative Committee on Aging) Members of the Joint Legislative Committee on Aging shall receive mileage, per diem and subsistence as provided by law for members of boards, committees and commissions. Expenses of the committee, including operating expenses, shall be paid by the annual appropriation in the Appropriation Act for the House of Representatives and shall not exceed $2,000./
Amend sections, totals and title to conform.
Senator DRUMMOND explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
Senator PATTERSON assumed the Chair at 1:00 P.M.
Senator PASSAILAIGUE proposed the following Amendment No. 53 (4700R216.ELP), which was adopted:
Amend the bill, as and if amended, Part I B, Section 62, page 480, by adding after line 10 a new section to be appropriately numbered to read:
/62. The Commission shall cause to be published on the general election ballot for the 1998 general election, an advisory question which shall read, "Should the General Assembly provide by statute that the Confederate flag is authorized to be flown on or above the dome of the State Capitol?" and provide the appropriate ballot form for a voter to mark an answer to the ballot question as either "yes" or "no"./
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator LEVENTIS raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator PASSAILAIGUE spoke on the Point of Order.
On motion of Senator LEVENTIS, the Point of Order was withdrawn.
Senator PASSAILAIGUE moved that the amendment be adopted.
Senators THOMAS and J. VERNE SMITH spoke on the amendment.
Senator PASSAILAIGUE spoke on the amendment.
Senator THOMAS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Courson Courtney Fair Giese Gregory Grooms Hayes Lander Leatherman Leventis Martin Russell Ryberg Smith, J. Verne Thomas Waldrep Wilson
Anderson Branton Bryan Cork Elliott Ford Holland Hutto Jackson Land Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Saleeby Setzler Short
The Senate refused to lay the amendment on the table.
The question then was the adoption of the amendment.
The amendment was adopted.
Senator WILSON desired to be recorded as voting against the adoption of the amendment.
Senators PASSAILAIGUE and FORD proposed the following Amendment No. 54 (4700R214.ELP), which was adopted:
Amend the bill, as and if amended, Part I B, Section 62, page 480, by adding after line 10 a new section to be appropriately numbered to read:
/62. The Commission shall cause to be published on the general election ballot for the 1998 general election, an advisory question which shall read, "Should the General Assembly authorize a constitutional amendment referendum to allow the public to vote on the question of approving a state run lottery?" and provide the appropriate ballot form for a voter to mark an answer to the ballot question as either "yes" or "no"./
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator THOMAS raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senators PASSAILAIGUE and McCONNELL spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Branton Cork Elliott Ford Hutto Land Lander Leventis Matthews McConnell Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Saleeby Setzler Short Waldrep
Alexander Bryan Courson Courtney Drummond Fair Giese Gregory Grooms Hayes Leatherman Martin McGill Russell Ryberg Smith, J. Verne Thomas Wilson
The amendment was adopted.
The PRESIDENT assumed the Chair at 1:50 P.M.
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.
The vote, whereby Amendment No. 14A was adopted, was later reconsidered and the amendment was subsequently carried over.
Senator THOMAS proposed the following Amendment No. 27 (TRANS\4700T003.DLT), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63B, Budget and Control Board, Division of Operations, page 483, Proviso 63B.NEW, after line 2, by adding a new proviso to read:
/63B. NEW (BCB/OIS-Insurance Reserve Fund Claim Payment) The Budget and Control Board, Office of Insurance Services, is hereby
directed to adhere to the Supreme Court ruling in the Knoke v. South Carolina Department of Parks, Recreation, and Tourism case by completing payment for the claim filed. Funds in the amount of $750,000 will be provided from the Insurance Reserve Fund in full and final payment (accord and satisfaction) in return for a complete release. Prior to these funds being released to the attorney for settlement of this case, a statement of complete satisfaction must be signed by the parties concerned./
Amend sections, totals and title to conform.
Senator THOMAS explained the amendment.
The amendment was adopted.
Having voted on the prevailing side, Senator MOORE moved that the vote, whereby Amendment No. 14A (SFC\001.RDY) proposed by Senator DRUMMOND was adopted, be reconsidered.
Senators LEVENTIS and DRUMMOND spoke on the motion.
The vote, whereby Amendment No. 14A was adopted, was reconsidered.
On motion of Senator DRUMMOND, the amendment was carried over.
Senators DRUMMOND and J. VERNE SMITH proposed the following Amendment No. 25 (SFC\002.BBH), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63B, Budget & Control Board, Division of Operations, page 483, after line 15, by adding a new proviso to read:
/63B.8 (BCB/DO: OIS - Local Health Providers Insurance) The Department of Disabilities and Special Needs, the Department of Alcohol and Other Drug Abuse Services and the Department of Health & Human Services shall reimburse their local health providers for the cost of any employer contribution increase associated with the state health insurance plan for calendar year 1999/.
Amend sections, totals and title to conform.
Senator J. VERNE SMITH explained the amendment.
The amendment was adopted.
Senators FORD and McCONNELL proposed the following Amendment No. 62 (4700R001.RF), which was withdrawn:
Amend the bill, as and if amended, Part I B, Section 63 B, page 483, by adding after line 15 a new section to be appropriately numbered to read:
/63 B. From the funds available in the State House Operations and Maintenance Account the Board shall cause the flag, known as the Black Liberation Flag, consisting of single red, black, and green horizontal bars of equal dimensions with the colors running from top to bottom, respectively, to be flown from the flagpole atop the State House, as well as from the rostrums in the chambers of both Houses of the General Assembly during the period of January 15-24, the month of February, and on June 19, "Juneteenth", as official recognition of the struggle for liberation, the struggle over impediment, and the substantial contributions of certain citizens to their State and to the defense and implementation of our Constitution for all./
Amend title to conform.
Senator FORD explained the amendment.
Senator FORD moved that the amendment be adopted.
Senator DRUMMOND argued contra to the adoption of the amendment.
Senators J. VERNE SMITH, McCONNELL and PATTERSON argued in favor of the adoption of the amendment.
Senator FORD spoke on the amendment.
On motion of Senator FORD, with unanimous consent, the amendment was withdrawn.
Senator PASSAILAIGUE proposed the following Amendment No. 7 (4700R505.ELP), which was tabled:
Amend the bill, as and if amended, Part IB, page 518, by striking proviso 72.97, lines 11 through 15 and inserting in lieu thereof the following:
/72.97. (GP: Video Poker Revenues) Notwithstanding any other provision of law, all revenues from coin-operated machines or devices subject to licensing under Section 12-21-2720(A)(3) of the 1976 Code, collected during FY 1998-99 or collected in FY 1997-98 and allocated to the revenue collected for FY 1998-99 shall be deposited in the Personal Property Tax Relief Fund./
Amend sections, totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
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.
Senator PASSAILAIGUE proposed the following Amendment No. 5 (4700R212.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: Innovative Transportation) The Transportation Infrastructure Bank or the Railroad Commission may make grants for developing innovative transportation technology, such as light rail, mono-rail, or mono-beam./
Amend sections, totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
At 3:15 P.M., on motion of Senator DRUMMOND, the Senate receded from business not to exceed fifteen minutes.
At 3:55 P.M., the Senate resumed.
Senator BRANTON assumed the Chair at 3:55 P.M.
On motion of Senator THOMAS, with unanimous consent, Amendment No. 21 was taken up for immediate consideration.
Senator THOMAS proposed the following Amendment No. 21 (SFC\901.DGJ), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 518, line 15 , by adding
/Notwithstanding any other provision of law, all state agencies, institutions, colleges and universities must remit to the General Fund all revenues received and all monies retained above the cost of allowing the placement or location of pay telephones on public property. Each state agency, institution, college and university must annually report to the Office of State Budget the revenue received for allowing the placement or location of pay telephones on public property. This proviso includes any commission(s) state agencies, institutions, colleges and universities receive for allowing the placement or location of pay telephones on public property. Public property means any and all property occupied or under the control of a state agency, institution, college or university./
Amend sections, totals and title to conform.
Senator THOMAS explained the amendment.
Senator DRUMMOND spoke on the amendment.
Senator THOMAS moved that the amendment be adopted.
The amendment was adopted.
The Senate proceeded to a consideration of Part 1A.
Senator SALEEBY proposed the following Amendment No. 59 (SFC\012.BBH), which was adopted:
Amend the bill, as and if amended, Part IA, Section 1, Department of Education, page 14, after line 26 and before line 27, by inserting:
COLUMN 7 COLUMN 8
/ Instructor 42,700 42,700
(1.00) (1.00)/
Amend the bill further, as and if amended, Part IA, Section 1, Department of Education, page 14, line 27, by:
COLUMN 7 COLUMN 8
/ STRIKING: 802,283 759,225
and
INSERTING: 814,283 771,225/
Amend the bill further, as and if amended, Part IA, Section 1, Department of Education, page 14, line 32, by:
COLUMN 7 COLUMN 8
/ STRIKING: 1,497,209 1,184,890
and
INSERTING: 1,537,209 1,224,890/
Amend sections, totals and title to conform.
Senator SALEEBY explained the amendment.
Senator SETZLER spoke on the amendment.
The amendment was adopted.
Senators HOLLAND, GIESE and PATTERSON proposed the following Amendment No. 87 (SFC\911.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: 2,190,436 2,190,436
and INSERTING: 2,079,930 2,079,930/
Amend sections, totals and title to conform.
Senator HOLLAND explained the amendment.
Senator HOLLAND moved that the amendment be adopted.
The amendment was adopted.
Senators HOLLAND, GIESE and PATTERSON proposed the following Amendment No. 88 (JIC\5607HTC.98), which was adopted:
Amend the bill, as and if amended, Part IA, Section 33, Prosecution Coordination Commission, page 234, by inserting after line 29
/ Richland County Drug Court 57,006 57,006
Kershaw County Drug Court 53,500 53,500
Pilot Project /
Amend further, Part IB, SECTION 33, page 451, by adding a numbered paragraph at the end to read:
/ 33. (PCC: Drug Court Pilot Programs) Amounts appropriated for these pilot programs must be used to supplement other funds used to support this ongoing pilot program in Richland County and to establish a pilot program in Kershaw County. /
Reletter paragraph 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 LEVENTIS and WILSON proposed the following Amendment No. 69 (AG\4700A029.PPL), which was adopted:
Amend the bill, as and if amended, Part IA, Section 61-0001, page 332, by adding after line 14, Column 8, by adding a new Special Item to read:
/Burial Flags 4,500/
Amend sections, totals and title to conform.
Senator LEVENTIS explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator PEELER proposed the following Amendment No. 77 (4700R223.HSP), which was adopted:
Amend the bill, as and if amended, Part IB, page 394, Proviso 1.38, by striking lines 33-34 and inserting in lieu thereof:
/be established within the Department of Education a Specifications Committee./
Amend the bill further, as and if amended, Part IB, State Department of Education, page 395, by striking lines 6 - 8 and inserting in lieu thereof:
/categories above 36 pupils regardless of bus application. The South Carolina Resident Vendor Preference shall apply to solicitations for school bus bodies and chassis. The term of any contract awarded as a result of a Type D solicitation shall not extend beyond June 30, 1999. Notwithstanding the requirement of Section 11-35-1524(D)(3), any expenditure of funds appropriated in this bill, the resident vendor preference shall apply to any solicitation, when the price of a single unit is not more than thirty-five thousand dollars per unit./
Amend sections, totals and title to conform.
Senator PEELER explained the amendment.
Senator PEELER moved that the amendment be adopted.
The amendment was adopted.
The PRESIDENT assumed the Chair at 4:17 P.M.
Senator LANDER proposed the following Amendment No. 91 (ED\4700.E2), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1A, Education, page 395, Proviso 1.new, line 32, by adding
/1.new. (SDE: Retiree Classroom Teachers) Retired state employees who meet all the requirements for certification to teach in South Carolina may be employed for a full school year by a school district as a classroom teacher in the area for which they are certified. For the retired state employees drawing benefits from the state retirement systems who are serving in this capacity, the earnings limitations which restrict the amount of compensation that may be earned from covered employment while drawing benefits under the state retirement systems do not apply to any compensation paid to them as a classroom teacher under this provision. However, no further contributions may be made to the state retirement systems related to this compensation and no additional retirement benefits or credits may be received or accrued./
Amend sections, totals and title to conform.
Senator LANDER explained the amendment.
Senator LAND spoke on the amendment.
Senator LAND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator SETZLER proposed the following Amendment No. 44 (ED\SBD\SD1), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, Department of Education, page 399, Proviso 1A.25, lines 11 through 19, by striking the entire proviso and inserting:
/The Department of Education shall provide a review of the induction programs implemented by the school districts for their first year teachers to be presented by September 30,1999 to the EIA Select Committee. The Department of Education is directed to oversee the evaluation of teachers at the Wil Lou Gray Opportunity School, the School for the Deaf and the Blind, the John de la Howe School, the Governor's School for Mathematics and Science and the Governor's School for the Arts and Humanities under the ADEPT model./.
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
Senator SETZLER proposed the following Amendment No. 45 (ED\SBD\SD4), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, Department of Education, page 403, Proviso 1A.50, lines 23 through 25, deleting the entire proviso and inserting:
/1A.50. (SDE-EIA: XF-Schoold Building Aid) Of the funds appropriated in Part IA, Section X.F. for School Building Aid, $500,000 shall be allocated on a K-12 per pupil basis to Multi-District Area Voc ational Schools./
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment. The amendment was adopted.
Senator FAIR proposed the following Amendment No. 64 (JIC\5614AC.98), which was tabled:
Amend the bill, as and if amended, Part IB, by deleting paragraph 13.22 (DSS Adolescent Pregnancy Prevention), beginning on page 437, line 33 through page 438, line 2.
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 SHORT moved to lay the amendment on the table.
The amendment was laid on the table.
Senators LEVENTIS, RAVENEL and MATTHEWS proposed the following Amendment No. 63A (AG\4700A033.PPL), which was adopted:
Amend the bill, as and if amended, Part IB, Section 27, page 448, after line 28, by adding an appropriately numbered subsection to read:
/27.____ (CMRC: SCDNR - Shrimp Hatchery) From the amount set aside in 12-27-1270, the Council shall transfer $110,000 to the Marines Resources Division of the South Carolina Department of Natural Resources for the sole purpose of establishing an in-state shrimp hatchery./
Amend sections, totals and title to conform.
Senator LEVENTIS explained the amendment.
Senator RAVENEL argued in favor of the adoption of the amendment.
Senator DRUMMOND argued contra.
The amendment was adopted.
On motion of Senator ALEXANDER, with unanimous consent, Amendment No. 90A was taken up for immediate consideration.
Senator ALEXANDER proposed the following Amendment No. 90A (ED\4700.E9), which was adopted:
Amend the bill, as and if amended, Part IB, Section 5A, Commission on Higher Education, page 409, Proviso 5A.19, line 17, by inserting after /scale./ the following:
/A student receiving a Palmetto Fellow Scholarship whose major is in a program, such as the Doctorate of Pharmacy, which does not award an intermediate undergraduate degree but only an advanced degree may continue to qualify for the Palmetto Scholarship as long as the scholarship is used for undergraduate courses not exceeding four years and meeting all other requirements and time restrictions./
Amend sections, totals and title to conform.
Senator ALEXANDER explained the amendment.
The amendment was adopted.
Senators RYBERG and GREGORY proposed the following Amendment No. 94 (9875HTC.98), which was tabled:
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 substantially as follows: "Shall the terms for which members of the General Assembly are elected be limited to three terms (six years) for members of the Senator ?" 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 McCONNELL spoke on the amendment.
Senator McCONNELL continued arguing contra to the adoption of the amendment.
Senator McCONNELL moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Bryan Cork Courtney Drummond Elliott Ford Hutto Jackson Land Lander Leventis Martin Matthews McConnell McGill Moore O'Dell Patterson Peeler Rankin Ravenel Reese Saleeby Short Smith, J. Verne
Courson Fair Giese Gregory Grooms Hayes Leatherman Mescher Passailaigue Russell Ryberg Setzler Thomas Waldrep Wilson
The amendment was laid on the table.
Senators RYBERG and GREGORY proposed the following Amendment No. 95 (9876HTC.98), which was tabled:
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 substantially as follows: "Shall the length of the annual session of the General Assembly be shortened by two months with all savings to be added to the education budget?" 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 McCONNELL argued contra to the adoption of the amendment.
Senator McCONNELL moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Branton Bryan Cork Courtney Drummond Ford Holland Hutto Jackson Land Lander Leventis Martin Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Ravenel Reese Saleeby Setzler Short Smith, J. Verne
Courson Elliott Fair Giese Gregory Grooms Hayes Leatherman Mescher Peeler Rankin Russell Ryberg Thomas Waldrep Wilson
The amendment was laid on the table.
Senators RYBERG and GREGORY proposed the following Amendment No. 96 (9873HTC.98), which was tabled:
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 substantially as follows: "Shall the General Assembly provide by law for its dissolution and replacement by the State Budget and Control Board?" 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 DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
The Senate resumed consideration of Part 1A.
Senator LAND proposed the following Amendment No. 97 (GJK\21529SD.98), which was adopted:
Amend the bill, as and if amended, in Part 1A, Section 33, Prosecution Coordination Commission, by striking (21.00) in columns (7) and (8), line 8, page 0234, and inserting / (22.00) /; and by adding after line 8 the following: /The additional FTE authorized above must be used for the position of State Victim/Witness Assistance Coordinator./
Amend further, as and if amended, by striking (38.00) in columns (7) and (8) on lines 19 and 37, page 0234 and inserting /(39.00)/
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.
Senator COURTNEY proposed the following Amendment No. 100 (SFC\013.BBH), which was adopted:
Amend the bill, as and if amended, Part IA, Section 63D, Budget and Control Board - Division of Regional Development, page 364, after line 28 and before line 29, by adding:
COLUMN 7 COLUMN 8
/Reidville Infrastructure Project 12,500 12,500
Pacolet Infrastructure Project 12,500 12,500/
Amend sections, totals and title to conform.
Senator COURTNEY explained the amendment.
Senator COURTNEY moved that the amendment be adopted.
The amendment was adopted.
The Senate resumed consideration of Part 1B.
Senators MATTHEWS and HUTTO proposed the following Amendment No. 102 (ED\4700.E5), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, Education, page 395, Proviso 1.new, line 32, by adding:
/1.New. (SDE: Extended Day Kindergarten) Districts which experience a reduction in extended day kindergarten funding this fiscal year shall receive no less than 85 percent of the funding that would have been received with the prior year count method less any increase received due to inflation or due to a change in a district's index of taxpaying ability./
Amend sections, totals and title to conform.
Senator MATTHEWS explained the amendment.
Senator MATTHEWS moved that the amendment be adopted.
Senator SETZLER spoke on the amendment.
Senator SETZLER moved to lay the amendment on the table.
The amendment was laid on the table.
On motion of Senator DRUMMOND, debate was interrupted by adjournment.
At 6:14 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 10:30 A.M.
This web page was last updated on Monday, June 29, 2009 at 10:44 A.M.