Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:
We thank You, Father in Heaven, for the rest of the past night and for the coming of a new day with its opportunities of service to our God and to our fellowmen. With faith and courage may we lead our State and the people we represent in right and good paths. When our way becomes difficult, enable us to hear and to heed the words of Isaiah: "Seek the Lord while He may be found; call upon Him while He is near." Hear our prayer which we offer in praise and thanksgiving. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 544 (Word version) -- Senators Hayes, J. V. Smith, Alexander, Moore, Drummond, Setzler, Branton, Courson, Fair, Giese, Gregory, Grooms, Jackson, Thomas, Martin, McGill, Mescher, O'Dell, Peeler, Russell, Ryberg, Waldrep, Wilson and Leatherman: A BILL TO AMEND SECTION 56-5-2930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A MOTOR VEHICLE WITH AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE, AND BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO A DRIVER'S IMPLIED CONSENT TO BE TESTED FOR ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT A PERSON WHO HAS AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE IS CONCLUSIVELY PRESUMED TO HAVE AN ILLEGAL ALCOHOL CONCENTRATION.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
S. 916 (Word version) -- Senators Courson, Setzler, Giese, Hayes, J. V. Smith, Wilson, Branton and Reese: A BILL TO AMEND SECTION 44-53-190 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTROLLED SUBSTANCES, SO AS TO INCLUDE GAMMA HYDROXY BUTYRATE IN SCHEDULE I CONTROLLED SUBSTANCES.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
S. 1169 (Word version) -- Senator Giese: A BILL TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF PHYSICIAN ASSISTANTS, TO ESTABLISH A PHYSICIAN ASSISTANT ADVISORY COMMITTEE TO THE BOARD OF MEDICAL EXAMINERS, TO PROVIDE FOR THE POWERS AND DUTIES OF BOTH WITH REGARD TO PHYSICIAN ASSISTANTS, TO DEFINE THE ROLE AND RESPONSIBILITIES OF A SUPERVISORY PHYSICIAN FOR A PHYSICIAN ASSISTANT, TO PROVIDE GENERAL PRACTICE PARAMETERS, PROCEDURES FOR ESTABLISHING SCOPE OF PRACTICE GUIDELINES, AND ADDITIONAL LICENSURE REQUIREMENTS, TO FURTHER PROVIDE FOR THE REGULATION OF PHYSICIAN ASSISTANTS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
The following Bill and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 5095 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO OPTIONAL STATE SUPPLEMENTATION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2503, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 5096 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FAIR HEARINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2512, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 5097 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, RELATING TO COMMUNITY RESIDENTIAL CARE FACILITIES, PRE-EXAMINATION AND LICENSING REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2515, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
S. 1370 (Word version) -- Senator Setzler: A BILL TO AMEND SECTION 61-6-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST ESTABLISHMENTS LICENSED TO SELL ALCOHOLIC BEVERAGES BEING LOCATED WITHIN A SPECIFIED DISTANCE OF ANY CHURCH, SCHOOL, OR PLAYGROUND, SO AS TO INCLUDE PUBLIC LIBRARIES WITHIN THIS PROHIBITION AND TO DEFINE PUBLIC LIBRARIES FOR THIS PURPOSE.
Referred to Committee on Judiciary
The roll call of the House of Representatives was taken resulting as follows:
Allison Askins Bailey Bales Barfield Barrett Battle Bowers Breeland Brown, G. Brown, H. Brown, J. Carnell Cato Chellis Cooper Cotty Dantzler Davenport Delleney Edge Emory Fleming Frye Gamble Gilham Gourdine Hamilton Harrell Harrison Haskins Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Howard Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Martin McCraw McGee McKay McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Neal, J.M. Neilson Ott Parks Perry Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stuart Taylor Townsend Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Thursday, May 18.
Chip Huggins Bessie Moody-Lawrence Michael Easterday Harry Stille Daniel Tripp Gilda Cobb-Hunter Todd Rutherford Jackson Whipper George Campsen Chuck Allen Richard Quinn Douglas Jennings Joseph Neal Ralph Canty Alex Harvin William Clyburn Jerry Govan Lynn Seithel
LEAVE OF ABSENCE
The SPEAKER granted Rep. PINCKNEY a leave of absence for the day.
Rep. HARVIN presented to the House the Manning High School Lady Monarchs Basketball Team, the 1999-2000 Class AAA Champions, and their coaches.
Rep. PERRY and the Aiken Delegation presented to the House the South Aiken High School "Thoroughbreds" Golf Team, the 2000 Class AAAA Champions, their coaches and other school officials.
Rep. PERRY and the Aiken Delegation presented to the House the South Aiken High School "Thoroughbreds" Men's Tennis Team, the 2000 Class AAAA Champions, their coaches and other school officials.
Reps. WILDER and TAYLOR presented to the House the Clinton High School "Red Devils" Men's Tennis Team, the 2000 Class AAA Champions, their coaches, staff and other school officials.
Reps. HARVIN and J.M. MCLEOD presented to the House the Scott's Branch High School Eagles Basketball Team, the 1999-2000 Class A Champions, and their coaches.
Rep. LOURIE and the Richland Delegation presented to the House the Richland Northeast High School's Model United Nations Team recognizing them for their achievements.
Announcement was made that Dr. Jim Pruitt of Seneca is the Doctor of the Day for the General Assembly.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 5070 (Word version) -- Reps. Emory and J. M. Neal: A BILL TO TRANSFER THE DUTIES OF THE REGISTER OF DEEDS PERFORMED BY THE CLERK OF COURT FOR LANCASTER COUNTY TO THE RECORDS MANAGEMENT DIRECTOR OF LANCASTER COUNTY.
H. 5078 (Word version) -- Reps. Chellis, Young-Brickell and Bailey: A BILL TO PROVIDE THAT STUDENTS IN ANY SCHOOL IN DORCHESTER COUNTY SCHOOL DISTRICT 2 OR 4 WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN DORCHESTER COUNTY SCHOOL DISTRICT 2 OR 4 IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM.
H. 4934 (Word version) -- Rep. Kelley: A BILL TO AMEND SECTION 37-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS USED IN THE "STATE CONTINUING CARE RETIREMENT COMMUNITY ACT", SO AS TO REVISE THE DEFINITION OF "CONTINUING CARE CONTRACT" SUCH THAT ONLY THOSE COMMUNITIES THAT REQUIRE THE PAYMENT OF AN ENTRANCE FEE OR OTHER FEE IN RETURN FOR A PROMISE OF FUTURE CARE ARE SUBJECT TO THE PROVISIONS OF THE ACT; AND TO AMEND SECTION 37-11-135, RELATING TO EXEMPTIONS FROM CERTAIN PROVISIONS OF THE ACT, SO AS TO EXEMPT CONTINUING CARE RETIREMENT COMMUNITIES FROM ALL PROVISIONS OF THE ACT IF PAYMENT OF AN ENTRANCE FEE IS NOT REQUIRED.
H. 5047 (Word version) -- Reps. Parks, Carnell and Klauber: A BILL TO AMEND SECTION 7-7-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO RENUMBER THE PRECINCTS AND CHANGE THE MAP NUMBER ON WHICH THE PRECINCTS ARE DESIGNATED.
H. 5058 (Word version) -- Reps. Young-Brickell, Chellis, Bailey, Harrell and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-234 SO AS TO ALTER THE LINES OF CHARLESTON AND DORCHESTER COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO DORCHESTER COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.
H. 4781 (Word version) -- Rep. W. McLeod: A BILL TO AMEND CHAPTER 23, TITLE 40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION; TO EXPAND THE NUMBER OF WELL DRILLER LICENSE TYPES FROM ONE TO FOUR LEVELS, OR "CLASSES", AND TO ORGANIZE SUCH LICENSES INTO THREE WELL CONSTRUCTION CATEGORIES: ROCK, COASTAL, AND ENVIRONMENTAL WELLS; TO PROVIDE FOR BONDING REQUIREMENTS FOR THE PRACTICE OF WELL DRILLING; TO ELIMINATE THE REQUIREMENT FOR A PERCOLATION TEST TECHNICIAN LICENSEE; TO PROVIDE FOR ISSUANCE OF ADMINISTRATIVE CITATIONS FOR BOTH UNLICENSED PRACTICE AND PROFESSIONAL MISCONDUCT OF LICENSEES; TO PROHIBIT COLLECTION ACTIONS BY PERSONS DRILLING WELLS WITHOUT A LICENSE AND TO PROVIDE FOR A CIVIL CAUSE OF ACTION TO PLAINTIFFS TO RECOVER PAYMENTS MADE FOR WELL DRILLING PERFORMED WITHOUT A LICENSE; TO EXPAND UPON AND CLARIFY THE GROUNDS FOR SANCTIONABLE MISCONDUCT OF LICENSEES; TO REQUIRE TEMPORARY AUTOMATIC SUSPENSION OF A LICENSEE UPON CONVICTION OF CERTAIN SPECIFIED CRIMES; TO CLARIFY THAT THE BOARD'S JURISDICTION OVER MISCONDUCT OF LICENSEES INCLUDES PRELICENSURE MISCONDUCT AND ACTIONS DURING LICENSURE BUT PROSECUTED AFTER A LICENSE BECOMES INACTIVE; TO CLARIFY THE PRIVILEGES AND IMMUNITIES OF WITNESSES, INVESTIGATORS, THE BOARD, AND OTHERS INVOLVED IN DISCIPLINARY ACTIONS; TO PROVIDE FOR CONFIDENTIALITY OF INVESTIGATIONS AND COMPLAINANT INFORMATION; TO MODIFY THE EXISTING RECIPROCITY POWERS OF THE BOARD TO PERMIT CASE BY CASE ASSESSMENT OF INDIVIDUAL APPLICANTS SEEKING LICENSURE BASED ON LICENSURE IN FOREIGN JURISDICTIONS; TO EXPRESSLY REQUIRE LIBERAL INTERPRETATION OF THE PRACTICE ACT IN FAVOR OF ENVIRONMENTAL PROTECTION; TO ADD CLARIFYING DEFINITIONS; AND TO MODIFY THE CURRENT DEFINITION OF WELL TO INCLUDE ANY EXCAVATION MADE FOR THE PURPOSE OF ENVIRONMENTAL OR GEOLOGIC INVESTIGATION THAT IS REASONABLY LIKELY TO PENETRATE THE WATER TABLE.
H. 4797 (Word version) -- Reps. Knotts, Barrett, Battle, H. Brown, Cato, Chellis, Delleney, Edge, Frye, Gamble, Haskins, Hinson, Huggins, Law, Littlejohn, Maddox, Martin, McCraw, Miller, Rice, Sandifer, Seithel, Simrill, R. Smith, Stuart, Taylor, Townsend, Tripp, Whatley, Wilkins, Witherspoon, Davenport, Robinson, McGee, McKay, Loftis, Riser, Meacham-Richardson and Fleming: A BILL TO AMEND SECTION 16-23-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CARRYING OR DISPLAYING OF FIREARMS IN A PUBLIC BUILDING OR UPON AREAS ADJACENT TO A PUBLIC BUILDING, SO AS TO REVISE THE DEFINITION OF THE TERMS "PREMISES" AND "PROPERTY"; TO AMEND SECTION 16-23-430, AS AMENDED, RELATING TO THE CARRYING OF WEAPONS ON SCHOOL PROPERTY, SO AS TO PROVIDE A DEFINITION FOR THE TERM "PROPERTY"; TO AMEND SECTION 16-23-465, AS AMENDED, RELATING TO PENALTIES FOR UNLAWFULLY CARRYING A PISTOL OR FIREARM ONTO THE PREMISES OF A BUSINESS SELLING ALCOHOLIC LIQUORS, BEERS, OR WINES FOR ON PREMISES CONSUMPTION, SO AS TO SUBSTITUTE THE WORD "INTO" FOR "ONTO THE PREMISES OF"; TO AMEND SECTION 23-31-210, RELATING TO DEFINITIONS CONTAINED IN THE LAW ABIDING CITIZEN'S SELF-DEFENSE ACT OF 1996, SO AS TO REVISE THE DEFINITION OF THE TERM "RESIDENT"; TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, SO AS TO REDUCE THE NUMBER OF PHOTOGRAPHS OF AN APPLICANT THAT MUST BE SUBMITTED WITH AN INITIAL AND A RENEWAL APPLICATION FOR A CONCEALABLE WEAPON PERMIT, TO REVISE THE RESIDENCY REQUIREMENT CONTAINED IN THE CONCEALABLE WEAPON PERMIT APPLICATION FORM, TO DELETE THE PROHIBITION AGAINST AUTHORIZING A CONCEALABLE WEAPON PERMIT HOLDER TO CARRY A CONCEALABLE WEAPON INTO A CHURCH OR OTHER RELIGIOUS SANCTUARY, AND TO REQUIRE A PERSON WHO SEEKS TO RENEW A CONCEALABLE WEAPON PERMIT TO COMPLETE A ONE-HOUR COURSE THAT PROVIDES LEGAL UPDATES RELATING TO THE CONCEALABLE WEAPON PERMIT LAWS, AND DEMONSTRATE TO SLED THAT HE HAS A PROFICIENCY IN BOTH THE USE OF HANDGUNS AND STATE LAWS PERTAINING TO HANDGUNS, AND PROVIDE THAT ONCE A CONCEALED WEAPON PERMIT HOLDER IS NO LONGER A RESIDENT OF THIS STATE, HIS CONCEALED WEAPON PERMIT MUST BE REVOKED AUTOMATICALLY BY SLED; TO AMEND SECTION 23-31-235, RELATING TO THE CONTENT OF POSTED SIGNS THAT PROHIBIT THE CARRYING OF A CONCEALABLE WEAPON UPON ANY PREMISES, SO AS TO REVISE THE SIZE, CONTENT, AND PLACEMENT OF THESE SIGNS; AND TO AMEND SECTION 51-3-145, AS AMENDED, RELATING TO ACTS THAT MAY NOT BE COMMITTED AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO ALLOW A PERSON WHO POSSESSES A CONCEALABLE WEAPON PERMIT TO POSSESS A CONCEALABLE WEAPON AND ITS AMMUNITION AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM.
The following Bill was taken up:
H. 5080 (Word version) -- Rep. Sheheen: A BILL TO PROVIDE THAT THE CAMDEN HISTORICAL COMMISSION OF KERSHAW COUNTY IS AUTHORIZED TO DEED ITS PROPERTIES TO THE CAMDEN DISTRICT HERITAGE FOUNDATION; TO INSTRUCT THE CLERK OF COURT OF KERSHAW COUNTY TO ENTER IN THE REAL ESTATE INDEX THE CHANGE OF OWNERSHIP OF THE COMMISSION'S PROPERTIES; TO ABOLISH THE CAMDEN HISTORICAL COMMISSION AND DEVOLVE ITS POWERS, DUTIES AND RESPONSIBILITIES UPON THE CAMDEN DISTRICT HERITAGE FOUNDATION AND TO REPEAL ACT 308 OF 1969, AS AMENDED, RELATING TO THE CAMDEN HISTORICAL COMMISSION, ALL ON JUNE 30, 2000.
Rep. SHEHEEN proposed the following Amendment No. 1 (Doc Name B21\5080.1), which was adopted:
Amend the bill, as and if amended, by striking all references to "Camden District Heritage Foundation" and replacing those with "Historic Camden Foundation"
Renumber sections to conform.
Amend title to conform.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. SHEHEEN, with unanimous consent, it was ordered that H. 5080 be read the third time tomorrow.
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
S. 1369 (Word version) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 20, 2000 BY STUDENTS OF J. N. KELLETT ELEMENTARY SCHOOL IN OCONEE COUNTY FOR SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO A BOILER MALFUNCTION IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. SANDIFER, with unanimous consent, it was ordered that S. 1369 be read the third time tomorrow.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:
S. 1111 (Word version) -- Senators Setzler, Hayes, Martin, Bryan, Anderson, Land, Washington, Short, Reese, Patterson, Matthews, Glover, Courson, Mescher, O'Dell and Rankin: A BILL TO AMEND SECTION 59-1-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO ADD THREE DAYS FOR THE NEXT TWO SCHOOL YEARS AND TWO MORE DAYS FOR ALL SCHOOL YEARS THEREAFTER AND TO PROVIDE FOR THE MANNER IN WHICH THESE ADDITIONAL DAYS SHALL BE USED; TO ADD SECTION 59-5-75 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL REVIEW AND MAKE NECESSARY REVISIONS TO CRITERIA FOR REQUESTING OUT-OF-FIELD TEACHER PERMITS; TO PROVIDE THAT THE BOARD SHALL CONSIDER ESTABLISHING FOR PRINCIPALS A RECERTIFICATION REQUIREMENT THAT THEY COMPLETE TRAINING ON WAYS TO SUPPORT TEACHERS PROFESSIONALLY; TO ADD SECTION 59-5-85 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION SHALL REVIEW AND REFINE CERTAIN PROFESSIONAL PERFORMANCE DIMENSIONS IN THE STATE'S TEACHER EVALUATION PROGRAM, TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL IMPLEMENT A PILOT PROGRAM TO DEVELOP PROCEDURES FOR INCLUDING STUDENT ACHIEVEMENT AS A COMPONENT OF THE TEACHER EVALUATION PROGRAM AND TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP GUIDELINES FOR THE TEACHER INDUCTION PROGRAM WHICH SHALL INCLUDE SUSTAINED LONG-TERM COACHING AND ASSISTANCE; TO ADD SECTION 59-5-95 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION SHALL APPOINT A PANEL TO REVIEW TEACHER EDUCATION ACCREDITATION REQUIREMENTS AND RECOMMEND ANY ADDITIONAL TRAINING STANDARDS FOR MIDDLE GRADE TEACHER PREPARATION AND PROFESSIONAL DEVELOPMENT COURSES; TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL TAKE CERTAIN ACTIONS IN REGARD TO MIDDLE SCHOOL GRADES INCLUDING ESTABLISHING REQUIREMENTS FOR CERTIFICATION FOR TEACHING IN THE MIDDLE GRADES, GRANTING STATE CERTIFICATION TO OUT-OF-STATE TEACHERS POSSESSING MIDDLE GRADE CERTIFICATION, APPOINTING A PANEL TO RECOMMEND TRAINING STANDARDS FOR MIDDLE GRADES PREPARATION AND PROFESSIONAL DEVELOPMENT COURSES FOR MIDDLE GRADE PRINCIPALS, REVISING THE REQUIREMENTS OF THE DEFINED PROGRAM FOR THE MIDDLE GRADES INCLUDING REDUCING PUPIL-TEACHER RATIOS AND GUIDANCE COUNSELOR RATIOS; TO ADD SECTION 59-5-105 SO AS TO PROVIDE THAT THE STATE BOARD SHALL TAKE ACTIONS ESTABLISHING COMPETITIVE GRANTS FOR DISTRICTS TO DEVELOP PROGRAMS FOR STUDENTS BELOW GRADE LEVEL IN THE MIDDLE GRADES, AND ESTABLISHING CRITERIA FOR GRANTS FOR MIDDLE GRADE TEACHER NETWORKS TO ENABLE TEAMS OF INTERESTED TEACHERS TO INVESTIGATE AND IMPLEMENT EFFECTIVE TEACHING STRATEGIES; TO AMEND SECTION 59-5-135, AS AMENDED, RELATING TO THE GOVERNOR'S INSTITUTE OF READING UNDER THE DEPARTMENT OF EDUCATION, SO AS TO PROVIDE THAT A PURPOSE OF THE INSTITUTE SHALL ALSO BE TO IMPROVE THE READING ABILITIES OF STUDENTS IN THE MIDDLE GRADES, AND TO PROVIDE FOR THE AWARDING OF COMPETITIVE GRANTS TO SCHOOL DISTRICTS BY THE INSTITUTE DESIGNED TO IMPROVE READING IN THE MIDDLE GRADES; TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION IN DEVELOPING CRITERIA FOR THE NEW ACCREDITATION SYSTEM UNDER THE EDUCATION ACCOUNTABILITY ACT SHALL CONSIDER INCLUDING THE FUNCTIONING OF SCHOOL IMPROVEMENT COUNCILS AND THE PARTICIPATION OF OTHER SCHOOL GROUPS; TO ADD SECTION 59-25-45 SO AS TO PROVIDE THAT TEACHERS WORKING LESS THAN THIRTY HOURS A WEEK BUT MORE THAN FIFTEEN HOURS A WEEK SHALL QUALIFY FOR STATE HEALTH AND DENTAL INSURANCE, AND TO PROVIDE FOR THE MANNER IN WHICH THE COST THEREOF SHALL BE PAID; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION IN REGARD TO CERTAIN MATTERS INCLUDING THE ADMINISTRATION OF THE LOAN PROGRAM DESIGNED TO DEVELOP QUALIFIED TEACHERS, SO AS TO PROVIDE THAT AREAS OF CRITICAL NEED SHALL ALSO INCLUDE CRITICAL GEOGRAPHICAL AREAS AND TO PROVIDE BEGINNING JULY 1, 2000, FOR THE MANNER IN WHICH LOANS MAY BE FORGIVEN FOR TEACHERS INCLUDING TEACHERS SERVING IN CRITICAL NEED AND GEOGRAPHICAL NEED AREAS; TO ADD SECTION 59-26-85 SO AS TO PROVIDE THAT TEACHERS WHO ARE CERTIFIED BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS (NBPTS) SHALL BE EXEMPTED FROM CERTAIN STATE CERTIFICATION REQUIREMENTS, SHALL RECEIVE A SPECIFIED INCREASE IN PAY, AND MAY BE REIMBURSED ON A LOAN AND FORGIVENESS BASIS FOR THE COST OF SUCH CERTIFICATION; TO ADD SECTION 59-26-90 SO AS TO PROVIDE FOR AN HONORARIUM OF NO LESS THAN TWENTY-FIVE THOUSAND DOLLARS FOR THE STATE TEACHER OF THE YEAR, AN HONORARIUM OF NO LESS THAN TEN THOUSAND DOLLARS FOR THE FOUR HONOR ROLL TEACHERS OF THE YEAR, AN HONORARIUM OF NOT LESS THAN ONE THOUSAND DOLLARS FOR EACH LOCAL TEACHER OF THE YEAR; TO ADD SECTION 59-26-100 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH A PROGRAM WHEREBY SCHOOLS AND SCHOOL DISTRICTS MAY BE AWARDED FUNDS TO DEVELOP INCENTIVES FOR THOSE TEACHERS WHO ARE TRAINED TO AND SERVE AS MENTORS TO NEW TEACHERS; TO ADD SECTION 59-139-90 SO AS TO PROVIDE THAT SCHOOL AND DISTRICT STRATEGIC PLANS MUST INCLUDE GOALS AND OBJECTIVES FOR PARENTAL INVOLVEMENT AND METHODS USED FOR DATA COLLECTION TO SUPPORT THE EVALUATION OF PARENTAL INVOLVEMENT EFFORTS, AND TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL STUDY THE TRAINING, RESPONSIBILITIES, AND FUNDING OF PARA-PROFESSIONALS TO BETTER ENABLE SCHOOLS AND DISTRICTS TO ORGANIZE TEACHER WORK DAYS TO REDUCE TEACHER NONINSTRUCTIONAL DUTIES.
S. 1164 (Word version) -- Senators Bryan, Setzler, Giese, Reese, Ford, Anderson, Branton, Waldrep, Hayes, Moore, Saleeby, Washington, J. V. Smith, Courson, Ravenel, Grooms, O'Dell, Holland, Fair, Martin, Matthews, Patterson, Elliott, Alexander, Land, Short, Rankin and McGill: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 28 SO AS TO ENACT THE "PARENT INVOLVEMENT IN THEIR CHILDREN'S EDUCATION ACT" INCLUDING PROVISIONS TO ESTABLISH A FRAMEWORK FOR ENCOURAGEMENT OF INCREASED PARENTAL INVOLVEMENT IN THE EDUCATION OF THEIR CHILDREN, FOR PARENTAL INVOLVEMENT TRAINING FOR EDUCATORS AND SCHOOL STAFF, FOR PARENTAL RESPONSIBILITIES FOR THEIR CHILD'S ACADEMIC SUCCESS, FOR EFFORTS TO INCREASE PARENT-TEACHER CONTACTS, AND FOR EVALUATION OF PARENT INVOLVEMENT EFFORTS; TO AMEND SECTION 59-1-420, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO ADD TWO ADDITIONAL SCHOOL DAYS TO BEGIN WITH SCHOOL YEAR 2002-2003 AND TO PROVIDE THAT THESE DAYS MUST BE USED FOR FURTHER PARENT-TEACHER CONFERENCES; AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL CONSIDER ENACTING EMPLOYER TAX CREDITS TO ENCOURAGE WORKPLACE POLICIES FOR PARENT RELEASE TIME FROM WORK FOR PARENT-TEACHER CONFERENCES AND PARTICIPATION IN OTHER SCHOOL ACTIVITIES.
S. 283 (Word version) -- Senators Wilson, Giese and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-180 SO AS TO AUTHORIZE A STATE EMPLOYEE WHO IS A CERTIFIED DISASTER SERVICE VOLUNTEER FOR THE AMERICAN RED CROSS NOT MORE THAN FIFTEEN DAYS PAID LEAVE IN A YEAR TO PARTICIPATE IN SPECIALIZED DISASTER RELIEF SERVICES OF THE AMERICAN RED CROSS AND TO MAKE SUCH LEAVE AVAILABLE ONLY WITH THE APPROVAL OF THE EMPLOYEE'S EMPLOYER.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
S. 1329 (Word version) -- Senators Peeler and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-740 SO AS TO ESTABLISH SOUTH CAROLINA YOUTH HUNTING DAYS FOR CERTAIN GAME SPECIES AND TO SPECIFY REQUIREMENTS AND RESTRICTIONS FOR PARTICIPATION.
The following Joint Resolution was taken up:
H. 4960 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO PROVIDE THE FINDINGS AND RECOMMENDATIONS OF THE COMMITTEE CREATED TO STUDY THE FEASIBILITY OF CREATING A MASS TRANSPORTATION SYSTEM FOR THE STATE.
Reps. ROBINSON, EASTERDAY, RICE and BARRETT requested debate on the Joint Resolution.
Rep. DAVENPORT moved to adjourn debate upon the following Bill until Tuesday, May 23, which was adopted:
H. 5025 (Word version) -- Reps. Davenport and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-2025 SO AS TO PROVIDE THAT TWO ADDITIONAL MEMBERS MUST BE ADDED TO THE BOARD OF DIRECTORS OF THE SPARTANBURG COUNTY REGIONAL MEDICAL CENTER APPOINTED BY A MAJORITY OF THE SPARTANBURG LEGISLATIVE DELEGATION.
The following Bill was taken up:
S. 986 (Word version) -- Senator Drummond: A BILL TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE MOTOR VEHICLE TITLE, SO AS TO AMEND THE DEFINITION OF A THREE-WHEEL VEHICLE BY DEFINING AN AUTOMOTIVE THREE-WHEEL VEHICLE SEPARATELY FROM A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND SECTION 56-1-130, AS AMENDED, RELATING TO DRIVER'S LICENSE EXAMINATIONS AND ENDORSEMENTS ON LICENSES, SO AS TO PROVIDE FOR THREE-WHEEL MOTORCYCLE VEHICLE EXAMINATIONS AND TO PROVIDE FOR NONCOMMERCIAL ENDORSEMENTS ON A MOTORCYCLE CLASSIFICATION LICENSE; TO AMEND SECTION 56-3-20, AS AMENDED, RELATING TO DEFINITIONS IN THE MOTOR VEHICLE REGISTRATION AND LICENSING CHAPTER, SO AS TO AMEND THE DEFINITION OF A THREE-WHEEL VEHICLE BY DEFINING AN AUTOMOTIVE THREE WHEEL VEHICLE SEPARATELY FROM A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND SECTION 56-3-630, AS AMENDED, RELATING TO THE EXCEPTIONS TO THE CLASSIFICATION OF PRIVATE PASSENGER MOTOR VEHICLES, SO AS TO ADD A MOTORCYCLE THREE-WHEEL VEHICLE TO THE EXCEPTIONS AND TO PROVIDE FOR ITS REGISTRATION; TO AMEND SECTION 56-3-760, RELATING TO THE REGISTRATION FEE FOR A MOTORCYCLE, SO AS TO ADD A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND SECTION 56-5-140, RELATING TO THE DEFINITION OF A MOTORCYCLE, SO AS TO REVISE IT BY STRIKING THE PHRASE "DETACHABLE SIDE CAR"; TO AMEND SECTION 56-5-145, RELATING TO THE DEFINITION OF A THREE-WHEEL VEHICLE, SO AS TO MAKE IT THE DEFINITION OF AN AUTOMOTIVE THREE-WHEEL VEHICLE; TO ADD SECTION 56-5-155 SO AS TO PROVIDE A DEFINITION OF A MOTORCYCLE THREE-WHEEL VEHICLE; AND TO AMEND SECTION 56-19-10, AS AMENDED, RELATING TO DEFINITIONS IN THE PROTECTION OF TITLES IN A MOTOR VEHICLES CHAPTER, SO AS TO ADD A DEFINITION FOR A THREE-WHEEL VEHICLE MOTORCYCLE.
Rep. FLEMING made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The ACTING SPEAKER CATO sustained the Point of Order.
The following Joint Resolution was taken up:
H. 4961 (Word version) -- Rep. Wilkins: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 5 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF ITS CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2000.
Rep. FLEMING made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The ACTING SPEAKER CATO sustained the Point of Order.
The following Bill was taken up:
S. 470 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 16-17-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EAVESDROPPING OR PEEPING, SO AS TO PROHIBIT THE USE OF ELECTRONIC VIDEO OR AUDIO EQUIPMENT FOR THE PURPOSE OF EAVESDROPPING AND TO REQUIRE IMMEDIATE FORFEITURE AND DESTRUCTION OF ALL VIDEO AND AUDIO RECORDINGS PRODUCED FROM SUCH ACTIVITY.
Rep. YOUNG-BRICKELL made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The ACTING SPEAKER CATO sustained the Point of Order.
The following Bill was taken up:
S. 935 (Word version) -- Senator Alexander: A BILL TO AMEND CHAPTER 56, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOLICITATION OF CHARITABLE FUNDS ACT, BY ADDING SECTION 33-56-45 SO AS TO PROVIDE FOR REGISTRATION OF RURAL FIRE DEPARTMENTS UPON THE SINGLE REGISTRATION AND PAYMENT OF A SINGLE FEE BY THE LOCAL GOVERNING BODY HAVING JURISDICTION OVER MULTIPLE RURAL FIRE DEPARTMENTS.
Rep. F. SMITH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The ACTING SPEAKER CATO sustained the Point of Order.
The following Bill was taken up:
S. 1322 (Word version) -- Senators Holland and Giese: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIVATE SECURITY AND INVESTIGATION AGENCIES, BY REPEALING CHAPTER 17 AND ADDING CHAPTER 18, SO AS TO PROVIDE DEFINITIONS, TO DESIGNATE THE TWO CLASSIFICATIONS OF SECURITY BUSINESSES AS CONTRACT SECURITY BUSINESSES AND PROPRIETARY SECURITY BUSINESSES, TO REQUIRE SLED LICENSURE OF CONTRACT AND PROPRIETARY SECURITY BUSINESSES AND TO PROVIDE FOR LICENSING REQUIREMENTS, TO REQUIRE SLED REGISTRATION FOR PERSONS EMPLOYED AS SECURITY OFFICERS AND TO PROVIDE FOR REGISTRATION REQUIREMENTS, TO PROVIDE THAT PERSONS EMPLOYED AS PRIVATE INVESTIGATORS BE REGISTERED WITH SLED AND BE EMPLOYED ONLY BY LICENSED PRIVATE INVESTIGATION BUSINESSES, TO PROVIDE FOR THE LICENSING REQUIREMENTS OF PRIVATE INVESTIGATION BUSINESSES AND THE REGISTRATION REQUIREMENTS OF PRIVATE INVESTIGATORS, TO REQUIRE AN APPLICANT FOR A PRIVATE INVESTIGATION LICENSE TO POST A TEN THOUSAND DOLLAR BOND WITH SLED, AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF THIS CHAPTER.
Rep. FLEMING made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The ACTING SPEAKER CATO sustained the Point of Order.
The following Bill was taken up:
S. 1062 (Word version) -- Senators Ravenel, Leatherman, Passailaigue, Leventis, Branton, Hutto, Bryan, McConnell, Saleeby, McGill, Moore, Giese, Elliott, Patterson, Washington, Mescher and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-20-365 SO AS TO PROVIDE THAT NO REGIONAL CENTER OPERATED BY THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS MAY BE CLOSED EXCEPT AS AUTHORIZED BY THE GENERAL ASSEMBLY BY LAW IN AN ENACTMENT THAT SPECIFIES BY NAME THE REGIONAL CENTER TO BE CLOSED.
Rep. R. SMITH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The ACTING SPEAKER CATO sustained the Point of Order.
The following Bill was taken up:
S. 958 (Word version) -- Senators Giese and Hayes: A BILL TO AMEND SECTION 40-43-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, DUTIES OF THE STATE BOARD OF PHARMACY, SO AS TO PROVIDE THAT THE BOARD'S AUTHORITY TO ISSUE PERMITS TO FACILITIES EXTENDS TO THOSE FACILITIES WHICH POSSESS DRUGS; TO ADD SECTION 40-43-70 SO AS TO PROVIDE THAT PHARMACISTS CERTIFIED TO ADMINISTER INJECTIONS MAY DO SO PURSUANT TO STATE OR FEDERAL HEALTH AGENCY PROTOCOL; TO AMEND SECTION 40-43-80, AS AMENDED, RELATING TO REQUIREMENTS FOR LICENSURE AS A PHARMACIST, SO AS TO CONFORM TO NATIONAL STANDARDS BY ELIMINATING A MINIMUM EXAMINATION SCORE AND CHANGING THE REQUIRED EXAMINATIONS; TO AMEND SECTION 40-43-81 RELATING TO REQUIREMENTS FOR PHARMACIST LICENSE TRANSFER FROM ANOTHER STATE, SO AS TO CONFORM TO NATIONAL STANDARDS BY CHANGING THE REQUIRED EXAMINATION AND REQUIRING AN INTERVIEW WITH THE BOARD; TO AMEND SECTION 40-43-86, AS AMENDED, RELATING TO, AMONG OTHER THINGS, UNLAWFUL CONDUCT FOR PHARMACISTS, SO AS TO ESTABLISH A CRIMINAL PENALTY FOR POSSESSING, DISPENSING, OR DISTRIBUTING PRESCRIPTION DRUGS OR DEVICES EXCEPT ON A PRESCRIPTION OF A LICENSED PRACTITIONER; TO AMEND SECTION 40-43-130 RELATING TO CONTINUING EDUCATION FOR PHARMACISTS, SO AS TO REQUIRE A STATEMENT CERTIFYING COMPLETION OF CONTINUING EDUCATION AT THE TIME OF LICENSE RENEWAL, TO REQUIRE THE BOARD TO RANDOMLY AUDIT LICENSEES, AND TO REVISE DOCUMENTATION REQUIRED FOR A POST GRADUATE STUDY WAIVER FROM CONTINUING EDUCATION; TO AMEND SECTION 40-43-150, AS AMENDED, RELATING TO INVESTIGATIONS, HEARINGS, AND DISCIPLINARY ACTIONS, SO AS TO CORRECT AN INTERNAL CROSS REFERENCE; AND TO REPEAL SECTION 40-43-100 RELATING TO THE FREQUENCY FOR GIVING THE PHARMACIST LICENSURE EXAMINATION.
Rep. SHARPE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The ACTING SPEAKER CATO sustained the Point of Order.
The following Bill was taken up:
H. 4953 (Word version) -- Reps. Lourie, Allen, Allison, Bailey, Breeland, J. Brown, Clyburn, Davenport, Edge, Emory, Gamble, Gourdine, Govan, Hayes, Hosey, Inabinett, Jennings, Kirsh, Lee, Lloyd, Mack, Maddox, Martin, McGee, McKay, McMahand, Miller, Moody-Lawrence, J. M. Neal, Scott, Simrill, J. Smith, Stuart, Webb and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-37-40 SO AS TO ENACT THE "UNIVERSAL NEWBORN HEARING SCREENING AND INTERVENTION ACT" INCLUDING PROVISIONS TO REQUIRE NEWBORN HEARING SCREENING AND PROVIDING EDUCATIONAL INFORMATION ON THE IMPORTANCE OF THESE SCREENINGS; TO ESTABLISH EVALUATION AND INTERVENTION PROCEDURES AND SERVICES; TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH REPORTING PROCEDURES FOR THESE SCREENINGS WHICH MUST BE FOLLOWED BY HOSPITALS, AUDIOLOGISTS, AND EARLY INTERVENTIONISTS; TO REQUIRE THE DEPARTMENT TO ESTABLISH MONITORING AND MEASUREMENT OF THE EFFECTIVENESS OF THESE SCREENINGS AND INTERVENTIONS; TO REQUIRE THE DEPARTMENT TO ESTABLISH THE NEWBORN HEARING SCREENING AND INTERVENTION ADVISORY COUNCIL; AND TO PROHIBIT PERFORMING A SCREENING IF A PARENT DISSENTS BASED ON RELIGIOUS BELIEFS.
Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The ACTING SPEAKER CATO sustained the Point of Order.
The following Bill was taken up:
S. 1359 (Word version) -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-31 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL ON THAT PORTION OF LAKE MARION KNOWN AS POTATO CREEK WITHIN TWO HUNDRED YARDS OF THE SHORELINE WITHOUT WRITTEN PERMISSION OF THE OWNER OR OCCUPANT, TO PROHIBIT BAITING IN THIS PORTION OF LAKE MARION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Rep. HAYES made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The ACTING SPEAKER CATO sustained the Point of Order.
The following Bill was taken up:
S. 1340 (Word version) -- Senators Ravenel, Mescher and McConnell: A BILL TO AMEND ARTICLE 11, CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHRIMP, BY ADDING SECTIONS 50-5-1102, SO AS TO PROVIDE THAT, EFFECTIVE JULY 1, 2000, NO PERSON LICENSED AS A COMMERCIAL SALTWATER FISHERMAN OR AS A WHOLESALE SEAFOOD DEALER MAY OBTAIN A SHRIMP BAITING LICENSE, AND 50-5-1110, SO AS TO PROVIDE THAT, EFFECTIVE JULY 1, 2002, WHEN TAKING SHRIMP OVER BAIT NO CAST NET MAY BE USED HAVING A MESH SIZE SMALLER THAN ONE-HALF INCH SQUARE MEASURE OR ONE INCH STRETCH MEASURE.
Rep. R. SMITH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 1279 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 44-56-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND FEES FOR DRYCLEANING FACILITIES, SO AS TO REVISE THE DATE BY WHICH A DRYCLEANING FACILITY OWNER OR OPERATOR MUST RECEIVE CERTAIN CERTIFICATIONS AND THE DATE BY WHICH THEY MUST INSTALL CONTAINMENT STRUCTURES AROUND EQUIPMENT ITEMS IN WHICH DRYCLEANING SOLVENTS ARE USED; AND TO AMEND ACT 119 OF 1995, RELATING TO DRYCLEANING FACIITY RESTORATION, THE DRYCLEANING RESTORATION TRUST FUND, AND THE REGULATION AND REGISTRATION OF DRYCLEANING FACILITIES, SO TO DELETE THE PROVISION WHICH REPEALS THE ACT ON JULY 1, 2005.
Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 1242 (Word version) -- Agriculture and Natural Resources Committee: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE BY ADDING CHAPTER 40 SO AS TO ESTABLISH THE "SOUTH CAROLINA GRAIN DEALERS GUARANTY FUND" INTO WHICH ASSESSMENTS ON FEED GRAINS OR OIL SEEDS MUST BE PAID FOR THE PURPOSE OF REIMBURSING GRAIN DEALERS FOR LOSSES INCURRED AS A RESULT OF THE BANKRUPTCY OF A SPECIFIED DEBTOR AND TO CONTINUE THE FUND THEREAFTER FOR THE BENEFIT OF GRAIN DEALERS WHO SUFFER LOSSES AGAINST OTHER DEBTORS FROM BANKRUPTCY EMBEZZLEMENT OR FRAUD, TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE REIMBURSEMENTS MUST BE PAID INCLUDING A PROVISION THAT THE INSURANCE RESERVE FUND IS AUTHORIZED TO LOAN MONIES TO PROVIDE FUNDING TO PAY CERTAIN CLAIMS; TO CHANGE THE NAME OF SOUTH CAROLINA DEALERS AND HANDLERS GUARANTY FUND TO THE SOUTH CAROLINA GRAIN PRODUCERS GUARANTY FUND; AND TO AMEND SECTION 46-41-200, RELATING TO THE SOUTH CAROLINA DEALERS AND HANDLERS GUARANTY FUND, SO AS TO CHANGE ITS NAME ACCORDINGLY.
Rep. R. SMITH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 691 (Word version) -- Senators Land, Drummond, Elliott, Hutto, Leatherman, Peeler, Holland, Gregory, Bryan, McGill, McConnell, Branton and Grooms: A BILL TO AMEND TITLE 50 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORESTRY, BY ADDING CHAPTER 2, SO AS TO ENACT THE "SOUTH CAROLINA FOREST MANAGEMENT PROTECTION ACT" AND TO PROVIDE LEGISLATIVE FINDINGS AND DEFINITIONS AND APPROPRIATE GUIDELINES FOR FOREST MANAGEMENT.
Rep. F. SMITH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up:
H. 5045 (Word version) -- Reps. Robinson, Hamilton, Rice, Sheheen and Simrill: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 2000-2001 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.
Rep. R. SMITH made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The ACTING SPEAKER CATO sustained the Point of Order.
The following Bill was taken up:
S. 975 (Word version) -- Senators Short, Hayes, O'Dell, McGill, Passailaigue, McConnell and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 125 OF TITLE 59, RELATING TO WINTHROP UNIVERSITY SO AS TO PROVIDE FOR WINTHROP UNIVERSITY ATHLETIC FACILITIES BONDS, TO DESIGNATE SECTIONS 59-121-10 THROUGH 59-121-80, RELATING TO THE CITADEL, AS ARTICLE 1, CHAPTER 121 OF TITLE 59, TITLED "GENERAL PROVISIONS", AND BY ADDING ARTICLE 3 TO CHAPTER 121 OF TITLE 59, RELATING TO THE CITADEL SO AS TO PROVIDE FOR CITADEL ATHLETIC FACILITIES BONDS.
Rep. R. SMITH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The ACTING SPEAKER CATO sustained the Point of Order.
The following Bill was taken up:
S. 265 (Word version) -- Senators Russell and Wilson: A BILL TO AMEND SECTION 60-13-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY, SO AS TO PROVIDE THAT THE DIRECTOR OF THE INSTITUTE SHALL APPOINT, RATHER THAN SERVE AS, THE STATE ARCHEOLOGIST AND SHALL APPOINT A STATE UNDERWATER ARCHEOLOGIST AND TO FURTHER PROVIDE FOR THE DUTIES OF EACH.
Rep. F. SMITH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The ACTING SPEAKER CATO sustained the Point of Order.
The following Bill was taken up:
S. 1041 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson, Passailaigue, Courson, Hutto, Richardson, Washington, Giese, Bryan, Ravenel and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 1-11-760 AND 38-71-280 SO AS TO REQUIRE THE STATE HEALTH INSURANCE PLAN AND GROUP HEALTH INSURANCE TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL HEALTH CONDITIONS AND ALCOHOL OR SUBSTANCE ABUSE; TO PROHIBIT ANY TERM OR CONDITION OF THE COVERAGE FROM PLACING ANY GREATER BURDEN ON ACCESS TO TREATMENT FOR A MENTAL HEALTH CONDITION OR FOR ALCOHOL OR SUBSTANCE ABUSE THAN ON ACCESS TO TREATMENT FOR A PHYSICAL HEALTH CONDITION; TO AUTHORIZE MANAGEMENT OF CARE FOR TREATMENT OF MENTAL HEALTH CONDITIONS AND FOR ALCOHOL OR SUBSTANCE ABUSE; AND TO REQUIRE THE DIVISION OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO REPORT TO THE GENERAL ASSEMBLY ON THE IMPACT OF THIS COVERAGE ON HEALTH INSURANCE COSTS UNDER THE STATE HEALTH INSURANCE PLAN DURING A THREE-YEAR PERIOD; TO PROVIDE THAT IF THERE IS A GREATER THAN ONE PERCENT INCREASE IN HEALTH INSURANCE COSTS UNDER THE STATE HEALTH PLAN AT THE END OF THE THREE-YEAR PERIOD OR A 3.4 PERCENT INCREASE AT ANY TIME DURING THAT PERIOD AS A RESULT OF PROVIDING THE COVERAGE REQUIRED BY THIS ACT, THE STATE HEALTH PLAN MAY OPT OUT AND THE REQUIREMENTS APPLICABLE TO GROUP HEALTH INSURANCE PLANS UNDER THIS ACT DO NOT TAKE EFFECT; AND TO PROVIDE THAT IF THE ACT TAKES EFFECT FOR GROUP HEALTH INSURANCE PLANS, A PLAN MAY OPT OUT IF AT ANY TIME THEREAFTER THE PLAN'S INSURANCE COSTS INCREASE BY MORE THAN THREE PERCENT AS A RESULT OF PROVIDING THIS COVERAGE.
Rep. F. SMITH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The ACTING SPEAKER CATO sustained the Point of Order.
The following Bill was taken up:
S. 1042 (Word version) -- Senators Saleeby and Passailaigue: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS SO AS TO ADD THE EMPLOYEES AND RETIREES OF CITY, COUNTY, REGIONAL, AND CONSOLIDATED HOUSING AUTHORITIES.
Rep. TROTTER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The ACTING SPEAKER CATO sustained the Point of Order.
The following Joint Resolution was taken up:
H. 4954 (Word version) -- Reps. Quinn, Allison, Barfield, Barrett, Breeland, T. Brown, Cato, Clyburn, Cooper, Dantzler, Davenport, Gamble, Gourdine, Harrell, J. Hines, Kelley, Kirsh, Knotts, Koon, Leach, Lee, Littlejohn, Loftis, McCraw, McGee, McKay, M. McLeod, Moody-Lawrence, J. M. Neal, Neilson, Phillips, Rhoad, Riser, Robinson, Rodgers, Simrill, Stille, Taylor, Whatley, Wilder and Stuart: A JOINT RESOLUTION TO ESTABLISH A SENIOR PRESCRIPTION DRUG PROGRAM OVERSIGHT COMMITTEE TO STUDY THE FEASIBILITY OF A PHARMACEUTICAL BENEFIT PROGRAM FOR A SEGMENT OF OUR STATE'S SENIOR CITIZENS, PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, AND PROVIDE TO WHOM THE COMMITTEE'S RECOMMENDATIONS MUST BE MADE BY OCTOBER 1, 2000.
Rep. SHEHEEN made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The ACTING SPEAKER CATO sustained the Point of Order.
The following Bill was taken up:
H. 5015 (Word version) -- Reps. Kelley, Harrell and Haskins: A BILL TO AMEND SECTION 8-21-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A STATE AGENCY NOT BEING AUTHORIZED TO SET A FEE FOR PERFORMING ANY DUTY, RESPONSIBILITY, OR FUNCTION UNLESS IT IS AUTHORIZED BY STATUTORY LAW AND SET BY REGULATION, SO AS TO PROVIDE THAT A STATE AGENCY BY REGULATION MAY NOT IMPOSE OR INCREASE A "FEE" OR IMPOSE OR INCREASE A "TAX", TO PROVIDE THAT THE GENERAL ASSEMBLY IS THE ONLY BODY THAT IS CONSTITUTIONALLY AND STATUTORILY AUTHORIZED TO IMPOSE OR INCREASE FEES OR TAXES, AND TO PERMIT FEES OR TAXES SET BY REGULATION BEFORE THE EFFECTIVE DATE OF THESE PROVISIONS TO BE CONTINUED.
Rep. TROTTER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The ACTING SPEAKER CATO sustained the Point of Order.
The following Bill was taken up:
S. 518 (Word version) -- Senators Land, McGill, Saleeby, Hayes, Moore, Rankin, Gregory, Peeler and Reese: A BILL TO AMEND SECTION 12-51-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO PROVIDE THAT INTEREST ON THE WHOLE AMOUNT OF THE TAX SALE BID IS AT THE RATE OF THREE, SIX, NINE, OR TWELVE PERCENT, RISING FOR EACH THREE MONTHS OF THE REDEMPTION PERIOD RATHER THAN A RATE OF EIGHT OR TWELVE PERCENT ON THE WHOLE AMOUNT REGARDLESS OF WHEN THE PROPERTY IS REDEEMED, AND TO PROVIDE THAT INTEREST DUE MUST NOT EXCEED THE BID ON THE PROPERTY SUBMITTED BY THE FORFEITED LAND COMMISSION.
Rep. LLOYD made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The ACTING SPEAKER CATO sustained the Point of Order.
The following Bill was taken up:
S. 705 (Word version) -- Senators Rankin and Elliott: A BILL TO AMEND CHAPTER 37, TITLE 5 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL IMPROVEMENT DISTRICTS, SO AS TO FURTHER DEFINE THE POWERS OF MUNICIPAL GOVERNING BODIES WITH RESPECT TO FINANCING AND LEVYING ASSESSMENTS UPON SUCH DISTRICTS.
Rep. TROTTER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The ACTING SPEAKER CATO sustained the Point of Order.
The following Joint Resolution was taken up:
H. 5088 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SEPTIC TANK SITE EVALUATION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2457, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LLOYD made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The ACTING SPEAKER CATO sustained the Point of Order.
The following Joint Resolution was taken up:
H. 5094 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO OPERATION OF PUBLIC PUPIL TRANSPORTATION SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2481, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. F. SMITH made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The ACTING SPEAKER CATO sustained the Point of Order.
Rep. ROBINSON withdrew his request for debate on H. 4960; however, other requests for debate remained on the Bill.
Rep. DELLENEY withdrew his request for debate on H. 4305; however, other requests for debate remained on the Bill.
Rep. TROTTER withdrew his request for debate on H. 3344; however, other requests for debate remained on the Bill.
Rep. TROTTER withdrew his request for debate on H. 4769; however, other requests for debate remained on the Bill.
Rep. R. SMITH withdrew his request for debate on H. 3344; however, other requests for debate remained on the Bill.
Reps. TROTTER and COOPER withdrew their requests for debate on the following Bill, whereupon objections were raised by Reps. YOUNG-BRICKELL, HAYES, BARFIELD, COTTY, HINSON and KELLEY:
H. 4782 (Word version) -- Reps. Canty, Howard and J. H. Neal: A BILL TO AMEND SECTION 40-19-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS, SO AS TO REVISE CERTAIN DEFINITIONS AND TO DEFINE "RETAIL SALES OUTLET" AND "OWNER"; TO AMEND SECTION 40-19-110, AS AMENDED, RELATING TO GROUNDS FOR DISCIPLINARY ACTION, SO AS TO INCLUDE AN UNLICENSED PERSON ENGAGING IN THE PRACTICE OF FUNERAL SERVICE AS A GROUND FOR DISCIPLINE; TO AMEND SECTION 40-19-230, RELATING TO REQUIREMENTS FOR LICENSURE AS AN EMBALMER AND A FUNERAL DIRECTOR, SO AS TO CHANGE THE EXAMINATION REQUIRED FOR AN EMBALMER, TO DELETE THE PROVISIONS RELATING TO OBTAINING LICENSURE IF LICENSED IN ANOTHER STATE, AND TO CHANGE LICENSE RENEWAL FROM ANNUAL TO BIENNIAL RENEWAL; TO ADD SECTION 40-19-235 SO AS TO PROVIDE LICENSURE PROCEDURES FOR OUT-OF-STATE LICENSEES; TO AMEND SECTION 40-19-250, RELATING TO CONTINUING EDUCATION REQUIREMENTS, SO AS TO REVISE THESE REQUIREMENTS TO CONFORM TO BIENNIAL LICENSURE; TO ADD SECTION 40-19-265 SO AS TO ESTABLISH REQUIREMENTS FOR OBTAINING FUNERAL HOME, BRANCH FUNERAL HOME, RETAIL SALES OUTLET, AND CREMATORY PERMITS; TO AMEND SECTION 40-19-270, RELATING TO ADDITIONAL PERMIT REQUIREMENTS, SO AS TO IMPOSE THESE REQUIREMENTS ON RETAIL SALES OUTLETS; TO AMEND SECTION 40-19-280 RELATING TO ACTIVITIES FUNERAL DIRECTORS AND EMBALMERS ARE PROHIBITED FROM ENGAGING IN, SO AS TO APPLY CERTAIN PROHIBITIONS TO CREMATORIES AND RETAIL SALES OUTLETS; AND TO AMEND SECTION 40-19-290, RELATING TO DISCLOSURE OF INFORMATION, SERVICES, AND FEES OF EMBALMERS AND FUNERAL DIRECTORS, SO AS TO APPLY CERTAIN PROVISIONS TO CREMATORIES AND RETAIL SALES OUTLETS.
Upon the withdrawal of requests for debate by Reps. TROTTER, DAVENPORT and MEACHAM-RICHARDSON, the following Bill was taken up:
H. 4691 (Word version) -- Reps. Jennings, Harrison, Altman and Knotts: A BILL TO AMEND SECTION 24-21-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO CLARIFY THAT A PROBATION AGENT HAS THE POWER AND AUTHORITY TO ENFORCE THE CRIMINAL LAWS OF THE STATE.
Rep. COTTY explained the Bill.
The Bill was read the second time and ordered to third reading.
On motion of Rep. COTTY, with unanimous consent, it was ordered that H. 4691 be read the third time tomorrow.
The Senate amendments to the following Bill were taken up for consideration:
H. 4972 (Word version) -- Rep. D. Smith: A BILL TO AMEND ACT 856 OF 1964, AS AMENDED, RELATING TO THE WHITNEY AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT OF FUNDS WHICH MAY BE BORROWED BY THE DISTRICT BOARD FROM ONE HUNDRED TO FIVE HUNDRED THOUSAND DOLLARS.
Rep. WALKER proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18457SOM00), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. WALKER explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration:
H. 3745 (Word version) -- Reps. Campsen, Altman, Barrett, Barfield, Cato, Cooper, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harrison, Haskins, Inabinett, Kelley, Leach, Littlejohn, Loftis, McCraw, McMahand, J. H. Neal, Phillips, Pinckney, Sandifer, Sharpe, Simrill, J. Smith, Stille, Tripp, Vaughn, Wilkins, Witherspoon, Lourie and Knotts: A BILL TO AMEND CHAPTER 1, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE "SOUTH CAROLINA FAMILY RESPECT ACT", TO PROVIDE THE LANGUAGE OF THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET, AND TO PROVIDE TO WHOM THE PAMPHLET SHALL BE DISTRIBUTED; TO AMEND CHAPTER 3, TITLE 53, RELATING TO THE CELEBRATION OF SPECIAL DAYS, SO AS TO PROVIDE FOR A FAMILY RESPECT DAY AND TO PROVIDE THE DAY IS OBSERVED IN THE PUBLIC HIGH SCHOOLS; TO AMEND SECTION 20-1-240, RELATING TO INFORMATION GIVEN TO MARRIAGE APPLICANTS, SO AS TO PROVIDE THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET IS DISTRIBUTED TO APPLICANTS; TO AMEND SECTION 44-63-80, AS AMENDED, RELATING TO THE ISSUANCE OF CERTIFIED COPIES OF BIRTH CERTIFICATES, SO AS TO PROVIDE THE FAMILY RESPECT PAMPHLET IS INCLUDED WITH EACH CERTIFIED COPY OF THE BIRTH CERTIFICATE; AND TO AMEND SECTION 44-122-40, RELATING TO THE OPERATION OF COUNTY FUNDED ADOLESCENT PREGNANCY PREVENTION INITIATIVES, SO AS TO PROVIDE FOR THE DISTRIBUTION AND DISCUSSION OF THE FAMILY RESPECT PAMPHLET WITH ADOLESCENTS INVOLVED IN THE INITIATIVES.
Rep. CAMPSEN proposed the following Amendment No. 1A (Doc Name COUNCIL\SKB\AMEND\18463SOM00):
Amend the bill, as and if amended, by striking all after the title and inserting:
/Whereas, the General Assembly finds that the family is the fundamental building block of society; and
Whereas, the General Assembly finds that the State should promote strong families, for the family is the cradle of an ordered and vibrant republic; and
Whereas, the General Assembly finds that one way for the State to promote strong families is to publish and distribute a pamphlet which emphasizes the importance of families; and
Whereas, the General Assembly finds that such a pamphlet should contain substantially the following content and format:
It is a sociological fact: South Carolina's communities are only as strong as its families. Families are the primary building blocks of our neighborhoods, towns, and cities. Virtually all of our most serious social problems such as crime, declining physical and mental health, lack of educational success, dramatic increases in domestic violence and poverty are most directly driven by one thing: breakdown of the family. This is true for people of all races and income levels. If we are going to have healthy communities, where children are growing strong and happy, doing well in school, staying away from crime, and successfully entering adulthood, we must have strong families. Healthy families are a rich benefit to adults also. While working to build families will not solve all our problems, this is one of the most meaningful ways to significantly reduce some of our most serious personal and social illnesses.
We must recognize that there are increasingly different types of families in our communities today. The freedom to create the kinds of families that we desire is an important American value and this liberty must be respected. However, we must also recognize that individual desire and consideration does not stand by itself. The make-up of our families impacts our children and the communities we are all a part of. It must also be realized that many homes in our communities may suffer from divorce and other problems and these homes should receive all the help and support our communities can offer. Therefore, while it is unrealistic and even wrong to make one type of family form the requirement for all people, there are some common values and behaviors that we can agree should be the goal of our individual family lives as much as is possible.
A substantial body of scholarly research is telling us that these values and behaviors are the surest ways to produce the kinds of benefits and lives we want for our children, our communities, and ourselves. Personal and community progress require that we have shared goals rather than requirements. While we cannot choose the kind of family we are born into, we can choose the kind of family we will create for ourselves and our children. The information in this pamphlet should be considered as you make this very personal decision. These values represent goals we should strive for as much as possible for our individual and common well-being.
Three primary values and the reasons for holding them are listed here.
1. The Value of Sexual Restraint and Marital Faithfulness: Scientists are now telling us what our grandmothers knew all along: There are good reasons to confine sexual intercourse to marriage!
Those who limit their sexual experience to a mutually faithful marriage have virtually no risk of contracting a sexually transmitted disease. One in five people are infected with an incurable sexually transmitted disease. These diseases can infect other partners and children, limit fertility, or cause pain and even death.i
Comparing the faithfully married with all other categories of sexually active adults:
Married people with only one lifetime partner are most likely to be "extremely" or "very" satisfied with the physical and emotional pleasure they experience in their sex lives.ii
Married people are significantly more likely than others to say their sex life makes them feel "satisfied," "loved," "thrilled," "wanted," and "taken care of."iii
Likewise, the faithfully married are also least likely to report sex making them feel "sad," "anxious or worried," "scared or afraid," or "guilty."iv
Women are up to 4 times more likely to be forced to perform a sexual act by boyfriends or acquaintances than by husbands.v
Premarital sex contributes to marital unfaithfulness: 3% of people who did not engage in premarital sex were unfaithful to their spouse during marriage, while 18% of people who engaged in premarital sex "fairly often" with someone other than their spouse were unfaithful in marriage.vi
Those who are sexually active prior to marriage face a considerably higher risk of divorce than those who have not had sexual intercourse before marriage.vii
2. The Value of Marital Commitment: Commitment to marriage provides a wealth of rich benefits that are not enjoyed in cohabiting relationships and are seriously diminished by divorce. Therefore, it is in our best interest to honor and work at our marriages.
Faithful marriage is linked to:
Living longer, healthier lives and decreased need to visit the hospital and doctor's office for physical and mental illness viii
Significant protection of children from sexual abuse ix
Improved sexual fulfillment x
Lower feelings of loneliness xi
Greater feelings of overall happiness xii
Protection of women from domestic, sexual, and general violence xiii
Improving parents' ability to parent xiv
Increased individual work productivity, earnings and savings xv
While many people believe that living together before marriage can serve to strengthen relationships and improve the likelihood of successful marriages, just the opposite is true.
Living together before marriage is associated with:
50% greater likelihood of divorce than marriages not preceded by living together xvi
Increased levels of sexual unfaithfulness and relational problemsxvii
Dramatically (2 to 5 times) increased levels of domestic violence and sexual abuse against adults and children xviii
Significantly higher levels of personal depression and mental illness for adults xix
Greater discipline problems and lowered academic performance in children xx
Greater likelihood of children living in poverty compared to married homes xxi
Men earning half the income that married men do xxii
Men being less willing to help with household chores than married men xxiii
Divorce often fails to improve our lives.
Research shows the overwhelming majority of divorces in America today are a result of people growing apart rather than seeking to escape violence, abuse or seriously troubled relationships.xxiv
South Carolinians who are divorced are more likely (compared to those who are not divorced) to believe that divorce merely trades one set of problems for another.xxv Research shows why this is true.
Divorced (compared to married) adults are:
Three times more likely to commit suicide xxvi
Twice as likely to suffer from alcoholism xxvii
Most likely to suffer from serious physical and mental illness, while the married are least likely xxviii
3. The Value of Loving, Intentional Parenting: While there are children prospering in all kinds of families, researchers are finding that there are some qualities of the family that are more likely to produce happy, healthy, well-adjusted children than others.
Children raised in homes with their married parents are:
Twice as likely to stay in school and graduate, 20% more likely to attend college and up to 95% less likely to cause discipline problems at school xxix
Half as likely to end up in jail. (Each year spent without a father in the home increases chances of future jail-time by 5%.)xxx
Half as likely to bear children out of wedlock, regardless of racexxxi
Unlikely to experience poverty, while children in single-parent families are very likely to experience poverty xxxii
Significantly less likely to need treatment for physical, mental, or emotional problems xxxiii
Children of divorce (compared to children with married parents) are:
Half as likely to have positive relationships with both parentsxxxiv
Do poorer in all measures of educational performance for their entire school experience xxxv
More likely to be involved in criminal behavior, early sexual activity, and out-of-wedlock childbearing xxxvi
More likely to have serious difficulty entering successfully into adulthood xxxvii
Conclusion:
It is in the best interest of the children, adults, and communities in South Carolina to set for ourselves some basic personal goals for family life. As much as we are able, we should all encourage and work toward life-long faithful marriage as the ideal for sexual relationships, adult living arrangements, and the raising of children. Men and women should both equally strive for these goals. These are some of the most significant ways to insure a long, happy, healthy life for adults and children, as well as productive, safe communities.
Stronger and healthier families are the key to a stronger and healthier South Carolina!
DOCUMENTATION: i "Sexually Transmitted Diseases in the U.S.: Risks, Consequences and Costs," Issues in Brief, Alan Guttmacher Institute, April 1994, pp. 1-4.
ii Edward O. Laumann, et al., The Social Organization of Sexuality: Sexual Practices in the United States (Chicago: University of Chicago Press, 1994), p. 364, table 10.5.
iii Laumann, et al., 1994, p. 368, table 10.7.
iv Laumann, et al., 1994, p. 368, table 10.7.
v Robert T. Michael, et. al., Sex in America: A Definitive Survey (Boston: Little, Brown and Company,1994), p. 225, figure 21.
vi Andrew Greeley, Faithful Attraction: Discovering Intimacy, Love, and Fidelity in American Marriage, (New York: Thomas Doherty Associates, 1991), p. 201.
vii Joan R. Kahn and Kathryn A. London, "Premarital Sex and the Risk of Divorce," Journal of Marriage and the Family, 53 (1991): 845-855.
viiiJames Goodwin, et al., "The Effect of Marital Status on Stage, Treatment, and Survival of Cancer Patients," Journal of the American Medical Association, 258 (1987): 3152-3130; Robert Coombs, "Marital Status and Personal Well-Being: A Literature Review," Family Relations 40 (1991): 97-102; Linda Waite, "Does Marriage Matter?" Demography 32 (1995): 483-507.
ix Daly and Wilson, 1985; Leslie Margolin, Child Abuse and Mother's Boyfriends: Why the Overrepresentation?" Child Abuse and Neglect 16 (1992): 541-551; Wilson and Daly, "Risk of Maltreatment of Children Living With Stepparents," in Gelles and Lancaster, eds., Child Abuse and Neglect: Biosocial Dimensions (Hawthorne, N.Y.; Aldine De Gruyter, 1987), pp. 215-232.
x Michael, et al., 1994.
xi Randy Page and Galen Cole, "Demographic Predictors of Self-Reported Loneliness in Adults," Psychological Reports 68 (1991): 939-945.
xii Coombs, 1991, p. 100.
xiii Jan Stets, "Cohabiting and Marital Aggression: The Role of Social Isolation," Journal of Marriage and the Family 53 (1991): 669-680; Criminal Victimization in the United States, 1992," U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, (March 1994), p. 31, NCJ-145125.
xiv Ronald Angel and Jacqueline Angel, Painful Inheritance: Health and the New Generation of Fatherless Families (Madison: The University of Wisconsin Press, 1993), pp. 139, 148.
xv S. Korenman and D. Neumark, "Does Marriage Really Make Men More Productive?" The Journal of Human Resources, 25 (1990) 282-307; Waite, 1995, p. 483-507.
xvi Larry Bumpass, James Sweet, and Andrew Cherlin, "The Role of Cohabitation in Declining Rates of Marriage," Journal of Marriage and the Family," 53 (1991): 913-927;William Axxinn and Arland Thornton, "The Relationship Between Cohabitation and Divorce: Selectivity or Casual Influence?" Demography 29 (1992): 357-374; Zheng Wu, "Premarital Cohabitation and Postmarital Cohabiting Union Formation," Journal of Family Issues 16 (1995): 212-232; Neil Bennett, et al., "Commitment and the Modern Union: Assessing the Link Between Premarital Cohabitation and Subsequent Marital Stability," American Sociological Review 53 (1988): 127-138
xvii Michael Newcomb and P. M. Bentler, "Assessment of Personality and Demographic Aspects of Cohabitation and Marital Success," Journal of Personality Assessment 44 (1980) 11-24
xviii Kersti Yllo and Murray Straus, "Interpersonal Violence Among Married and Cohabiting Couples," Family Relations 30 (1981) 339-347; Martin Daly and Margo Wilson, "Child Abuse and Other Risk Factors of Not Living with Both Parents," Ethology and Sociobiology 6 (1985): 197-210; U.S. Bureau of Justice Statistics, Highlights from 20 Years of Surveying Crime Victims: The National Crime Victimization Survey, 1973-92 (Washington D.C.; U.S. Department of Justice, 1993), p. 18.
xix Lee Robins and Darrel Regier, Psychiatric Disorders in America: The Epidemiologic Catchment Area Study (New York: The Free Press, 1991), p. 64.
xx E. Thompson, T.L. Hanson and S. McLanahan, "Family Structure and Child Well-being: Economic Resources versus Parental Behaviors," Social Forces 73 (1991): 221-242.
xxi Wendy Manning and Daniel Lichter, "Parental Cohabitation and Children's Economic Well-being" Journal of Marriage and the Family, 58 (1996): 998-1010.
xxii Manning and Lichter, 1996, p. 998-1010.
xxiii Margaret Segrest and M. O'Neal Weeks, "Comparison of the Role Expectations of Married and Cohabiting Subjects," International Journal of Sociology of the Family, 6 (1976): 275-281.
xxiv Paul Amato and Alan Booth, A Generation at Risk: Growing Up in an Era of Family Upheaval, Cambridge, MA: Harvard University Press, 1997), p. 220.
xxv Glenn T. Stanton, 1998 South Carolina Marital Health Index (Palmetto Family Council, 1998), pp. 38-42.
xxvi Jack Smith, et al., "Marital Status and the Risk of Suicide," American Journal of Public Health, 1988, 78:78-80.
xxvii Robins and Regier, 1991, p. 103.
xxviii I. M. Joung, et al., "Differences in Self-Reported Morbidity by Marital Status and by Living Arrangement," International Journal of Epidemiology, 1994, 23:91-97; David Williams, et al., Marital Status and Psychiatric Disorders Among Black and Whites," Journal of Health and Social Behavior, 1992, 33:140-157; Robins and Regier, 1991, p. 44.
xxix Sara McLanahan, Gary Sandefur, Growing Up with a Single Parent: What Hurts, What Helps, (Cambridge: Harvard University Press, 1994), pp. 19, 47; Deborah Dawson, "Family Structure and Children's Health and Well-Being: Data from the 1988 National Health Interview Survey on Child Health," Journal of Marriage and the Family 53 (1991): 573-584.
xxx Cynthia Harper and Sara McLanahan, "Father Absence and Youth Incarceration" A paper presented to the 1998 annual meetings of the American Sociological Association, San Francisco, CA, August 1998.
xxxi Irwin Garfinkel and Sara McLanahan, Single Mothers and Their Children: A New American Dilemma (Washington D.C.: The Urban Institute Press, 1986), pp. 30-31.
xxxii David Ellwood, Poor Support: Poverty in the American Family (New York: Basic Books, 1988), p. 46; Elaine Kamarck and William Galston, "Putting Children First: A Progressive Family Policy for the 1990s," whitepaper from the Progressive Policy Institute (September 27, 1990), p. 12.
xxxiii Deborah A. Dawson, "Family Structure and Children's Health and Well-being: Data from the National Health Interview Survey on Child Health," Journal of Marriage and the Family, 53 (1991)
573-584; Ronald and Jacqueline Angel, Painful Inheritance: Health and the New Generation of Fatherless Families, (Madison: The University of Wisconsin Press, 1993), pp. 91-93, 101.
xxxiv James Peterson and Nicholas Zill, "Marital Disruption, Parent-Child Relationships and Behavior Problems in Children," Journal of Marriage and the Family, 1986, 48:295-307.
xxxv Paul Amato, "Children's Adjustment to Divorce: Theories, Hypotheses and Empirical Support," Journal of Marriage and the Family, 55, 1993, pp. 23-38; Nicholas Zill, et al., "Long-Term Effects of Parental Divorce on Parent Child Relationships, Adjustment and Achievement in Young Adulthood," Journal of Family Psychology, 1993, 7:91-103; Judith Wallerstein, "The Long-Term Effects of Divorce on Children: A Review," Journal of the American Academy of Child and Adolescent Psychiatry, 1991, 30:349-360.
xxxvi Edward Wells and Joseph Rankin, "Families and Delinquency: A Meta-Analysis of the Impact of Broken Homes," Social Problems, 1991, 38:71-89; Mavis Hetherington, "Effects of Father Absence on Personality Development in Adolescent Daughters," Developmental Psychology, 1972, 7:313-326; Ronald Fleck, et al., "Father Psychological Absence and Heterosexual Behavior, Personal Adjustment and Sex-typing in Adolescent Girls," Adolescence, 1980, 15:847-860; McLanahan and Sandefur, 1994, p. 53.
xxxvii Paul Amato and Bruce Keith, "Parental Divorce and Adult Well-being: A Meta-Analysis," Journal of Marriage and the Family 53 (1991): 43-48.'
Now, Therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 20 of the 1976 Code, is amended by adding:
Section 20-1-700. This act may be cited as the South Carolina Family Respect Act.
Section 20-1-710. The General Assembly finds that the family is the fundamental building block of society. Within healthy families children are instilled with values essential to the vitality of our State. These values include personal responsibility, honesty, duty, commitment to others, a work ethic, respect for authority, and sound educational habits. Because the family plays such a crucial role in developing these and other civic virtues essential to self-government, parents have a duty to themselves, their children, and society at large to instill these virtues in their children. Therefore, as much as it is able, the State should promote strong families, for the family is the cradle of an ordered and vibrant republic. Self-government depends upon civic virtue, and civic virtue in turn depends upon healthy families. The purpose of this act is to emphasize the importance of families to the success and well-being of our State.
Section 20-1-720. (A) The office of the Governor shall publish an informational pamphlet entitled 'South Carolina Family Respect', with substantially the content and form of the information found in the findings accompanying this act. The office of the Governor shall distribute the pamphlet to the agencies, offices and entities listed in subsection (B). It is the duty of the government agencies, offices, and entities listed in subsection (B) to promote the ideals of this pamphlet and distribute it to their constituencies and clients.
(B) The informational pamphlet must be distributed to:
(1) all probate judges and clerks of court who issue marriage licenses who shall give it to each couple at the time they apply for the license;
(2) all family court judges who shall give it to all couples who file a petition for divorce or a petition for approval of a separation agreement;
(3) the Department of Social Services who shall give it to each person who applies for welfare benefits;
(4) the Department of Health and Environmental Control to be included and mailed out with each certified birth certificate issued, as provided in Section 44-63-80;
(5) all public school districts in the state that teach sex education programs. All public school districts must include a discussion of the pamphlet in its sex and family education curriculum;
(6) all state and local agencies and institutions that provide health services including, but not limited to, family planning services and distribution of contraceptives, to be given to all pregnant minors, persons receiving birth control, and persons receiving information on family planning or sexually transmitted diseases;
(7) all local mental health centers to be distributed where appropriate in particular counseling situations;
(8) all county programs for adolescent pregnancy prevention initiatives, as provided in Section 44-122-40. Each initiative must include a discussion of the pamphlet with the adolescents it counsels;
(9) all public colleges, universities, and other institutions of higher learning to be distributed to all first year students during their orientation; and
(10) the pamphlet must be made available for voluntary distribution to:
(i) all clergy and counselors who provide marriage counseling;
(ii) all private high schools;
(iii) all private institutions of higher learning; and
(iv) the general public."
SECTION 2. Chapter 3, Title 53 of the 1976 Code is amended by adding:
"Section 53-3-45. The Friday immediately preceding Mother's Day of each year, is designated 'Family Respect Day' in recognition of the important role the family unit plays in a healthy and productive society."
SECTION 3. Section 20-1-240 of the 1976 Code is amended to read:
"Section 20-1-240. All authorized offices, officials, or individuals empowered to issue a marriage license shall, at the time of issuance thereof application, provide to applicants for marriage licenses,:
(1) family planning information. This information shall be supplied to the issuing officials by the Department of Health and Environmental Control; and
(2) the 'South Carolina Family Respect' information pamphlet published and provided by the office of the Governor."
SECTION 4. Section 44-63-80 of the 1976 Code, as last amended by Act 71 of 1997, is further amended to read:
"Section 44-63-80. Except as otherwise provided, certified copies of the original birth certificate or any new or amendatory certificate, exclusive of that portion containing confidential information, must be issued only by the state registrar and only to the registrant, if of legal age, his parent or guardian, or other legal representative, and upon request to the Department of Social Services or its designee for the purpose of establishing paternity or establishing, modifying, or enforcing a child support obligation. The registrar shall include a copy of the pamphlet 'South Carolina Family Respect', as provided in Section 20-1-720, when it mails or sends the certified copy of the birth certificate. However, the certified copy of the birth certificate may not disclose the name of the father in any illegitimate birth unless the name of the father is entered on the certificate pursuant to Section 44-63-163 or Section 44-63-165. The short form certificate or birth card may be furnished only to the registrant, his parent or guardian, or other legal representative by the state or county registrar.
When one hundred years have elapsed after the date of birth, these records must be made available in photographic or other suitable format for public viewing."
SECTION 5. Section 44-122-40(A) of the 1976 Code, as added by Act 419 of 1998, is amended to read:
"(A) A local public or private agency or organization or combination of these agencies and organizations may apply to the county government for an allocation of funds to operate an adolescent pregnancy prevention initiative. All initiatives funded by the county government pursuant to this chapter shall emphasize premarital sexual abstinence and male responsibility. All initiatives funded by the county government pursuant to this chapter must distribute to and discuss the 'South Carolina Family Respect' information pamphlet, published and provided by the office of the Governor, with each adolescent involved in their project or program. All applications must meet the following minimum standards for consideration:
(1) Each initiative must have a plan of action for prevention of adolescent pregnancy that extends for at least five years. The proposal must include convincing evidence of a direct link between project activities and the reduction of adolescent pregnancy in the target population.
(2) Each initiative must have realistic, specific, and measurable goals, objectives, timelines, and budget for the prevention of adolescent pregnancy.
(3) The proposal must include a description of the method for collecting and reporting the data required by the department to evaluate the effectiveness of the initiative as specified in Section 44-122-60. Each initiative, before submitting its proposal, must send a representative to the evaluation standards workshop sponsored by the department."
SECTION 6. Section 20-7-7810(F) of the 1976 Code is amended to read:
"(F) Notwithstanding subsections (A) and (E), a child who is guilty of a violation of law or other misconduct which would not be a criminal offense if committed by an adult, a child who has been found in contempt of court for violation of a court order related to a violation of law or other misconduct which would not be a criminal offense if committed by an adult, or a child who violates the conditions of probation for a violation of law or other misconduct which would not be a criminal offense if committed by an adult may be committed to the custody of a correctional institution operated by the Department of Juvenile Justice or to a secure evaluation centers center operated by the department for a determinate period not to exceed ninety days; however, a when:
(1) the child has been adjudicated delinquent by a family court judge for a status offense, as defined in Section 20-7-6605, excluding truancy, and the order acknowledges that the child has been afforded all due process rights guaranteed to a child offender;
(2) the child is in contempt of court for violation of a court order to attend school or an order issued as a result of the child's adjudication of delinquency for a status offense, as defined in Section 20-7-6605, including truancy; or
(3) the child is determined by the court to have violated the conditions of probation set forth by the court in an order issued as a result of the child's adjudication of delinquency for a status offense, as defined in Section 20-7-6605, including truancy.
Orders issued pursuant to this subsection must acknowledge:
(a) that the child has been advised of all due process rights afforded to a child offender; and
(b) that the court has received a report from the department stating the facts and circumstances causing the child to be before the court and making a recommendation as to disposition.
A child committed under this section may not be confined with a child who has been determined by the department to be violent."
SECTION 7. A. This section is known and may be cited as the "Religion and Public Schools Act of 2000".
B The South Carolina General Assembly finds that the free exercise of religion is integral to the intellectual, moral, civic, and ethical development of students in South Carolina. It further finds that this exercise of religion should find expression only in legally sound ways that do not violate the state and federal constitutional prohibitions against the establishment of religion.
Therefore, the South Carolina General Assembly has determined to enact the "Religion and Public Schools Act", which calls for the training of educators in how to recognize constitutional distinctions between individual free exercise of religion which the First Amendment protects and state establishment of religion which the First Amendment prohibits.
The purpose of the act is to promote a constitutionally sound understanding and a faithful compliance with the free exercise and establishment clauses of the federal and state constitutions as they apply to public school operations.
C. The 1976 Code is amended by adding:
"Section 59-17-135. (A) Effective July 1, 2001, each school district during annual in-service training shall provide a program of instruction for teachers and administrators in the essentials of constitutional protections and prohibitions as they relate to religion and public school operations. Subjects shall include, but not be limited to:
(1) student prayers;
(2) graduation prayers and baccalaureates;
(3) participation in or encouragement of religious activity by school officials;
(4) religion in school curriculum;
(5) religious content in student assignments;
(6) distribution and use of religious literature;
(7) student participation in religious events before and after school;
(8) religious persuasion versus religious harassment;
(9) religious holidays;
(10) permitted absences from objectionable lessons in religion;
(11) released time for religious instruction;
(12) teaching values;
(13) religious attire;
(14) Federal Equal Access Act;
(15) Federal Religious Freedom Restoration Act;
(16) South Carolina Religious Freedom Act;
(17) other statutory and constitutional provisions regarding the establishment of religion and free exercise thereof, as they relate to a public school context;
(18) instruction on how to access legal advice concerning the establishment of religion and free exercise thereof in a public school context; and
(19) instruction on how to access the State Department of Education's guidelines on religion and the public schools on the department's website.
(B) Once a teacher or administrator has completed the program of instruction contained in this section, it is not necessary that they participate in the same program of instruction on an annual basis. However, such teachers and administrators who have completed the program of instruction shall annually participate in instruction regarding updates and new developments in the subject matter contained in this section."
D. The 1976 Code is amended by adding:
"Section 59-17-140. By July 1, 2001, each school district in the State shall adopt a Religion and Public Schools Policy. The policy shall provide for the free exercise of religion in district schools to the maximum extent permissible without conflicting with applicable federal and state constitutional and statutory provisions regarding the exercise and establishment of religion in public schools. The policy shall specifically address the subjects contained in Section 59-17-135. Each district's policy shall be updated as necessary. Before adoption of the policy or any update of it, each school district shall submit the policy to an attorney experienced in matters of constitutional and public school law for review and comment. The attorney shall recommend appropriate changes for correcting any misapplication or misperception of applicable law regarding religion and the public schools. The adoption of the final policy or update shall be in the discretion of the school district board of trustees."
SECTION 8. This act takes effect upon approval by the Governor. /
Amend the bill further, as and if amended, by striking the title and inserting:
/ TO AMEND CHAPTER 1, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE "SOUTH CAROLINA FAMILY RESPECT ACT", TO PROVIDE THE LANGUAGE OF THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET, AND TO PROVIDE TO WHOM THE PAMPHLET SHALL BE DISTRIBUTED; TO AMEND CHAPTER 3, TITLE 53, RELATING TO THE CELEBRATION OF SPECIAL DAYS, SO AS TO PROVIDE FOR A FAMILY RESPECT DAY AND TO PROVIDE THE DAY IS OBSERVED IN THE PUBLIC HIGH SCHOOLS; TO AMEND SECTION 20-1-240, RELATING TO INFORMATION GIVEN TO MARRIAGE APPLICANTS, SO AS TO PROVIDE THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET IS DISTRIBUTED TO APPLICANTS; TO AMEND SECTION 44-63-80, AS AMENDED, RELATING TO THE ISSUANCE OF CERTIFIED COPIES OF BIRTH CERTIFICATES, SO AS TO PROVIDE THE FAMILY RESPECT PAMPHLET IS INCLUDED WITH EACH CERTIFIED COPY OF THE BIRTH CERTIFICATE; TO AMEND SECTION 44-122-40, RELATING TO THE OPERATION OF COUNTY FUNDED ADOLESCENT PREGNANCY PREVENTION INITIATIVES, SO AS TO PROVIDE FOR THE DISTRIBUTION AND DISCUSSION OF THE FAMILY RESPECT PAMPHLET WITH ADOLESCENTS INVOLVED IN THE INITIATIVES; TO AMEND SECTION 20-7-7810, RELATING TO THE COMMITMENT OF JUVENILES, SO AS TO PROVIDE FOR THE OFFENSES FOR WHICH A JUVENILE MAY BE COMMITTED TO AN EVALUATION CENTER AND TO PROVIDE FOR THE COURT ORDER'S CONTENTS PURSUANT TO THIS SUBSECTION. TO ENACT THE "SOUTH CAROLINA RELIGION IN PUBLIC SCHOOLS ACT OF 2000" INCLUDING PROVISIONS TO ADD SECTION 1-7-35 SO AS TO PROVIDE THAT THE ATTORNEY GENERAL SHALL DESIGNATE ONE MEMBER OF HIS PROFESSIONAL STAFF AS THE "SOUTH CAROLINA RELIGION IN PUBLIC SCHOOLS OFFICER" AND TO PROVIDE FOR THIS OFFICER'S DUTIES AND RESPONSIBILITIES; TO ADD SECTION 59-17-135 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT IN THIS STATE SHALL CONDUCT TRAINING FOR TEACHERS AND ADMINISTRATORS DURING ANNUAL IN-SERVICE TRAINING REGARDING CONSTITUTIONALLY AND STATUTORILY PERMITTED SCHOOL RELIGIOUS EXERCISES AND EXPRESSIONS; AND TO ADD SECTION 59-17-140 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT BY JULY 1, 2001, SHALL ADOPT A RELIGION IN PUBLIC SCHOOLS POLICY AND TO PROVIDE FOR THE CONTENTS OF THIS POLICY AND THE MANNER IN WHICH IT SHALL BE DEVELOPED. /
Renumber sections to conform.
Amend title to conform.
Rep. CAMPSEN explained the amendment.
Rep. CAMPSEN moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 4775 (Word version) -- Ways and Means Committee: GENERAL APPROPRIATION BILL.
Rep. HARRELL proposed the following Amendment No. 1A (Doc Name council\bbm\amend\9668htc00.doc):
Amend the bill, as and if amended, by striking Part IA as passed by the Senate and inserting Part IA as passed by the House with the following amendments. References in these amendments are to Part IA as passed by the House.
Amend the bill, as and if amended, Part IA, Section 5A, Commission on Higher Education, page 36, line 17, opposite /Life Scholarship/ by increasing the amounts in columns (7) and (8) by /14,317,023/
Amend further, as and if amended, Part IA, Section 8, Department of Health and Human Services, page 127, line 7, opposite /A. hospital Services/ by decreasing the amounts columns (7) and (8) by /27,249,000/
Amend further, as and if amended, Part IA, Section 69B, Aid to Subdivisions - State Treasurer, page 419, line 9 opposite /Aid-Local Government Fund/ by increasing the amounts in columns (7) and (8) by /3,818,025/
Amend further, as and if amended, Part IA, Section 69C, Tobacco Settlement Fund - State Treasurer, page 420, after line 15, by inserting:
/(7)Medical Assistance,
Hospital Services 27,249,000/
Amend further, as and if amended, Part IA, Section 69C, Tobacco Settlement Fund - State Treasurer, page 420, line 5 opposite /Hospital Based Health Clinics/ by decreasing the amount in column (7) by /1,400,000/
Amend further, as and if amended, Part IA, Section 69C, Tobacco Settlement Fund - State Treasurer, page 420, line 7, opposite /Medicaid - FY 99-00 Deficit/ by decreasing the amount in column (7) by /21,300,000/
Amend further, as and if amended, Part IA, Section 69C, Tobacco Settlement Fund - State Treasurer, page 420, line 9, opposite /annualization/ by decreasing the amount in column (7) by /4,549,000/
Amend further, as and if amended, by striking Part IB not including paragraph 69B.2 thereof as passed by the Senate and inserting Part IB as passed by the House with the following amendments. Reference in these amendments is to Part IB as passed by the House.
Amend the bill, as and if amended, in Part IB, Section 54, page 518, Legislative Department, by adding two new paragraphs appropriately numbered at the end to read:
/54. __ (LEG: Carry forward for National Speaker's Conference) Unspent funds originally donated to defray the costs of South Carolina serving host state for the 1998 Southern Legislative Conference may be carried forward and used to pay the expense of hosting the 2001 National Speaker's Conference in Charleston, South Carolina.
54. ___ (Leg: LIS Dissolved) The Office of Legislative Information Systems (LIS) is dissolved and all personnel, equipment, supplies, appropriations, carry forward funds, and all other assets and resources transferred to the House of Representatives. Upon the transfer, the House of Representatives shall perform the functions of the former LIS which include, but are not limited to, technical support of the voting system, sound and video facilities, accounting systems, calendar and journal preparation and other systems to support the operation of the House of Representatives; generation and preparation of the Internet Web site and associated facilities for the House; production and preparation of the annual legislative manual; technical support tasks for publication of various House materials; and providing bill history, status, and other informational services traditionally provided by the LIS Information Desk. Legislative Printing and Information Technology (LPITR) shall continue to include and serve the House of Representatives as part of Local Area Network activities and shall provide such printing and distribution of legislative materials as is provided for in Sections 2-3-75, 2-13-60, 2-13-180, 2-13-190, and 2-13-210. LPITR shall ensure all agencies of the Legislative Department access to current and available historical materials./
Amend further, as and if amended, Part II, by striking Part II as passed by the Senate and inserting Part II as passed by the House with the following amendments. References in these amendments are to Part II as passed by the House.
Amend the bill, as and if amended, Part II, Section 14, page 587, line 16, by striking /a maximum of three thousand dollars a year/ and inserting:
/an amount not less than three thousand dollars nor more than four thousand dollars a year as certified by the Commission on Higher Education based on funds appropriated for this purpose and the commission's estimate of eligible students/;
Amend the bill, as and if amended, Part II, Section 17, page 589, subsection B, line 10, by striking /eighty-five/ and inserting /ninety/
Amend the bill, as and if amended, in Part II, by adding an appropriately numbered section at the end to read:
TO AMEND THE 1976 CODE BY ADDING ARTICLE 5 IN CHAPTER 10 OF TITLE 4, RELATING TO LOCAL SALES AND USE TAXES, ENACTING THE PERSONAL PROPERTY TAX EXEMPTION SALES TAX ACT, SO AS TO AUTHORIZE THE IMPOSITION BY REFERENDUM APPROVAL OF A SALES AND USE TAX IN A COUNTY IN INCREMENTS OF ONE-TENTH OF ONE PERCENT, NOT TO EXCEED TWO PERCENT, TO PROVIDE FOR THESE CIRCUMSTANCES RESULTING IN RESCINDING THE TAX, AND TO REQUIRE THE TAX REVENUE TO BE USED TO REPLACE PROPERTY TAX REVENUES NOT COLLECTED ON PRIVATE PASSENGER MOTOR VEHICLES, MOTORCYCLES, GENERAL AVIATION AIRCRAFT, BOATS, AND BOAT MOTORS WHICH ARE EXEMPT FROM PROPERTY TAXES LEVIED IN THE COUNTY IF A MAJORITY IN THE REFERENDUM FAVOR THE SALES TAX.
A. Chapter 10, Title 4 of the 1976 Code is amended by adding:
Section 4-10-510. This article may be cited as the 'Personal Property Tax Exemption Sales Tax Act'.
Section 4-10-520. This article provides the only method in which the governing body of a county by ordinance may exempt private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors from property taxes levied in the county as provided in Section 3, Article X of the Constitution of this State.
Section 4-10-530. As used in this article, a county has the meaning provided for 'county areas' in Section 4-10-10(1).
Section 4-10-540. (A) Subject to the requirements of this article, the county council by ordinance may impose a sales and use tax in increments of one-tenth of one percent, not to exceed two percent, subject to referendum approval. The rate of the tax must be set at an amount expressed in tenths of one percent estimated to be sufficient to produce revenues that do not exceed those necessary to replace private passenger motor vehicle, motorcycle, general aviation aircraft, boat, and boat motor property tax revenue in the county in the most recently completed fiscal year, but in no case more than two percent. The county council must obtain from the Board of Economic Advisors the board's certified estimate of the rate of sales and use tax necessary in the county to equal property tax revenues derived from private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors in the latest completed fiscal year. If this rate exceeds two percent, the maximum rate the board may certify is two percent. This certified rate is the rate of tax that must appear in the referendum question. If the revenue of a two percent tax does not at least equal the revenue not collected, then for the first year of implementation, the shortfall must be made up by a distribution to the county from the Trust Fund for Tax Relief, and this distribution is considered additional sales tax revenue pursuant to this article. Thereafter, this distribution must be adjusted by an amount equal to any increase in the consumer price index in the most recently completed calendar year, but in no case may this distribution result in a reimbursement to a county that exceeds the personal property tax revenue not collected because of the exemption allowed by this article.
(B) If the property tax assessment ratio applicable to private passenger motor vehicles and motor cycles is reduced, then for a county where the tax allowed by this article is imposed, the board shall certify a new tax rate applying the reduced assessment ratio to the assessed value of vehicles in the county in the most recently completed fiscal year, using the millage applicable for that fiscal year, and calculate a tax rate sufficient to produce that revenue in a fiscal year plus the revenue not collected because of the exemption for general aviation aircraft, boats, and boat motors from the original calculation, not to exceed two percent. This new rate applies effective beginning with the month the assessment ratio changes and continues to apply while that assessment ratio applies or until the tax is rescinded.
Section 4-10-550. (A) The sales and use tax authorized by this article is imposed by an enacting ordinance of the county council.
(B) Upon receipt of the ordinance, the county election commission shall conduct a referendum on the question of imposing the sales and use tax. A referendum for this purpose must be held at the time of the general election. Two weeks before the referendum the election commission shall publish in a newspaper of general circulation the question that is to appear on the ballot. This notice is in lieu of any other notice otherwise required by law.
(C) The referendum question to be on the ballot must read substantially as follows:
'Must a (rate) sales and use tax be imposed in (county) to replace property tax revenues not collected because of a one hundred percent property tax exemption for private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors otherwise taxable in the county?
(D) All qualified electors desiring to vote in favor of imposing the tax shall vote 'Yes' and all qualified electors opposed to imposing the tax shall vote 'No'. If a majority of the votes cast are in favor of imposing the tax, then the tax is imposed as provided in this article and beginning for motor vehicle tax years beginning on and after that date, and all other property tax years beginning after the year in which the referendum is held, all private passenger motor vehicles as defined in Section 56-3-630, motorcycles, general aviation aircraft, boats, and boat motors otherwise taxable in the county are exempt from property taxes levied in the county. The election commission shall conduct the referendum under the election laws of this State, mutatis mutandis, and shall certify the result no later than December thirty-first to the county governing body and to the Department of Revenue.
(E) Upon receipt of the returns of the referendum, the county council, by resolution, shall declare the results thereof. The results of the referendum may not be questioned except by a suit or proceeding instituted within thirty days from the date the resolution is adopted.
Section 4-10-560. If the sales and use tax is approved in the referendum, the tax is imposed on the first of July following the date of the referendum. If the certification is not timely made to the Department of Revenue, the imposition and property tax exemption is postponed for twelve months.
Section 4-10-570. (A) Upon petition of at least fifteen percent of the qualified electors of a county presented to the county council of the county which has implemented the sales and use tax authorized by this article requesting that this tax be rescinded, the council shall direct the county election commission to conduct a referendum on the question of rescinding the sales and use tax. A referendum for this purpose must be held on the Tuesday following the first Monday in November following verification of the petition. Two weeks before the referendum the election commission shall publish in a newspaper of general circulation the question that is to appear on the ballot. This notice is in lieu of any other notice otherwise required by law.
(B) The referendum question to be on the ballot must read substantially as follows:
'Must the (rate) sales and use tax imposed in (county) be rescinded with the revenue not collected replaced by extending the property tax to private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors previously not subject to property tax in this county?
(C)(1) All qualified electors desiring to vote in favor of rescinding the tax shall vote 'Yes' and all qualified electors opposed to rescinding the tax shall vote 'No'. If a majority of the votes cast are in favor of rescinding the tax, then the tax is rescinded effective July first following the referendum and property taxes apply to all private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors taxable in the county for motor vehicle tax years beginning after June 30 following the referendum and other property tax years beginning after the year in which the referendum is held. The election commission shall conduct the referendum under the election laws of this State, mutatis mutandis, and shall certify the result no later than December thirty-first to the county council. If a majority 'Yes' vote is certified, it must be certified to the Department of Revenue by the same date.
(2) Upon receipt of the return of the referendum, the county council shall declare the results thereof by resolution. The results of the referendum may not be questioned except by a suit or proceeding instituted within thirty days from the date the resolution is adopted.
(D) A referendum for rescission of this tax may not be held earlier than two years after the tax has been imposed in the county. If a majority of the qualified electors voting in the rescission referendum vote against rescinding the tax, no further rescission referendums may be held for a period of two years. If a majority of the qualified electors vote in favor of rescinding the tax, the tax may not be reimposed in the county for a period of two years. The petition requesting rescission must be presented to the county governing body at least one hundred twenty days before the Tuesday following the first Monday of November of that year or the referendum must be held on the Tuesday following the first Monday of November of the following year.
Section 4-10-580. (A) The tax levied pursuant to this article must be administered and collected by the Department of Revenue in the same manner that other sales and use taxes are collected. The department may prescribe amounts that may be added to the sales price because of the tax.
(B) The tax authorized by this article is in addition to all other local sales and use taxes and applies to the gross proceeds of sales in the applicable area that is subject to the tax imposed by Chapter 36 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The gross proceeds of the sale of items subject to a maximum tax in Chapter 36 of Title 12 are exempt from the tax imposed by this article. The tax imposed by this article also applies to tangible personal property subject to the use tax in Article 13, Chapter 36 of Title 12.
(C) Taxpayers required to remit taxes under Article 13, Chapter 36 of Title 12 shall identify the county in which the personal property purchased at retail is stored, used, or consumed in this State.
(D) Utilities shall report sales in the county in which the consumption of the tangible personal property occurs.
(E) A taxpayer subject to the tax imposed by Section 12-36-920, who owns or manages rental units in more than one county shall report separately in his sales tax return the total gross proceeds from business done in each county.
(F) The gross proceeds of sales of tangible personal property delivered after the imposition date of the tax levied under this article in a county, either under the terms of a construction contract executed before the imposition date, or a written bid submitted before the imposition date, culminating in a construction contract entered into before or after the imposition date, are exempt from the sales and use tax provided in this article if a verified copy of the contract is filed with the Department of Revenue within six months after the imposition date of the sales and use tax provided for in this article.
(G) Notwithstanding the imposition date of the sales and use tax authorized pursuant to this chapter, with respect to services that are billed regularly on a monthly basis, the sales and use tax authorized pursuant to this article is imposed beginning on the first day of the billing period beginning on or after the imposition date.
Section 4-10-590. (A) The revenues of the tax collected under this article must be remitted to the Department of Revenue and placed on deposit with the State Treasurer and credited to a fund separate and distinct from the general fund of the State. After deducting the amount of any refunds made and costs to the Department of Revenue of administering the tax, not to exceed one percent of the revenues, the State Treasurer shall distribute the revenues quarterly to the county treasurer of the county in which the tax is imposed. The State Treasurer may correct misallocations by adjusting subsequent distributions, but these adjustments must be made in the same fiscal year as the misallocations.
(B) Revenues of the tax must be distributed by the county treasurer to the general funds of property taxing entities in the county in the proportion that each such entity collects of all property taxes levied in the county.
Section 4-10-600. The Board of Economic Advisors shall furnish data to the State Treasurer and to the counties receiving revenues for the purpose of calculating distributions and estimating revenues. The information that must be supplied to counties upon request includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information about a specific taxpayer is considered confidential and is governed by the provisions of Section 12-54-240. A person violating this section is subject to the penalties provided in Section 12-54-240."
B. Section 11-11-150(A) of the 1976 Code, as added by Act 419 of 1998, is amended to read:
"(A) In calculating estimated state individual and corporate income tax revenues for a fiscal year the Board of Economic Advisors shall deduct amounts sufficient to pay the reimbursement required pursuant to:
(1) Section 12-37-251 for the residential property tax exemption;
(2) Section 12-37-270 for the homestead exemption for persons over age sixty-five or disabled;
(3) Section 12-37-935(B) for manufacturer's additional depreciation; and
(4) Section 12-37-450 for the inventory tax exemption; and
(5) Section 4-10-540(A) for the reimbursement provided for personal property taxes not collected on private passenger motor vehicles, motorcycles, general aviation aircraft, boats and boat motors."
C. This section takes effect upon ratification of an amendment to Section 3, Article X of the Constitution of this State authorizing the governing body of a county by ordinance to exempt private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors from property tax levied in the county pursuant to a referendum held in the county. /
Amend further, as and if amended, by striking PART III and PART IV, not including Section 1 of Part IV, as passed by the Senate and inserting:
SECTION 2. (A) From projected Fiscal Year 1999-2000 general fund surplus revenues identified in SECTION 1, the following sums are appropriated from the general fund of the State as provided in subsection B for the purposes stated:
(1) State Department of Education
EAA Report Card $ 2,600
(2) State Department of Education
Transportation - Buses, Fuel and Parts 6,165,230
(3) State Department of Education
Instructional Materials 1,999,801
(4) State Department of Education
K-12 Technology 16,500,000
(5) School for the Deaf & Blind
Facility Maintenance and
Accessibility & Safety Improvements 1,020,877
(6) Employee Benefits -Health Insurance
FY 2000-01 Rate Increase 10,225,000
(7) Employee Benefits - 401K Program 7,200,000
(8) Higher Education Tuition Grants
Tuition Grants 500,000
(9) Department of Parks, Recreation and Tourism
Alternative Funding 2,000,000
(10) Aid to Subdivisions - Comptroller General
Personal Property Tax Relief 10,000,000
(11) SC State University
DHEC/LLR Health & Safety Inspection 905,375
(12) Department of Parks, Recreation & Tourism
PRT Grant Fund 1,653,042
(13) Department of Health & Environmental Control
Water Quality Testing 200,000
(14) Department of Health & Environmental Control
Myrtle Beach Study & Engineering Plan
for Water Quality 300,000
(15) State Department of Education
Governor's School for the Arts 2,034,000
(16) Board for Technical and Comprehensive Education
Special Schools 10,500,000
(17) Department of Health & Human Services
Medicaid 2,631,958
(18) Department of Juvenile Justice
Operating Funds for Subclass, Detention
Center, and Evaluation Center 2,100,000
(19) Department of Commerce
Pleasant Valley Commons 600,000
(20) Department of Public Safety
New Trooper Class 2,700,000
(21) Department of Commerce
Aviation Trust Fund 50,000
(22) Department of Commerce
Phillis Wheatley Association 202,941
(23) Department of Commerce
Historical Greenville Foundation 1,000,000
(24) Budget & Control Board - Division of Budget & Analyses
Professional Development 100,000
(24.1) (Professional Development) To ensure that state government employees are properly trained to achieve their mission, and courteously and effectively to serve the taxpayers, the funds appropriated for professional development must be used to provide a professional development training curriculum to achieve performance excellence based on criteria used for the Malcolm Baldrige National Quality Award. The program must have a common curriculum to include the philosophy, teamwork training, and problem-solving techniques that provide the foundation for success in meeting the Malcolm Baldrige criteria.
(25) Department of Social Services
Foster Care Payments -Teen Homes 400,000
(25.1) (Out of Home Placement) The funds appropriated for Foster Care Payments-Teen Homes must be allocated for a rate increase for out of home placement providers.
(26) USC - Columbia
Materials Research Science & Engineering
Center (Nano Technology) 1,000,000
(27) Clemson University - Municipal Services 1,117,000
(28) Department of Health & Environmental Control
EMS Equipment 1,000,000
(29) Department of Health & Environmental Control
Beach Restoration 2,700,000
(29.1) (Beach Restoration Fund) Of the funds appropriated for beach restoration, $1,000,000 must be used to reimburse Horry County for beach renourishment expenses incurred during Fiscal Year 1999-2000, and $1,700,000 must be used for the Hunting Island State Park beach renourishment/stabilization project.
(30) Department of Commerce
YMCA Youth in Government 25,000
(31) Department of Revenue
Electronic Document Processing System 1,700,000
(32) Commission on Higher Education
Access & Equity 500,000
(33) Commission on Higher Education
Competitive Research Grants 4,000,000
(33.1) (Research and Development Technology) At least $1,000,000 of the funds provided for competitive research grants must be used for accelerating the development of high technology businesses, funding later stage research that has demonstrated commercial feasibility, and providing one time matching grants for technology equipment.
(34) SC State University - Transportation Center 500,000
(35) House of Representatives - Legal Expenses 100,000
(36) Governor's Office - OEPP
World War II Monument, Washington, DC 220,000
(37) The Senate - Legal Expenses 100,000
(38) Commission on Higher Education
SREB Membership Fees & Dues 190,090
(39) Legislative Printing
Software/Technical Support 228,000
(40) Legislative Information Systems
Equipment Repair and Installation 166,500
(41) Department of Commerce - Advertising 500,000
(42) Department of Commerce - Information
Technology Engineering Initiative 3,900,000
(42.1) (Information Technology Engineering Initiative) The Department of Commerce, from funds appropriated for the information technology engineering initiative, shall work in consultation with the research universities of the State for the implementation of the information technology engineering initiative in fiscal year 2000-2001. The department shall submit a report to the Senate Finance Committee and the House Ways and Means Committee on the expenditure of these funds.
(43) Department of Health and Human Services
Darlington Free Medical Clinic Repairs 50,000
(44) Commission on Higher Education - EPSCOR 2,500,000
(45) Commission on Higher Education
- GEAR-UP 1,000,000
(46) Commission on Higher Education
Academic Endowment Incentive 815,000
(47) Clemson University
Call Me MISTER Initiative 517,174
(48) SC State - PSA - Regulatory & Public Service 500,000
(49) Winthrop University - Deferred Maintenance
Window Replacement 1,535,364
(50) Department of Health & Human Services
Richland County Senior Center Repairs 100,000
(51) Adjutant General - Armory Maintenance 550,000
(51.1) (Summerville Armory Infrastructure) Of the funds appropriated for Armory Maintenance, $150,000 must be used for the Summerville National Guard Armory Infrastructure.
(52) Commission for the Blind - Rehab Services -
Assistive Technology 20,000
(53) Department of Natural Resources
Wildlife Diversity 300,000
(54) Department of Natural Resources - NPS Cost Share,
Water Monitoring & Aquatic Weeds 1,240,000
(55) Department of Natural Resources - Soil & Water
Conservation National Convention 25,000
(55.1) (Soil and Water Conservation Society) The Department of Natural Resources shall provide the amount appropriated on a one-time basis to the South Carolina Chapter of the Soil and Water Conservation Society to pay a portion of the cost associated with the society's national convention.
(56) Judicial Department
Drug Treatment Court Pilot Program 1,000,000
(57) The 1 million appropriated for the Drug Court treatment pilot program shall be expended in the following manner: At least 85% for drug court grants and no more than 15% for judicial administration.
(58) Judicial Department - Computer Automation 440,000
(59) Attorney General - Palmetto Exile
Prosecution Unit 77,500
(60) Department of Probation, Parole & Pardon Services
Information Technology 960,000
(61) Department of Probation, Parole & Pardon Services
Sex Offender Project 500,000
(62) Department of Alcohol and Other Drug Abuse Services
Technical Upgrade 325,318
(63) Department of Alcohol and Other Drug Abuse Services
Operating Costs 1,000,000
(64) The Senate - NCSL & Council of State
Governments Dues 5,955
(65) Department of Commerce
Economic Development Set-Aside 2,500,000
(66) SC State University
Business School Accreditation 500,000
(67) Forestry Commission
Forest Resource Inventory 500,000
(68) Clemson-PSA - Agri-Systems
Productivity & Profitability (2x4) 2,000,000
(69) Department of Juvenile Justice
Operating Funds for Northeast Center 3,292,914
(70) Clemson-PSA
Fire Ant Research & Education 200,000
(71) Clemson-PSA - Tropical Soda Apple 80,000
(72) Department of Commerce -
Staff Development 165,000
(73) Department of Commerce
S.C. World Trade Center 125,000
(73.1) (S.C. World Trade Center) The funds appropriated for the S.C. World Trade Center must be used to promote business in exporting and importing and to provide education in those areas. A report must be submitted annually to the Senate Finance Committee and to the House Ways and Means Committee detailing the programs and the purposes for which these funds were expended.
(74) Secretary of State - Information Technology 250,000
(75) Budget and Control Board - Div. of Regional Development
Salkehatchie Leadership Center 125,000
(76) Budget and Control Board - Div. of Regional Development
Sustainable Universities Initiative 300,000
(76.1) (Sustainable Universities Initiative) The funds appropriated for the sustainable universities initiative must be used to provide mini grants for colleges and universities, excluding Clemson University, the University of South Carolina, and the Medical University of South Carolina.
(77) Budget and Control Board - Div. of Regional Development
Jackson Mills Sewer Project 400,000
(78) Budget and Control Board - Div. of
Regional Development
Waccamaw River Flood Plain Study 400,000
(78.1) (Waccamaw River Flood Plain Study) The State Budget and Control Board shall use the funds appropriated for the Waccamaw River Flood Plain Study, which may be applied as part of the state match that may be required by the Army Corps of Engineers, to correct any problems regarding the flood plain of the Waccamaw River.
(79) Department of Corrections - Medical Expenses 1,750,000
(80) SC State University - Deferred Maintenance 1,000,000
(81) USC-Columbia
Small Business Development Center 191,398
(82) Department of Health & Human Services
Commun-I-Care Pharmaceuticals 500,000
(83) Department of Archives & History
Microfilming Historical County Records 50,000
(84) Department of Archives
Mary McLeod Bethune homeplace
replica to be constructed in
Mayesville on site of her birthplace 25,000
(85) Department of Corrections
Institutional Maintenance 1,000,000
(86) Department of Juvenile Justice
Information Technology 490,000
(87) Arts Commission
Community Cultural Facilities Development 200,000
(88) Department of Health & Environmental Control
Beach Restoration 1,000,000
(89) Governor's Office - OEPP
Professional Development 100,000
(89.1) (Performance Excellence Program) In order to ensure the goal of the Governor, that Governor's Office and cabinet department employees are properly trained to achieve their mission, and courteously and effectively to serve the taxpayers, the funds appropriated for professional development are for a performance excellence program. The funds must be used to provide a professional development program to achieve performance excellence based on criteria used for the Malcolm Baldrige National Quality Award. The program shall have a common curriculum to include the philosophy, teamwork training, and problem-solving techniques that provide the foundation for success in meeting the Malcolm Baldrige criteria.
(90) Arts Commission
Grant Making 500,000
___________
TOTAL $130,043,037
B. The appropriations in subsection A of Section 2 of this act are contingent based on the availability of $130,043,037 in projected unobligated fiscal year 1999-2000 general fund revenues and are therefore listed in priority order beginning with item (1). Each separate item must be fully funded before the next item in order of priority until all items are paid or funds are unavailable from the amount specified, whichever occurs first. Unexpended funds appropriated pursuant to this Part may be carried forward to succeeding fiscal years and expended for the same purposes. Appropriations in this Part must be posted in fiscal year 2000-2001.
C. This Section 2 takes effect July 1, 2000, but no appropriation in this section may be paid before the later of September 1, 2000, or the date the Comptroller General closes the state's books on fiscal year 1999-2000.
SECTION 3. (A)(1)(a) The appropriation in Part 1A, Section 1, Subsection XIII of Act 100 of 1999, for "Aid Schl Dist Educ Fin Act" in the amount of $1,131,409,216 in the Total Funds and General Funds columns is reduced by $10,033,660 in both columns.
(b) The increased revenue realized by the reductions in the appropriations referenced in subitem (a) above, notwithstanding any other provision of law including a provision in Part IA or IB of a general appropriations bill or act to the contrary to include this act must be retained in the general fund of the State.
(c) The provisions of this subsection, notwithstanding any other provision of law including a provision in Part IA or IB of a general appropriations bill or act to the contrary to include this act, take effect upon approval of this act by the Governor.
(2) Projected surplus general fund revenues and lapsed general fund appropriations identified in Section 1 of this part, and in item (1) of this subsection, are reduced by $18,400,000 to reflect video poker license refunds.
(B) From all other revenue sources identified in Section 1 of this Part and subsection (A) of this section, not including the $130,043,037 in projected surplus, the following sums are appropriated or transferred from the general fund of the State for the purposes stated:
(1) General Reserve Fund
Transfer $ 2,545,350
(2) State Department of Education
Instructional Materials 3,000,199
(3) Commission on Higher Education
Performance Funding 37,361,337
(4) Department of Agriculture
Lab Services Renovations 38,000
(5) Department of Agriculture
Quality Program 20,000
(6) Department of Natural Resources
Game: Operating and Personnel Costs 250,000
(7) Department of Probation, Parole and
Pardon Services
Contract Bedspace 150,000
(8) Department of Juvenile Justice
Operating Funds for Northeast Center 758,405
(9) Department of Juvenile Justice
Addition of Female Units to Regional
and Evaluation Centers 678,000
(10) Workers Compensation Commission
Self-Insurance Program Audit Function 15,000
(11) House of Representatives
Operating Expenses 150,000
(12) Election Commission
2000 General Election 2,969,100
(13) Election Commission
Poll Managers Increase 131,925
(14) Department of Parks, Recreation and Tourism
Alternative Funding 2,000,000
(15) Commission on Higher Education
Life Scholarships 1,952,977
Total $52,020,293
B. Unexpended funds appropriated pursuant to this Section 3 may be carried forward to succeeding fiscal years and used for the same purposes.
C. This Section 3 takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRELL explained the amendment.
Rep. HARRELL moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate amendments to the following Joint Resolution were taken up for consideration:
H. 4776 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1999-00.
Rep. HARRELL moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 4994 (Word version) -- Reps. Young-Brickell, Chellis and Bailey: A BILL TO AMEND ACT 535 OF 1982 AND ACT 536 OF 1986, BOTH AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF SUMMERVILLE SCHOOL DISTRICT NO. 2 IN DORCHESTER COUNTY AND DORCHESTER COUNTY SCHOOL DISTRICT 4, RESPECTIVELY, SO AS TO REVISE THE DATES BY WHICH PERSONS DESIRING TO BECOME CANDIDATES FOR ELECTION TO THESE BOARDS MUST FILE A NOMINATING PETITION.
Reps. YOUNG-BRICKELL, CHELLIS and BAILEY proposed the following Amendment No. 2 (Doc Name GJK\AMEND\21426SD00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 2(b) of Act 535 of 1982, as last amended by Act 281 of 1989, is further amended to read:
"(b) Beginning January 1, 1983, the board of trustees of Summerville School District No. 2 shall consist of seven members who must be residents of the district they represent and who must be elected at large by the qualified electors of that district. Members of the board must be elected in a nonpartisan election conducted by the county election commission at the time of the 1982 general election. The seven candidates receiving the highest number of votes are elected. The four elected members of the board receiving the highest vote shall serve terms of four years and the three elected members receiving the next highest vote serve initial terms of two years each. Thereafter, their successors must be elected in nonpartisan elections held at the time of the general election every two years, as terms expire, for terms of four years. All members of the board shall serve until their successors are elected and qualify. Vacancies on the board must be filled by appointment of the county legislative delegation until the next general election at which time a successor must be elected in the same manner provided in this act for the unexpired term or for a full term as the case may be. Any person who wishes to become a candidate for election to the board shall file a petition containing the signatures of at least two hundred fifty qualified electors residing in the district with the Dorchester County Election Commission at least sixty days before the date set for the election but not earlier than ninety days prior to the election not later than twelve o'clock noon on August first or, if August first falls on Sunday, not later than twelve o'clock noon on the following Monday. Except for the number of signatures required the petition must meet the requirements of Article 1, Chapter 11, Title 7 of the 1976 Code. When certified, the commission shall place the name of the candidate on the ballot without regard to party affiliation.
A separate, nonpartisan ballot must be used for the election of the board. It shall comply substantially with the provisions of Article 3, Chapter 13, Title 7 of the 1976 Code, mutatis mutandis. The expenses of the election must be borne by the district."
SECTION 2. The first paragraph of Section 5 of Act 536 of 1986, as last amended by Act 592 of 1992, is further amended to read:
"The members of the board of trustees must be residents of the single member district from which they are elected and must be elected as provided in this Part herein. Vacancies on the board must be filled at the next general election, or at a special election if the vacancy occurs more than one hundred eighty days before the next general election, at which time a successor must be elected in the same manner provided in this act for the unexpired term or for a full term as the case may be. If the vacancy occurs one hundred eighty days or less before the general election, the members of the legislative delegation representing the district shall fill the vacancy. All person desiring to qualify as candidates and be elected to the board by the qualified electors shall file a nominating petition containing the signatures of not less than one hundred qualified electors of the district for which he offers as a candidate with the Dorchester County Election Commission at least sixty days before the date set for the election but not earlier than ninety days before the election not later than twelve o'clock noon on August first or, if August first falls on Sunday, not later than twelve o'clock noon on the following Monday. The commission shall examine the petition and determine its validity not later than thirty days before the election."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration:
H. 4922 (Word version) -- Reps. Allison, Davenport and Hawkins: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN SPARTANBURG COUNTY WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.
Rep. ALLISON explained the Senate Amendments.
Rep. WALKER made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Joint Resolution were taken up for consideration:
H. 5027 (Word version) -- Rep. Knotts: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS ALONG PINE RIDGE ROAD (S-103) IN LEXINGTON COUNTY THAT INFORM MOTORISTS THAT TRUCK TRAFFIC IS PROHIBITED ALONG THIS ROADWAY.
The Senate amendments were agreed to, and the Joint Resolution having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
S. 1266 (Word version) -- Senator Ford: A BILL TO PROVIDE THAT THE CONFEDERATE BATTLE FLAG SHALL BE REMOVED FROM ATOP THE STATE HOUSE, FROM THE FRONT GROUND-FLOOR FOYER OF THE STATE HOUSE, AND FROM THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES AND PLACED IN AN UNBREAKABLE GLASS DISPLAY CASE IN FRONT OF THE CONFEDERATE SOLDIER'S MONUMENT ON THE STATE HOUSE GROUNDS, TO PROVIDE THAT THE FIRST NATIONAL FLAG OF THE CONFEDERACY (STARS AND BARS) SHALL BE DISPLAYED AT THE WOMEN'S MONUMENT TO THE CONFEDERACY ON THE STATE HOUSE GROUNDS, AND TO PROVIDE THAT THE UNIVERSAL NEGRO IMPROVEMENT ASSOCIATION FLAG (BLACK LIBERATION FLAG) SHALL BE DISPLAYED AT THE AFRICAN AMERICAN MONUMENT ON THE STATE HOUSE GROUNDS; AND TO AMEND CHAPTER 1, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC BUILDINGS AND PROPERTY, BY ADDING SECTION 10-1-165 SO AS TO PROVIDE THAT ONLY THE UNITED STATES FLAG AND THE SOUTH CAROLINA STATE FLAG SHALL FLY ATOP THE STATE HOUSE, BE DISPLAYED IN THE FRONT GROUND-FLOOR FOYER OF THE STATE HOUSE, AND IN THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES.
Rep. FLEMING made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. HARRISON moved to waive Rule 5.15.
Rep. HARRISON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Askins Bailey Bales Barrett Battle Bowers Breeland Brown, G. Brown, H. Brown, J. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cotty Dantzler Davenport Delleney Easterday Edge Emory Frye Gamble Gilham Gourdine Govan Harrell Harrison Harvin Haskins Hawkins Hayes Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kelley Klauber Knotts Koon Law Leach Limehouse Loftis Lourie Lucas Mack Maddox McCraw McGee McKay McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Phillips Quinn Rhoad Riser Rodgers Rutherford Sandifer Seithel Sharpe Sheheen Smith, F. Smith, J. Smith, R. Stille Stuart Taylor Tripp Walker Webb Whatley Wilkes Wilkins Witherspoon Woodrum
Those who voted in the negative are:
Barfield Cooper Fleming Hines, J. Kirsh Lanford Littlejohn Lloyd Meacham-Richardson Rice Robinson Scott Simrill Trotter Vaughn Whipper Young-Brickell
So, Rule 5.15 was waived.
Rep. HARRISON explained the Senate Amendments.
Rep. FLEMING moved to continue the Bill.
Rep. EASTERDAY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Barfield Barrett Cato Cooper Dantzler Davenport Delleney Fleming Frye Gamble Govan Howard Huggins Kirsh Knotts Koon Lanford Littlejohn Loftis Martin McCraw McGee McKay Meacham-Richardson Rhoad Rice Riser Sharpe Townsend Trotter Vaughn
Those who voted in the negative are:
Allen Allison Askins Bailey Bales Battle Bowers Breeland Brown, G. Brown, H. Brown, J. Campsen Carnell Chellis Clyburn Cobb-Hunter Cotty Easterday Edge Emory Gilham Gourdine Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Jennings Keegan Kelley Kennedy Klauber Law Leach Lee Limehouse Lloyd Lourie Lucas Mack Maddox McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Phillips Quinn Robinson Rodgers Rutherford Sandifer Scott Seithel Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Stuart Taylor Tripp Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
So, the House refused to continue the Bill.
The question then recurred to concurrence or non-concurrence in the Senate Amendments.
Rep. SIMRILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
McLeod, M. McLeod, W.
Those who voted in the negative are:
Allison Askins Bailey Bales Barfield Barrett Battle Bowers Breeland Brown, G. Brown, H. Brown, J. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gamble Gilham Gourdine Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Martin McCraw McGee McKay McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Stuart Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
So, the House refused to agree to the Senate amendments and a message was ordered sent accordingly.
At the time of the vote on S. 1266 I was out of the House Chamber attending to a matter of local urgency. I therefore respectfully request that the Journal reflect that it was my intention to join my colleagues in non-concurring with the Senate Amendments.
Rep. Ralph W. Canty, Sr.
The Senate amendments to the following Bill were taken up for consideration:
H. 3086 (Word version) -- Rep. Wilder: A BILL TO AMEND SECTION 61-6-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF APPLICATION FOR BEER OR WINE PERMITS AND ALCOHOLIC LIQUOR LICENSES, SO AS TO REVISE THE NEWSPAPER NOTICE AND NOTICE POSTING REQUIREMENTS.
Rep. EASTERDAY made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:
S. 21 (Word version) -- Senators Leventis, Branton, McConnell, Rankin and Reese: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO, AMONG OTHER THINGS, CHANGE VARIOUS PENALTIES, INCLUDING MAKING CERTAIN MISDEMEANOR OFFENSES FELONIES AND ALLOW CERTAIN FIRST OFFENSE VIOLATIONS TO BE TRIED IN MUNICIPAL COURT.
S. 1204 (Word version) -- Senators Drummond, Leventis and Hayes: A BILL TO AMEND SECTIONS 9-1-10, AS AMENDED, 9-1-470, AS AMENDED, 9-1-1140, AS AMENDED, 9-1-1510, AS AMENDED, 9-1-1515, AS AMENDED, 9-1-1540, 9-1-1550, AS AMENDED, 9-1-1650, AS AMENDED, 9-1-1660, AND 9-1-1910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, MEMBERSHIP BY EMPLOYERS, PURCHASE OF SERVICE CREDIT, SERVICE RETIREMENT ELIGIBILITY AND EARLY RETIREMENT, DISABILITY RETIREMENT AND DISABILITY RETIREMENT ALLOWANCES, WITHDRAWAL OF CONTRIBUTIONS BY MEMBER AND PROVISIONS FOR BENEFICIARIES WHEN A MEMBER DIES IN SERVICE, AND THE MINIMUM BENEFIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REVISE AND PROVIDE ADDITIONAL DEFINITIONS, CORRECT CROSS-REFERENCES, CLARIFY THAT A PREREQUISITE FOR ANY BENEFIT IS AT LEAST FIVE YEARS OF EARNED SERVICE, TO REVISE ELIGIBILITY REQUIREMENTS AND PAYMENT AMOUNTS REQUIRED TO ESTABLISH SERVICE CREDIT FOR SERVICE OUTSIDE OF THE VARIOUS STATE RETIREMENT SYSTEMS AND DELETE THE LUMP SUM PURCHASE TO OFFSET A REDUCTION FOR EARLY RETIREMENT AND TO AMEND SECTIONS 9-11-10, AS AMENDED, 9-11-40, AS AMENDED, 9-11-50, AS AMENDED, 9-11-60, AS AMENDED, 9-11-70, AS AMENDED, 9-11-80, AS AMENDED, 9-11-130, 9-11-210, AS AMENDED, 9-11-220, AND 9-11-310, RELATING TO DEFINITIONS, MEMBERSHIP OF EMPLOYERS AND EMPLOYEES, CREDITED SERVICE, SERVICE RETIREMENT ELIGIBILITY AND RETIREMENT ALLOWANCES, DISABILITY RETIREMENT, PROVISIONS FOR BENEFICIARIES WHEN A MEMBER DIES IN SERVICE, EMPLOYER AND EMPLOYEE CONTRIBUTIONS, AND THE COST OF LIVING ADJUSTMENT, FOR PURPOSES OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO REVISE AND PROVIDE ADDITIONAL DEFINITIONS, CORRECT CROSS REFERENCES, CLARIFY THAT A PREREQUISITE FOR ANY BENEFIT IS AT LEAST FIVE YEARS OF EARNED SERVICE, TO REVISE ELIGIBILITY REQUIREMENTS AND PAYMENT AMOUNTS REQUIRED TO ESTABLISH SERVICE CREDIT FOR SERVICE OUTSIDE OF THE VARIOUS STATE RETIREMENT SYSTEMS, AND CONFORM THE COST OF LIVING DEFINITION UNDER THIS SYSTEM TO THE DEFINITIONS USED IN THE SOUTH CAROLINA RETIREMENT SYSTEM, AND TO REPEAL SECTIONS 9-1-80, 9-1-440, 9-1-500, 9-1-850, 9-1-860, 9-1-1040, 9-1-1150, 9-1-1530, 9-1-1535, 9-1-1700, 9-1-1710, 9-1-1720, 9-1-1730, 9-1-1850, 9-1-1860, 9-11-55, 9-11-325, AND 9-11-330 ALL RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM OR THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, AND ALL MADE OBSOLETE BY THE PROVISIONS OF THIS ACT.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 4753 (Word version) -- Reps. Altman, Robinson, Barfield, Cato, Gilham, Leach, Limehouse, Littlejohn, McGee, Meacham-Richardson, Rhoad, Riser, Stille, Young-Brickell, Loftis, Easterday and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3525 SO AS TO AUTHORIZE STATE INCOME TAX CREDITS UP TO FIVE HUNDRED DOLLARS A YEAR ON A PHASED-IN BASIS FOR CONTRIBUTIONS MADE TO PUBLIC SCHOOLS FOR SCHOOL SUPPORT AND TO NONPROFIT SCHOLARSHIP FUNDING ORGANIZATIONS THAT PROVIDE SCHOLARSHIPS FOR CHILDREN TO ATTEND A SCHOOL OF THEIR CHOICE.
H. 4563 (Word version) -- Reps. Lourie, Martin and J. Smith: A BILL TO AMEND SECTION 56-1-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE POINT SYSTEM FOR THE EVALUATION OF THE OPERATING RECORD OF A PERSON TO WHOM A DRIVER'S LICENSE HAS BEEN ISSUED AND FOR THE DETERMINATION OF THE CONTINUED QUALIFICATIONS OF THE PERSON TO DRIVE, SO AS TO REVISE THE MAXIMUM SPEED LIMIT ASSOCIATED WITH A FOUR-POINT VIOLATION FOR SPEEDING AND THE MAXIMUM SPEED LIMIT ASSOCIATED WITH A SIX-POINT VIOLATION FOR SPEEDING; AND TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO THE ALTERATION OF SPEED LIMITS BY LOCAL AUTHORITIES, SO AS TO PROVIDE PENALTIES FOR PERSONS WHO VIOLATE THE SPEED LIMIT WHILE OPERATING A VEHICLE WITH LESS THAN SIX WHEELS AND VEHICLES WITH SIX WHEELS OR MORE, AND TO PROVIDE THAT A PERSON WHO OPERATES A VEHICLE IN EXCESS OF TWENTY-FIVE MILES AN HOUR ABOVE THE POSTED SPEED LIMIT SHALL LOSE HIS PRIVILEGE TO DRIVE FOR SIX MONTHS.
Rep. HARRELL moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 5098 (Word version) -- Rep. Miller: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME COMET STREET IN MURRELL'S INLET IN GEORGETOWN COUNTY AS HEWITT STREET IN HONOR OF WILLIAM L. HEWITT.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 5099 (Word version) -- Reps. Huggins, Quinn and Riser: A CONCURRENT RESOLUTION CONGRATULATING THE IRMO HIGH SCHOOL "YELLOW JACKETS" BOYS SOCCER TEAM, COACHES, AND STAFF ON WINNING THE 2000 CLASS AAAA STATE CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1395 (Word version) -- Senator Passailaigue: A CONCURRENT RESOLUTION TO RECOGNIZE THE COAST GUARD CUTTER METOMPKIN ON ITS SERVICE TO THE CHARLESTON COMMUNITY UPON ITS DEPARTURE TO ITS NEW HOMEPORT OF KEY WEST, FLORIDA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
On motion of Rep. EASTERDAY, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
S. 44 (Word version) -- Senators Jackson, Elliott, Wilson, Washington and Reese: A BILL TO AMEND ARTICLE 3, CHAPTER 3, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMINAL INFORMATION AND COMMUNICATION SYSTEM, BY ADDING SECTION 23-3-115, SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION SHALL CHARGE A FEE NOT TO EXCEED FIVE DOLLARS FOR A CRIMINAL RECORD SEARCH CONDUCTED PURSUANT TO THIS ARTICLE AND RELATED REGULATIONS CONTAINED IN SUBARTICLE 1, ARTICLE 3, CHAPTER 73 OF THE CODE OF REGULATIONS, IF THE CRIMINAL RECORD SEARCH IS CONDUCTED FOR A CHARITABLE ORGANIZATION OR FOR THE USE OF A CHARITABLE ORGANIZATION.
The Senate amendments to the following Bill were taken up for consideration:
H. 3745 (Word version) -- Reps. Campsen, Altman, Barrett, Barfield, Cato, Cooper, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harrison, Haskins, Inabinett, Kelley, Leach, Littlejohn, Loftis, McCraw, McMahand, J. H. Neal, Phillips, Pinckney, Sandifer, Sharpe, Simrill, J. Smith, Stille, Tripp, Vaughn, Wilkins, Witherspoon, Lourie and Knotts: A BILL TO AMEND CHAPTER 1, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE "SOUTH CAROLINA FAMILY RESPECT ACT", TO PROVIDE THE LANGUAGE OF THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET, AND TO PROVIDE TO WHOM THE PAMPHLET SHALL BE DISTRIBUTED; TO AMEND CHAPTER 3, TITLE 53, RELATING TO THE CELEBRATION OF SPECIAL DAYS, SO AS TO PROVIDE FOR A FAMILY RESPECT DAY AND TO PROVIDE THE DAY IS OBSERVED IN THE PUBLIC HIGH SCHOOLS; TO AMEND SECTION 20-1-240, RELATING TO INFORMATION GIVEN TO MARRIAGE APPLICANTS, SO AS TO PROVIDE THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET IS DISTRIBUTED TO APPLICANTS; TO AMEND SECTION 44-63-80, AS AMENDED, RELATING TO THE ISSUANCE OF CERTIFIED COPIES OF BIRTH CERTIFICATES, SO AS TO PROVIDE THE FAMILY RESPECT PAMPHLET IS INCLUDED WITH EACH CERTIFIED COPY OF THE BIRTH CERTIFICATE; AND TO AMEND SECTION 44-122-40, RELATING TO THE OPERATION OF COUNTY FUNDED ADOLESCENT PREGNANCY PREVENTION INITIATIVES, SO AS TO PROVIDE FOR THE DISTRIBUTION AND DISCUSSION OF THE FAMILY RESPECT PAMPHLET WITH ADOLESCENTS INVOLVED IN THE INITIATIVES.
Rep. CAMPSEN proposed the following Amendment No. 1A (Doc Name COUNCIL\SKB\AMEND\18463SOM00), which was adopted:
Amend the bill, as and if amended, by striking all after the title and inserting:
/ Whereas, the General Assembly finds that the family is the fundamental building block of society; and
Whereas, the General Assembly finds that the State should promote strong families, for the family is the cradle of an ordered and vibrant republic; and
Whereas, the General Assembly finds that one way for the State to promote strong families is to publish and distribute a pamphlet which emphasizes the importance of families; and
Whereas, the General Assembly finds that such a pamphlet should contain substantially the following content and format:
It is a sociological fact: South Carolina's communities are only as strong as its families. Families are the primary building blocks of our neighborhoods, towns, and cities. Virtually all of our most serious social problems such as crime, declining physical and mental health, lack of educational success, dramatic increases in domestic violence and poverty are most directly driven by one thing: breakdown of the family. This is true for people of all races and income levels. If we are going to have healthy communities, where children are growing strong and happy, doing well in school, staying away from crime, and successfully entering adulthood, we must have strong families. Healthy families are a rich benefit to adults also. While working to build families will not solve all our problems, this is one of the most meaningful ways to significantly reduce some of our most serious personal and social illnesses.
We must recognize that there are increasingly different types of families in our communities today. The freedom to create the kinds of families that we desire is an important American value and this liberty must be respected. However, we must also recognize that individual desire and consideration does not stand by itself. The make-up of our families impacts our children and the communities we are all a part of. It must also be realized that many homes in our communities may suffer from divorce and other problems and these homes should receive all the help and support our communities can offer. Therefore, while it is unrealistic and even wrong to make one type of family form the requirement for all people, there are some common values and behaviors that we can agree should be the goal of our individual family lives as much as is possible.
A substantial body of scholarly research is telling us that these values and behaviors are the surest ways to produce the kinds of benefits and lives we want for our children, our communities, and ourselves. Personal and community progress require that we have shared goals rather than requirements. While we cannot choose the kind of family we are born into, we can choose the kind of family we will create for ourselves and our children. The information in this pamphlet should be considered as you make this very personal decision. These values represent goals we should strive for as much as possible for our individual and common well-being.
Three primary values and the reasons for holding them are listed here.
1. The Value of Sexual Restraint and Marital Faithfulness: Scientists are now telling us what our grandmothers knew all along: There are good reasons to confine sexual intercourse to marriage!
Those who limit their sexual experience to a mutually faithful marriage have virtually no risk of contracting a sexually transmitted disease. One in five people are infected with an incurable sexually transmitted disease. These diseases can infect other partners and children, limit fertility, or cause pain and even death.i
Comparing the faithfully married with all other categories of sexually active adults:
Married people with only one lifetime partner are most likely to be "extremely" or "very" satisfied with the physical and emotional pleasure they experience in their sex lives.ii
Married people are significantly more likely than others to say their sex life makes them feel "satisfied," "loved," "thrilled," "wanted," and "taken care of."iii
Likewise, the faithfully married are also least likely to report sex making them feel "sad," "anxious or worried," "scared or afraid," or "guilty."iv
Women are up to 4 times more likely to be forced to perform a sexual act by boyfriends or acquaintances than by husbands.v
Premarital sex contributes to marital unfaithfulness: 3% of people who did not engage in premarital sex were unfaithful to their spouse during marriage, while 18% of people who engaged in premarital sex "fairly often" with someone other than their spouse were unfaithful in marriage.vi
Those who are sexually active prior to marriage face a considerably higher risk of divorce than those who have not had sexual intercourse before marriage.vii
2. The Value of Marital Commitment: Commitment to marriage provides a wealth of rich benefits that are not enjoyed in cohabiting relationships and are seriously diminished by divorce. Therefore, it is in our best interest to honor and work at our marriages.
Faithful marriage is linked to:
Living longer, healthier lives and decreased need to visit the hospital and doctor's office for physical and mental illness viii
Significant protection of children from sexual abuse ix
Improved sexual fulfillment x
Lower feelings of loneliness xi
Greater feelings of overall happiness xii
Protection of women from domestic, sexual, and general violence xiii
Improving parents' ability to parent xiv
Increased individual work productivity, earnings and savings xv
While many people believe that living together before marriage can serve to strengthen relationships and improve the likelihood of successful marriages, just the opposite is true.
Living together before marriage is associated with:
50% greater likelihood of divorce than marriages not preceded by living together xvi
Increased levels of sexual unfaithfulness and relational problemsxvii
Dramatically (2 to 5 times) increased levels of domestic violence and sexual abuse against adults and children xviii
Significantly higher levels of personal depression and mental illness for adults xix
Greater discipline problems and lowered academic performance in children xx
Greater likelihood of children living in poverty compared to married homes xxi
Men earning half the income that married men do xxii
Men being less willing to help with household chores than married men xxiii
Divorce often fails to improve our lives.
Research shows the overwhelming majority of divorces in America today are a result of people growing apart rather than seeking to escape violence, abuse or seriously troubled relationships.xxiv
South Carolinians who are divorced are more likely (compared to those who are not divorced) to believe that divorce merely trades one set of problems for another.xxv Research shows why this is true.
Divorced (compared to married) adults are:
Three times more likely to commit suicide xxvi
Twice as likely to suffer from alcoholism xxvii
Most likely to suffer from serious physical and mental illness, while the married are least likely xxviii
3. The Value of Loving, Intentional Parenting: While there are children prospering in all kinds of families, researchers are finding that there are some qualities of the family that are more likely to produce happy, healthy, well-adjusted children than others.
Children raised in homes with their married parents are:
Twice as likely to stay in school and graduate, 20% more likely to attend college and up to 95% less likely to cause discipline problems at school xxix
Half as likely to end up in jail. (Each year spent without a father in the home increases chances of future jail-time by 5%.)xxx
Half as likely to bear children out of wedlock, regardless of racexxxi
Unlikely to experience poverty, while children in single-parent families are very likely to experience poverty xxxii
Significantly less likely to need treatment for physical, mental, or emotional problems xxxiii
Children of divorce (compared to children with married parents) are:
Half as likely to have positive relationships with both parentsxxxiv
Do poorer in all measures of educational performance for their entire school experience xxxv
More likely to be involved in criminal behavior, early sexual activity, and out-of-wedlock childbearing xxxvi
More likely to have serious difficulty entering successfully into adulthood xxxvii
Conclusion:
It is in the best interest of the children, adults, and communities in South Carolina to set for ourselves some basic personal goals for family life. As much as we are able, we should all encourage and work toward life-long faithful marriage as the ideal for sexual relationships, adult living arrangements, and the raising of children. Men and women should both equally strive for these goals. These are some of the most significant ways to insure a long, happy, healthy life for adults and children, as well as productive, safe communities.
Stronger and healthier families are the key to a stronger and healthier South Carolina!
DOCUMENTATION: i "Sexually Transmitted Diseases in the U.S.: Risks, Consequences and Costs," Issues in Brief, Alan Guttmacher Institute, April 1994, pp. 1-4.
ii Edward O. Laumann, et al., The Social Organization of Sexuality: Sexual Practices in the United States (Chicago: University of Chicago Press, 1994), p. 364, table 10.5.
iii Laumann, et al., 1994, p. 368, table 10.7.
iv Laumann, et al., 1994, p. 368, table 10.7.
v Robert T. Michael, et al., Sex in America: A Definitive Survey (Boston: Little, Brown and Company,1994), p. 225, figure 21.
vi Andrew Greeley, Faithful Attraction: Discovering Intimacy, Love, and Fidelity in American Marriage, (New York: Thomas Doherty Associates, 1991), p. 201.
vii Joan R. Kahn and Kathryn A. London, "Premarital Sex and the Risk of Divorce," Journal of Marriage and the Family, 53 (1991): 845-855.
viiiJames Goodwin, et al., "The Effect of Marital Status on Stage, Treatment, and Survival of Cancer Patients," Journal of the American Medical Association, 258 (1987): 3152-3130; Robert Coombs, "Marital Status and Personal Well-Being: A Literature Review," Family Relations 40 (1991): 97-102; ; Linda Waite, "Does Marriage Matter?" Demography 32 (1995): 483-507.
ix Daly and Wilson, 1985; Leslie Margolin, Child Abuse and Mother's Boyfriends: Why the Overrepresentation?" Child Abuse and Neglect 16 (1992): 541-551; Wilson and Daly, "Risk of Maltreatment of Children Living With Stepparents," in Gelles and Lancaster, eds., Child Abuse and Neglect: Biosocial Dimensions (Hawthorne, N.Y.; Aldine De Gruyter, 1987), pp. 215-232.
x Michael, et al., 1994.
xi Randy Page and Galen Cole, "Demographic Predictors of Self-Reported Loneliness in Adults," Psychological Reports 68 (1991): 939-945.
xii Coombs, 1991, p. 100.
xiii Jan Stets, "Cohabiting and Marital Aggression: The Role of Social Isolation," Journal of Marriage and the Family 53 (1991): 669-680; Criminal Victimization in the United States, 1992," U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, (March 1994), p. 31, NCJ-145125.
xiv Ronald Angel and Jacqueline Angel, Painful Inheritance: Health and the New Generation of Fatherless Families (Madison: The University of Wisconsin Press, 1993), pp. 139, 148.
xv S. Korenman and D. Neumark, "Does Marriage Really Make Men More Productive?" The Journal of Human Resources, 25 (1990): 282-307; Waite, 1995, pp. 483-507.
xvi Larry Bumpass, James Sweet, and Andrew Cherlin, "The Role of Cohabitation in Declining Rates of Marriage," Journal of Marriage and the Family," 53 (1991): 913-927;William Axxinn and Arland Thornton, "The Relationship Between Cohabitation and Divorce: Selectivity or Casual Influence?" Demography 29 (1992): 357-374; Zheng Wu, "Premarital Cohabitation and Postmarital Cohabiting Union Formation," Journal of Family Issues 16 (1995): 212-232; Neil Bennett, et al., "Commitment and the Modern Union: Assessing the Link Between Premarital Cohabitation and Subsequent Marital Stability," American Sociological Review 53 (1988): 127-138.
xvii Michael Newcomb and P. M. Bentler, "Assessment of Personality and Demographic Aspects of Cohabitation and Marital Success," Journal of Personality Assessment 44 (1980) 11-24.
xviii Kersti Yllo and Murray Straus, "Interpersonal Violence Among Married and Cohabiting Couples," Family Relations 30 (1981): 339-347; Martin Daly and Margo Wilson, "Child Abuse and Other Risk Factors of Not Living with Both Parents," Ethology and Sociobiology 6 (1985): 197-210; U.S. Bureau of Justice Statistics, Highlights from 20 Years of Surveying Crime Victims: The National Crime Victimization Survey, 1973-92 (Washington D.C.; U.S. Department of Justice, 1993), p. 18.
xix Lee Robins and Darrel Regier, Psychiatric Disorders in America: The Epidemiologic Catchment Area Study (New York: The Free Press, 1991), p. 64.
xx E. Thompson, T.L. Hanson and S. McLanahan, "Family Structure and Child Well-being: Economic Resources versus Parental Behaviors," Social Forces 73 (1991) 221-242.
xxi Wendy Manning and Daniel Lichter, "Parental Cohabitation and Children's Economic Well-being" Journal of Marriage and the Family, 58 (1996) 998-1010.
xxii Manning and Lichter, 1996, pp. 998-1010.
xxiii Margaret Segrest and M. O'Neal Weeks, "Comparison of the Role Expectations of Married and Cohabiting Subjects," International Journal of Sociology of the Family, 6 (1976): 275-281.
xxiv Paul Amato and Alan Booth, A Generation at Risk: Growing Up in an Era of Family Upheaval, Cambridge, MA: Harvard University Press, 1997), p. 220.
xxv Glenn T. Stanton, 1998 South Carolina Marital Health Index (Palmetto Family Council, 1998), pp. 38-42.
xxvi Jack Smith, et al., "Marital Status and the Risk of Suicide," American Journal of Public Health, 1988, 78:78-80.
xxvii Robins and Regier, 1991, p. 103.
xxviii I. M. Joung, et al., "Differences in Self-Reported Morbidity by Marital Status and by Living Arrangement," International Journal of Epidemiology, 1994, 23:91-97; David Williams, et al., Marital Status and Psychiatric Disorders Among Black and Whites," Journal of Health and Social Behavior, 1992, 33:140-157; Robins and Regier, 1991, p. 44.
xxix Sara McLanahan Gary Sandefur, Growing Up with a Single Parent: What Hurts, What Helps, (Cambridge: Harvard University Press, 1994), pp. 19, 47; Deborah Dawson, "Family Structure and Children's Health and Well-Being: Data from the 1988 National Health Interview Survey on Child Health," Journal of Marriage and the Family 53 (1991): 573-584.
xxx Cynthia Harper and Sara McLanahan, "Father Absence and Youth Incarceration" A paper presented to the 1998 annual meetings of the American Sociological Association, San Francisco, CA, August 1998.
xxxi Irwin Garfinkel and Sara McLanahan, Single Mothers and Their Children: A New American Dilemma (Washington D.C.: The Urban Institute Press, 1986), pp. 30-31.
xxxii David Ellwood, Poor Support: Poverty in the American Family (New York: Basic Books, 1988), p. 46; Elaine Kamarck and William Galston, "Putting Children First: A Progressive Family Policy for the 1990s," whitepaper from the Progressive Policy Institute (September 27, 1990), p. 12.
xxxiii Deborah A. Dawson, "Family Structure and Children's Health and Well-being: Data from the National Health Interview Survey on Child Health," Journal of Marriage and the Family, 53 (1991), which was adopted: 573-584; Ronald and Jacqueline Angel, Painful Inheritance: Health and the New Generation of Fatherless Families, (Madison: The University of Wisconsin Press, 1993), pp. 91-93, 101.
xxxiv James Peterson and Nicholas Zill, "Marital Disruption, Parent-Child Relationships and Behavior Problems in Children," Journal of Marriage and the Family, 1986, 48:295-307.
xxxv Paul Amato, "Children's Adjustment to Divorce: Theories, Hypotheses and Empirical Support," Journal of Marriage and the Family, 55, 1993, pp. 23-38; Nicholas Zill, et al., "Long-Term Effects of Parental Divorce on Parent Child Relationships, Adjustment and Achievement in Young Adulthood," Journal of Family Psychology, 1993, 7:91-103; Judith Wallerstein, "The Long-Term Effects of Divorce on Children: A Review," Journal of the American Academy of Child and Adolescent Psychiatry, 1991, 30:349-360.
xxxvi Edward Wells and Joseph Rankin, "Families and Delinquency: A Meta-Analysis of the Impact of Broken Homes," Social Problems, 1991, 38:71-89; Mavis Hetherington, "Effects of Father Absence on Personality Development in Adolescent Daughters," Developmental Psychology, 1972, 7:313-326; Ronald Fleck, et al., "Father Psychological Absence and Heterosexual Behavior, Personal Adjustment and Sex-typing in Adolescent Girls," Adolescence, 1980, 15:847-860; McLanahan and Sandefur, 1994, p. 53.
xxxvii Paul Amato and Bruce Keith, "Parental Divorce and Adult Well-being: A Meta-Analysis," Journal of Marriage and the Family 53 (1991): 43-48.'
Now, Therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 20 of the 1976 Code, is amended by adding:
Section 20-1-700. This act may be cited as the South Carolina Family Respect Act.
Section 20-1-710. The General Assembly finds that the family is the fundamental building block of society. Within healthy families children are instilled with values essential to the vitality of our State. These values include personal responsibility, honesty, duty, commitment to others, a work ethic, respect for authority, and sound educational habits. Because the family plays such a crucial role in developing these and other civic virtues essential to self-government, parents have a duty to themselves, their children, and society at large to instill these virtues in their children. Therefore, as much as it is able, the State should promote strong families, for the family is the cradle of an ordered and vibrant republic. Self-government depends upon civic virtue, and civic virtue in turn depends upon healthy families. The purpose of this act is to emphasize the importance of families to the success and well-being of our State.
Section 20-1-720. (A) The office of the Governor shall publish an informational pamphlet entitled 'South Carolina Family Respect', with substantially the content and form of the information found in the findings accompanying this act. The office of the Governor shall distribute the pamphlet to the agencies, offices and entities listed in subsection (B). It is the duty of the government agencies, offices, and entities listed in subsection (B) to promote the ideals of this pamphlet and distribute it to their constituencies and clients.
(B) The informational pamphlet must be distributed to:
(1) all probate judges and clerks of court who issue marriage licenses who shall give it to each couple at the time they apply for the license;
(2) all family court judges who shall give it to all couples who file a petition for divorce or a petition for approval of a separation agreement;
(3) the Department of Social Services who shall give it to each person who applies for welfare benefits;
(4) the Department of Health and Environmental Control to be included and mailed out with each certified birth certificate issued, as provided in Section 44-63-80;
(5) all public school districts in the state that teach sex education programs. All public school districts must include a discussion of the pamphlet in its sex and family education curriculum;
(6) all state and local agencies and institutions that provide health services including, but not limited to, family planning services and distribution of contraceptives, to be given to all pregnant minors, persons receiving birth control, and persons receiving information on family planning or sexually transmitted diseases;
(7) all local mental health centers to be distributed where appropriate in particular counseling situations;
(8) all county programs for adolescent pregnancy prevention initiatives, as provided in Section 44-122-40. Each initiative must include a discussion of the pamphlet with the adolescents it counsels;
(9) all public colleges, universities, and other institutions of higher learning to be distributed to all first year students during their orientation; and
(10) the pamphlet must be made available for voluntary distribution to:
(i) all clergy and counselors who provide marriage counseling;
(ii) all private high schools;
(iii) all private institutions of higher learning; and
(iv) the general public."
SECTION 2. Chapter 3, Title 53 of the 1976 Code is amended by adding:
"Section 53-3-45. The friday immediately preceding Mother's Day of each year, is designated 'Family Respect Day' in recognition of the important role the family unit plays in a healthy and productive society."
SECTION 3. Section 20-1-240 of the 1976 Code is amended to read:
"Section 20-1-240. All authorized offices, officials, or individuals empowered to issue a marriage license shall, at the time of issuance thereof application, provide to applicants for marriage licenses,:
(1) family planning information. This information shall be supplied to the issuing officials by the Department of Health and Environmental Control; and
(2) the 'South Carolina Family Respect' information pamphlet published and provided by the office of the Governor."
SECTION 4. Section 44-63-80 of the 1976 Code, as last amended by Act 71 of 1997, is further amended to read:
"Section 44-63-80. Except as otherwise provided, certified copies of the original birth certificate or any new or amendatory certificate, exclusive of that portion containing confidential information, must be issued only by the state registrar and only to the registrant, if of legal age, his parent or guardian, or other legal representative, and upon request to the Department of Social Services or its designee for the purpose of establishing paternity or establishing, modifying, or enforcing a child support obligation. The registrar shall include a copy of the pamphlet 'South Carolina Family Respect', as provided in Section 20-1-720, when it mails or sends the certified copy of the birth certificate. However, the certified copy of the birth certificate may not disclose the name of the father in any illegitimate birth unless the name of the father is entered on the certificate pursuant to Section 44-63-163 or Section 44-63-165. The short form certificate or birth card may be furnished only to the registrant, his parent or guardian, or other legal representative by the state or county registrar.
When one hundred years have elapsed after the date of birth, these records must be made available in photographic or other suitable format for public viewing."
SECTION 5. Section 44-122-40(A) of the 1976 Code, as added by Act 419 of 1998, is amended to read:
"(A) A local public or private agency or organization or combination of these agencies and organizations may apply to the county government for an allocation of funds to operate an adolescent pregnancy prevention initiative. All initiatives funded by the county government pursuant to this chapter shall emphasize premarital sexual abstinence and male responsibility. All initiatives funded by the county government pursuant to this chapter must distribute to and discuss the 'South Carolina Family Respect' information pamphlet, published and provided by the office of the Governor, with each adolescent involved in their project or program. All applications must meet the following minimum standards for consideration:
(1) Each initiative must have a plan of action for prevention of adolescent pregnancy that extends for at least five years. The proposal must include convincing evidence of a direct link between project activities and the reduction of adolescent pregnancy in the target population.
(2) Each initiative must have realistic, specific, and measurable goals, objectives, timelines, and budget for the prevention of adolescent pregnancy.
(3) The proposal must include a description of the method for collecting and reporting the data required by the department to evaluate the effectiveness of the initiative as specified in Section 44-122-60. Each initiative, before submitting its proposal, must send a representative to the evaluation standards workshop sponsored by the department."
SECTION 6. Section 20-7-7810(F) of the 1976 Code is amended to read:
"(F) Notwithstanding subsections (A) and (E), a child who is guilty of a violation of law or other misconduct which would not be a criminal offense if committed by an adult, a child who has been found in contempt of court for violation of a court order related to a violation of law or other misconduct which would not be a criminal offense if committed by an adult, or a child who violates the conditions of probation for a violation of law or other misconduct which would not be a criminal offense if committed by an adult may be committed to the custody of a correctional institution operated by the Department of Juvenile Justice or to a secure evaluation centers center operated by the department for a determinate period not to exceed ninety days; however, a when:
(1) the child has been adjudicated delinquent by a family court judge for a status offense, as defined in Section 20-7-6605, excluding truancy, and the order acknowledges that the child has been afforded all due process rights guaranteed to a child offender;
(2) the child is in contempt of court for violation of a court order to attend school or an order issued as a result of the child's adjudication of delinquency for a status offense, as defined in Section 20-7-6605, including truancy; or
(3) the child is determined by the court to have violated the conditions of probation set forth by the court in an order issued as a result of the child's adjudication of delinquency for a status offense, as defined in Section 20-7-6605, including truancy.
Orders issued pursuant to this subsection must acknowledge:
(a) that the child has been advised of all due process rights afforded to a child offender; and
(b) that the court has received a report from the department stating the facts and circumstances causing the child to be before the court and making a recommendation as to disposition.
A child committed under this section may not be confined with a child who has been determined by the department to be violent."
SECTION 7. A. This section is known and may be cited as the "Religion and Public Schools Act of 2000".
B. The South Carolina General Assembly finds that the free exercise of religion is integral to the intellectual, moral, civic, and ethical development of students in South Carolina. It further finds that this exercise of religion should find expression only in legally sound ways that do not violate the state and federal constitutional prohibitions against the establishment of religion.
Therefore, the South Carolina General Assembly has determined to enact the "Religion and Public Schools Act", which calls for the training of educators in how to recognize constitutional distinctions between individual free exercise of religion which the First Amendment protects and state establishment of religion which the First Amendment prohibits.
The purpose of the act is to promote a constitutionally sound understanding and a faithful compliance with the free exercise and establishment clauses of the federal and state constitutions as they apply to public school operations.
C. The 1976 Code is amended by adding:
"Section 59-17-135. (A) Effective July 1, 2001, each school district during annual in-service training shall provide a program of instruction for teachers and administrators in the essentials of constitutional protections and prohibitions as they relate to religion and public school operations. Subjects shall include, but not be limited to:
(1) student prayers;
(2) graduation prayers and baccalaureates;
(3) participation in or encouragement of religious activity by school officials;
(4) religion in school curriculum;
(5) religious content in student assignments;
(6) distribution and use of religious literature;
(7) student participation in religious events before and after school;
(8) religious persuasion versus religious harassment;
(9) religious holidays;
(10) permitted absences from objectionable lessons in religion;
(11) released time for religious instruction;
(12) teaching values;
(13) religious attire;
(14) Federal Equal Access Act;
(15) Federal Religious Freedom Restoration Act;
(16) South Carolina Religious Freedom Act;
(17) other statutory and constitutional provisions regarding the establishment of religion and free exercise thereof, as they relate to a public school context;
(18) instruction on how to access legal advice concerning the establishment of religion and free exercise thereof in a public school context; and
(19) instruction on how to access the State Department of Education's guidelines on religion and the public schools on the department's website.
(B) Once a teacher or administrator has completed the program of instruction contained in this section, it is not necessary that they participate in the same program of instruction on an annual basis. However, such teachers and administrators who have completed the program of instruction shall annually participate in instruction regarding updates and new developments in the subject matter contained in this section."
D. The 1976 Code is amended by adding:
"Section 59-17-140. By July 1, 2001, each school district in the State shall adopt a Religion and Public Schools Policy. The policy shall provide for the free exercise of religion in district schools to the maximum extent permissible without conflicting with applicable federal and state constitutional and statutory provisions regarding the exercise and establishment of religion in public schools. The policy shall specifically address the subjects contained in Section 59-17-135. Each district's policy shall be updated as necessary. Before adoption of the policy or any update of it, each school district shall submit the policy to an attorney experienced in matters of constitutional and public school law for review and comment. The attorney shall recommend appropriate changes for correcting any misapplication or misperception of applicable law regarding religion and the public schools. The adoption of the final policy or update shall be in the discretion of the school district board of trustees."
SECTION 8. This act takes effect upon approval by the Governor. /
Amend the bill further, as and if amended, by striking the title and inserting:
/ TO AMEND CHAPTER 1, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE "SOUTH CAROLINA FAMILY RESPECT ACT", TO PROVIDE THE LANGUAGE OF THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET, AND TO PROVIDE TO WHOM THE PAMPHLET SHALL BE DISTRIBUTED; TO AMEND CHAPTER 3, TITLE 53, RELATING TO THE CELEBRATION OF SPECIAL DAYS, SO AS TO PROVIDE FOR A FAMILY RESPECT DAY AND TO PROVIDE THE DAY IS OBSERVED IN THE PUBLIC HIGH SCHOOLS; TO AMEND SECTION 20-1-240, RELATING TO INFORMATION GIVEN TO MARRIAGE APPLICANTS, SO AS TO PROVIDE THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET IS DISTRIBUTED TO APPLICANTS; TO AMEND SECTION 44-63-80, AS AMENDED, RELATING TO THE ISSUANCE OF CERTIFIED COPIES OF BIRTH CERTIFICATES, SO AS TO PROVIDE THE FAMILY RESPECT PAMPHLET IS INCLUDED WITH EACH CERTIFIED COPY OF THE BIRTH CERTIFICATE; TO AMEND SECTION 44-122-40, RELATING TO THE OPERATION OF COUNTY FUNDED ADOLESCENT PREGNANCY PREVENTION INITIATIVES, SO AS TO PROVIDE FOR THE DISTRIBUTION AND DISCUSSION OF THE FAMILY RESPECT PAMPHLET WITH ADOLESCENTS INVOLVED IN THE INITIATIVES; TO AMEND SECTION 20-7-7810, RELATING TO THE COMMITMENT OF JUVENILES, SO AS TO PROVIDE FOR THE OFFENSES FOR WHICH A JUVENILE MAY BE COMMITTED TO AN EVALUATION CENTER AND TO PROVIDE FOR THE COURT ORDER'S CONTENTS PURSUANT TO THIS SUBSECTION. TO ENACT THE "SOUTH CAROLINA RELIGION IN PUBLIC SCHOOLS ACT OF 2000" INCLUDING PROVISIONS TO ADD SECTION 1-7-35 SO AS TO PROVIDE THAT THE ATTORNEY GENERAL SHALL DESIGNATE ONE MEMBER OF HIS PROFESSIONAL STAFF AS THE "SOUTH CAROLINA RELIGION IN PUBLIC SCHOOLS OFFICER" AND TO PROVIDE FOR THIS OFFICER'S DUTIES AND RESPONSIBILITIES; TO ADD SECTION 59-17-135 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT IN THIS STATE SHALL CONDUCT TRAINING FOR TEACHERS AND ADMINISTRATORS DURING ANNUAL IN-SERVICE TRAINING REGARDING CONSTITUTIONALLY AND STATUTORILY PERMITTED SCHOOL RELIGIOUS EXERCISES AND EXPRESSIONS; AND TO ADD SECTION 59-17-140 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT BY JULY 1, 2001, SHALL ADOPT A RELIGION IN PUBLIC SCHOOLS POLICY AND TO PROVIDE FOR THE CONTENTS OF THIS POLICY AND THE MANNER IN WHICH IT SHALL BE DEVELOPED. /
Renumber sections to conform.
Amend title to conform.
Rep. CAMPSEN explained the amendment.
The amendment was then adopted.
Rep. SHEHEEN proposed the following Amendment No. 2A (Doc Name B21\3745.2), which was adopted:
Amend the bill, as and if amended, by striking the preamble.
Renumber sections to conform.
Amend totals and title to conform.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration:
H. 4775 (Word version) -- Ways and Means Committee: GENERAL APPROPRIATION BILL.
Rep. HARRELL proposed the following Amendment No. 1A (Doc Name council\bbm\amend\9668htc00.doc), which was adopted:
Amend the bill, as and if amended, by striking Part IA as passed by the Senate and inserting Part IA as passed by the House with the following amendments. References in these amendments are to Part IA as passed by the House.
Amend the bill, as and if amended, Part IA, Section 5A, Commission on Higher Education, page 36, line 17, opposite /Life Scholarship/ by increasing the amounts in columns (7) and (8) by /14,317,023/
Amend further, as and if amended, Part IA, Section 8, Department of Health and Human Services, page 127, line 7, opposite /A. Hospital Services/ by decreasing the amounts columns (7) and (8) by /27,249,000/
Amend further, as and if amended, Part IA, Section 69B, Aid to Subdivisions - State Treasurer, page 419, line 9 opposite /Aid-Local Government Fund/ by increasing the amounts in columns (7) and (8) by /3,818,025/
Amend further, as and if amended, Part IA, Section 69C, Tobacco Settlement Fund - State Treasurer, page 420, after line 15, by inserting:
/(7)Medical Assistance,
Hospital Services 27,249,000/
Amend further, as and if amended, Part IA, Section 69C, Tobacco Settlement Fund - State Treasurer, page 420, line 5 opposite /Hospital Based Health Clinics/ by decreasing the amount in column (7) by /1,400,000/
Amend further, as and if amended, Part IA, Section 69C, Tobacco Settlement Fund - State Treasurer, page 420, line 7, opposite /Medicaid - FY 99-00 Deficit/ by decreasing the amount in column (7) by /21,300,000/
Amend further, as and if amended, Part IA, Section 69C, Tobacco Settlement Fund - State Treasurer, page 420, line 9, opposite /annualization/ by decreasing the amount in column (7) by /4,549,000/
Amend further, as and if amended, by striking Part IB not including paragraph 69B.2 thereof as passed by the Senate and inserting Part IB as passed by the House with the following amendments. Reference in these amendments is to Part IB as passed by the House.
Amend the bill, as and if amended, in Part IB, Section 54, page 518, Legislative Department, by adding two new paragraphs appropriately numbered at the end to read:
/54. __ (LEG: Carry forward for National Speaker's Conference) Unspent funds originally donated to defray the costs of South Carolina serving host state for the 1998 Southern Legislative Conference may be carried forward and used to pay the expense of hosting the 2001 National Speaker's Conference in Charleston, South Carolina.
54. ___ (Leg: LIS Dissolved) The Office of Legislative Information Systems (LIS) is dissolved and all personnel, equipment, supplies, appropriations, carry forward funds, and all other assets and resources transferred to the House of Representatives. Upon the transfer, the House of Representatives shall perform the functions of the former LIS which include, but are not limited to, technical support of the voting system, sound and video facilities, accounting systems, calendar and journal preparation and other systems to support the operation of the House of Representatives; generation and preparation of the Internet Web site and associated facilities for the House; production and preparation of the annual legislative manual; technical support tasks for publication of various House materials; and providing bill history, status, and other informational services traditionally provided by the LIS Information Desk. Legislative Printing and Information Technology (LPITR) shall continue to include and serve the House of Representatives as part of Local Area Network activities and shall provide such printing and distribution of legislative materials as is provided for in Sections 2-3-75, 2-13-60, 2-13-180, 2-13-190, and 2-13-210. LPITR shall ensure all agencies of the Legislative Department access to current and available historical materials./
Amend further, as and if amended, Part II, by striking Part II as passed by the Senate and inserting Part II as passed by the House with the following amendments. References in these amendments are to Part II as passed by the House.
Amend the bill, as and if amended, Part II, Section 14, page 587, line 16, by striking /a maximum of three thousand dollars a year/ and inserting:
/an amount not less than three thousand dollars nor more than four thousand dollars a year as certified by the Commission on Higher Education based on funds appropriated for this purpose and the commission's estimate of eligible students/;
Amend the bill, as and if amended, Part II, Section 17, page 589, subsection B, line 10, by striking /eighty-five/ and inserting /ninety/
Amend the bill, as and if amended, in Part II, by adding an appropriately numbered section at the end to read:
TO AMEND THE 1976 CODE BY ADDING ARTICLE 5 IN CHAPTER 10 OF TITLE 4, RELATING TO LOCAL SALES AND USE TAXES, ENACTING THE PERSONAL PROPERTY TAX EXEMPTION SALES TAX ACT, SO AS TO AUTHORIZE THE IMPOSITION BY REFERENDUM APPROVAL OF A SALES AND USE TAX IN A COUNTY IN INCREMENTS OF ONE-TENTH OF ONE PERCENT, NOT TO EXCEED TWO PERCENT, TO PROVIDE FOR THESE CIRCUMSTANCES RESULTING IN RESCINDING THE TAX, AND TO REQUIRE THE TAX REVENUE TO BE USED TO REPLACE PROPERTY TAX REVENUES NOT COLLECTED ON PRIVATE PASSENGER MOTOR VEHICLES, MOTORCYCLES, GENERAL AVIATION AIRCRAFT, BOATS, AND BOAT MOTORS WHICH ARE EXEMPT FROM PROPERTY TAXES LEVIED IN THE COUNTY IF A MAJORITY IN THE REFERENDUM FAVOR THE SALES TAX.
A. Chapter 10, Title 4 of the 1976 Code is amended by adding:
Section 4-10-510. This article may be cited as the 'Personal Property Tax Exemption Sales Tax Act'.
Section 4-10-520. This article provides the only method in which the governing body of a county by ordinance may exempt private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors from property taxes levied in the county as provided in Section 3, Article X of the Constitution of this State.
Section 4-10-530. As used in this article, a county has the meaning provided for 'county areas' in Section 4-10-10(1).
Section 4-10-540. (A) Subject to the requirements of this article, the county council by ordinance may impose a sales and use tax in increments of one-tenth of one percent, not to exceed two percent, subject to referendum approval. The rate of the tax must be set at an amount expressed in tenths of one percent estimated to be sufficient to produce revenues that do not exceed those necessary to replace private passenger motor vehicle, motorcycle, general aviation aircraft, boat, and boat motor property tax revenue in the county in the most recently completed fiscal year, but in no case more than two percent. The county council must obtain from the Board of Economic Advisors the board's certified estimate of the rate of sales and use tax necessary in the county to equal property tax revenues derived from private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors in the latest completed fiscal year. If this rate exceeds two percent, the maximum rate the board may certify is two percent. This certified rate is the rate of tax that must appear in the referendum question. If the revenue of a two percent tax does not at least equal the revenue not collected, then for the first year of implementation, the shortfall must be made up by a distribution to the county from the Trust Fund for Tax Relief, and this distribution is considered additional sales tax revenue pursuant to this article. Thereafter, this distribution must be adjusted by an amount equal to any increase in the consumer price index in the most recently completed calendar year, but in no case may this distribution result in a reimbursement to a county that exceeds the personal property tax revenue not collected because of the exemption allowed by this article.
(B) If the property tax assessment ratio applicable to private passenger motor vehicles and motor cycles is reduced, then for a county where the tax allowed by this article is imposed, the board shall certify a new tax rate applying the reduced assessment ratio to the assessed value of vehicles in the county in the most recently completed fiscal year, using the millage applicable for that fiscal year, and calculate a tax rate sufficient to produce that revenue in a fiscal year plus the revenue not collected because of the exemption for general aviation aircraft, boats, and boat motors from the original calculation, not to exceed two percent. This new rate applies effective beginning with the month the assessment ratio changes and continues to apply while that assessment ratio applies or until the tax is rescinded.
Section 4-10-550. (A) The sales and use tax authorized by this article is imposed by an enacting ordinance of the county council.
(B) Upon receipt of the ordinance, the county election commission shall conduct a referendum on the question of imposing the sales and use tax. A referendum for this purpose must be held at the time of the general election. Two weeks before the referendum the election commission shall publish in a newspaper of general circulation the question that is to appear on the ballot. This notice is in lieu of any other notice otherwise required by law.
(C) The referendum question to be on the ballot must read substantially as follows:
'Must a (rate) sales and use tax be imposed in (county) to replace property tax revenues not collected because of a one hundred percent property tax exemption for private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors otherwise taxable in the county?
(D) All qualified electors desiring to vote in favor of imposing the tax shall vote 'Yes' and all qualified electors opposed to imposing the tax shall vote 'No'. If a majority of the votes cast are in favor of imposing the tax, then the tax is imposed as provided in this article and beginning for motor vehicle tax years beginning on and after that date, and all other property tax years beginning after the year in which the referendum is held, all private passenger motor vehicles as defined in Section 56-3-630, motorcycles, general aviation aircraft, boats, and boat motors otherwise taxable in the county are exempt from property taxes levied in the county. The election commission shall conduct the referendum under the election laws of this State, mutatis mutandis, and shall certify the result no later than December thirty-first to the county governing body and to the Department of Revenue.
(E) Upon receipt of the returns of the referendum, the county council, by resolution, shall declare the results thereof. The results of the referendum may not be questioned except by a suit or proceeding instituted within thirty days from the date the resolution is adopted.
Section 4-10-560. If the sales and use tax is approved in the referendum, the tax is imposed on the first of July following the date of the referendum. If the certification is not timely made to the Department of Revenue, the imposition and property tax exemption is postponed for twelve months.
Section 4-10-570. (A) Upon petition of at least fifteen percent of the qualified electors of a county presented to the county council of the county which has implemented the sales and use tax authorized by this article requesting that this tax be rescinded, the council shall direct the county election commission to conduct a referendum on the question of rescinding the sales and use tax. A referendum for this purpose must be held on the Tuesday following the first Monday in November following verification of the petition. Two weeks before the referendum the election commission shall publish in a newspaper of general circulation the question that is to appear on the ballot. This notice is in lieu of any other notice otherwise required by law.
(B) The referendum question to be on the ballot must read substantially as follows:
'Must the (rate) sales and use tax imposed in (county) be rescinded with the revenue not collected replaced by extending the property tax to private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors previously not subject to property tax in this county?
(C)(1) All qualified electors desiring to vote in favor of rescinding the tax shall vote 'Yes' and all qualified electors opposed to rescinding the tax shall vote 'No'. If a majority of the votes cast are in favor of rescinding the tax, then the tax is rescinded effective July first following the referendum and property taxes apply to all private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors taxable in the county for motor vehicle tax years beginning after June 30 following the referendum and other property tax years beginning after the year in which the referendum is held. The election commission shall conduct the referendum under the election laws of this State, mutatis mutandis, and shall certify the result no later than December thirty-first to the county council. If a majority 'Yes' vote is certified, it must be certified to the Department of Revenue by the same date.
(2) Upon receipt of the return of the referendum, the county council shall declare the results thereof by resolution. The results of the referendum may not be questioned except by a suit or proceeding instituted within thirty days from the date the resolution is adopted.
(D) A referendum for rescission of this tax may not be held earlier than two years after the tax has been imposed in the county. If a majority of the qualified electors voting in the rescission referendum vote against rescinding the tax, no further rescission referendums may be held for a period of two years. If a majority of the qualified electors vote in favor of rescinding the tax, the tax may not be reimposed in the county for a period of two years. The petition requesting rescission must be presented to the county governing body at least one hundred twenty days before the Tuesday following the first Monday of November of that year or the referendum must be held on the Tuesday following the first Monday of November of the following year.
Section 4-10-580. (A) The tax levied pursuant to this article must be administered and collected by the Department of Revenue in the same manner that other sales and use taxes are collected. The department may prescribe amounts that may be added to the sales price because of the tax.
(B) The tax authorized by this article is in addition to all other local sales and use taxes and applies to the gross proceeds of sales in the applicable area that is subject to the tax imposed by Chapter 36 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The gross proceeds of the sale of items subject to a maximum tax in Chapter 36 of Title 12 are exempt from the tax imposed by this article. The tax imposed by this article also applies to tangible personal property subject to the use tax in Article 13, Chapter 36 of Title 12.
(C) Taxpayers required to remit taxes under Article 13, Chapter 36 of Title 12 shall identify the county in which the personal property purchased at retail is stored, used, or consumed in this State.
(D) Utilities shall report sales in the county in which the consumption of the tangible personal property occurs.
(E) A taxpayer subject to the tax imposed by Section 12-36-920, who owns or manages rental units in more than one county shall report separately in his sales tax return the total gross proceeds from business done in each county.
(F) The gross proceeds of sales of tangible personal property delivered after the imposition date of the tax levied under this article in a county, either under the terms of a construction contract executed before the imposition date, or a written bid submitted before the imposition date, culminating in a construction contract entered into before or after the imposition date, are exempt from the sales and use tax provided in this article if a verified copy of the contract is filed with the Department of Revenue within six months after the imposition date of the sales and use tax provided for in this article.
(G) Notwithstanding the imposition date of the sales and use tax authorized pursuant to this chapter, with respect to services that are billed regularly on a monthly basis, the sales and use tax authorized pursuant to this article is imposed beginning on the first day of the billing period beginning on or after the imposition date.
Section 4-10-590. (A) The revenues of the tax collected under this article must be remitted to the Department of Revenue and placed on deposit with the State Treasurer and credited to a fund separate and distinct from the general fund of the State. After deducting the amount of any refunds made and costs to the Department of Revenue of administering the tax, not to exceed one percent of the revenues, the State Treasurer shall distribute the revenues quarterly to the county treasurer of the county in which the tax is imposed. The State Treasurer may correct misallocations by adjusting subsequent distributions, but these adjustments must be made in the same fiscal year as the misallocations.
(B) Revenues of the tax must be distributed by the county treasurer to the general funds of property taxing entities in the county in the proportion that each such entity collects of all property taxes levied in the county.
Section 4-10-600. The Board of Economic Advisors shall furnish data to the State Treasurer and to the counties receiving revenues for the purpose of calculating distributions and estimating revenues. The information that must be supplied to counties upon request includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information about a specific taxpayer is considered confidential and is governed by the provisions of Section 12-54-240. A person violating this section is subject to the penalties provided in Section 12-54-240."
B. Section 11-11-150(A) of the 1976 Code, as added by Act 419 of 1998, is amended to read:
"(A) In calculating estimated state individual and corporate income tax revenues for a fiscal year the Board of Economic Advisors shall deduct amounts sufficient to pay the reimbursement required pursuant to:
(1) Section 12-37-251 for the residential property tax exemption;
(2) Section 12-37-270 for the homestead exemption for persons over age sixty-five or disabled;
(3) Section 12-37-935(B) for manufacturer's additional depreciation; and
(4) Section 12-37-450 for the inventory tax exemption; and
(5) Section 4-10-540(A) for the reimbursement provided for personal property taxes not collected on private passenger motor vehicles, motorcycles, general aviation aircraft, boats and boat motors."
C. This section takes effect upon ratification of an amendment to Section 3, Article X of the Constitution of this State authorizing the governing body of a county by ordinance to exempt private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors from property tax levied in the county pursuant to a referendum held in the county. /
Amend further, as and if amended, by striking PART III and PART IV, not including Section 1 of Part IV, as passed by the Senate and inserting:
SECTION 2. (A) From projected Fiscal Year 1999-2000 general fund surplus revenues identified in SECTION 1, the following sums are appropriated from the general fund of the State as provided in subsection B for the purposes stated:
(1) State Department of Education
EAA Report Card $ 2,600
(2) State Department of Education
Transportation - Buses, Fuel and Parts 6,165,230
(3) State Department of Education
Instructional Materials 1,999,801
(4) State Department of Education
K-12 Technology 16,500,000
(5) School for the Deaf & Blind
Facility Maintenance and
Accessibility & Safety Improvements 1,020,877
(6) Employee Benefits -Health Insurance
FY 2000-01 Rate Increase 10,225,000
(7) Employee Benefits - 401K Program 7,200,000
(8) Higher Education Tuition Grants
Tuition Grants 500,000
(9) Department of Parks, Recreation and Tourism
Alternative Funding 2,000,000
(10) Aid to Subdivisions - Comptroller General
Personal Property Tax Relief 10,000,000
(11) SC State University
DHEC/LLR Health & Safety Inspection 905,375
(12) Department of Parks, Recreation & Tourism
PRT Grant Fund 1,653,042
(13) Department of Health & Environmental Control
Water Quality Testing 200,000
(14) Department of Health & Environmental Control
Myrtle Beach Study & Engineering Plan
for Water Quality 300,000
(15) State Department of Education
Governor's School for the Arts 2,034,000
(16) Board for Technical and Comprehensive Education
Special Schools 10,500,000
(17) Department of Health & Human Services
Medicaid 2,631,958
(18) Department of Juvenile Justice
Operating Funds for Subclass, Detention
Center, and Evaluation Center 2,100,000
(19) Department of Commerce
Pleasant Valley Commons 600,000
(20) Department of Public Safety
New Trooper Class 2,700,000
(21) Department of Commerce
Aviation Trust Fund 50,000
(22) Department of Commerce
Phillis Wheatley Association 202,941
(23) Department of Commerce
Historical Greenville Foundation 1,000,000
(24) Budget & Control Board - Division of Budget & Analyses
Professional Development 100,000
(24.1) (Professional Development) To ensure that state government employees are properly trained to achieve their mission, and courteously and effectively to serve the taxpayers, the funds appropriated for professional development must be used to provide a professional development training curriculum to achieve performance excellence based on criteria used for the Malcolm Baldrige National Quality Award. The program must have a common curriculum to include the philosophy, teamwork training, and problem-solving techniques that provide the foundation for success in meeting the Malcolm Baldrige criteria.
(25) Department of Social Services
Foster Care Payments -Teen Homes 400,000
(25.1) (Out of Home Placement) The funds appropriated for Foster Care Payments-Teen Homes must be allocated for a rate increase for out of home placement providers.
(26) USC - Columbia
Materials Research Science & Engineering
Center (Nano Technology) 1,000,000
(27) Clemson University - Municipal Services 1,117,000
(28) Department of Health & Environmental Control
EMS Equipment 1,000,000
(29) Department of Health & Environmental Control
Beach Restoration 2,700,000
(29.1) (Beach Restoration Fund) Of the funds appropriated for beach restoration, $1,000,000 must be used to reimburse Horry County for beach renourishment expenses incurred during Fiscal Year 1999-2000, and $1,700,000 must be used for the Hunting Island State Park beach renourishment/stabilization project.
(30) Department of Commerce
YMCA Youth in Government 25,000
(31) Department of Revenue
Electronic Document Processing System 1,700,000
(32) Commission on Higher Education
Access & Equity 500,000
(33) Commission on Higher Education
Competitive Research Grants 4,000,000
(33.1) (Research and Development Technology) At least $1,000,000 of the funds provided for competitive research grants must be used for accelerating the development of high technology businesses, funding later stage research that has demonstrated commercial feasibility, and providing one time matching grants for technology equipment.
(34) SC State University - Transportation Center 500,000
(35) House of Representatives - Legal Expenses 100,000
(36) Governor's Office - OEPP
World War II Monument, Washington, DC 220,000
(37) The Senate - Legal Expenses 100,000
(38) Commission on Higher Education
SREB Membership Fees & Dues 190,090
(39) Legislative Printing
Software/Technical Support 228,000
(40) Legislative Information Systems
Equipment Repair and Installation 166,500
(41) Department of Commerce - Advertising 500,000
(42) Department of Commerce - Information
Technology Engineering Initiative 3,900,000
(42.1) (Information Technology Engineering Initiative) The Department of Commerce, from funds appropriated for the information technology engineering initiative, shall work in consultation with the research universities of the State for the implementation of the information technology engineering initiative in fiscal year 2000-2001. The department shall submit a report to the Senate Finance Committee and the House Ways and Means Committee on the expenditure of these funds.
(43) Department of Health and Human Services
Darlington Free Medical Clinic Repairs 50,000
(44) Commission on Higher Education - EPSCOR 2,500,000
(45) Commission on Higher Education
- GEAR-UP 1,000,000
(46) Commission on Higher Education
Academic Endowment Incentive 815,000
(47) Clemson University
Call Me MISTER Initiative 517,174
(48) SC State - PSA - Regulatory & Public Service 500,000
(49) Winthrop University - Deferred Maintenance
Window Replacement 1,535,364
(50) Department of Health & Human Services
Richland County Senior Center Repairs 100,000
(51) Adjutant General - Armory Maintenance 550,000
(51.1) (Summerville Armory Infrastructure) Of the funds appropriated for Armory Maintenance, $150,000 must be used for the Summerville National Guard Armory Infrastructure.
(52) Commission for the Blind - Rehab Services -
Assistive Technology 20,000
(53) Department of Natural Resources
Wildlife Diversity 300,000
(54) Department of Natural Resources - NPS Cost Share,
Water Monitoring & Aquatic Weeds 1,240,000
(55) Department of Natural Resources - Soil & Water
Conservation National Convention 25,000
(55.1) (Soil and Water Conservation Society) The Department of Natural Resources shall provide the amount appropriated on a one-time basis to the South Carolina Chapter of the Soil and Water Conservation Society to pay a portion of the cost associated with the society's national convention.
(56) Judicial Department
Drug Treatment Court Pilot Program 1,000,000
(57) The 1 million appropriated for the Drug Court treatment pilot program shall be expended in the following manner: At least 85% for drug court grants and no more than 15% for judicial administration.
(58) Judicial Department - Computer Automation 440,000
(59) Attorney General - Palmetto Exile
Prosecution Unit 77,500
(60) Department of Probation, Parole & Pardon Services
Information Technology 960,000
(61) Department of Probation, Parole & Pardon Services
Sex Offender Project 500,000
(62) Department of Alcohol and Other Drug Abuse Services
Technical Upgrade 325,318
(63) Department of Alcohol and Other Drug Abuse Services
Operating Costs 1,000,000
(64) The Senate - NCSL & Council of State
Governments Dues 5,955
(65) Department of Commerce
Economic Development Set-Aside 2,500,000
(66) SC State University
Business School Accreditation 500,000
(67) Forestry Commission
Forest Resource Inventory 500,000
(68) Clemson-PSA - Agri-Systems
Productivity & Profitability (2x4) 2,000,000
(69) Department of Juvenile Justice
Operating Funds for Northeast Center 3,292,914
(70) Clemson-PSA
Fire Ant Research & Education 200,000
(71) Clemson-PSA - Tropical Soda Apple 80,000
(72) Department of Commerce -
Staff Development 165,000
(73) Department of Commerce
S.C. World Trade Center 125,000
(73.1) (S.C. World Trade Center) The funds appropriated for the S.C. World Trade Center must be used to promote business in exporting and importing and to provide education in those areas. A report must be submitted annually to the Senate Finance Committee and to the House Ways and Means Committee detailing the programs and the purposes for which these funds were expended.
(74) Secretary of State - Information Technology 250,000
(75) Budget and Control Board - Div. of Regional Development
Salkehatchie Leadership Center 125,000
(76) Budget and Control Board - Div. of Regional Development
Sustainable Universities Initiative 300,000
(76.1) (Sustainable Universities Initiative) The funds appropriated for the sustainable universities initiative must be used to provide mini grants for colleges and universities, excluding Clemson University, the University of South Carolina, and the Medical University of South Carolina.
(77) Budget and Control Board - Div. of Regional Development
Jackson Mills Sewer Project 400,000
(78) Budget and Control Board - Div. of
Regional Development
Waccamaw River Flood Plain Study 400,000
(78.1) (Waccamaw River Flood Plain Study) The State Budget and Control Board shall use the funds appropriated for the Waccamaw River Flood Plain Study, which may be applied as part of the state match that may be required by the Army Corps of Engineers, to correct any problems regarding the flood plain of the Waccamaw River.
(79) Department of Corrections - Medical Expenses 1,750,000
(80) SC State University - Deferred Maintenance 1,000,000
(81) USC-Columbia
Small Business Development Center 191,398
(82) Department of Health & Human Services
Commun-I-Care Pharmaceuticals 500,000
(83) Department of Archives & History
Microfilming Historical County Records 50,000
(84) Department of Archives
Mary McLeod Bethune homeplace
replica to be constructed in
Mayesville on site of her birthplace 25,000
(85) Department of Corrections
Institutional Maintenance 1,000,000
(86) Department of Juvenile Justice
Information Technology 490,000
(87) Arts Commission
Community Cultural Facilities Development 200,000
(88) Department of Health & Environmental Control
Beach Restoration 1,000,000
(89) Governor's Office - OEPP
Professional Development 100,000
(89.1) (Performance Excellence Program) In order to ensure the goal of the Governor, that Governor's Office and cabinet department employees are properly trained to achieve their mission, and courteously and effectively to serve the taxpayers, the funds appropriated for professional development are for a performance excellence program. The funds must be used to provide a professional development program to achieve performance excellence based on criteria used for the Malcolm Baldrige National Quality Award. The program shall have a common curriculum to include the philosophy, teamwork training, and problem-solving techniques that provide the foundation for success in meeting the Malcolm Baldrige criteria.
(90) Arts Commission
Grant Making 500,000
___________
TOTAL $130,043,037
B. The appropriations in subsection A of Section 2 of this act are contingent based on the availability of $130,043,037 in projected unobligated fiscal year 1999-2000 general fund revenues and are therefore listed in priority order beginning with item (1). Each separate item must be fully funded before the next item in order of priority until all items are paid or funds are unavailable from the amount specified, whichever occurs first. Unexpended funds appropriated pursuant to this Part may be carried forward to succeeding fiscal years and expended for the same purposes. Appropriations in this Part must be posted in fiscal year 2000-2001.
C. This Section 2 takes effect July 1, 2000, but no appropriation in this section may be paid before the later of September 1, 2000, or the date the Comptroller General closes the state's books on fiscal year 1999-2000.
SECTION 3. (A)(1)(a) The appropriation in Part 1A, Section 1, Subsection XIII of Act 100 of 1999, for "Aid Schl Dist Educ Fin Act" in the amount of $1,131,409,216 in the Total Funds and General Funds columns is reduced by $10,033,660 in both columns.
(b) The increased revenue realized by the reductions in the appropriations referenced in subitem (a) above, notwithstanding any other provision of law including a provision in Part IA or IB of a general appropriations bill or act to the contrary to include this act must be retained in the general fund of the State.
(c) The provisions of this subsection, notwithstanding any other provision of law including a provision in Part IA or IB of a general appropriations bill or act to the contrary to include this act, take effect upon approval of this act by the Governor.
(2) Projected surplus general fund revenues and lapsed general fund appropriations identified in Section 1 of this part, and in item (1) of this subsection, are reduced by $18,400,000 to reflect video poker license refunds.
(B) From all other revenue sources identified in Section 1 of this Part and subsection (A) of this section, not including the $130,043,037 in projected surplus, the following sums are appropriated or transferred from the general fund of the State for the purposes stated:
(1) General Reserve Fund
Transfer $ 2,545,350
(2) State Department of Education
Instructional Materials 3,000,199
(3) Commission on Higher Education
Performance Funding 37,361,337
(4) Department of Agriculture
Lab Services Renovations 38,000
(5) Department of Agriculture
Quality Program 20,000
(6) Department of Natural Resources
Game: Operating and Personnel Costs 250,000
(7) Department of Probation, Parole and
Pardon Services
Contract Bedspace 150,000
(8) Department of Juvenile Justice
Operating Funds for Northeast Center 758,405
(9) Department of Juvenile Justice
Addition of Female Units to Regional
and Evaluation Centers 678,000
(10) Workers Compensation Commission
Self-Insurance Program Audit Function 15,000
(11) House of Representatives
Operating Expenses 150,000
(12) Election Commission
2000 General Election 2,969,100
(13) Election Commission
Poll Managers Increase 131,925
(14) Department of Parks, Recreation and Tourism
Alternative Funding 2,000,000
(15) Commission on Higher Education
Life Scholarships 1,952,977
TOTAL $52,020,293
B. Unexpended funds appropriated pursuant to this Section 3 may be carried forward to succeeding fiscal years and used for the same purposes.
C. This Section 3 takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRELL explained the amendment.
Rep. HARRELL continued speaking.
Rep. COBB-HUNTER spoke against the amendment.
Rep. COBB-HUNTER spoke against the amendment.
Rep. G. BROWN spoke against the amendment.
Rep. W. MCLEOD spoke against the amendment.
Rep. WILKES spoke against the amendment.
Rep. LANFORD moved that the House do now adjourn.
Rep. HARRELL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Bales Battle Bowers Breeland Brown, G. Canty Carnell Clyburn Cobb-Hunter Cooper Dantzler Davenport Delleney Emory Fleming Gamble Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hosey Howard Jennings Kennedy Kirsh Knotts Lanford Lloyd Mack Martin McLeod, M. McLeod, W. Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Rutherford Scott Sheheen Simrill Taylor Trotter Whipper Wilder Wilkes Woodrum
Those who voted in the negative are:
Allen Allison Barfield Barrett Brown, H. Brown, J. Campsen Cato Cotty Easterday Edge Frye Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Huggins Keegan Kelley Klauber Koon Law Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Maddox McCraw McGee Meacham-Richardson Miller Neilson Perry Phillips Quinn Rhoad Rice Riser Rodgers Sandifer Seithel Smith, D. Smith, J. Smith, R. Stille Stuart Tripp Vaughn Walker Webb Whatley Witherspoon Young-Brickell
So, the House refused to adjourn.
The question then recurred to the adoption of Amendment No. 1A.
Rep. W. MCLEOD moved to divide the question.
Rep. COTTY moved to table the motion.
Rep. KIRSH demanded the yeas and nays, which were not ordered.
The motion to divide the question was then rejected.
The question then recurred to the adoption of Amendment No. 1A.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Bales Barfield Barrett Battle Brown, H. Campsen Cato Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Gamble Gilham Hamilton Harrell Harrison Harvin Haskins Hawkins Hinson Huggins Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Maddox Martin McCraw McGee Meacham-Richardson Neilson Perry Phillips Quinn Rice Riser Rodgers Sandifer Seithel Simrill Smith, D. Smith, R. Stuart Taylor Townsend Tripp Trotter Vaughn Walker Webb Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Askins Bailey Bowers Breeland Brown, G. Canty Carnell Clyburn Cobb-Hunter Emory Frye Gourdine Govan Hayes Hines, J. Hines, M. Hosey Howard Jennings Lloyd Mack McLeod, M. McLeod, W. Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Rhoad Rutherford Scott Sheheen Stille Whatley Whipper Wilder Wilkes
So, the amendment was adopted.
Rep. BARFIELD proposed the following Amendment No. 2A (Doc Name council\gjk\amend\21414SD00.doc), which was adopted:
Amend the bill, as and if amended, by Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 11-35-1510 OF THE 1976 CODE, RELATING TO METHODS OF SOURCE SELECTION UNDER THE CONSOLIDATED PROCUREMENT CODE, BY ADDING SUBPARAGRAPH (16), SO AS TO ADD COMPETITIVE ON-LINE BIDDING TO THE METHODS OF SOURCE SELECTION; AND TO AMEND CHAPTER 35, TITLE 11, RELATING TO SOURCE SELECTION AND CONTRACT FORMATION UNDER THE CONSOLIDATED PROCUREMENT CODE, BY ADDING SECTION 11-35-1529, RELATING TO COMPETITIVE ON-LINE BIDDING, SO AS TO PROVIDE FOR COMPETITIVE ON-LINE BIDDING IN ADDITION TO OTHER METHODS OF SOURCE SELECTION UNDER THE CONSOLIDATED PROCUREMENT CODE.
A. Section 11-35-1510 of the 1976 Code, as last amended by Act 153 of 1997, is amended by adding a new item to read:
"(16) Section 11-35-1529 (Competitive On-line Bidding)."
B. Chapter 35, Title 11 of the 1976 Code is amended by adding:
"Section 11-35-1529. (1) Conditions for Use. When a purchasing agency determines that on-line bidding is more advantageous than other procurement methods provided by this code, a contract may be entered into by competitive on-line bidding subject to the provisions of Section 11-35-1520 and the ensuing regulations, unless otherwise provided in this section.
(2) Bidding Process. The solicitation shall designate both an Opening Date and Time and a Closing Date and Time. The Closing Date and Time need not be a fixed point in time, but may remain dependant on a variable specified in the solicitation. At the Opening Date and Time, the State will begin accepting real-time electronic bids. The solicitation shall remain open until the Closing Date and Time. The State may require bidders to register prior to the Opening Date and Time and, as a part of that registration, to agree to any terms, conditions, or other requirements of the solicitation. Following receipt of the first bid after the Opening Date and Time, the lowest bid price shall be electronically posted to the Internet and shall be updated on a real-time basis. At any time prior to the Closing Date and Time, a bidder may lower the price of its bid. After Opening Date and Time, no bidder may lower its price unless that price is below the then lowest bid. Bid prices may not be increased after Opening Date and Time. Except for bid prices, bids may be modified only as otherwise allowed by this code. A bid may only be withdrawn in compliance with Section 11-35-1520. If a bid is withdrawn, any subsequent bid submitted by the same bidder may not be for a higher price. If the lowest responsive bid is withdrawn after the Closing Date and Time, the State may cancel the solicitation in accordance with this code or reopen electronic bidding to all pre-existing bidders by giving notice to all pre-existing bidders of both the new Opening Date and Time and the new Closing Date and Time. Notice that electronic bidding will be reopened shall be given as specified in the solicitation.
(3) Receipt and Safeguarding of Bids. Other than price, any information provided to the State by a bidder shall be safeguarded as required by Section 11-35-1520(4).
(4) Provisions Not to Apply. Section 11-35-1524 and paragraph (5) (Bid Opening) of Section 11-35-1520 shall not apply to solicitations issued pursuant to this section." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. BARFIELD explained the amendment.
The amendment was then adopted.
Rep. KELLEY proposed the following Amendment No. 4A (Doc Name council\bbm\amend\9664htc00.doc), which was adopted:
Amend the bill, as and if amended, in Part II, by striking SECTION 3 and inserting:
TO AMEND CHAPTER 1, TITLE 9, OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM, BY ADDING ARTICLE 17 SO AS TO ENACT THE TEACHER AND EMPLOYEE RETENTION INCENTIVE PROGRAM AND PROVIDE FOR ITS OPERATION; TO AMEND SECTIONS 9-1-1510 AND 9-1-1550, BOTH AS AMENDED, RELATING TO SERVICE RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REDUCE FROM THIRTY TO TWENTY-EIGHT THE YEARS OF CREDITABLE SERVICE REQUIRED TO RETIRE AT ANY AGE WITHOUT PENALTY; TO AMEND SECTIONS 9-1-1515, AS AMENDED, 9-1-1660, AND 9-1-1770, AS AMENDED, AND 9-1-1850, AS AMENDED, RELATING TO EARLY RETIREMENT OPTIONS, ELECTION OF A BENEFIT ON THE INSERVICE DEATH OF A MEMBER, AND AMOUNTS DUE ESTATES OF DECEASED MEMBERS UNDER THE GROUP LIFE INSURANCE PLAN, SO AS TO PROVIDE THAT THE ELECTION OF A MEMBER WITH TWENTY-FIVE YEARS CREDITED SERVICE TO BUY SUFFICIENT CREDIT FOR SERVICE RETIREMENT APPLIES TO THE SOUTH CAROLINA RETIREMENT SYSTEM, UPDATE THE BENEFIT ELECTION OPTION ON THE INSERVICE DEATH OF A MEMBER TO REFLECT OTHER CHANGES SINCE ORIGINAL ENACTMENT AND MAKE TECHNICAL CORRECTIONS, AND TO CONFORM THESE OPTIONS AND BENEFITS TO SERVICE RETIREMENT AFTER TWENTY-EIGHT YEARS CREDITABLE SERVICE AT ANY AGE WITHOUT PENALTY AS PROVIDED IN THIS ACT; TO AMEND SECTIONS 9-1-1810 AND 9-11-310, RELATING TO THE ANNUAL COST OF LIVING ADJUSTMENT AUTHORIZED FOR RETIREES AND BENEFICIARIES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND THE METHOD OF CALCULATING THE ADJUSTMENT, SO AS TO MAKE MANDATORY OVER TWO YEARS THE PAYMENT OF AMOUNTS UP TO ONE PERCENT CALCULATED UNDER THE ADJUSTMENT FORMULA AND AUTHORIZE ADDITIONAL MANDATORY ADJUSTMENTS IN HALF PERCENT INCREMENTS NOT TO EXCEED THREE PERCENT, ELIMINATE ANY ADJUSTMENT IN EXCESS OF THE RATE OF INFLATION, TO DELETE OBSOLETE PROVISIONS, AND TO CONFORM IN BOTH SECTIONS REFERENCES TO THE CONSUMER PRICE INDEX USED IN CALCULATING THE COST OF LIVING ADJUSTMENT; BY ADDING SECTION 9-1-1615, SO AS TO PROVIDE FOR THE PAYMENT OF THE RETIREMENT BENEFITS OF A RETIRED MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM FOR THE MONTH IN WHICH THE RETIREE DIES; TO AMEND SECTION 9-1-1770, AS AMENDED, RELATING TO PRERETIREMENT AND POSTRETIREMENT BENEFITS OF MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE INSURANCE PAYMENTS ON BEHALF OF A DECEASED RETIRED MEMBER UNDER THE GROUP LIFE INSURANCE PROGRAM; TO AMEND SECTIONS 9-8-80, 9-9-80, AND 9-11-160, RELATING TO THE PAYMENT OF BENEFITS UNDER THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE FOR THE PAYMENT OF THE RETIREMENT BENEFITS OF A RETIRED MEMBER FOR THE MONTH IN WHICH THE RETIREE DIES; TO AMEND SECTION 9-11-120, AS AMENDED, RELATING TO PRERETIREMENT AND POSTRETIREMENT BENEFITS FOR MEMBERS OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE INSURANCE PAYMENTS ON BEHALF OF DECEASED RETIREES UNDER THE GROUP LIFE INSURANCE PROGRAM, AND TO REQUIRE PUBLIC SCHOOL TEACHERS RETIRING IN THE FIRST HALF OF 2001 TO PROVIDE NOTICE OF THEIR RETIREMENT TO THEIR EMPLOYERS NO LATER THAN SEPTEMBER 1, 2000, AND TO PROVIDE AN EXCEPTION.
Amend title to conform.
A. 1. Chapter 1, Title 9 of the 1976 Code is amended by adding:
Section 9-1-2210. (A) An active contributing member who is eligible for service retirement under this chapter and complies with the requirements of this article may elect to participate in the Teacher and Employee Retention Incentive Program (program). A member electing to participate in the program retires for purposes of the system, and the member's normal retirement benefit is calculated on the basis of the member's average final compensation and service credit at the time the program period begins. The program participant shall agree to continue employment with an employer participating in the system for a program period, not to exceed five years. The member shall notify the system before the beginning of the program period. Participation in the program does not guarantee employment for the specified program period.
(B) During the specified program period, receipt of the member's normal retirement benefit is deferred. The member's deferred monthly benefit must be placed in the system's trust fund on behalf of the member. No interest is paid on the member's deferred monthly benefit placed in the system's trust fund during the specified program period.
(C) During the specified program period, the employer shall pay to the system the employer contribution for active members prescribed by law with respect to any program participant it employs, regardless of whether the program participant is a full-time or part-time employee, or a temporary or permanent employee. If an employer who is obligated to the system pursuant to this subsection fails to pay the amount due, as determined by the system, the amount must be deducted from any funds payable to the employer by the State.
(D) A program participant is retired from the retirement system as of the beginning of the program period. A program participant makes no further employee contributions to the system, accrues no service credit during the program period, and is not eligible to receive group life insurance benefits or disability retirement benefits. Accrued annual leave and sick leave used in any manner in the calculation of the program participant's retirement benefit is deducted from the amount of such leave accrued by the participant.
(E) A program participant is retired for retirement benefit purposes only. For employment purposes, a program participant is considered to be an active employee, retaining other rights and benefits of an active employee and is not subject to the earnings limitation of Section 9-1-1790 during the program period. However, a program participant is considered an 'at will' employee and grievance rights and other employment protections do not apply.
(F) Upon termination of employment either during or at the end of the program period, the member must receive the balance in the member's program account by electing one of the following distribution alternatives:
(1) a lump-sum distribution, paying appropriate taxes; or
(2) to the extent permitted under law, a tax sheltered rollover into an eligible plan.
The member also must receive the previously determined normal retirement benefits based upon the member's average final compensation and service credit at the time the program period began, plus any applicable cost of living increases declared during the program period. The program participant is thereafter subject to the earnings limitation of Section 9-1-1790.
(G) If a program participant dies during the specified program period, the member's designated beneficiary must receive the balance in the member's program account by electing one of the following distribution alternatives: (1) a lump-sum distribution, paying appropriate taxes; or
(H)
(2) to the extent permitted under law, a tax sheltered rollover into an eligible plan.
In accordance with the form of system benefit selected by the member at the time the program commenced, the member's designated beneficiary must receive either a survivor benefit or a refund of contributions from the member's system account.
(H) If a program participant fails to terminate employment with an employer participating in the retirement system within one month after the end of the specified program period, the member must receive the previously determined normal retirement benefits based upon the member's average final compensation and service credit at the time the program began, plus any applicable cost of living increases declared during the program period. The program participant is thereafter subject to the earnings limitation of Section 9-1-1790. The program participant also must receive the balance in the member's program account by selecting one of the following alternatives:
(1) a lump-sum distribution, paying appropriate taxes; or
(2) to the extent permitted under law, a tax sheltered rollover into an eligible plan.
(I) A member is not eligible to participate in the program if the member has participated previously in and received a benefit under this program."
2. The first paragraph of Section 9-1-1510 of the 1976 Code is amended to read:
"Any A member may retire upon written application to the board system setting forth at what time, not no more than ninety days prior before nor more than six months subsequent to after the execution and filing thereof of the application, he the member desires to be retired, if such the member at the time so specified for his the member's service retirement has: shall have attained the age of sixty years or shall have thirty or more years of creditable service and shall have separated from service and, if the time so specified is subsequent to the date of application, notwithstanding that, during such period of notification, he may have separated from service.
(1) five or more years of earned service;
(2) attained the age of sixty years or has twenty-eight or more years of creditable service; and
(3) separated from service."
3. Section 9-1-1515 of the 1976 Code, as amended by Act 100 of 1999, is further amended to read:
"Section 9-1-1515. (A) In addition to other types of retirement provided by this chapter, a member may elect early retirement if the member:
(1) has five or more years of earned service;
(2) who has attained the age of fifty-five years; and who
(3) has at least twenty-five years of creditable service; and
(4) has separated from service may elect early retirement. A member electing early retirement shall apply in the manner provided in Section 9-1-1510.
(B) The benefits for a member electing early retirement under this section must be calculated in the manner provided in Section 9-1-1550, except that in lieu of any other reduction factor, the member's early retirement allowance is reduced by four percent a year, prorated for periods less than one year, for each year of creditable service less than thirty twenty-eight. However, a member's early retirement allowance is not reduced if the member pays into the system, in a lump sum payment before the member's retirement, an amount equal to twenty percent of the member's earnable compensation or the average of the member's twelve highest consecutive fiscal quarters of compensation at the time of payment, whichever is greater, prorated for periods less than one year for each year of creditable service less than thirty. The member's retirement must occur not more than ninety days after the date of the payment.
(C) A member who elects early retirement under this section is ineligible to receive any cost-of-living increase provided by law to retirees until the second July first after the date the member attains age sixty; or the second July first after the date the member would have thirty twenty-eight years' creditable service had he not retired, whichever is earlier.
(D)(1) Except as provided in item (2) of this subsection, a member who elects early retirement under this section is not covered by the State Insurance Benefits Plan until the earlier of:
(a) the date the member attains age sixty, or
(b) the date the member would have thirty twenty-eight years' creditable service had he not retired.
(2) A member taking early retirement may maintain coverage under the State Insurance Benefits Plan until the date his coverage is reinstated pursuant to item (1) of this subsection by paying the total premium cost, including the employer's contribution, in the manner provided by the Division of Insurance Services of the State Budget and Control Board."
4. Section 9-1-1550 of the 1976 Code, as last amended by Act 189 of 1989, is further amended to read:
"Section 9-1-1550. (A) Upon retirement from service on or after July 1, 1964, a Class One member shall receive a service retirement allowance which shall consist of:
(1) An employee annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement; and
(2) An employer annuity equal to the employee annuity allowable at the age of sixty-five years or at age of retirement, whichever is less, computed on the basis of contributions made prior to the age of sixty-five years; and
(3) If he has a prior service certificate in full force and effect, an additional employer annuity which must be equal to the employee annuity which would have been provided at age sixty-five or at age of retirement, whichever is less, by twice the contributions which he would have made during his entire period of prior service had the system been in operation and had he contributed thereunder during such entire period.
Upon retirement from service on or after July 1, 1989 December 31, 2000, a Class One member shall receive a service retirement allowance computed as follows: If the member's service retirement date occurs on or after his sixty-fifth birthday, or after he has completed thirty twenty-eight or more years of creditable service, the allowance must be equal to one and forty-five hundredths percent of his average final compensation multiplied by the number of years of his creditable service.
If the member's service retirement date occurs before his sixty-fifth birthday and before he completes thirty twenty-eight years of creditable service, his service retirement allowance is computed as above, but is reduced by five-twelfths of one percent thereof for each month by which his retirement date precedes the first day of the month, prorated for periods less than a month, coincident with or next following his sixty-fifth birthday.
Notwithstanding the foregoing provisions, any Class One member who retires on or subsequent to after July 1, 1976, shall receive not less than the benefit provided under the formula in effect before July 1, 1976.
(B) Upon retirement from service on or after July 1, 1989 December 31, 2000, a Class Two member shall receive a service retirement allowance computed as follows:
(1) If the member's service retirement date occurs on or after his sixty-fifth birthday or after he has completed thirty twenty-eight or more years of creditable service, the allowance must be equal to one and eighty-two hundredths percent of his average final compensation, multiplied by the number of years of his creditable service.
(2) If the member's service retirement date occurs before his sixty-fifth birthday and before he completes the thirty twenty-eight years of creditable service, his service retirement allowance is computed as in item (1) above but is reduced by five-twelfths of one percent thereof for each month, prorated for periods less than a month, by which his retirement date precedes the first day of the month coincident with or next following his sixty-fifth birthday.
(3) Notwithstanding the foregoing provisions, a Class Two member whose creditable service began before July 1, 1964, shall receive not less than the benefit provided by subsection (A) of this section.
(C) Any teacher or employee as defined in Section 9-1-10(3) and (4) who was a nonmember of the South Carolina Retirement System and who had attained age seventy-two prior to July 1, 1964, and who at the time of separation from service had rendered twenty or more years of employment which would otherwise have been considered creditable service under the terms of the South Carolina Retirement Act may establish such service and qualify for a retirement allowance from the Retirement System provided he does so on or before December 31, 1965.
(1) The employee and employer contributions which would have been made had such service been rendered as a member shall be paid at the then prevailing rates paid by other employees and employers of the South Carolina Retirement System.
(2) The retirement allowance provided by this section shall become effective as of the first day of the month in which such service is established."
5. Section 9-1-1660 of the 1976 Code is amended to read:
"Section 9-1-1660. (1)(A) The person nominated by a member to receive the full amount of his the member's accumulated contributions in the event of his death if the member dies before retirement may, if such the member:
(1) has five or more years of earned service;
(2) dies while in service; and
(3) has either attained the age after the attainment of age sixty-five sixty years or after the accumulation of has accumulated fifteen years or more of creditable service and death occurs in service, elect to receive in lieu of the accumulated contributions an allowance for life in the same amount as if the deceased member had retired at the time of his the member's death and had named the person as beneficiary under an election of Option 2 of Section 9-1-1620. For purposes of the benefit calculation, a member under age sixty with less than thirty twenty-eight years' credit is assumed to be sixty years of age.
(2)(B) Any A person otherwise eligible under subsection (1) (A) of this section to elect to receive an allowance who has attained age sixty-five or after the accumulation of thirty years of creditable service or after the attainment of age sixty with twenty or more years of creditable service but who has received a refund of the member's accumulated contributions under Section 9-1-1650 may, upon repayment of the refund to the system in a single sum, may make the election provided for in subsection (1) (A). The monthly payments under Option 2 to the person date from the time of the repayment of the accumulated contributions to the system."
6. The last paragraph of Section 9-1-1770 of the 1976 Code, as last amended by Act 412 of 1990, is further amended to read:
"Upon the death of a retired member on or after July 1, 1985 after December 31, 2000, there must be paid to the designated beneficiary or beneficiaries, if living at the time of the retired member's death life insurance, otherwise to the retired member's estate, a death benefit of one thousand dollars if the retired member had ten years of creditable service but less than twenty years, two thousand dollars if the retired member had twenty years of creditable service but less than thirty twenty-eight, and three thousand dollars if the retired member had at least thirty twenty-eight years of creditable service at the time of retirement, provided the retired member's most recent employer prior to retirement is covered by the Group Life Insurance Program."
7. Section 9-1-1810 of the 1976 Code is amended to read:
"Section 9-1-1810. As of the end of each calendar year commencing with the year ending December 31, 1969, the increase in the ratio of the Consumer Price Index to the index as of December 31, 1968, or the most recent prior December thirty-first subsequent thereto as of which an increase in retirement allowances was granted, must be determined, and if the increase equals or exceeds three four percent, the retirement allowance, inclusive of the supplemental allowances payable under the provisions of Sections 9-1-1910, 9-1-1920, and 9-1-1930, of each beneficiary in receipt of an allowance as of December 31, 1968, or the most recent December thirty-first subsequent thereto as of which an increase was granted, must be increased by four percent. If the increase in the index is less than three four percent, the retirement allowance, inclusive of supplemental allowances, all as determined above, must be increased by a percentage equal to the increase in the index. The increase in retirement allowances shall commence commences the July first immediately following the December thirty-first that the increase in ratio was determined. Beginning with the calendar year ending December 31, 1981, and all increases in retirement allowances must be granted to these beneficiaries in receipt of a retirement allowance on July first immediately preceding the effective date of the increase. Any increase in allowances after the first five increases shall become is effective only if the additional liabilities, on account because of the increase in allowances, do not require an increase in the total employer rate of contribution except that any increase of up to and including one percent must be paid. Any increase in allowance granted hereunder pursuant to this section must be included in the determination of any subsequent increases, irrespective of any subsequent decrease in the Consumer Price Index.
The allowance of a surviving annuitant of a beneficiary whose allowance is increased under this section must, when and if payable, be increased by the same percent.
For purposes of this section, 'Consumer Price Index' means the Consumer Price Index for Wage Earners and Clerical Workers, as published by the United States Department of Labor, Bureau of Labor Statistics."
8. Section 9-1-1850 of the 1976 Code, as last amended by Act 420 of 1994, is further amended to read:
"Section 9-1-1850. (A)(1) A member who has at least twenty-five years of creditable service in any retirement system provided in this title may elect to receive up to five years of additional service credit as though the additional service credit were rendered by the member as an employee or member by paying into the member's retirement system the amount provided in this item. The required amount is determined by multiplying the member's current salary or the highest fiscal year salary in the member's work career, whichever is greater, by the percentage provided in this item and multiplying the result by the number of years credited, prorated for periods less than one year. The applicable percentage of salary to calculate the payment allowed pursuant to this subsection is as follows:
Years to be Credited Percentage of Salary
(a) not more than one year 58 percent
(b) over one year but not more than two years 54 percent for each year
(c) over two years but not more than three years 50 percent for each year
(d) over three years, but not more than four years 46 percent for each year
(e) over four years 42 percent for each year
(2) The member also shall pay the employer and employee cost for health and dental insurance for a time period equal to the period of service credit purchased, or until the date the member attains age sixty, at which time the member becomes eligible for employer-paid health and dental insurance.
(3) Any service credit purchased under this subsection qualifies the member for retirement and the member must retire within ninety days after the purchase.
(B) As an alternative to the option provided in subsection (A) the A member, if he who has at least twenty-five years of creditable service, may elect to receive up to five three years of additional service credit as though the additional service credit were rendered by him the member as an employee or member upon paying into his the member's retirement system, during the ensuing number of years he the member wishes to purchase in the manner the Comptroller General shall direct, the employer and employee contributions that would be due for the position that he the member presently holds at the salary level in effect during those years. If the position is consolidated or eliminated after the member's retirement, he the member shall pay the employer and employee contributions during the remaining required years at a level equal to what these contributions were for the position before its consolidation or elimination. The member also shall pay the employer and employee cost for health and dental insurance in effect during the ensuing years the member wishes to purchase. The additional service credit qualifies the member for retirement and the member must retire terminate employment within ninety days subsequent to after electing the option provided by subsection (B) this section. The salary level of the position the member presently holds, during the ensuing years the member pays the employer and employee contributions, is attributable to the member for purposes of determining the member's average final compensation.
The retirement benefits of the member shall not commence until the time benefits would have been paid when the member had completed thirty twenty-eight years of service.
The option allowed by this section cannot be exercised if the member has purchased nonqualified service pursuant to Section 9-1-1140(E)."
9. Section 9-11-310 of the 1976 Code is amended to read:
"Section 9-11-310. As of the end of each calendar year commencing with the year ending December 31, 1974, the increase in the ratio of the Consumer Price Index to such the index as of December 31, 1973, or the most recent prior December thirty-first subsequent thereto as of which an increase in retirement allowances was granted, must be determined, and if the increase equals or exceeds three four percent, the retirement allowance, exclusive of any part thereof derived from accumulated additional contributions, of each beneficiary in receipt of an allowance as of December 31, 1973, or the most recent December thirty-first subsequent thereto as of which an increase was granted, must be increased by four percent. If the increase in the index is less than three four percent, the retirement allowances, as determined above, must be increased by a percentage equal to the increase in the index. The increase in retirement allowances must commence commences the July first immediately following the December thirty-first that the increase in ratio was determined.
Beginning with the calendar year ending December 31, 1981, all All increases in retirement allowances must be granted to those beneficiaries in receipt of a retirement allowance on July first immediately preceding the effective date of the increase. The increase in allowances after the first five such increases shall become becomes effective only if the additional liabilities on account of the increase in allowances do not require an increase in the employer rate of contribution except that any increase of up to and including one percent must be paid. Any increase in allowance granted hereunder pursuant to this section is permanent, irrespective of any subsequent decrease in the Consumer Price Index, and must be included in determining any subsequent increase.
The allowance of a surviving annuitant of a beneficiary whose allowance is increased under this section, must, when and if payable, must be increased by the same percent.
For purposes of this section, 'Consumer Price Index' means the Consumer Price Index (all items--United States city average), for Wage Earners and Clerical Workers as published by the United States Department of Labor, Bureau of Labor Statistics."
10. Notwithstanding the general effective date of this section, this subsection takes effect January 1, 2001.
B.1. Article 13, Chapter 1, Title 9 of the 1976 Code is amended by adding:
"Section 9-1-1615. All retirement allowances are payable in monthly installments. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's designated beneficiary, if the beneficiary is living at the time of the member's death, otherwise to the member's estate. If the retired member elected a survivor option pursuant to the optional forms of allowances in Section 9-1-1620, any allowance payable to a survivor beneficiary commences in the month after the death of the retired member."
2. Section 9-1-1770 of the 1976 Code, as last amended by Act 458 of 1996, is further amended by adding a new undesignated paragraph at the end to read:
"Upon the death of a retired member after June 30, 2000, the life insurance benefit otherwise due the member's beneficiary, beneficiaries, or estate under the above paragraph is increased as follows: one thousand dollars is increased to two thousand dollars; two thousand dollars is increased to four thousand dollars; and three thousand dollars is increased to six thousand dollars."
3. Section 9-8-80 of the 1976 Code is amended to read:
"Section 9-8-80. All retirement allowances shall be are payable in monthly installments ceasing with the last payment prior to death except for the spouse entitlement. If a member of the System has elected the optional form of allowance those provisions shall apply. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's spouse, or if the member designated a nonspouse beneficiary or beneficiaries, then to the nonspouse beneficiary or beneficiaries living at the time of the member's death, otherwise to the estate of the member. A spouse's entitlement to a benefit pursuant to Section 9-8-110 commences in the month after the retired member's death. If the retired member elected a survivor option pursuant to the optional retirement allowances in Section 9-8-70, any allowance payable to a survivor beneficiary or beneficiaries commences in the month after the death of the retired member."
4. Section 9-9-80 of the 1976 Code is amended to read:
"Section 9-9-80. All retirement allowances shall be are payable in monthly installments ceasing with the last payment prior to death; provided, that if a member of the System has elected an optional allowance the provisions thereof shall apply. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's designated beneficiary, if the beneficiary is living at the time of the member's death, otherwise to the estate of the member. If the retired member elected a survivor option pursuant to the optional forms of allowances in Section 9-9-70, any allowance payable to a survivor beneficiary commences in the month after the death of the retired member."
5. The last paragraph of Section 9-11-120 of the 1976 Code, as amended by Act 170 of 1991, is further amended to read:
"Upon the death of a retired member on or after July 1, 1985 2000, there must be paid to the designated beneficiary or beneficiaries, if living at the time of the retired member's death, otherwise to the retired member's estate, a death life insurance benefit of two thousand dollars if the retired member had ten years of creditable service but less than twenty years, three four thousand dollars if the retired member had twenty years of creditable service but less than thirty twenty-five, and four six thousand dollars if the retired member had at least thirty twenty-five years of creditable service at the time of retirement, provided if the retired member's most recent employer prior to retirement is covered by the Group Life Insurance Program."
6. Section 9-11-160 of the 1976 Code is amended to read:
"Section 9-11-160. All retirement allowances shall be are payable in monthly installments ceasing with the last payment prior to death, provided that if a member has elected an optional allowance the provisions thereof shall apply. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's designated beneficiary, if the beneficiary is living at the time of the member's death, otherwise to the member's estate. If the retired member elected a survivor option pursuant to the optional forms of allowances in Section 9-11-150, any allowance payable to a survivor beneficiary commences in the month after the death of the retired member."
7. Notwithstanding the general effective date of this section, this subsection takes effect July 1, 2000.
C. All local school district classroom teachers must provide, to their employer, notice of their intent to retire after December 31, 2000, and before the end of the 2000-2001 school year. This notification must be submitted in writing no later than September 1, 2000. Employees electing to retire from the retirement system but choosing to stay employed under the Teacher and Employee Retention Incentive Program are exempt from this requirement.
D. Except as otherwise noted, this section takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. KELLEY explained the amendment.
The amendment was then adopted.
Rep. QUINN proposed the following Amendment No. 5A (Doc Name council\bbm\amend\9663ac00.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, by adding an appropriately numbered paragraph at the end to read:
/72.___ (GP: Senior Prescription Drug Plan Oversight Committee) The South Carolina Seniors' Prescription Drug Program Oversight Committee is established to provide recommendations regarding the program's financing and design. After such recommendations the committee shall act in an advisory role to the Office of Insurance Services before program changes are made. Meetings of the committee must be at least biannual and, if needed, may be called more frequently. The committee shall elect its own chair. Members of the Oversight Committee must include:
(1) a member of the Governor's staff/administration appointed by the Governor;
(2) a member of the Senate Finance Committee appointed by the chairman of the Senate Finance Committee;
(3) a member of the House Ways and Means Committee appointed by the chairman of the Ways and Means Committee;
(4) a representative of senior citizens appointed by the Governor;
(5) a representative of the medical profession recommended by the South Carolina Medical Association and appointed by the Governor;
(6) a representative of the pharmacy profession recommended by the South Carolina Pharmacy Association and appointed by the Speaker of the House;
(7) a representative of the pharmaceutical industry recommended by the Pharmaceutical Research Manufacturers Association and appointed by the President Pro Tempore of the Senate; and
(8) an expert in pharmaceutical policy and economics recommended by the South Carolina Pharmacy Association and the Pharmaceutical Research Manufacturers Association and appointed by the Lieutenant Governor.
Personnel from the State Budget and Control Board shall staff the Oversight Committee. The Oversight Committee's findings and recommendations must be provided to the Governor, the Chairman of the House Ways and Means Committee, and the Chairman of the Senate Finance Committee by December 1, 2000. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. QUINN explained the amendment.
The amendment was then adopted.
Reps. KELLEY and SCOTT proposed the following Amendment No. 6A (Doc Name council\bbm\amend\9661htc00.doc), which was adopted:
Amend the bill, as and if amended, Part II, beginning on page 627, by striking SECTION 32 and inserting:
TO AMEND SECTION 9-9-50, AS AMENDED, OF THE 1976 CODE, RELATING TO CREDITED SERVICE IN THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO DELETE CREDITED SERVICE PROVISIONS SPECIFIC TO MEMBERS OF THE GENERAL ASSEMBLY AND TO PROVIDE THAT GENERAL ASSEMBLY MEMBERS MAY ESTABLISH SERVICE CREDIT AT THE SAME COST AND UNDER THE SAME CONDITIONS AS MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM MAY ESTABLISH SERVICE.
A. Section 9-9-50(4) of the 1976 Code, as amended by Act 439 of 1998, is further amended to read:
"(4) Any member with two or more years of credited service shall receive additional credited service for the period of his military service, at the rate of one year of military service for each one year of his credited service excluding any period of credited military service, provided he was discharged or separated from the military service under conditions other than dishonorable, and upon paying to the system, by a single payment before his retirement or death or by such other method of payment as may be prescribed from time to time by the board, all payments to the system he would have been required to make for the period to be so credited had he been employed in the position he held immediately before the commencement of his military leave during the period of such military service, together with the regular interest which would have been credited thereon from the date the contributions would have been made to the date of payment. In the case of a member whose military service was rendered before his becoming a member of the General Assembly the payments by the member, as described in the foregoing sentence, must be determined on the basis of his earnable compensation at the time he first became a member of the system. No member shall receive credit for more than six years of military service. Military service includes service in the national guard; provided, however, that to establish creditable service for national guard service, the member must pay the actuarial cost as determined by the board, but the payment may not be less than twelve percent of the member's earnable compensation at the time of payment for each year of service credited. The prohibition on duplication of benefits applicable to credit established for federal employment pursuant to Section 9-1-1140 also applies to credit established for service in the national guard and national guard service may not be established for periods of service credited or creditable in any retirement system provided in this title. A member of the General Assembly may establish service credit in the system for the same types of service, at the same cost, and under the same conditions, as members of the South Carolina Retirement System may establish service in the South Carolina Retirement System pursuant to Section 9-1-1140."
B. This section takes effect on January 1, 2001. /
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Rep. KELLEY explained the amendment.
Rep. SHEHEEN moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 19 to 35.
The question then recurred to the adoption of the amendment.
Rep. SIMRILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Bales Barfield Bowers Brown, G. Brown, H. Brown, J. Chellis Cooper Dantzler Edge Frye Gilham Gourdine Govan Harrell Harvin Haskins Hines, J. Hines, M. Hinson Hosey Howard Huggins Kelley Kennedy Klauber Knotts Koon Law Lee Littlejohn Lloyd Mack Martin McCraw Parks Perry Phillips Quinn Rhoad Riser Rodgers Rutherford Sandifer Scott Smith, D. Taylor Townsend Tripp Trotter Walker Webb Whatley Whipper Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Bailey Barrett Campsen Carnell Cato Clyburn Davenport Delleney Easterday Emory Fleming Gamble Hamilton Keegan Kirsh Leach Lourie Lucas Maddox McGee McLeod, W. Meacham-Richardson Miller Neal, J.H. Neal, J.M. Neilson Rice Seithel Sheheen Simrill Smith, R. Stille Stuart Vaughn Wilder
So, the amendment was adopted.
Rep. KELLEY proposed the following Amendment No. 7A (Doc Name COUNCIL\PSD\AMEND\7264AFC00), which was adopted:
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 8-11-180 SO AS TO AUTHORIZE A STATE EMPLOYEE WHO IS A CERTIFIED DISASTER SERVICE VOLUNTEER FOR THE AMERICAN RED CROSS NOT MORE THAN TEN DAYS PAID LEAVE IN A YEAR TO PARTICIPATE IN SPECIALIZED DISASTER RELIEF SERVICES OF THE AMERICAN RED CROSS AND TO MAKE SUCH LEAVE AVAILABLE ONLY WITH THE APPROVAL OF THE EMPLOYEE'S EMPLOYER.
Article 1, Chapter 11, Title 8 of the 1976 Code is amended by adding:
"Section 8-11-180. A state employee entitled to annual leave pursuant to Article 7 of this chapter who is a certified disaster service volunteer of the American Red Cross may be granted leave from work with pay for not more than ten work days in each calendar year to participate in specialized disaster relief services for the American Red Cross. Upon the approval of the employee's employer, the employee must be released from work for this function upon request of the American Red Cross for the services of that employee. This leave is in addition to other leave to which the employee is entitled." /
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Rep. KELLEY explained the amendment.
The amendment was then adopted.
Rep. KOON proposed the following Amendment No. 9A (Doc Name council\pt\amend\2127htc00.doc), which was adopted:
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 51-17-140, AS AMENDED, OF THE 1976 CODE, RELATING TO MAXIMUM ACREAGE THAT MAY BE ACQUIRED UNDER THE PROVISIONS OF THE HERITAGE TRUST PROGRAM, SO AS TO RAISE THE LIMITATION FROM ONE HUNDRED THOUSAND ACRES TO ONE HUNDRED FIFTY THOUSAND ACRES AND TO REQUIRE ADVANCE APPROVAL OF ACQUISITIONS BY THE COUNTY LEGISLATIVE DELEGATION.
Section 51-17-140 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:
"Section 51-17-140. Not more than one hundred fifty thousand acres total of real property shall be acquired in fee under the provisions of this chapter. Moreover, No acquisition shall may be made under this chapter in any county without written approval of a majority of the county delegation in the county where the property is located Heritage Trust properties are to be acquired." /
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Rep. KOON explained the amendment.
Rep. EDGE raised the Point of Order that Amendment No. 3A was out of order as not germane in that it did not relate to a line item in Part I of the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. KOON continued speaking.
Rep. EDGE moved to table the amendment.
Rep. SHEHEEN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Barfield Davenport Edge Hayes Neal, J.H.
Those who voted in the negative are:
Allen Allison Askins Bailey Bales Barrett Battle Bowers Breeland Brown, H. Brown, J. Campsen Carnell Clyburn Cobb-Hunter Dantzler Delleney Emory Fleming Frye Gamble Gilham Gourdine Govan Hamilton Hawkins Hines, J. Hines, M. Hinson Hosey Huggins Jennings Keegan Kirsh Klauber Koon Law Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Mack Martin McCraw McGee McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.M. Neilson Parks Perry Phillips Quinn Rhoad Rice Riser Rodgers Sandifer Seithel Sheheen Simrill Smith, D. Smith, R. Stille Stuart Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum
So, the House refused to table the amendment.
Rep. EDGE spoke against the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. DELLENEY proposed the following Amendment No. 10A (Doc Name council\pt\amend\2126sd00.doc), which was adopted:
Amend the bill, as and if amended, Part 1B, SECTION 1 (Department of Education), by adding a new paragraph to be appropriately numbered which shall read:
/ 1.___ Transportation costs for the transporting of students from the Mitford area of Fairfield County to schools in the Great Falls area of Chester County is not the responsibility of and shall not be borne by the Chester County School District. These transportation costs shall continue to be the responsibility of the State Department of Education./
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Rep. DELLENEY explained the amendment.
The amendment was then adopted.
Rep. VAUGHN proposed the following Amendment No. 15A (Doc Name council\bbm\amend\9670htc00.doc), which was adopted:
Amend the bill, as and if amended, in Part IB, Section 54, Legislative Department, page 516, by amending paragraph 54.29 to read:
/ 54.29 (LEG: Additional House Support Personnel) The funds provided for Legislative/Constituent Services are appropriated for the purpose of providing additional support personnel to assist House members who are not already being furnished with direct legislative assistance in the conduct of their Legislative responsibilities. This amount shall be used for staffing requirements where necessary for part time personnel. The additional personnel may be used only in compliance with 8-13-1346(A) of the South Carolina Code of Laws. At a member's request, the House Operations and Management Committee may use any unexpended portion of a member's allotment to purchase equipment for a member's office. The amount herein appropriated for additional support personnel to assist House members shall be allocated so as to provide each eligible member $3,000 for an aide's compensation exclusive of employer contributions to eligible members as follows: For fiscal years beginning in even years, an eligible member is allowed an allocation of $1,000 beginning July 1. An additional $2,000 allotment is allowed when the eligible member's election to the upcoming General Assembly is certified or at the time the member is unopposed for the general election, whichever occurs first. A member elected to a full term in the House of Representatives, who did not serve in the General Assembly preceding the election, is allowed an allocation of $2,000 from the time the member's election is certified until the end of the then current fiscal year. For fiscal years beginning in odd years, eligible members are allowed an allocation of $3,000. Whenever a member is elected to fill an unexpired term, the allotment must be prorated on a monthly basis. The amounts provided above as allotments for members are provided for an aide's compensation, exclusive of employer contributions. Each member may choose to expend his allocation for an individual legislative aide or may choose to combine his allocation with allocations of other House members for a legislative aide to assist each of the members contributing to the expense of that aide. /
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Rep. VAUGHN explained the amendment.
Rep. FLEMING moved to table the amendment, which was rejected.
The question then recurred to the adoption of the amendment, which was agreed to.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The Senate amendments to the following Joint Resolution were taken up for consideration:
H. 4776 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1999-00.
Rep. HARRELL proposed the following Amendment No. 1A (Doc Name COUNCIL\BBM\AMEND\9654HTC00), which was adopted:
Amend the joint resolution, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for fiscal year 1999-00 the following amounts:
(1) State Department of Education
Transportation - Buses, Fuel, and Parts $4,009,770
(2) University of South Carolina - Columbia
New Law School Building 5,000,000
(3) University of Charleston
New Science Building 4,000,000
(4) Coastal Carolina University
Athletic Complex 4,000,000
(5) State Department of Education
Governor's School for Math and
Science New Building 1,000,000
(6) Department of Commerce
Spartanburg Renaissance Project 1,000,000
(7) Department of Commerce
Columbia Convention Center 2,500,000
(8) University of Charleston
School of the Arts Addition 3,000,000
(9) University of South Carolina - Spartanburg
New Library/Technology Building 6,000,000
(10) University of South Carolina - Columbia
Gibbes Green/LeConte College Renovation 4,000,000
(11) Clemson University
Civil/Textile Building 6,000,000
(12) Citadel
Replace Padgett-Thomas Barracks 3,000,000
(13) Francis Marion University
Schools of Education and Business Building 1,000,000
(14) Board for Technical and Comprehensive Education
Equipment and Technology Infrastructure 7,000,000
(15) Board for Technical and Comprehensive Education
Florence-Darlington TEC
New Advanced Manufacturing Center 3,500,000
(16) Board for Technical and Comprehensive Education
Horry-Georgetown TEC
Grand Strand Campus 500,000
(17) Board for Technical and Comprehensive Education
Spartanburg TEC
New Student Life Building 3,508,000
(18) Board for Technical and Comprehensive Education
Tri-County TEC
Anderson, Miller & Pickens Halls 2,200,000
(19) Board for Technical and Comprehensive Education
Trident TEC
Industrial/Economic Development Renovation 3,500,000
(20) Department of Mental Health
Columbia Area Mental Health Center
Construction 2,000,000
(21) South Carolina State University
Lowman Hall Renovation 1,094,625
(22) Clemson University
Renovation/Expansion of Wellness Center 2,000,000
(23) MUSC
College of Dental Medicine Building 6,300,000
(24) Ports Authority
Charleston Harbor Dredging 5,400,000
(25) Lander University
Genesis Hall Renovation 125,000
(26) Lander University
Deferred Maintenance
Math/Science Building 150,000
(27) Lander University
HVAC Repair & Control Upgrade 485,000
(28) Department of Archives & History
Old Exchange & Provost Dungeon 925,000
(29) Department of Health & Human Services
Gaffney Senior Citizens Center Repairs 125,000
(30) State Library
Bamberg County Library 350,000
(31) University of South Carolina - Beaufort
New River Facility 1,500,000
(32) Department of Health and Human Services
Edgefield County Hospital Wellness Center 125,000
(33) Winthrop University
Waterproofing/Roof Repair - Rutledge Building 964,636
(34) Department of Commerce
SC Biotechnology Center (Greenwood Genetics) 360,000
(35) Department of Public Safety
Computer System 9,292,000
(36) Budget & Control Board
Division of Operations
Governor's Mansion Renovation 1,000,000
TOTAL $96,914,031. /
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Rep. HARRELL explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Joint Resolution was ordered returned to the Senate.
The following was received:
Columbia, S.C., May 18, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it requests the return of S. 575:
S. 575 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA SALES TAX, SO AS TO PROVIDE FOR THE EXEMPTION OF SPECIFIED MEDICAL AND PHARMACEUTICAL SUPPLIES USED FOR THE INTRAVENOUS ADMINISTRATION OF A PRESCRIPTION DRUG OR MEDICINE IN CERTAIN SITUATIONS.
Very respectfully,
President
The Bill was ordered returned to the Senate upon their request.
The following was received from the Senate:
Columbia, S.C., May 18, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 1266:
S. 1266 (Word version) -- Senator Ford: A BILL TO PROVIDE THAT THE CONFEDERATE BATTLE FLAG SHALL BE REMOVED FROM ATOP THE STATE HOUSE, FROM THE FRONT GROUND-FLOOR FOYER OF THE STATE HOUSE, AND FROM THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES AND PLACED IN AN UNBREAKABLE GLASS DISPLAY CASE IN FRONT OF THE CONFEDERATE SOLDIER'S MONUMENT ON THE STATE HOUSE GROUNDS, TO PROVIDE THAT THE FIRST NATIONAL FLAG OF THE CONFEDERACY (STARS AND BARS) SHALL BE DISPLAYED AT THE WOMEN'S MONUMENT TO THE CONFEDERACY ON THE STATE HOUSE GROUNDS, AND TO PROVIDE THAT THE UNIVERSAL NEGRO IMPROVEMENT ASSOCIATION FLAG (BLACK LIBERATION FLAG) SHALL BE DISPLAYED AT THE AFRICAN AMERICAN MONUMENT ON THE STATE HOUSE GROUNDS; AND TO AMEND CHAPTER 1, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC BUILDINGS AND PROPERTY, BY ADDING SECTION 10-1-165 SO AS TO PROVIDE THAT ONLY THE UNITED STATES FLAG AND THE SOUTH CAROLINA STATE FLAG SHALL FLY ATOP THE STATE HOUSE, BE DISPLAYED IN THE FRONT GROUND-FLOOR FOYER OF THE STATE HOUSE, AND IN THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES.
and asks for a Committee of Conference and has appointed Senators J.V. SMITH, MCCONNELL and JACKSON of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. HARRISON, COTTY and J. SMITH to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. HARRELL moved that the House recur to the morning hour, which was agreed to.
The following Bill and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 5100 (Word version) -- Rep. W. McLeod: A BILL TO AMEND SECTION 56-3-4710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL FEE FOR SPECIAL LICENSE PLATES ISSUED TO MEMBERS OF THE SOUTH CAROLINA STATE GUARD, SO AS TO CHANGE THE FEE PAID FOR A SPECIAL LICENSE PLATE BY A MEMBER OF THE STATE GUARD TO THE SAME AMOUNT PAID FOR A SPECIAL LICENSE PLATE BY A MEMBER OF THE NATIONAL GUARD BY ELIMINATING THE PERSONALIZED LICENSE PLATE FEE REQUIRED TO BE PAID BY MEMBERS OF THE STATE GUARD.
Referred to Committee on Education and Public Works
H. 5101 (Word version) -- Rep. Haskins: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO ONE MILLION ONE HUNDRED NINETY-SIX THOUSAND NINE HUNDRED AND SEVENTEEN DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF DESIGNING AND ACQUIRING AN UNEMPLOYMENT TAX ACCOUNTING SYSTEM FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION.
Rep. HASKINS moved to waive Rule 5.12, which was agreed to by a division vote of 42 to 1.
Without Reference
H. 5102 (Word version) -- Rep. Haskins: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO THREE HUNDRED THIRTY-THREE THOUSAND THREE HUNDRED AND FORTY-FOUR DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF ERECTING A BUILDING FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION IN HORRY COUNTY.
Rep. HASKINS moved to waive Rule 5.12, which was agreed to by a division vote of 49 to 0.
Without Reference
The following was introduced:
H. 5103 (Word version) -- Reps. Bailey, Chellis, Cobb-Hunter, Young-Brickell, Harrell, Dantzler, Rhoad and Whatley: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON HIGHWAY 15 OVER THE EDISTO RIVER AT THE COLLETON-DORCHESTER COUNTY LINE THE "GRADY C. MURRAY BRIDGE", AND FURTHER REQUESTING THE DEPARTMENT TO ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1396 (Word version) -- Senator Bryan: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME HIGHWAY 8 EAST FROM WAREPLACE TO PELZER THE "JAMES WILLIAM CAMPBELL HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
Rep. TROTTER moved that the House do now adjourn.
Rep. EASTERDAY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Askins Brown, G. Cato Cooper Davenport Delleney Fleming Gourdine Hines, J. Hines, M. Kirsh Loftis Mack Martin McCraw Meacham-Richardson Neal, J.H. Parks Rice Rutherford Taylor Townsend Trotter Whipper Wilkes
Those who voted in the negative are:
Allison Bailey Bales Barfield Battle Bowers Brown, H. Brown, J. Campsen Carnell Chellis Easterday Edge Emory Frye Gamble Gilham Hamilton Haskins Hawkins Hinson Howard Huggins Jennings Keegan Kelley Kennedy Koon Law Leach Lee Limehouse Littlejohn Lourie Lucas Maddox McGee McLeod, W. McMahand Miller Moody-Lawrence Neal, J.M. Neilson Ott Phillips Quinn Rhoad Rodgers Sandifer Seithel Sheheen Simrill Smith, D. Smith, R. Stille Stuart Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Young-Brickell
So, the House refused to adjourn.
On motion of Rep. HASKINS the House stood at ease subject to the call of the Chair.
At 1:45 p.m. the House resumed, the SPEAKER in the Chair.
Rep. HAWKINS moved that the House recede until 2:30 p.m.
Rep. RICE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Bailey Bales Barrett Bowers Dantzler Emory Gilham Hawkins Jennings Kelley Klauber Lee Lloyd Lourie Lucas McLeod, W. Neal, J.M. Ott Parks Quinn Rhoad Riser Rodgers Scott Sheheen Stuart Taylor Wilkins Young-Brickell
Those who voted in the negative are:
Askins Barfield Breeland Brown, G. Brown, H. Campsen Cato Chellis Cooper Davenport Delleney Edge Fleming Frye Gamble Gourdine Hamilton Harrell Hayes Hines, J. Hines, M. Hinson Howard Huggins Keegan Kennedy Kirsh Koon Law Leach Limehouse Littlejohn Loftis Mack Martin McCraw McGee McLeod, M. McMahand Meacham-Richardson Moody-Lawrence Neal, J.H. Neilson Phillips Rice Rutherford Sandifer Seithel Simrill Smith, D. Smith, R. Stille Townsend Trotter Vaughn Walker Webb Wilder Wilkes Witherspoon
So, the House refused to recede.
Rep. MEACHAM-RICHARDSON moved that the House do now adjourn.
Rep. LOURIE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Askins Breeland Brown, G. Cato Cooper Dantzler Davenport Delleney Fleming Gamble Govan Hawkins Hines, J. Hines, M. Kirsh Klauber Lloyd Loftis Martin McCraw McLeod, M. Meacham-Richardson Neal, J.H. Parks Phillips Rice Rutherford Simrill Taylor Townsend Trotter Vaughn Whipper Wilkes
Those who voted in the negative are:
Allen Allison Bailey Bales Barfield Barrett Bowers Brown, H. Campsen Chellis Edge Emory Frye Gilham Hamilton Harrell Hinson Huggins Jennings Keegan Kelley Kennedy Koon Law Leach Lee Limehouse Littlejohn Lourie Lucas Maddox McGee McLeod, W. McMahand Miller Moody-Lawrence Neal, J.M. Neilson Ott Perry Quinn Rhoad Riser Rodgers Sandifer Seithel Sheheen Smith, D. Smith, R. Stille Stuart Walker Webb Whatley Wilder Wilkins Witherspoon Young-Brickell
So, the House refused to adjourn.
On motion of Rep. HASKINS the House stood at ease subject to the call of the Chair.
At 2:15 p.m. the House resumed, the SPEAKER in the Chair.
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 1266 (Word version) -- Senator Ford: A BILL TO AMEND CHAPTER 10, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-10-10, SO AS TO PROVIDE FOR PERMANENT PLACEMENT OF THE UNITED STATES FLAG, THE SOUTH CAROLINA STATE FLAG, AND THE SOUTH CAROLINA INFANTRY BATTLE FLAG OF THE CONFEDERATE STATES OF AMERICA; TO AMEND SECTION 10-1-160, RELATING TO DISPLAY OF CERTAIN FLAGS; TO PROVIDE FOR THE PROTECTION OF MEMORIALS, MONUMENTS, STREETS, PARKS, AND OTHER PUBLIC AREAS; AND TO ESTABLISH SPECIFIC VOTE REQUIREMENTS FOR THE AMENDMENT OR REPEAL OF CERTAIN PROVISIONS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Chapter 10, Title 1 of the 1976 Code is amended by adding:
"Section 1-10-10. (A) As of 12:00 noon on effective date of this Act, and permanently thereafter, the only flags authorized to be flown atop the dome of the State House, in the chambers of the Senate and House of Representatives, and on the grounds of the Capitol Complex shall be as authorized in this section.
The flags authorized to be flown atop the dome of the State House and in the chambers of the Senate and House of Representatives are the United States Flag and the South Carolina State Flag. As of 12:00 noon on effective date of this Act, the flag authorized to be flown at a designated location on the grounds of the Capitol Complex is the South Carolina Infantry Battle Flag of the Confederate States of America [the Battle Flag of the Army of Northern Virginia (General Robert E. Lee's Army) the South Carolina, Georgia, Florida Department version]. This flag must be flown on a flagpole located at a point on the south side of the Confederate Soldier Monument, centered on the monument, ten feet from the base of the monument at a height of thirty feet. The flagpole on which the flag is flown and the area adjacent to the monument and flagpole must be illuminated at night and an appropriate decorative iron fence must be erected around the flagpole.
The South Carolina Infantry Battle Flag of the Confederate States of America is square measuring fifty-two inches on each side, inclusive of the white border, with a St. Andrews Cross of blue, edged with white, with thirteen equal five-pointed stars, upon a red field, with the whole banner bordered in white. The blue arms of the cross are 7.5 inches wide and the white border around the flag proper is 1.5 inches wide. The stars are five-pointed, inscribed within a circle six inches in diameter, and are uniform in size.
From any funds appropriated to the Budget and Control Board, the Division of General Services of the Budget and Control Board, or its successor in interest, shall ensure that the flags authorized above shall be placed at all times as directed in this section and shall replace the flags at appropriate intervals as may be necessary due to wear.
(B) The provisions of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly.
(C) The term 'chambers' of the House or Senate for the purposes of this section does not include individual members' offices. The provisions of this section do not prohibit a private individual on the capitol complex grounds from wearing as a part of his clothing or carrying or displaying any type of flag including a Confederate Flag."
SECTION 2. Section 10-1-160 of the 1976 Code is amended to read:
"Section 10-1-160. (A) The United States flag and the State flag shall be flown daily, except in rainy weather, from a staff upon the State House, and shall be displayed above the rostrum in the chambers of the House of Representatives and the Senate and in the first floor north foyer of the State House. No other flag shall be displayed in these locations or atop the dome or roof, or within the foyers or common or public areas within the capitol building. The State Budget and Control Board shall purchase a suitable flag flags for display at the State House locations and cause it them to be displayed, the expense to be borne out of the funds provided for maintenance appropriated to it.
(B) The provisions of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly.
(C) The term 'chambers' of the House or Senate for purposes of this section does not include individual members' offices. The provisions of this section do not prohibit a private individual on the capitol complex grounds from wearing as a part of his clothing or carrying or displaying any type of flag including a confederate flag."
SECTION 3. (A) No Revolutionary War, War of 1812, Mexican War, War Between the States, Spanish-American War, World War I, World War II, Korean War, Vietnam War, Persian Gulf War, Native American, or African-American History monuments or memorials erected on public property of the State or any of its political subdivisions may be relocated, removed, disturbed, or altered. No street, bridge, structure, park, preserve, reserve, or other public area of the State or any of its political subdivisions dedicated in memory of or named for any historic figure or historic event may be renamed or rededicated. No person may prevent the public body responsible for the monument or memorial from taking proper measures and exercising proper means for the protection, preservation, and care of these monuments, memorials or nameplates.
(B) The provisions of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly.
SECTION 4. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 5. The actual Confederate Flags (Naval Jack) removed from above the rostrum in the chambers of the House of Representatives and the Senate must be placed and permanently displayed in a suitable location in the State Museum.
SECTION 6. The actual Confederate Flag (Naval Jack) which is flying on the effective date of this act and which is removed from the dome of the State House must be placed and permanently displayed in a suitable location in the State Museum.
SECTION 7. All orders for Confederate flags placed with the Sergeant at Arms of the House of Representatives and paid for in full as of May 31, 2000, must be filled.
SECTION 8. The 1976 Code is amended by adding:
"Section 10-11-315. It is unlawful for a person to willfully and maliciously deface, vandalize, damage, or destroy or attempt to deface, vandalize, damage, or destroy any monument, flag, flag support, memorial, fence, or structure located on the capitol grounds and a person convicted of a violation of this section shall be punished pursuant to the provisions of Section 10-11-360."
SECTION 9. This act takes effect on July 1, 2000. /
Amend title to conform.
Senator J. Verne Smith Representative James Harrison Senator Glenn F. McConnell Representative William Cotty Senator Darrell Jackson Representative James Smith On Part of the Senate. On Part of the House.
Rep. HARRISON explained the Conference Report.
Rep. FLEMING raised the Point of Order that the Conference Report was out of order under Rule 5.14 in that the report should not be considered since it had not been printed in the House Journal.
SPEAKER WILKINS sustained the Point of Order.
Rep. HARRISON moved to waive Rule 5.15.
Rep. HARRISON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Askins Bailey Bales Barfield Battle Brown, H. Brown, J. Campsen Carnell Chellis Clyburn Cotty Easterday Edge Emory Frye Gamble Gilham Gourdine Hamilton Harrell Harrison Haskins Hawkins Hayes Hinson Howard Huggins Jennings Keegan Kelley Kennedy Klauber Koon Law Leach Lee Limehouse Littlejohn Lloyd Lourie Lucas Maddox McGee McLeod, M. McLeod, W. McMahand Miller Neal, J.M. Neilson Ott Parks Perry Phillips Quinn Riser Rodgers Sandifer Scott Seithel Simrill Smith, D. Smith, J. Smith, R. Stille Stuart Taylor Tripp Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon
Those who voted in the negative are:
Barrett Bowers Cato Cooper Dantzler Davenport Delleney Fleming Hines, J. Hines, M. Kirsh Loftis Martin McCraw Meacham-Richardson Moody-Lawrence Rhoad Rice Townsend Trotter Vaughn
So, Rule 5.15 was waived.
Rep. J. H. NEAL spoke against the Conference Report.
The question then recurred to the adoption of the Conference Report.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Askins Bales Battle Bowers Brown, G. Brown, H. Campsen Carnell Chellis Cotty Easterday Emory Frye Gilham Hamilton Harrell Harrison Haskins Hawkins Hayes Huggins Jennings Keegan Kelley Kennedy Klauber Knotts Koon Law Leach Lee Limehouse Lourie Lucas Maddox McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.M. Neilson Ott Perry Phillips Quinn Riser Rodgers Sandifer Seithel Sheheen Simrill Smith, D. Smith, J. Stille Stuart Tripp Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon
Those who voted in the negative are:
Bailey Barfield Barrett Breeland Brown, J. Cato Clyburn Cobb-Hunter Cooper Dantzler Davenport Delleney Edge Fleming Gamble Gourdine Govan Hines, J. Hines, M. Hinson Howard Kirsh Littlejohn Lloyd Loftis Mack Martin McCraw McGee Meacham-Richardson Neal, J.H. Parks Rhoad Rice Rutherford Scott Smith, R. Taylor Townsend Trotter Vaughn Whipper Young-Brickell
So, the Conference Report was adopted and a message was ordered sent to the Senate accordingly.
I was out of the building assisting a constituent when the vote was taken on the adoption of the Conference Report on S. 1266. Had I been in the Chamber, I would have voted yes, in favor of the Conference Report. I did vote in favor of this plan on second and third reading.
Rep. Alex Harvin III
While I was present on Thursday, May 18, I had to leave due to a family emergency, prior to adjournment. Consequently, I missed several votes on H. 4775, the 2000-2001 General Appropriation Bill; H. 4776, the Capital Reserve Appropriation Bill and the Conference Report on S. 1266. As I did on second and third reading of S. 1266, I would have voted for the Conference Report on S. 1266, because it included a 30 foot flag pole, proper illumination and two-thirds protection of all monuments, markers, etc. commemorating South Carolina's participation in many wars, including the War Between the States.
Rep. Alfred B. Robinson, Jr.
Rep. HARRELL moved that the House stand at ease until the receipt of messages from the Senate, and thereupon stand adjourned, which was agreed to.
The following was received:
Columbia, S.C., May 18, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 1266:
S. 1266 (Word version) -- Senator Ford: A BILL TO PROVIDE THAT THE CONFEDERATE BATTLE FLAG SHALL BE REMOVED FROM ATOP THE STATE HOUSE, FROM THE FRONT GROUND-FLOOR FOYER OF THE STATE HOUSE, AND FROM THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES AND PLACED IN AN UNBREAKABLE GLASS DISPLAY CASE IN FRONT OF THE CONFEDERATE SOLDIER'S MONUMENT ON THE STATE HOUSE GROUNDS, TO PROVIDE THAT THE FIRST NATIONAL FLAG OF THE CONFEDERACY (STARS AND BARS) SHALL BE DISPLAYED AT THE WOMEN'S MONUMENT TO THE CONFEDERACY ON THE STATE HOUSE GROUNDS, AND TO PROVIDE THAT THE UNIVERSAL NEGRO IMPROVEMENT ASSOCIATION FLAG (BLACK LIBERATION FLAG) SHALL BE DISPLAYED AT THE AFRICAN AMERICAN MONUMENT ON THE STATE HOUSE GROUNDS; AND TO AMEND CHAPTER 1, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC BUILDINGS AND PROPERTY, BY ADDING SECTION 10-1-165 SO AS TO PROVIDE THAT ONLY THE UNITED STATES FLAG AND THE SOUTH CAROLINA STATE FLAG SHALL FLY ATOP THE STATE HOUSE, BE DISPLAYED IN THE FRONT GROUND-FLOOR FOYER OF THE STATE HOUSE, AND IN THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES.
Very respectfully,
President
Received as information.
The Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.
The following was received from the Senate:
Columbia, S.C., May 18, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 4775:
H. 4775 (Word version) -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 2000. (Abbreviated Title)
Very respectfully,
President
On motion of Rep. HARRELL, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. HARRELL, KELLEY and QUINN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The Senate returned to the House with concurrence the following:
H. 5090 (Word version) -- Rep. Perry: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH AIKEN HIGH SCHOOL "THOROUGHBREDS" GOLF TEAM AND HEAD COACH, DONNIE HOLLAND, ON CAPTURING THE 2000 CLASS AAAA STATE GOLF CHAMPIONSHIP.
H. 5091 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MR. BERNARD H. KLINE OF COLUMBIA AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 5093 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION EXTENDING GREETINGS TO THE TONEY FAMILY OF LEE AND SUMTER COUNTIES AND WISHING THE FAMILY MEMBERS WELL AS THEY GATHER JULY 1, 2000, IN ELLIOTT, SOUTH CAROLINA, TO CELEBRATE THEIR SIXTH FAMILY REUNION AND PROUD HISTORY AS SOUTH CAROLINIANS.
H. 5036 (Word version) -- Rep. Seithel: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE LOCATED ON SOUTH CAROLINA HIGHWAY 171 IN CHARLESTON COUNTY WHICH CONNECTS THE MAINLAND TO FOLLY ISLAND THE "LEE WESTBURY BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS.
At 3:00 p.m. the House in accordance with the motion of Rep. HARRELL adjourned to meet at 10:00 a.m. tomorrow.
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