Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Dearly beloved, hear words from St. Paul in his letter to the Romans, Chapter 12:6-7:
"Having gifts that differ according to the grace given to us, let
us use them;
If prophecy, in proportion to our faith;
If service, in our serving..."
Let us pray.
O God, You give rest to the weary, blessed sleep to tired minds and a new day to try to do our duty.
As we face the opportunities of today with its unknown demands, its strange problems and its unrevealed risks, we pray for a fresh vision of what is good for South Carolina... and for a new revelation of Your will for us.
Help us never to flee from difficulties but meet them with the wisdom and poise of men and women, brothers and sisters who have looked into the face of God by faith and asked, "What is right under these circumstances?"
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received:
Document No. 2495
Agency: Department of Labor, Licensing and Regulation, Board of Registration for Professional Engineers and Land Surveyors
SUBJECT: Individual Licenses
Received by Lieutenant Governor February 2, 2000
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration June 1, 2000
Revised June 10, 2000
Senate Labor, Commerce and Industry Committee Requested Withdrawal March 13, 2000
120 Day Period Tolled
Senator GIESE introduced Dr. Al Pakalnis of Columbia, S.C., Doctor of the Day.
Senator GIESE rose for an Expression of Personal Interest.
Senator RAVENEL rose for an Expression of Personal Interest.
H. 4520 (Word version) -- Reps. Robinson, Rice, Webb and Trotter: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 19, 2000, BY THE STUDENTS AND TEACHERS OF GETTYS MIDDLE SCHOOL IN THE PICKENS COUNTY SCHOOL DISTRICT DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO A BROKEN WATER MAIN IS EXEMPTED 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.
Senator MARTIN asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Education.
There was no objection.
The Joint Resolution was recalled and ordered placed on the Calendar.
H. 4450 (Word version) -- Reps. Harrison, Cato, Wilkins, Sharpe, Jennings, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bowers, G. Brown, H. Brown, Carnell, Cooper, Dantzler, Davenport, Easterday, Edge, Gamble, Harrell, Harris, Harvin, Haskins, Hawkins, Hinson, Huggins, Keegan, Kelley, Kirsh, Klauber, Knotts, Koon, Lanford, Leach, Lee, Limehouse, Littlejohn, Loftis, Lourie, Mack, Maddox, Martin, McCraw, McGee, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Ott, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Simrill, D. Smith, J. Smith, R. Smith, Taylor, Townsend, Tripp, Trotter, Walker, Wilder, Wilkes, Witherspoon, Woodrum, Young-Brickell, Vaughn, Law, Stuart, Emory and Whatley: A BILL TO AMEND CHAPTER 15, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, BY ADDING SECTION 56-15-45 SO AS TO PROHIBIT OWNERSHIP, OPERATION, OR CONTROL OF COMPETING DEALERSHIPS BY A MANUFACTURER OR FRANCHISOR EXCEPT UNDER CERTAIN CIRCUMSTANCES, PROHIBIT UNFAIR COMPETITION BY A MANUFACTURER OR FRANCHISOR AGAINST A FRANCHISEE, DEFINE PREFERENTIAL TREATMENT GIVING RISE TO A PRESUMPTION OF UNFAIR COMPETITION, AND EXEMPT SALES BY MANUFACTURERS OR FRANCHISORS TO THEIR EMPLOYEES AND TO THE FEDERAL GOVERNMENT; BY ADDING SECTION 56-15-46 SO AS TO REQUIRE WRITTEN NOTICE TO A CURRENT DEALERSHIP OF THE INTENTION OF A FRANCHISOR TO RELOCATE AN EXISTING DEALERSHIP OR TO ESTABLISH A NEW DEALERSHIP IN THE SAME MARKET AREA, PROVIDE GROUNDS FOR INJUNCTION OF THAT ESTABLISHMENT OR RELOCATION, AND PROVIDE FOR EXCEPTIONS; TO AMEND SECTION 56-15-60, RELATING TO DEALERS' CLAIMS FOR COMPENSATION, SO AS TO LIMIT THE AUDIT PERIOD FOR INCENTIVE COMPENSATION PROGRAMS AND PROHIBIT THE DENIAL, DELAY, OR RESTRICTION OF A CLAIM PAYMENT UNLESS THE CLAIM IS MATERIALLY DEFECTIVE; AND BY ADDING SECTION 56-15-140 SO AS TO GRANT JURISDICTION FOR ACTIONS FILED PURSUANT TO THIS ACT TO THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE PLAINTIFF DEALERSHIP HAS ITS PRINCIPAL PLACE OF BUSINESS AND ESTABLISH RESIDENCE OF THE DEFENDANT ENTITIES IN THAT COUNTY FOR VENUE PURPOSES, NOTWITHSTANDING AN AGREEMENT TO THE CONTRARY.
Senator LAND asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.
There was no objection.
The Bill was recalled and ordered placed on the Calendar.
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.
Senator LAND asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
The Bill was recalled and ordered placed on the Calendar.
S. 200 (Word version) -- Senators J. Verne Smith, Leatherman, Giese and Reese: A BILL TO AMEND ARTICLE 5, CHAPTER 79, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATIENTS' COMPENSATION FUND, SO AS TO ELIMINATE THE BOARD OF GOVERNORS OF THE PATIENTS' COMPENSATION FUND AND ESTABLISH THE FUND WITHIN THE DEPARTMENT OF INSURANCE UNDER THE EXECUTIVE AUTHORITY OF THAT DEPARTMENT'S DIRECTOR.
On motion of Senator GIESE, with unanimous consent, the name of Senator GIESE was removed as a co-sponsor of S. 200.
The following were introduced:
S. 1270 (Word version) -- Senator Wilson: A SENATE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA JAYCEES TO USE THE CHAMBER OF THE SENATE ON SATURDAY, AUGUST 5, 2000, TO CONDUCT ITS MODEL LEGISLATURE.
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The Senate Resolution was introduced and referred to the Committee on Invitations.
S. 1271 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO EXTEND ELIGIBILITY TO SOIL AND WATER CONSERVATION DISTRICTS.
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Read the first time and referred to the Committee on Finance.
S. 1272 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTION 16-3-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT THE OFFENSE PERTAINS TO ANY PERSON WHO COMMITS ABUSE AND NEGLECT WHICH RESULTS IN THE DEATH OF A CHILD; AND BY ADDING SECTION 16-3-95, SO AS TO PROVIDE FOR THE OFFENSE OF INFLICTING GREAT BODILY INJURY UPON A CHILD AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THE OFFENSE; AND TO AMEND SECTION 16-1-60, SO AS TO PROVIDE THAT THE OFFENSES OF INFLICTING GREAT BODILY INJURY UPON A CHILD AND ALLOWING GREAT BODILY INJURY TO BE INFLICTED UPON A CHILD ARE ADDED TO THE LIST OF VIOLENT CRIMES.
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Read the first time and ordered placed on the Calendar without reference.
S. 1273 (Word version) -- Senator Washington: A SENATE RESOLUTION TO COMMEND AND THANK MR. WILLIAM PINDER, JR. OF CHARLESTON FOR HIS OUTSTANDING CAREER CONTRIBUTIONS TO HEALTH CARE AND COMMUNITY SERVICE IN THE PALMETTO STATE ON THE OCCASION OF HIS RETIREMENT, AND TO WISH HIM AND HIS FAMILY THE BEST IN HEALTH AND HAPPINESS IN THE YEARS TO COME.
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The Senate Resolution was adopted.
Senator MOORE from the Committee on Judiciary submitted a favorable with amendment report on:
S. 300 (Word version) -- Senator Hutto: A BILL TO REPEAL SECTION 23-7-70 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNITY FROM LIABILITY OF OTHERS FOR ACTS OF SPECIAL STATE CONSTABLES APPOINTED UPON RECOMMENDATION OF THE UNITED STATES ATOMIC ENERGY COMMISSION.
Ordered for consideration tomorrow.
Senator McCONNELL from the Committee on Judiciary submitted a favorable report on:
S. 578 (Word version) -- Senators Mescher and Grooms: A BILL TO AMEND SECTION 7-13-40, RELATING TO FILING FEES FOR PARTY PRIMARIES, SO AS TO PROVIDE THAT THE COUNTY POLITICAL PARTY MAY RETAIN TEN PERCENT OF THE FILING FEES PAID BY CANDIDATES.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a favorable report on:
S. 1012 (Word version) -- Senators J. Verne Smith, Fair and Anderson: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TEMPORARY PERMITS TO SELL ALCOHOLIC LIQUORS, AFTER A FAVORABLE REFERENDUM, SO AS TO INCREASE FROM TWENTY-FIVE HUNDRED TO TEN THOUSAND THE MAXIMUM NUMBER OF SIGNATURES REQUIRED TO INITIATE THE REFERENDUM, TO DELETE THE REQUIREMENT THAT THE LOCAL ELECTION COMMISSION CONDUCT THE REFERENDUM WITHIN THIRTY NOR MORE THAN FORTY DAYS AFTER RECEIVING THE PETITION, TO REQUIRE THE PETITION FORM PROVIDED TO COUNTY OFFICIALS BE USED, TO REQUIRE THE ELECTION COMMISSION TO CERTIFY THE NAMES ON THE PETITION WITHIN THIRTY DAYS FROM ITS RECEIPT, AND TO REQUIRE THE REFERENDUM TO BE CONDUCTED AT THE NEXT GENERAL ELECTION.
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 1031 (Word version) -- Senators Leatherman, Ryberg, Fair, McConnell, Grooms, Mescher, Giese, Peeler, Courtney, Branton, Ravenel, Russell, Alexander, Thomas, Martin, Wilson, Waldrep, Courson and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-205 SO AS TO REQUIRE COMPUTERS IN PUBLIC LIBRARIES, PUBLIC SCHOOL LIBRARIES, AND PUBLIC INSTITUTIONS OF HIGHER LEARNING LIBRARIES WHICH CAN ACCESS THE INTERNET AND ARE AVAILABLE FOR USE BY THE PUBLIC OR STUDENTS TO BE EQUIPPED WITH SCREENING SOFTWARE TO ELIMINATE OR REDUCE THE ACCESSIBILITY OF PORNOGRAPHIC SITES.
Ordered for consideration tomorrow.
Senator McCONNELL from the Committee on Judiciary submitted a favorable with amendment report on:
S. 1043 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 61-6-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROXIMITY REQUIREMENTS FOR ESTABLISHMENTS AND PLACES OF BUSINESS WITH LIQUOR LICENSES, SO AS TO AUTHORIZE A CHURCH TO WAIVE THE DISTANCE REQUIREMENT.
Ordered for consideration tomorrow.
Senator MOORE from the Committee on Judiciary submitted a favorable with amendment report on:
S. 1047 (Word version) -- Senators Holland, Moore, Rankin, Ryberg and Hutto: A BILL TO AMEND SECTION 20-7-5915, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSES AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION'S DEPARTMENT OF CHILD FATALITIES, SO AS TO GIVE THE DEPARTMENT THE AUTHORITY TO CLOSE A CHILD-FATALITY CASE IF A LAW ENFORCEMENT AGENCY AND CORONER DETERMINE AFTER AN INVESTIGATION THAT THE CAUSE OF DEATH IS FROM NATURAL CAUSES, AND TO MAKE OTHER REVISIONS TO THE SECTION; TO AMEND SECTION 20-7-5920, RELATING TO THE PURPOSES AND DUTIES OF THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO GIVE THE COMMITTEE THE DUTY TO PROMOTE AND ENCOURAGE THE DEVELOPMENT OF LOCAL CHILDREN'S HEALTH AND SAFETY COUNCILS; TO AMEND SECTION 20-7-5950, RELATING TO THE CONFIDENTIALITY OF MEETINGS OF THE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO PROVIDE FOR THE CONFIDENTIALITY OF MEETINGS OF THE LOCAL COUNCILS; AND TO AMEND SECTION 20-7-5960, RELATING TO THE CONFIDENTIALITY OF INFORMATION AND RECORDS OF THE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO PROVIDE FOR THE CONFIDENTIALITY OF INFORMATION AND RECORDS OF THE LOCAL COUNCILS.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:
S. 1084 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 60-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY, SO AS TO PROVIDE THAT A REPRESENTATIVE OF THE UNIVERSITY SOUTH CAROLINIANA SOCIETY SHALL SERVE AS A NON-EX OFFICIO MEMBER OF THE COMMISSION.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
S. 1113 (Word version) -- Senators Setzler, Land, Passailaigue, Rankin, Reese, Moore, Short, O'Dell, McGill, Saleeby, Peeler, Giese, Courson and Martin: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 20 TO ENACT THE OPTIONAL RETIREMENT PROGRAM FOR TEACHERS AND SCHOOL ADMINISTRATORS AND PROVIDE FOR ITS OPERATION.
Ordered for consideration tomorrow.
Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable with amendment report on:
S. 1129 (Word version) -- Senators Leventis, Hutto, Courson, Waldrep, Moore, Hayes, Ravenel, Bryan, McConnell, Grooms, Richardson, Passailaigue and Matthews: A BILL TO ENACT THE "ATLANTIC INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT IMPLEMENTATION ACT" INCLUDING PROVISIONS TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46, SO AS TO PROVIDE A STATUTORY BASIS FOR SOUTH CAROLINA'S MEMBERSHIP IN THE ATLANTIC LOW-LEVEL RADIOACTIVE WASTE COMPACT; TO SPECIFY CONDITIONS PRECEDENT TO SOUTH CAROLINA'S MEMBERSHIP; TO AUTHORIZE AND DIRECT PROCEDURES AND POLICIES NECESSARY TO ACHIEVE STATE OBJECTIVES WITH RESPECT TO THE COMPACT, INCLUDING STATE APPROVAL OF DISPOSAL RATES AND PROCEDURES FOR IDENTIFYING ALLOWABLE OPERATING COSTS SO AS TO DETERMINE REVENUES DUE TO THE STATE FOR LOW-LEVEL RADIOACTIVE WASTE DISPOSAL; TO PROVIDE DIRECTIVES FOR APPOINTING THE STATE'S COMMISSIONERS TO THE COMPACT COMMISSION AND GUIDING THE COMMISSIONERS ON STATE POLICIES; AND TO INCORPORATE BY REFERENCE THE NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT; TO AMEND SECTION 13-7-30, AS AMENDED, RELATING TO VARIOUS DUTIES OF THE BUDGET AND CONTROL BOARD INCLUDING DUTIES PERTAINING TO ASSESSMENTS, SURCHARGES, AND PENALTY CHARGES ON NONSITED WASTE RECEIVED AT THE REGIONAL DISPOSAL FACILITY SO AS TO DELETE THESE PROVISIONS; TO PROVIDE FOR INTERIM DISPOSAL RATES OF LOW-LEVEL RADIOACTIVE WASTE DISPOSED AT ANY REGIONAL FACILITY IN THIS STATE; AND TO REPEAL CHAPTER 48, TITLE 48 RELATING TO THE MANAGEMENT AND DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:
S. 1184 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 5-15-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL ELECTIONS CONDUCTED BY MUNICIPAL ELECTION COMMISSIONS, SO AS TO PROVIDE THAT THE CHAIRMAN OF EACH COMMISSION MUST BE TRAINED AND CERTIFIED BY THE STATE ELECTION COMMISSION, AND TO FURTHER PROVIDE THAT THE OTHER COMMISSIONERS AND THEIR STAFFS MAY ALSO BE TRAINED AND CERTIFIED IF REQUIRED BY THE COUNTY GOVERNING BODY.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:
S. 1195 (Word version) -- Senators Land and Hayes: A BILL TO AMEND SECTION 2-66-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JEAN LANEY HARRIS FOLK HERITAGE AWARD, SO AS TO REMOVE THE PROHIBTION AGAINST THE USE OF STATE FUNDS FOR EXPENSES INCURRED OR ASSOCIATED WITH PRESENTING THE AWARD.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
S. 1204 (Word version) -- Senator Drummond and Leventis: 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.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out S. 1231 favorable:
S. 1231 (Word version) -- Senators Alexander and Drummond: A CONCURRENT RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE AND SENATE CHAMBERS ON THURSDAY, OCTOBER 26, AND FRIDAY, OCTOBER 27, 2000, AND THE USE OF AVAILABLE MEETING SPACE IN THE BLATT OFFICE BUILDING ON WEDNESDAY, OCTOBER 25, 2000, FOR THE ORGANIZATION'S ANNUAL MEETING, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERKS OF THE RESPECTIVE BODIES.
AYES
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Washington Reese
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out S. 1247 favorable:
S. 1247 (Word version) -- Senator Saleeby: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 24, 2000, AS THE TIME FOR ELECTING SUCCESSORS TO THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEATS 2 AND 4, WHOSE CURRENT TERMS EXPIRE AUGUST 31, 2000.
AYES
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Washington Reese
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:
H. 3393 (Word version) -- Reps. Law, H. Brown and Young-Brickell: A BILL TO AMEND CHAPTER 23, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT AND MOTOR TITLING, BY ADDING SECTION 50-23-295 SO AS TO PROVIDE THAT A CERTIFICATE OF TITLE TO WATERCRAFT MAY NOT BE TRANSFERRED IF THE DEPARTMENT OF NATURAL RESOURCES HAS NOTICE THAT PROPERTY TAXES ARE OWED ON THE WATERCRAFT OR OUTBOARD MOTOR.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a favorable report on:
H. 3465 (Word version) -- Reps. Easterday, Wilder, Stuart, Rice, Gilham, Hayes, Simrill, Harrison, Rodgers, Barrett, R. Smith, Vaughn, Loftis, Beck, Robinson, McGee and Sandifer: A BILL TO AMEND SECTION 20-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM AGE FOR A VALID MARRIAGE, SO AS TO PROVIDE THAT THE MINIMUM AGE FOR MALES AND FEMALES SHALL BE THE SAME, AND TO PROVIDE THAT THE AGE SHALL BE SIXTEEN.
Ordered for consideration tomorrow.
Senator MOORE from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3555 (Word version) -- Reps. Allison and Rodgers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-95 SO AS TO MAKE IT UNLAWFUL AND A FELONY TO INFLICT OR TO KNOWINGLY ALLOW A PERSON TO INFLICT GREAT BODILY HARM UPON A CHILD AND TO PROVIDE PENALTIES.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 4768 favorable:
H. 4768 (Word version) -- Rep. McGee: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND SENATE ON FRIDAY, JUNE 16, 2000.
AYES
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Washington Reese
Ordered for consideration tomorrow.
Columbia, S.C., March 22, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 226 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THE AREA SEEKING TO BE INCORPORATED TO BE CONTIGUOUS, AND PROVIDE THAT CONTIGUITY IS NOT DESTROYED BY AN INTERVENING NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND WHETHER OR NOT IT HAS BEEN PREVIOUSLY INCORPORATED OR ANNEXED, AND PROVIDE THAT THE NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND DOES NOT PRECLUDE IT FROM BEING USED BY ANOTHER MUNICIPALITY TO ESTABLISH CONTIGUITY FOR PURPOSES OF AN INCORPORATION OR ANNEXATION PROVIDED THE DISTANCE FROM HIGHLAND TO HIGHLAND OF THE AREA
BEING INCORPORATED OR ANNEXED IS NOT GREATER THAN ONE MILE.
asks for a Committee of Conference, and has appointed Reps. Campsen, J. Smith and Easterday to the Committee of Conference on the part of the House.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., February 2, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the following appointment:
Initial Appointment, State Ethics Commission, with term to commence June 30, 2000, and expiring June 20, 2005:
At-Large:
Mr. Flynn Thomas Harrell, 3605 Old Lamplighters Road, Columbia, SC 29206-3421 VICE Richard Kent Porth
Very respectfully,
Speaker of the House
Received as information.
S. 567 (Word version) -- Senators Land, Anderson, Courson, Elliott, Ford, Glover, Hutto, Jackson, Matthews, McGill, Moore, O'Dell, Passailaigue, Rankin, Reese, Saleeby, Setzler, Short, Washington, Wilson, Patterson, Branton, Courtney, Holland, Russell, Peeler, Grooms and Bauer: A BILL TO AMEND SECTIONS 9-1-1510 AND 9-1-1550, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, 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, 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 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 THE PAYMENT OF AMOUNTS UP TO ONE PERCENT CALCULATED UNDER THE ADJUSTMENT FORMULA, AND TO DELETE OBSOLETE PROVISIONS, AND TO CONFORM IN BOTH SECTIONS REFERENCES TO THE CONSUMER PRICE INDEX USED IN CALCULATING THE COST OF LIVING ADJUSTMENT; AND TO AMEND SECTION 9-1-1220, AS AMENDED, RELATING TO EMPLOYER CONTRIBUTIONS TO THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE THE EMPLOYER CONTRIBUTION RATE BY ONE AND ONE-HALF PERCENT.
Senator MOORE asked unanimous consent to make a motion that the Bill be made a Special Order.
Senator MARTIN objected.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 4716 (Word version) -- Reps. Altman, Campsen, Harrell and Limehouse: A BILL TO REQUIRE THE CHARLESTON COUNTY SCHOOL BOARD TO PROVIDE SUITABLE SPACE FOR VOTING PURPOSES, AT NO CHARGE, WHEN REQUESTED BY THE COUNTY OR STATE CHAIRMAN OF A CERTIFIED POLITICAL PARTY.
(By prior motion of Senator PASSAILAIGUE)
H. 4716 (Word version) -- Reps. Altman, Campsen, Harrell and Limehouse: A BILL TO REQUIRE THE CHARLESTON COUNTY SCHOOL BOARD TO PROVIDE SUITABLE SPACE FOR VOTING PURPOSES, AT NO CHARGE, WHEN REQUESTED BY THE COUNTY OR STATE CHAIRMAN OF A CERTIFIED POLITICAL PARTY.
Having voted on the prevailing side, Senator PASSAILAIGUE asked unanimous consent to make a motion to reconsider the vote whereby the Bill was given a third reading.
There was no objection.
Senator PASSAILAIGUE asked unanimous consent to give the Bill notice of general amendments.
There was no objection.
H. 4716 (Word version) -- Reps. Altman, Campsen, Harrell and Limehouse: A BILL TO REQUIRE THE CHARLESTON COUNTY SCHOOL BOARD TO PROVIDE SUITABLE SPACE FOR VOTING PURPOSES, AT NO CHARGE, WHEN REQUESTED BY THE COUNTY OR STATE CHAIRMAN OF A CERTIFIED POLITICAL PARTY.
Senator PASSAILAIGUE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senators PASSAILAIGUE, McCONNELL, WASHINGTON, MESCHER, FORD, RAVENEL, BRANTON and GROOMS proposed the following amendment (4716R001.ELP), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION at the end to read:
/ SECTION ____. Section 10 of Act 340 of 1967, as last amended by Act 1602 of 1972, is further amended to read:
"Section 10. The Board of Trustees of the Charleston School District shall prepare and submit to the Charleston County Legislative Delegation Council, as information, on or before the fifteenth day of August of each year beginning in 1968 a proposed budget for the ensuing school year. In order to obtain funds for school purposes the board is authorized to impose an annual tax levy, commencing in 1968, not to exceed ninety mills, exclusive of any millage imposed for bond debt service. In the event the board determines that the annual tax levy should exceed ninety mills, the board shall hold a public hearing on the question at least two weeks prior to submitting such the request to the legislative delegation county council. Notice of such the public hearing shall must be advertised in a newspaper of general circulation in the county, and shall must state the date, time, and place of the hearing as well as a clearly worded statement of the requested annual tax levy. Upon certification by the board to the county auditor of the tax levy to be imposed the auditor shall levy and the county treasurer shall collect the millage so certified upon all taxable property in the district. A tax levy for any year exceeding ninety mills must be approved by county council by ordinance." /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was amended, read the third time and ordered returned to the House with amendments.
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 4139 (Word version) -- Reps. Barrett and Townsend: A BILL TO AMEND SECTION 56-1-2100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COMMERCIAL DRIVER LICENSE, SO AS TO ESTABLISH AN "S" ENDORSEMENT WHICH AUTHORIZES A PERSON TO DRIVE DEPARTMENT OF EDUCATION SCHOOL BUSES OR SCHOOL DISTRICT OWNED ACTIVITY BUSES.
H. 4340 (Word version) -- Reps. Breeland and Whipper: A BILL TO AMEND SECTION 56-3-8000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THESE LICENSE PLATES MAY ALSO BE ISSUED TO SOCIAL AND RECREATION CLUBS THAT HAVE OBTAINED CERTIFICATION PURSUANT TO SECTION 501(C)(7) OF THE FEDERAL INTERNAL REVENUE CODE.
Senator PATTERSON asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator WILSON proposed the following amendment (4340R002.AGW), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered new SECTIONS to read:
/ SECTION ____. The title of Article 22, Chapter 3, Title 56 of the 1976 Code, is amended to read:
Special License Plates; Members of Municipal and County Councils, County Coroners, Sheriffs, and Sheriff Office Vehicles"
SECTION _____. Section 56-3-2150 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read: "Section 56-3-2150. (A) The department may issue special motor vehicle license plates to members of municipal and county councils and to, county coroners, and sheriffs of this State for private passenger motor vehicles owned by them. The biennial fee for these special license plates is the same as the fee provided in Section 56-3-2020, and only one plate may be issued to a councilman, or coroner, and sheriff. The plate must be issued or revalidated biennially for the regular registration and licensing period.
(B) The department may issue a special motor vehicle license plate for a law enforcement vehicle utilized by a sheriff's office. The biennial fee for this special license plate is the same as the fee contained in Section 56-3-2020. The license plate must be used or revalidated biennially for the regular registration and licensing period. The sheriff's county numeric identification number must appear on each license plate along with a sequential number to identify each vehicle." /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was amended, read the third time and ordered returned to the House with amendments.
The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 338 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 7-7-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO ESTABLISH NEW PRECINCTS AND RENAME CERTAIN EXISTING PRECINCTS.
S. 1226 (Word version) -- Senators Patterson, Giese, Jackson and Courson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 20, 2000, MISSED BY THE STUDENTS OF A. C. FLORA HIGH SCHOOL OF RICHLAND COUNTY SCHOOL DISTRICT ONE FOR SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO A MALFUNCTION IN THE HEATING SYSTEM IS EXEMPTED 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.
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.
S. 1054 (Word version) -- Senators Grooms and Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-132, SO AS TO ESTABLISH A NO WAKE ZONE ON THAT PORTION OF LAKE MOULTRIE LYING WITHIN ONE HUNDRED FEET OF THE ENTRANCE TO AND INCLUDING THE CANAL ADJACENT TO JACK'S HOLE AT BONNEAU BEACH.
S. 1240 (Word version) -- Senators Fair and Bryan: A BILL TO AMEND SECTION 56-5-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITTED ACTS OF THE DRIVER OF AN AUTHORIZED EMERGENCY VEHICLE OPERATING THE VEHICLE AT CERTAIN TIMES, SO AS TO ALLOW THE DRIVER TO DISREGARD OTHER TRAFFIC REGULATIONS AS WELL AS SPEED LIMITS UNDER CERTAIN CONDITIONS.
S. 1208 (Word version) -- Senators O'Dell, J. Verne Smith, Land, Bryan, Patterson, Matthews, Waldrep, Anderson, Mescher, McConnell, Leventis, Peeler, Thomas, Drummond, Reese, Giese, Short, Branton, Hutto, Wilson, McGill, Elliott, Passailaigue, Ravenel, Martin, Richardson, Saleeby, Washington, Alexander, Moore, Setzler, Glover, Hayes and Bauer: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH BY ADDING CHAPTER 130, ENACTING THE SOUTH CAROLINA SENIORS' PRESCRIPTION DRUG PROGRAM ACT, SO AS TO ESTABLISH A PROGRAM ADMINISTERED BY THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO PROVIDE FINANCIAL ASSISTANCE IN PURCHASING PRESCRIPTION DRUGS TO RESIDENTS OF THIS STATE WHO HAVE ATTAINED AGE SIXTY-FIVE YEARS WHO ARE INELIGIBLE FOR MEDICAID OR ANY OTHER PRESCRIPTION DRUG BENEFITS AND WHOSE ANNUAL INCOME DOES NOT EXCEED TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL, TO DEFINE "PRESCRIPTION DRUG" FOR PURPOSES OF THE PROGRAM, AND TO REQUIRE SEMIANNUAL REPORTS TO THE GOVERNOR AND THE GENERAL ASSEMBLY FOR THE EVALUATION OF THE PROGRAM.
Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator O'DELL proposed the following amendment (1208R001.WHO), which was adopted:
Amend the bill, as and if amended, page 2, line 28, by adding before the word / utilization / the following:
/ prospective and retrospective /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
On motion of Senators RYBERG, COURSON, LEATHERMAN and GROOMS, with unanimous consent, the names of Senators RYBERG, COURSON, LEATHERMAN and GROOMS were added as co-sponsors of S. 1208.
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
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.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 3699 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR THE OPERATION OF STATE GOVERNMENT OF SURPLUS FISCAL YEAR 1998-99 GENERAL FUND REVENUES.
Senator THOMAS moved that the Bill be made a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Branton Bryan Courson Elliott Fair Ford Giese Gregory Grooms Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Richardson Russell Ryberg Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
Drummond Saleeby
The Bill was made a Special Order.
Senator SETZLER moved to dispense with the Motion Period.
Senator PASSAILAIGUE asked unanimous consent to make a motion to take up H. 3699 for immediate consideration.
Senator SETZLER made a Parliamentary Inquiry as to whether or not the Motion Period had been closed.
The PRESIDENT stated that the Motion Period had not come to a close.
On motion of Senator SETZLER, the Motion Period was closed.
Senator PASSAILAIGUE asked unanimous consent to renew the motion to take up H. 3699 for immediate consideration.
There was no objection.
H. 3699 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR THE OPERATION OF STATE GOVERNMENT OF SURPLUS FISCAL YEAR 1998-99 GENERAL FUND REVENUES.
The Senate proceeded to a consideration of the Joint Resolution. The question being the third reading of the Joint Resolution.
Senators McCONNELL and PASSAILAIGUE proposed the following Amendment No. 1 (3699R001.GFM), which was adopted:
Amend the resolution, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. The 1976 Code is amended by adding:
"Section 12-6-640. Monies appropriated to the Commissioners of Pilotage must be used as a grant to the maritime Association of the Port of Charleston for the purpose of supporting the establishment of a maritime exchange system to provide vessel information services and is not taxable income for purposes of this chapter." /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
Senators WILSON, GROOMS, MESCHER, RYBERG and SETZLER proposed the following Amendment No. P2-1 (3699R004.AJW), which was adopted:
Amend Amendment No. 2 by striking the amendment in its entirety and inserting the following:
Amend the joint resolution, as and if amended, in Section 1, page 1, by adding an appropriately numbered item and accompanying proviso immediately after line 37 to read:
/ ( ) Trust Fund for Tax Relief 28,614,848
( .1) The exemption amount of the homestead exemption allowed pursuant to Section 12-37-250 of the 1976 Code is raised from twenty to forty thousand dollars for property tax year 2000. The amount appropriated to the Trust Fund for Tax Relief must be used to reimburse counties, municipalities, school districts, and special purpose districts, as applicable, for this increased exemption amount in the manner provided in Section 12-37-270 of the 1976 Code. /
Renumber sections to conform.
Amend title to conform.
Senator WILSON explained the amendment.
Senator PASSAILAIGUE argued contra to the adoption of the amendment.
On motion of Senator MOORE, with unanimous consent, Amendment No. P2-1 was adopted.
Senators COURSON, MESCHER and RYBERG proposed the following Amendment No. 2 (3699R014.JEC), which was adopted:
Amend the resolution, as and if amended, in SECTION 1, page 1, by adding an appropriately numbered item and accompanying proviso immediately after line 37 to read:
/ ( ) Trust Fund for Tax Relief 28,614,848
( .1) The exemption amount of the homestead exemption allowed pursuant to Section 12-37-250 of the 1976 Code is raised from twenty to forty thousand dollars for property tax year 2000. The amount appropriated to the Trust Fund for Tax Relief must be used to reimburse local taxing entities for this increased exemption amount in the manner provided in Section 12-37-270 of the 1976 Code. /
Renumber sections to conform.
Amend title to conform.
Senator WILSON explained the amendment.
Senator MOORE moved that the amendment be adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Branton Bryan Courson Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Richardson Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
The amendment was adopted.
Senator FORD proposed the following Amendment No. 3 (3699R002.RF), which was ruled out of order:
Amend the resolution, as and if amended, by adding a new appropriately numbered SECTION to read:
/ SECTION _____. Section 53-5-10 of the 1976 Code is amended to read:
"Section 53-5-10. The first day of January - New Year's Day, the fifteenth day of January - Martin Luther King's birthday, the nineteenth day of January, the third Monday in February - George Washington's birthday/President's Day, the tenth day of May - Confederate Memorial Day, the last Monday of May - National Memorial Day, the third day of June, the fourth day of July - Independence Day, the first Monday in September - Labor Day, the eleventh day of November - Veterans Day, National Thanksgiving Day and the day after, and the twenty-fifth and twenty-sixth days of December in each year are legal holidays.
State employees may select, prior to the first day of January, in writing on a form provided by their employer, one of the following nonnational holidays: Martin Luther King's birthday, January 15; Robert E. Lee's birthday, January 19; Confederate Memorial Day, May 10; or Jefferson Davis' birthday, June 3, or, in the alternative, select a day of their choice.
All general election days are legal holidays in addition to the above.
The holiday schedules of public colleges and universities, including technical colleges, shall not be in violation of this section so long as the number of holidays provided for in this section are not exceeded." /
Renumber sections to conform.
Amend title to conform.
Senator FAIR raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Resolution.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senator ELLIOTT proposed the following Amendment No. 6 (SWB\5118HTC00), which was adopted:
Amend the joint resolution, as and if amended, in SECTION 1, page 1, by inserting an appropriately numbered item immediately after line 37 to read:
/( ) Department of Health and Human Services
Reimbursements Shortage to Rural
Health Clinics 1,200,000/
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
Senator DRUMMOND proposed the following Amendment No. 7 (SKB\18279HTC00), which was adopted:
Amend the joint resolution, as and if amended, in Section 1, page 1, lines 22 through 24, by striking item (1) and on lines 29 and 30, by striking item (3).
Renumber items to conform.
Amend title and totals to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
Senators PASSAILAIGUE and McCONNELL proposed the following Amendment No. 9 (3699R013.ELP), which was adopted:
Amend the resolution by striking all after the enacting words and inserting:
/ SECTION 1. (A) The following sums are appropriated from 1998-99 surplus general fund revenues for the purpose stated:
(1) Adjutant General-Emergency
Preparedness Division
FEMA Match for Hurricane Floyd $11,467,088
FEMA Match for Winter Storm 3,589,969
(2) Department of Health and Human Services
Medicaid (Deficit) 25,849,000
(3) Budget and Control Board
800 Mhz Communication System 3,000,000
(4) Department of Transportation
Emergency Evacuation
Message Boards and Advisory Radios 2,000,000
(5) Trust Fund for Tax Relief 37,520,531
TOTAL $83,426,588
(B) (7.1) The exemption amount of the homestead exemption allowed pursuant to Section 12-37-250 of the 1976 Code is raised from twenty to fifty thousand dollars for property tax year 2000 and thereafter, to be funded as provided herein. The amount appropriated to the Trust Fund for Tax Relief must be used to reimburse counties, municipalities, school districts, and special purpose districts, as applicable, for this increased exemption amount in the manner provided in Section 12-37-270 of the 1976 Code. For tax years after 2000, an amount sufficient to fund the exemption provided herein must be appropriated from the Tobacco Settlement Fund, before any reductions or withdrawals as may be provided by law, to the Trust Fund for Tax Relief and must be used to reimburse counties, municipalities, school districts, and special purpose districts, as applicable, for this increased exemption amount in the manner provided in Section 12-37-270 of the 1976 Code.
SECTION 2. Unexpended funds appropriated pursuant to this joint resolution may be carried forward to succeeding fiscal years and used for the same purposes.
SECTION 3. The 1976 Code is amended by adding:
"Section 12-6-640. Monies appropriated to the Commissioners of Pilotage must be used as a grant to the maritime Association of the Port of Charleston for the purpose of supporting the establishment of a maritime exchange system to provide vessel information services and is not taxable income for purposes of this chapter."
SECTION 4. This joint resolution takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator LEATHERMAN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Resolution.
Senators PASSAILAIGUE and LEATHERMAN spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator PASSAILAIGUE spoke on the amendment.
The amendment was adopted.
Senators RANKIN, LAND, WASHINGTON, McGILL, ELLIOTT and SALEEBY desired to be recorded as voting against the adoption of the amendment.
Senator O'DELL proposed the following Amendment No. 11 (3699R010.WHO), which was adopted:
Amend the resolution, as and if amended, page 2, by striking SECTION 3 and inserting in lieu thereof:
/ SECTION 3. Title 44 of the 1976 Code is amended by adding:
The South Carolina Seniors'
Prescription Drug Program Act
Section 44-130-10. This chapter may be cited as the 'South Carolina Seniors' Prescription Drug Program Act'.
Section 44-130-20. There is created within the Office of Insurance Service of the State Budget and Control Board the South Carolina Seniors' Prescription Drug Program. Beginning January 1, 2001, this program must provide financial assistance to senior citizens in purchasing prescription drugs who are ineligible for or do not have insurance coverage or other assistance through federal, state, or private programs for these purchases. Prescription drugs are defined as outpatient prescription drugs, including insulin syringes and insulin needles, and insulin. Only prescription drugs that have been approved as safe and effective by the United States Food and Drug Administration are covered under this program. Experimental drugs and over the counter pharmaceutical products are specifically not covered under this program.
The Office of Insurance Services shall maintain data to allow evaluation of the cost effectiveness of the program and submit semiannual reports to the Governor and General Assembly summarizing beneficiary demographics, utilization, provider dispensing experience, and any other information needed to evaluate the costs and benefits of the prescription drug program.
Section 44-130-30. This program must be administered by the State Budget and Control Board through its Office of Insurance Services. The office may designate or enter into contracts with other entities to assist in this administration. The program may include:
(1) co-payments and deductibles based on income;
(2) incentives for the use of generic drugs; and
(3) prospective and retrospective utilization review, clinical management, and other administrative techniques used in the management of the State Health Insurance Plan in order to reduce drug interactions, overutilizations, therapeutic duplications, or early refills.
When requested by the office, other state agencies shall provide assistance or information necessary in the administration of this program.
Section 44-130-40. A person eligible to participate for this program must:
(1) be a South Carolina resident who has attained the age of sixty-five years;
(2) have resided in South Carolina at least six consecutive months before participation in the program;
(3) be ineligible for Medicaid prescription benefits;
(4) not have any pharmacy benefits or coverage from any governmental or private insurance program providing such benefits;
(5) have an annual income that does not exceed two hundred percent of the federal poverty level.
Priority must be given to applicants without Medicare supplements or other third party benefits or coverage during the six months before application. If federal programs provide significant similar benefits to seniors eligible under this program, the office may reassess the program and provide similar or other pharmacy benefits to seniors if the program's costs remain substantially similar."
SECTION 4. SECTIONS 1 and 2 take effect upon approval by the Governor and SECTION 3 takes effect June 1, 2001. /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
The following amendment (3699R015.FC), as approved by the Clerk, reconciled the amendments adopted during the consideration of H. 3699:
Amend the resolution by striking all after the enacting words and inserting:
/ SECTION 1. (A) The following sums are appropriated from 1998-99 surplus general fund revenues for the purpose stated:
(1) Adjutant General-Emergency
Preparedness Division
FEMA Match for Hurricane Floyd $11,467,088
FEMA Match for Winter Storm 3,589,969
(2) Department of Health and Human Services
Medicaid (Deficit) 25,849,000
(3) Budget and Control Board
800 Mhz Communication System 3,000,000
(4) Department of Transportation
Emergency Evacuation
Message Boards and Advisory Radios 2,000,000
(5) Trust Fund for Tax Relief 37,520,531
(6) Department of Health and Human Services
Reimbursements Shortage to Rural
Health Clinics 1,200,000
TOTAL $84,626,588
(B) (7.1) The exemption amount of the homestead exemption allowed pursuant to Section 12-37-250 of the 1976 Code is raised from twenty to fifty thousand dollars for property tax year 2000 and thereafter, to be funded as provided herein. The amount appropriated to the Trust Fund for Tax Relief must be used to reimburse counties, municipalities, school districts, and special purpose districts, as applicable, for this increased exemption amount in the manner provided in Section 12-37-270 of the 1976 Code. For tax years after 2000, an amount sufficient to fund the exemption provided herein must be appropriated from the Tobacco Settlement Fund, before any reductions or withdrawals as may be provided by law, to the Trust Fund for Tax Relief and must be used to reimburse counties, municipalities, school districts, and special purpose districts, as applicable, for this increased exemption amount in the manner provided in Section 12-37-270 of the 1976 Code.
SECTION 2. Unexpended funds appropriated pursuant to this joint resolution may be carried forward to succeeding fiscal years and used for the same purposes.
SECTION 3. The 1976 Code is amended by adding:
"Section 12-6-640. Monies appropriated to the Commissioners of Pilotage must be used as a grant to the maritime Association of the Port of Charleston for the purpose of supporting the establishment of a maritime exchange system to provide vessel information services and is not taxable income for purposes of this chapter."
SECTION 4. Title 44 of the 1976 Code is amended by adding:
The South Carolina Seniors'
Prescription Drug Program Act
Section 44-130-10. This chapter may be cited as the 'South Carolina Seniors' Prescription Drug Program Act'.
Section 44-130-20. There is created within the Office of Insurance Service of the State Budget and Control Board the South Carolina Seniors' Prescription Drug Program. Beginning January 1, 2001, this program must provide financial assistance to senior citizens in purchasing prescription drugs who are ineligible for or do not have insurance coverage or other assistance through federal, state, or private programs for these purchases. Prescription drugs are defined as outpatient prescription drugs, including insulin syringes and insulin needles, and insulin. Only prescription drugs that have been approved as safe and effective by the United States Food and Drug Administration are covered under this program. Experimental drugs and over the counter pharmaceutical products are specifically not covered under this program.
The Office of Insurance Services shall maintain data to allow evaluation of the cost effectiveness of the program and submit semiannual reports to the Governor and General Assembly summarizing beneficiary demographics, utilization, provider dispensing experience, and any other information needed to evaluate the costs and benefits of the prescription drug program.
Section 44-130-30. This program must be administered by the State Budget and Control Board through its Office of Insurance Services. The office may designate or enter into contracts with other entities to assist in this administration. The program may include:
(1) co-payments and deductibles based on income;
(2) incentives for the use of generic drugs; and
(3) prospective and retrospective utilization review, clinical management, and other administrative techniques used in the management of the State Health Insurance Plan in order to reduce drug interactions, overutilizations, therapeutic duplications, or early refills.
When requested by the office, other state agencies shall provide assistance or information necessary in the administration of this program.
Section 44-130-40. A person eligible to participate for this program must:
(1) be a South Carolina resident who has attained the age of sixty-five years;
(2) have resided in South Carolina at least six consecutive months before participation in the program;
(3) be ineligible for Medicaid prescription benefits;
(4) not have any pharmacy benefits or coverage from any governmental or private insurance program providing such benefits;
(5) have an annual income that does not exceed two hundred percent of the federal poverty level.
Priority must be given to applicants without Medicare supplements or other third party benefits or coverage during the six months before application. If federal programs provide significant similar benefits to seniors eligible under this program, the office may reassess the program and provide similar or other pharmacy benefits to seniors if the program's costs remain substantially similar."
SECTION 5. SECTIONS 1 through 3 take effect upon approval by the Governor and SECTION 4 takes effect June 1, 2001. /
Renumber sections to conform.
Amend title to conform.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
On motion of Senator HOLLAND, the following appointments were confirmed in open session:
Confirmations
Having received a favorable report from the Committee on Judiciary, the following appointments were confirmed in open session:
Reappointment, Director, Department of Public Safety, with term to commence February 1, 2000, and to expire February 1, 2004:
B. Boykin Rose, 19 Church Street, Charleston, S.C. 29401
Reappointment, Director of the South Carolina Law Enforcement Division, with term to commence February 1, 2000, and to expire February 1, 2006:
Robert McIver Stewart, 2064 Watermark Place, Columbia, S.C. 29210
Initial Appointment, South Carolina State Ethics Commission, with term to commence June 30, 2000, and to expire June 30, 2005:
At-Large:
Flynn Thomas Harrell, 3605 Old Lamplighters Road, Columbia, S.C. 29206 VICE Richard Kent Porth
Having received a favorable report from the Committee on Medical Affairs, the following appointment was confirmed in open session:
Initial Appointment, South Carolina Mental Health Commission, with term to commence March 21, 1999, and to expire March 21, 2004:
At-Large:
Anna Dozier-Kelly, 881 McDonald Rd., Georgetown, S.C. 29440 VICE James E. Whitford
On motion of Senator ALEXANDER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Margaret Linley Bailes of Walhalla, S.C.
At 1:33 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
This web page was last updated on Friday, June 26, 2009 at 9:36 A.M.