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:
Beloved, hear the words of Psalm 4:5:
"Offer the appointed sacrifices and put your trust in the Lord.
Many are saying, 'Oh, that we might see better times!'
Lift up the light of Your countenance upon us, O Lord!"
Let us pray.
O God, the God of the nations and of the generations, we pause in our feverish efforts to meet the problems of our day, to give thanks for the memory of our Confederate forebears who followed their consciences, and the light that was given them in their day.
We bear in our hearts the words inscribed on granite, in the shadow of the dome, for generations to read, and pray for Carolinians in our day like those --
"Whom power could not corrupt,
Whom death could not terrify,
Whom defeat could not dishonor...
Teaching all who may claim the same birthright
That truth, courage and patriotism endure forever."
In the Name of the Prince of Peace!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
At 10:05 A.M., Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator LEATHERMAN moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson 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
A quorum being present, the Senate resumed.
The following appointments were transmitted by the Honorable James H. Hodges:
Reappointment, South Carolina Commission for the Blind, with term to commence May 19, 2000, and to expire May 19, 2004:
3rd Congressional District:
Jaqueline Faye Brown, Route 1, Box 62, Plum Branch, S.C. 29845
Referred to the General Committee.
Initial Appointment, South Carolina State Commission on Higher Education, with term to commence July 1, 2000, and to expire July 1, 2004:
At-Large - Chairman:
Dalton B. Floyd, P.O. Box 16407, Surfside Beach, S.C. 29587 VICE R. Austin Gilbert, Jr.
Referred to the Committee on Education.
Reappointment, South Carolina State Commission on Higher Education, with term to commence July 1, 2000, and to expire July 1, 2004:
At-Large:
V. Dianne Chinnes, Junior Achievement of Central SC, Inc., P.O. Box 532, Columbia, S.C. 29202
Referred to the Committee on Education.
Initial Appointment, Scenic Highways Committee, with term to commence July 14, 2000, and to expire July 14, 2002:
Tourism:
I. Mayo Read, 1823 Tacky Point Road, Wadmalaw Island, S.C. 29487 VICE Martha R. Dusenbury
Referred to the Committee on Transportation.
Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 1997, and to expire June 30, 2001:
5th Congressional District:
Carroll P. Huffman, P.O. Box 1065, Lancaster, S.C. 29721 VICE John Wilie David
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence April 30, 1999, and to expire April 30, 2003:
At-Large:
Marian D. Nettles, P.O. Box 699, Lake City, S.C. 29560 VICE Karen A. Walton
Referred to the Committee on Judiciary.
Reappointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 2000, and to expire July 1, 2004:
4th Congressional District:
Joab M. Lesesne, Wofford College, 429 North Church Street, Spartanburg, S.C. 29303-3663
Referred to the Committee on Fish, Game and Forestry.
At 11:00 A.M., the leave of absence granted to Senator O'DELL for the balance of the week was rescinded.
At 1:00 P.M., Senator RYBERG requested a leave of absence beginning at 7:00 P.M. and lasting until 2:30 A.M.
At 1:00 P.M., Senator HAYES requested a leave of absence from 3:15 - 11:30 P.M.
At 1:00 P.M., Senator COURSON requested a leave of absence until 3:00 P.M.
At 2:20 P.M., Senator RAVENEL requested a leave of absence beginning at 5:00 P.M. and lasting until 10:00 A.M. Thursday.
Senator MARTIN rose for an Expression of Personal Interest.
Senator COURSON rose for an Expression of Personal Interest.
Senator FORD rose for an Expression of Personal Interest.
I spoke with one of our leaders, Senator DRUMMOND, about having a one hour memorial service for Confederate Memorial holiday. The reason I asked him to do that is because, when I was in college in the 60's at Grambling, I didn't know much about African American History except what I was taught from my parents and in Sunday School.
I think some of you may be old enough to remember during that era, we started demanding dormitories named after African Americans who played a significant role in our State, (Louisiana), and everyone across the country was doing the same. We did not know our history and we wanted to feel what history should mean to people who were denied all of their rights in this country since 1619.
Later in life, I learned to respect what everyone's culture and heritage meant to them because Dr. King stood for and insisted on that principle. We have to understand the Confederate Memorial/Soldiers' Monument was there since 1905 and no one said anything about it, or did anything about it. In other words, the soldier was accepted standing there with his gun since 1905, and everyone basically ignored it. Every time we've held programs in Columbia, the programs were on the Confederate monument side of the capital. At the major civil rights demonstrations that we had, the Confederate soldier was looking down on those demonstrations and no one cared.
Now in this State, we have people trying to turn us against each other as human beings, as Christians, and as religious people. This Senate should not allow that; we should not allow this State to succumb to hatred. I read some articles in the newspaper this weekend and it was very disturbing. A young man that I had a lot of respect for, a good friend of Senator PATTERSON's was saying that he was going to do a lot of things against the Confederate flag, against the Confederate soldier, and every monument on the ground. For him as a leader to say that, he has to understand that in this State, you still have people that still respect leadership.
Leadership has to demand accountability because leadership has to set examples. African Americans will never fall in love with what the Confederate flag stands for; we're not going to do that. Whites in this State will not fall in love with everything African Americans stand for and our history. No one expects that, but since we have to live together, and unless someone comes up with another formula saying that Blacks and Whites are not going to live together in this state. I think common sense would tell us we've got to try and live together harmoniously in this State. Since we're going to live together, why can't we live together as civilized human beings? Just learn to respect some things about each other. When the Chaplain prays on a daily basis, he always mentions coming together as one people and being understanding of people. It doesn't make any sense for someone to vandalize something someone loves and respects. I would never do that.
In the 60's, when I was involved in the Civil Rights movement, the approach I decided to use was not the NAACP approach, not the Congress of Racial Equality approach, not the Student Nonviolent Coordinator Committee approach, not the Black Panther approach. Instead, I decided to use what Dr. King was talking about -- The Southern Christian Leadership Conference approach. The reason I chose that approach was because as a young kid growing up in New Orleans, I attended Sunday School nine years without missing a Sunday. I believe that for those of us who call ourselves religious people, we have to practice love. I'm really opposed to what happened to that Soldiers' monument last night, especially leading to this day, a day that this Senate approved on four different occasions the Bill I presented by a vote of forty-six to nothing to have this day and the birthday for Dr. King. Why? Because we want to bring our State together. We've got to demand our own people learn to respect each other. If we can't learn to love each other, we've got to learn to respect each other. What that means is, the symbols that the Confederates like; the symbols that African Americans like, we have to respect those citizens as Black and White citizens.
In closing, I would like to say once more the words of Dr. King, "One day the sons of former slave owners will live together as brothers in this Southland" and I think we should keep that in mind. We might be different. I'm a son of a former slave. We've got to live together as brothers, and the kind of love this Senate shows for each other is the kind of love the citizens of South Carolina should show for each other.
On motion of Senator McCONNELL, with unanimous consent, ordered printed in the Journal.
Senator BRANTON rose for an Expression of Personal Interest.
Senator RAVENEL rose for an Expression of Personal Interest.
Senator MARTIN rose for an Expression of Personal Interest.
Senator BRYAN rose for an Expression of Personal Interest.
S. 1375 (Word version) -- Senators Bauer, J. Verne Smith and O'Dell: A CONCURRENT RESOLUTION HONORING DANIELLE DAVIS OF GREER, THE REIGNING "MISS SOUTH CAROLINA", AND RECOGNIZING HER CONTRIBUTION TO THE STATE AS A GOODWILL AMBASSADOR AND ROLE MODEL AND TO REQUEST THAT TWO SIGNS BE PLACED AT THE CITY LIMITS OF GREER HONORING MISS DAVIS.
Senator BAUER asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
Senator BAUER asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
Senator BAUER asked unanimous consent to adopt the Resolution.
There was no objection.
The Resolution was recalled, adopted and ordered sent to the House.
The following were introduced:
S. 1378 (Word version) -- Senators Mescher and Grooms: A CONCURRENT RESOLUTION CONGRATULATING MONCKS CORNER NATIVE BILL BONDS ON HIS SELECTION AS NATIONAL FOOTBALL COACH OF THE YEAR AND RECOGNIZING HIS UNFAILING DEVOTION TO HIS SCHOOL, STUDENTS, AND FAMILY.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1379 (Word version) -- Senators Peeler, Wilson and Martin: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 24, 2000, IMMEDIATELY FOLLOWING THE ELECTION OF A MEMBER OF THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES TO ELECT A SUCCESSOR TO THE MEMBER OF THE LEGISLATIVE AUDIT COUNCIL WHOSE TERM EXPIRED MAY 9, 1999.
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The Concurrent Resolution was introduced and referred to the Committee on Invitations.
S. 1380 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 14-7-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS TO BE EXCUSED FROM JURY DUTY, SO AS TO PROVIDE THAT A PERSON MUST BE EXCUSED FROM JURY DUTY IF THE PERSON PERFORMS SUCH ESSENTIAL SERVICES TO A BUSINESS, COMMERCIAL, OR AGRICULTURAL ENTERPRISE THAT THE PERSON'S ABSENCE WOULD CAUSE THE ENTERPRISE TO CLOSE OR CEASE TO FUNCTION.
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Read the first time and referred to the Committee on Judiciary.
S. 1381 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 SO AS TO PLACE THE STATE ATHLETIC COMMISSION UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS AND COMMISSIONS UNDER THE ADMINISTRATION OF THE DEPARTMENT AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF VARIOUS ATHLETES AND ATHLETIC EVENTS; AND TO REPEAL CHAPTER 7, TITLE 52, RELATING TO THE STATE ATHLETIC COMMISSION AND TO COUNTY ATHLETIC COMMISSIONS.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1382 (Word version) -- Senator Ryberg: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN AIKEN COUNTY AND WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER THAT IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS ELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER IN SPITE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
H. 4892 (Word version) -- Reps. Wilkins, McMahand and F. Smith: A BILL TO AMEND ACT 602 OF 1992, RELATING TO THE MANNER IN WHICH THE ANNUAL BUDGET AND TAX MILLAGE FOR THE SCHOOL DISTRICT OF GREENVILLE COUNTY MUST BE DETERMINED, SO AS TO PROVIDE THAT THE BOARD MAY ALSO RAISE THE SCHOOL MILLAGE AS NECESSARY, BUT AT A RATE NOT TO EXCEED FOUR MILLS IN ANY ONE YEAR, TO MAINTAIN A TEACHER SALARY SCHEDULE EQUAL TO THE SALARY SCHEDULE OF ANY OTHER SCHOOL DISTRICT IN THIS STATE.
Senator FAIR raised a Point of Order under Rule 47 that the Bill would require an affirmative vote of two-thirds of the membership of the Senate to be received by the Senate after May first.
Senators THOMAS, J. VERNE SMITH and BRYAN spoke on the Point of Order.
Senator BRYAN moved that the Bill be referred to the Greenville County Delegation.
Read the first time and referred to the Greenville County Delegation.
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.
Read the first time and ordered placed on the Calendar without reference.
On motion of Senator WILSON, H. 5027 was ordered to receive a second and third reading on the next two consecutive legislative days.
Senator MOORE from the Committee on Medical Affairs submitted a favorable report on:
S. 1374 (Word version) -- Senator Moore: 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 CODE OF LAWS OF SOUTH CAROLINA, 1976.
Ordered for consideration tomorrow.
Columbia, S.C., May 9, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that the Report of the Committee of Free 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:
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.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 9, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4336 (Word version) -- Reps. Harrell, Wilkins, Allison, Altman, Barfield, Barrett, Beck, H. Brown, Campsen, Cato, Chellis, Cooper, Dantzler, Easterday, Edge, Gamble, Gilham, Hamilton, Harrison, Haskins, Hinson, Kelley, Kirsh, Klauber, Knotts, Law, Leach, Limehouse, Littlejohn, Loftis, Martin, McKay, Perry, Quinn, Rice, Riser, Robinson, Rodgers, Sandifer, Sharpe, Simrill, D. Smith, R. Smith, Townsend, Tripp, Vaughn, Walker, Whatley, Witherspoon, Woodrum, Young-Brickell, Fleming, McGee and Meacham-Richardson: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO FURTHER PROVIDE FOR THE ORGANIZATION, OPERATION, AND GOVERNANCE OF CHARTER SCHOOLS.
asks for a Committee of Conference, and has appointed Reps. Townsend, Walker and Gilham to the committee on the part of the House.
Very respectfully,
Speaker of the House
Received as information.
Whereupon, the PRESIDENT Pro Tempore appointed Senators MATTHEWS, SHORT and MESCHER to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 9, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Joint Resolution Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
H. 4703 (Word version) -- Reps. Sharpe and Witherspoon: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-100, RELATING TO WILDLIFE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO INTENTIONALLY TAKE WILDLIFE INSIDE AN ENCLOSURE WHICH PREVENTS OR MATERIALLY IMPEDES THE FREE RANGE OF WILDLIFE; TO PROVIDE AN EXCEPTION FOR ENCLOSURES REGISTERED WITH THE DEPARTMENT OF NATURAL RESOURCES WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION; AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Senator RAVENEL raised a Point of Order under Rule 47 that the Bill would require an affirmative vote of two-thirds of the membership of the Senate to be received by the Senate after May first.
Senators RAVENEL, PEELER and HOLLAND spoke on the Bill.
Senator GROOMS asked unanimous consent to make a motion that Senator RAVENEL be granted leave to raise the Point of Order tomorrow.
Senator RICHARDSON objected.
The PRESIDENT stated that the Point of Order raised by Senator RAVENEL came too late.
Senator MARTIN objected to further consideration of the Bill.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
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.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator BRANTON proposed the following amendment (4994R001.WSB), which was adopted:
Amend the bill, as and if amended, page 1, line 42, by striking line 42 and inserting in lieu thereof:
/ appointment of the county legislative delegation made by a decision of a majority of the members of the House of Representatives and a majority of the members of the Senate, including the resident Senator representing the district, and shall serve until the next /
Amend the bill further, as and if amended, page 2, by striking lines 31-33 and inserting:
/ eighty days or less before the general election, the members of the legislative delegation it shall be filled by an election of a majority of the members of the House of Representatives and a majority of the members of the Senate, including the resident Senator, representing the district shall fill the vacancy. All persons desiring to qualify as candidates and be /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator BRANTON, H. 4994 was ordered to receive a third reading on Thursday, May 11, 2000.
THE SENATE PROCEEDED TO A CONSIDERATION OF H. 4775, THE GENERAL APPROPRIATION BILL.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator SETZLER proposed the following Amendment No. 155 (SBD\010.DOC), which was adopted (#31):
Amend the bill, as and if amended, Part IA, Section 5E, University of Charleston, page 57, after line 17
COLUMN 7 COLUMN 8
"Administrative Assistant" (1.00)
Amend the bill further as and if amended, Part IA, Section 5E, University of Charleston, page 58, after line 11
COLUMN 7 COLUMN 8
"Athletic Coach" (.82)
"Administrative Specialist I" (3.00)
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
Senator SETZLER proposed the following Amendment No. 149 (4775R131.NGS), which was adopted (#32):
Amend the bill, as and if amended, Part IB, Section 1, page 448, Department of Education, by striking line 20 and inserting:
/ programs, not more than $500,000 $850,000 may be used to provide testing and teacher training. The remaining funds shall be expended in /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
Senator RICHARDSON proposed the following amendment (PSD\ 7232MM00), which was tabled:
Amend the bill, as and if amended, Part IB, Section 18-H91, Arts Commission, page 491, at line 36, by inserting after / Company / the words /, and an additional $100,000 shall be allocated to a pool of funds available for grants to youth orchestras. Of the funds available for grants to youth orchestras, a single grant amount may not exceed $25,000 /
Renumber sections to conform.
Amend title to conform.
Senator RICHARDSON explained the amendment.
Senator SETZLER moved to lay the amendment on the table.
The amendment was laid on the table.
Senators SETZLER proposed the following Amendment No. 147 (4775R032.NGS), which was tabled:
Amend the amendment bearing document number (4775r031.shr) by striking the amendment and inserting in lieu thereof the following:
Amend the bill, as and if amended, Part IB, Section 18, ARTS COMMISSION, page 491, proviso 18.5, line 35, by striking paragraph 18.5 and inserting:
/ 18.5. (ARTS: Grants Program) Of the funds appropriated for Grantmaking, $100,000 shall be allocated to the Newberry Opera Company, $75,000 shall be allocated to the Heyward Moore Fine Arts Center (Lexington), and $100,000 shall be allocated to the Lexington Arts Association. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
Senator BRYAN moved to lay the amendment on the table.
The amendment was laid on the table.
Today I offered and voted for Amendment No. 147 that would have provided $75,000 to the Heyward Moore Fine Arts Center. Funding was to be provided through funds appropriated to the South Carolina Fine Arts Commission for grantmaking. Other amendments were offered that included funding for the Heyward Moore Fine Arts Center. I was not able to vote for these amendments because of the inclusion of the other projects. If all of the projects proposed were funded, the grantmaking program would have been depleted.
Senator LEVENTIS proposed the following Amendment No. 143 (BFD050.DOC), which was adopted (#33):
(Reference is the Senate Finance Committee Report)
Amend the bill, as and if amended, Part IB, Section 50, Department of Labor Licensing and Regulation, page 519, by striking:
/ proviso 50.13 in its entirety. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEVENTIS explained the amendment.
Senator LEVENTIS moved that the amendment be adopted.
The amendment was adopted.
Senator DRUMMOND spoke on the Bill.
Senator COURSON spoke on the Bill.
Senator HOLLAND spoke on the Bill.
Senator REESE proposed the following Amendment No. 158 (JCK007.DOC), which was tabled:
(Reference is the Senate Finance Committee Report)
Amend the bill, as and if amended, Part IB, Section 50, Department of Labor, Licensing and Regulation, page 519, line 24, by adding an appropriately numbered paragraph to read:
/(LLR: Emergency Services) The Department must distribute $99,999.99 to Chesnee Fire and Rescue from the POLA revenue account. This disbursement is applicable for FY 2000-01 only./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator REESE explained the amendment.
Senator J. VERNE SMITH moved to lay the amendment on the table.
The amendment was laid on the table.
Senator FAIR asked unanimous consent to take up for immediate consideration Amendment No. 152.
There was no objection.
Senator FAIR proposed the following Amendment No. 152 (9573HTC00.DOC), which was tabled:
(Reference is the Senate Finance Committee Report)
Amend the bill as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 23-6-180 SO AS TO DIRECT THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY TO DEVISE AND IMPLEMENT A MINIMUM PAY STRUCTURE PLAN FOR THE CURRENT RANK STRUCTURE OF COMMISSIONED PERSONNEL OF THE HIGHWAY PATROL, TO PROVIDE FOR PERIODIC ADJUSTMENTS IN THIS PAY STRUCTURE, TO PROVIDE FOR MOVEMENTS IN THIS RANK AND PAY STRUCTURE SO THAT THE TOP PAY GRADE MAY BE ATTAINED IN TEN YEARS, TO REQUIRE ANNUAL MOVEMENTS IN THIS STRUCTURE ONLY TO COMMISSIONED PERSONNEL WITH AT LEAST A "MEETS EXPECTATIONS" IN THE EMPLOYEE PERFORMANCE MANAGEMENT SYSTEM, AND TO PROVIDE THAT IMPLEMENTATION OF THIS STRUCTURE MUST NOT REDUCE THE PAY OF ANY SERVING PATROL MEMBER.
A. Article 3, Chapter 6, Title 23 of the 1976 Code is amended by adding:
"Section 23-6-180. The director of the Department of Public Safety and the Office of Human Resources of the State Budget and Control Board shall devise and implement an incremental step pay structure for the current rank structure of commissioned personnel of the Highway Patrol. This pay structure must begin with a trainee starting salary of twenty-seven thousand dollars or the highest starting salary for trainees in the eight southeastern states, whichever is greater. The trainee starting salary must be adjusted annually so that this salary remains the highest such trainee starting salary in the eight southeastern states. The minimum pay separation for each increasing rank must be by cumulative ten percent increments above the minimum trainee salary. This pay structure must provide for commissioned personnel to move toward the top of the pay grades by at least five percent a year, reaching the maximum pay in grade within ten years of service. Annual movement in the rank and pay structure must occur only for commissioned personnel with at least a 'meets expectations' grade and above in the Employee Performance Management System. The implementation of this pay structure must not reduce pay for patrol members serving when this plan is implemented."
B. This section takes effect July 1, 2000. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator FAIR explained the amendment.
Senator LAND spoke on the amendment.
Senator LAND moved to lay the amendment on the table.
The amendment was laid on the table.
On motion of Senator DRUMMOND, debate was interrupted by recess.
At 12:25 P.M., on motion of Senator DRUMMOND, the Senate receded from business not to exceed twenty minutes.
The Senate reassembled at 12:58 P.M., and was called to order by the PRESIDENT.
At 1:00 P.M., Senator DRUMMOND made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator DRUMMOND moved that a Call of the Senate be made. The following Senators answered the Call:
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
A quorum being present, the Senate resumed.
The Senate resumed consideration of the Bill. The question being the third reading of the Bill.
Senator WILSON made a Parliamentary Inquiry as to whether under the provisions of Rule 24B, a two-thirds vote would be required on Part II of H. 4775, the General Appropriation Bill.
The PRESIDENT stated that adoption of the amendments would require a two-thirds vote.
Senator PASSAILAIGUE proposed the following Amendment No. 56 (21345SD00.DOC), which was adopted (#34):
(Reference is the Senate Finance Committee Report)
Amend the bill, as and if amended, Part II, Section 3, by striking subsection (C) which begins on line 3, page 591, in its entirety.
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 164 (4775R112.ELP), which was not adopted:
Amend the amendment bearing Document Number COUNCIL\ BBM\9575HTC00.DOC, as and if amended, by striking the amendment in its entirety and inserting in lieu thereof:
TO AMEND CHAPTER 149, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIFE SCHOLARSHIPS, SO AS TO PROVIDE THAT THE SCHOLARSHIP MUST COVER THE FULL COST OF TUITION AND TO DEDICATE THE PROCEEDS OF ANY STATE LOTTERY TO THE FUNDING OF THE LIFE SCHOLARSHIP PROGRAM AND OTHER TUITION ASSISTANCE PROGRAMS.
A. Chapter 149 of Title 59 of the 1976 Code is amended to read:
LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS
Section 59-149-10. (A) Legislative Incentives for Future Excellence (LIFE) Scholarships are established which must be offered by the State. These scholarships cover the cost of attendance as defined by the Commission on Higher Education by regulation up to a maximum of two thousand dollars a year to eligible resident students attending four-year public or independent institutions as defined in subsection (B), and to cover the cost of attendance up to a maximum of one thousand dollars a year to eligible resident students attending two-year public or independent institutions as defined in subsection (B). The amount of the scholarship for eligible residents attending four-year independent institutions is fixed at three thousand dollars and the amount of the scholarship for eligible residents attending two-year independent institutions is fixed at two thousand dollars.
(B) For purposes of this chapter, a 'public or independent institution' which a student may attend to receive a LIFE Scholarship includes the following:
(1) a South Carolina public institution defined in Section 59-103-5 and an independent institution as defined in Section 59-113-50;
(2) a public or independent bachelor's level institution chartered before 1962 whose major campus and headquarters are located within South Carolina; or an independent bachelor's level institution which has attained 501(c)(3) tax status and is accredited by the Southern Association of Colleges and Secondary Schools or the New England Association of Colleges and Schools; or a public or independent two-year institution which has attained 501(c)(3) tax status. Institutions whose sole purpose is religious or theological training, or the granting of professional degrees do not meet the definition of 'public or independent institution' for purposes of this chapter.
(C) These LIFE Scholarships must be granted and awarded as provided in this chapter.
Section 59-149-20. (A) To be eligible for a LIFE Scholarship, a student must be considered a resident of this State as provided in this chapter.
(B) A student attending such a public or independent institution of this State and who is seeking a LIFE Scholarship as a freshman meets the residency requirements of this chapter if he meets the requirements of Section 59-149-50(A) in regard to high school or home school graduation requirements and is classified as a resident of South Carolina for in-state tuition purposes under Chapter 112 of this title at the time of enrollment at the institution.
(C) Students receiving a Palmetto Fellows Scholarship are not eligible for a LIFE Scholarship under this chapter.
Section 59-149-30. Full-time enrollment as defined in Title IV of the Federal Higher Education Act is a requirement for eligibility. The student must be admitted, enrolled, and classified as a degree-seeking undergraduate student.
Section 59-149-40. These LIFE Scholarships in combination with all other grants and scholarships shall not exceed the cost of attendance at the particular institutions referenced in Section 59-149-10.
Section 59-149-50. (A) To be eligible for a LIFE Scholarship, a student must be either a member of a class graduating from a high school located in this State on or after May, 1995, a home school student who has successfully completed a high school home school program in this State in the manner required by law on or after May, 1995, or a student graduating from a preparatory high school outside this State on or after May, 1995, while a dependent of a parent or guardian who is a legal resident of this State and has custody of the dependent, and these students must also meet the requirements of subsection (B). In addition, beginning with the 1998-99 school year for those students who graduate from high school on or after May, 1998, the student must have graduated from high school with a minimum of a 3.0 cumulative grade average on a 4.0 scale, and have scored 1000 or better on the Scholastic Aptitude Test (SAT) or have the equivalent ACT score, 1050 or better beginning with school year 2000-2001, and 1100 or better beginning with school year 2002-2003; provided that if the student is to attend such a public or independent two-year college or university in this State, including a technical college, the SAT requirement does not apply. If a student chooses to attend such a public or independent institution of this State and does not make the required SAT score or the required high school grade point average, as applicable, the student may earn a LIFE Scholarship after his freshman year if he meets the grade point average and semester credit hour requirements of subsection (B).
(B) Students receiving a LIFE Scholarship to retain it and students currently enrolled in an eligible institution to receive such a scholarship must earn a 3.0 cumulative grade point average on a 4.0 scale each year and earn at least thirty credit hours each year for the maximum of semesters permitted at that institution by Section 59-149-60.
(C) Students who were LIFE Scholarship recipients seeking a degree at such a public or independent institution of this State during their freshman or other year who failed to earn a cumulative 3.0 at the end of the term they attempted the requisite number of hours required by subsection (B) may regain eligibility if their cumulative grade average is a 3.0 at the end of the term they have attempted at least sixty hours if they are a sophomore or ninety hours if they are a junior.
(D) By the year 2000, students graduating from high school to be eligible for a LIFE Scholarship must have passed all courses required for a STAR diploma.
Section 59-149-60. The student may receive a LIFE Scholarship for not more than ten semesters for a five-year degree program, eight semesters for a four-year degree program, or four semesters for a two-year degree program. In addition, students in order to be eligible for these scholarships must enroll in an eligible institution within two years of graduating from high school.
Section 59-149-70. The student must not be in default on a Federal Title IV or State of South Carolina educational loan, nor owe a refund on a Federal Title IV or State of South Carolina student financial aid program. If the student has repaid the defaulted loan or refund in full, he is eligible to obtain a LIFE Scholarship in the future.
Section 59-149-80. Students transferring from one eligible public or independent institution of this State to another are eligible for a LIFE Scholarship, if they continue to meet all eligibility requirements.
Section 59-149-90. (A) Students must not have been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a LIFE Scholarship, except that a student who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol or drug related misdemeanor offense is ineligible only for one calendar year after the adjudication, conviction, or plea occurred.
(B) Regardless of the number of hours attempted, once the student has earned a bachelor's degree, he is ineligible for a LIFE Scholarship to seek another degree.
(C) All students who earn a LIFE Scholarship under this chapter or the Palmetto Fellows Scholarship shall be recognized at graduation from high school with a certificate issued by the Department of Education.
Section 59-149-100. Students enrolled in an eligible public or independent institution qualify for a LIFE Scholarship, even though they may not be physically present in South Carolina during all or part of the school term for which the LIFE Scholarship applies. The student's institution must approve for credit a study-abroad or out-of-state program. Summer school may be substituted for one fall or spring semester in any year in a planned program of study.
Section 59-149-110. (A) Any credit hours attempted or earned before high school graduation, hours exempted by examination, or advanced placement credit hours do not count against the semester limits as provided in Section 59-149-60.
(B) No LIFE Scholarship funds may be applied to the costs of continuing education or remedial courses.
Section 59-149-120. Any funds appropriated by the General Assembly to the Commission on Higher Education or any other agency, department, or institution to provide funding for these LIFE Scholarships may be carried forward from fiscal year to fiscal year.
Section 59-149-130. The commission shall promulgate regulations and establish procedures to administer the provisions of this chapter. In addition, the commission must ensure accountability for the scholarship by monitoring the distribution of grades at the institutions which receive these scholarship funds.
Section 59-149-140. All institutions participating in the LIFE Scholarship Program must report their enrollment and other relevant data as solicited by the Commission on Higher Education which may audit these institutions to ensure compliance with this provision.
Section 59-149-150. The proceeds derived from any lottery conducted by the State must first be used to pay the operating expenses of the lottery, including all prizes, provided that the General Assembly shall not be required to appropriate any funds for the payment of operating expenses and prizes. The net lottery proceeds remaining after the payment of operating expenses and prizes must be paid into a Lottery for Education Account, which is separate and distinct from the general fund of the State, with earnings on it remaining a part of the account. The Lottery for Education Account must be used to fund the Life Scholarship Program. There is automatically appropriated from the general fund of the State whatever amount is necessary to provide any difference between the amount of funds available in the Lottery for Education Account and the amount of funds necessary to provide scholarships to all eligible recipients the LIFE Scholarships authorized by this chapter.
Section 59-149-160. The Commission on Higher Education is authorized two additional FTEs to administer the LIFE Scholarship Program established by this chapter, the compensation for whom shall be provided from funds appropriated to the commission by the General Assembly. /
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
At 1:48 P.M., with Senator PASSAILAIGUE retaining the floor, on motion of Senator LAND, with unanimous consent, the Senate receded from business not to exceed five minutes.
At 2:15 P.M., the Senate resumed.
At 2:15 P.M., Senator MOORE moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bauer Branton Bryan Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes 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
A quorum being present, the Senate resumed.
Senator HOLLAND recorded his presence subsequent to the Call of the Senate.
Senator WILSON moved to lay the amendment on the table.
Senator HAYES raised a Point of Order under Rule 24A that the amendment was out of order inasmuch as it was not germane to the Bill.
The PRESIDENT overruled the Point of Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Branton Fair Giese Gregory Grooms Hayes Leatherman Martin Peeler Richardson Russell Ryberg Setzler Smith, J. Verne Thomas Waldrep Wilson
Anderson Bauer Bryan Drummond Elliott Ford Glover Hutto Jackson Land Leventis Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Rankin Ravenel Reese Saleeby Short Washington
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator THOMAS argued contra to the adoption of the amendment.
At 2:55 P.M., Senator HUTTO assumed the Chair.
Senator THOMAS argued contra to the adoption of the amendment.
At 3:01 P.M., the PRESIDENT assumed the Chair.
Senator THOMAS argued contra to the adoption of the amendment.
At 3:02 P.M., with Senator THOMAS retaining the floor, Senator GROOMS asked unanimous consent to make a motion that this amendment be carried over until 7:00 P.M.
Senator MOORE objected.
Senator THOMAS argued contra to the adoption of the amendment.
Senator RICHARDSON asked unanimous consent to make a motion to take up for immediate consideration the amendments dealing with the car tax and food tax and subsequent to the disposition of these two items, the Senate would immediately return to the consideration of Amendment No. 164.
Senator MOORE objected.
Senator THOMAS argued contra to the adoption of the amendment.
At 3:29 P.M., with Senator THOMAS retaining the floor, on motion of Senator MOORE, with unanimous consent, the Senate receded from business not to exceed fifteen minutes.
At 3:52 P.M., the Senate resumed.
At 3:52 P.M., with Senator THOMAS retaining the floor, on motion of Senator HUTTO, with unanimous consent, the Senate receded from business not to exceed ten minutes.
At 4:22 P.M., the Senate resumed.
Senator THOMAS argued contra to the adoption of the amendment.
At 4:33 P.M., with Senator THOMAS retaining the floor, on motion of Senator MOORE, with unanimous consent, the Senate receded from business not to exceed five minutes.
At 4:45 P.M., the Senate resumed.
At 4:45 P.M., Senator MOORE moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bauer Branton Bryan Courson Drummond Elliott Fair Ford Giese Glover Gregory Grooms 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
A quorum being present, the Senate resumed.
With Senator THOMAS retaining the floor, Senator MOORE asked unanimous consent to make a motion that the Senate proceed to a consideration of Amendment No. 164 and upon disposition of that amendment, the Senate would proceed to a consideration of Amendment No. 5 and upon disposition of that amendment, the Senate would proceed to a consideration of Amendment No. 166A, and upon disposition of that amendment, the Senate would proceed to a consideration of Amendment No. 237, and upon disposition of that amendment, the Senate would proceed to a consideration of Amendment No. 173A, and upon disposition of that amendment, the Senate would proceed to a consideration of Amendment No. 67, at which point the Senate would proceed to a regular consideration of Part II provisions; provided further, that the Senate would proceed to a roll call vote on each of the above enumerated amendments without necessity for obtaining required seconds and, provided further, that, after the disposition of the above enumerated amendments, no further amendments could be offered pertaining to Life Scholarships, personal property tax relief or sales tax exemption on food.
There was no objection.
The question then was the adoption of Amendment No. 164.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Ford Glover Holland Hutto Jackson Land Leventis Matthews Moore O'Dell Passailaigue Patterson Rankin Ravenel Reese Saleeby Short Washington
Alexander Bauer Branton Bryan Courson Drummond Elliott Fair Giese Gregory Grooms Leatherman Martin McConnell McGill Mescher Peeler Richardson Ryberg Setzler Smith, J. Verne Thomas Waldrep Wilson
Having failed to receive the required vote, Amendment No. 164 was not adopted.
It is my understanding that there are 22 million dollars in unfunded salary increases for the local districts. This means that this will be passed back to the local homeowners who have to pay 30% of the pay increases funded by the EFA money.
We need to fully fund the teacher pay raises and not dump the load on the homeowners so we can give the tax cuts at this moment. The Bill is over 80 million in the red. This will add to the deficit. Also, my review of the Bill indicates that recurring expenses such as First Steps, Alternative Schools, Life Scholarships, College Performance Funding, International Trade, etc., are being funded with the Capital Reserve Account when the Constitution requires this be spent for authorized capital improvements, to retire interest or principal on bonds previously issued, and capital improvements or other nonrecurring expenses. This means we are missing the opportunity to make capital improvements without borrowing and are obligating future growth of revenue to cover these recurring expenses on a future annual basis.
Senators WILSON, RUSSELL, GROOMS, COURSON, RICHARDSON and GIESE proposed the following Amendment No. 5 (9575HTC00.DOC), which was not adopted:
(Reference is the Senate Finance Committee Report)
Amend the bill as and if amended, Part II, page 611, by inserting beginning on line 1:
TO AMEND SECTION 59-149-10, OF THE 1976 CODE, RELATING TO LIFE SCHOLARSHIPS, INCLUDING THE ANNUAL AMOUNTS THEREOF, SO AS TO INCREASE FROM TWO THOUSAND DOLLARS A YEAR TO THREE THOUSAND DOLLARS A YEAR, THE MAXIMUM AMOUNT OF SUCH SCHOLARSHIPS FOR ELIGIBLE STUDENTS ATTENDING FOUR-YEAR PUBLIC OR INDEPENDENT INSTITUTIONS, AND TO INCREASE THE AMOUNT OF SUCH SCHOLARSHIPS THAT ELIGIBLE STUDENTS ATTENDING TWO-YEAR PUBLIC OR INDEPENDENT INSTITUTIONS, INCLUDING STATE TECHNICAL COLLEGES MAY RECEIVE FROM A MAXIMUM OF ONE THOUSAND DOLLARS A YEAR TO THE COST OF TUITION FOR THIRTY CREDIT HOURS A YEAR, AND TO PROVIDE THESE INCREASES BEGIN WITH SCHOOL YEAR 2000-2001.
Section 59-149-10 of the 1976 Code is amended by adding a new subsection (D) to read:
"(D) Beginning with school year 2000-2001, the annual amount of a LIFE Scholarship for eligible resident students attending a four-year public or independent institution as defined herein is increased from the cost of attendance up to a maximum of two thousand dollars a year to the cost of attendance up to a maximum of three thousand dollars a year, and the annual amount of a LIFE Scholarship for eligible resident students attending a two-year public or independent institution as defined herein which includes state technical colleges is increased from the cost of attendance up to a maximum of one thousand dollars a year to the cost of tuition for thirty credit hours a year or its equivalent. Tuition for this purpose means the amount charged for registering for credit hours of instruction and shall not include other fees, charges or costs of textbooks." /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator WILSON explained the amendment.
Senator WILSON moved that the amendment be adopted.
Senator WASHINGTON argued contra to the adoption of the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bauer Branton Courson Giese Gregory Grooms Leatherman Martin Mescher Peeler Reese Richardson Russell Ryberg Thomas Wilson
Alexander Anderson Bryan Drummond Elliott Fair Ford Glover Holland Hutto Jackson Land Leventis Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Rankin Ravenel * Saleeby Setzler Short Smith, J. Verne Waldrep Washington
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Having failed to receive the required vote, Amendment No. 5 was not adopted.
It is my understanding that there are 22 million dollars in unfunded salary increases for the local districts. This means that this will be passed back to the local homeowners who have to pay 30% of the pay increases funded by the EFA money.
We need to fully fund the teacher pay raises and not dump the load on the homeowners so we can give the tax cuts at this moment. The bill is over 80 million in the red. This will add to the deficit. Also, my review of the bill indicates that recurring expenses such as First Steps, Alternative Schools, Life Scholarships, College Performance Funding, International Trade, etc., are being funded with the Capital Reserve Account when the Constitution requires this be spent for authorized capital improvements, to retire interest or principal on bonds previously issued, and capital improvements or other nonrecurring expenses. This means we are missing the opportunity to make capital improvements without borrowing and are obligating future growth of revenue to cover these recurring expenses on future annual basis.
We support the LIFE Scholarship Program. However, we voted against this amendment because it would have put the budget out of balance by more than thirteen million ($13,000,000) dollars. We are trying to address the state budget in the same manner that the families of South Carolina deal with their personal family finances. Our families know that in order to obtain special items, the family may have to forego other items that may be desired or may be needed. The families of South Carolina live by this process on a daily basis and so should this State. The efforts of the Senate Finance Committee have already provided over one hundred forty million ($140,000,000) dollars in new funding to all aspects of higher education. Because we believe it is our duty to govern responsibly, we are sometimes called upon to vote against the expansion of programs that we support, simply because the State cannot afford it at this time. To vote otherwise would have constituted an abrogation of our responsibility to the fiscal well-being of this State.
We do not support any expansion of the LIFE scholarship program so long as it contains an SAT requirement that has the effect of denying these state funds to students from less fortunate school districts and lower socioeconomic areas from fully participating in this program. We believe that all students who are eligible to attend college or university should be given the right to participate in this program without being limited by an arbitrary score on a standardized test.
At 5:19 P.M., on motion of Senator MOORE, the Senate receded from business not to exceed five minutes.
At 5:35 P.M., the Senate resumed.
Senator PASSAILAIGUE proposed the following Amendment No. 166A (4775R190.ELP), which was not adopted:
Amend Amendment No. 237, offered by Senator WILSON, as and if amended, by striking the amendment in its entirety and inserting:
Amend the bill, as and if amended, Part II, SECTION 65, by striking the section in its entirety and inserting the following:
TO AMEND SECTION 12-37-2735 OF THE 1976 CODE, RELATING TO THE PERSONAL PROPERTY TAX RELIEF FUND, SO AS TO RECONSTITUTE THE FUND AS THE LOCAL MATCH PERSONAL PROPERTY TAX RELIEF FUND TO WHICH MUST BE CREDITED ANNUALLY THE SUM OF SIXTY MILLION DOLLARS ALLOCATED TO INDIVIDUAL COUNTY ACCOUNTS BASED ON PERSONAL MOTOR VEHICLE REGISTRATIONS, TO AUTHORIZE A COUNTY TO DRAW ON THIS ACCOUNT, TO REDUCE AD VALOREM TAXES ON PERSONAL MOTOR VEHICLE IF THE COUNTY MATCHES THE SUM IN ITS ACCOUNT FROM EXISTING COUNTY REVENUES, TO REQUIRE ALL REVENUES OF THE COUNTY FUND AND THE COUNTY MATCH TO BE USED TO REDUCE AD VALOREM TAXES ON PERSONAL MOTOR VEHICLES BASED ON FAIR MARKET VALUE, AND TO PROVIDE THAT ACCOUNTS NOT MATCHED REVERT TO THE GENERAL FUND OF THE STATE AND MUST BE APPROPRIATED FOR TAX RELIEF AS THE GENERAL ASSEMBLY DIRECTS.
A. Section 12-37-2735 of the 1976 Code, as added by Section 111 of Part II of Act 100 of 1999, is amended to read:
"Section 12-37-2735. (A) There is established in the State Treasury a separate and distinct fund to be known as the Personal Property Tax Relief Fund to which must be credited not more than nor less than twenty million dollars for a fiscal year. All monies deposited to this fund must be accounted for separately and any interest accruing from the investment of the monies on deposit with the fund must be credited to the fund and used for the same purpose as the principal. The fund must be used to make allocations available to the counties for the purpose of assisting the counties in reducing the ad valorem tax on personal motor vehicles.
(B) The monies credited to the Personal Property Tax Relief Fund must be allocated annually to separate county accounts, one each established in the name of the forty-six counties. The monies must be divided and allocated to the various county accounts based on a ratio equal to the total number of personal motor vehicles registered in a county divided by the total number of personal motor vehicles registered statewide at the close of the preceding calendar year or fiscal year as determined by the State Treasurer. The allocation drawn from the fund must be used for the exclusive purpose of reducing the ad valorem tax on personal motor vehicles and must be distributed to eligible persons in an equitable manner based on the fair market value of the vehicle. There is established in the State Treasury a separate and distinct fund to be known as the Local Match Personal Property Tax Relief Fund. Beginning with fiscal year 2000-2001 and each fiscal year thereafter, the State Treasurer is directed to allocate and transfer sixty million dollars to the Local Match Personal Property Tax Relief Fund. All transfers and all other monies appropriated or deposited to this fund must be accounted for separately and any interest accruing from the investment of the monies on deposit with the fund must be credited to the fund and used for the same purpose as the principle. The fund must be used to make allocations available to the several counties for the purpose of assisting the counties in reducing the ad valorem tax on personal motor vehicles.
(B) The monies credited to the Local Match Personal Property Tax Relief Fund must be allocated annually to separate county accounts, one each, established in the name of the forty-six counties. The monies must be divided and allocated to the various county accounts based on a ratio equal to the total number of personal motor vehicles registered in a county divided by the total number of personal motor vehicles registered statewide at the close of the preceding calendar year or fiscal year as determined by the State Treasurer. Allocations in the fund may be drawn on by a county in whole or in part and must be distributed by the Comptroller General under the following conditions:
(1) the county governing body must hold at least one public hearing to inform the citizenry that funds have been allocated in the Local Match Personal Property Tax Relief Fund and are available for distribution to the county for the purpose of reducing the ad valorem tax on personal motor vehicles and to inform the citizenry of the eligibility requirements placed on the county;
(2) the county governing body must set aside an amount of funds equal to the amount to be drawn from the Local Match Personal Property Tax Relief Fund county allocation;
(3) the county must certify to the Comptroller General that it has held the required public hearing, that it has set aside an amount of funds equal to the amount the county intends to draw against the allocation it is eligible to receive from the Local Match Personal Property Tax Relief Fund, and that the funds set aside are for no other purpose but to match the allocation from the fund;
(4) the aggregate of the state allocation drawn from the fund and the local match must be used for the exclusive purpose of reducing the ad valorem tax on personal motor vehicles and must be distributed to eligible persons in an equitable manner based on the fair market value of the vehicle; and
(5) any allocation in a fiscal year which has not been drawn in accordance with the provisions of this item as of January 31 of the succeeding year must revert to the general fund and must be appropriated for tax relief as the General Assembly may direct."
B. This section takes effect July 1, 2000. /
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Branton Bryan Courson Fair Giese Gregory Grooms Hayes * Leatherman Mescher Moore O'Dell Passailaigue Peeler Rankin Reese Russell Ryberg Setzler Thomas Waldrep Wilson
Drummond Elliott Ford Glover Hutto Jackson Land Leventis Martin Matthews McGill Patterson Richardson Saleeby Short Smith, J. Verne Washington
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Having failed to receive the required vote, Amendment No. 166A was not adopted.
Senators COURSON, PEELER, WILSON, GIESE, BRANTON and LEATHERMAN proposed the following Amendment No. 237 (9632HTC00.DOC), which was not adopted:
(Reference is the Senate Finance Committee Report)
Amend the bill as and if amended, Part II, by striking Section 65, beginning on page 677, and inserting:
TO AMEND SECTION 12-37-220, AS AMENDED, OF THE 1976 CODE, RELATING TO EXEMPTIONS FROM PROPERTY TAX, SO AS TO EXEMPT FROM PROPERTY TAX A PORTION OF THE FAIR MARKET VALUE OF PRIVATE PASSENGER MOTOR VEHICLES, INCLUDING TRUCKS WITH A GROSS WEIGHT OF NOT MORE THAN EIGHT THOUSAND POUNDS AND AN EMPTY WEIGHT OF NOT MORE THAN FIVE THOUSAND POUNDS, AND MOTORCYCLES; TO PHASE IN THE EXEMPTION OVER FIVE MOTOR VEHICLE TAX YEARS; TO PROVIDE FOR PROPERTY TAXING ENTITIES TO BE REIMBURSED FOR THE TAXES NOT COLLECTED BECAUSE OF THE EXEMPTION IN AN AMOUNT COMPUTED AT A STATEWIDE AVERAGE MILLAGE RATE, APPLIED ON A PER REGISTERED VEHICLE BASIS WITH THE TOTAL REIMBURSEMENT FOR FISCAL YEAR 2000-2001 SET AT SIXTY MILLION DOLLARS, AND TO CAP THIS REIMBURSEMENT AT THE AMOUNT SO REIMBURSED IN FISCAL YEAR 2004-05, TO ALLOCATE THIS AMOUNT TO COUNTIES BASED ON A COUNTY'S PERCENTAGE OF TOTAL STATEWIDE PRIVATE PASSENGER MOTOR VEHICLE REGISTRATIONS AND USED TO REDUCE PERSONAL PROPERTY TAXES ON THESE VEHICLES BASED ON FAIR MARKET VALUE, AND TO PROVIDE THAT THIS EXEMPT VALUE IS NEVERTHELESS CONSIDERED TAXABLE FOR PURPOSES OF BONDED INDEBTEDNESS AND CALCULATING THE INDEX OF TAXPAYING ABILITY AT AMOUNTS NOT TO EXCEED ITS VALUE IN MOTOR VEHICLE TAX YEARS BEGINNING IN FISCAL YEAR 2004-2005; AND TO AMEND SECTION 11-11-150, RELATING TO THE TRUST FUND FOR TAX RELIEF, SO AS TO CREDIT TO IT THE REIMBURSEMENT REQUIRED FOR THE PERSONAL PROPERTY TAX EXEMPTION ALLOWED BY THIS SECTION.
A. Section 12-37-220(B) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( )(a) A percentage as determined under subitem (b) below of the fair market value of a private passenger motor vehicle as defined in Section 56-3-630, including for purposes of this exemption only, the fair market value of a motor cycle.
(b) Annually, as provided in Section 11-11-150, there is credited to the Trust Fund for Tax Relief an amount sufficient to reimburse all local taxing entities the amount of revenue not collected as a result of this exemption. The reimbursement allocation for a county must be computed based on an average statewide millage rate as determined by the Board of Economic Advisors, applied to a percentage of the fair market value of each eligible vehicle registered in this State beginning with ten percent for fiscal year 2000-01 and increasing in increments of ten percent a fiscal year until fifty percent is attained for fiscal years beginning after June 30, 2004. Notwithstanding the result of the estimate calculated by the Board of Economic Advisors for fiscal year 2000-2001, the amount of the reimbursement for fiscal year 2000-2001 is sixty million dollars. The amount credited to the fund pursuant to this item must be allocated annually to separate county accounts, one each, established in the name of the forty-six counties. The monies must be divided and allocated to the various county accounts based on a ratio equal to the total number of private passenger motor vehicles registered in a county divided by the total number of such vehicles registered statewide at the close of the preceding calendar year or fiscal year as determined by the State Treasurer. Allocations in a county's account must be distributed by the Comptroller General to the county and must be used for the exclusive purpose of reducing the ad valorem tax on private passenger motor vehicles registered in the county and must be distributed to eligible persons in an equitable manner based on the fair market value of the vehicle. The reimbursement must be paid not less than monthly, in advance, and in a manner that substantially matches the stream of revenue that would be generated if the exempt portion of the property's value were fully taxable. The reimbursement is credited pro rata to property taxing entities in the county. After June 30, 2005, the reimbursement is fixed permanently at the amount reimbursed in fiscal year 2004-05.
(c) Property value exempted from property taxation by this item is considered taxable at no more than the amount applicable for motor vehicle tax years beginning in fiscal year 2004-2005 for purposes of bonded indebtedness pursuant to Sections 14 and 15, Article X of the Constitution of this State and for purposes of computing the index of taxpaying ability pursuant to Section 59-20-20(3).
(d) The exemption allowed by this item cannot reduce the minimum assessment provided pursuant to Section 12-37-2640."
B. Section 11-11-150(A) of the 1976 Code, as added by Act 419 of 1998, is amended by adding an appropriately numbered item at the end to read:
"( ) Section 12-37-220(B)( ) for the motor vehicle property tax exemption."
C. This section takes effect July 1, 2000, and applies with respect to motor vehicle tax years beginning after June 30, 2000./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator COURSON explained the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bauer Branton Bryan Courson Fair Giese Gregory Grooms Hayes * Leatherman Martin Mescher Moore O'Dell Peeler Rankin Reese Richardson Russell Ryberg Setzler Short Thomas Waldrep Wilson
Anderson Drummond Ford Glover Holland Hutto Jackson Land Leventis Matthews McConnell McGill Passailaigue Patterson Saleeby Smith, J. Verne Washington
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Having failed to receive the requisite vote, Amendment No. 237 was not adopted.
The question then was the adoption of Section 65.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bauer Branton Courson Elliott Fair Giese Gregory Grooms Leatherman Martin McConnell Mescher Moore O'Dell Passailaigue Peeler Rankin Reese Richardson Russell Ryberg Setzler Short Thomas Waldrep Wilson
Anderson Drummond Ford Glover Holland Hutto Jackson Land Leventis Matthews McGill Patterson Saleeby Smith, J. Verne Washington
Having failed to receive the requisite vote, Section 65 was not adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 173A (4775R035A.ELP), which was not adopted:
Amend the amendment number 67 bearing Document Number 5233HTC00.DOC, as and if amended, by striking the contents of the amendment and inserting:
TO AMEND CHAPTER 6, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ESTABLISHING A REFUNDABLE INCOME TAX CREDIT FOR PERSONAL EXEMPTIONS CLAIMED ON AN INDIVIDUAL INCOME TAX RETURN TO DEFRAY THE SALES TAXES PAID ON THE PURCHASE OF FOOD, TO ESTABLISH THE SOUTH CAROLINA SENIORS' PRESCRIPTION DRUG PROGRAM FUND AND TO PROVIDE FOR A CHECK-OFF FOR THE FUND.
A. Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3381. (A) To defray the sales taxes paid on the purchase of food, the filer of each individual income tax return shall be allowed a refundable individual income tax credit for each personal exemption claimed on the return according to the following schedule:
Adjusted Gross Income Credit Per Exemption
$10,001 - above $7
$ 9,001 - 10,000 $8
$ 9,000 - below $9
(B) In lieu of receiving the credit provided for in subsection (A), an individual may elect to contribute the amount of the credit to the South Carolina Seniors' Prescription Drug Fund established pursuant to the provisions of Section 44-130-50."
B. Chapter 130 of Title 44 of the 1976 Code is amended by adding:
"Section 44-130-50. There is created the South Carolina Seniors' Prescription Drug Fund for the purpose of receiving gifts, grants, contributions, bequests or other financial resources to support the operation of the South Carolina Seniors' Prescription Drug program established pursuant to Chapter 130 of Title 44 of the 1976 Code. The fund must be managed by the Budget and Control Board and must be used for the exclusive purpose of supplementing appropriations authorized to support the operation of the program."
C. Item (A) of Section 12-6-5060 of the 1976 Code of Laws is amended to read:
"(A) Each taxpayer required to file a state individual income tax return may contribute to the Nongame Wildlife and Natural Areas Program Fund, the Children's Trust Fund of South Carolina as created by Section 20-7-5010, the South Carolina Seniors' Prescription Drug Fund created pursuant to Section 44-130-50, or the Eldercare Trust Fund of South Carolina as created by Section 43-21-160, or the First Steps to School Readiness Fund as created by Section 20-7-9740 by designating the contribution on the return. The contribution may be made by reducing the income tax refund or by remitting additional payment by the amount designated."
D. This section takes effect beginning tax year 2000. /
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator LEVENTIS spoke on the amendment.
Senator ELLIOTT spoke on the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Bauer Branton Bryan Courson Fair Giese Grooms Leatherman Martin Mescher Passailaigue Peeler Rankin Reese Richardson Russell Ryberg Setzler Thomas Wilson
Alexander Drummond Elliott Ford Glover Gregory Holland Hutto Jackson Land Leventis Matthews McConnell McGill Moore O'Dell Patterson Saleeby Short Smith, J. Verne Waldrep Washington
Having failed to receive the requisite vote, Amendment No. 173 was not adopted.
Senators COURSON, WILSON, BRANTON, ELLIOTT, FAIR, HAYES, GIESE, RYBERG, THOMAS, MARTIN, PEELER, RUSSELL, RICHARDSON, GREGORY, FORD, MESCHER and GROOMS proposed the following amendment (5233HTC00.DOC), which was not adopted:
(Reference is the Senate Finance Committee Report)
Amend the bill as and if amended, Part II, page 611, by inserting beginning on line 20:
TO AMEND SECTION 12-36-2120, AS AMENDED, OF THE 1976 CODE, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO REDUCE BY ONE PERCENT A YEAR THE STATE PORTION OF SALES TAX ON FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO EXEMPT COMPLETELY FROM THE STATE PORTION OF THE TAX ALL SUCH FOOD AND MEALS EFFECTIVE JANUARY 1, 2005, TO PROVIDE FOR THE USE OF THE REVENUE FROM THE REDUCED RATES OF TAX DURING THE PHASE-IN PERIOD, AND TO ALLOW A COUNTY BY ORDINANCE TO EXEMPT FOOD ITEMS FROM LOCAL SALES AND USE TAXES.
A. Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( )(a) effective January 1, 2005, food items eligible for purchase with United States Department of Agriculture food coupons, but this exemption does not apply for local sales and use taxes except where such taxes specifically exempt these items;
(b) effective January 1, 2001, the governing body of a county by ordinance may exempt items described in subitem (a) of this item from any local sales and use tax imposed in the county which by its terms does not otherwise exempt such items. This local exemption may extend to all or a portion of the local tax."
B. Notwithstanding the rates of tax imposed pursuant to Chapter 36, Title 12 of the 1976 Code, the rate of tax imposed pursuant to that chapter on the gross proceeds of sales, or the sale price of food items eligible for purchase with United States Department of Agriculture food coupons, is four percent for sales from January 1, 2001, through December 31, 2001, three percent for such sales from January 1, 2002, through December 31, 2002, two percent for such sales from January 1, 2003, through December 31, 2003, and one percent for such sales from January 1, 2004, through December 31, 2004. Eighty percent of the revenues from sales taxes raised by the special tax rates provided by this section must be credited to the general fund of this State and used as sales taxes are used, and the remainder must be credited to the Education Improvement Act Fund. Except where otherwise exempt, the local sales and use taxes authorized by law continue to apply to those sales subject to the reduced state rate of tax provided in this section. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator WILSON explained the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Branton Bryan Courson Elliott Fair Ford Giese Gregory Grooms Hayes * Martin Mescher Peeler Rankin Reese Richardson Russell Ryberg Setzler Thomas Waldrep Wilson
Drummond Glover Hutto Jackson Land Leventis Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Ravenel * Saleeby Short Smith, J. Verne Washington
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
Having failed to receive the required vote, Amendment No. 67 was not adopted.
It is my understanding that there are 22 million dollars in unfunded salary increases for the local districts. This means that this will be passed back to the local homeowners who have to pay 30% of the pay increases funded by the EFA money.
We need to fully fund the teacher pay raises and not dump the load on the homeowners so we can give the tax cuts at this moment. The bill is over 80 million in the red. This will add to the deficit. Also, my review of the bill indicates that recurring expenses such as First Steps, Alternative Schools, Life Scholarships, College Performance Funding, International Trade, etc., are being funded with the Capital Reserve Account when the Constitution requires this be spent for authorized capital improvements, to retire interest or principal on bonds previously issued, and capital improvements or other nonrecurring expenses. This means we are missing the opportunity to make capital improvements without borrowing and are obligating future growth of revenue to cover these recurring expenses on future annual basis.
On motion of Senator DRUMMOND, debate was interrupted by adjournment.
At 6:55 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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