Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 10:30 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the words of St. Paul to the Philippians, Chapter 2:5-11:
"Have this mind among yourselves,
Which is yours in Christ Jesus,
Who, though he was in the form of God,
Did not count equality with God a thing to be grasped,
But emptied himself, taking the form of a servant."
Let us pray.
Father, the very concepts of "the form of God"... "taking the form of a servant" boggles our minds!
But the miseries of this life and this world cry out for the realities of these concepts.
So, today, as we close out our mundane duties to go home to commemorate Good Friday and celebrate with our loved ones the Resurrection of Jesus, draw us closer to this Man of Galilee.
May our contemplation of His suffering and His sacrifice on the cross somehow lead us to realize our kinship of faith with Him.
Help us so to live that, when our summons comes, we may be able to say,
"Into Your hands
I commend my spirit."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator HAWKINS introduced Dr. M. David Mitchell of Spartanburg, S.C., Doctor of the Day.
Senator BRANTON rose for an Expression of Personal Interest.
Senator ELLIOTT rose for an Expression of Personal Interest.
Senator WALDREP rose for an Expression of Personal Interest.
Senator GROOMS rose for an Expression of Personal Interest.
H. 3824 (Word version) -- Reps. A. Young, Chellis, Owens, Harrell and Cobb-Hunter: A BILL TO ESTABLISH THE DORCHESTER COUNTY BOARD OF ELECTIONS AND REGISTRATION AND PROVIDE FOR ITS MEMBERSHIP AND GOVERNANCE, AND TO ABOLISH THE DORCHESTER COUNTY ELECTION COMMISSION AND THE DORCHESTER COUNTY BOARD OF VOTER REGISTRATION AND DEVOLVE ITS POWERS AND DUTIES IN THE BOARD ESTABLISHED BY THIS ACT.
Senator BRANTON asked consent to make a motion to recall the Bill from the Dorchester County Delegation.
There was no objection.
The Bill was recalled from the Dorchester County Delegation.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator BRANTON asked to give the Bill a second reading with notice of general amendments.
The Bill was placed on the third reading Calendar.
The following were introduced:
S. 581 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-157 SO AS TO PROVIDE THAT EACH FOUR-YEAR PUBLIC INSTITUTION OF HIGHER LEARNING SHALL REQUIRE ALL FRESHMEN TO TAKE A ONE-CREDIT HOUR COURSE IN PHYSICAL EDUCATION EACH SEMESTER OF THEIR FRESHMAN YEAR, AND TO PROVIDE THAT THE PHYSICAL EDUCATION COURSE MUST BE TAILORED TO EACH STUDENT'S PHYSICAL CAPABILITIES OR LIMITATIONS, MUST BE TAUGHT ON A PASS/FAIL BASIS, AND SUCCESSFULLY COMPLETED BEFORE THE STUDENT MAY BEGIN HIS SOPHOMORE YEAR.
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Read the first time and referred to the Committee on Education.
S. 582 (Word version) -- Senators Alexander, Courson and Drummond: A CONCURRENT RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE AND SENATE CHAMBERS ON THURSDAY, NOVEMBER 1, AND FRIDAY, NOVEMBER 2, 2001, AND THE USE OF AVAILABLE MEETING SPACE IN THE BLATT OFFICE BUILDING ON WEDNESDAY, OCTOBER 31, 2001, FOR THE ORGANIZATION'S ANNUAL MEETING, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERKS OF THE RESPECTIVE BODIES.
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The Concurrent Resolution was introduced and referred to the Committee on Invitations.
S. 583 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, JUNE 19, 2001, AND TO CONTINUE, IF NECESSARY, UNTIL THURSDAY, JUNE 21, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT, WHEN THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN THURSDAY, JUNE 21, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON MONDAY, AUGUST 13, 2001, AND TO CONTINUE, IF NECESSARY, UNTIL FRIDAY, SEPTEMBER 7, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT, WHEN THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN FRIDAY, SEPTEMBER 7, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, SEPTEMBER 18, 2001, AND TO CONTINUE, IF NECESSARY, UNTIL THURSDAY, SEPTEMBER 20, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT, WHEN EACH HOUSE ADJOURNS NOT LATER THAN THURSDAY, SEPTEMBER 20, 2001, AT 5:00 P.M. THE GENERAL ASSEMBLY SHALL STAND IN RECESS UNTIL NOT LATER THAN 5:00 P.M. ON DECEMBER 31, 2001, TO PROVIDE THAT BETWEEN JUNE 7, 2001, AND THE DATE OF SINE DIE ADJOURNMENT THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE MAY CALL THEIR RESPECTIVE HOUSES BACK IN SESSION FOR SPECIFIED MATTERS, AND TO PROVIDE THAT AT 5:00 P.M. ON DECEMBER 31, 2001, IF NOT EARLIER ADJOURNED SINE DIE, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
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Read the first time and referred to the Committee on Judiciary.
S. 584 (Word version) -- Senator O'Dell: A BILL TO AMEND SECTION 16-11-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARSON, SO AS TO PROVIDE THAT THE BURNING MUST RESULT IN DAMAGE TO A BUILDING OR STRUCTURE AND TO DEFINE "DAMAGE".
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Read the first time and referred to the Committee on Judiciary.
S. 585 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, RELATING TO CRIMINAL JUSTICE INFORMATION SYSTEM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2533, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.
S. 586 (Word version) -- Senators Wilson, Ryberg, Bauer and Setzler: A SENATE RESOLUTION TO CONGRATULATE MRS. MACLEOD BELLUNE AND HER HUSBAND, JERRY, ON THE REPURCHASE OF THE DISPATCH NEWS AND ITS SUBSEQUENT MERGER WITH THE LEXINGTON COUNTY CHRONICLE WHICH THEY ALSO OWN TO KEEP A ONE HUNDRED THIRTY YEAR OLD NEWSPAPER TRADITION ALIVE IN LEXINGTON COUNTY.
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The Senate Resolution was adopted.
S. 587 (Word version) -- Senator McConnell: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND DANIEL CHRISTOPHER "CHRIS" DRUMMOND OF CHARLESTON, ASSISTANT NEWS DIRECTOR OF WCSC-TV, FOR HIS OUTSTANDING EIGHTEEN-YEAR CAREER IN TELEVISION NEWS UPON HIS LEAVING THE CHANNEL 5 NEWSROOM TO PURSUE OTHER GOALS AND INTERESTS AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
H. 3528 (Word version) -- Reps. Harrison, Wilkins and Fleming: A BILL TO AMEND SECTION 44-48-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MULTIDISCIPLINARY TEAM REVIEWING RECORDS TO DETERMINE IF A PERSON IS A SEXUALLY VIOLENT PREDATOR, SO AS TO CHANGE THE MEMBERSHIP OF THE TEAM.
Read the first time and referred to the Committee on Judiciary.
H. 3539 (Word version) -- Reps. J.E. Smith and Lourie: A BILL TO AMEND CHAPTER 16, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPUTER CRIME, SO AS TO ENACT THE "COMPUTER ABUSE ACT OF 2001", BY ADDING SECTION 16-16-25 SO AS TO PROVIDE A CIVIL REMEDY OF COMPENSATORY DAMAGES AND RESTITUTION FOR THE OWNER OR LESSEE OF A COMPUTER, COMPUTER SYSTEM, COMPUTER PROGRAM, OR COMPUTER NETWORK INJURED BY A PERSON CONVICTED UNDER THIS CHAPTER; TO AMEND SECTION 16-16-10, RELATING TO DEFINITIONS, SO AS TO ADD A DEFINITION FOR "COMPUTER CONTAMINANT" AND TO REVISE OTHER DEFINITIONS; TO AMEND SECTION 16-16-20, AS AMENDED, RELATING TO COMPUTER CRIME OFFENSES, SO AS TO ADD THE OFFENSE OF INTRODUCING COMPUTER CONTAMINANT INTO A COMPUTER, COMPUTER SYSTEM, COMPUTER PROGRAM, OR COMPUTER NETWORK; TO AMEND SECTION 16-16-30, RELATING TO VENUE FOR ACTIONS BROUGHT UNDER THE COMPUTER CRIMES CHAPTER, SO AS TO MAKE TECHNICAL CORRECTIONS.
Read the first time and referred to the Committee on Judiciary.
H. 3585 (Word version) -- Reps. Kelley and Townsend: A CONCURRENT RESOLUTION EXPRESSING THE VIEW OF THE GENERAL ASSEMBLY THAT STATE PERSONNEL POLICIES OR PROCEDURES, OR BOTH, HOWEVER DESCRIBED, ESTABLISHED BY THE STATE BUDGET AND CONTROL BOARD SHOULD BE PROMULGATED AS REGULATIONS IN CONFORMITY WITH THE ADMINISTRATIVE PROCEDURES ACT WHEN THE POLICIES EXTEND TO STATE EMPLOYEES NOT EMPLOYED BY THE STATE BUDGET AND CONTROL BOARD.
Read the first time and referred to the Committee on Finance.
H. 3665 (Word version) -- Rep. Cato: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING SECTION 38-90-25 SO AS TO PROVIDE FOR A CAPTIVE REINSURANCE COMPANY TO BE LICENSED TO WRITE REINSURANCE CONTRACTS IN SOUTH CAROLINA; BY ADDING SECTION 38-90-45 SO AS TO PROVIDE FOR MINIMUM CAPITALIZATION OR RESERVES FOR LICENSING OF A CAPTIVE REINSURANCE COMPANY; BY ADDING SECTION 38-90-55 SO AS TO REQUIRE THE INCORPORATION OF A CAPTIVE REINSURANCE COMPANY AS A STOCK INSURER; BY ADDING SECTION 38-90-75 SO AS TO PROVIDE FOR A CAPTIVE REINSURANCE COMPANY TO DISCOUNT ITS LOSS AND LOSS ADJUSTMENT EXPENSE RESERVES; BY ADDING SECTION 38-90-145 SO AS TO PROVIDE FOR AN ANNUAL CAPTIVE REINSURANCE TAX OF FIVE THOUSAND DOLLARS; BY ADDING SECTION 38-90-185 SO AS TO PROVIDE FOR IN-STATE MANAGEMENT OF THE ASSETS OF A CAPTIVE REINSURANCE COMPANY; TO AMEND SECTION 38-90-10, RELATING TO DEFINITIONS FOR PURPOSES OF REGULATION OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE DEFINITIONS FOR "CAPTIVE REINSURANCE COMPANY" AND CERTAIN ACCOUNTING TERMS; TO AMEND SECTION 38-90-70, RELATING TO FINANCIAL REPORTING TO THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE, SO AS TO REQUIRE AN ANNUAL REPORT FROM A CAPTIVE REINSURANCE COMPANY; TO AMEND SECTION 38-90-220, RELATING TO SPONSORS OF CAPTIVE INSURANCE COMPANIES, SO AS TO REQUIRE STATE LICENSING OR AUTHORIZATION OR, IN THE ALTERNATIVE, A TRUST FUND SECURING LOSSES; TO AMEND SECTION 38-10-10, RELATING TO THE PURPOSES OF ESTABLISHING PROTECTED CELLS OF A DOMESTIC INSURER, SO AS TO INCLUDE A CAPTIVE INSURER; TO AMEND SECTION 38-10-20, RELATING TO DEFINITIONS FOR PURPOSES OF PROTECTED CELL INSURANCE COMPANIES, SO AS TO INCLUDE A CAPTIVE INSURER; TO AMEND SECTION 10-7-10, AS AMENDED, SECTION 10-7-30, AND SECTION 10-7-40, ALL RELATING TO INSURANCE ON PUBLIC BUILDINGS AND CONTENTS OWNED BY THE STATE, THE SEVERAL COUNTIES, AND SCHOOL DISTRICTS, SO AS TO PROVIDE FOR INSURANCE BY DOMESTIC CAPTIVE COMPANIES LICENSED BY THE DEPARTMENT; TO AMEND SECTION 42-7-75, AS AMENDED, RELATING TO PAYMENT OF WORKERS' COMPENSATION PREMIUMS BY STATE AGENCIES, SO AS TO PROVIDE FOR DETERMINATION OF THE PREMIUM AMOUNTS BY A DOMESTIC CAPTIVE COMPANY LICENSED BY THE DEPARTMENT.
Read the first time and referred to the Committee on Banking and Insurance.
H. 3821 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO ESTABLISH A THREE-YEAR PILOT PROGRAM OF ALLIGATOR FARMING FOR THE PURPOSE OF DETERMINING THE FEASIBILITY OF ALLIGATOR FARMING FOR POULTRY MORTALITY DISPOSAL AND PROVIDE THAT UNTIL JULY 1, 2004, ANY PERSON EIGHTEEN OR OLDER MAY ESTABLISH AN ALLIGATOR FARM FOR THE PURPOSE OF POULTRY MORTALITY DISPOSAL BY COMPLYING WITH CERTAIN TERMS, CONDITIONS, AND PROVISIONS RELATING TO PARTICIPATION IN THE PILOT PROGRAM OF ALLIGATOR FARMING FOR POULTRY MORTALITY DISPOSAL.
Senator SALEEBY spoke on the Concurrent Resolution.
Read the first time and, on motion of Senator SALEEBY, with unanimous consent, ordered placed on the Calendar without reference.
H. 3930 (Word version) -- Reps. Carnell, Rhoad, Robinson, Limehouse, Stuart, Martin, Weeks, Whatley, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION (SCDOT), THE TRANSPORTATION COMMISSION, AND EXECUTIVE DIRECTOR, ELIZABETH S. MABRY, FOR TAKING ACTION TO MEET THE TRANSPORTATION NEEDS OF THE STATE, AND FOR BEING NATIONALLY RECOGNIZED FOR EFFICIENCY AND PRODUCTIVITY DESPITE BEING THE LOWEST FUNDED HIGHWAY DEPARTMENT IN THE NATION.
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
Senator WALDREP from the Committee on Agriculture and Natural Resources submitted a majority favorable with amendment and Senators ELLIOTT, GROOMS and WILSON a minority unfavorable report on:
S. 550 (Word version) -- Senators Waldrep and Leventis: A BILL TO AMEND CHAPTER 1, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION ENACTING THE "SOUTH CAROLINA CAROLINA BAYS PROTECTION ACT" BY ADDING ARTICLE 3 SO AS TO PROVIDE FOR THE PROTECTION, CONSERVATION, AND MANAGEMENT OF NONCONTIGUOUS WETLANDS WHICH ARE ISOLATED WETLANDS HAVING NO SURFACE WATER CONNECTION TO OTHER STATE WATERS, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS ESTABLISHING A NONCONTIGUOUS WETLANDS PERMITTING PROCESS, AND TO EXEMPT CERTAIN ACTIVITIES FROM REQUIRING A PERMIT; TO AMEND SECTION 48-1-10, RELATING TO DEFINITIONS IN THE "POLLUTION CONTROL ACT", SO AS TO INCLUDE WETLANDS, CAROLINA BAYS, POCOSINS, BOGS, FENS, WET DEPRESSIONS, VERNAL POOLS, AND GUM PONDS IN THE DEFINITION OF "WATERS OF THE STATE" AND TO DEFINE "WETLANDS" AND "NONCONTIGUOUS WETLANDS"; TO AMEND SECTION 48-1-50, RELATING TO THE POWERS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE POLLUTION CONTROL ACT, SO AS TO INCLUDE THE AUTHORITY TO ISSUE PERMITS FOR DRAINAGE, EXCAVATING, OR CONSTRUCTING ON WETLANDS; AND TO DESIGNATE SECTIONS 48-1-10 THROUGH 48-1-350 AS ARTICLE 1 OF CHAPTER 1, TITLE 48 ENTITLED THE "POLLUTION CONTROL ACT" AND TO RENAME CHAPTER 1 OF TITLE 48 AS "POLLUTION CONTROL AND WETLANDS PROTECTION".
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills and Joint Resolutions were read the third time and ordered sent to the House of Representatives:
S. 571 (Word version) -- Senator Hawkins: A BILL TO AMEND ACT 1195 OF 1958, AS AMENDED, RELATING TO THE WEST VIEW-FAIRFOREST FIRE DISTRICT CONTROL BOARD, SO AS TO DECREASE THE TERM OF OFFICE OF THE MEMBERS FROM SIX YEARS TO FOUR YEARS; AND TO AMEND ACT 500 OF 1998 TO PROVIDE THAT THE TWO ADDITIONAL MEMBERS OF THE BOARD ADDED BY THIS ACT MUST BE APPOINTED TO OFFICE AS PROVIDED BY LAW.
By prior motion of Senator HAWKINS
S. 315 (Word version) -- Senator Thomas: A BILL TO AMEND TITLE 24, CHAPTER 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISONERS CONFINED WITHIN THE DEPARTMENT OF CORRECTIONS, BY ADDING ARTICLE 20 SO AS TO ESTABLISH THE OFFENDER EMPLOYMENT REFERRAL PROGRAM WITHIN THE DEPARTMENT OF CORRECTIONS AS A STATEWIDE EMPLOYMENT REFERRAL PROGRAM DESIGNED TO REINTEGRATE INMATES INTO THE LABOR FORCE AFTER SERVING THEIR SENTENCES IN A DEPARTMENT FACILITY.
S. 316 (Word version) -- Senators Peeler, Hayes, Ryberg, Wilson and McGill: A BILL TO AMEND SECTION 2-48-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO CONTRACT FOR HOUSING AND CARE OF INMATES UNDER THE COMMUNITY CORRECTIONS INCENTIVE ACT, SO AS TO AUTHORIZE THE DEPARTMENT OF CORRECTIONS TO CONTRACT TO HAVE CONSTRUCTED, OR FUND ALL OR A PORTION OF THE CONSTRUCTION COSTS ASSOCIATED WITH CERTAIN FACILITIES IF FUNDS ARE APPROPRIATED; SECTION 2-48-30, RELATING TO THE LOCAL GOVERNMENT ENTITY PROVIDING LAND FOR A COMMUNITY CORRECTIONAL FACILITY, SO AS TO AUTHORIZE THE DEPARTMENT TO CONTRACT FOR THE CONSTRUCTION OF THESE FACILITIES AND TO CONTRACT WITH LOCAL GOVERNMENTS TO FUND CERTAIN CONSTRUCTION COSTS ASSOCIATED WITH A COMMUNITY CORRECTIONAL FACILITY UNDER CERTAIN CONDITIONS; SECTION 2-48-60, RELATING TO THE REQUIREMENT THAT THE DEPARTMENT MUST CONTRACT WITH A LOCAL ENTITY BEFORE CONSTRUCTING A COMMUNITY CORRECTIONAL FACILITY, SO AS TO MAKE REIMBURSEMENT TO A LOCAL ENTITY OPTIONAL INSTEAD OF MANDATORY FOR THE COST OF CARING FOR EACH STATE INMATE AS PROVIDED BY CONTRACT; AND SECTION 24-3-30, AS AMENDED, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT FOR A PERSON CONVICTED OF AN OFFENSE AGAINST THE STATE, SO AS TO ADD MUNICIPAL AND REGIONAL DETENTION FACILITIES TO COUNTY FACILITIES AS LOCATIONS WHERE THESE PRISONERS MAY BE DESIGNATED TO BE CONFINED.
S. 566 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING HOSPITALS AND INSTITUTIONAL GENERAL INFIRMARIES RELATING TO PERINATAL CARE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2518, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 567 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF NURSING, RELATING TO STANDARDS FOR AUTHORIZED PRESCRIPTIONS BY THE NURSE PRACTITIONER WITH PRESCRIPTIVE AUTHORITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2577, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator HAYES spoke on the Resolution.
S. 568 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO PHYSICIAN ASSISTANTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2605, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 569 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO INDUSTRIAL WASTE DISPOSAL SITES AND FACILITIES; AND SANITARY LANDFILL DESIGN, CONSTRUCTION, AND OPERATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2530, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 570 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING COMMUNITY RESIDENTIAL CARE FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2541, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator HAYES explained the Resolution.
S. 117 (Word version) -- Senators Ravenel, Branton, Grooms and Mescher: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, THE GOVERNING BODY THEREOF, AND THE MANNER IN WHICH ITS MEMBERS ARE ELECTED, SO AS TO REVISE THE AREA FROM WHICH A MEMBER OF THE BOARD SHALL BE ELECTED IN 2002 AND TO PROVIDE THAT THE GENERAL ASSEMBLY IN 2002, AND EVERY TEN YEARS THEREAFTER BASED ON THE RESULTS OF THE DECENNIAL CENSUS SHALL ALSO PROVIDE BY LAW FOR FURTHER REAPPORTIONMENT OF THE NUMBER OF THE MEMBERS OF THE BOARD WHO MUST RESIDE IN SPECIFIED AREAS TO REFLECT POPULATION CHANGES SINCE THE LAST DECENNIAL CENSUS.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator FORD proposed the following amendment (117R002.RF), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety, including the title, and inserting:
TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, THE GOVERNING BODY THEREOF, AND THE MANNER IN WHICH ITS MEMBERS ARE ELECTED, SO AS TO PROVIDE FOR TWO ADDITIONAL MEMBERS OF THE BOARD TO BE ELECTED FROM THE EAST OF COOPER AREA AS DEFINED HEREIN BEGINNING IN 2002.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. SECTION 2 of Act 340 of 1967, as last amended by Act 161 of 1995, is further amended by adding the following new paragraph at the end to read:
"In addition to the other members of the board of trustees of the Charleston County School District, there must be two additional members of the board elected from the East of Cooper area (referred to in this act as that portion of Charleston County included in former Moultrie School District No. 2 and former St. James Santee School District No. 1) beginning in 2002 for a term of four years and until their successors are elected and qualify. The additional members must be elected in the same manner other trustees are elected as provided by law."
SECTION 2. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
Senator PASSAILAIGUE desired to be recorded as voting against the adoption of the amendment.
Senator PASSAILAIGUE proposed the following amendment (117R001.ELP), which was withdrawn:
Amend the bill, as and if amended, page 2, by striking lines 4 through 9 and inserting the following:
/ (2) Notwithstanding the provisions of Sections 1, 1A, 2, and 2A of this act, beginning with the election in 2004, the successor to the member of the Board of Trustees of the Charleston County School District residing in the peninsular area of the City of Charleston (referred to in this act as that portion of Charleston County included in former School District 20) whose term expires in 2004 shall be a qualified elector residing either in the peninsular area of the City of Charleston (referred to in this act as that portion of Charleston County included in former School District 20) or the West Ashley area (referred to in this act as that portion of Charleston County included in former St. Andrews District No. 10, St. John's School District No. 9, St. Paul's School District No. 23 and James Island School District No. 3). For every election thereafter, notwithstanding the provisions of Section 2 of this act, four members of the Board of Trustees of the Charleston County School District shall be qualified electors residing in the City of Charleston/West Ashley area to include those areas referred to in this act as those portions of Charleston County included in former School District 20, St. Andrews District No. 10, St. John's School District No. 9, St. Paul's School District No. 23 and James Island School District No. 3.
(3) In addition to the provisions of subsection (1), the General Assembly in 2002, and every ten years thereafter based on the results of the official decennial census, shall also provide by local law for further reapportionment of the number of members of the board who must reside in each specified area to reflect population changes since the last decennial census." /
Renumber sections to conform.
Amend title to conform.
Senator FORD asked unanimous consent to withdraw the amendment.
There was no objection.
The amendment was withdrawn.
Senator PASSAILAIGUE desired to be recorded as voting in favor of the adoption of the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.
Senator PASSAILAIGUE desired to be recorded as voting against the third reading of the Bill.
H. 3864 (Word version) -- Rep. J.E. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE APRIL AS CHILD ABUSE PREVENTION MONTH.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 559 (Word version) -- Finance Committee: A BILL TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SOUTH CAROLINA SALES TAX ACT, SO AS TO PROVIDE THAT GROSS PROCEEDS OF SALES DO NOT INCLUDE INTEREST, FEES, OR CHARGES IMPOSED ON A CUSTOMER FOR LATE PAYMENT OF A BILL FOR ELECTRICITY OR NATURAL GAS, OR BOTH, WHETHER OR NOT SALES TAX IS REQUIRED TO BE PAID ON THE UNDERLYING BILL.
On motion of Senator MOORE, the Bill was carried over.
S. 96 (Word version) -- Senators Wilson, Courson, Richardson, Verdin, Mescher, McConnell, Reese and Branton: A BILL TO ENACT THE "SOUTH CAROLINA EXILE ACT OF 2001" INCLUDING PROVISIONS TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OFFENSES INVOLVING WEAPONS, SO AS TO PROVIDE INCREASED PENALTIES FOR AN OFFENDER WITH A PREVIOUS CONVICTION FOR A VIOLENT CRIME; TO AMEND SECTION 16-23-490, AS AMENDED, RELATING TO PENALTIES FOR POSSESSION OF A FIREARM DURING COMMISSION OF A VIOLENT CRIME, SO AS TO PROVIDE A SEPARATE OFFENSE FOR THE POSSESSION OF A FIREARM DURING AN OFFENSE INVOLVING A CONTROLLED SUBSTANCE AND TO PROVIDE A SEPARATE, MANDATORY MINIMUM TERM OF IMPRISONMENT UPON CONVICTION; TO AMEND SECTION 17-15-10, RELATING TO BAIL AND RECOGNIZANCE, SO AS TO ADD OTHER CONDITIONS OF RELEASE AND MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-15, RELATING TO THE DEPOSIT OF CASH PERCENTAGE IN LIEU OF BOND, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-30, RELATING TO THE COURT'S CONSIDERATION OF CERTAIN FACTORS WHEN MAKING A BAIL DECISION, SO AS TO PROVIDE ADDITIONAL FACTORS AND TO REQUIRE THE COURT TO CONSIDER EACH FACTOR WHEN MAKING ITS DECISION; AND TO AMEND SECTION 22-5-510, AS AMENDED, RELATING TO BOND HEARINGS, SO AS TO PROVIDE ADDITIONAL OFFENSES FOR WHICH THE MAGISTRATE MAY DENY BAIL AND TO REQUIRE THE MAGISTRATE TO OBTAIN, WHEN FEASIBLE, THE PERSON'S CRIMINAL HISTORY FROM THE ARRESTING LAW ENFORCEMENT AGENCY BEFORE CONDUCTING THE BOND HEARING AND TO PROVIDE A DEFINITION OF CRIMINAL HISTORY.
On motion of Senator GROOMS, with unanimous consent, the name of Senator GROOMS was added as a co-sponsor of S. 96.
On motion of Senator McGILL, with unanimous consent, Senators BRANTON, GROOMS, PASSAILAIGUE, LEVENTIS, DRUMMOND and McGILL were granted leave to attend a subcommittee meeting, be counted in any quorum calls and be notified of any roll call votes.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 496 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57 TO TITLE 33, SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION LOTTERY ACT"; TO PROVIDE FOR A STATE LOTTERY AND TO CREATE THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO CONDUCT THE STATE LOTTERY; TO PROVIDE FOR THE CORPORATION'S BOARD MEMBERSHIP, DUTIES, AND POWERS; TO PROVIDE FOR THE CREATION OF A LOTTERY RETAILERS ADVISORY COMMITTEE; TO PROVIDE FOR THE METHOD OF CONTRACTING WITH VENDORS AND RETAILERS; TO PROVIDE FOR THE SALE OF LOTTERY GAME TICKETS AND THE DISTRIBUTION OF PRIZES; TO PROVIDE FOR ALLOCATION OF LOTTERY PROCEEDS WHICH MUST BE USED FOR EDUCATIONAL PURPOSES AND PROGRAMS; TO PROVIDE CRIMINAL PENALTIES FOR SELLING A LOTTERY TICKET TO A MINOR, PURCHASING A LOTTERY TICKET AS A MINOR, AND DEFRAUDING OR OTHERWISE TAMPERING WITH THE LOTTERY OR MAKING MATERIAL REPRESENTATIONS IN AN APPLICATION OR REPORT IN CONNECTION WITH THE LOTTERY; TO CREATE A SOUTH CAROLINA EDUCATION LOTTERY OVERSIGHT COMMITTEE; TO PROVIDE FOR SET-OFF DEBT COLLECTION FROM PRIZE WINNINGS; TO ESTABLISH THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT INTO WHICH THE NET PROCEEDS RECEIVED FROM THE STATE EDUCATION LOTTERY MUST BE DEPOSITED AND TO PROVIDE FOR SPECIFIED PURPOSES FOR THE PROCEEDS; TO AMEND SECTION 1-3-240, RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR UNDER CERTAIN CIRCUMSTANCES, SO AS TO ADD THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO THAT PROVISION; TO ADD SECTION 2-15-63, SO AS TO PROVIDE THAT BEGINNING IN DECEMBER 2004, AND EVERY THREE YEARS THEREAFTER, THE LEGISLATIVE AUDIT COUNCIL MUST CONDUCT A MANAGEMENT PERFORMANCE AUDIT OF THE LOTTERY CORPORATION; TO AMEND SECTION 12-36-2120, RELATING TO THE EXEMPTIONS FROM THE SALES TAX, SO AS TO INCLUDE THE SALE OF A LOTTERY TICKET; AND TO AMEND SECTION 59-63-210, RELATING TO THE GROUNDS FOR WHICH A STUDENT MAY BE EXPELLED, SO AS TO PROVIDE THAT NO STUDENT UNDER EIGHTEEN YEARS OF AGE WHO UNLAWFULLY PURCHASES A LOTTERY TICKET MAY BE EXPELLED FOR THAT REASON ONLY.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senators LEATHERMAN, THOMAS, HAYES, MARTIN and RITCHIE proposed the following Amendment No. 42 (DKA\4238MM01), which was adopted:
Amend the bill, as and if amended, Section 33-57-180(A), SECTION 2, page 13, line 36, by inserting at the end:
/ The maximum salary of the chief executive officer must be an amount set by the Agency Head Salary Commission after consultation with the Office of Human Resources Management of the State Budget and Control Board. The Agency Head Salary Commission shall review the salary of the chief executive officer annually at the time it reviews other agency heads and make recommendations with respect to a salary adjustment. /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
Senator MOORE spoke on the amendment.
Senator MOORE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Drummond Ford Glover Holland Hutto Jackson Land Leventis Matthews McGill Moore O'Dell Passailaigue Patterson Pinckney Rankin Saleeby Setzler Short
Alexander Bauer Branton Courson Elliott Fair Giese Gregory Grooms Hawkins Hayes Leatherman Martin McConnell Mescher Peeler Ravenel Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
The amendment was adopted.
On motion of Senator MARTIN, with unanimous consent, Amendment No. 41A was taken up for immediate consideration.
Senators LEATHERMAN, THOMAS, HAYES, MARTIN and RITCHIE proposed the following Amendment No. 41A (496R010.HKL), which was adopted:
Amend the bill, as and if amended, Section 33-57-410(1), SECTION 2, page 34, line 37, by inserting after /corporation/ the following:
/ including a position by position enumeration of salaries, as provided in Section 30-4-40, paid by the corporation to the chief executive officer and all its other employees /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
The amendment was adopted.
Senators JACKSON and RITCHIE proposed the following Amendment No. 43E (JUD0496.020B), which was adopted:
Amend the bill, as and if amended, page 41, beginning on line 32, in Section 33-57-460(B) as contained in SECTION 2, by striking items (2) and (3) and inserting therein the following:
/ (2) thirty-eight percent for the SC HOPE Scholarship Program established pursuant to Section 33-57-480 of this chapter; however, from these funds: the University of South Carolina-Aiken and the University of South Carolina-Spartanburg must be reimbursed the total cost of tuition for those students enrolled in the associate degree nursing program; this amount is in lieu of HOPE scholarships for those eligible students;
(3) ten percent to the Department of Education to be allocated as follows:
(a) eighty percent to K-12 technology, including but not limited to computer advancements;
(b) ten percent to public libraries; and
(c) ten percent to school-based grants for pilot programs; and
(4) two percent to the Department of Education to fund homework centers; these funds must be allocated to the local school districts based on a per pupil basis and may be used for salaries for certified teachers and for transportation costs, provided that priority in the distribution of funds must be given to schools designated as below average or unsatisfactory in accordance with the Education Accountability Act. /
Amend the bill further, as and if amended, page 42, beginning on line 23, in Section 33-57-460(C) as contained in SECTION 2, by striking item (3) and inserting therein the following:
/ (3) thirty percent to the Department of Education to be allocated as follows:
(a ) ten percent to K-12 technology, including but not limited to computer advancements;
(b) twenty percent to school-based grants for pilot programs;
(c) twenty percent to the Governor's Reading Initiative;
(d) twenty percent to the Department of Education to fund homework centers. These funds must be allocated to the local school districts based on a per pupil basis and may be used for salaries for certified teachers and for transportation costs, provided that priority in the distribution of funds must be given to schools designated as below average or unsatisfactory in accordance with the Education Accountability Act;
(e) twenty percent to the Charter Schools Startup Fund; and
(f) ten percent to public libraries. /
Renumber sections to conform.
Amend title to conform.
Senator JACKSON explained the amendment.
The amendment was adopted.
Senator RITCHIE proposed the following Amendment No. 44B (JUD0496.002B), which was adopted:
Amend the bill, as and if amended, page 42, line 42, Section 33-57-470(A) as contained in SECTION 2, by striking the first sentence.
Amend the bill further, as and if amended, page 41, line 23, Section 33-47-460(A) as contained in SECTION 2, by adding at the end of subsection (A) the following:
/ Notwithstanding any other provision of law, no distribution may be made from the Education Lottery Account until net proceeds in the account exceed thirty-five million dollars. /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the amendment.
The amendment was adopted.
Senators BRANTON and HUTTO proposed the following Amendment No. 45 (PT\1388MM01), which was adopted:
Amend the bill, as and if amended, Section 33-55-160(A)(17) as contained in SECTION 2, page 11, line 8, after /problems/ by inserting:
/ . Wherever lottery games tickets are sold, a lottery retailer must post a conspicuous sign in a prominent location, inside the retailer's premises and adjacent to the point of sale, clearly warning of the dangers and risks of gambling and the odds of winning /
Renumber sections to conform.
Amend title to conform.
Senator BRANTON explained the amendment.
The amendment was adopted.
Senators O'DELL and REESE proposed the following Amendment No. 46 (SKB\18380DW01), which was adopted:
Amend the bill, as and if amended, in Section 33-57-120(5) as contained in SECTION 2, by inserting at the end after /libraries./ the following:
/ For purposes of this chapter, educational purposes and programs specifically do not include a program undertaken, authorized, or ratified by the Department of Education to distribute condoms or other forms of contraception. /
Renumber sections to conform.
Amend title to conform.
Senator O'DELL explained the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Branton Courson Drummond Elliott Fair Giese Glover Gregory Grooms Hawkins Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney Rankin Ravenel Reese Richardson Ritchie Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Verdin Waldrep Wilson
The amendment was adopted.
Senators LEATHERMAN and SETZLER proposed the following Amendment No. 47A (NBD\11527MM01), which was adopted:
Amend the bill, as and if amended, Section 33-57-440(A)(2) as located in SECTION 2, by inserting after the first sentence ending in /corporation./ the following:
/The second and succeeding years of operation of the lottery, the corporation also must pay operating expenses to the Commission on Higher Education and the Board for Technical and Comprehensive Education for the actual costs of activities related to implementation of activities and programs established by Sections 33-57-410, 33-57-470, 33-57-480, and 33-57-490. The amount of these expenses may not exceed one half of one percent of the funds programmed for scholarships pursuant to this chapter and must be distributed as follows: one third to the Commission on Higher Education and two thirds to the board for Technical and Comprehensive Education. During the first full year of operation of the lottery, one half of one percent of the funds programmed for scholarships pursuant to this chapter must be paid to the State Treasurer for deposit toward implementation of the prepaid tuition program./
Renumber sections to conform.
Amend title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senator SETZLER proposed the following Amendment No. 48 (496R006.NGS), which was adopted:
Amend the bill, as and if amended, by striking Section 33-57-460 (B)(3), as contained in SECTION 2, and inserting therein the following:
/ (3) nine percent to the Department of Education to be allocated as follows:
(a) 89 percent to K-12 school technology; and
(b) 11 percent to school-based grants for pilot programs.
(4) one percent to the State Library for public library state aid. /
Amend the bill further, as and if amended, by striking Section 33-57-460(C)(3), as contained in SECTION 2, and inserting therein the following:
/ (3) twenty-seven percent to the Department of Education to allocated as follows:
(a) 12 percent to K-12 school technology;
(b) 22 percent to school-based grants for pilot programs;
(c) 44 percent to the Governor's Reading Initiative; and
(d) 22 percent to the Charter Schools Startup Fund.
(4) three percent to the State Library for public library state aid./
Renumber sections to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
Senators JACKSON and GREGORY proposed the following Amendment No. 49C (JUD0496.004D), which was tabled:
Amend the bill, as and if amended, page 12, line 15, by adding the following:
/ Section 33-57-165. (A)(1) Outdoor advertising of lottery games or the sale of lottery tickets by the lottery corporation is prohibited. This prohibition does not apply to outdoor advertising which is visible from the main-traveled way of the interstate system, as defined in Section 57-25-120(1), and erected with the purpose of its message being read from the traveled way, to the extent that outdoor advertising is otherwise permitted along the interstate system pursuant to Article 3, Chapter 25, Title 57.
(2)(a) 'Outdoor Advertising' means an outdoor advertising sign as defined in Section 57-25-120(3).
(b) The term 'outdoor advertising' does not mean an advertisement on the outside of the lottery corporation headquarters.
(B)(1) Transit advertisements of lottery games or the sale of lottery tickets by the lottery corporation are prohibited.
(2) 'Transit Advertisements' means advertising on or within private or public vehicles and all advertisements placed at, on, or within any bus stop, taxi stand, transportation waiting area, train station, airport, or any similar location. /
Renumber sections to conform.
Amend title to conform.
Senator JACKSON explained the amendment.
At 12:37 P.M., Senator McCONNELL assumed the Chair.
Senator JACKSON continued explaining the amendment.
At 12:40 P.M., Senator MARTIN assumed the Chair.
Senator JACKSON explained the amendment.
Senator McCONNELL argued contra to the adoption of the amendment.
Senator HAWKINS spoke on the amendment.
At 1:34 P.M., the PRESIDENT assumed the Chair.
Senator HAWKINS continued speaking on the amendment.
Senator McCONNELL moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Elliott Ford Glover Holland Hutto Land Leventis Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Peeler Pinckney Rankin Ravenel Reese Saleeby Setzler Short
Alexander Bauer Courson Drummond Fair Giese Gregory Grooms Hawkins Hayes Jackson Leatherman Martin Mescher Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep Wilson
The amendment was laid on the table.
I was not present in the Senate Chamber during debate on S. 496, Amendment No. 49C. I was working on an amendment that prevented me from answering the roll call; however, I would have voted "nay".
Without changing the outcome, Senator BRANTON asked unanimous consent to make a motion that he be recorded as voting against the motion to table the amendment. Having the effect of changing the outcome, the vote was not recorded.
Pursuant to a motion by Senator SETZLER, with unanimous consent, the following correcting Amendment No. 73 (496R013.DJ) was placed in the Journal to reconcile adopted Amendments 43E and 49C:
Amend the bill, as and if amended, page 41, beginning on line 32, in Section 33-57-460(B) as contained in SECTION 2, by striking items (2) and (3) and inserting therein the following:
/ (2) thirty-eight percent for the SC HOPE Scholarship Program established pursuant to Section 33-57-480 of this chapter; however, from these funds: the University of South Carolina-Aiken and the University of South Carolina-Spartanburg must be reimbursed the total cost of tuition for those students enrolled in the associate degree nursing program; this amount is in lieu of HOPE scholarships for those eligible students;
(3) nine percent to the Department of Education to be allocated as follows:
(a) eighty-nine percent to K-12 school technology; and
(b) eleven percent to school-based grants for pilot programs;
(4) one percent to the State Library for public library state aid;
(5) two percent to the Department of Education to fund homework centers; these funds must be allocated to the local school districts based on a per pupil basis and may be used for salaries for certified teachers and for transportation costs, provided that priority in the distribution of funds must be given to schools designated as below average or unsatisfactory in accordance with the Education Accountability Act./
Amend the bill further, as and if amended, page 42, beginning on line 23, in Section 33-57-460(C) as contained in SECTION 2, by striking item (3) and inserting therein the following:
/ (3) twenty-seven percent to the Department of Education to be allocated as follows:
(a ) twelve percent to K-12 school technology;
(b) twenty-two percent to school-based grants for pilot programs;
(c) twenty-two percent to the Governor's Reading Initiative;
(d) twenty-two percent to the Department of Education to fund homework centers. These funds must be allocated to the local school districts based on a per pupil basis and may be used for salaries for certified teachers and for transportation costs, provided that priority in the distribution of funds must be given to schools designated as below average or unsatisfactory in accordance with the Education Accountability Act; and
(e) twenty-two percent to the Charter Schools Startup Fund;
(4) three percent to the State Library for public library state aid./
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
Senator ALEXANDER proposed the following Amendment No. 50 (JUD0496.040), which was adopted:
Amend the bill, as and if amended, page 48, beginning on line 33, by striking SECTION 8 in its entirety and inserting therein the following:
/ SECTION 8. Beginning in 2007 and at a minimum, every five years thereafter, the General Assembly must, by a majority vote of those present and voting in both houses, enact legislation relating to the appropriation of lottery proceeds under this chapter; this legislation must specify the priorities and purposes for which the lottery proceeds must be used and must specify amounts to be allocated for each purpose. Provisions of this chapter relating to the appropriation of lottery proceeds must not be amended in a general appropriations act but only in a separate piece of legislation solely for that purpose and by a majority vote of those present and voting in both houses of the General Assembly. /
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER explained the amendment.
Senator ELLIOTT raised a Point of Order that Amendment No. 5 was out of order inasmuch as it violated the provisions of Article III, Section 15 of the S. C. Constitution.
The PRESIDENT overruled the Point of Order.
Senator ALEXANDER resumed speaking on the amendment.
Senator ALEXANDER moved that the amendment be adopted.
The amendment was adopted.
Senator RITCHIE proposed the following Amendment No. 52 (JUD0496.032), which was adopted:
Amend the bill, as and if amended, beginning on page 33, in Section 33-57-390, as contained in SECTION 2, by striking subsections (B) and (C) in their entirety and re-lettering remaining subsections to conform.
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
Senators MARTIN and JACKSON proposed the following Amendment No. 54A (496C102.MRH), which was tabled:
Amend the bill, as and if amended, SECTION 2, page 21, after line 40, by adding a new Section to read:
/ Section 33-57-265. Lottery game tickets and shares may not be sold in a business that earns fifty percent or more of its annual gross revenues from the sale of alcoholic liquor, beer, or wine for consumption on the premises. /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
Senator RANKIN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Elliott Ford Glover Holland Hutto Land Leventis Matthews McConnell McGill Moore O'Dell Passailaigue Patterson
Rankin Reese Saleeby
Setzler Short
Alexander Bauer Branton Courson Fair Giese Gregory Grooms Hawkins Hayes Jackson Leatherman Martin Mescher Peeler Pinckney Ravenel Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Wilson
PAIRED
Waldrep (Present) Nay
Drummond (Absent) Aye
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator HUTTO argued contra to the adoption of the amendment.
Senator HUTTO moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Elliott Ford Glover Holland Hutto Land Leventis Matthews McConnell McGill Moore O'Dell Passailaigue Patterson
Peeler Pinckney Rankin
Ravenel Saleeby Setzler
Short
Alexander Bauer Branton Courson Fair Gregory Grooms Hawkins Hayes Jackson Leatherman Martin Mescher Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Wilson
Waldrep (Present) Nay
Drummond (Absent) Aye
The amendment was laid on the table.
Senator LEATHERMAN proposed the following Amendment No. 55 (DKA\4239MM01), which was adopted:
Amend the bill, as and if amended, Section 33-57-320(E), SECTION 2, page 29, line 33, by inserting at the end:
/ An additional claimant pursuant to an alleged interest in the winning ticket or share must pursue that claim through the courts subject to the Statute of Frauds. /
Renumber sections to conform.
Amend title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senator THOMAS proposed the following Amendment No. 61 (496THADV), which was tabled:
Amend the bill, as and if amended, Section 33-57-160(a)(17), page 10, line 7, by striking line 7 and inserting /dignified manner befitting the State. The corporation is limited to advertising to one-half percent of gross sales, with start up advertising expenses in the first year not to exceed three million dollars. The board must establish an /.
Renumber sections to conform.
Amend title to conform.
Senator THOMAS explained the amendment.
Senator MOORE spoke on the amendment.
Senator RYBERG argued in favor of the adoption of the amendment.
Senator RANKIN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Elliott Ford Glover Holland Hutto Land Leventis Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Pinckney Rankin Ravenel Reese Saleeby Setzler Short
Alexander Bauer Branton Courson Fair Giese Gregory Grooms Hawkins Hayes Leatherman Martin Mescher Peeler Richardson
Ritchie Ryberg Smith, J. Verne
Thomas Verdin Wilson
Waldrep (Present) Nay
Drummond (Absent) Aye
The amendment was laid on the table.
Senator SHORT proposed the following Amendment No. 60B (496R014.LHS), which was adopted:
Amend the bill, as and if amended, page 42, beginning on line 23, in Section 33-57-460(C) as contained in SECTION 2, by striking item (3) and inserting therein the following:
/ (3) twenty-seven percent to the Department of Education to be allocated as follows:
(a) twelve percent to K-12 school technology;
(b) twenty-two percent to school-based grants for pilot programs;
(c) twenty-two percent to the Governor's Reading Initiative;
(d) twenty-two percent to the Department of Education to fund homework centers. These funds must be allocated to the local school districts based on a per pupil basis and may be used for salaries for certified teachers and for transportation costs, provided that priority in the distribution of funds must be given to schools designated as below average or unsatisfactory in accordance with the Education Accountability Act;
(e) eleven percent to assist with the establishment of new magnet schools with any carryover at the end of the fiscal year to be used at the discretion of the State Department of Education; and
(f) eleven percent to assist with the establishment of new charter schools with any carryover at the end of the fiscal year to be used at the discretion of the State Department of Education;
(4) three percent to the State Library for public library state aid./
Renumber sections to conform.
Amend title to conform.
Senator SHORT explained the amendment.
Senator SHORT moved that the amendment be adopted.
The amendment was adopted.
Senator VERDIN proposed the following Amendment No. 63 (NBD\ 11534MM01), which was adopted:
Amend the bill, as and if amended, Section 33-57-160(A)(15) page 10, line 15 by inserting after /determine/ the words/ except that the corporation must not enter into an advertising or promotional contract pursuant to item (17) if the total contract amount includes a commission exceeding three percent of the contract amount; and/
Renumber sections to conform.
Amend title to conform.
Senator VERDIN explained the amendment.
Senator LAND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Elliott Glover Holland Hutto Land Leventis Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Pinckney Rankin Reese Saleeby Setzler Short
Alexander Bauer Branton Courson Giese Gregory Grooms Hawkins Hayes Jackson Leatherman Martin Mescher Peeler Ravenel Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Wilson
Waldrep (Present) Nay
Drummond (Absent) Aye
Ford (Present) Aye
Fair (Absent) Nay
The Senate refused to table the amendment. The question then was the adoption of the amendment.
The amendment was adopted.
Senators RYBERG, COURSON and WILSON proposed the following Amendment No. 64-P (496R012.WGR), which was adopted:
Amend Amendment No. 64 bearing document number (NBD\ 11539AC) by striking the amendment in its entirety and inserting:
/ Amend the bill, as and if amended, page 12, immediately after line 15 by inserting:
/ Section 33-57-165. (A) In addition to the powers and duties granted to the corporation elsewhere in this chapter, the corporation shall issue permits to private organizations exempt from taxation under 501(c)(3) to conduct raffles under the auspices of the State Lottery Education Corporation.
(B) Private organizations exempt from taxation under 501(c)(3) may apply to the corporation for a permit to conduct a raffle under the auspices of the State Education Lottery Corporation. All proceeds from a raffle after payment of prizes may be expended only for tax exempt purposes of the sponsoring organization.
(C) For purposes of this section, 'raffle' means the sale of chances for consideration, one or more of which is to be picked at random for the award of prizes.
(D) A raffle conducted in accordance with this section is deemed to be a lottery conducted by the State./
Amend the bill, further, by adding an appropriately numbered Section to read:
/ SECTION ___. Notwithstanding the provisions of Section 33-57-165, a raffle conducted by a private organization exempt from taxation under 501(c)(3) between January 1, 2001, and this act's effective date is deemed to be conducted by the State./
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the amendment.
Senator RYBERG moved that the amendment be adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Branton Courson Elliott Giese Gregory Grooms Hawkins Holland Hutto Jackson Leatherman Leventis Martin Matthews McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Pinckney Rankin Ravenel Reese Richardson Ritchie Ryberg Saleeby Setzler Thomas Wilson
Glover Land McConnell Smith, J. Verne Verdin
Waldrep (Present) Aye
Drummond (Absent) Nay
Ford (Present) Nay
Fair (Absent) Aye
The amendment was adopted.
Senators RYBERG and COURSON proposed the following Amendment No. 64 (NBD\11539AC01), which was adopted:
Amend the bill, as and if amended, page 11, immediately after line 6 by inserting:
/Section 33-57-165. (A) In addition to the powers and duties granted to the corporation elsewhere in this chapter, the corporation shall issue permits to private organizations exempt from taxation under 501(c)(3) to conduct raffles under the auspices of the State Lottery Education Corporation.
(B) Private organizations exempt from taxation under 501(c)(3) may apply to the corporation for a permit to conduct a raffle under the auspices of the State Education Lottery Corporation. An organization may not hold more than two raffles a year, and all proceeds from a raffle may be expended only for tax exempt purposes of the sponsoring organization.
(C) For purposes of this section, 'raffle' means the sale of chances for consideration, one or more of which is to be picked at random for the award of prizes.
(D) A raffle conducted in accordance with this section is deemed to be a lottery conducted by the State./
Renumber sections to conform.
Amend title to conform.
Amendment No. 64 was adopted, as perfected, and is printed as follows:
Amend the bill, as and if amended, page 11, immediately after line 6 by inserting:
/Section 33-57-165. (A) In addition to the powers and duties granted to the corporation elsewhere in this chapter, the corporation shall issue permits to private organizations exempt from taxation under 501(c)(3) to conduct raffles under the auspices of the State Lottery Education Corporation.
(B) Private organizations exempt from taxation under 501(c)(3) may apply to the corporation for a permit to conduct a raffle under the auspices of the State Education Lottery Corporation. All proceeds from a raffle after payment of prizes may be expended only for tax exempt purposes of the sponsoring organization.
(C) For purposes of this section, 'raffle' means the sale of chances for consideration, one or more of which is to be picked at random for the award of prizes.
(D) A raffle conducted in accordance with this section is deemed to be a lottery conducted by the State./
Amend the bill, further, by adding an appropriately numbered Section to read:
/ SECTION ___. Notwithstanding the provisions of Section 33-57-165, a raffle conducted by a private organization exempt from taxation under 501(c)(3) between January 1, 2001 and this act's effective date is deemed to be conducted by the State./
Renumber sections to conform.
Amend title to conform.
At 3:56 P.M., Senator McCONNELL asked unanimous consent to make a motion to prohibit the Clerk from receiving any further amendments on the Desk to S. 496 after 5:00 P.M. today, with the exception of technical and clerical amendments.
Senator MOORE objected.
On motion of Senator McCONNELL, debate was interrupted by adjournment.
On motion of Senators COURSON, PASSAILAIGUE and SETZLER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Henrietta Thomas Sanders of Columbia, S.C., beloved mother of the President of the College of Charleston and former Senator, Alexander M. Sanders, Jr., and Mrs. Retta Sanders Miller.
Senator McCONNELL moved that, when the Senate adjourns on Monday, April 16, 2001, it stand adjourned to meet next Tuesday, April 17, 2001, at 11:00 A.M., which motion was adopted.
At 3:58 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet Monday, April 16, 2001, at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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