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 prayer of the Psalmist when he prayed in Psalm 142:

"With my voice I cry to the Lord;

With my voice I make supplication to the Lord.

I pour out my complaint before him;

I tell my trouble before him.

When my spirit is faint, You know my way.

In the path where I walk they have hidden a trap for me.

Look on my right hand and see -- there is no one who takes notice of me; no refuge remains to me; no one cares for me.

I cry to You, O Lord; I say, 'You are my refuge, my portion in the land of the living.'

Give heed to my cry, for I am brought very low.

Save me from my persecutors, for they are too strong for me.

Bring me out of prison, so that I may give thanks to your name.

The righteous will surround me, for You will deal bountifully with me."
Let us pray.

Father, sometimes we imprison ourselves in our own tents-as the angel opened the prison doors at midnight for Paul and Silas (Acts 16:26). So, please open the doors of our prisons and unite us in the big tent we call the common good, which may equate with the will of God... and give us peace of mind... in Jesus' Name.
Amen!

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:

S. 680 (Word version) -- Senator Ravenel: 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.

By prior motion of Senator RAVENEL, with unanimous consent

Senators McCONNELL, RAVENEL, MESCHER, GROOMS and BRANTON desired to be recorded as voting in favor of the third reading of the Bill.

Senators PINCKNEY and PASSAILAIGUE desired to be recorded as voting against the third reading of the Bill.

H. 3290 (Word version) -- Reps. Walker, Allen, Allison, Bales, Barfield, Barrett, Battle, Breeland, G. Brown, J. Brown, R. Brown, Cato, Clyburn, Cobb-Hunter, Cooper, Davenport, Delleney, Easterday, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hosey, Howard, Jennings, Keegan, Kelley, Kennedy, Kirsh, Leach, Lee, Littlejohn, Lloyd, Lucas, Mack, Martin, McCraw, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Phillips, Quinn, Rhoad, Riser, Rivers, Rutherford, Sandifer, Scott, Sharpe, Sheheen, Simrill, Sinclair, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Townsend, Trotter, Vaughn, Webb, Weeks, Whatley, Whipper, White, Wilder, Witherspoon, A. Young, J. Young, Loftis and Askins: A BILL TO

By prior motion of Senator ALEXANDER, with unanimous consent

H. 4062 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR AN INCREASE IN THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 2001, AND ENDING JUNE 30, 2002.

By prior motion of Senator GLOVER, with unanimous consent

Having voted on the prevailing side, Senator GLOVER asked unanimous consent to make a motion to reconsider the vote whereby the Joint Resolution was given third reading.

There was no objection.

The Joint Resolution was ordered returned to the third reading Calendar.

The following Joint Resolutions, having been read the second time, were ordered placed on the third reading Calendar:

S. 692 (Word version) -- Senator Ritchie: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD EFFECTIVE JULY 1, 2001, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN WOODRUFF, SOUTH CAROLINA, TO THE CITY OF WOODRUFF.

By prior motion of Senator RITCHIE

S. 693 (Word version) -- Senator Hutto: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED BY THE KINDERGARTEN THROUGH FOURTH GRADE STUDENTS OF BARNWELL ELEMENTARY SCHOOL IN BARNWELL SCHOOL DISTRICT 45 ON SEPTEMBER 27, 28, AND 29, 2000, BECAUSE OF THE FLOODING OF THE SCHOOL BE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN PROVIDING THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

By prior motion of Senator HUTTO

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF H. 3687, THE GENERAL APPROPRIATION BILL.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the Report proposed by the Senate Finance Committee.

Senator J. VERNE SMITH proposed the following Amendment No. 19 (BEH5006.DOC), which was adopted (#1):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IA, Section 14, COMMISSION FOR THE BLIND, page 0161, line 31, by:

COLUMN 7       COLUMN 8

/   STRIKING:             (10.37)

and

INSERTING:             (15.37) /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator J. VERNE SMITH explained the amendment.

Amendment No. 19 was adopted.

At 10:40 A.M., on motion of Senator MARTIN, the Senate receded from business subject to the Call of the Chair.

At 10:59 A.M., the Senate resumed.

The Senate proceeded to a consideration of Part 1B.

Senators SETZLER and PEELER proposed the following Amendment No. 43 (SETZLER-SUPPLIES2.DOC), which was adopted (#2):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 1A, Department of Education-EIA, page 419, paragraph 1A.50, line 4, by adding:

/   Districts may not add any additional requirement not listed herein related to this reimbursement.   /

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Senator SETZLER explained the amendment.

Amendment No. 43 was adopted.

Senators PEELER and SETZLER proposed the following Amendment No. 81 (LBN03.DOC), which was adopted (#3):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 1A, Department of Education, page 420, paragraph 1A.62, line 21, by inserting after /standards./

/The State Department of Education shall revise professional development activities and programs, including professional development on the standards, the SC Reading Initiative, and programs for administrators, to include emphasis on strategies and services for students at risk of retention. The State Department of Education shall provide information on the activities and programs and measures to gauge their effectiveness to the State Board of Education and the Education oversight Committee by January 1, 2002./

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Senator PEELER explained the amendment.

Amendment No. 81 was adopted.

Senators THOMAS and FAIR proposed the following Amendment No. 51 (LBN01.DOC), which was adopted (#4):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 1A, Department of Education - EIA, page 420, paragraph 1A.68, lines 31 and 33 by striking: /and school districts/

Amend the bill further, as and if amended, page 420, paragraph 1A.68, lines 35 by striking: /and districts/

Amend the bill further, as and if amended, page 421, paragraph 1A.68, line 1, by striking: /and districts/

Amend the bill further, as and if amended, page 421, paragraph 1A.68, line 3, by striking: /and school districts/

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Senator THOMAS explained the amendment.

Amendment No. 51 was adopted.

Senators PEELER and SETZLER proposed the following Amendment No. 82 (LBN02.DOC), which was adopted (#5):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 1A, Department of Education, page 421, after line 10, by adding an appropriately numbered paragraph to read:

/ 1A._. (SDE-EIA: XI.F.3.-EOC) Of the funds appropriated to the Education Oversight Committee, the EOC, working with educators representing the State Department of Education, the public school districts and higher education institutions, shall recommend instructional interventions and a model to allocate funding for students at risk of retention. These recommendations must address the different levels of student academic risk, the utilization of health screening and diagnostic procedures, effective instructional strategies and policies, utilization of certificated and non-certificated personnel, funding and a comprehensive system for monitoring and evaluating the impact of interventions offered pursuant to the academic plan. The recommendations shall be provided to the State Board of Education, the House Committee on Education and Public Works Committee, the House Committee on Ways and Means, the Senate Education Committee and the Senate Finance Committee by January 1, 2002. /

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Senator PEELER explained the amendment.

Amendment No. 82 was adopted.

Senators HAWKINS, RITCHIE, REESE and PEELER proposed the following Amendment No. 80 (4492MM01.DOC), which was tabled:

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 5A, Commission on Higher Education, page 426, paragraph 5A.23, line 24, by deleting paragraph 5A.23 in its entirety and inserting:

/ 5A.23 (CHE: LIFE Scholarship for Two-Year Independent Institutions) In school year 2001-2002, an eligible resident student entering his first year of attendance at a two-year independent institution may not receive an annual LIFE Scholarship of more than the maximum cost of tuition at two-year regional public institutions for thirty credit hours a year or its equivalent. /

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Senator HAWKINS explained the amendment.

Senator LEATHERMAN spoke on the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

Amendment No. 80 was laid on the table.

Senator HAWKINS desired to be recorded as voting against the motion to table the amendment.

Senator RYBERG proposed the following Amendment No. 74 (NC1.DOC), which was adopted (#6):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 5A, Commission on Higher Education, page 427, paragraph 5A.26, line 10, by adding the following sentence to the end of the proviso:

/The implementation of a furlough program authorized by this provision shall be on an institution by institution basis./

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Senator RYBERG explained the amendment.

Amendment No. 74 was adopted.

Senators GROOMS and BRANTON proposed the following Amendment No. 66 (1542DW01.DOC), which was ruled out of order:

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 427, after line 16, by adding an appropriately numbered paragraph to read:

/   5A. .(CHE: ) Any student otherwise eligible to receive a LIFE Scholarship or Palmetto Fellows Scholarship who is completing his professional degree in an allied health or health sciences field where a baccalaureate degree is not offered shall remain eligible for a LIFE Scholarship or Palmetto Fellows Scholarship for the full eight semesters regardless of the institution attended if the institution is a public or independent institution of this State which a student may

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Senator GROOMS explained the amendment.

Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as it was violative of Rule 24A in that it amends or suspends permanent law.

The PRESIDENT sustained the Point of Order.

Amendment No. 66 was ruled out of order.

Senator J. VERNE SMITH proposed the following Amendment No. 35 (BEH5013.DOC), which was adopted (# 7):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 438, after line 18, by adding an appropriately numbered paragraph to read:

/ 8. . (DHHS: Reimbursement to School Districts) For the purpose of Medicaid reimbursement for FY 2001-02, rates cannot be less than the FY 2000-01 rates for therapy services provided by school districts./

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Senator J. VERNE SMITH explained the amendment.

Senator J. VERNE SMITH moved that the amendment be adopted.

Amendment No. 35 was adopted.

Senator RYBERG proposed the following Amendment No. 75 (BEH5010.DOC), which was adopted (# 8):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 438, line 19, by adding an appropriately numbered paragraph to read:

/8. . (DHHS: Provider Reimbursement Rate Report) The Department of Health and Human, in conjunction with the Office of Research and Statistics of the Budget and Control Board, shall prepare a report that compares the reimbursement rate of Medicaid providers to the reimbursement rate of the Medicare Program and the State Health Plan. This report shall be completed by January 31, 2002 and submitted to the Governor, and the Chairmen of the Senate Finance and House Ways and Means Committees./

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Senator RYBERG explained the amendment.

Senator J. VERNE SMITH moved that the amendment be adopted.

Amendment No. 75 was adopted.

Senators THOMAS, FAIR, GROOMS and VERDIN proposed the following Amendment No. 8 (8.46.DOC), which was tabled:

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 8, Department of Health and Human Services, page 437, paragraph 8.46, line 34, by inserting:

/ 8.46. (DHHS: Contraceptives) No funds appropriated to the Department may be expended to provide contraceptive drugs or devices to unmarried persons.   /

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Senator THOMAS explained the amendment.

Senator LEATHERMAN spoke on the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

Amendment No. 8 was laid on the table.

Senators THOMAS, FAIR, GROOMS and VERDIN proposed the following Amendment No. 10 (8.47.DOC), which was tabled:

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 8, Department of Health and Human Services, page 437, paragraph 8.47, line 35, by inserting:

/8.47. (DHHS: Funding for Abortions Prohibited) No funds appropriated to the Department may be expended to procure or offer abortion services.   /   Renumber sections to conform.

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Senator THOMAS explained the amendment.

Senator LEATHERMAN spoke on the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

Amendment No. 10 was laid on the table.

Senators THOMAS, FAIR, GROOMS and VERDIN proposed the following Amendment No. 9 (8.48.DOC), which was tabled:

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 8, Department of Health and Human Services, page 437, paragraph 8.48, line 36, by inserting:

/8.48. (DHHS: Prohibit Chemical Abortions) No funds appropriated in Part IA, Section 8, of this act to the Department of Health and Human Services, may be expended to provide birth control methods that cause chemical abortions.   /

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Senator THOMAS explained the amendment.

Senator LEATHERMAN spoke on the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

Amendment No. 9 was laid on the table.

Senators THOMAS, FAIR, GROOMS and VERDIN proposed the following Amendment No. 11 (9.44.DOC), which was tabled:

(Reference is the Senate Finance Committee Report)

Amend the bill, as a/nd if amended, Part IB, Section 9, Department of Health and Environmental Control, page 446, paragraph 9.44, line 13, by inserting:

/9.44. (DHEC: Contraceptives) No funds appropriated to the Department may be expended to provide contraceptive drugs or devices to unmarried persons.   /

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Senator THOMAS explained the amendment.

Senator LEATHERMAN spoke on the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

Amendment No. 11 was laid on the table.

Senator THOMAS and FAIR proposed the following Amendment No. 12 (9.NEWCHEM.DOC), which was tabled:

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 9, Department of Health and Environmental Control, page 447, line 3, by adding an appropriately numbered paragraph to read:

/9. . (DHEC: Prohibit Chemical Abortions) No funds appropriated in Part 1A, Section 9, of this act may be expended to provide birth control methods that cause chemical abortions.     /.

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Senator THOMAS explained the amendment.

Senator LEATHERMAN spoke on the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

Amendment No. 12 was laid on the table.

Senator J. VERNE SMITH proposed the following Amendment No. 22 (BEH5012.DOC), which was adopted (# 9):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 447, after line 2, by adding an appropriately numbered paragraph to read:

/ 9. . (DHEC: Use of Radiological Fees) Notwithstanding Section 13-7-85 of the 1976 Code of Laws, the Department of Health and Environmental Control is authorized to retain up to $310,000 of funds generated above monies remitted to the General Fund in FY 2000-2001 from increases in fees effective May 9, 2001./

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Senator J. VERNE SMITH explained the amendment.

Senator J. VERNE SMITH moved that the amendment be adopted.

Amendment No. 22 was adopted.

Senator J. VERNE SMITH proposed the following Amendment No. 34 (BEH5015.DOC), which was adopted (# 10):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 447, after line 2, by adding an appropriately numbered paragraph to read:

/9. .(DHEC: Head Lice) Notwithstanding any other provision of law, the Department of Health and Environmental Control is authorize to expend $200,000 in other fund accounts in order to fund the head lice program statewide./

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Senator J. VERNE SMITH explained the amendment.

Amendment No. 34 was adopted.

Senators THOMAS and FAIR proposed the following Amendment No. 52 (LBN04.DOC), which was adopted (#11):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 1, Department of Education, page 407, paragraph 1.62, line 34, by inserting after /factors/:

/such as student performance, teacher judgement, and social, emotional and physical development/

Amend the bill, as and if amended, Part IB, Section 1, Department of Education, page 407, paragraph 1.62, line 35, by inserting after /scores./:

/The State Department of Education working with the Education Oversight Committee must develop a method to supplement the PACT with diagnostic training and materials aligned to the content standards./

Amend the bill, as and if amended, Part IB, Section 1, Department of Education, page 408, paragraph 1.62, line 2, by inserting after /tests/:

/aligned with PACT/

Amend the bill, as and if amended, Part IB, Section 1, Department of Education, page 408, paragraph 1.62, line 4, by inserting after /level./:

/A third failure in the same PACT area will require retention unless the student successfully completes the end of summer assessment. The parents or student may follow the district's appeals process in accordance with 59-18-500 (C) (D). The State Board of Education shall establish regulations to define the extenuating circumstances including death of an immediate family member or severe long-term student illness, under which the requirements of 59-18-900 (D) may be waived. Students enrolled in schools rated Unsatisfactory and who fail to meet grade level standards as measured on state assessments for three succeeding years may remain on academic probation rather than being retained excluding the failure of both sections of the PACT three succeeding years unless the student demonstrates success on the end of summer assessment on both sections of the PACT./

Amend the bill further, as and if amended,

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Senator THOMAS explained the amendment.

Senator THOMAS moved that the amendment be adopted.

Amendment No. 52 was adopted.

Senators GREGORY, FORD, HAYES, HUTTO, SHORT, WALDREP, LEVENTIS, HAWKINS, McCONNELL, RAVENEL, ALEXANDER, ANDERSON, BAUER, BRANTON, COURSON, DRUMMOND, ELLIOTT, FAIR, GIESE, GLOVER, GROOMS, HOLLAND, JACKSON, LAND, LEATHERMAN, MARTIN, MATTHEWS, MCGILL, MESCHER, MOORE, O'DELL, PASSAILAIGUE, PATTERSON, PEELER, PINCKNEY, RANKIN, REESE, RICHARDSON, RITCHIE, RYBERG, SALEEBY, SETZLER, J. VERNE SMITH, THOMAS, VERDIN and WILSON proposed the following Amendment No. 44 (CATAWBA.DOC), which was adopted (#12), subsequently reconsidered and substituted with Amendment No. 44A (Adopted #12A):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 9, Department of Health and Environmental Control, page 447, line 3, by adding an appropriately numbered paragraph to read:

/   9.53. (DHEC: Catawba River Study) From funds appropriated in Part 1A, Section 9 of this act, the Director of the Department shall provide for expenses so that the Department must enter into discussions with the Secretary of the North Carolina Department of Environment and Natural Resources regarding water quality and quantity of the Catawba River and the impacts of all discharges made into the river and removal of water from the river in both the State of South Carolina and the State of North Carolina. Pending the results of the study, the Department must not issue a permit for the siting of a new waste water treatment plant that will discharge into the Catawba River until the earlier of June 30, 2002 or until the final results of the study are published. The study will allow for input from stakeholders representing each county along the watershed of the Catawba River System.     /

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Senators HUTTO and GREGORY explained the amendment.

Senator GREGORY moved that the amendment be adopted.

Amendment No. 44 was adopted.

Senator WILSON proposed the following Amendment No. 53A (3687R309.AGW.DOC), which was adopted (#13):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 10, DEPARTMENT OF MENTAL HEALTH, page 449, after line 1, by adding an appropriately numbered paragraph to read:

/10. . (DMH: Huntington's Disease) Of funds appropriated, the Department of Mental Health shall designate $150,000 for administrative and personnel costs for Huntington's Disease clinical services within the Department of Mental Health.   /

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Senator WILSON explained the amendment.

Amendment No. 53A was adopted.

Senator ALEXANDER proposed the following Amendment No. 33 (BEH5014.DOC), which was adopted (#14):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 13, DEPARTMENT OF SOCIAL SERVICES, page 453, after line 19, by adding an appropriately numbered paragraph to read:

/13. . (DSS: Adoption Services) Notwithstanding any other provision of law, the Department of Social Services shall study the feasibility of integrating adoption services into county offices in order to better manage the reduction in appropriations for the current fiscal year and to provide a stronger continuum of child welfare services at the county level. The Department may implement any changes related to location of staff and administration that it determines would save resources or improve services. Should this process prove to be more effective, and then the Department shall recommend permanent statutory language. /

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Senator ALEXANDER explained the amendment.

Senator ALEXANDER moved that the amendment be adopted.

Amendment No. 33 was adopted.

Senator MATTHEWS proposed the following Amendment No. 64 (3687R302.JWM.DOC), which was adopted (#15):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 21, Forestry Commission, page 458, by striking lines 2 through 4, and inserting the following:

/21.5. (FC: Retention of Funds from Sale of Real Estate) The State Forestry Commission is authorized to retain receipts from the sale of a tract of land consisting of ten acres or less in Orangeburg County for the utilization of land acquisition and/or the agency's capital improvement program. Notwithstanding any provision of law to the contrary, the Commission may sell this tract in any manner it deems appropriate at fair market value as determined by independent appraisal.     /

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Senator MATTHEWS explained the amendment.

Amendment No. 64 was adopted.

Senator LEATHERMAN proposed the following Amendment No. 36 (BD001.DOC), which was adopted (#16):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 24, Department of Natural Resources, page 461, by adding an appropriately numbered paragraph to read:

/24. . (DNR: Shrimp Baiting Enforcement) The Department shall allocate additional enforcement efforts during the sixty (60) day shrimp baiting period to assist existing law enforcement personnel in monitoring and enforcement of the shrimp baiting laws. Further, expenditures for other than law enforcement should not exceed thirty percent (30%) of the annual collections from the sale of shrimp baiting permits./

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Senator LEATHERMAN explained the amendment.

Senator LEATHERMAN moved that the amendment be adopted.

Amendment No. 36 was adopted.

Senators THOMAS and FAIR proposed the following Amendment No. 38 (NC10.DOC), which was adopted (#17):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 36, Department of Public Safety, page 474, paragraph 36.20, line 20, by striking /second week in August/ and inserting /second full week of September/

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Senator THOMAS explained the amendment.

Amendment No. 38 was adopted.

Senators THOMAS, LAND and FAIR proposed the following Amendment No. 26 (NC9.DOC), which was adopted (#18):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 36, Department of Public Safety, page 475, line 3, by adding an appropriately numbered paragraph to read:

/36. . (DPS: Law Enforcement Services Study) The Department of Public Safety is directed to study the advantages and disadvantages of entering into contracts and/or agreements with private firms or governmental entities for the purpose of providing law enforcement services on state right-of-way property during times of construction on that property. In studying the provision of these services, the Department must take into account the total costs incurred by the Department that are associated with the provision of the contracted law enforcement services, including the Department's share of any fringe benefit costs related to the salary of involved law enforcement officers. Upon conclusion of this study, a report shall be submitted to

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Senator THOMAS explained the amendment.

Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as it was violative of Rule 24A in that it amends or suspends permanent law.

Senators THOMAS and MARTIN spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator THOMAS moved that the amendment be adopted.

Amendment No. 26 was adopted.

Senators THOMAS and FAIR proposed the following Amendment No. 50 (REINSTATEFEE.DOC), which was ruled out of order:

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 36, Department of Public Safety, page 475, after line 3, by adding an appropriately numbered paragraph to read:

/   36. (DPS:License Suspension Reinstatement Fee Increase) The fee imposed for the reinstatement of a suspended driver's license is increased from thirty dollars to one hundred dollars. The additional seventy dollars must be placed by the Comptroller General, into a special restricted account to be used by the Department of Public Safety to defray the expenses of the Division of Motor Vehicles.   /

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Senator THOMAS explained the amendment.

Senator LEVENTIS raised a Point of Order that the amendment was out of order inasmuch as it was violative of Rule 24A in that it amends or suspends permanent law.

Senators THOMAS spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Amendment No. 50 was ruled out of order.

Senators THOMAS and FAIR proposed the following Amendment No. 59A (3687R310.DLT.DOC), which was adopted (#19):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 37, DEPARTMENT OF CORRECTIONS, page 478, paragraph 37.28, lines 4-6, by striking the proviso in its entirety and inserting the following:

/   37.28. (CORR: Reimbursement for Expenditures) The Department of Corrections may retain for general operating purposes any reimbursement of funds for expenses incurred in a prior fiscal year. /

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Senator THOMAS explained the amendment.

Senator SETZLER raised a Point of Order that the amendment was out of order inasmuch as it was violative of Rule 24A in that it amends or suspends permanent law.

Senators THOMAS spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Amendment No. 59A was adopted.

Senator RYBERG proposed the following Amendment No. 86 (10433CM01.DOC), which was adopted (#20):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 37, Department of Corrections, page 478, by adding an appropriately numbered paragraph at the end to read:

/ 37. .   (CORR: Prison Industry Service Contracts) The Director of the Department of Corrections may enter into contracts with private sector entities that would allow for inmate labor to be provided for

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Senator RYBERG explained the amendment.

Senator RYBERG moved that the amendment be adopted.

Amendment No. 86 was adopted.

Senator LEATHERMAN asked unanimous consent to make a motion to reconsider the vote whereby the motion by Senator GROOMS requesting that monies for the Bonneau Boat Landing, as contained in Proviso 72.110 totalling $600,000, be deleted from the General Appropriation Bill and the monies allocated to the First Steps to School Readiness Program, as contained in Section 1, Department of Education, was adopted.

There was no objection and the motion to reconsider was adopted.

Senator RYBERG proposed the following Amendment No. 87 (10434CM01.DOC), which was adopted (#21):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 37, Department of Corrections, page 478, by adding an appropriately numbered paragraph at the end to read:

/ 37. .   (CORR: Correctional Officer Retention Incentives) In order to positively impact the retention of qualified correctional officers, and notwithstanding any provision of law to the contrary, the Director of the Department of Corrections is authorized to expend nonappropriated funds for the purpose of providing certain services to correctional officers at no cost or at a reduced cost. These services may include, but are not limited to, the provision of haircuts, the

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Senator RYBERG explained the amendment.

Amendment No. 87 was adopted.

At 11:55 A.M., Senator LEATHERMAN asked unanimous consent to make a motion that at 12:15 P.M. no further amendments to the Bill be received on the Desk for consideration with the exception of the necessary technical and balancing amendments to be delivered and certified by the Clerk.

There was no objection and the motion was adopted.

Senator LEATHERMAN asked unanimous consent to make a motion to be granted leave to take up Amendment No. 91 for consideration when it is received on the Desk.

There was no objection and the motion was adopted.

Senators THOMAS and FAIR proposed the following Amendment 49A (56DD.36.DOC), which was ruled out of order:

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 56, Governor's Office, page 499, paragraph 56DD.36, line 32-35, by inserting:

/ 56DD.36. (GOV: SLED - Per Se) Notwithstanding any other provision of law, the State Law Enforcement Division shall not be required to implement the compulsory testimony provisions of Section 56-5-2934 of the 1976 Code, of the Illegal Per Se statutes until such time as the General Assembly is able to adequately fund the program or by June 30, 2002, whichever comes first.   /

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Senator THOMAS explained the amendment.

Senator LEVENTIS raised a Point of Order that the amendment was out of order inasmuch as it was violative of Rule 24A in that it amends or suspends permanent law.

The PRESIDENT sustained the Point of Order.

Amendment 49A was ruled out of order.

Senators THOMAS and FAIR proposed the following Amendment No. 27 (NC4.DOC), which was adopted (# 22):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 56DD, Department of Juvenile Justice, page 500, paragraph 56DD.41, line 14, by inserting at the end:

/by maintaining FY 2000-2001 funding and contract levels for victim's rights programs, marine institutes, and wilderness camps./

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Senator THOMAS explained the amendment.

Amendment No. 27 was adopted.

Senators THOMAS and FAIR proposed the following Amendment No. 28A (NC8.DOC), which was adopted (# 23):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 39, Department of Juvenile Justice, page 480, after line 13, by adding an appropriately numbered paragraph to read:

/39. . (DJJ: Reimbursements for Expenditures) Notwithstanding any other provisions of law, the Department of Juvenile Justice may retain for general operating purposes any reimbursement of funds for expenditure expenses incurred in any previous year but not received prior to the closure of current fiscal year records./

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Senator THOMAS explained the amendment.

Amendment No. 28A was adopted.

Senators THOMAS, FAIR and VERDIN proposed the following Amendment No. 62 (59.9.DOC), which was tabled:

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 59, Comptroller General's Office, page 502, paragraph 59.9, line 12, by inserting:

/ 59.9. (CG: Special Revenue Funds Transfer) The Comptroller General upon the closing of the books for fiscal year 2000-01, shall transfer to the Department of Transportation for FY 2001-02, $20,000,000 from agency earmarked subfund accounts designated "Special Revenue Funds." The Comptroller General shall determine the amount to be transferred from each agency on a pro-rata basis of the total amount of funds in these accounts at the close of the books for FY 2000-01. Colleges, universities and technical colleges are exempted from this provision. These funds must be used by the Department of Transportation to match funds to be made available from the Federal Revenue Aligned Budget Authority under the TEA-21 Act. These funds may be carried forward and expended for the purpose of matching Federal funds in the current fiscal year.   /

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Senator THOMAS explained the amendment.

Senator LEATHERMAN spoke on the amendment.

Senator RANKIN asked unanimous consent to make a motion to amend the amendment by providing that the source of funding would be through the imposition of a gasoline tax.

Senator THOMAS objected.

Senators DRUMMOND and WILSON spoke on the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

Senator MOORE, with unanimous consent, was granted leave to address the body with brief remarks.

Amendment No. 62 was laid on the table.

Senator THOMAS desired to be recorded as voting against the motion to table the amendment.

The PRESIDENT announced that the time of 12:15 P.M. had arrived and, by prior motion, no further amendments would be received by the Desk, with the exception of Amendment No. 91.

Senator McCONNELL proposed the following Amendment No. 42 (McCONNELL1.DOC), which was adopted (# 24):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 63B, Budget and Control Board, Division of Operations, page 508, paragraph 63B.1, line 4, by inserting after /Commission,/ the following:

/the Budget and Control Board, and the South Carolina Hunley Commission/

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Senator McCONNELL explained the amendment.

Amendment No. 42 was adopted.

Senators LEATHERMAN, DRUMMOND, McCONNELL, LAND, LEVENTIS, MOORE, SETZLER, RAVENEL, J. VERNE SMITH, COURSON, PEELER, WILSON and VERDIN proposed the following Amendment No. 17A (MLS01A.DOC), which was adopted (# 25):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 63A, Budget And Control Board, page 507, by adding an appropriately numbered paragraph to read:

/63A. . (BCB/DED: Southern Maritime Collection) The Budget and Control Board shall enter into negotiations with the South Carolina Historical Society to develop an agreement for the purchase of portions

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Senator LEATHERMAN explained the amendment.

Amendment No. 17A was adopted.

Senators THOMAS, FAIR, GROOMS and VERDIN proposed the following Amendment No. 13 (63G.7.DOC), which was tabled:

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 63G, Budget and Control Board, Employee Benefits, page 518, paragraph 63G.7, lines 10-12, by striking /   63G.7   / and inserting

/   63G.7. (BCB/EB: Funding Abortions Prohibited)   No funds appropriated for employer contributions to the State Health Plan may be expended to reimburse the expenses of an abortion and the State Health Plan may not offer coverage for abortion services.     /

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Senator THOMAS explained the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

Amendment No. 13 was laid on the table.

Senator HUTTO asked unanimous consent to make a motion that the Point of Order raised by Senator SHORT on Thursday, May 17, 2001, regarding Proviso 63G.7 being out of order inasmuch as it was violative of Rule 24A and violative of Section 1-11-710 of the S. C. Code of Laws, 1976, as amended, be taken up for immediate consideration.

63G.7.   (BCB/EB: Funding Abortions Prohibited) No funds appropriated for employer contributions to the State Health Insurance Plan may be expended to reimburse the expenses of an abortion, except in cases of rape, incest or where the life of the mother is in jeopardy, and the State Health Plan may not offer coverage for abortion services.

Senator SHORT spoke on the Point of Order.

The PRESIDENT overruled the Point of Order under Rule 24A and also Section 1-11-710.

Senator HUTTO appealed the Decision of the PRESIDENT.

Senator SHORT asked unanimous consent to make a motion to delete Proviso 63G.7 on p. 518 from Part 1B of the Bill.

Senator FAIR objected.

On motion of Senator HUTTO, with unanimous consent, the appeal was withdrawn.

On motion of Senator LEATHERMAN, with unanimous consent, a further amendment to Proviso 63G.7 by Senator SHORT was to be taken up for consideration when it was received on the Desk.

Senators COURSON, LAND, LEATHERMAN, MOORE, PINCKNEY, HAYES, RYBERG, GIESE, RANKIN, SETZLER, RITCHIE, McCONNELL, PEELER, J. VERNE SMITH, HOLLAND, DRUMMOND, JACKSON, WILSON, HUTTO, McGILL, SHORT, O'DELL, ANDERSON, PATTERSON, FORD and GLOVER proposed the following Amendment No. 63 (BEH5002.DOC), which was adopted (#26):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 63G, BUDGET AND CONTROL BOARD, EMPLOYEE BENEFITS, page 518,

Amend the bill further, as and if amended, page 518, paragraph 63G.8, line 17, by adding at the end: /In establishing the State Employee Adoption Program, the Budget and Control shall give first consideration to those State employees who initiated the process with the Department of Social Services prior to March 1, 2001. The Department of Social Services shall transfer to the Budget and Control Board all records pertaining to requests for adoption assistance that have not been completed. /

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Senator COURSON explained the amendment.

Amendment No. 63 was adopted.

Senator BAUER proposed the following Amendment No. 83 (5503DJC01.DOC), which was tabled:

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 63G, Budget and Control Board, page 518, by adding after line 18 an appropriately numbered paragraph to read:

/63G. .(A) Eligibility of disabled law enforcement officers for state insurance plans. All active law enforcement officers employed by an entity whose employees or retirees are eligible for state health and dental plans who were or would have been eligible for the plans upon completion of five years' service who are permanently disabled in the line of duty and not as the result of their own misconduct, as the result of an accident, injury, or disease arising out of or in the course of their employment, whose employment is terminated as a result of the disability are eligible for state health and dental insurance plans and state-paid premiums effective on the date their employment is terminated on account of the disability for so long as the disability continues.

(B)   Permanent and probationary full-time state employees and all active law enforcement officers who are temporarily disabled as a result of an assault arising out of and in the course of their employment must be placed on administrative leave with pay by their employer rather than sick leave. The period of administrative leave per incident may not exceed one hundred eighty calendar days./

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Senator LEATHERMAN moved to lay the amendment on the table.

Amendment No. 83 was laid on the table.

Senators THOMAS, RYBERG, HAYES, LAND, DRUMMOND, LEVENTIS, SHORT, HUTTO, RITCHIE, COURSON and WILSON proposed the following Amendment No. 78 (72.73.DOC), which was tabled:

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 543, paragraph 72.73, line 12, by inserting:

/72.73. (GP: Tobacco Settlement / ETV Technology) From the funds set aside in the Tobacco Settlement Economic Development Fund, three million five hundred thousand dollars are appropriated to the Educational Television Commission for purposes of providing technology-related infrastructure.   /

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Senator THOMAS explained the amendment.

Senators LEVENTIS and RITCHIE spoke on the amendment.

Senator LEATHERMAN argued contra to the adoption of the amendment.

At 12:42 P.M., Senator McCONNELL assumed the Chair.

Senator LEATHERMAN argued contra to the adoption of the amendment.

At 12:45 P.M., the PRESIDENT assumed the Chair.

Senator LEATHERMAN moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander                 Anderson                  Ford
Giese                     Glover                    Gregory
Hutto                     Jackson                   Land
Leatherman                Leventis                  Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Patterson                 Pinckney                  Rankin
Ravenel                   Saleeby                   Short
Smith, J. Verne

Bauer                     Branton                   Courson
Fair                      Grooms                    Hayes
Peeler                    Reese                     Richardson
Ritchie                   Ryberg                    Setzler
Thomas                    Verdin                    Wilson

Amendment No. 78 was laid on the table.

We voted against this amendment for the following reasons. The Chairman of the Finance Committee is of the opinion that this source of money is not appropriate for this purpose. Further, the chairman is committed to fully funding the digitization of ETV in a timely manner as a number one priority. There is a general understanding in the Senate that the digital conversion of ETV must be accomplished by July 2003. We also understand from ETV officials that the course set out by the Chairman of the Finance Committee is reasonable and will meet all demands by the FCC.

The ETV vote was a difficult one. We support the effort to go digital as it is the only way in the long term that ETV can survive. However, we were against diverting at the last minute monies for local entities going to a state agency from the settlement monies. Fiscal responsibility required saying "no" to avoid future raids and to provide an opportunity to more comprehensively deal with the challenge than by raiding a pot of money thought to be for something else.

Senator McGILL proposed the following Amendment No. 37 (BD003.DOC), which was adopted (#27):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 72, page 548, paragraph 72.110, line 32, by striking /Subfund 3035 Operating Revenue/ and inserting / 03 Earmarked Funds/

Renumber sections to conform.

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Senator McGILL explained the amendment.

Amendment No. 37 was adopted.

The PRESIDENT took up the Point of Order raised by Senator FAIR on May 17, 2001, whereby Proviso 1.66 was violative of Rule 24A inasmuch as it amends permanent law.

The PRESIDENT sustained the Point of Order and Proviso 1.66 was ruled out of order.

Senators THOMAS and FAIR proposed the following Amendment No. 1A (18539SOM01.DOC), which was ruled out of order:

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 550, after line 2, by adding an appropriately numbered paragraph to read:

/ 72. . (GP: Motorist Insurance Database)

A.   This paragraph may be cited as the 'Motorist Insurance Database Program'.

B.     As used in this paragraph, unless the context otherwise requires:

1.   'Contractor' means designated agent or the party with which the division contracts pursuant to subpart D.

2.   'Database' means the motorist insurance database described in subpart D.

3.   'Department' means the Department of Public Safety.

4.   'Designated agent' means contractor or the party with which the division contracts pursuant to subpart D.

5.   'Division' means the Division of Motor Vehicles in the Department of Public Safety.

6.   'Program' means the motorist insurance database program created in subpart D.

C.   1.   The General Assembly finds that the purpose of this paragraph is to help reduce the uninsured motorist population in this State and to measure the effectiveness of the motorist insurance database established pursuant to this paragraph.

2.   The General Assembly further recognizes that the information and data required to be disclosed by insurers in creating and maintaining the motorist insurance database is proprietary in nature. Accordingly, the parties handling this information and data must at all times maintain its confidential and proprietary nature.

3.   The motorist insurance database program is created for the purpose of establishing a database to use when verifying compliance with the motor vehicle financial security requirements as provided by law.

D. 1.a.   The motorist insurance database program shall be administered by the division. Pursuant to the South Carolina Consolidated Procurement Code, the division shall contract with a contractor who shall provide a system of transmitting data from insurance companies. The division must solicit and receive at least two bids on the contract before awarding the contract.

b.   After a contract has been entered into with a contractor, the department shall convene a working group chaired by the director of the division or his designee for the purpose of facilitating the implementation of the program, assisting in development of regulations, and coordinating a testing phase, and necessary changes identified in this testing phase, as prescribed by the working group. The working group shall consist of five representatives of the insurance industry appointed by the director of the Department of Insurance, the director of the Department of Insurance, or his designee, the director

c.   The contractor shall develop, in a manner prescribed by the department, a system to allow the transmission of data from insurance companies to the division.

d.   The department, with input from the Department of Insurance, shall promulgate regulations for administering and enforcing this paragraph. The regulations shall specify the requirements that are necessary and appropriate for commercial lines of insurance, as defined in Title 38, which shall be developed with input by the Department of Insurance.

E.   1.   If the comparison indicates that a motor vehicle is not insured, the division shall notify the owner of the motor vehicle that he has forty-five days to provide the division with one of the following, or the owner's license plates will be subject to suspension:

a.   proof of complying coverage in accordance with Section 56-10-10 or 56-10-220, or of self-insurance in accordance with Section 56-9-60; or

b.   proof of exemption from the financial security requirements.

2.   A letter from an insurer or agent verifying that the person had the required motor vehicle insurance coverage on the date specified is considered proof of financial responsibility for purposes of this section. This letter may be mailed to the division.

3.   The provisions of this subpart take effect no later than June 30, 2002.

F. 1.   The division, for a fee as prescribed and promulgated by regulation, shall disclose an individual's reported insurance coverage upon request by the following individuals and agencies only:

a.   the individual;

b.   the parent or legal guardian of an individual who is an unemancipated minor;

c.   the legal guardian of an individual who is legally incapacitated;

d.   any person who has power of attorney from the individual;

e.   any person who submits a notarized release from the individual that is dated no more than ninety days before the date the request is made;

f.   any person suffering loss or injury or against whom a claim is made for loss or injury in a motor vehicle accident in which the individual is involved, but only as part of an accident report authorized in Section 56-9-351;

g.   the office of the state auditor, for the purpose of conducting any audit authorized by law;

h.   any state or local government agency investigating, litigating, or enforcing the person's compliance with the financial security requirements; or

i.   persons regulated under Title 38 of the 1976 Code for the purposes of paying or adjudicating claims, and preventing fraud or abuse.

2.   The funds collected from the fee described in subpart F. 1. shall be transferred by the Comptroller General to the Department of Public Safety to be used by the division of Motor Vehicles for other operating expenses of the division as provided in Section 36, subarticle 11, subitem C, page 233, line 8 of the Appropriations Act.

3.   The State is not liable to any person for gathering, managing, or using information in the database pursuant to this paragraph.

4.   No insurer is liable to any person for performing its duties under this paragraph unless, and to the extent, the insurer commits a wilful and wanton act or omission.

5.   Insurers shall be required to pay only those actual costs attributed to the transmission to or retrieval of their records from the division, pursuant to regulations promulgated by the Department of Insurance. The funds collected from the insurers pursuant to subpart F.5. shall be transferred by the Comptroller General to the Department of Public Safety to be used by the Division of Motor Vehicles for other operating expenses of the division as provided in Section 36, subarticle 11, subitem C, page 233, line 8 of the Appropriations Act.

G.   This paragraph shall not supersede other actions or penalties that may be taken or imposed for violation of the financial security requirements as provided by law."

H.   Notwithstanding the provisions of Section 56-10-553 of the 1976 Code, as amended:

1.   The Department of Public Safety must collect data and maintain statistics on the total number of vehicles registered in the State as of June thirtieth of each year, the number of motorists who voluntarily paid the five hundred and fifty dollar fee at the time of registration during the fiscal year, the number of motorists who paid the penalty fee after being detected by the Department of Public Safety as being uninsured during the fiscal year, the number of certificates of insurance filed during the fiscal year, the net revenue collections for these fees by the fiscal year, the net funds available in the Uninsured

2.   The Department of Public Safety must suspend the provisions of Section 56-10-553 (B) and (C) when the provisions of this paragraph have become effective.

3.   The Department of Public Safety must provide an annual report to the General Assembly containing the information required in subpart H of this paragraph.

I.   The provisions of this paragraph take effect no later than June 30, 2002. /

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Senator THOMAS explained the amendment.

Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as it was violative of Rule 24A in that it amends or suspends permanent law.

The PRESIDENT sustained the Point of Order.

Amendment No. 1A was ruled out of order.

Senators THOMAS and FAIR proposed the following Amendment No. 2A (18538SOM01.DOC), which was ruled out of order:

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 550, after line 2, by adding an appropriately numbered paragraph to read:

/ 72.__. (GP: Temporary Tags)

A.   Notwithstanding the provisions of Section 56-3-210 of the 1976 Code, unless the purchaser of a motor vehicle has transferred a license plate pursuant to Section 56-3-1290 or has a license plate to transfer to a newly purchased vehicle, a dealer of new or used motor vehicles must issue to the purchaser at the time of sale of a motor vehicle a temporary license plate that must contain the dealer's name, location, and the expiration date of the period within which the purchaser is required to register the motor vehicle pursuant to subpart C of this paragraph. The expiration date may not extend past forty-five days from the date of purchase. A bill of sale must be maintained in the

B.   If a person obtains a motor vehicle from a party other than a dealer, the person must:

1.   transfer a license plate from another vehicle pursuant to Section 56-3-1290;

2.   purchase a new license plate and registration; or

3.   purchase a temporary license plate before operating the vehicle on the highway during the forty-five-day period prescribed in this section. The department must insert clearly and indelibly on the face of the temporary license plate the date of issuance, the date of expiration, the make, and identification number of the motor vehicle for which it is issued and other information the department may require. A bill of sale must be maintained in the vehicle at all times to verify the date of purchase to law enforcement. A law enforcement officer has the right to stop a vehicle with a temporary license plate and check the vehicle's bill of sale. The bill of sale must provide a description of the vehicle, the name(s) and address(es) of the seller(s) and purchaser(s) and the date of sale. The expiration date may not extend past forty-five days from the date of purchase. The department shall charge a fee of seven dollars for the temporary license plate which shall be transferred by the Comptroller General to the Department of Public Safety to be used by the Division of Motor Vehicles for other operating expenses of the division as provided in Section 36, subarticle 11, subitem C, page 233, line 8 of the Appropriations Act.

C.     If a person intends to transfer a license plate from another vehicle, he may place the plate to be transferred on the newly acquired vehicle on the date of purchase. The bill of sale and the registration corresponding to the license plate must be maintained in the newly acquired vehicle at all times to verify the date of purchase to law enforcement. The person must complete the transfer to obtain a new registration card with the DMV within forty-five days from date of purchase. A person must replace a temporary license plate issued pursuant to subpart A or B with a permanent license plate and

D.   Section 56-3-220 of the 1976 Code is suspended for the current fiscal year. /

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Senator THOMAS explained the amendment.

Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as it was violative of Rules 24A and 24B in that it amends or suspends permanent law.

The PRESIDENT sustained the Point of Order.

Amendment No. 2A was ruled out of order.

Senators THOMAS and FAIR proposed the following Amendment No. 3A (18537SOM01.DOC), which was ruled out of order:

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 550, after line 2, by adding an appropriately numbered paragraph to read:

/ 72. . (GP. Notification by Insurer)

A.   Notwithstanding the provisions of Section 56-10-40 of the 1976 Code, as amended, every insurer writing automobile liability insurance in this State and every provider of other security approved and accepted by the director or his designee in lieu of such insurance shall notify the department in a manner prescribed by regulation of the lapse or termination of any such insurance or security during the immediately preceding month.

The insurer must also give notice as prescribed by regulation of all policies written for the first time, renewals of all policies, and

B.     Notwithstanding the provisions of Section 56-10-240 of the 1976 Code, as amended, if, during the period for which it is licensed, a motor vehicle is or becomes an uninsured motor vehicle, then the vehicle owner immediately shall obtain insurance on the vehicle or within five days after the effective date of cancellation or expiration of his liability insurance policy surrender the motor vehicle license plates and registration certificates issued for the motor vehicle. After the last day to pay an automobile liability insurance premium, whether it is the premium due date or a grace period that is granted customarily or contractually a motor vehicle is an uninsured motor vehicle, the insurer shall give notice in a manner prescribed by the working group identified in Section 56-10-640(A)(2), to the department of all cancellations or refusals to renew.

The insurer must also give notice in a manner prescribed by regulation of all policies written for the first time and all renewals of policies. Insurers with one thousand or fewer policies shall be permitted to report in a manner acceptable to the working group as identified in Section 56-10-640(A)(2).

2.   The department, in its discretion, may authorize insurers to utilize alternative methods of providing notice of cancellation, refusal to renew, new policies written, and renewals to the department. The department may not reissue registration certificates and license plates for that vehicle until satisfactory evidence has been filed by the owner or by the insurer who gave the cancellation or refusal to renew notice to the department that the vehicle is insured. Upon receiving information to the effect that a policy is canceled or otherwise terminated on a motor vehicle registered in South Carolina, the department shall suspend the license plates and registration certificate and shall initiate action as required within fifteen days of the notice of cancellation to pick up the license plates and registration certificate. A person who has had his license plates and registration certificate suspended by the department, but who at the time of suspension possesses liability insurance coverage sufficient to meet the financial

3.   If the vehicle owner unlawfully refuses to surrender the suspended items as required in this article, the department through its designated agents or by request to a county or municipal law enforcement agency may take possession of the suspended license plates and registration certificate and may not reissue the registration until proper proof of liability insurance coverage is provided and until the owner has paid a reinstatement fee of two hundred dollars. A person who voluntarily surrenders his license plates and registration certificate before their suspension shall not be charged a reinstatement fee. Monies received from the reinstatement fee shall be transferred by the Comptroller General to the Department of Public Safety to be used by the Division of Motor Vehicles for operating expenses of the division as provided in Section 36, subarticle 11, subitem C, page 233, line 8 of the Appropriations Act.

4.   A person wilfully failing to return his motor vehicle license plates and registration certificates as required in this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

a.   for a first offense, fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for thirty days;

b.   for a second offense, fined two hundred dollars or imprisoned for thirty days, or both;

c.   for a third and subsequent offense, imprisoned for not less than forty-five days nor more than six months.

5.   Only convictions which occurred within ten years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section.

C.   This paragraph takes effect one hundred eighty days after the letter of certification by the department to the President Pro Tempore of the Senate and the Speaker of the House of Representatives that the program has been implemented and is fully prepared to accept data transmitted by the insurers or publication of the final regulations by the department; however, the paragraph must take effect by June 30, 2002./

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Senator THOMAS explained the amendment.

Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as it was violative of Rule 24A in that it amends or suspends permanent law.

The PRESIDENT sustained the Point of Order.

Amendment No. 3A was ruled out of order.

Senators THOMAS and FAIR proposed the following Amendment No. 4A (10396HTC01.DOC), which was ruled out of order:

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 550, by adding an appropriately numbered paragraph to read:

/ 72. . (GP: Proof of auto liability insurance - uninsured vehicles) For the current fiscal year, and as required, from funds appropriated for the operation of the Department of Public Safety in Section 36 of Part IA of this act:

A.   Notwithstanding the provisions of Section 56-10-225(C) of the 1976 Code, a charge alleging violation of Section 56-10-225(A) of the 1976 Code (maintaining proof of insurance) must be dismissed if the person provides proof to the court that the vehicle was insured on the date of the stop. Upon notice of conviction under Section 56-10-225(A) of the 1976 Code, the Department of Public Safety shall suspend the owner's driver's license until satisfactory proof of insurance is provided. If at any time the Department of Public Safety determines that the vehicle was without insurance coverage, the owner's registration and driving privileges must be suspended pursuant to Section 56-10-520 of the 1976 Code.

B.   The provisions of Section 56-10-225(D) of the 1976 Code are suspended.

C.   Notwithstanding the penalty otherwise applicable for a person convicted of the offense in Section 56-10-520 of the 1976 Code of operating an uninsured motor vehicle and, while not the titled owner, knows the required fee for operating an uninsured motor vehicle has

D.   The provisions of Section 56-10-270 of the 1976 Code are suspended. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator THOMAS explained the amendment.

Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as it was violative of Rule 24A in that it amends or suspends permanent law.

The PRESIDENT sustained the Point of Order.

Amendment No. 4A was ruled out of order.

Senator WILSON proposed the following Amendment No. 56 (11771AC01.DOC), which was ruled out of order:

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, temporary provisions, Section 72, General and Temporary, page 550, after line 2, by adding an appropriately numbered paragraph to read:

/72. .   Notwithstanding the provisions of Section 12-28-2910, amounts otherwise due to be credited to the South Carolina Coordinating Council for FY 2001-2002 must instead be credited to the State Highway Fund./

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator WILSON explained the amendment.

Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as it was violative of Rule 24A in that it amends or suspends permanent law.

The PRESIDENT sustained the Point of Order.

Amendment No. 56 was ruled out of order.

Having voted on the prevailing side, Senator HAWKINS moved to reconsider the vote whereby Amendment No. 44 was adopted (#12).

Senator LEVENTIS spoke on the motion.

Senator HAYES explained the amendment.

A roll call vote was ordered.

On motion of Senator GREGORY, with unanimous consent, the request for a roll call vote was withdrawn.

On motion of Senator HAYES, with unanimous consent, the adoption of Amendment No. 44 was reconsidered and Amendment No. 44A was substituted for Amendment No. 44 and taken up for immediate consideration.

Senators GREGORY, FORD, HAYES, HUTTO, SHORT, WALDREP, LEVENTIS, HAWKINS, McCONNELL and RAVENEL

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 9, Department of Health and Environmental Control, page 447, line 3, by adding an appropriately numbered paragraph to read:

/   9.___ (DHEC: Catawba River Study) From funds appropriated in Part 1A, Section 9 of this act, the Director of the Department shall provide for expenses so that the Department must enter into discussions with the Secretary of the North Carolina Department of Environment and Natural Resources regarding water quality and quantity of the Catawba River and the impacts of all discharges made into the river and removal of water from the river in both the State of South Carolina and the State of North Carolina. Pending the results of the study, the Department must not issue a permit for the siting of a new waste water treatment plant that will discharge into the Catawba River until June 30, 2002 or until the final results of the study are published, whichever occurs first. The study will allow for input from stakeholders representing each county along the watershed of the Catawba River System.   /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator HAYES explained the amendment.

Amendment No. 44A was adopted.

Senators WILSON and THOMAS proposed the following Amendment No. 5 (18529HTC01.DOC), which was amended and adopted (#28):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 27, Department of Commerce, page 464, paragraph 27.15, by inserting on line 20:

/ Of these proceeds that are carried forward, the sum of $150,000 must be allotted to the Department of Public Safety and used by the Department of Public Safety to purchase an aircraft. /

Renumber sections to conform.

Amend sections, totals and title to conform.

On motion of Senator WILSON, with unanimous consent, Amendment No. 89 was taken up for immediate consideration.

Senator LEVENTIS proposed the following Amendment No. 89 (3687R310.PPL), which was adopted (# 28A):

(Reference is the Senate Finance Committee Report)

Amend Amendment No. 5, by striking the amendment in its entirety and by inserting the following:

/ Amend the Bill, as and if amended, Part IB, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 475, after line 2, by adding an appropriately numbered paragraph to read:

/ 36. . (DPS_) Of funds carried forward by the Department of Public Safety, $150,000,shall be used to purchase aircraft./

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator WILSON explained the amendment.

Senator LEVENTIS spoke on the amendment.

Amendment No. 89 was adopted.

Amendment No. 5, as amended by Amendment No. 89, was adopted.

Senator SHORT proposed the following Amendment No. 90 (3687R311.LHS.DOC), which was not adopted:

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 63G, BUDGET AND CONTROL BOARD, page 518, PARAGRAPH 63G.7, lines 10-12, by striking the proviso in its entirety.

Renumber sections to conform.

Amend sections, totals and title to conform.

Senators LEATHERMAN and SHORT explained the amendment.

Senator LEATHERMAN moved that the amendment be adopted.

Senator FAIR argued contra to the adoption of the amendment.

Amendment No. 90 was not adopted.

Senators THOMAS and FAIR proposed the following Amendment No. 7 (10342HTC01.DOC), which was adopted (#29):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 547, paragraph 72.106, by adding immediately after /kindergartens/ on line 18 / and early childhood education programs /

Amend sections, totals and title to conform.

Senator THOMAS explained the amendment.

Senator THOMAS moved that the amendment be adopted.

Amendment No. 7 was adopted.

Senator LEATHERMAN proposed the following Amendment No. 91 (BD036bal4.DOC), which was adopted:

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 23, line 2, by:

COLUMN 7       COLUMN 8

/   STRIKING:               32,618,646         29,618,646

and

INSERTING:                 39,618,646         36,618,646/

Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 22, after line 26, by inserting:

COLUMN 7       COLUMN 8

/   Homework Centers           2,000,000         2,000,000

Instructional Materials-Low
Performing Schools           2,464,739         2,464,739/

Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 22, after line 26, by inserting:

COLUMN 7       COLUMN 8

/   Teacher Salary Unsatis-
factory Districts             3,200,000         3,200,000/

Amend the bill further, as and if amended, Part IA, Section 21, FORESTRY COMMISSION, page 181, line 28, by:

COLUMN 7       COLUMN 8

/   STRIKING:               -1,831,864         -1,831,864

and

INSERTING:                 -1,331,864         -1,331,864/

Amend the bill further, as and if amended, Part IA, Section 26, PARKS, RECREATION & TOURISM, page 205, line 12, by:

COLUMN 7       COLUMN 8

/   STRIKING:               -4,000,000         -4,000,000

and

INSERTING:                 -2,590,000         -2,590,000/

Amend the bill further, as and if amended, Part IA, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 236, after line 36, by inserting:

COLUMN 7       COLUMN 8

/   SPECIAL ITEMS:

Hunley Security               110,000           110,000/

Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF CORRECTIONS, page 253, line 34, by:

COLUMN 7       COLUMN 8

/   STRIKING:               -38,326,221         -38,326,221

and

INSERTING:                 -35,826,221         -35,826,221/

Amend the bill further, as and if amended, Part IA, Section 63G, B&C BOARD-EMPLOYEE BENEFITS, page 377, line 24, by:

COLUMN 7       COLUMN 8

/   STRIKING:               58,819,523         58,819,523

and

INSERTING:                 65,819,523         65,819,523/

Amend the bill further, as and if amended, Part IA, Section 69A, AID TO SUBDIVISIONS-COMPTROLLER GENERAL, page 388, by inserting on line 5 opposite

COLUMN 7       COLUMN 8

/   Personal Property Tax
Relief Fund                 13,000,000         13,000,000/

Amend the bill further, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 409, after line 10, by adding an appropriately numbered paragraph to read:

/ (SDE: Teacher Bonuses and Increases, Unsatisfactory School Districts) Funds appropriated in Part IA Section 1, XV, Teacher Salary and Fringe shall be allocated to schools designated as unsatisfactory. The allocation must be based on the school's 135-day count of average daily membership for the second preceding fiscal year and in inverse proportion to the school district's index of taxpaying ability. Funds must be used by the school district to provide first year contract signing bonuses or salary increases in order to recruit and/or retain quality certified classroom teachers. No local match is required. The Department of Education shall annually make available a report outlining the use of these funds and their impact on the districts designated as unsatisfactory. /

Amend the bill further, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 409, after line 10, by adding an appropriately numbered paragraph to read:

/ (SDE: Critical Need Certification/Displaced Employees) The Department of Education is directed to give priority in the Critical Needs Certification program to the recruitment of qualified State employees impacted by reduction in force actions of agencies. The Student Loan Corporation is directed to give priority in the Career-Changer Loan program to qualified State employees. The Department of Education shall work with the Office of Human Resources and the personnel offices of State agencies instituting a reduction in force to advertise and inform employees of this program and State agencies shall work with the Department in this effort. /

Amend the bill further, as and if amended, Part IB, Section 15, DEPARTMENT OF ARCHIVES AND HISTORY, page 454, lines 24-25, paragraph 15.5, by striking the proviso in its entirety.

Amend the bill further, as and if amended, Part IB, Section 27, DEPARTMENT OF COMMERCE, page 465, lines 22-24, paragraph 27.23, by striking the proviso in its entirety.

Amend the bill further, as and if amended, Part IB, Section 54, LEGISLATIVE DEPARTMENT, page 493, lines 22-29, paragraph 54.46, by striking the proviso in its entirety and inserting:

/ 54.46.   (LEG: Merge LIS & LPITR) The Office of Legislative Information Systems (LIS) is merged into Legislative Printing and Information Technology Resources (LPITR) as soon as practical but no

Amend the bill further, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 545, lines 30-35 and page 546, lines 1-12, paragraph 72.90, by striking the proviso in its entirety.

Amend the bill further, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 548, paragraph 72.109, after line 27, by inserting:

/   If at any time the Extended Care Maintenance Fund is insufficient due to a reduction in funding of $38.5 million as appropriated in the Fiscal Year 2001-02 budget to cover the costs of the uses of the fund, the State shall be solely and exclusively responsible for repaying an amount not to exceed $38.5 million to restore funding to the Extended Care Maintenance Fund. /

Amend the bill further, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 548, lines 28-36, page 549, lines 1-35 and page 550, lines 1-2, paragraph 72.110, by striking the proviso in its entirety and by inserting:

/   72.110.   (GP: Non-recurring Appropriations) (A) The sources of general fund revenues appropriated in this provision are as follows:

1.   Department of Health and Human Services: $1,500,000 must be transferred to the General Fund from Subfund 3035 Operating Revenue;

2.   Department of Health and Environmental Control: $2,750,000 must be transferred to the General Fund from Section 48-2-10, Environmental Fee Fund; Sections 44-96-176 (L), 44-96-170 (P), 44-96-170 (R) Waste Tire Fund; and Sections 44-96-180 (W) (1), 44-96-160 (W) (2) Petroleum Fund;

3.   Department of Natural Resources: $1,000,000 must be transferred to the General Fund from "03 Earmarked Funds;"

4.   Budget and Control Board, Division of Operations, Office of Insurance Services: $12,000,000 must be transferred to the General Fund from Tobacco Settlement funds;

5.   Budget and Control Board: $1,500,000 must be transferred to the General Fund from agency Special Revenue funds;

6.   State Treasurer's Office: $750,000 must be transferred to the General Fund from Excess Debt Service collected pursuant to Act 522 of 1992;

7.   State Treasurer's Office: $3,437,401 must be transferred to the General Fund from FY 2000-01 appropriations Debt Service;

8.   Department of Education: $32,000,000 must be transferred to the General Fund from the FY 2000-01 First Steps program;

9.   Department of Education: $2,200,000 must be transferred to the General Fund from FY 2000-01 appropriations for Health and Dental Part-Time Teachers,

10.   Department of Education: $2,500,000 must be transferred to the General Fund from FY 2000-01 appropriations for Deferred Compensation Match for Teachers,

11.   Department of Education: $2,500,000 must be transferred to the General Fund from FY 2000-01 appropriations for Principals & Teachers On-Site;

12.   Department of Education: $1,800,000 must be transferred to the General Fund from FY 2000-01 appropriations for Alternative Schools;

13.   $6,700,000 in lapsed general fund appropriations by changing from Fiscal Year 2000-2001 to Fiscal Year 2001-2002 the accounting for the July, 2001 distribution pursuant to S.C. Code of Laws Sections 23-9-410 and 38-45-60.

The $70,637,401 above listed funds are transferred or lapsed, as appropriate, to the general fund of the State, and by this provision, these transfers or lapses are deemed to have occurred and, notwithstanding any other provision of law, these general fund revenues are available for appropriation as provided in this paragraph. Any restrictions concerning specific utilization of these funds are lifted for the specified fiscal year.

(B)   From the revenue sources identified above, there is appropriated or transferred for the fiscal year beginning July 1, 2001, and ending June 30, 2002, from the General Fund of the State, the following sums for the purposes stated:

1.   General Reserve Fund Contribution: $2,285,711;

2.   Department of Education:

a.   $7,000,000 for Summer School & Compensatory Remediation Program Annualization and Expansion,

b.   $9,000,000 for Modernize Vocational Equipment,

c.   $1,857,385 for Continuum of Care, and

d.   $3,500,000 for Lead Principal/Curriculum Specialist

e.   $976,390 for Technology - Low Performing Schools;

3.   Arts Commission: $200,000 for Partnership/Community Cultural Development Grants;

4.   Commission on Higher Education:

a.   $600,000 for GEAR-UP,

b.   $2,500,000 for EPSCOR,

c.   $50,000 for Leadership Conference,

d.   $1,716,174 for Performance Funding, and

e.   $2,760,000 for Academic Endowment Incentive;

5.   University of South Carolina - Columbia Campus:

a.   $200,000 for Small Business Development Center and

b.$1,000,000 for Materials Research Science & Engineering Center (Nano Technology);

6.   Medical University of South Carolina: $10,000 for Alzheimer's Research;

7.   Department of Health and Human Services: $25,516,491 for Medicaid program;

8.   Department of Parks, Recreation and Tourism: $2,000,000 for Alternative Funding;

9.   Election Commission: $2,197,250 for Statewide Primary Elections;

10.   Legislative Printing: $168,000 for Special Session Costs;

11.   Budget and Control Board, Retirement Division: $100,000 for State Employee Adoption Assistance Program;

12.   Aid to Subdivisions - Comptroller General: $7,000,000 for Personal Property Tax Relief.

The appropriations in this provision are contingent based on the availability of $70,637,401 in general fund revenue and therefore all items are to be funded on a pro-rata basis should revenue fall below the anticipated amount. Unexpended funds appropriated pursuant to this part may be carried forward to succeeding fiscal years and expended for the same purposes. No appropriation in this provision may be paid before the later of September 1, 2001, or the date the Comptroller General closes the state's books on fiscal year 2000-01. /

Amend the bill further, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 550, after line 2, by adding an appropriately numbered paragraph to read:

/(GP: Other Funds Reduction) Notwithstanding any other provision of law, the sources of general fund revenues appropriated in this provision are as follows.

A01   The Senate   $   4,905

A05   The House of Representatives   1,923

A15   Legislative Council   13,295

B04   Judicial Department   11,272

D10   Governor's Office - SLED   571,067

D17   Governor's Office - OEP   1,826,288

E08   Secretary of State   7,688

E16   State Treasurer's Office   30,333

E20   Attorney General's Office   167,917

E24   Adjutant General's Office   69,270

E28   Election Commission   164,693

F05   B&C Bd. - Division of Executive Director   63,839

F07   B&C Bd. - Division of Operations   3,225,907

F09   B&C Bd. - Division of Budget & Analyses   140,004

F11   B&C Bd. - Division of Regional Development   260,026

H03   Commission on Higher Education   2,477

H63   Department of Education   422,405

H67   Educational Television Commission   409,096

H71   Wil Lou Gray Opportunity School   11,638

H73   Vocational Rehabilitation   1,606,101

H75   School for the Deaf & the Blind   29,120

H79   Department of Archives & History   50,682

H91   Arts Commission   21,636

H95   Museum Commission   21,058

J02   Department of Health & Human Services   4,281,393

J04   Department of Health & Environmental
Control   872,654

J12   Department of Mental Health   2,114,484

J16   Department of Disabilities & Special Needs   955,726

J20   Department of Alcohol & Other Drug Abuse
Services   24,472

K05   Department of Public Safety   1,748,129

L04   Department of Social Services   2,011,604

L12   John de la Howe School   88,515

L24   Commission for the Blind   14,722

L32   Housing Authority   176,681

L36   Human Affairs Commission   20,415

N04   Department of Corrections   308,275

N08   Department of Probation, Parole & Pardon
Services   383,201

N12   Department of Juvenile Justice   247,916

P12   Forestry Commission   233,049

P16   Department of Agriculture   135,034

P24   Department of Natural Resources   2,042,243

P26   Sea Grant Consortium   6,316

P28   Department of Parks, Recreation & Tourism   303,095

P32   Department of Commerce   914,433

R04   Public Service Commission   154,191

R08   Workers' Compensation Commission   133,052

R12   State Accident Fund   4,408

R20   Department of Insurance   63,347

R23   Board of Financial Institutions   135,767

R28   Department of Consumer Affairs   13,325

R36   Department of Labor, Licensing &
Regulation   554,864

R44   Department of Revenue   683,185

R52   State Ethics Commission   1,927

R60   Employment Security Commission   1,269,246

X50   Department of Transportation   5,562

Total   $29,033,871

Agencies are directed to transfer the amounts listed above from earmarked and restricted sub-fund accounts designated as "Special Revenue Funds" to the General Fund. The transfers shall take place within the first quarter of FY 2001-02. The transferring agency shall have complete discretion as to which specific earmarked and restricted accounts are utilized to effectuate this transfer; however, in the transfer of such funds, all relevant federal rules and regulations, to include cost allocation plans, must be taken into consideration in determining which funds are transferred.

From the revenue sources identified above, there is appropriated or transferred for the fiscal year beginning July 1, 2001, and ending June 30, 2002, from the General Fund of the State, the following sums for the purposes stated.

E24   Adjutant General:

Horse Guard and Caisson Detachment   $ 100,000

Water Tanks   50,000

F30   Budget and Control Board-Employee Benefits:

Separation Assistance   1,500,000

H03   Commission on Higher Education:

Performance Funding   20,000,000

H38   USC - Salkehatchie Campus:

Leadership Center   125,000

H63   Department of Education:

Technology - Low Performing Schools   1,023,610

Instructional Materials - Low Performing Schools   35,261

J12   Department of Mental Health

General Operating   500,000

VA Nursing Home   2,600,000

N04Department of Corrections:

General Operating   2,500,000

P28   Department of Parks, Recreation & Tourism:

Hunley HVAC100,000

P32   Department of Commerce:

Technology Alliance   200,000

Export Consortium   200,000

World Trade Center   100,000

Total   $29,033,871/

Amend the bill further, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 550, after line 2, by adding an appropriately numbered paragraph to read:

/ (GP: Retirement Service Credit - Health Insurance) (A) When certified in writing by an agency director that a state employee has been terminated as a result of an agency reduction in force caused by a mandated reduction in the agency budget, and the terminated employee does not have sufficient creditable service to qualify for service retirement with an immediate annuity, including early retirement pursuant to Section 9-1-1515 of the 1976 Code, but is eligible to establish service credit sufficient to allow the employee to retire under service retirement with an immediate annuity and the amount of service credit required to be established is three years or less, then the terminated employee is eligible to have his employer, by means of an employer contribution, make the payment to establish credit for the employee. To be eligible to have this employer paid contribution, the employee must retire. Employer contributions made pursuant to this paragraph are deemed to be made pursuant to Section 9-1-1140(H) or 9-11-50(H) of the 1976 Code. Notwithstanding the provisions of Section 1-11-730 of the 1976 Code, or any other provision of law, persons for whom service credit is purchased by their employer pursuant to this subparagraph qualify for state-paid health and dental insurance.

(B)   A state employee terminated after December 31, 2000, for the reasons and with the certification provided in subparagraph (A) who, as of July 1, 2001, is not receiving a service retirement annuity under SCRS or SCPORS, and who meets the creditable service requirements

(C)   When certified by an agency director that a state employee participating in a state health and dental insurance plan is terminated because of an agency reduction in force caused by a mandated reduction in the agency budget, then the terminated employee must continue to receive health and dental insurance plan coverage the employee carried while employed. The coverage must be continued for a period not to exceed three months after the date of termination or until the former employee has obtained substantially equivalent coverage, whichever occurs first. During the three-month period of coverage, the full amount of both the employer and employee share of premium must be paid by the agency from funds made available to the agency for this purpose.

(D)   Notwithstanding any other provision of law, any state employee who qualifies per subparagraph (B), whose state service lapses for more than fifteen days during either FY 2000-2001 or FY 2001-2002 and who is subsequently re-employed in state government within a two year period must have his state employment benefits calculated as if there had been no break in state service. After re-employment an employee has the option to purchase the retirement service credit for this period of time as an approved leave of absence. Within thirty days of being re-employed an employee also has the option to repurchase from the hiring agency any or all of the leave previously paid to the employee at the same per day rate as the former employee was compensated.

(E)   The Division of Budget and Analysis shall devise and administer a plan to provide the benefits provided in subparagraphs (A), (B) and (C) for as long as the designated funds of one million five hundred thousand dollars ($1,500,000) are available. This program terminates when the designated funds are expended or June 30, 2002, whichever occurs first. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LEATHERMAN explained the amendment.

Senator MOORE spoke on the amendment.

Amendment No. 91 was adopted.

The compromise agreement between the Republican and Democrat caucuses hinged on the insistence by some Senators that the additional expenditures be covered in part by the removal from the Bill of the one-cent food tax cut. The provision providing for the one-cent tax cut was violative of Rule 24A and B and Senator LAND said he would raise the Point of Order to strike it out. This would add back fifty million dollars in revenue.

Originally, this was to be done after the compromise was reached. However, the drafting decision was made to strike it as part of the balancing amendment rather than do it by a Point of Order under Rule 24A and B. It was a foregone conclusion it was out, so for smooth procedural purposes it was included simply in the balancing amendment. Thus, we could vote for the compromise with the removal of the tax cut, as that was already a foregone reality. This was the only way to get a Bill after days of filibustering by some to prevent progress on the Bill until their priorities in spending were included. There simply was no other way without being disruptive of the process.

The question then was the adoption of the Report of the Senate Finance Committee, as amended.

The Report of the Senate Finance Committee was adopted, as amended.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

As Chairman of the Senate Finance Committee, I moved to table Amendment Nos. 8, 9, 11 and 12. If these amendments had been

For years, special projects needed in Senators' areas of the State were put in the Bill. However, tax relief for the state's taxpayers was the primary goal of some of us, especially car tax relief, food tax cuts and residential property tax relief as well as taking care of higher education, education, health care and state employee pay raises. It was paramount to protect these commitments to the people, if possible.

Efforts were made to add special projects from both parties, but the Senators willingly agreed to forego these. The State was over a half billion dollars short this fiscal year and, yet, there were cries from some for more spending on new programs and expanding existing programs, while we faced prison closings, possible layoffs, etc. State employees were not being adequately covered, yet, we had the effort on the floor to spend millions more in taxpayer dollars.

My belief is that we should not have added so much with one-time money. We would be better off funding worthy one-time projects with nonrecurring money than bringing on new recurring expenses with one-time monies. It is almost like postponing the inevitable and clouding the future. Repealing tax cuts, funding recurring expenses with nonrecurring monies, shortchanging state employees, closing prisons, shorting Mental Health and raising the employee costs of medical insurance in this Bill will be far worse in the long run than someone's special one-time project being funded or a new recurring program being delayed. Too much growth in spending in times of a revenue shortfall is a roadmap for hard times ahead and a future challenge to adequate state employee pay raises, full funding of existing needs and the needed tax relief. Spending that requires a recurring basis without an adequate recurring base signals hard times for the State's employees and taxpayers' tax cuts in the future.

In order to get a budget bill passed, I had to vote for this Bill despite some shortcomings, as it was the best we could get with all the competing interests.

In the compromise reached on third reading of H. 3687, a critical part of our request in this tight budget year was to delete a number of special project appropriations established under several different agencies. It was our understanding, agreement and express intent that each and all of these projects would not be reinserted in conference. It was further agreed that none of the affected agencies would, by transfer or any other management device of any monies available to the agency, fund, underwrite, make a loan to or in any other manner cause any of these special projects to receive any monies from any source of funds. It is our intent in listing each of these projects below to serve notice and create a journal record that we will take any and all forms of action available under the law against any agency which acts contrary to the spirit or letter of the agreement herein expressed.

Department of Education:
$866,390 for Governor's School for Arts & Humanities
$300,000 for Life Skills Recovery Program
$250,000 for Roper Mountain Science Center

State Library:
$650,000 to the Clarendon County Library
$300,000 to the Belton Resource Center
$250,000 to the Greenville Resource Center
$300,000 to the Johnsonville Resource Center
$300,000 to the Dillon County Resource Center
$50,000 to the Fountain Inn Library
$500,000 to the Blacksburg Library
$200,000 to the Clinton Library

Commission on Higher Education:
$2,000,000 for Information Technology

University of South Carolina - Lancaster Campus:
$350,000 for Wellness Center Project

Department of Mental Health:
$500,000 for Greer Mental Health Center

Forestry Commission:
$500,000 for Forest Resource Inventory

Clemson University - PSA:
$100,000 Rural Extension Services

Department of Parks, Recreation and Tourism:
$600,000 for the Bonneau Boat Landing
$300,000 for the Georgetown Marine Complex
$150,000 for the Joe Adair Outdoor Center
$150,000 for the Inman Peach Museum
$50,000 for the Hunley's HVAC system
$50,000 for the Cayce Museum

Department of Commerce:
$300,000 for the Andrews Airport
$200,000 for the Hartsville Airport
$1,300,000 for Spartanburg Renaissance Project

Archives and History:
$40,000 Dawkins House

Department of Commerce:
$500,000 for National Cemetery Loan

State Ports Authority:
$5,000,000 for the Cooper River Bridge Project

Budget and Control Board, Div. of Rural Development:
Not to exceed $5,000,000 for Uranium Contamination

Having received a favorable report from the Committee on Agriculture and Natural Resources, the following appointments were confirmed in open session:

Initial Appointment, Central Drought Response Committee, with term to commence March 1, 2000, and to expire March 1, 2004

Commission of Public Works

Dan Bennett, Spartanburg Water System, 301 South Ave., Spartanburg, S.C. 29306

Initial Appointment, Central Drought Response Committee, with term to commence March 1, 2000, and to expire March 1, 2004

Regional Council of Governments

James T. Darby, Jr., P. O. Box 1837, Sumter, S.C. 29151

Initial Appointment, Central Drought Response Committee, with term to commence March 1, 2000, and to expire March 1, 2004

Municipalities

C. Talmadge Tobias, City Manager of Sumter, P. O. Box 1149, Sumter, S.C. 29151

Having received a favorable report from the Committee on Education, the following appointments were confirmed in open session:

Initial Appointment, South Carolina Arts Commission, with term to commence June 30, 1998, and to expire June 30, 2001

At-Large

Virginia Self Brennan, 1 South Cedar Drive, Greenwood, S.C. 29649 VICE Eligio Maoli - resigned

Reappointment, South Carolina Arts Commission, with term to commence June 30, 2001, and to expire June 30, 2004

At-Large

Virginia Self Brennan, 1 South Cedar Drive, Greenwood, S.C. 29649

Initial Appointment, South Carolina Arts Commission, with term to commence June 30, 2001, and to expire June 30, 2004

At-Large

Noble P. Cooper, 1415 Pine Street, Columbia, S.C. 29204 VICE Judith W. Cooter

Initial Appointment, John De La Howe School Board of Trustees, with term to commence April 1, 2000, and to expire April 1, 2005

At-Large

Paul S. LeRoy, 213 Lee Circle, McCormick, S.C. 29835 VICE Frances Stogner

Initial Appointment, South Carolina Arts Commission, with term to commence June 30, 2001, and to expire June 30, 2004

At-Large

David Cushing Stinson, 434 Berrie Road, Aiken, S.C. 29801 VICE Sybil M. Whitenburg

Having received a favorable report from the General Committee, the following appointment was confirmed in open session:

Reappointment, South Carolina Commission for the Blind, with term to commence May 19, 2001, and to expire May 19, 2005

2nd Congressional District

Thomas L. Williams, 2686 Highway 278, Barnwell, S.C. 29812

Having received a favorable report from the Committee on Judiciary, the following appointments were confirmed in open session:

Initial Appointment, South Carolina State Board of Social Work Examiners, with term to commence November 27, 1999, and to expire November 27, 2003

Public

Donald D. Bradley, 5515 Shakespeare Rd., Suite 310, Columbia, S.C. 29223 VICE Lillian Bowers Glenn

Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 1999, and to expire June 30, 2002

2nd Congressional District

Clifford Bush III, Esquire, Post Office Box 986, St. Helena Island, S.C. 29920 VICE Florence L. Rosse

Reappointment, South Carolina State Commission for Minority Affairs, with term to commence June 30, 2001, and to expire June 30, 2005

5th Congressional District

Betty Davis Gilliam, 805 Clinton Ave., Lancaster, S.C. 29720

Reappointment, South Carolina Commission on Women, with term to commence October 18, 2001, and to expire October 18, 2005

At-Large

Dr. Leon H. Ginsberg, 318 Leaning Tree Road, Columbia, S.C. 29223-3011

Reappointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 2001, and to expire June 30, 2005

5th Congressional District

Carroll P. Huffman, P. O. Box 1065, Lancaster, S.C. 29721

Reappointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2001, and to expire June 30, 2004

6th Congressional District

Mrs. Gloria M. James, 138 Bellwood Court, Holly Hill, S.C. 29059

Reappointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2001, and to expire June 30, 2004

6th Congressional District

Jacquetta Porter Jones, 5868 Octavia Ave., Ravenel, S.C. 29470

Reappointment, South Carolina Board of Directors for Review of Foster Care of Children, with term to commence June 30, 2001, and to expire June 30, 2005

2nd Congressional District

Louise A. McFarland, 6362 Goldbranch Road, Columbia, S.C. 29206

Reappointment, South Carolina Board of Directors for Review of Foster Care of Children, with term to commence June 30, 2001, and to expire June 30, 2005

6th Congressional District

Carrie Sinkler-Parker, P. O. Box 313, Alcolu, S.C. 29001

Initial Appointment, South Carolina Crime Victims' Advisory Board, with term to commence August 1, 2000, and to expire August 1, 2005

Attorney

Christine Olle Sloan, Esquire, 211 West Liberty Street, Winnsboro, S.C. 29180 VICE Thomas R. Gottshall

Initial Appointment, Board of Trustees of the Children's Trust Fund of South Carolina, with term to commence June 30, 1998, and to expire June 30, 2002

At-Large

Wonida Judy Welch, Wachovia, 500 Taylor Street, Suite 200, Columbia, S.C. 29201 VICE Carolyn Frederick

Initial Appointment, South Carolina Crime Victims' Advisory Board, with term to commence August 1, 1999, and to expire August 1, 2004

At-Large

Margaret H. Jennings-Todd, 2830 Wheat Street, Columbia, S.C. 29205 VICE Thomas S. Harrison, Jr.

Having received a favorable report from the Committee on Labor, Commerce and Industry, the following appointments were confirmed in open session:

Initial Appointment, Governor's Nuclear Advisory Council, with term coterminous with Governor

Kathryn Grace Billing, 19 Graymont Circle, Columbia, S.C. 29205

Initial Appointment, Governor's Nuclear Advisory Council, with term coterminous with Governor

Scientist/Engineer

Vincent Van Brunt, Ph.D., U.S.C. Dept. of Chemical Engineering, Swearingen Engineering Center, Columbia, S.C. 29208

Initial Appointment, South Carolina Residential Builders Commission, with term to commence June 30, 1999, and to expire June 30, 2003

3rd Congressional District

James M. "Mike" McMichael, 103 Bradley Street, Clemson, S.C. 29631 VICE Alvin B. Roberts

Initial Appointment, Governor's Nuclear Advisory Council, with term coterminous with Governor

Scientist/Engineer

James Dale Navratil, Ph.D., 342 Computer Court, Anderson, S.C. 29625-6510

Initial Appointment, South Carolina Board of Occupational Therapy, with term to commence September 30, 2000, and to expire September 30, 2003

Therapist

Celeste Ranson, 100 Laurel Crossing Drive, Lugoff, S.C. 29078

Reappointment, Board of Directors of the Jobs-Economic Development Authority, with term to commence July 27, 2001, and to expire July 27, 2004

At-Large

P. Keith Waring, 1962 Ashley Hall Road, Charleston, S.C. 29407

Having received a favorable report from the Committee on Transportation, the following appointments were confirmed in open session:

Reappointment, Scenic Highways Committee, with term to commence July 14, 2000, and to expire July 14, 2002

Outdoor Advertising

Douglas W. McFarland, MAC Advertising, P. O. Box 31463, Charleston, S.C. 29417

Reappointment, South Carolina State Ports Authority, with term to commence June 4, 2001, and to expire June 4, 2008

At-Large

Jack M. Scoville, 305 Meeting Street, Georgetown, S.C. 29440

At 1:45 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet next Tuesday, May 22, 2001, at 12:00 Noon.

This web page was last updated on Thursday, June 25, 2009 at 1:20 P.M.